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HomeMy WebLinkAbout2009-08-18 CC Packetiitwaer THE NINTNALACE OF MINNESOTA REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street August 18, 2009 APPROVAL OF MINUTES — Possible approval of July 7, 2009 Executive Session minutes, July 21, 2009 regular meeting and July 28, 2009 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Presentation of Plaque to Julie Kink OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess. STAFF REPORTS 1. Police Chief 3. City Clerk 2. Fire Chief 4. Community Dev. Director 5. City Engineer /PWD 7. Finance Director 6. City Attorney 8. City Administrator CONSENT AGENDA (Roll CaII) 1. Resolution 2009 -124, directing payment of bills 2. Possible approval of Utility Bill adjustment 3. Possible approval of temporary liquor license — September 26, 2009 — Ascension Episcopal Church PUBLIC HEARINGS - Out of respect for others irk attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for a public hearing to consider the transfer of an On -sale & Sunday liquor license from Stones Restaurant, LLC, DBA: Stone's Restaurant to Stillwater Kitchens LLC, DBA: The Kitchen in Stillwater. Notice was published in the Stillwater Gazette on August 5, 2009. Ingrid Johnson and Benjamin Hiza applicant. UNFINISHED BUSINESS 1. Continuation of discussion for an amendment to the City Code concerning height variances, whereby all requests to vary a structure height by more than 10% would require approval by the City Council. (Ordinance — 1 reading — Roll CaII) 2. Possible approval of resolution for street vacation and municipal license — Tony Mutter & Colleen Eddy (Resolution — Roll Call) 3. Possible approval of a contract for parking ramp revenue control equipment (Resolution — Roll CaII) 4. Possible approval of findings of fact relating to denial of request from Scott Junker for a subdivision and variance request to subdivide an existing lot of 15,000 square feet into two lots of 7,500 square feet (Resolution —Roll Call) 5. Possible approval of findings of fact relating to an appeal of the Planning Commission's decision to approve a special use permit to replace a 60 -foot tall light pole with a new 100 -foot tall multipurpose cell tower located at 1900 Myrtle Street West. (Resolution — Roll Call) 6. Possible approval of Development Agreement between the City of Stillwater and U.S. Homes for Millbrook Plat 3 NEW BUSINESS 1. Possible approval of building monitoring improvement — 2009 Capital Budget - Library 2. Possible approval of Special Event — St. Croix Harvest Fest & Giant Pumpkin Weigh -off 3. Declaration of costs, preparation of roll & calling for assessment hearing annual street improvement project (Project 09 -02) (Resolution — Roll Call) 4. Declaration of costs, preparation of roll & calling for assessment hearing for 2009 Mill and Overlay Project (Project 2009 -08) (Resolution — Roll CaII) 5. Possible approval of license agreement — 1 Ridge Lane Drive — Michael Sheehy (Resolution — Roll Call) 6. Information on revised Flood Insurance Maps 7. Request to purchase trailer — Public Works 8. Discussion of payments to beautification fund re: marathon and bike race PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, July 7, 2009 Time convened: 9:46 p.m. Time adjourned: 10:48 p.m. Members present: Mayor Harycki and Councilmembers Gag, Cook, Roush, Polehna Members absent: None Also present: City Administrator Hansen Purpose: Performance Review The City Council met in Executive Session to consider the performance evaluation of City Administrator Larry Hansen. Mr. Hansen was given a positive performance review and work direction for the coming year. Adjournment: Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 10:48 p.m. All in favor. Attest: Larry D. Hansen, City Administrator Ken Harycki, Mayor PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES lwater THE OIOTNPCACE Of MINNESOTA CITY COUNCIL MEETING July 21, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 7:05 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 Planner Pogge City Clerk Ward Prior to the Pledge, Mayor Harycki asked that a moment of silence be observed in honor of the three soldiers from the Red Bull Division who were killed in Iraq. Mayor Harycki led the Council and audience in the Pledge of Allegiance. Motion by Councilmember Roush, seconded by Councilmember Gag to approve the July 7, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Discussion on Marathon /Possible approval of 2010 Marathon 7:00 P.M. Dave Eckberg reviewed the results of this year's marathon; a compilation of comments was distributed. While some minor tweaks need to be made, he stated the event went very well and has a great future. He asked for approval of the event for 2010 and perhaps 2011 in order to move forward under the same terms as 2009 based on the fact that competitor marathons are already advertising and securing participants for next year. Police Chief Gannaway and Fire Chief Glaser agreed that this year's marathon, the first -ever Stillwater marathon, went well. City Council Meeting July 21, 2009 Councilmember Cook pointed out she has not seen the contract agreement for 2009. She said as a member of the special events task force, which was formed specifically to look at the larger events that take place in the City as to the events' overall benefit to the community, she believes it would be premature to approve next year's contract until the task force has developed a policy and process that is consistent to all applicants. She also stated she had been told that the Council would be presented with a more formal briefing regarding this year's marathon. Councilmember Gag, also a member of the special events task force, pointed out that group has only had one meeting to date and that he was unsure as to when that group might be able to look specifically at the marathon. Councilmember Roush said he agreed with Councilmember Cook that the Council should have a draft of the contract before approving any agreement. There was discussion of the number of participants. It was noted that the 2009 contract limited the number of participants to 5,750, while about 2,500 runners participated this year. Mr. Eckberg said he would not want to expand too rapidly in the second year and that he envisioned about 5,000 participants and leaving the contract maximum as in 2009. Chief Gannaway agreed with keeping the number at the original level as he would like to analyze the impact on traffic and traffic control. Councilmember Gag said he thought the original contract was well written and seemed to have been followed fairly well; and thought the marathon was a real positive event for Stillwater. Councilmember Roush asked about cleanup; Public Works Director Sanders stated there were no problems in that area. Mayor Harycki asked about the shuttle system; Mr. Eckberg stated the reviews of the system were very positive. Councilmember Polehna said he had received a request from the manager of the Oasis that Mr. Eckberg stop in and talk with him about the event. Mr. Eckberg said that next year, they intend to pull the starting point up a bit to alleviate any issues with the Oasis being shut down for a short period of time and also eliminate the need for a switchback at another location in the route. Mayor Harycki asked about the economic impact study; Mr. Eckberg stated the Chamber is working on that analysis. Councilmember Cook said she was looking for more formal data, such as the economic impact report, as well as a copy of the contract, before acting on the request. There was discussion as to when this might be put back on the agenda for action, with August 18, 2009, as the likely date. Motion by Councilmember Gag, seconded by Councilmember Roush to table this request. All in favor. Financial Statement Presentation — Tom Koop. Larsen & Allen Tom Koop and Brady Hoffman, of Larson Allen, reviewed the results of the annual audit process and results. It was noted there were no internal control deficiencies found, no corrections made to the books, and an unqualified (clean) opinion given on the financial statements. The presentation highlighted revenues and expenditures in the various funds. There was discussion of the impact of the loss of state aid in 2008 on the general fund balance. The presentation also highlighted trends in tax a breakdown of outstanding debt and legal debt margin. There was discussion about mill rates and the utilization of TIF districts. Page 2 of 11 City Council Meeting July 21, 2009 Human Rights Award Presentation Mayor Harycki read a proclamation and presented the annual Human Rights Award to Mary Leadem Ticiu in recognition of her efforts at motivating and helping the most challenging students, of all different ethnic backgrounds, stay in school and remain interested in learning. Ms. Ticiu expressed her appreciation for the award. Proclamation: Night to Unite (August 4, 2009) Mayor Harycki read a proclamation designating Aug. 4, 2009, as Night to Unite Day in the City of Stillwater. OPEN FORUM No public comments STAFF REPORTS Police - Chief Gannaway said preparations for Lumberjack Days were complete. He said the National Guard will be assisting with traffic control. He informed the Council the department has entered into a mutual aid agreement, Internet Crimes Against Children (ICAC) task force; one of the department's investigators will be assigned to the task force through a mutual aid agreement and that there is no cost involved; it is more a sharing of resources and intelligence. Chief Gannaway said the department has received a hazard mitigation grant from Washington County to participate in the County's development of an updated hazard mitigation plan and that a statement of interest is requested. City Clerk Ward read the statement of interest. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -113, statement of interest in All- Hazard Mitigation Planning. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Cook asked about plans for the National Night Out (Night to Unite). Chief Gannaway said the Command Post will be in Lowell Park distributing information and treats. Also, he said that residents can register for a block party, and the department will provide supporting materials and an officer to make an appearance. Fire — Chief Glaser reported on a house fire in the Liberty development and a garage fire on Maple Street. He said the department has been dealing with a hazardous material spill in the downtown area. He said a business had a fuel oil leakage that got into the storm drains and is now leaking into the River; the MPCA and Bay West have been notified and cleanup efforts are underway. Chief Glaser also noted that there have been several grass fires in the townships. He said the department also is preparing for Page 3of11 City Council Meeting July 21, 2009 Lumberjack Days, with additional personnel to be on hand during the weekend. He noted that one of the department's vehicles is currently out of service due to a pump issue and is likely to be out of service for two to three weeks. He stated the fire station grant was completed and submitted on July 10 and the DEED grant is nearly complete. He also reported that background checks are being completed on four people the department is hoping to hire as on -call firefighters. Community Development — Community Development Director Turnblad provided the annual residential building permit report for the orderly annexation area. He provided information regarding graffiti removal; he stated John Vaughan, a local resident who has a lot of experience with community development corporations and graffiti removal, has volunteered to put together several volunteer cleanup days. He said a graffiti informational brochure has been prepared for distribution to local businesses. In addition to the informational brochure, it is proposed that the City provide businesses with the chemicals necessary to remove future graffiti incidents. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the purchase of the requested graffiti removal materials. All in favor. On a question by Mayor Harycki, Mr. Turnblad noted that the Youth Service Bureau will be utilized in the volunteer cleanup events. It was noted that the City's web site includes a graffiti reporting form. Mr. Turnblad stated PD Pappy's has requested to be allowed to keep their dumpsters at the current location until the levee project is under way; Mr. Turnblad suggested that a lease be utilized to be consistent with what has been required of other businesses. Councilmember Polehna suggested PD Pappy's be required to construct some type of temporary enclosure for the dumpsters. In discussion, it was noted that there likely is no location for a permanent enclosure other than on City property. Motion by Councilmember Polehna, seconded by Councilmember Gag to allow construction of a temporary wooden structure to screen the dumpsters at the current location for the remainder of this year and address the dumpster issue at the north end of downtown next year. In discussion, Mr. Turnblad asked whether the temporary structure can remain past next year in the event that the levee project doesn't begin as anticipated. Councilmember Polehna agreed to amend his motion to indicate that the temporary structure be allowed until next spring with the issue to be revisited at that time; Councilmember Gag agreed to the amended motion as the seconder. All in favor. Public Works — Public Works Director Sanders reported that the 2009 street project is progressing, with a closure of Myrtle Street and detour to Pine Street scheduled for the following week. Seal coating is scheduled to begin July 31, with notices to residents mailed the week prior. Page 4 of 11 City Council Meeting July 21, 2009 City Attorney — City Attorney Magnuson referred to his memorandum regarding the license agreement with PD Pappy's for the patio. He provided maps of the area in question and reviewed the lease /licenses that originated when the railroad owned the properties. Specifically, he reviewed the license with the Yacht Club; now PD Pappy's, noting that a license preserves the City ownership and use of the property should it be needed for construction of the Lowell Park improvements in the future. Also, he stated he has reviewed the statutes and contacted Minnesota Liquor Control and there is no prohibition from serving alcohol on the property in question. Finance — Finance Director Harrison told the Council that state statutes require that the City publish a financial summary report, which will be done in the Gazette and if anyone wishes a full financial statement, copies are available at City Hall. City Administrator — City Administrator Hansen told the Council he had the first meeting with one of the City unions and relayed the Council's position, that of a 0% increase for the next contracts. He said he thought the meeting went well, with the union understanding the City's position. Mr. Hansen asked about the annual picnic for boards and commissions, whether the Council wished to continue hosting the picnic given the economic conditions. He said the cost of the annual event is generally about $1,000. Councilmember Roush suggested serving burgers and brats, versus steak and chicken, to keep costs down, noting that he thought the City owned the commission members some recognition for their service. Councilmember Polehna noted that a lot of County commission members get paid and /or receive mileage, while City commission members are volunteers and work tirelessly on behalf of the City. It was consensus to continue with the annual event, serving burgers and brats as suggested by Councilmember Roush. CONSENT AGENDA 1. Resolution 2009 -111, directing payment of bills 2. Resolution 2009 -112, approval of Lift Station Improvements & Upgrades, Project 2007 -08 Change Order No. 1 3. Possible approval to purchase several sets (5 -6) of firefighter turnout gear from 2009 Capital Outlay funds Mayor Harycki and Councilmember Cook asked several questions regarding specific bills, which were answered by staff. Motion by Councilmember Polehna, seconded by Councilmember Roush, moved approval of the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Page 5 of 11 City Council Meeting July 21, 2009 Case No. 09 -14. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision to approve a special use permit to replace a 60 -foot tall Tight Dole with a new 100 -foot tall multipurpose cell tower located at 1900 Myrtle Street West. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled from 7/7/09 meeting) Planner Pogge reviewed the previous action relating to the Planning Commission's approval of the new tower to be located at the Jaycee Field, 1900 Myrtle St. He noted that one of the conditions of approval was that all antennas be internally mounted in the 100 -foot tower. He pointed out that KLBB's AM station tower is located south of the proposed site, and City code requires review of towers within 2 miles to see if existing towers could support the antennas requested. He stated the KLBB tower is 50 years old and consulting engineers do not believe the existing tower would support the additional antennas being requested; the City's consulting engineer stated the KLBB tower could be replaced but that would present some technical and aesthetic concerns, as well as some safety concerns because it is considered a "hot" tower. Mr. Pogge noted that City code requirements for a special use permit for a cell tower in a residential district has 8 conditions for approval, and the request for the new cell tower meets all eight conditions. Councilmember Roush suggested that some of the conditions of approval are subjective, such as the condition that it be visually unobtrusive; Councilmember Roush also questioned the need for the tower in the proposed location and the potential impact on a proposed new fire station in that area. Mr. Pogge spoke to some of the ways to lessen the visual impact, such as internally mounted'antennas and painting of the tower, as well as the coverage area need. Mr. Pogge also addressed the comment regarding impact on a fire station, noting the consulting engineer's report indicates the new tower would not be an issue for public safety communication. Mayor Harycki opened the public hearing. Steve Carlson, T- Mobile, addressed the issue of public safety communication impact, noting they have co- located with public safety on several towers, including Lily Lake and Hugo. He noted that their request was modified to have internally mounted antennas, and he spoke to the need for the tower to serve residential customers. On a question by Councilmember Roush, Mr. Carlson stated power output is regulated by the FCC which results in towers being low powered and neighborhood- specific sites. On a question by Councilmember Cook, Mr. Carlson addressed the reasons why it is not recommended that the KLBB tower be removed and replaced with another tower to serve this need. On a question by Councilmember Cook regarding an alternative site in a more commercial /industrial area, Mr. Carlson provided coverage maps and again spoke to the fact that sites are neighborhood specific, with no commercial /industrial areas in close proximity. Councilmember Roush asked about the distance of coverage area. Councilmember Cook expressed a concern about continuing proliferation of additional requests for cell towers; Mr. Carlson spoke of the carriers' use of different frequencies and thus the different needs for infrastructure. Councilmember Roush asked whether co- location would be possible on a 75' high tower; Mr. Carlson said he did not think that would be feasible. Councilmember Roush referred to Mr. Smith's appeal; Mr. Carlson said one of Mr. Smith's comments relates to possible RF interference, noting that according to law, if there is interference, T- Mobile Page 6 of 11 City Council Meeting July 21, 2009 and AT &T would have to remedy any problem. Regarding Mr. Smith's comments about not investigating co- location at the KLBB site, Mr. Carlson responded they did not pursue those negotiations as co- location as that site does not appear to be a viable alternative for the previously discussed reasons. Ken Nielsen, AT &T, spoke briefly in support of the request. Councilmember Cook asked about the possibility of adding another user to the proposed new tower; Mr. Carlson said potentially there is room for a third carrier. Mr. Nielsen said AT &T will need the bottom two canisters on the new tower, so if a third carrier were to utilize the site, it would likely have to be located on a different pole. No other comments were received, and the hearing was closed. Councilmember Gag, who serves on the Planning Commission, noted that the consultant from Owl Engineering was very helpful with technical questions and noted many of these same questions were asked at the Planning Commission. The Planning Commission did not find any substantial reasons of fact or findings for denial. Councilmember Gag stated that he felt, through the Planning Commission and staffs' efforts, a lot of due diligence went into the approval process. Garrett Lysiak, Owl Engineering, stated he had reviewed this application regarding coverage need, public safety issues, as well as the potential co- location with KLBB. He stated the KLBB tower cannot structurally handle the phone carriers; it could be replaced but would have to be much larger and wider and would still present safety and aesthetic issues. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Special Use Permit for the proposed 100 -foot multi - purpose cell tower with the eight conditions of approval. Ayes: Councilmembers Gag, Polehna and Mayor Harycki Nays: Councilmembers Cook and Roush UNFINISHED BUSINESS Joyce Melton — Used Car Property Request Community Development Director Turnblad reviewed the request and the findings subsequent to the last meeting. He stated the findings indicate that car sales use is a legal non - conforming use, which would allow the Melton property to be used for a car sales business even though the special use permit has expired. He said it is recommended that the requested zoning ordinance amendment be denied with the finding that a car sales business on the Melton property is a legal non - conforming use, if that use comes back within a year. Page 7 of 11 City Council Meeting July 21, 2009 City Attorney Magnuson pointed out that when the ordinance` amendment was changed to eliminate car sales use as a permitted special use in that zoning district, it was a text amendment and notice was not sent to the property owner, essentially rezoning the property without notification. City Attorney Magnuson said the fairness of this avenue is that now the Meltons know about the change and have one year to utilize the legal, non - conforming status and that state law provides that if a non - conforming use is abandoned for a year, the property loses its status. It was noted this finding applies just to this owner. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2009 -114, approval of resolution adopting findings of facts, conclusion and order related to the application of Joyce Melton for property located at 1200 Highway 36 (Case No. 09 -18) and deny the ordinance amendment. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of barge terminal property contract City Administrator Hansen stated a potential agreement for joint use of the property fell through and the only agreement he has is with St. Croix Boat & Packet. The contract provides for a monthly rent of $1100 per month and an agreement to keep the Cayuga afloat. He stated MnDOT has indicated it wants to do some test footings for the new river crossing this fall and would like to utilize the barge terminal property and that St. Croix Boat & Packet would agree to that usage. Councilmember Roush asked if the rent was seasonal; Mr. Hansen said the rent is to be paid monthly for two years according to the agreement. In discussion, Mr. Hansen said it is likely St. Croix Boat & Packet will use the area to work on its other boats. Councilmember Cook asked if the DNR limits the number of craft that can be moored there. City Attorney Magnuson said the contract requires the tenant to obtain and maintain the necessary permits. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009 -115, approval of lease agreement with St. Croix Boat & Packet Company. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Parking Ramp Update Community Development Director Turnblad provided an update on the parking ramp costs, which indicate the total project is about $16,000 under budget. Members congratulated Mr. Turnblad and Mr. Hansen for their efforts on the project. Page 8 of 11 City Council Meeting July 21, 2009 NEW BUSINESS Administrative Fines Information Chief Gannaway said the City would be adopting state law providing for the issuance of administrative citations for certain traffic offenses. He said the City would continue to do administration citations for the quality of life problems such as alcohol in public, sandwich board violations, etc. On a question by Mayor Harycki, Chief Gannaway explained that the state law was changed, effective August 1, to limit the number of traffic offenses that the City can write administrative citations for under Chapter 169 of the Traffic Code, lowered the fine to $60, with the state taking 20% of that amount. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -116, a resolution authorizing administrative citations for certain traffic offenses pursuant to Minnesota Statute 169.99. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible accepting of plans & specifications for annual sidewalk project & authorize advertisement for bids Public Works Director Sanders stated as the result of the public hearing, staff talked with the resident who had expressed concern her sidewalk problem was due to a City water leakage and staff believes the repair of the water main had no effect on the settlement of the sidewalk and the property should be included in the project. Mayor Harycki questioned the listed date for bid opening. Mr. Sanders stated quotes would be solicited from contractors and that the three weeks for bids is required only for projects over $100,000. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -117, approve plans & specifications and ordering advertisement for bids for 2009 Sidewalk Rehabilitation Project (Project 2009 -05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to direct staff to prepare the feasibility report for the Washington Avenue Mill and Overlay Project Public Works Director Sanders stated the City had received some stimulus funding, $280,000, for this project; the usual 20% City match will not be required for the project if the cost comes in at $250,000. He noted that according to the City's assessment policy, mill and overlay projects are considered an improvement project and assessed 100% against the benefiting properties. City Attorney Magnuson noted the assessment Page 9 of 11 City Council Meeting July 21, 2009 policy was adopted to provide some fairness rather than having some "free" streets, MSA designated streets, for example. City Administrator Hansen pointed out the Council was not being asked to make a decision about the assessments at this time, but to order the feasibility report which will preserve the option to assess the cost. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009 -118, resolution ordering preparation of feasibility report for Washington Avenue Mill and Overlay Project. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of a contract for parkins ramp revenue control equipment Community Development Director Turnblad stated two companies had submitted proposals for the equipment for the parking ramp and some replacement equipment for the two pay lots downtown. The Parking Commission heard presentations from both companies and recommends that the contract is awarded to Amano McGann. Cost for the parking ramp equipment, installation and training is $88,995, which would be paid from the parking revenue fund. Chief Gannaway said the desire is to update the two existing pay lots with the same equipment; cost for the two existing lots could be about $28,000. Councilmember Roush asked about the impact of not replacing the machines in the pay Tots; Chief Gannaway stated the equipment has been slated for replacement for some time. Councilmember Roush said he would like more information regarding how much money is actually generated by the machines. Chief Gannaway referred to the auditor's report regarding how much revenue is generated, noting there is about $500,000 in the parking enterprise fund at this time. Mayor Harycki asked about the revenue projections for the parking ramp; Mr. Turnblad stated projections indicate hourly parking use revenues will pay off the cost of the parking ramp equipment within the equipment's useful life. Chief Gannaway reviewed the equipment options reviewed by the Parking Commission. City Administrator Hansen pointed out the parking rates have to be set so revenues not only cover the cost of the machines but also contribute to a maintenance fund. Councilmember Gag suggested it would be helpful for the Council to review all the information the Parking Commission had in making its decision. Motion by Councilmember Roush, seconded by Councilmember Cook to table this item pending additional information. All in favor. Councilmember Roush asked if boat trailers are discouraged from utilizing the parking Tots; it was noted that boat trailers are not legal in the downtown area. City Attorney Magnuson referred to past problems with many boat trailers parking in the downtown taking up many spots, which prompted adoption of the ordinance restricting trailers. Page 10 of 11 City Council Meeting July 21, 2009 ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 10:33 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Page 11 of 11 Ken Harycki, Mayor Resolution 2009 -111, directing payment of bills Resolution 2009 -112, approval of Lift Station Improvements & Upgrades, Project 2007- 08 Change Order No. 1 Resolution 2009 -113, statement of interest in All- Hazard Mitigation Planning. Resolution 2009 -114, approval of resolution adopting findings of facts, conclusion and order related to the application of Joyce Melton for property located at 1200 Highway 36 (Case No. 09 -18) Resolution 2009 -115, approval of lease agreement with St. Croix Boat & Packet Company Resolution 2009 -116, a resolution authorizing administrative citations for certain traffic offenses pursuant to Minnesota Statute 169.99 Resolution 2009 -117, approve plans & specifications and ordering advertisement for bids for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Resolution 2009 -118, resolution ordering preparation of feasibility report for Washington Avenue Mill and Overlay Project Staff present: City Administrator Hansen Finance Director Harrison OTHER BUSINESS Budget Workshop 4:30 Recreation Center TOE 110TMOLACE Of MIMIIEEOTA CITY OF STILLWATER CITY COUNCIL MEETING Tuesday, July 28, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki 4:30 P.M. City Administrator Hansen explained that minor adjustments were made to salaries, not because any raises are planned, but because a' /4% increase went into effect July 1, as well as some step increases that are contractually bound. Also, he noted that PERA went from 6.75 to 7 %. Regarding capital purchases, he stated there is no plan to sell a capital equipment bond in 2010, so the only capital purchases he has approved have been in instances where the department has carry-over funds available from prior years. Mayor Harycki asked about travel; City Administrator Hansen said there is some travel /education that is required for people to retain licenses that is included in the budget; otherwise such expenses have been eliminated. Regarding health insurance, Mr. Hansen said he has not heard from the City's insurance consortium regarding health insurance, but the best information he has indicates a 10% increase is likely; that figure will be adjusted when firm information is received. Mr. Hansen also suggested that the Council hear from all departments before making any decisions. Mr. Hansen said he anticipates the Governor will be making additional unallotment at the end of the year and said he will be preparing a plan to deal with that likelihood, a plan that may include mandatory furloughs and additional personnel cuts. Doug Brady, Recreation Center Manager, said his proposed budget is much the same as 2009. He said a couple of numbers that were incorrect or not shown previously have been adjusted. Ms. Harrison said $274,000, the amount of revenue over expenditures, will be transferred out for debt service; it was noted that is about one -half of the debt service for the Recreation Center. Mayor Harycki asked Mr. Brady if he anticipates any Toss of revenue due to Tess ice time rental. Mr. Brady stated so far rentals have been stable, but said fall registrations may be a different situation; he stated he thinks they City Council Meeting July 28, 2009 will be right on with projections. Councilmember Polehna pointed out an increase in fees has been proposed and discussed by the Parks Commission and suggested that the increase ought to be implemented sooner rather than later. Mr. Brady said the projected revenues do not reflect any increase, any fee increase. There was discussion of the likelihood of repairs being needed at Lily Lake Arena and how those would be funded. Mr. Hansen said the goal had been to put several hundred thousand aside this year for future repairs, but that is just not possible at this time. There was discussion about energy costs. Mr. Hansen said there had been thought given to doing some additional insulation of the dome using stimulus money, but, as Mr. Brady explained, the stimulus money for cities the size of Stillwater has not been released at this time. Councilmember Roush asked if an earlier issue related to figure skaters' ice time had been resolved; Mr. Hansen said discussions are continuing. Councilmember Cook asked about the possibility of charging non - residents a different fee; Mr. Brady noted that several surrounding communities participated in the original construction of the Recreation Center so it would be difficult to charge a higher rate to non - residents. Councilmember Cook asked if there are other opportunities to increase revenues; Mr. Brady stated he does advertising to promote usage, and if renters are available, he will have the facility opened 24 hours a day. Mr. Hansen said he is looking at the possibility of having a third party run the concessions so the City would have not to pay employees, yet still receive revenue, and said staff is continually looking at ways to increase revenues. 5:00 Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs & Lighting Public Works Director Sanders stated the Engineering budget has not changed. He noted there is an $800 fee for inspection of a culvert on Neal Avenue, which is technically considered a bridge and must be inspected every two years according to MnDOT regulations. It was noted during discussion that these figures are gross numbers as engineering fees charged to projects come back to the general fund as revenue. Mr. Sanders noted there was a $21,000 reduction in the streets budget in 2009 and some savings was achieved by doing crosswalk stripping in house. He said no major changes are planned other than crosswalk stripping and a $5,000 reduction in seal coating. He said there are no capital outlay requests for bonding, but there are several requested capital items, including an asphalt roller trailer that was in this year's budget but not purchased yet and replacement of a 23- year -old grader with a multi - purpose hook truck. Mr. Sanders stated there is no increase in the proposed Parks budget other than moving some funds around to address specific needs, such as chemicals, seed and top soils. Mr. Hansen pointed out that the cost of chemicals is up, while contract costs are way down, as staff is doing the weed control, turf maintenance, etc. Mayor Harycki asked about the agreement for Teddy Bear Park, whether the City is obligated to pay for programming; Mr. Hansen stated the agreement calls for the City to Page 2 of 15 City Council Meeting July 28, 2009 maintain the facility only or it reverts back to the owner. Mr. Hansen stated the owner has agreed to pay for programming for an additional year, on a year -to -year basis. Mr. Hansen said he also decided that with the Emerald Ash Bore threat, it would be wise to keep the agreement with the Kathy Widin, forester. Mayor Harycki asked about rental of the Teddy Bear Park building; Assistant Public Works Superintendent Moore stated there have been 60 rentals. Mr. Hansen said staff has been attempting to increase rentals of the facility and the efforts seem to be working well. Mayor Harycki asked about the possibility of renting the second floor of the public works building for outside uses; it was noted the space is unfinished and would require work on the HVAC system. There was discussion about the possibility of getting additional Sentence to Serve assistance. Mr. Sanders said any parks' capital improvements will be paid for by carryover funds. Mr. Sanders noted the Sanitary Sewer Fund is a revenue fund, with no increase in the budget. He noted a good portion of the budget goes to pay Met Council fees for metro waste charges. He said there are no capital outlay expenditures for bonding; there is some capital outlay expense for lift station repairs. There was discussion of some planned improvements to the Nelson Street lift station. City Administrator Hansen stated there are three items that if not done will result in a surcharge from the Met Council; by doing the work, the City can eliminate the surcharge, which amounts to about $80,000 a year. City Administrator Hansen noted that the Met Council has increased its rates, but the City has not increased its rates for a number of years; he suggested that in the near future, the City may be forced to increase its rates. Mr. Sanders stated the Storm Sewer fund is another revenue fund, and the City just tries to match revenues with expenses. He noted that several years ago, the fund was split into two categories — storm sewer and water quality. He informed the Council that all street sweeping went into the water quality fund. There was discussion of some planned pond improvements. There was discussion of staff allocation; Mr. Sanders stated the staffing allocation has not increased. Councilmember Polehna asked about memberships and dues; Mr. Sanders stated the membership /dues in question (surface water management) were related to the Middle St. Croix WMO fees. Mr. Sanders stated there is no capital outlay planned for storm sewers. The Sign & Lighting is another revenue fund, Mr. Sanders stated, with the goal to match revenues and expenses. A good portion of the expenses goes to pay for electricity. He said there was a request to replace the sign maker for the sign shop, but that will be delayed. It was noted the next budget meeting is scheduled for 4:30 p.m. August. 11. The meeting was recessed at 5:40 p.m. Page 3 of 15 City Council Meeting July 28, 2009 RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Planner Pogge Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. He acknowledged the death of a young Stillwater girl struck by lightning and asked people to keep her family in their thoughts, along with the families of the three National Guard members who were killed recently in Iraq. APPROVAL OF MINUTES Minutes for July 21, 2009, will be presented at the August 18, 2009, meeting for approval. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Community Thread (formerly Community Volunteer Services Kristian Wesloh, development director of Community Thread, spoke to the change in the name of the agency -- from Community Volunteer Services to Community Thread. She said the new name better reflects the agency's role in the community but the mission, vision and programs remain the same. She noted the City has been a long- time supporter of the agency, for which the agency is grateful. She talked of the mission to promote volunteerism in the community, connecting people and enriching lives; she also briefly spoke of the six primary programs of the agency. She referred to the annual report which highlights the number of people served in 2008, noting that 92 cents of every dollar contributed to the organization supports direct services. She noted that Stillwater's financial support has always been a critical factor in supporting the organization's mission in the community. She acknowledged the difficult financial times facing the City and offered Community Thread's partnership and resources for residents, noting that Community Thread services and programs contribute to the safety and wellness of residents throughout the community. 7:00 P.M. City Council Meeting July 28, 2009 OPEN FORUM No Public Comments STAFF REPORTS Police - Police Chief Gannaway reviewed Lumberjack Days activities, noting that the department received 166 total calls for services, with about 40 people arrested and 18 transported to jail. He acknowledged the assistance of the National Guard in traffic control. Councilmember Roush referred to a concern about water and other items being thrown at parade participants, which could create safety issues. Chief Gannaway said this is a fairly standard activity during the parade and that next year police would patrol the route a bit more and try to curb the activity. Councilmember Cook asked if an itemization of costs would be provided; Chief Gannaway responded in the affirmative, but noted that information is not available until other agencies have provided their cost information. Fire — Chief Glaser also highlighted Lumberjack Days activities. He said the level of service was pretty typical of previous years, with the department receiving 41 total calls for services. He said staff spent 32 and one -half hours in code enforcement relating to Lumberjack Days, with total staff hours amounting to 385 hours preparing for and responding to the event. Community Development — Planner Pogge told the Council the flag pole plaque for Lowell Park has been completed and installed. He noted the portable toilet enclosure has been installed at the Water Street location, and staff currently is working with utility companies on the relocation of some utilities to accommodate the trash enclosure on Water Street south of Chestnut Street. He said it is hoped the trash enclosure can be completed sometime this fall. Mayor Harycki asked about the landscaping for the Manning Avenue project; it was noted the landscaping is to be installed in September. Mayor Harycki also pointed out there are a number of bulbs missing at the Veterans' Memorial; City Administrator Hansen said he would talk with the Veterans' Memorial Committee chairman about that issue. Public Works — Public Works Director Sanders stated work has started on the McKusick Lake loop trail. He said all the trees are transplanted; the next phase will be construction of the retaining wall, with construction of the trail to begin after the wall is completed. On a question by Mayor Harycki, Mr. Sanders said a 1' drop in the elevation requested by one homeowner can be accommodated. Mr. Sanders stated Myrtle Street is closed for work on water service replacement, catch basin replacements, as well as mill and overlay; weather permitting, the work should be completed by the week following the Council meeting. Mayor Harycki asked staff to install signage for the new canoe launch on McKusick. Page 5 of 15 City Council Meeting July 28, 2009 City Administrator Hansen stated work on the budget is expected to be completed by the end of August. CONSENT AGENDA* Motion by Councilmember Polehna, seconded by Councilmember Gag, to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009 -119, directing payment of bills 2. Possible approval of permit to sell liquor — Brian Nelson — Lily Lake Park — Bean Bag Tournament PUBLIC HEARINGS Case No. 09 -26. This is the date and time for a public hearina to consider a request from U.S. Home Corporation for approval of the final plat of Millbrook 3 Addition; two 8 unit townhome buildinas. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled July 7, 2009) Planner Pogge noted that all the improvements to support this addition were completed with the Millbrook 2 addition. He said the Planning Commission did review this request and recommended approval of the final plat. The Joint Board reviewed the application and recommended that the stock pile of dirt located in the western portion of the large park be relocated by May 31 of 2010, with turf re- established soon after. Mayor Harycki reviewed the Joint Board's position and the desire to get the parkland into active use as soon as possible and that he would like to see that attached as a condition of approval. Mr. Pogge pointed out that the City Park Commission considered the request and recommended that the stock pile be removed by March 31 to facilitate the establishment of the turf; Councilmember Polehna, a member of the Park Commission, noted that the Park Commission also recommended that the developer install the irrigation system and the City take over the establishment of the turf. Mr. Pogge stated staff has proposed to the developer, Lennar Corp., that they install the irrigation system and the City would accept the parkland at that time. Mr. Pogge suggested that the Council consider adopting the final plat and address the issues regarding the park in the final development agreement. Mayor Harycki opened the public hearing; no comments were received, and the hearing was closed. Motion by Councilmember Polehna moved to approve the final plat, with the condition that the park be graded and weeded in preparation for seeding. Mr. Pogge said typically conditions are not attached to final plat approval as it can create problems with title; conditions are dealt with in the development agreement. Page 6 of 15 City Council Meeting July 28, 2009 Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -120, a resolution approving the final plat for Millbrook 3rd Addition (Case No. 2009 -26). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -21. This is the date and time for a public hearing to consider a request from Joe Jablonski, U.S. Home Corporation. for an amendment to the residential planned unit development for house plans and site plan revisions located in the Millbrook Subdivision. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. (Tabled July 7, 2009) Planner Pogge reviewed the request for the addition of five new house plans, with two to four elevations each, to the current mix of eight housing plans, as well as a lot layout change that increases the size of the lots in the remaining CR (Cottage Residential) lots and decreases some of the TR (Traditional Residential) lots. He stated overall, the changes in lot size would result in the loss of four CR lots and increase of two TR lots. He stated the Planning Commission recommended that the TR lots remain unchanged and that the new house plans not be permitted in the TR area; and that the Joint Board concurred with the Planning Commission. Mayor Harycki opened the public hearing. No comments were heard and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -121, a resolution approving a Planned Unit Development Amendment for Millbrook. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -24. Consider a request from Scott Junker for a subdivision and variance request to subdivide an existing lot of 15.000 sauare feet into two lots of 7,500 square feet. The property is located at 1001 4 St North. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 Mr. Pogge reviewed the request. He stated due to the slopes of the property, the request does not meet minimum lot size requirements. He stated staff, as well as the Planning Commission, recommend denial. It was noted that should the Council decide to deny the request, it should be a straw vote pending preparation of findings of fact. Mayor Harycki opened the public hearing. Pat Lockyear, 1016 N. Third St., endorsed the Planning Commission and staffs recommendation for denial, noting the subdivision would not result in a buildable lot and would result in the City creating a non - conforming lot, which could cause problems in the future. She later noted that the granting of a variance requires a demonstration of Page 7 of 15 City Council Meeting July 28, 2009 undue hardship, which the applicant has not shown. She also noted the slope in question is a highly erodible slope. Pat Sullivan, 921 N. Fourth St., spoke of existing problems with the property and that he thought approval would result in additional problems in speaking for denial of the request. He later referred to City ordinance regarding removal of trees, vegetation in ravines, bluffs or slopes and provided photos of dumping items in the ravine. Scott Junker, applicant, said the re- subdivision request has the proper square footage. Mr. Junker suggested that part of the City's character is the fact that it is built into a hill; he spoke of other properties that were granted variances from slope restrictions. He said he is not requesting a building permit, he just wants to subdivide the 15,000 square feet. No other comments were received, and the hearing was closed. Councilmember Gag spoke of the Planning Commission's recommendation, which was made on two basic premises — the request doesn't meet zoning code in regard to slope restrictions and the request would result in the creation of a non - conforming lot. Motion by Councilmember Roush, seconded by Councilmember Cook to deny the application. City Attorney Magnuson recommended taking a straw vote and directing staff to prepare findings consist with that action for consideration at the next meeting. Councilmember Roush amended his motion as recommended by City Attorney Magnuson; Councilmember Cook seconded the amended motion. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09 -31. Consider a reauest from Tony Mutter and Colleen Eddy for a street vacation request for a portion of Sherburne Street abuttina Lots 19 and 20. Block 13, Sabins Addition to Stillwater. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009. Planner Pogge reviewed the request. He spoke to three options to deal with the existing encroachments — the vacation as requested, licensing the existing use or doing nothing. He pointed out that in general, state law requires that a street vacation have a public benefit and not be vacated for the sole benefit of the adjoining property owner(s). Mr. Pogge noted that granting a license does provide some reassurance that the structure will not have to be removed but does leave some cloud regarding the title. Doing nothing could affect the long -term marketability of the property. He stated it was the Planning Commission's recommendation to deny the requested vacation and pursue a licensing arrangement. Mr. Pogge reviewed the three criterias for a vacation, stating there are no utilities located in the right -of -way and the City foresees no need for the property for that need, but would recommend that a utility /drainage easement be retained except for under the garage and within three feet of the outside wall of the Page 8 of 15 City Council Meeting July 28, 2009 garage. He said it would be difficult for staff to find a public benefit for the requested vacation, but suggested that is a policy decision for the Council. Mayor Harycki opened the public hearing. Baiers Heeran, City Attorney representing the applicants, said the goal of the vacation is to benefit both the City and people using the trail and the applicants by creating a buffer and protecting them from the increased traffic using the trail, which will be in close proximity to their house. He noted the proposed agreement protects the City by providing an easement for any future utility /drainage needs. Colleen Eddy, applicant, 1104 Meadowlark Drive, said the request will support the property's value and tax revenue that helps support the City in these tough times, whereas a revocable license will bring in no added tax revenue and will erode the value of the property over time. She stated they have worked hard to benefit the community through their stewardship of Lake McKusick, the loon nesting project and other projects. Barry Stack, land surveyor, 9090 N. Fairy Falls Road, stated similar situations have occurred in the past and street vacations have been granted based on structure encroachments. He said in the past, the Council has taken the view that where the public's rights are protected, the vacation is in the interest of the City with the generation of tax revenues from the vacated property. On a question by Mayor Harycki, Mr. Stack stated a survey of the property was done in 1979 which clearly showed the location of the house. When the property was purchased, about a year later, a building permit was applied for and granted for a 24' garage addition, resulting in the encroachment. He suggested the Mutters are innocent victims of past actions. Mary Kress, 403 N. Sherburne St., the issue before the Council is about vacating City property; a street does not have to be vacated for a homeowner to use it, she said, and recommended denial. Ron Zaniewski, 1112 W. Linden St., spoke in favor of denial, noting this is City property; he spoke of the potential for setting a precedent in this case. Later, he questioned that the property was purchased not knowing the property lines. David Haak, 504 N. Owens St., spoke in favor of denial, noting Mr. Mutter had applied for a vacation in 2003, which was turned down 5 -0. He said Mr. Mutter was told at that time to have a survey done and apply for a license, noting that Mr. Mutter knew at that time that his garage was on Sherburne Street. He also pointed out there is a turnaround at another location on the Mutter property so they do not need the one on City property. Later, he said he would have no problem with the Mutters getting a license, but is definitely against the vacation of the street. Donna Mueller, 1321 Meadowlark Drive, spoke in favor of the Mutters' request. She said the Mutters need the land asked to be vacated to use their garage and back out of their driveway. She noted Mr. Mutter was not the homeowner who built the garage 30 years ago, and she noted, as Mr. Pogge, stated there is very little likelihood the City will Page 9 of 15 City Council Meeting July 28, 2009 ever need the property in the future. She said she thought the Mutters were great stewards for the community, and she thought vacating the property was the right thing for the City to do. Tom Voves, 518 N. Owens St., suggested the Council should consider this a unique situation and consider the requested vacation, saying he thought it would solve a lot of issues. Ken Kress, 403 N. Sherburne, stated Mr. Mutter has added onto his garage after he knew it was on City property. He said he was against giving City property up because someone claims they did not know the property they purchased wasn't their own property. Doug Marthaler, 510 Olive St., said as a citizen not involved with this case, he could see this as being a win -win situation and best for the City to move ahead with the vacation. Jon Mueller, 1321 Meadowlark Drive, said he felt the Mutters have been treated unfairly in this process, with the trail and now the vacation. He said he was present when the Parks Commission did its walk- through for the trail and when members of the Commission asked whose property certain trees were planted on; Mr. Pogge stated it was City property, with no explanation given regarding the whole history of the property. He suggested the trail disrupts the livelihood of the Mutters, but he didn't think anyone would support a trail coming through their property, that was never planned, when the property was purchased. He suggested there is a hidden agenda against the Mutters, noting that none of those people opposed to the vacation can see the property in question. He suggested there is a benefit to the vacation in providing a buffer between the homeowner and folks using the trail and an increase in the taxes on the property. John Donovan, 106 Wilkins St. W., said it appears in this case a license is an adequate remedy. He suggested that if the City believes it to be in the City's best interest to transfer a particular property, it should be appraised and sold. No other comments were received, and the hearing was closed. It was clarified the City cannot sell street right -of -way. Councilmember Gag asked about the terms of a license, whether a future owner of the Mutter property would have the same opportunity to apply for a license for the encroachment. City Attorney Magnuson responded that in previous license agreements, the agreement has been made revocable in the event of the City need for the property in the future, but is transferable to the property owner's heirs and assigns, subject to the possibility of revocation. On a question by Councilmember Cook, Mr. Pogge reviewed the requested easement area and the location of the trail. City Attorney Magnuson reminded the Council that the decision is the Council's to make and is a discretionary decision. Councilmember Roush asked about state statute that requires a public benefit for a street vacation; City Attorney Magnuson stated statute requires a petition by an abutting owner, while case law states there shall be no vacation unless it is in the public interest. On a request by Page 10 of 15 City Council Meeting July 28, 2009 Councilmember Cook, Mr. Magnuson spoke of the possible public benefit of clearing a title and having a property that is more marketable, returning the property to taxable status and providing some permanence /integrity to the dwelling site that will last forever. Councilmember Roush asked about the feasibility of asking the Mutters to request vacating only beneath the footprint of the structure (garage) as a compromise; Mr. Magnuson noted that as proposed, drainage and utility easements would be retained by the City, leaving only the property beneath the garage and within 3" of the structure actually vacated. It was noted that in the RB district there is a 5' setback requirement for garages, so 5' from the garage would be the minimum vacation. After discussion, Mr. Magnuson said staff could present information at the next meeting regarding a possible vacation 5' from the garage foundation. It was decided to reopen the public hearing. Dave Haak, 504 N. Owens, said in talking with the others who had testified against the vacation, they would have no objection to vacating 5' around the foundation of the building. Balers Heeran, City Attorney for the Mutters, said without having had an opportunity to discuss the proposal further, the only other concern would be to adequately buffer the trail from their home. He said the 5' proposal would help vastly with getting the title to the property cleared up, but said he thought the buffering of the trail should also be addressed, perhaps through a license. It was decided to take a short recess (at 9:05 p.m.) so Mr. Heeran could discuss the proposal with the applicant. The meeting was reconvened at 9:12 p.m. Mr. Heeran said the proposal for vacation of 5' as extended from the foundation of the garage would be acceptable to the applicants. He stated there is an existing wood fence near that area and the applicant would suggest some type of license agreement to address that issue, with the agreement to address the existing wood fence and provide for some type of buffering, consistent with City standards or subject to City review, between the trail and the Mutters' home. Mr. Magnuson suggested that staff could prepare a resolution regarding the vacation and a license agreement for consideration at the next meeting. The public hearing was closed. Councilmember Polehna asked if there would be clear parameters established for what would and would not be allowed for a buffer; Mr. Pogge said he would work with the surveyor and have a revised certificate of survey for consideration along with a buffer plan for consideration. Motion by Councilmember Roush, seconded by Councilmember Polehna to direct staff to prepare a resolution for vacation and a municipal license to accommodate the fence. All in favor. Page 11 of 15 City Council Meeting July 28, 2009 Case No. 09 -30. Consider a request from Shannon Bamberv. BWBR Architect, for a Special Use Permit for Lakeview Hospital to add roof too mechanical eauipment and a supplemental electrical generator to the hospital located at 927 Churchill St W. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 Planner Pogge reviewed the request and location of the proposed additional equipment. He noted the new equipment will have minimal visual impact as viewed from Everett Street. He stated the Planning Commission reviewed and recommended approval of the special use permit, with two additional conditions beyond what was recommended by staff — that the rooftop equipment be painted the same colors as the background brick colors and that the applicant present the Council with additional information regarding the noise level of the new rooftop equipment. A representative of BWBR was not present when this discussion opened. Motion by Councilmember Roush, seconded by Councilmember Gag, moved to table the request pending the additional information regarding noise levels. Curt Geisler, president of Lakeview Hospital, asked the Council to consider approving the permit subject to the information regarding noise level being presented to the Council; but that studies he has seen indicate the additional equipment will not increase the noise from the current levels. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag talked about the Planning Commission's recommendation and suggested perhaps the Council could amend the condition related to noise levels to indicate that the applicant must present to City staff findings that there will be no increased noise level from the proposed new rooftop equipment; if staff determines the noise level will be increased, then the request will have to come back before the City Council. Councilmember Roush rescinded his motion to table, as did Councilmember Gag. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -122, resolution approving a Special Use Permit to add a supplemental electrical generator and new rooftop equipment for Lakeview Hospital at 927 West Churchill (Case No. 2009 -30). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 12 of 15 City Council Meeting July 28, 2009 Case No. 09 -32. Consider a request from the City of Stillwater for an amendment to the City Code concerning height variances. whereby all requests to vary a structure height bv more than 10% would reauire approval bv the City Council. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17. 2009. Mr. Pogge reviewed the request. He noted the Planning Commission held a public hearing on the proposal, with no comments received, and recommended that the process not be changed. He stated the Planning Commission believes the current process has worked well in the past and there are avenues to address specific situations in the code that would allow the Council to consider an action. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag spoke of the Planning Commission's recommendation and past experience with dealing with height issues, noting that the existing height restrictions originated with the Planning Commission. He also suggested that there is a good system of checks and balances in place to address situations where the Commission and Council differ. In discussion, it was noted that this amendment was originally prompted by cell tower requests and a suggestion that all requests for structures over 50' come before the Council. Councilmember Roush said he would be in support of the amendment. Councilmember Polehna asked whether the Planning Commission feels the Council isn't in support of that Commission. Councilmember Gag said he felt the Commission's recommendation was more due to the belief that the current process works well and doesn't need to be changed; and he would support the Planning Commission. Councilmember Roush suggested the proposed amendment brings transparency to the process so the occasional very tall tower or structure doesn't fall through the cracks. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the first reading of the ordinance. Councilmember Cook said she wasn't sure the proposed language addresses the original concern, the height of cell towers. Mayor Harycki said he thought this ordinance would come into play very infrequently but does represent another check and balance to the system. After additional discussion, Councilmember Roush withdrew his original motion as did Councilmember Cook. Motion by Councilmember Roush, seconded by Councilmember Cook to table for further consideration at the next meeting. All in favor. Page 13 of 15 City Council Meeting July 28, 2009 Case No. 09 -04. Consider a reauest from Marc Putman. Putman Plannina and Design, for an amendment to the planned unit development for the sign auidelines and sign ordinance for the Villaae Commercial District. Liberty Villaae. located at the southeast corner of County Roads 12 and 15. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 17, 2009 (Motion to table until September 1, 2009) Mayor Harycki opened the public hearing. Motion by Councilmember Cook, seconded by Councilmember Polehna to table this case at the request of the applicant until Sept. 1, 2009. All in favor. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible accepting of bids and awardina contract for 2009 Sidewalk Rehabilitation Contract Public Works Director Sanders reviewed the bids. Two quotes were received with a low bid submitted by Curb Masters of Stillwater at a cost of $28,000. Mayor Harycki noted that generally about $50,000 is budgeted for the sidewalk project, with the engineer's estimate at $32,600, which would leave $27,400 in engineering /staff time. City Administrator Hansen pointed out that in the future the City likely won't do a sidewalk project every year and save up so engineering costs are not such a huge percentage of a project. Mr. Sanders pointed out that the engineer's estimate for construction costs was $32,000; the total amount budgeted was $50,000, but engineering time is estimated at about $11,000. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -123, accepting bid and awarding contract for 2009 Sidewalk Rehabilitation Project (Project 209 -05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna thanked everyone who participated in the Yellow Ribbon contingency during Lumberjack Days day. Page 14 of 15 City Council Meeting July 28, 2009 STAFF REPORTS (continued) Mr. Pogge asked for direction regarding the height amendment issue. It was suggested that Mr. Pogge discuss the issue with Councilmember Roush. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 9:50 p.m. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Resolution 2009 -119, directing payment of bills Resolution 2009 -120, a resolution approving the final plat for Millbrook 3 Addition (Case No. 2009 -26) Resolution 2009 -121, a resolution approving a Planned Unit Development Amendment for Millbrook Resolution 2009 -122, resolution approving a Special Use Permit to add a supplemental electrical generator and new rooftop equipment for Lakeview Hospital at 927 West Churchill (Case No. 2009 -30) Resolution 2009 -123, accepting bid and awarding contract for 2009 Sidewalk Rehabilitation Project (Project 209 -05) Page 15 of 15 JULIE KINK IN APPRECIATION OF OVER 24 YEARS OF DEDICATED, FAITHFUL AND EFFICIENT SERVICE TO THE CITIZENS OF THE CITY OF STILLWATER Cit of S t& watek, jUt innesota Cekfieat o f QAppneciatiot phesented to BY THE STILLWATER CITY COUNCIL AUGUST 18, 2009 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -124 A -1 Maintenance, Inc. A.W.I. Diversified L.L.C. Ace Hardware Adolfson & Peterson Constr. Allied Blacktop Company Ancom Technical Center Animal Humane Society Aramark Uniform Services ASCAP Aspen Mills AT &T Bald Eagle Sportsmen& Assoc. Belle Services Corporation Board of Water Commissioner Boyer Ford Trucks Brock White Co. LLC Bruchu, Brian CARQUEST Auto Parts CCIS -Cross Connection CDW Government, Inc. Chestnut LLC Cities Digital Solutions City of Cottage Grove City of Forest Lake City of Oak Park Heights City of St Paul Park Clarey's Safety Equipment Clark, Luann Coca -Cola Bottling Company Cole Papers Conley, Phyllis County Materials Corporation CPMI Dell Marketing L.P. Delta Dental Plan of Minnesota Fastenal Company Frank Madden & Associates Fred's Tire Company Fuhr Trenching Fury Dodge Chrysler Gasperini, Jennifer GCR Minneapolis Truck Tire Ctr Gimmees Gopher State One Call, Inc. Grainger Property Cleanup Rebuild Stainless Steel Skid General Supplies Stillwater Parking Ramp 2009 Street Seal Coat Program Repair Radio 4/1/09 to 6/30/09 Vet Fees Mats, Mops, Uniforms Music License Fee Uniforms Telephone /Rec Center Range Time for 21 Officers Graffiti Remover Solvents WAC Charges Equipment Repair Supplies Mortar Earpiece for Police Radios Equipment Repair Supplies Test and Report Backflow Preventer Western Digital 750 GB My Book Studio ED Stillwater Parking Stalls Leased Scanning of Personnel Files Lumberjack Days Police Service Lumberjack Days Police Service Law Enforcement Assistance UDays 2009 Lumberjack Police Service Vehicle Repair Supplies Cleaning at City Hall /Public Works Concession Supplies Torkmatic Roll towels Park Deposit Refund Washington Square Inlet Risers and Joint Sealer Stillwater Parking Ramp Dell PowerEdge R610 Dental Cobra Supplies Labor Relations Services Tire Change Sewer Hook up 1024 5th Ave S. Vehicle Repair Charges Refund 4 x 4 Hockey Tires General Supplies Billable Tickets Equipment Repair Supplies 3,952.66 100.00 296.66 612,018.50 104,225.00 122.50 687.75 708.92 311.42 1,097.01 119.95 210.00 487.35 2,574.00 396.06 95.12 108.16 431.67 1,311.80 148.90 120.00 992.10 3,987.45 3,596.23 2,877.48 501.48 74.97 1,057.50 803.70 1,190.35 100.00 376.20 3,605.42 4,943.25 313.80 7.97 73.50 30.88 3,764.70 25.15 100.00 182.76 1,247.74 722.10 127.61 EXHIBIT " A" TO RESOLUTION #2009 -124 Hanson, Connie Hartland Fuel Products, LLC Haussner Plumbing, LLC Hejny Rental Henderson Karen I- State Truck Center Innovation First, Inc. Interstate PowerSysterms Jacobson, Cindy L.T.G.Power Lanoga Corporation Loffler Companies, Inc. LogoStitch, Ltd. Lynn Peavy Company Magnuson Law Firm Mainstream Development Menards Metropolitan Council MN Dept of Labor & Industry MN Historical Society MN Occupational Health Moore, Bridget MTI Distributing National Recreation & Park Assoc. NEXTEL Communications NFPA Office Depot OnSite Sanitation Pidde, Sheila Pioneer Rim and Wheel Co. PROBUILD Quill Corporation Riedell Shoes, Inc. Roseville Midway Ford Rotary Club of Stillwater Rucker, Megan Scoles, Travis Semler, John D. Sentry Systems, Inc. Sherwin Williams Spartan Promotional Group St. Croix Boat & Packet Co. State Treasurer Stillwater Glass Inc. Stillwater Motor Company Stillwater Towing Refund 4 x 4 Hockey Fuel Repair Bathroom Toilet Misc for Night to Unite Park Deposit Refund Pioneer Park Equipment Repair Supplies 4 Post Rack 44U Dell Depth Repair 6109 Gas for New Squad Supplies Payment 1st Half 2009 TIF 1 Copier Maintenance Contracts Jr. Team Jackets Supplies Professional Services Payment 1st Half 2009 TIF #1 Supplies Wastewater Charge Pfreon Conference Registration Drug Testing Park Deposit Refund Lowell Park Kit Blade Pack NPSI Guage and Probe Kit for Playground Cell Phones Brochures & Posters Office Supplies Unit Rental Lumberjack Days Refund 4 x 4 Hockey Equipment Repair Supplies Portland Cement Office Supplies Skates for Resale Vehicle Repair Membership Dues 3rd Qtr 2009 Park Fee Refunded Tow Bill for Melissa Jordan Payment 1st Half 2009 TIF 1 Monitoring Systems Paint Nite to Unite Merchandise Manager State's Share of Seized Property Repair Thermo Pane Clear Tempered Window Vehicle Repair Supplies Tow for Forfieture Page 2 100.00 6,065.02 144.00 168.86 100.00 36.63 1,034.59 10.19 5.00 76.89 6,971.17 1,532.80 700.00 89.40 7,126.83 21,487.44 1,021.59 116,805.59 70.00 270.00 110.00 100.00 195.65 168.00 236.69 820.46 356.33 1,543.29 100.00 55.98 571.14 166.60 181.52 18.83 182.50 20.00 221.81 4,959.28 299.18 9.45 564.84 45,853.32 2,020.95 265.00 109.58 855.78 EXHIBIT " A" TO RESOLUTION #2009 -124 Page 3 Stork Twin City Testing Corporation Sun Newspapers SW /WC Service Cooperatives Swift , Mary T- Mobile T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Tower Asphalt Inc. Tri.ed Distribution, Inc. Uniforms Unlimited, Inc USA Mobility Wireless, Inc. VenTek International, Inc Verizon Wireless Wal Mart Community Washington County Administration Washington County Auditor /Treasurer Washington County Property Records Washington County Public Safety Radio Watson Company, Inc. The West Government Services LIBRARY Ace Hardware Baker & Taylor Baker & Taylor 2 Beaudet, Michelle BWI Dynan, Jennifer G &K Johnson, Alec T. Minnesota Historical Society Office Depot Park Genealogical Books Peterson, Andy Polley, Megan Reliance Electric Motors Rosenthal Cleaning Co. Security Response Services Stillwater Public Library Trent, Sara Walker Display Inc. Washington County Library Xcel Energy 2009 Street Project Publications Retiree Health Insurance Sept 09 View Binders for Budget Cell Phone Asphalt Acetylene 2009 Street Improvement Project Temp Monitor Tazer X26 Pagers Cleaning Card & Loaners CeII Phones General Supplies Pictometry Data County Share of Seized Property Variance & Use July 800 MHz contract Concession Supplies Subscription CLEAR Janitorial Supplies Library Materials Library Materials Event Preparation Children's Books Refund Deposit Rug & Towel Service Event Preparation Microfilmed Newspapers Supplies Periodical Subscription Event Preparation Event Preparation Building Repair Cleaning Services Maintenance Agreement Postage Event Preparation Equipment Technology Support Utilities 1,735.81 643.14 41,016.44 41.26 42.12 2,669.19 30.60 262,623.90 117.48 1,740.61 46.96 260.14 1,265.46 49.10 180.00 4,041.89 528.00 2,733.88 245.96 84.70 14.67 1,249.23 383.67 92.36 37.65 100.00 194.96 21.32 122.50 702.89 25.00 28.42 35.53 69.00 205.00 155.67 3.77 21.32 202.41 37.50 4,951.04 Memo DATE: August 5, 2009 TO: BACKGROUND: RECOMMENDATION: COUNCIL ACTION: Mayor and City Council FROM: Sharon Harrison Finance Director RE: Sewer Adjustment Recently the City received a request from Tom LaPlant from Modernistic to review thier use of water and whether or not this usage enters the sanitary sewer system. (Just a reminder, sewer rates are based on water usage). City Engineer Sanders met with Mr. LaPlant to review how his system works and found that the "boiler system is used as a humidifier for their plant. Water enters the boiler and is discharged as steam to keep their plant at a certain humidity in the winter months . The boiler runs from October to April every year." Also, "they (Modernistic) are required to report their total water usage and discharge to the MPCA 2 times a year which includes the amount that enters the boiler, which is also metered." Mr. LaPlant is requesting that they not be charged for this volume as the water never enters the sanitary sewer system. Staff concurs with Mr. LaPlant's request and staff is recommending that his sanitary sewer bill be reduced by 232,867 (Oct- Dec 2008 usage was 122,454 gallons & Jan- Apr 2009 usage was 110,413 gallons) gallons or $861.62. Also, staff recommends that in the future if Mr. LaPlant (Modernistic) provides meter readings (as reported to the MPCA) for usage in his boiler, his sanitary sewer bill will be reduced accordingly. If Council agrees with Staffs recommendation, Council needs to direct staff to reduce Mr. LaPlant's (Modernistic) sanitary sewer bill by $861.62 for October 2008 to April 2009 and in the future when provided meter readings by Mr. LaPlant (Modernistic) for the boiler, staff is to reduce his sanitary sewer bill accordingly. Alfa NAME OF PERSON MAKING APPLICATION & fY/1 DATES LIQUOR WILL BE SOLD 9 a 4 , ©y . ORGANIZATION OFFICER'S NAME r�+ m «in S r' Gil ORGANIZATION OFF CER'S NAME )a fa 4e in ORGANIZATIT OFFICER'S NAME /YI ;) tfA J4' Try u Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar St —Suite 133 St. Paul, MN 55101 -5133 (651)296 -9519 Fax (651)297 -5259 TTY (651)282 -6555 APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE Location where license will be used. If an outdoor area, describe TYPE OR PRINT INFORMATION NAME OF ORGANIZATION T f /�� / 'DATE RG TAX EXEMPT NUMBER �S ° it i 4(1 �-r7 / 4C a7G / l / eit rJ � g-17. . ! L S �S a / 6 STREET ADDRESS / y � A ` /` CITY STATE ZIP CODE ../,S 4< �. '0a, h o -S.--fit t I I v''�5d. BUSINESS PHONE (" e. // ) I HOME PHONE (65 /) 230. 379s (/mss/) 5/3 9 WS/ TYPE OF ORGANIZATION ❑CLUB ❑CHARITABLEI$RELIGIOUS ❑OTHER NONPROF ADDRESS 6 , &i l/W z 't MAI ADDRESS /, 4D. /2 64. #-S3 ADDRESS ,so v A ./ 5-A r-- f/ A '- Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability in urance? If so, the carrier's nand amount of coverage. (NOTE: Insurance is not mandatory.) •e s f i Q �; r� _ �j-� s is / A e-/ APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS -09079 (6t Memorandum ACTION REQUIRED: j Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 8/13/2009 Re: Transfer of On -sale and Sunday liquor license As required, a public hearing must be held for the transfer of liquor licenses. A liquor license application has been received for the transfer of an On -sale liquor and Sunday license from Stone's Restaurant LLC, DBA: Stone's Restaurant to Stillwater Kitchens, LLC; DBA Kitchen in Stillwater located at located at 324 South Main Street. Approval for the licenses should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control (liquor only). If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution No. 2009- APPROVING TRANSFER OF OWNERSHIP OF THE ON -SALE AND SUNDAY LIQUOR LICENSES APPROVING TRANSFER OF OWNERSHIP OF THE ON -SALE AND SUNDAY LIQUOR LICENSES WHEREAS, an application has been received for a the transfer of a On -sale and Sunday licenses from Stone's Restaurant LLC, DBA: Stone's Restaurant to Stillwater Kitchens, LLC, DBA Kitchen in Stillwater located at located at 324 South Main Street.; and WHEREAS, a public hearing on the transfer of licenses was held on August 18, 2009; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of ownership of the On -Sale and Sunday liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control (liquor only). Adopted by Stillwater City Council this 18 day of August, 2009. Attest: Diane F. Ward, City Clerk Ken Harycki, Mayor v City Council DATE: August 14, 2009 APPLICANT: City of Stillwater REQUEST: Amendment to Zoning Ordinance PUBLIC HEARING: July 13, 2009 - Planning Commission July 28, 2009 - City Council REPORT BY: Bill Turnblad, Community Development Director BACKGROUND CASE NO.: 09 -32 Concern over the potential height of cell towers and wind turbines generated a discussion by the City Council on the height of structures in the City. The discussion occurred over the course of several months and resulted in direction from the Council for the Planning Commission to consider an amendment to the height variance review process. The City Council requested the Planning Commission to hold a public hearing and discuss the following zoning code amendment language: The City Council shall be the final City authority for deciding upon any request for a height variance that would be more than 10% greater than the allowed height. The Planning Commission shall hold a public hearing on such height variance request and make a recommendation to the City Council on whether the variance meets the findings required in Chapter 31, Section 31 -208 (d). The Planning Commission held a public hearing at their July 13, 2009 meeting. They recommended not adopting the proposed amendment language. On July 28, 2009 the City Council had a discussion on the issue. The discussion was tabled for more information including: 1) the maximum heights allowed in all of the City's zoning districts, and 2) what are other ways to address the specific concern over cell tower height and wind turbine height? 1) Current height limits Attached is a table that presents the maximum allowable height in each zoning district. Case 09 -32 August 14, 2009 2) Other options Wind turbines: To make it clear that wind turbines must abide by the height limit in each zoning district, this could be specifically stated in the Zoning Code. Since no such statement currently exists, the additional language would remove any ambiguity. Cell towers: a new ordinance was recently passed that requires all future cell towers to go before the City Council for approval. Previously the Planning Commission was given the authority to make the decision on cell tower locations and heights. This amendment will bring the Council into the height discussion for each new tower proposal. ALTERNATIVES The City Council has several alternatives. A. Approval of First Reading If the attached draft ordinance is found acceptable to the City Council, it could approval its first reading. B. Denial of First Reading If the City Council determines that the option mentioned above would satisfactorily address the height concern, it could direct staff to bring back a new ordinance amendment to that effect. C. Table First Reading If the City Council wished, it could table the matter for more information. attachment: Draft Ordinance Legislative Version Case 09 -32 August 14, 2009 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY REVISING THE GENERAL PROCEDURES FOR HEIGHT VARIANCE REQUESTS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amend. City Code Chapter 31, Section 31 -208 is amended by adding the following: (h) Height variances. The City Council shall be the final City authority for deciding upon any request for a height variance that would be more than 10% greater than the height allowed in this Chapter. The Planning Commission shall hold a public hearing on such height variance request and shall make a recommendation to the City Council on whether the requested variance meets the findings required in Section 31 -208 (d). 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Case 09 -32 August 14, 2009 Sec. 31 -208. Variance. Variances shall require the following: (a) Purpose. The purpose of a variance is to allow variation from the strict application of the terms of this chapter where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property or by reason of exceptional size, shape, topographic conditions or the extraordinary condition of the property; or because of the use or development of lands immediately adjoining the property, the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause undue hardship. (b) General provisions. In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. Nonconforming uses of neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance. (c) Procedure. A public hearing must be held by the planning commission. (d) Findings required. A variance may be granted only when all of the following conditions are found: (1) A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. (2) A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. (3) The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this chapter or the public interest nor adversely affect the comprehensive plan. (e) Recurrent conditions. A variance may not be authorized if the community development director finds that the condition of the property or the intended use of the property for which the variance is sought is so general or recurrent in nature that a general regulation for the condition is required. (f) Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered only on its merits. (h) Height variances. The City Council shall be the final City authority for deciding upon any a be request for a height variance that would more than 10% areater than the heiaht allowed in this Chapter. The Planning Commission shall hold a public hearina on such height variance request and shall make a recommendation to the City Council on whether the requested variance meets the findings required in Section 31 -208 (d). f Stories Height Height + 10% AP Agricultural preservation - Residence 21/2 35 38.5 Ag Strucutures - 50 55 Accessory Structures other than Ag 11/2 20 22 lR lakeshore residential ::':!::I Main Building 21/2 35 38.5 Accessory Building (garages) 1 20 22 CTR Cove traditional residential 2 35 38.5 RA One-family districts ~35 - Main Building 38.5 Accessory Building 111::'::':1:1 TR Traditional residential Main BUilding/Accessory Building 2 1/2 35 38.5 Garages, Accessory Building 1 20 22 CCR Cove cottage residential 2 35 38.5 RB Two-family districts Main Building Accessory Building CR Cottage residential Main Building 2 35 38.5 Accessory Building 1 20 22 TH Townhouse residential 21/2 35 38.5 CTHR Cove townhouse residential 21/2 35 38.5 RCl low density multiple-family residence district - 35 38.5 RCM Medium density multiple-family residence district 3 RCH High density multiple-family residence district 40 44 CA General commercial ...... CBO Central business district CBO Riverside 1.5 20 22 CBO Parkside 2.5 30 33 CBO Historic 3 37 40.7 CBO Bluffside 4 45 49.5 CBO Blufftop 3 35 38.5 VC Village commercial district Principal 2 35 38.5 Accessory 1 20 22 BP-C Business Park Commercial district - 40 44 BP-O Business Park Office district - 40 44 BP-I Business Park Industrial - 40 44 CRO Campus research district 3 40 44 PA Public administrative offices district 2 35 38.5 PWFO Public works facility district - 45 49.5 " cSiillw~~ .......~ ~ , H f~'. R T Ii . L A ([ 0 "M' N N E SOl A . ') CITY COUNCIL DATE: August 13,2009 CASE NO.: 09-31 APPLICANTS: Tony Mutter and Colleen Eddy REQUEST: Street vacation of a portion of Sherburne Street LOCATION: East of 1004 Meadowlark Drive COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential MEETING DATE: August 18, 2009 REVIEWERS: City Administer, City Attorney, Community Dev. Director, City Engineer, and the Stillwater Board of Water Commissioners PREPARED BY: Michel Pogge, City Planner ~ DISCUSSION Tony Mutter and Colleen Eddy, property owners of 1104 Meadowlark St, have requested a vacation for a portion of Sherburne Street along their east property line. At the July 28, 2009 Council meeting the Council indicated that they would approve a vacation under the part of their garage that encroached into the right-of-way and within five feet of the outer wall of the garage. Area" A" on the attached survey is this vacation area as agreed to by the Council on July 28, 2009. No easements will be retained by the city for the area being vacated. The Council needs to make a motion and pass the attached vacation resolution to complete this action. Mutter/Eddy ROW Vacation Request Page 2 " Additionally, the Council directed staff to work with the property owners on developing a buffer plan between their home and the new trail. Staff met with Mr. Mutter and his representatives a number of times since the July 28th meeting. Area B, as shown on the certificate of survey, is an area that City Staff supports a license to buffer the trail between from Mutter/Eddy property. Improvement would be limited to the construction of a 6 foot tall privacy fence along the east edge of the Area B boundary. No landscaping improvements other than turf is to occur in this area without City Council approval. Staff also supports the Mutter and Eddy request to install a new bituminous turnaround within Area C. The layout of the turnaround is shown on the certificate of survey. Finally, staff supports the request to remove the exiting turnaround. In addition to the items staff supports, Mr. Mutter and Mrs. Eddy are requesting two items that City Staff does not support. Based on the comments from the neighboring property owner and individual Councilmember from July 28, staff believes the following buffer requests go beyond the direction from Council. There additional requests include: 1. Installing a 5 foot tall wrought iron fence along the east edge of Area C, excluding Area B which will still be a 6 foot tall privacy fence. (Note: The legal descriptionfor Area C included Area B) 2. Mr. Mutter and Mrs. Eddy would like to have nine Spruce trees planted on City property just east of Area C. The location of these trees are shown on the attached certificate of survey. RECOMMENDATION 1. Approve the attached vacation resolution for Area A without retaining any easement rights. 2. Approve the attached license that allows a 6 foot Area B to permit tall privacy fence along the east edge of the Area B boundary and a turnaround as shown in Area C. The exiting turnaround is to be removed within 30 days of the installation of the new turnaround. 3. Deny the request to install a 5 foot tall wrought iron fence along the east edge of Area C. 4. Deny the request to have nine Spruce trees planted on City property just east of Area C. Attachments: Certificate of Survey dated August 13,2009. ..5#C7RE "'//0/ c AI.> La::, .4 -23-CJ9" \ \~ - ~\ ~~ ~~\~~ ~ \, \ '~~ .\~ ~ ~ ~\ ~ l\ ~ 'i'., \" ~ ...... ~ , - ""~ f\~ \ ~ ~ ~ ~ -:-,'\ \ ';>", ~ ~ '\ . ~ \'\\ ~'" ~" ~ " 'AI '" \"-, ~ ': ~~.:. \S ...., ~<. '-' ~ ~~ ~..:" -::.'^ "'-\ I , ~ \~ ~"" \-;:' , " ,,\~ ',~ 1- '~ " ':S~ N~r- EXT. W. L'~E Or 5//Gi!,:fi't/A!NE . ,~I \c:s> ' ~ :':?-.' .L. / ~~~. ....... '." ~4-1-t('f, ~ I ~/\=- \ ~ --;;r;;' vi ~_ ~ ": / \~ s;;- ~ ~00 ~ -;a',t'k[,"t;. / r- ~4-?-o 00, ./ ,., S Zk,- , - fc ~ - (, I p~!V/lC'if,./HG-) (O~ -- --- ;/5?/-l/lL -r ~ _ --" ----- coo= =.0 C"f' c:: -113: ::0 0 .... Mo -II. _ _ -VI Vl = =::J::J .... .... Cl) Co Co ." ~ Co c-I' - - .... ..... 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Z 0 0 :::l ~ N 0 W iJl ~ m :c :a ell VI - -I - ....., - ~ ." .\ ... - :ri 0 ~ , I '::l - ~ )> .)1 -f m '-.r, ':J' U) :c m m -f o "T1 ~ U) :c m m -f U) RESOLUTION NO. A RESOLUTION VACATING PART OF NORTH SHERBURNE STREET AND SYLVAN A VENUE WHEREAS, a Petition was presented praying for the vacation of part of platted North Sherburne Street and Sylvan Avenue in the City of Stillwater, Minnesota, hereinafter described; and, WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes 9440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 18th day of August, 2009, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City and the abutting owners that the portion of the street be retuned to the tax rolls; and WHEREAS, it appears in the public interest that a portion of the street be vacated since it is no longer needed for public purposes and if returned to the tax rules would improve the tax base of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Milmesota, that the Petition be and the same is hereby granted, that the following Street as platted, be and the same is hereby vacated: All that part of dedicated Sherburne Street and all that part of dedicated Sylvan Avenue, as the same are shown on the recorded plat of Sabin's Addition to the City of Stillwater, Washington County Minnesota, described as follows, to wit: Commencing at the southeasterly corner of Lot 2, Block 14, of said Sabin's Addition to Stillwater; thence North 00 degrees 39 minutes 40 seconds West, assumed bearing, along the easterly line of said Block 14, and also along the westerly line of said Sherburne Street 136.03 feet to the point of beginning of the parcel being described; thence North 65 degrees 50 minutes 14 seconds East 20.63 feet; thence North 24 degrees 09 minutes 46 seconds West 47.44 feet, more or less, to the intersection with a northerly extension of said westerly line of Sherburne Street; thence southerly along said northerly extension and along said westerly line of Sherburne Street 51.73 feet, more or less, to the point of beginning. A copy of a survey depicts the areas as Parcel A on the map attached hereto as Exhibit A. Adopted by affirmative vote of all the members of the City Council of the City of Stillwater this 18th day of August, 2009. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: Diane F . Ward NOTES: CERTIFICA TE OF SURVEY Bearings are assumed. o Indicates 113n4 iron pipe set in place. . Indicates IlIOl1U11l!nt found in place as noted. "R.. Indicates recorded pi at value. "H." Indicates field measured value. Offsets shown to existing structures are meas. to the outside bldg. wall line, unless shown otherwise. Uti I I ttes were not located In thl s survey. .. 8" Indicates possible location of B'+- tall spruce tree to be set on 10' centers as screening foliage. See Sheet 2 of 4 Sheets for proposed parcel "A" description for street vacation. See Sheet 3 of 4 Sheets for proposed parcel "B" description for Ci ty of Sti II water to Mutter I icense parcel. See Sheet 4 of 4 Sheets for proposed Hutter license parcel description. This proposed parcel description includes all of parcel "B" as described on Sheet 3 of 4 Sheets as well as additional portions of Sherburne Street. Ii:> . ~P' .t. i. ~ ~~ 'l^ ..... \, "" ~D~D ~( ~j ~ .-"'./ .~ ; ( f/f;;;:- , " , ,,,' > / 1/ ' ~ 'W/ I> / ' 8. ,\\." . i.- ~ ~ \, \..;. I / ~' k ~ ., ~ '" \~~' \ . ...... \ 1 "" " -'50 \ '1'1 \ \~ ,. \.~ \ \'t~';\ \ .,,", ~ \.:\, I~~:~\ t- \ " ";'i'(' 't , f\ \ \\ ,1~.f \ ... I '" ,rJ' ... N I ~ "D" ... ~ \ '" L/ to; I \ ~ , I 1 II "'- I f89-'?~'.?"" ~ ~ " zW" - '1' \ r \ ~ 1', ", ~ q I ,,' ~ Ii::::'" 1'lil8~ \-s:L (/ of',',. .--J-a.,cl. It ....... \ I I '~') 'v / ~ ~ -I'~ ~ ~<') \ \. ~I >-,. !pv(. .~;/.~:, t; ~ ~ ~ lll:~ ~,';\t...j ~ I _.' 1'- ;;;: ~ ~ . I ~k~ l.t'''~ / I ' \. \) I I .J / / (J. I ~ ~: \ I I ~/ ~ ~ ~ ~ ~ ~ ~ ---! ,.,y t)t ~'8 / : ~ ~ . ~ .~ ~ " Q" / : I ~)I:.,. ~ "~~~,,, 1,1' \1-:' ~\/ .~, I ,~..' I,~ .\Iv ;J i , ~I \ I I' l' (J~" "?J /,' " 'I -, :~;: ~' I /~. /~' ~ ~[^ ..- 1/ ~ I I~ ~ ~ \ ,y", ,..,. '- I / I ~ ' ,.". ~ ,,:). Il I I 7J { ~ ~~ ~ rl' ~ I I I ~ ~ ~ ~ ~ I /" /. ~ ~ ~ ~['~r~ l: !it'~;;~!.1 ~ i,: ~ ~t ~ -,) .:'I;I""")~ ~ \I~ (~{",,~htl'N(iIff "' ~_ ~, ,N'6#.'1'1V '. ~ .'Jw.l"~,.,~ . t:. /I,,'.E c!J: t-.... Al,,~T"JJ of, N~..wR'8t'-:.pN4' ~ "- '. 'r,l,I'f/L," r;. ,'; "'~'." .,,?' ~ /'I'..~() , r hCTtby certify that thi. lurvey. I,tlll. or rt'1'on was prepared by me or under my direct lupcrvisiun anll th.1 I 1m I duly Rcsls\eftd l..ond Su",.ynr under the Ilw.' of II.~.~ 1>... ...~~lJst..13.~..2.o.09.. Ilc"No 13774 SHEET 1 OF 4 SHEETS Clients Naill<': Tony ""tter 1104 Meado~lark Drive Stillwater. MN 55082 Existing Parcel Description: Per Certificate of TItle No. fl7:l!)6. WAl:';h. Cn. ""'f'(!JOflc:;. 1- 1-11.,(,1'; II;"~''''';-' .) 'd I \. t1t."}!tI.f/C~/'If1) ~l~~1 . /1/.1It/f., /;'/'. . (,i'/t> r >/11;./ . 1"'" /10) ')'1'1., __-- " ;"/II,l.' p_ /p'/1 ..:...__; .f/r.I/AI'I?~ /,//r.. .- d ~~, N~'" ~E ft.' ' ~ [!,ojt'. . ___ ~. .-:::'" '.-1') .~-- \) \ 1..1 },,/ ; f{i' -- 't.ID' ~'J'-~\ "'\----'v \,~p~~f . , /,.;0"- \ ,low -\i",/) ... r I t .' "I f ! / OJ. /\. . ,,' ~/---. .... .(' {W" f If; . , 1.. P!t- \ ,."... ZNP ~,.r ~ .......... Otl~/~ .. "':);.~ ,L VI dLP.;. iv.... -'::\ ell . t .c"......y<!"~'q. ~/~ / I , ('7;,-,,) \/ I 1 - ptr."..' t .~l , ..<, 1\ ~ I ) <.' \ ~ I j' /' .r: \~'.~':Y -",t- . \"\"-:f' 8/1 \ .-' " fjp "", I 5 p</, P(,J/ ' .. / '.- LtJ7 / "----- .~ >_8,-r. t'- H(/rr&~ ~ u.er. .~ ~~!.:'.-::: ~~, ~;:;!~~ 0;- ~ LtJ7 .2. Af, ~!/"+',. ;,?,,''''';r'tv /-'7,('.(' A/e.'v/. r I ~J :; .... , '),1, ::'~-' f4Y-d7".l!rW ) c a.~~ ---L..~_ x~~r~~, h' .' ~../ /Y&~.Pt:7,w LAlRK ..?JR/VE ::/;1 (' (/"/V-O'/'C' A' EO ) ,(S ..V'E.5C. r'N <'.;'J',- c::JF 77T.o!,;!' /to //~..?b r.?'E'p. /./VOL/C .:>r: /'1 R "<'>" . CITY OF .>:-7LI',v/?T.c.e; /1..~' .'/"', 7..~<'/ .,./ .Yd, ~I'N4 r't!!~PC'k.r L "-:J~L~' .??r/J..' ,I- H8f'''t77''2/':e.n... .,... Lt) T .3 ';'; II}' ~-:- 'I /.' /I,IV~' c'/' N,<;>",>L. '~;TI /"Nc. ''',I~ f: EXHIBIT A ~I RESOLUTION NO. A RESOLUTION VACATING PART OF NORTH SHERBURNE STREET AND SYL VAN A VENUE WHEREAS, a Petition was presented praying for the vacation of part of platted North Sherburne Street and Sylvan A venue in the City of Stillwater, Minnesota, hereinafter described; and, WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes ~440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 18th day of August, 2009, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City and the abutting owners that the portion of the street be retuned to the tax rolls; and WHEREAS, it appears in the public interest that a portion of the street be vacated since it is no longer needed for public purposes and if returned to the tax rules would improve. the tax base of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be and the same is hereby granted, that the following Street as platted, be and the same is hereby vacated: All that part of dedicated Sherburne Street and all that part of dedicated Sylvan Avenue, as the same are shown on the recorded plat of Sabin's Addition to the City of Stillwater, Washington County Minnesota, described as follows, to wit: Commencing at the southeasterly corner of Lot 2, Block 14, of said Sabin's Addition to Stillwater; thence North 00 degrees 39 minutes 40 seconds West, assumed bearing, along the easterly line of said Block 14, and also along the westerly line of said Sherburne Street 136.03 feet to the point of beginning of the parcel being described; thence North 65 degrees 50 minutes 14 seconds East 20.63 feet; thence North 24 degrees 09 minutes 46 seconds West 47.44 feet, more or less, to the intersection with a northerly extension of said westerly line of Sherburne Street; thence southerly along said northerly extension and along said westerly line of Sherburne Street 51.73 feet, more or less, to the point of beginning. A copy of a survey depicts the areas as Parcel A on the map attached hereto as Exhibit A. Adopted by affirmative vote of all the members of the City Council of the City of Stillwater this 18th day of August, 2009. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: Diane F. Ward NOTES: CERTIFICA TE OF SURVEY Bearings are assumed. o Indicates 113n4 Iron pipe set In place. " Indicates IIOIlUlllent found In place as notp.d. "R.. Indicates recO'l'ded plat value. "H.. Indicates field measured value. Offsets shown to existing structures are meas. to the outside bldg. wall line, unless shown otherwlsI!, Utilities were not located In this survey. "(}," IndIcates possible location of 8'+- tall spruce tree to be set on 1 0' centers as screening foliage. See Sheet 2 of 4 Sheets for proposed parcel "A" description for street vacation. See Sheet 3 of 4 Sheets for proposed parcel "B" description for Ci ty of Sti 11 water to Hutter I icense parcel. See Sheet 4 of 4 Sheets for proposed Hutter license parcel description. This proposed parcel description Includes all of parcel "B" as described on Sheet 3 of 4 Sheets as well liS additional portions of Sherburne Street. 1-" I Il~& , <"..';" "'~I ~ h ~ - ;/1'."'..1. ~)~~ .:o~ ,K. "." i. ~ .. \. 1VfC'ft!{/f/C ,piP) ~'1S~1 i,4.t' '" \..... I '",,,,,pl'. /;.;<-,\ I'" ~ <' . I'M" ...~. :- .l ' / .It' r -'II" . "I"lILt I j " ," ,II / L. (I" '5~'I,. -- .' i ;"/,1":/,' P..'(,lt ..... 1\' r ;"~;r .fIlV'III"?Tf1PI", ." ",' (~r." Ylt, ~ .~, ('/1, ~r ft.' . . ," ,\..\..." I / I:l ~ ~ /W," ..,-- ,~-'-" ~ I -..:. /'0 \. I /../ 6.. '\\. i., ';;'$ ). "I ~. ___ (~"D' \ \~~ I i I~I k ~ ,:,. p':;~\ ~:! \ - - " \'ir~. r " , tip ,fIII.' ; -'\- :::.^ , ; {, ~\ \ \ 511'.,/ . \' ,. Ar/"/lf \<1' I r- 1(';/" . '.... \'~ \\~~\ \ ~,' \ \~"A"''''' ~ '. -,/ ' 11~1 } "n ~"~~ -'\ \ ,'ff/! flqtJ;..-'\. ~ \ I 1"'''- \-- , 1. ( ~,;; /f.' " ,.- :,'1:,;:";'" Y\ t \\ Z"Jj If!:/ _ ~! . ,': \ '" I O.....,./~ ~.---,> ,< V, ,rJ~~ '-i!'ll "'" IY"<J ;./ I I ~" ,011 "' ~ I \ \ ~:;~~" ,_;'1/:.' t '" E./., " f'7',..,n) \ . I I - \ \ I' ~ - 11"''',' r .~I 'f89~"" I~ ~l - 0" I \ ~ IY,~~: --11 ~'~\ \ \ "J}' I ) ,.. " I ~ 1/""... ...')-,/i4'l It "'- \ I I;'... '~") .j... ;j1vt. ~ .~(: ~ ~ t:l \ \ ~I >-.. -------~I.~ ,:,":' I.... .<3 _.' ;- :. '"\ ~: ~ ~ ~\'->-lJ ~{~ ~ I u,,Jf~' "', I . \. .. I I .; I I 0' I '" ;'-\ I ; I I '>\/ --- " ~ ~ ~ ~ I ---! >i ,,+ 1;'8 / ~ ~ ( ~ ,~/~ t. ~\r / : I ~ ".n, ~ ~"I:-"\ I ~ I... !::! or0" ~ " / 1 I ... I '. ,~~ ~ / ' ~I " \ I ,.}i ','" k~' ~\'?l / / I ~ ~I --'-It --'.---,,-- -- :::! ~', ) /~ ~ ;/ I ~/ ~ ~r~ d' .,.,r A'~ ";-.r,, I / , ~ ' I"'" 7. ?J I ~ ~~ ~ ~~. I ~ ~=~ z. I J' ~ ~ ~ \.['~~ ~ . /~' /1 q z ~ ~ ~~ ~ llfl. I ~ II" ~ ~ ! .,' ~ / ~ '.::. ,,' '-l f ~:;ft. ~ .~.- /1:.. " \.. ~; . .:; ,.;.'~: :.', ~;.,-* ~ ~ ~ I . I /'''''''') ~ ~'\I~ ~i~ji~" ,'. I" ~'tt- .';W.l'",'r~. '. L.. / ',".E cV '" "*'-."...0 J, N,.+1' R8/,.-:qNL . , " .... ..,. , I'P' r;. ,., ...~:.. ",.?' ~ /"=Ze;J' thereby ctrdfy thlt ehh luryey. 1,llm. or H'llon wu prepared by nlC or under lilY direct lupervisiun an,,) thlt , am . dull' Rcp.uered "'nd SlI"'CYO' ulld" tho low, of t'~u~ ".Ir....~~IJS.t...1,3.~..Z~09.u Il'KNt> 13774 SHEET 1 OF 4 SHEETS Clients NmllJ': Tony ....tter 11 04 ~lIdOIo I ark Dr Ive St1l1water. MN 55082 Existing Parcel Description: Per Certificate of Title No. f)7:1~6. Wat;h. Cn. J"pf"pnl... /"r~ '~-- LtJ7 I "'--.. - - -\: ."g, 1": (. Hvrr4""tr ~ &,er. CJF 7/TI!E A~, ,_ ~ n___._~ ... ~::r!i'h ~ LOt Af. L/,."y. , ~. M4"Jf.IJrtv ~ -"IR" t' I i 1 :-' ~'V.<' ~"" . . :;,~/ f4Y"0 i"zrw ) /2.<'C ~:.x:~r~~: /.":.' ~-~ Af&'AJ..c9?7.w- LA'Rk ..tJR/VE 'f:r~l,I. (' Ct'N-CJr'EA'ED) "fJ' plEse. /'N <:;"';- ~?"c' ;7;T"~' I"Vc7 //.;(.?.,;' rPE'p. /-VUL/C .5'r. /}R ,.{F.,., ~rr CJr' ..>:r//.I,<-wrL::(~ /?,-,. .""'. 7..~<,,; :..) Jd. ~//V~ _~;.1!"'.~~,'_.L ";~~1!.:.'_ /,::'~/1.-~ ~ H8'''t?T'ZI'~ Lt? r .3 ," '. d/' ~-:- 'I /. /'1"/[ l~r N.'l>..~ .",~, 7'N~ ,"'..r I:. il' ~ . EXHIBIT A ~I MUNICIPAL LICENSE The CITY OF STILL WATER, a Minnesota municipal corporation ("City") hereby grants to MARINES A. MUTTER and COLLEEN J. EDDY, their transferees, heirs and asSIgns ("Licensees"), a License to maintain a boundary of the Public Property (the " Private Improvements") on a portion of publicly owned property in the City, in accordance with and subject to the following terms and conditions: 1. PUBLIC PROPERTY. The "Public Property" is that part of Sherburne Street and Sylvan A venue in the City of Stillwater and depicted on the map attached as Exhibit "A," and described as Parcel B on Exhibit "A-2," and Parcel C on Exhibit "A-3." 2. USE. The Public Property will be used to benefit the home of the Licensees on the adjacent parcel that is legally described as Lots I and 2, Block 14, Sabin's Addition, City of Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota (the "Benefited Property"). 3. PARCEL B. The use allowed by this License is the maintenance of improvements already existing on Parcel B and to erect and maintain a 6 foot high fence along the easterly boundary of the parcel. 4. PARCEL C. A new turnaround may be constructed on Parcel C as depicted on the Exhibit A-3, provided that the portion of bituminous noted as "to be removed" on Exhibit A be removed within 30 days of construction of the new turnaround. 5. LANDSCAPING. No other landscaping improvements other than turf may be installed or maintained on this property without the written approval of the City Council. fence. 6. MAINTENANCE. The Licensees are responsible for all maintenance of the 7. HOLD HARMLESS. In consideration of the issuance of this License, Licensees agree to release and forever discharge the City of Stillwater, its officers, agents and employees from any and all claims or causes of action arising from or occurring on the Public Property, and to defend and indemnify the City from any claim growing out of or occurring on the licensed property. 8. TERMINA TION. This License is non-exclusive and may be terminated by the City for any reason on 180 days written notice. 9. REMOVAL. Upon termination, the Licensees agree to remove the Improvements and any other property from the Public Property promptly and without cost to the City or damage to the Property. 10. ASSESSMENT. If the Improvements or any other property of the Licensees are not removed within 180 days of termination, the City may remove the property and spread the costs as a service charge against Licensees' Benefited Property and certify any unpaid charges for collection with the real estate taxes. 11. RECORDING. This License must be promptly recorded with the Washington County Recorder. IN WITNESS WHEREOF, the City has set its hand and seal this _ day of ,2009. CITY OF STILLWATER By: Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk ACCEPT ANCE IN WITNESS WHEREOF, the Licensees have set their hands in acceptance of the conditions set forth in this License this _ day of ,2009. - 2 - LICENSEES: Marines A. Mutter Colleen J. Eddy STATE OF MINNESOTA) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2009, by Ken Harycki, 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 ,2009, MARINES A. MUTTER and COLLEEN J. EDDY, Licensees. Notary Public - 3 - NOTES: OF SURVEY 8earln;-a;; assumed. o Indicates 113774 lronp.lpe set in place. · IndicateslUllJl!!l!Pt fO!!!!dln place as noted. "R.. Indicates recorded.pla.t value. "III." Indicates field measur.ed value. Offsets sholin toexlstlng str.uctUl"es are Mas. to the outside bldg. wall line. unless' shown otherwise. UtilitIes were not located In this survey. "I])" Indicates possible location of 8'+- tall spruce tree to be set on 10' centers as screening foIl age . See Sheet 2 of 4 Sheets for proposed parcel "A" description for street vacation. See Sheet 3 of 4 Sheets for proposed parcel "8" description for City of Stillwater to "utter I icense parcel. See Sheet 4 of 4 Sheets for proposed Hutter license parcel description. This proposed parcel description Includes all of parcel "B" as described on Sheet 3 of 4 Sheets as well as additional portions of Sherburne. Street. r 1-1/#'& '<,,;,,;,___-::1 ~I ~}.\<j . -. ;tr.f/'" _~) ~ i l;: ~..; ,.t. - ~ .~~~ M~KtI.J'lC.re[f7) ~~J~I p,ll- ~ \. '" " t1F-IItV'/lC'" (.~~~'_ .\ ~.~.r, .' ~ " ~ ~" , (lIor ')yt.'!!!f:-ll/Alf l i:oll/';;:'1f,l~':;; ,j. ,'. ~ / /~~/'~~/r~ ,~: . '" j;;;r./I fi-t'.I9.:J"I7EI! 'I . _,_. ". \,,~ ~ , ;:- ~ )....... l'I'Ic.f7,rE -'"' . .' . -- -. _ ~..--- ~ ~ .. ~ I I <" P'; \\ '"' ~~ \ ,.,,,_- ~:~t ~ ;~;p-: I \'" \ ~~ \ I I t~ ; ~ \,,\ \ -/" '" \-:- J \~ BJi"~'!:::;\ _' - I;~/' ~ " . fe:; - \~~ ,- -\ 'I - 11; IJ .-.-- J l' ~... , ..... . -v. ''- . }'....... \ \ '/.;r:;"" ~'~ "':. \ . -. ;rl'''M \.. \ ,,\r-.\ \ ') '''' .~ \,-..\6 ..At' ,,~? \ ~ A" \.~ \\ \ .. I ! 1\' \ "t II~'!:----\ ..'.' -'.,. ,'I ~~\tl \ -- \ :;;: ~ I '. ~t:..,.. if. \ # /,7 'If - I" ~ ..... . -1 ~..,e \ ~. ~ C~i'.> I / ~""'.t9" ~ ~ I \ \/ I, J ~ \ \ 'r,' \ ~ ~ ;\~' :f;::h~l' \ '\ z5t: I } ~ (/,f'<"" P....."",/: It [J ~ \ I L~r / /~': '~'J 1-~ \ ",-. '---C' -' ~~, ~ .~~~~ : ~ \ II '-...._8,7: ____,.- '_/) ..'-"'//\ .. K- iJ ~"' { - - --' ,I. ,. I ~ <:J , -.---.-. ~t I~ ~ ~: I J.. t / I H~TT;4'~ ~C.4"" ~ :tx ~ I --! ~ ..t ~'8 / ~ ~....\ 'VOl" / U-t'T; O,&" {?TL4 ~b. ::;\ ~ . '~ ,~( , I ~ '-'/ l: ~I ~fi[_ I ~ I ~ ~ '~0"\\ \r-' -r / ' I " I '! :i.",'Ir I.~' l ;J / ~I ~I \ I r ~ I'; k" ~'" / / ... ~ ~ /.':.,: I /4' ~ "i ~r~ , II ~ 1""< ~ ~ \ #4 '''.' . " II / I ~ ~ 81;; L<'r" ;z ~ ~ ':\~, I?- (J ~ ~~~ {, 'i. . ~ ~ ~ ~ LtJ7 2. (p,- ~ ~ ~ ~ ~~ ~ A6. .II,.", -- l~ ~ '") r I~~ . ""...-4'....~ J"-9-C.{' I 'J.j ~.\ ~ ~ ",.. .. 4eJVd" ~ . (O~ !; .' ".. .. '" ~ '1\ ::~' ~ ~ ~ " '-l f.d1. ..or, 'zrw J !l<: ' E /z.<,c -- ,I .. ...,.,....,,)~ ~ ~ ~X:!,P,,-/t?~___. ::;; ,,~NT/;',^,Il' ,.- ,r, """'77>' '. E./.I.v"," 17'" ~ M'AiJ.t:?p.tV" LA7....eK flR/V.c 'f:r~"' ..,";;/"'''''' AI. f-"".<"d(IRIY" ~~ ~,c-rR (' C//.f-O/'cMEb) ~: -- /}.'; .~:-:, __ ,-;0' 'l /IY",Z.tJ. ,{5,?1ESe. PH <:::6.e,- .;; I hercby ccrliCy Ihal Ihi. lurvcy. I'll", 0' 'Cl'Oll ..., \,rcparedby me or under "'y direct lupervi,ion .nd thai C7~ ?7rL.,6"' ~. //-tLJ.5" r "/I.01e ",r 1m I duly Rcp.orcd lAnd Survcyor unde, ,he Ia.., Dr (.t?E~. .l""VUL/C Sr. /,,, R. '<':""" n.'" I ,N. .""~"'" 'RNc' '..'.'" SJ;..ll..' 0 o..'r.. MMiinnnnee.~IO..~'."...... ~ ..~ ..~ J..., ~.. ....... .,.... / ,........ C/TY O~ 5;'7,uw#T.;t:"'K, 1:/4:..16. Z,~<,-?:.,) \ ~N". ~ ,54. ,clty..- /"fUR"""-' L ~":"._??,('/~'f .:1 ~_ . I.," ..,;. r>o,c....~~~~~...I.~.!...2.~9....I(cg.N" 13774 H/If"t7T';O"i!: <I ,"~". .', .,. SHEET 1 OF 4 SHEETS Clients Nalnp.: Tony ~tter 1104 ~ado~lark Orive Stillwater. PIN 55082 Existing Parcel Description: Per Certlflcatn of Title No. CERTIFICA TE 62356. W,,~h. r.n. rf'!"nl'd.. .S/'} .__.,-._-~ I.. .",1 j ~P.~/ ~,JJ/ AI"" ~/ 0;- LtiT .3 EXHIBIT A LEGAL DESCRIPTION PARCEL B AU that part of dedicated Sherburne StrcetandaJl 't~t part ~rtle4icJlted:~yl"art.Averiue~ Cl$the s~'::rreshownQn tberecorded pl~t of SABIN'S ADDJl1Q~'~d fh~"City~fStillwater; 'Wa$l#ngf(JIl CO.llnty, Milmesota, descrJbed as foltows,.to wit; . Commencm.gatthe sqt;Jt.h~astetJy cOmet ofLot:2, Block l4~of~~4,'~~l"Nr$~l)11mz.;q: to Stillwa*er;then.ceNQnb(1Q degrees 39J.nihutes 4()'Sec6nd$'W~st~'8Sstime4i:~. ~~ng'~ easterly line of said Blopkl4,~nd .also nlongthe westedy line' of sa'id'SheAlume(Stre~~ :l~I..Qp< feet (0. thepointofbegimUllg dfthe parcel ~ingdescclbed; . then'Cectirltintifug'N~~'QP(i.e~~ 39ininutesAO-seconds' West,~Jong ~ajd Westerly JineQfSheibume Sft.ee14:$':03l.feeti !ltt1!Q~ N0it1165. degrees 50 minutes 14'~Qd.s E.~t20~(j3 ~t;f~~No?Jlh24,je~~s~~qli~Jt~!lJli set>>ilds West 47.44 feet,> lDore'or less, to the itltefS,~tionwith 1l~(Jtt1'Iet.JY eYteiis.l'oniif,~~ . westerly fine ofSherbumeStree~; thenceNorfl'd)'Q degr~es 3'9 mihb.@40''S'eC6ndiWe:stalong said'~x,teJttied1ine 2.80 feet; IhenceNbrtn.6-5 degrees50 minules 14~ondS';~t;3.83 feet. thence South, 24 degre~09 I'nlnutes46 seconds East 42.3&f~t, )JlQry'():rJ~~Jo. fhefitttezsectlbn "Vitbth.e c~nterUne' of siiid Sherbtirne Street';fhence SoQ.t4 004.egr.~,3'9'tmUiUte.$40;seconds~J '. a,JoIlg&lidce.nter]jileJ4.22 fe~t~jn()teor Jess; 'lothe int~~~c.(i.Qnmth !l:,.un~:whic.1tb.eii(s~Noftfi/~9, <l~s ~;O minutes 20 set:Qlia~'~ast from thepd,~t Qft;,e&ijnifu.gl 'th"(mce"i:S()tit6}8!ld~grees:20 mintit~.20 seconds West 2.tOOfeet7 more'orless,to thepO,.intO:fbe~. . Parcel contains 995 square feet, rnOI~e or Jess. A-2 LEGAL DESCRIPTION PARCEL C AU that part of dedicated. Sherburne Street and all thatp~ o.fde~i~t~d>SYlYan.Aven~, 8$ tbe~.~showtlol1 the recorded p'at ofSABJN'S ADDI:nQN.t9~City,()r:Smtwater~ W~b~Qn COlUlty, Mitmesota. described aslbJlows, to \Vn; . Commencing at the sQuthea,sterlycorner ofLot2. nte)CkM, 'offSiiid:)tVJINt6. AOD.afON to'Stillwater; thellCe:!'ilO!1I):OO de.gtees 39mmu(cs 40set6W'W~~~~~~(~ easlel'ly line of said Block 14; alJditl:Soa'ollg' the westerly finej)fsafd SheiBUqle ~~l;!it ~,$:qwf.e~t. to the, pomt of'beginning oftpeparceJ being d~serlbe.d; ihencec(lJ:itintifi~g:NdtffrOO deg~~~ap minutes40 Seconds West, along said wes(erly. /ijle (lfSn~btm1~ $tt~e.t ~itQ3 .fee!; thence' ~~,~ 65 "de~ 50 inuuJtes.14 seconds .rutst 20.63 feet;tlleQceNQdb'~4;d~~"Q9(mfuli:t~46 ~co.nd$ West 4'7.44 (eet. itiOte or-"less, (0 lheilllersectiQIT'with ~ l~\')"J;th~r~'~~t~lo~~'fstild. '~terly lii1e ofShetbt\nieStfeet; thence Nortb 00 qegrees q:9 .nJ.ID~t~"4()?'$~QtidS'We.st'ii1dtig saitJexteIlded line 2.80 feet~' (henceJ~ht1h65 degrees 50 mftJu.t~ )'4<~n:d$~~ g.:S.&t~t.; thence South 24 degrees O~rtiinntes 46 seconds East'42.J8 f~t,more ~r:~'totheint~'tion with tnecefiterline fir said Sherburne Street;tllenceSouthOQ de~ees'~:~Jllinutes, 10 sec.otidS.Ea~'t along saidcentetline 79.22.reet; Lhcncc Soulh 32 d~grees 40U1inut~"s.4~~,c"tlOds Wesf:4SA9 ft;e!~ :moreorfeSs. to the pollilofbc~ing. Parcel contains2595 :squate feet" more or less. A-3 MUNICIPAL LICENSE The CITY OF STILL WATER, a Minnesota municipal corporation ("City") hereby grants to MARINES A. MUTTER and COLLEEN J. EDDY, their transferees, heirs and assIgns ("Licensees"), a License to maintain a boundary of the Public Property (the " Private Improvements") on a portion of publicly owned property in the City, in accordance with and subject to the following terms and conditions: 1. PUBLIC PROPERTY. The "Public Property" is that part of Sherburne Street and Sylvan Avenue in the City of Stillwater and depicted on the map attached as Exhibit "A," and described as Parcel B on Exhibit "A-2," and Parcel C on Exhibit "A-3." 2. USE. The Public Property will be used to benefit the home of the Licensees on the adjacent parcel that is legally described as Lots 1 and 2, Block 14, Sabin's Addition, City of Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota (the "Benefited Property"). 3. PARCEL B. The use allowed by this License is the maintenance of improvements already existing on Parcel B and to erect and maintain a 6 foot high fence along the easterly boundary of the parcel. 4. PARCEL C. A new turnaround may be constructed on Parcel C as depicted on the Exhibit A-3, provided that the portion of bituminous noted as "to be removed" on Exhibit A be removed within 30 days of construction of the new turnaround. 5. LANDSCAPING. No other landscaping improvements other than turf may be installed or maintained on this property without the written approval of the City Council. 6. MAINTENANCE. The Licensees are responsible for all maintenance of the fence. 7. HOLD HARMLESS. In consideration of the issuance of this License, Licensees agree to release and forever discharge the City of Stillwater, its officers, agents and employees from any and all claims or causes of action arising from or occurring on the Public Property, and to defend and indemnify the City from any claim growing out of or occurring on the licensed property. 8. TERMINATION. This License is non-exclusive and may be terminated by the City for any reason on 180 days written notice. 9. REMOVAL. Upon termination, the Licensees agree to remove the Improvements and any other property from the Public Property promptly and without cost to the City or damage to the Property. 10. ASSESSMENT. If the Improvements or any other property of the Licensees are not removed within 180 days of termination, the City may remove the property and spread the costs as a service charge against Licensees' Benefited Property and certify any unpaid charges for collection with the real estate taxes. 11. RECORDING. This License must be promptly recorded with the Washington County Recorder. IN WITNESS WHEREOF, the City has set its hand and seal this _ day of ,2009. CITY OF STILLWATER By: Ken Harycki, Its Mayor ATTEST: Diane F . Ward, Its City Clerk ACCEPTANCE IN WITNESS WHEREOF, the Licensees ha ve set their hand s in acceptance of the conditions set forth in this License this _ day of ,2009. -2- LICENSEES: Marines A. Mutter Colleen J. Eddy STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2009, by Ken Harycki, 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 ,2009, MARINES A. MUTTER and COLLEEN J. EDDY, Licensees. Notary Public - 3 - NOTES: OF SURVEY Bearings are assumed. o Indicates 113n4 il"Ol\ pipe set in place. . Indicates lIOIl..nt found In place as noted. "R." Indicates recorded plat value. ""'." Indicates field measured value. Offsets shown to existing structures are men. to the outside bldg. wall line, unless' sholln otherwise. Uti lltles were not located In this survey, "&" Indicates possible location of 8' +- ta 11 spruce tree to be set on '0' centers as screening foliage. See Sheet 2 of 4 Sheets for proposed .parcel "A" description for street vacation. See Sheet 3 of 4 Sheets for proposed parcel "8" description for Ci ty of Sti 11 water to Hutter I icense parcel. See Sheet 4 of 4 Sheets for proposed "'utter license parcel description. this proposed parcel description includes all of parcel "8" as described on Sheet 3 of 4 Sheets as well as additional portions of Sherburne Street. I~ I II~E _,.,vA';-' , '~I ~ h /.-: _ ,,,.'1,, ..)~~ .' ~ . II> (,. i.. ~ ~'\ \. Nf'*,evPC ,,,,/(1) ~~UI ...,/ ... ~,'" / ' ..,vp/J /!'~'" ~"r'o " ." . /1F.,. "'~. ~ ~ " o /tlt'f 0/11,.1 . """1'1//01 j " / l~ /' /' '5~'I. -- , .' /,,vro.. p. .'f'/' ,"-; r\ /r-- ;'-,'- :rIlV'A!"?f (1//1"., . ., / .. (H'.. vI;. I.. ~~_ NI-r~rfi' 0 , . \,,1_." I 1./ Il~ l!. [1/'11'. . _.- ~ .;.--- ~! ' ":' -",' 101 ,..I ,. a. - \\" i. ~ \ \-<' ,.,1 J"g1! / ,.'t'D' \~: I! ~' ~ ~ -"'~:~7'\'.f. 1\ Vtr.'- -t.Vo'f JII ,,,' \ _ ._-\~y:.;;" .. ",. ,~~ I 11'.P!-' -:: \';::,,:r.!NM ~ \~ ''',l J \ ~,J/' o.,\; \,~ ,,\ \ ,~,' -\,," ~p'~ ~ '1, ~\ \ ...> 04- _\ II, '0',,\ I 1\"'\ \0- f ( ;,; '/I' if./ \ .,_ ;_ ,...~,.,;' '~ , f\ ~ \\ z..... /'/ -.,..~ .'is 7 \ ~ ' , ~Z:Jl!" "-fCJ,f(. .V' 'I'" ... ~ 1 "",.....€~N..". ~_ ;/ ,I ~ "8" " ~ 1 \ ~ rn-".) \1 ':' , , II \ 'Ii- ~ ~ ::':~-' ;\).~ :~;:'~T ~\~\ \ \ xf \ ~ i/".<.., ...;....."'l It ~~ \ I I /' '~') .~ LtJT / / . ~ I r(/ ~ ~"l \ \. ~I>- .' (#:: ~ ;/ ~ ~ tj~ ~ ~ '.., ~ I .~ !'. ';\, I --' I ...\... '''~ J ~~~ ! t,^,~ / '~" I ,~; f . ) , I J ~ I I (,~1 ~ i'!\l '11 '>\.. ,,~ ~ ~ ~', ---r ,J l ~'8 / I ~ ~ . ~ ,~~ k: \~'V / : ~l ! ~ : ~ ~ ll'/~'\ ~/ ~/ :, \ I,,}~ ''1''1 ~~.'/i\\ / ,/ . ~ ~I I' I '?l ,.. ~ '^ -"-j-i.., --q-"...._--- -'I':.:; - I I)/~~ ;/ I~ ~ ~l~- ..r A't'! ,.,..,. . , I / I ~ l( "n 7. ~ I ~ ~~ ~ ;\:p. ~ ' I I ~ ~ ~ ~ 2. ~ ' I J" ~ ~ ~ \.[.'-\ ~ ~ Ar. L/..~ " I ~ \ .' I I ~ l;S I.) ~ ~-: M~'''/I''''V /4,(',(' < I)J j I ~I / IlJ I \,) ~" ~ Ifi~ ~ 4e.'v~ :;,~';- :"!I . /,. / ~ ~ ..' ~-.:J tr~.()."Z1"W) I. .".....~:;/),A.;.~;':~:.,..I" \.. r -L."~' EXCEPT'/t?N- /oU.:' \' ',! ..;/;;;~~:;:)~.~ ~ ~~ \I~ /.1'" ,_' t~~'':-'-~'^''' "" ~_ /Y':;;;W - ;;;;.; .//R/;;' 1~/;: ~:>4;'":'''' , . N~;~;~'~ "-!:: ~.e-rN' /" '<l /"~ ,...... . ( t/N-O'.c^'ED) ./~~.; '.f.);.~... .e;,:J' ~ ~'" Lor.3 ;fs ~4:.SL~. ~....v c:;;",f''- I;,; I hC'l'cb)' cerrif)' that Ibi. .ur~y. 1'1.... or n'l'ulFl wu pre-pared by me or under m)' dil'Cd lupcrvision anlllhu c:7,t:' fiTL:~' A0 //~iTb l;' ~';,...". ,or I.m . duly Resl"tflftd lAnd SuIY"Yo, ulld<< th. I.w. or 6~~::::;;:;r;{::~C,~~,:~>:'J ;\' N. </'~"';'"N''' 1.1.~..~. J'd. ~<N4 J~!'~"..L'-"!""L'.:. ,;:::r/", ,t. ~-c.-or ,:. f).....,,~~~.s.t...l.3.~...2O'O'~...'{...N" 13774 HIIY"r::Jr'Z/'X "1 ~...". . SHEET 1 OF 4 SHEETS Clients Nnlll<': T ooy I\Itter 11 04 Pleado~ I ark Or I ve Still wat!!r. "'" 55082 Existing Parc!!1 Description: Per Cp.rtlficatp of Title No. CERTIFICA TE fl7~~6. WA<:h. en. ,'pnWd<:. ,:.!') . ::i__ "'--- -'\': .'_8,r. t', Hvrr&~ ~&'4"" U.e7: CJ,t:' 77T~~ Af.l, ~;:.!~~. ~ Lor EXHIBIT A " / City Council DATE: August 14,2009 RE: Parking Equipment Bid Proposals MEETING DATE: August 18, 2009 PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND A request for proposals to install parking equipment in the ramp and the two downtown pay lots was published in the construction bulletin and local newspapers. In addition the City solicited proposals from two local companies that were suggested by the parking ramp design team. Two companies submitted proposals: Don Harstad Company and Amano McGann. The Downtown Parking Commission heard presentations by both of the bidding companies on July 1, 2009. On July 16th the Commission hosted a second discussion with Amano McGann. RECOMMENDATION The Parking Commission recommends that the City Council award a contract to Amano McGann for the following equipment package: 1. Parking Ramp A. Equipment 1. Four gates (entrance and exit on 2nd Street and on 3rd Street) 2. Two pay stations (one at each exit gate) 3. Two card readers for permit parking (one at each exit gate) 4. Two "full" signs (one at each entrance) 5. Two intercom stations 6. Real time credit card processing server 7. Training for staff B. Price 1. Equipment, installation and training = $88,995. 2. The cost would be paid from the parking revenue fund. II. Downtown Pay Lots A. Equipment 1. Two multi-space meters including credit card readers , \ Parking Equipment Bids Page 2 B. Price 1. 2. Equipment, installation and training = $29,995. The cost would be paid from the parking revenue fund. FINANCIAL CONSIDERATIONS The attached table shows the projected revenue and costs associated with the parking ramp. It shows the three revenue streams that will be generated by the ramp. They are hourly parking sales, monthly permit sales, and event parking sales. A conservative projection of total annual revenue from the ramp is $97,288. The total annualized cost of operation and maintenance for the ramp is $87,6301. As mentioned, one of the three revenue streams is from hourly parking fees. A conservative estimate of hourly parking revenue to be generated by the ramp is $26,640 per year. Since the bid received for the hourly parking equipment in the ramp is $88,995, the cost of the equipment would be covered in three years and four months. The equipment manufacturer states that the useful life of the equipment is seven to ten years. However, the equipment manufacturer's local installation and service company usually experiences considerably longer useful life out of the equipment than ten years. For example, the machines in the downtown Stillwater pay lots are 15 years old now. Therefore, the purchase of the parking equipment would be cost effective. If the City Council concurs with the Parking Commission recommendation, staff could bring a contract back to the next City Council meeting for approval. Attachment: Table of estimated revenue bt 1 The annualized cost figure comes from our national parking ramp consultant. Staff believes these numbers are considerably higher than will be necessary given the parameters of the City's parking system. However, until the City has operating experience, these annualized figures will be used. . Stillwater Parking Ramp Estimated total annual revenue Total annual parking ramp revenue Permit revenue expected Event revenue expected Hourly revenue expected Total projected revenue $13,560.00 Assume 11 new permit customers $57,088.00 Lumberjack Days, July 4th, summer weekends $26,640.00 Conservative estimate $97,288.00 Cost of hourly revenue control equipment is $88/995/ which would be covered in 3 years 4 months based on the $26/640 annual revenue from hourly sales. Based on experience in the Twin Cities, the equipment is expected to last more than 10 years. The assumptions behind the three revenue streams have been reviewed by a national parking ramp consultant and by a local company that services parking ramps. Both groups find the assumptions reasonable. Our consultants suggest that the City should plan on $345/space/year for operations costs/ equipment costs/ as well as short and long term maintenance costs. That equals $87/630 per year. However, staff believes these numbers are considerably higher than will be necessary given the parameters of our parking system. As the City gains operating experience with the ramp, actual operation and maintenance figures will be available. 7/24/2009 STATE OF MINNESOTA CITY OF STILL WATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Application of Scott Junker Case No. SUB 09-24 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened the Hearing on July 28, 2009 at the Council Chambers in City Hall on the Application of Scott Junker ("Applicant") for a split approval for the property located at 1001 North 4th Street in the City (the "Property"). At the Hearing, the City Council considered the report of Bill Turnblad, the City Community Development Director, testimony and exhibits submitted by the Applicant, the Staff reports and records of the Planning Commission, maps of the Property, submittals and argument from the Applicant, and the Planning file prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. That the Property was subdivided and built upon more than 40 years ago and has been combined on one tax parcel number. 2. That the parcel has been used as green space and yard area for the parcel on which the home at 1001 North 4th Street is located. 3. That if the requested split were approved, it would allow creation of a parcel that is not buildable, since the parcel to the east has no frontage on an improved public road and has steep slopes that cannot be built upon because of the rules of the City Zoning Ordinance that prohibit building on steep slopes. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the Applicant's property must remain combined so as not to create a non- buildable parcel. ORDER IT IS HEREBY ORDERED 1. That the application for a lot split is denied. 2. That the findings above set forth are adopted. Adopted by unanimous vote of the City Council this day of ,2009. CITY OF STILL WATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk - 2 - CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING FINDING OF FACT, CONCLUSIONS AND ORDER RELATED TO THE APPROVAL OF A SPECIAL USE PERMIT TO REPLACE A 60-FOOT TALL LIGHT POLE WITH A NEW 100-FOOT TALL MUL TI-PURPOSE TOWER WITH LIGHTS AND WIRELESS COMMUNICATION ANTENNAS WITH NECESSARY GROUND APPURTENANCES LOCATED AT 1900 MYRTLE ST W FOR T-MOBILE AND AT&T CASE NO. 2009-14 WHEREAS, based upon direction given by the City Council, the attached drafted Findings of Fact, Conclusions of Law and Order in support of the decision to approve a special use permit request from Steve Carlson for T-Mobile and Ken Nielson for AT&T to replace a 60-foot tall light pole with a new 100-foot tall multi-purpose tower with necessary ground appurtenances at the Jaycee Field located at 1900 Myrtle St W in the RB, Two Family residential District; and WHEREAS, the City Council has given full consideration to all the evidence presented and due consideration, resolved as follows: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to approve the special use permit to replace a 60-foot taIllight pole with a new 100-foot tall multi-purpose tower with necessary ground appurtenances at the Jaycee Field located at 1900 Myrtle St W in the RB, Two Family residential District, are hereby accepted and adopted. Adopted by the City Council on the 18th day of August 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA CITY OF STILL WATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL --------------------------------------------------------------------------------------------------------------------- In Re: An appeal by Daniel Smith ofKLBB Radio and Endurance Broadcasting of Approval of a Special Use Permit for a 100- foot Telecommunication Tower for T-Mobile and AT&T FINDINGS OF FACT. CONCLUSIONS. AND ORDER Case Number 2009-14 --------------------------------------------------------------------------------------------------------------------- The City Council convened the Hearing at approximately 7:00 p.m. on July 28,2009 at the Council Chambers in City Hall on the application from Steve Carlson for T -Mobile and Ken Nielson for AT&T ("Applicants") for a special use permit to replace a 60-foot tall light pole with a new 100-foot tall multi-purpose tower with necessary ground appurtenances on the Jaycee Field located at 1900 Myrtle St W ("Request"). The matter was before the Council on an appeal filed and perfected by Mr. Daniel Smith ofKLBB Radio and Endurance Broadcast ("Appellant") of a Planning Commission decision approving the request for a Special Use Permit made at the conclusion ofthe Public Hearing held by the Planning Commission on June 8, 2009. At the Gearing, the City Council considered the report of Michel Pogge, City Planner; the report by consulting RF Engineer for the City of Stillwater Garrett Lysiak of Owl Engineering; testimony and exhibits submitted by the Applicant; a letter submitted by the Appellant; the Staff Report and Minutes of the Planning Commission; maps; and the Planning file prepared by City Staff for the Request, which include the documents referenced on Exhibit "A". NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This site is located at 1900 Myrtle Street W and is legally described in Exhibit "B". 2. The Applicants made a Request for consideration of a Special Use Permit pursuant to Section 31-512 Subd 3 ofthe Stillwater City Code to allow for the replacement of a 60-foot tall light pole with a new 100-foot tall multi-purpose tower with necessary ground appurtenances on the Jaycee Field located at 1900 Myrtle St W. 3. The City retained the services of Garrett Lysiak of Owl Engineering to assist in the technical review of the Request. 4. After review by Mr. Lysiak and City Staff the application was found to have met the technical requirements of Section 31-207 and Section 31-512 of the Stillwater City Code related to the issuance of a special use permit for a new telecommunication tower. 5. On May 11, 2009, the Stillwater City Planning Commission held a public hearing and reviewed this request. At that meeting the Stillwater City Planning Commission voted 7-1 to table action on the request until their June 8, 2009 meeting in order to gather additional information on the request and allow time of the Applicants and Appellant to review the possibility of co-locating the proposed T -Mobile and AT&T antennas on a single tower with KLBB Radio that is located south of the Jaycee Field site at 114 Brick Street in the City of Stillwater. 5. Based upon the findings and the record, the use and structure will not constitute a nuisance or be detrimental to the public welfare ofthe community. ORDER IT IS HEREBY ORDERED 1. The special use permit is hereby approved subject to the following conditions: a. All revisions to the approved permit shall be reviewed and approved by the Community Development Director. b. No signage is allowed, except for required regulatory warning signs. The applicant shall submit all required regulatory warning signs for review and approval by the Community Development Director prior to installation. c. The entire tower shall be painted grayish-blue tone in order to blend with the skyline. The tower shall be periodically painted in order to maintain the correct color. The determination on when the tower shall be repainted will be made by the City of Stillwater Community Development Director. T-Mobile, or the current owner, shall repaint the tower within 90 days after receiving notice by the City. d. The fence shall be no taller than six feet in height. e. When technically feasible, the tower owner shall permit the collocation of other antennas as a condition of approval. f. The equipment cabinets and building shall be earth tone colors. The determination on when the cabinets or building shall be repainted will be made by the City of Stillwater Community Development Director. T- Mobile, AT&T, or the current tower owner, shall repaint the cabinets and! or building within 90 days after receiving notice by the City. g. The applicants shall use a monopole tower with all antennas mounted inside of the pole of the tower. Final plans shall submitted by the applicant for review and approval by the City Planner prior to the issuance of a building permit. h. The maximum height of the tower shall be 100 feet. Adopted by the City Council this 18th day of August 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit "B" That part of the Southwest Quarter of the Northeast Quarter and tbe Northwe~t Quarter of the Soulhea.~l Quarter, Section 29, Town!lhip 30 North, Range 20 West, Washington County, Minnesota de~cribed a~ follows: Commencing at a 1 Vz inch iron pipe marking the intersection of the east-west, and north- south quarter lines through said secti<.>n; thence north along said north-south quarter line 526.75 feet to a I inch iron pipe and the poinL of beginning; the1lce South 88 degrees 20 minutes Eac;t a distance of 260.00 feeL LO a 1 inch iron pipe; thence South 10 degrees 07 minutes Ea.~ to the northerly right-or-way line of County State Aid Highway 12; thence ea!;tcrly along said northerly line to the west line of the plat of MYRTLEWOOD; thence northerJy along said we~t line to the northwest comer of ~id plat, also being a point on the south Hfie of ~ Southwest Quarter of the Northeast Quarter;" thence easterly along ~aid south line to the weJt ,line ~)f the plat at' RE-ARRANOEMENT OF RADLE'S SUNNYSLOPE ADDITION; thence northerly along said west line and along the west line Of HOHLT'S ADDITION t.o the ilolltherly right-of-way Hne or Meadowlark Drive as platted und dedicated on the plat of CASTLE HlLLS~ thence northwesLerly alotl8 said southerly line to the north line of !Said Southwest Quarter of the Northea~t Quro1er; thence westerly along said north line to the cast line of the west 225 feet of said Southwest Quarter of the Northea.~t QUalter; thence $outherly along said east line to the south Hoe of the north 725 feet of said Suulhwest Quarter of the Northea.~t Quarter, thence westerly along said south line lO the west line of said SouthWe!;l Quarter of the Northea.~t Quarrer; thence s~)Ulherly along said west line to the point of beginning; ( I <.S1~~~~ ...~_. ~, iHE 8iATHPLACf: or MiNNESOrA J City Council DATE: August 13, 2009 CASE NO.: 09-26 REQUEST: Millbrook 3rd Addition Final Plat - Development Agreement APPLICANT: Joe Jabonski, u.s. Homes Corporation LOCATION: State Highway 96 west of South Twin Lake MEETING DATE: August 18, 2009 REVIEWED BY: Community Development Director PREPARED BY: Michel Pogge, City Planner Mf BACKGROUND The City Council approved Millbrook 3rd Addition Final Plat at their July 29, 2009 meeting. Attached is the development agreement related to this plat. All fees for this plat, which is the final plat within Phase I of the development, were paid in full with the first plat in the Phase I of the Millbrook development. The attached development agreement requires US Homes to remove all material stock piles on the active park sites and establish the final grade on the park sites no later than March 31, 2009. Currently US Homes is required to establish the turf on the park sites before the City will accept the active park sites within the development. US Homes and City Staff are still exploring the possibly of having US Home pay to have an irrigation system installed in the active parks at Millbrook and then have City Staff establish the turf for the parks. If it is determined to be feasible by both parties this can be the subject of a future development agreement. RECOMMENDATION Approve the attached amendment to the Millbrook development agreement. cc: Joe Jablonski ) , DRAFT: 08/15/09 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF STILLWATER AND us. HOME CORPORATION FOR MILLBROOK 3RD ADDITION Pursuant to the Master Development Agreement Dated March 13, 2007 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 I ADDENDUM FOR MILLBROOK 3RD ADDITION TO DEVELOPMENT AGREEMENT FOR MILLBROOK Originally Dated March 13, 2007 This Agreement made this _ day of , 2009 between the City of Stillwater, a political subdivision of the State of Minnesota ("City") and U.S. Home Corporation, a Delaware corporation ("U.S. Homes") (the "Developer"). 1. INTRODUCTION. On March 13, 2007, U.S. Homes and the City executed a Master Development Agreement ("Master Development Agreement") for the development of Millbrook, a residential community. The purpose of this Addendum is to facilitate the build-out of Millbrook 3rd Addition, and the installation of public improvements needed to serve this phase of the development. A description of this phase (the "Project") is attached hereto as Exhibit A. 2. SAVING. The Master Development Agreement will remain in force and effect except as expressly modified in this Addendum and for the purposes of this Addendum is restated as if set forth verbatim. 3. PUBLIC IMPROVEMENTS. The City is willing to allow the Developer to connect to the public improvements installed for Phase I as described in Section 4 of the Master Development Agreement. Further, Developer must remove all soil stock piles from active parks sites within Phase I, and establish a final grade for the parks on or before March 3 I, 20 I O. 4. SECURITY. Security for the costs of the Public Improvements for the Project described by the Master Development Agreement is not required since the Developer has paid all Trunk Area Charges and the costs of the Public Improvements as part of the costs of Phase 1. 5. CONDITIONS OF APPROVAL. The conditions of approval for the final plat of the property, as set forth in Resolution No. 2007-92 enacted by the City Council on April 17, 2007, must be satisfied for the property as well as any applicable conditions imposed on the preliminary plat and Planned Unit Development permit set forth in City Resolution No. 2007-93 Resolution No. 2007-94 enacted by the City on April 17, 2007, and conditions of approval enacted for the 3rd Addition by Resolution No. , enacted by the City Council on ,2009. 6. MARKERS. Developer must install markers locating and identifying all natural, open space and parkland areas at each and every property comer where ever adjoining private lots meet these areas, to the criteria set forth by the City Engineer. \ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this _ day of , 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk DEVELOPER: U.S. HOME CORPORATION, a Delaware corporation By Its: 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 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 - 2 - STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of 2009, by , the authorized agent for U.S. Home Corporation, a Delaware corporation, the Developer. Notary Public - 3 - , duly , ~~o ./ z o l--4 ~ l--4 Q Q ~ ~ C'i') ~ o o ~ ~ ~ ~ l--4 ~ . t I 1 !" 1~ ,i J f H tl U 51 H Ii l- Ii 1< at ! U~ ! ~1 5 } ~ h J Ii f J I li ~ , I = ~ I J I I f -II J J . · 1 II f it .j J il! It ! s' IP II Ii I if ~I 2 ~I ~I ~ Ii ~f " l' 8 ~ ~t .'4QO.\iQ-"'l,1A -...., I '" " . , () () ~! IX 4. H.! ("J . . ] " f I i i t I II i i 1 j " t I I 1 j I [ I! I ' !~ J I i ~f : i 1 I'i i~ ~ ~ ! I .1 So ,Ii :j I ~'I Ii J I I J' J i I IJ J~ I I I~ I i! i ! I! ! Iii it )1 Ii Ii J J it j J III f I Ix! h~ti IJI" rllU 1 1'1 lht"t ',:I,h It I If I fnl~l - -Ifit. 111;Hit ! li1P! ~ J'l'll it , " I "j · .. 1 li]l. ~ h II flU . .It I . i J 1 1 j .1 J] J.. i .... 11 }i J '4 ~ ~ I J I ~ 1 J .It 1'1 I~ ..) .1'. )1 I) 1. H I < I'J ~ I H I ~! II 1 ~e J J t;S ~> EXHilBIT A / ). O( / 5~ ~ ---....-- lItl r-, ~!ill ,~ ; blei -~---- ;~II . '<'.j, ,. I ~ J I ~ Ii Lw__ ~'! l:~ ..- () l ~~ I IJ. (D -' ~ ., I .;; i ! i ._ ..:1 :t I _ J ~ h. "I hI 1 ~ ffI -.I ~ fl1 -, · 1t 1 i 1.t I 1! ;;j !11~ I I tJ I If ..J.. :! J 1!1. j fl! IIt1 I ltJ J~'I ,. iU.. iU ~fll ~llfl J tH J, .1, . . +- J 'I! I I t" " ~- i ftllt j. d;J. gB !ldt - . ~ ~ III nl ~ I 1 .. t III t5 .- If ;!; II Iii II :5 !i ~ w dl a:: ! ~ ~~ }f 'I @ ~~ ~i h \.... .../ Stillwater Public Library 224 N. Third St. Stillwater MN 55082 651.275.4338 www.stillwaterlibrarv .or!! Memo To: Mayor and City Council From: Lynne Bertalmio, Library Director Re: Release of 2009 Capital Part II August 10, 2009 At its meeting on July 14,2009, the Board of Trustees passed a resolution requesting that the City Council release funds for the following item from our 2009 capital budget. Building Monitoring Improvement $1,600 In recent months, the library has been the target of a number of minor vandalisms and thefts. A computer, two bicycles, and a number ofDVDs have been stolen. There have been attempts to plug plumbing fixtures. Stacks of paper towels have been dropped from the terrace. Vending machine supplies have been destroyed and wasted. We have also had an epidemic of spitting. The costs of cleaning up after these events and of replacing equipment and materials are mounting. In some instances, notably the theft of a bike, our security cameras have been instrumental in identifying the perpetrators or alerting staff members to situations so that they could nip them in the bud. Unfortunately, there are a number of areas that are not under surveillance by cameras. We would like to add a camera in a blind location in 2009. Another camera is at the top of our capital list for 2010. GREATER STILL'VATER CHAMBER OF COl\Il\lERCE 106 Main Street South, Stilhvater,MN 55082 Phone: 651-439-4001 .. www.ilovestilhvater.com August 13,2009 Dear Stillwater City Council and Administration, The Greater Stillwater Chamber requests the following amendments to the St. Croix HarvestFest & Giant Pumpkin Weigh-Off special event application submitted May 29, 2009, and previously approved the Stillwater City Council: 1. Permit to Consume The Chamber and its Festival planning committee would like to add a chili cook-off and beer tasting to benefit Valley Outreach from Noon to 6 p.m. Guests would purchase wristbands for either chili or chili and beer tasting. Beer tasting wristbands would include a souvenir cup. Beer tasters would receive one free 3-4 oz. sample of each beer available, if desired. Additional beer would NOT be available for sale. Non-alcoholic options would also be available. Chili and beer tasting "stations" would be set-up at 4 to 6 stations throughout Downtown, so that guests are able to circulate, visit businesses and attend various activities throughout the event. 2. Use of Parking Lot The committee is planning a children's pedal tractor pull, which requires use of additional hard surface, and requests use ofthe lot east of the Water Street Inn to host this activity. Thank you for your consideration. If you have questions, please feel free to contact the Chamber Office at 651-439-4001. Sincerely, Jennifer Severson Executive Director , M~Y-29-2009 10:57~ FROM:GRE~TER STILLW~TER C (651)439-4035 TO: 6514308809 P.11"4 0' .,..,till~1!e~" ~....~ " ,. r t . I" '. . ~', A' alII"":' I :. J 21.6 North 4th Street Stillwater, MN 55082 relephone: 65%-430-8800 Fax: 651.-430-8809 APPLICA TION FOR SPECIAL EVENT ALL rrEMS ON THE APPLICA TION MUST BE COMPLETElJ AND SUBMIrrED TO CITY HALL 45 DAYS pRIOR TO THE PROPOSED I!V(NI Submittal Date: INCOMPLETE APPLICATIONS .WlLL ~ BE PROCESSED May 29, 2009 APPLICANT INfORMATION (Please Print on Application) Organization: Greator Stlllwator Chambor of Commorce Type of Organization: X Non-Profit _For-F'rofit Contact PerSon: J&nnifer S&V$l'$on Emeil Address: director@i1ovestillwater.oom Address: 106 Main Street South, Stillwater, MN 55082 Daytime Phone I"" ..:: .'::',,>,:, " 651-439-4001 .':: -= Alternate Phone Number 651-238-6727 (Jenn's Cell) ': ~:, :, ,:, ' ,":: :.., :." ":,:, ;" , ..: : >.,"J ~:: ~:' ~~ EVENT INFORMATION (Special Events InVOlving the use of City Proporty may require Park Board or F'arking Commission review. Events on Private Property may require Planning Commission roviow.) Date(s) of Event: Saturday, Oct. 10 Hours of Event: 6 a.m. to B p.m. (Special Events conduoted after 10:00 p.m. require Counoil approval of a variance to the noise ordinar'ICe) Type of Event: St Croix HSl"I/estFest 8. Giant PumpkIn Weigh-Off Description of Event Outdoor event featuring a nationally-recognized Giant Pumpkin Weigh-off and other fall activities. Proposed Looation of Event (be speoific): South Lowell Park & Parking Lots 2 & 8 If Lowell Park is used: _ North Lowoll Park X South Lowell Park (check which one or both) Estimated number of pooplo to attond: 300.500 I:' ," ':": ,':',:~.:..,.:,:;'.,::,::, .', : ':::" , ""","'" ~:," ":.".: ,., " ,,' " ~"".. :' .. . ~:...' :':.: ::: " .1 The fOllowing Information is required for consideration (Check next to items pertaining to your event. If not applicable - please put "NIA" In the space) N/A Selling Alcohol - Temporary liquor Licenses are (>,NLV 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). $35.00 fee X Site Map (RequIred for all events) - attach to application X ParkIng Impact (Required for all events) -Desctibe in detail: Close Parking Lots 2 (event area) & a (truck parking) from 6 a.m. to 8 p.m. (Continued on Back) ~ MAY-29-2009 10:57A FRoM:GREATER STILLWATER C (651)439-4035 TO: 651430880'3 P.2"4 x Special Slgnage - Describe: Up to 6 Sandwich boards at strategic way-finding locations throughout Downtown N/A Approval Lottor from Proporty Owner if OJ' Private): Proporty (attach to application) X Vendors will be present at t"e event (SEE ATTACHED) X Tents or Membrane Structures Size: 1 - 20x40 Location: ParkIng Lot Exiting Points: Open Sides N/A Cooking Operations Propane _ Deep Fat Frying Other N/A Open Flame or Burning Operations Describe: N/A Wator Activities (River/LakO$) River/lake Name: N/A EMS Neods _EMT Standby N/A Fireworks _Ambulance Standby _Fire Department Standby X Street Closure Lift Bridge) NJA Police Officer Needed (RQqulred If alcohol Is being serviced on public property and attendance Is over 75 people or at the disoretion ofthe Police Chief) Contact Stillwater Police Department (651-351-4900) to arrange for an officer. What Streets: South Sam Bloomer Way from both directions from 6 a.m. to 8 p.m. (Dock Cafe to N/A Restrooms (Portable) - Applicant to pay for restrooms - Contact Public Works to arrange - 651-275-4100 NJA Live Bntortalnment - Describe type of Music: X Promot n/Advertlsement of Event ~ Describe level Of Promotion/Advertisement: Metro advertising, Includfng pa er, posters and postcards: web site at lNY.!W.i1~vestillw~teLQQm; Kl.SS radio; e--mail newsletter Reviewed By: (Any concerns/comments will be attached to application) V City Administrator V' City Clerk ~ Community Development Director L Fire Chief V Police Chief FEES (If applicable) PermIt to Consume ($35.00) Temporary Liquor License ($25.00/day) Event Fee ($500.00) Event Depo$it ($250.00) JL' Public Works Director .1L' Public Works superintenden(h~T ) ~ Park & Recreati~n Co m~'ssi9n Appro~al Required Date Approved: _ ._lZ Z 1CJt1 , Planning Commission Approval Required Date Approved: Downtown Parking commiSSipn Approval Required Date Approved: n f-IA City Council Approval Required D;;lte Approved: Other Fees: , TOTAL FEE FOR EVENT: $..._.....~ Copy of Approved Application with Comments sent to applicant (Date) Re\'.01108 z LJ LJ " j 'I + II ~Ii ~ ~ II "1 I 4Gi i f au <<:JU ~t ] J [iJ II l~ D ~J!J t ~ +oil i2 (n = ~ GI ~~~ ~ lir ~f i f I l~ ~ IQ, .~ ! i ji !; ~ - Tll Twtn cnlOl ~ 6 IN ,g (; HWUI . .. . 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I J€ g i it..f ~ ~ ~ 8!. i1:l: a6:: ::1 a~ !i !i ..... .. :9 ~ I 'fA ~ I ~ ~Ii!:!i ~ ~ :!i:J oC' ]'i~:{9~ ~ ;I ~-,.. wZ 111 ~ z:....I ~ ~ >.'0._ ~ c; ~ t' ....- E'l;mcn'~ll a: Q'e CSi~:E :E~ :~~ i i:i ~ ~ ~ ~ ~ 1''1 :] ~ t ~ g ~ :!: ~ ~ 8 ~ 8! 1.5 :i<~~~~ . ~!~! i: '" .z i ! ~~ ~ ~! ..,l'l:l '" ~ 4: .~! ~u5!i '~I(fJi ~:91 W --<DB- .- d> 11I1 ~ ~fll~ ~ I ~II II. :@....\n""l2 ~C"Jcg :C~l:Il . -.r!:9:9:9 ",:9:5 ~.9:9 z o ~ 0::: o U. ~ II !7/~'d 512l880~blS9:0l S~0!7-5~!7ClS9) J ~31~MllllS ~31~3~~:WO~~ ~8S:01 512l02-52-A~W .... MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer ;;rf<?( DATE: August 13, 2009 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2009 Street Improvement Project (project 2009-02) DISCUSSION: The contractor is working towards a substantial completion date of September 14th. So far the contractor has completed the utility work, placed pavement on 80% of the streets, and restored a portion of the disturbed turf areas. Soil correction costs were higher than what was anticipated. However, due to the favorable contract unit prices, the anticipated project cost is $1,405,322 compared to the cost of$1,607,850 that was presented in the feasibility study. This reduction of $208,000 represents a 12.6% cost decrease. Due to the reduced costs, it is proposed to reduce the final assessments for the 2009 Street Improvement Project by 12.6% from the preliminary assessments. This would reduce the unit assessment on streets that received new curb from $6,445 to $5,633 and on streets where the curb was left in place from $4,815 to $4,208. The City share ofthe project is greater than 50% of the overall project cost, because the City pays 100% of the costs adjacent to City property. There is several City owned parcels adjacent to the project along with Northland Park along Northland Avenue. The projected cost breakdown for the project is as follows: Water Board Cost: Special Assessment: General Fund: Total Project: $29,561 $648,348 $727,413 $1,405,322 In order for the above project to be certified to the County this year, the assessment roll needs to be prepared and a hearing needs to be held. It is anticipated that the hearing will be held on September 15, 2009. RECOMMENDATION Staff recommends that Council authorize the preparation of the assessment roll and call for a hearing on the proj ect. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009-02). RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREP ARA TION OF PROPOSED ASSESSMENTS FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT NO. 2009-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and the anticipated construction cost is $1,103,000 and the expenses incurred or to be incurred in the making of such improvement amount to $302,322 so that the total cost of the improvement will be $1,405,322. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $727,413 and portion to be paid by Water Board is declared to be $29,561 and the portion of the cost to be assessed against benefited property owners is declared to be $648,348. 2. Assessments for the street improvement shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of four and one half percent (4.5%) per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 18th day of August 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009-02) WHEREAS, by a resolution passed by the Council on August 18th, 2009, the city clerk was directed to prepare a proposed assessment of the cost for the 2009 Street Improvement Project. The following is the area proposed to be assessed. Johnson Drive, Johnson Court, Cottage Drive, Myrtle Street from 3rd St to 5th St, 3rd Street from Myrtle St to Chestnut St, Ramsey Street from Grove St to Greeley St, Center Street from Myrtle St to Ramsey St, Willard Street from Greeley St to Owens St, Owens Street from Willard St to Olive St, Harriet Street from Myrtle St south to ravine, Martha Street from Myrtle St south to ravine, Everett Street from Myrtle St south to ravine, Hawthorne Lane and Northland Avenue from Hawthorne Ln to Cty Rd 12; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. A hearing shall be held on the 15th day of September, 2009 in the city hall at 7 :00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 18th day of August 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MUNICIPALITY: STILLWATER, MINNESOTA PROJECT NO.: 2009-02 L.I. NO. 382 ACCOUNT NUMBER EXPENDITURES: Construction Costs Other Costs Posta e Printing & Publishing Other Professionals Misc. Water Board Costs Actual Costs to Date $684,776.00 $136,742.00 $64,263.00 $16,542.00 $375.00 $450.13 2009 Street Improvement Project PROJECT NAME Estimated Completion Costs $418,224.00 $60,000.00 $2,500.00 $250.00 $200.00 $500.00 $6,630.00 $5,500.00 Amount to be Received from Special Assessments (Original project) Amount to be Received from General Taxes Amount to be Received from Water Board Total Costs $1,103,000.00 $136,742.00 $124,263.00 $19,042.00 $625.00 $650.13 $500.00 $5,500.00 $15,000.00 $1,405,322.13 $648,348.34 $727,412.79 $29,561.00 ~ MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer 7IC J( DATE: August 13, 2009 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2009 Mill and Overlay Project (project 2009-08) DISCUSSION: After receiving favorable bids on the 2009 Street Improvement project, council authorized the 2009 Mill and Overlay Project ofthe Forest and Calibre Ridge neighborhood (Shelton Drive, Tuenge Drive, Eastridge Court, and Westridge Circle). The preliminary assessments for this project were based on the actual contract bid prices. The City share of the project is greater than 50% of the overall project, because the City pays 100% of the costs adjacent to City property. Anez Ridge park extends along 1,020 feet of Shelton Drive. The projected cost breakdown for the project is as follows: Special Assessment: General Fund Total Project $64,302 $91,556 $155,858 It is recommended that the preliminary assessments be sustained. In order for the above project to be certified to the County this year, the assessment roll needs to be prepared and a hearing needs to be held. It is anticipated that the hearing will be held on September 15, 2009. , RECOMMENDATION Staffreeommends that Council authorize the preparation of the assessment roll and call for a hearing on the proj eet. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2009 MILL AND OVERLAY PROJECT (PROJECT 2009-08). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2009 MILL AND OVERLAY PROJECT (PROJECT 2009-08). , .. RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR 2009 MILL AND OVERLAY PROJECT (PROJECT NO. 2009-08) WHEREAS, a contract was let for the 2009 Street Improvement Project and lower project costs provided such improvement so that the total cost of the 2009 mill and overlay project will be $155,858. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $91,556 and portion of the cost to be assessed against benefited property owners is declared to be $64,302. 2. Assessments for the mill and overlay project shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear interest at the rate of four and one half percent (4.5%) per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the council this 18th day of August 2009. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2009 MILL AND OVERLAY PROJECT (PROJECT 2009-08) WHEREAS, by a resolution passed by the Council on August 18th, 2009, the city clerk was directed to prepare a proposed assessment of the cost for the 2009 Mill and Overlay Project. The following is the area proposed to be assessed: Tuenge Drive, Shelton Drive, Eastridge Court, and Westridge Circle; and WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. A hearing shall be held on the 15th day of September, 2009 in the city hall at 7 :00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole ofthe assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption ofthe assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 18th day of August 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MUNICIPALITY: STILL WATER, MINNESOTA PROJECT NO.: 2009-08 L.I. NO. 384 ACCOUNT NUMBER EXPENDITURES: Construction Costs Other Costs Posta e Printing & Publishin Other Professionals Misc. Water Board Costs Amount to be Received from Special Assessments Amount to be Received from General Taxes Amount to be Received from Others Actual Costs to Date $4,979.00 $49.30 2009 Mill and Overlay Project PROJECT NAME Estimated Completion Costs $130,000.00 $15,000.00 $49.30 $500.00 $1,680.00 $600.00 Total Costs $130,000.00 $4,979.00 $15,000.00 $98.60 $500.00 $1,680.00 $600.00 $3,000.00 $155,857.60 $64,302.00 $91,555.60 f MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer :7 R?( DATE: August 12,2009 SUBJECT: Ridge Lane Drive Improvements DISCUSSION The City has been approached by Michael Sheehy, "Applicant", with a request to reconstruct a portion of Ridge Lane Drive adjacent to his property. The applicant is currently constructing a garage and making improvements to his home at 1 Ridge Lane Drive. Ridge Lane Drive is a dead end street extending easterly from First Street North (see attached map). The portion of Ridge Lane Drive that the applicant would like to reconstruct is 170 feet long and is bordered by his property and two other properties. One of the property owners has a driveway extending from the end of Ridge Lane Drive and the other has a grassy slope extending to the roadway. Plans have been submitted and reviewed by City staff to ensure that the improvements would be constructed in accordance with City standards. The street would be reconstructed with 6 inches of gravel, 4 inches of bituminous pavement, and concrete curb and gutter. Due to the road grades being lowered in this area, a 3-foot retaining wall would be constructed to support the grassy slope in the City right of way along the north side of the reconstructed street. The applicant would pay for all improvements including hiring the contractor and reimbursing the City for Engineering inspection. The attached license agreement has been prepared by the City attorney. RECOMMENDATION Staff recommends that Council approve the license agreement with the applicant to reconstruct a portion of Ridge Lane Drive with the following conditions: . Signed consent of both adjacent property owners to have the street reconstructed according to the approved plans. . Signature of the license agreement by the applicant and the City prior to beginning construction . Completion of the terms of the license agreement by the applicant, including providing a certificate of insurance, providing a surety of 125% of the construction cost of the project, and reimbursement of inspection costs by the Engineering Department ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2009-_, RESOLUTION APPROVING THE LICENSE AGREEMENT FOR THE RECONSTRUCTION OF A PORTION OF RIDGE LANE DRIVE. " APPROVING LICENSE AGREEMENT FOR THE RECONSTRUCTION OF A PORTION OF RIDGE LANE DRIVE WHEREAS, Michael Sheehy has approached the City requesting to make certain improvements on portion of Ridge Lane Drive. WHEREAS, the City Council finds it in the public interest to issue a license to complete the requested improvements to Ridge Lane Drive. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the license agreement to improve Ridge Lane Drive with following conditions. 1. Signed consent of both adjacent property owners to have the street reconstructed according to the approved plans. 2. Signature of the license agreement by the applicant and the City prior to beginning construction 3. Completion of the terms of the license agreement by the applicant, including providing a certificate of insurance, providing a surety of 125% of the construction cost of the project, and reimbursement of inspection costs by the Engineering Department. Adopted by the City Council this 18th day of August 2009. Ken Harycki, Mayor Attest: Diane F . Ward, City Clerk / .......,~.../..L_\ ~.,.\' .,.. .......... . ...,..,........ .......,.... ".... .., ..,........ ............., '.' ' '.........,.., .,/' i '. " ; ;'8=T:';';-"," :::::;;<'5=F~ .\";.. , . i ~ !/ / ..",....,' '\ j// ~ / . ~ '<,' f:;o),\zC~ . /',,~=] 7?t.g'{ -", \/.'" . ci::(:<t..~" J/ L() '}. ..' ~~,-'~:~.u..\/;. \ :I,,~~ ~....,;..... .. \" ',' .~_.~/ - ~.. . T- is... '\i~ I i~~)i II / ", ': ~ +- '. lli'.. Ul :\L/' /i " ,.'" I~' f:i- ."j ..._ \ ,: i ._;' 1 i;q · . f)k ..... ' ~ --II',.. . ............. ,La..J" ". . ,e _~<9 .~l33~Is-' .~~... L\@ .i ,I i.'O ,: ..,:: ) ).{/J'~, ! 'i.) r,x .....,'~! $ 'll ... ,".'11 i ! '. .. i ~,:.-. "i ! 1..,'- !', : ii i ~~ t I~f _ · I , z z ~ N [?: ~ 0< ~ ~ ~ ~ ~ 0- 0 0 ro ~ ~ ~ >. !:: ~ - 'c ~ ~ '0 ~ ~ :> ~ ~ ~ ~ ~'\+. ' ~. ?iP\' U;' ~ ~9J .9/" I ." ..' <'.- .. .. ...--::::.-<:<<- ./ ;: / : ~,/ +-,./ (J') -Q / .,.~,.,.~.......L / ..,.....~,.i ~__\+,>c_:;~'; ~ ~ II ~.", Ii / ", "> I E\lVI ',.~_..._~,/- ", -....-............-.....'''''...---...-.....-. .. ,- .:;. - - ~- - ~~/..",-->-.""..- LU Z CD a Q i= 0:: U.L DLU~ LU~1- UlO::Ul aDZ ~~8 g::5~ N T ..",e iN ~ r $ ,^.: /' Q9 c.o~ 0' <0 /~ I: I'[~ K\~ . ~ ii'~ ~ g 5 ~=~;.!!! :; ~:;g~~. E u.go:so~ ~ .s ~~i:g~'~ ~ g8g 3;~ ~~8 g ~~N. t':j:a]:c~ Oil) <M~ i~~~~'~ ~! ~ ~ i .!!,g.g~~: ~~ ;~.i .~.s ~ ~ 5:; ::;:- s g-t; !~.~'!=~ ~;e. ~~i "'CIl~OO u4) QjC:Q,. ~i~~~f II &~~ ....'2.y _h~~~-,,^,~~ _~N""""7--.o- - -~.- ........w .... .. . .. .. ; .. 0') CD $IJD U'.-' /'.j-' /,.../'.,.,.......... ".-.' '.- . . -, ,- 'm,,~-l.,. :' .... ~-<'-'\ ,."...., ~ ; \ \,.~ EJI~ .' I,. ,,"I" , "_f_. 0'1 C- eo ~ . ' ". - . t~l c o +:i eo , () o ...J .__.J .,"" ! ~i. ~~, ~~g ~.. .~s; -".", ". ". " ~:r :;~ ,.::l ;~~ 'I; ::f'il t~~ + ". ;:: ~ "' "~::' ~'.,;, - '~-,,- ~~\ ~..~ ~l~ ~i~ ~~- _:::. --}0~ ;,:~ ~,' ~ --- ---~~~---- (~~ :~: ~ ';:,- " " " " " " II I- I I I I I i~ I I / / / / / / / / I I I I / / / / / / / / / / . ll' A ~h ,..:- '~ .- . ~, ~~ "~ H ~^ . ( I LICENSE, RIGHT OF ENTRY AND DEDICATION AGREEMENT RELATING TO IMPROVEMENTS TO RIDGE LANE DRIVE BETWEEN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND MICHAEL SHEEHY This Agreement Was Drafted By: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street, Suite 202 Stillwater, Minnesota 55082 651-439-9464 LICENSE. RIGHT OF ENTRY AND DEDICATION AGREEMENT I. INTRODUCTION This Agreement is made between Michael Sheehy (the "Licensee"), and the City of Stillwater (the "City"), the owner of RIDGE LANE DRIVE (the "Property"). II. HISTORY A. The Licensee worked with the City staff to design improvements to the Property that would be designed and built by the Licensee upon Ridge Lane Drive by the Licensee at the expense and cost of the Licensee. B. The Licensee and their contractors and agents are granted a non-exclusive right to construct the improvements on the Property. C. The rights granted are non-exclusive and are subject to the superior right of the City that may, at any time, preempt any rights granted by this License for any public purpose. D. The design of the improvements must be reviewed and approved by the City Council before work on the ground begins. III. INSURANCE. ALL RISK INSURANCE As a condition of this License and before work on the ground begins, the Licensee must provide to the City a Certificate of Insurance that names the City as an additional insured evidencing $1,000,000 of combined single limits coverage that protects the City against all risks associated with the improvements and their construction as their interests may appear. IV. INDEMNITY As a condition of doing this work and making this donation, the Licensee is desirous of obtaining assurances from the City that the Licensee will be released, held harmless and indemnified from claims of any parties injured or harmed by the design, construction or use of Ridge Lane Drive. The City understands that the improvements are being donated without representation or warranty and agrees to accept all liability associated with improvements and their use and agrees to indemnify and hold harmless the Licensee, their successors, heirs, and assigns, and the artists, architects, sculptors and contractors used to develop the improvements from any claims, liabilities, damages, debts, expenses or losses arising in connection therewith, including any claims arising from their negligence. V. SECURITY In order to ensure that the work is finished according to the plans and design, the Licensee agrees to deposit with the City in escrow to ensure completion in the amount of 125% of the costs of the improvements as estimated by the City Engineer. The terms of the escrow are that if the work is not completed to the satisfaction of the City Engineer, and the Licensee fails to complete the work after 30 days written notice from the City, the City is authorized to have the work performed and to reimburse itself for the cost of the work from this escrow account. The licensee shall reimburse the City for engineering inspection of the improvements. If the inspection costs are not paid within 30 days of being invoiced, the City is authorized to reimburse itself from the escrow account. VI. DONATION The Licensee will, upon completion of the improvements, execute and deliver to the City all right, title and interest in the improvements in the form and content satisfactory to the City Attorney. VII. ACCEPTANCE Provided that the License is in compliance with this Agreement, the City will accept the Donation Deed from the Licensee and agree to complete Part IV of IRS Form 8283 in order to assist the Licensee in obtaining the necessary documentation that will enable them to receive a charitable deduction for the value of the improvements dedicated. VIII. CONCLUSION A. This License is granted on an "at will" basis with no assurances of renewal, and no vested rights of any sort may be obtained by use of the Property hereunder. B. The City reserves the right to impose additional conditions on this License, if needed, to protect the health, safety and welfare of the City. C. This License will be in effect immediately and will terminate upon completion of the improvements and acceptance ofthe Bill of Sale for the improvements. D. In view of the uncertain term of the License and the limited rights granted, no license fee will be charged. IN WITNESS WHEREOF, the parties have set their hands this _ day of 2009. LICENSEE: Michael Sheehy - 2- CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of August, 2009, by Michael Sheehy, Licensee. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _ day of August, 2009, by Ken Harycki, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public - 3 - ritillwater ..'iiiio......-~", 'J lHE BIR'HPLACE Of MINNES01A Memo Community Development Department To: CC: From: City Council Larry Hansen and Bill Tumb1ad Michel Pogge, City Planner ~ Friday, August 14, 2009 Flood Insurance Rate Maps (FIRMs) Date: Re: Message: Washington County has been working with FEMA over the past few years on developing new and more accurate Flood Insurance Rate Maps (FIRMs) for Washington County and all of the incorporated cities in the County. On November 30, 2007 FEMA released a preliminary set of revised maps. The boundaries for all of the flood areas (including Brown's Creek and the St. Croix River) were modified to some extent. Overall these change appear to more accurately portray what would occur during a I % annual chance flood event (fka 100 year flood event). The comment period on the revised maps ended in late 2008. On August 3,2009 FEMA issued the Letter of Final Determination. The City now has six months from August 3,2009 to revise the City's flood ordinance to comply with the new maps and new FEMA flood standards. This work is required to be completed by February 3, 2010 or the City will be dropped from the National Flood Insurance Program. The final revised maps are expected to be released by FEMA sometime in September 2009. Background The key benefit to the City with our participation in the National Flood Insurance Program (NFIP) allows the City to access enhanced federal disaster benefits when natural disasters occur within the City. One example is the City in the past has received reimbursement from the Federal Government for the cost of constructing temporary flood controls during high water events in the downtown area. Additionally, with our participation in the NFIP, flood insurance is available to all property owner in the City of Stillwater. The City of Stillwater has been a participating community since March 16, 1973 and as of June 30, 2007 the City had 29 property owners that have purchased flood insurance. If the City did not participate in this program these 29 property owners and other property owners in the Community would not be eligible to purchase flood insurance. It is worth noting that ALL property owners in the City can purchase flood insurance, not just those in a flood zone. Changes · The preliminary maps added 10 new Zone A area (Special Flood Hazard Areas (SHFA)). The City did request that some of these areas be reevaluated. Until we receive the final maps in September we will not know the extent that FEMA revised the maps based on City Staff comments. o Zone A is the flood insurance rate zone that corresponds to the I-percent annual chance floodplains (a.k.a. 100 year floodplain - this is a term FEMA no longer uses). Mandatory flood insurance purchase requirements apply if the property owner has a federally backed mortgage. (Most mortgages are federally backed.) o These new Zone A areas cover 120 privately owned properties that previously did NOT have floodplain sown on the property. · The new maps modified the edges of all of the SHFA boundaries in the City. o These boundary changes are more accurate than the data that is currently available. o 67 privately owned properties that previously had a SHF A on a portion of their property now have an expanded area of SHF A on their property. Timeline The following is the work plan developed by City Staff to implement a new flood ordinance by the February 3,2010 deadline. . Date Action August 3, 2009 FEMA issued Letter of Final Determination August 3 - September 15, Staff drafts new flood plain ordinance based on MN State Model Flood 2009 Ordinance September 15 - October 15, MN DNR reviews draft Stillwater Flood Ordinance 2009 October 16, 2009 City makes application for a zoning text amendment to amend the Stillwater Flood Ordinance November 9, 2009 Planning Commission holds public hearing and makes recommendation to the City Council on the amended Stillwater Flood Ordinance December 1, 2009 City Council holds public hearing and holds the first reading on the amended Stillwater Flood Ordinance December 15,2009 City Council holds second reading and final adoption on the amended Stillwater Flood Ordinance December 18,2009 Ordinance is published as required by law January 4, 2010 Receive copy of affidavit of publication January 8, 2010 Mail via certified mail with return receipt the following to the MN DNR: 1. An original signed copy of the ordinance 2. An original signed copy of the affidavit of publication 3. Planning Commission Minutes 4. City Council Minutes February 3, 2010 All documents must be in FEMA's position. No extension and no exception. Communities that do not meet this will be dropped from the National Flood Insurance Program. Property owners will no longer be able to purchase flood insurance policies and polices in the City will be cancelled upon renewal. MEMORANDUM To: From: Mayor and City Council awn Sanders -If Shawn Sanders, Director of Public Works ~ Nick Chaves, Assistant Public Works Superintendent Larry Hansen, City Administrator 8/13/2009 Replacement of Asphalt Roller Trailer CC: Date: Re: DISCUSSION For your consideration is a request to purchase a new tilt trailer. This type of trailer is primarily used to transport the compact roller; a piece of equipment used by the asphalt crews when patching streets, but can be used for mowers, skidsteers and other equipment. A tilt trailer is required because the roller cannot drive onto ramps on a typical trailer. The existing tilt trailer is 29 years old is in very poor condition and is unsafe to use. The hitch and tilt bed frame are cracked, the wood deck is rotten, there are no brakes on the trailer and it will not pass a D.O.T. Inspection. To rebuild the trailer and bring it up to D.O.T. standards could cost as much as replacing it. This was estimated to be $6000.00 The new tilt trailer would be 14' feet long and have a four feet stationary deck and meet DOT standards. Staff has received three quotes from vendors from the MnDOT State Contract for trailers (#439954) with a low quote of $6753.45, plus tax, submitted by RDO Equipment Co. ofBurnsville MN. This item was budgeted in the Streets 2009 CIP Machinery and equipment budget for replacement of this unit. RECOMMENDATION It is recommended that council approve the purchase of a new tilt trailer in the amount $6753.45 from RDO Equipment Co. ACTION REQUIRED Council should consider request, and they agree with the recommendation they should pass motion approve the purchase new tilt trailer in the amount $6753.45 from RDO Equipment Co. 1 • Page 2 . . Investment Proposal for: CITY OF STILLWATER ATTN:PUBLlC WORKS DEPT 216 N 4TH STREET STILLWATER, MN 55082 Phone: (612) 439-6121 ~RDQ EQlB/BIO"CO. Joseph Meierhoff 12500 DuPont Avenue South Burnsville, MN 55337 Phone: (952) 890-8880 Mobile: (612) 655-7525 Fax: (952) 890-7046 Thank you for allowing me the opportunity to quote you this equipment. We appreciate your business. Joseph Equipment: NEW 2009 TOWMASTER TRAILERS T-12T List Price $0.00 Key Features T-12T 14 FT 4FT LED LIGHTS PINTLE RING PLUG TOOL BOX D RINGS BASE TRAILER 4FT STATIONARY DECK LED LIGHTS PINTLE RING PLUG 7 POLE RV TOOL BOX WITH LID TWO ADDITIONAL DRING, 6 PER SIDE Serial Number TBD (0 Approximated Hours) Equipment Price $6,753.45 Estimated Conversion Price: $6.753.45 PROPOSAL SUMMARY Equipment Total Sub Total Applicable sales taxes to apply Total Investment $6,753.45 $6,753.45 $6.753.45 Includes FRT to Stillwater California Air Resources Disclosure - When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emmission of air pollutants. CA Air Resources Board Regulation 2449(d)(3) As of June 15th, 2008 idling rental equipment must be limited to 5 minutes. Joseph Meierhoff Heavy Equipment Sales - CE RDO EQUIPMENT CO. jmeierhoff@rdoequipment.com Page 1 of 1 This proposal was created on August 4, 2009 and is valid until September 4, 2009 and is subject to prior sale. After that date the quote and terms in the proposal may need to be revised. D228157 C6121015 4"' 'i~~ EQUIPMENTi SHAKOPEE 6340 CTY RD 101 IE SHAKOPEIE, MN 55379 PHONE 952-445.5400 800.795.9274 ELK RIVER 18200 HWY 10 NW ELK RIVER, MN 55330 PHONE 763.262-4474 800-375-2477 DULUTH 4311 HAINES ROAD HERMANTOWN, MN 55811 PHONE 218-721.3038 800-7H"()117 LA CROSSE N 1128 WUENSCH ROAD LA CROSSE. WI 54101 PHONE 101-7'11-1025 800-780-1025 ST. JOSEPH N1751 CTY AOAD M LA CROSSE, WI 54601 PHONE 101-788-1775 ROCHESTER P.O. lOX 6108 ROCHESTER, MN 55903 PHONE 501.288-3402 CHATFIELD 5 N. MAIN St CHATFIELD, MN 55823 PHONI507-867-4'70 LEWISTON 6300 H\NY 14 WEST LEWI$TON, MN 55H2 PHONE 507-523.2114 , . May 15. 2009 City of Stillwater Attn: Nick Chaves 2164th St Stillwater, MN 55082 Nick, We are pleased to quote the City of Stillwater the following Trailer from the MN-DOT Contract #439954 valid through August 31, 2009: (1) 2009 Quipnet QT-12T Trailer $ 6,828 with standard MN-DOT specifications including: . 14' tilt Oak tilt deck · 4' stationary deck · (6) extra O-rings - 6 per side total · LED lights Quoted price excludes all applicable taxes, license and fees. Thank you for the opportunity to help yOu with your equipment needs. If you have any questions or comments, please contact the writer through the office at 952-445-5400. Sincerely, .p 1L- q{~.U1~\:A Thomas A. Bethel General Manager ST. JOSEPH EQUIPMENT, INC. " il. I ZIEGLER rEI Date: August 4, 2009 901 West 94th Street Minneapolis MN 55420-4299 To: City of Stillwater Public Works 3325 Boutwell Road Stillwater, MN 55082 Equipment: One (1) New Trail King Model TKT12U Tilt Utility Tailer Attn.: Nick Chaves MNDOT Contract T-603(5) SEQ# 482-508 ============================================================================== WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOllOWING SPECIFICATIONS. TERMS AND CONDITIONS: SPECIFICATIONS One (1) 2009 Trail King TKT12U Tilt Utility Trailer.....................$7,61 0.00 Includes all standard equipment for trailer (See Attached Brochure) PLUS: LED Lights......................... ....................................+ 4' Stationary Deck............ ..................... . ........ . ........ + 150.00 550.00 Total Price F.O.B. Ziegler Inc. Columbus, MN:.................$8,310.00 + Applicable Taxes TERMS AND CONDITIONS The prices quoted are current and are subject to change to those in effect at the time of shipment. Caterpillar products are sold subject to the terms of the applicable Caterpillar warranty. Copies of the warranties applicable to this purchase are attached hereto, and the purchaser by signing this order acknowledges receipt of the Caterpillar warranties. The Purchaser agrees to pay any and all taxes, assessments, licenses, and govemment charges of every kind and nature whatsoever upon said equipment which may be imposed or assessed against or resulting to the Seller on account of the possession or use of said equipment by Purchaser. All provisions hereof are contingent upon government restrictions, strikes, accidents, delays of carrier and other delays unavoidable and beyond Seller's control. It is intended and understood that title and ownership of said equipment is and shall remain vested in the Seller, notwithstanding delivery or possession, until the entire price is paid by cash in full. THIS PROPOSAL SUBJECT TO ALL PROVISIONS OF THE CONTRACT AND WARRANTY AS SPECIFIED HEREIN: -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ACCEPTED: By Its By City Council Meeting April 7, 2009 television towers, Section 31-101 and Section 31-512 of the Stillwater City Code, with the inclusion of the three paragraphs pertaining to Council approval as suggested by staff Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Councilmember Roush's suggestion for a new ordinance for all structures over a certain height, it was agreed to have Mr. Magnuson research that issue. UNFINISHED BUSINESS Possible approval of the Stillwater Criterium (Bike Race) contract City Attorney Magnuson explained to the Council this contract was drafted several months ago; the purpose was to provide some uniformity in the regulation of all celebrations/special events in the City. The contract was sent to representatives of the bike race for review and comment, with the result the finished draft for Council consideration. Mr. Magnuson said the most significant change in the prior draft was that the City would be reimbursed for City costs associated with support of the event, and after a meeting with race supporters and hearing of their non-profit status, it was felt the best contribution the City could receive was $1,000, based on the approximately $8,000 in City costs staff estimated was associated with supporting the race. He also stated that the race promoters did agree to provide $1 per participant to the Chamber in support of downtown beautification which was the same requirement imposed on the marathon promoters. David LaPorte, of Roseville and bike race representative, noted that race organizers are all volunteers so all proceeds can be donated to pediatric hospice at Children's Hospitals and Clinics. He showed a video presentation regarding the affiliation with the palliative care program of Children's Hospitals and Clinics and a Power Point presentation on the benefits to the City, including recognition by the bicycle tourism industry, family activities promoting bicycling, and media exposure/advertising. Mayor Harycki noted that there was never any question as to whether the City wanted to continue to host the event; it was a matter of uniformity among event requirements. On a question by Councilmember Polehna, Mr. LaPorte said race organizers are in support of the proposed contract. Councilmember Cook asked about the cost to the City. Public Works Director Sanders stated the estimated cost of public works staff time is about $8,100 in patching, street sweeping and some garbage pickup. Councilmember Roush stated he was opposed to asking the citizens of Stillwater to pay $7,000, basically as a donation to Children's Hospital. Councilmember Polehna pointed out that the City has an obligation to patch and sweep streets regardless of the event. He also suggested that appropriate language be added to the contract regarding insurance to ensure coverage is up to the statutory limitation; race representatives indicated they were comfortable with that Page 7 of 13 Youth Service Bureau FYI IM"".oving young lives I August 13, 2009 www.ysb.net STILLWATER Historic Courthouse 101 W. Pine Street Stillwater, MN 55082 Phone 651-439-8800 Fax 651-439-1040 WI Phone 715.781.0409 WOODBURY 1976 Wooddale Drive Suite 4 Woodbury, MN 55125 Phone 651-735-9534 Fax 651-735-8986 COTI'AGE GROVE 7064 W. Point Douglas Rd. Suite 201 Cottage Grove. MN 55016 Phone 651-458-5224 Fax 651-458-5310 The Honorable Kenneth Harycki, Mayor City of Stillwater 214 North Fourth Street Stillwater, MN 55082 Dear Mayor Harycki and Council: Last year marked the 30th anniversary of the Youth Service Bureau (YSB) serving Stillwater and the St. Croix Valley area. Throughout our history, the City's sustained commitment and confidence has made it possible for the YSB to pursue and refine effective interventions for at-risk youth. With your leadership and support we have been able to build partnerships with other communities, law enforcement, schools and the courts to better meet the changing needs of youth and their families. During these difficult economic times we are painfully aware that resources are shrinking across all sectors and in particular for local municipalities. To help address this problem, it's my understanding that the YSB is being considered, for the first time in 30 years, for elimination from the City budget. We hope the Council takes into account the it's long history of investing in early intervention and diversion services for young people and the huge impact this long view has had on youth and families in our community. Let me highlight just a few: · 85% of the over 400 Stillwater youth served in 2008 will not reoffend · 75% of the families involved in counseling report improvement · Over $8 is returned for every $1 invested in early intervention due to: reduced truancy; improved school performance; reduced near-term court costs; reduced costs of adult crime; reduced needs for social services; and improved health outcomes. (Outlined in the attached Wilder Study) In an effort to highlight the cost/benefit of our long-standing partnership I'd like to suggest a different funding relationship between the City and YSB used by several other municipal partners and Washington County. This involves the use of a Purchase of Service Agreement. I included a draft copy in this packet. The many advantages include: a clear statement of services being provided; identifies a formal relationship with the City and Police Department; specified reporting requirements; and moves away from the idea of a simple grant or subsidy. Our core programs continue to focus on community diversion services. They are intended to give law enforcement quick access to programs for minor juvenile offenses that would otherwise be petitioned to court. Community based and immediately available, we continue to provide a response that is swift and effective. We also continue to provide specialized mental health services that help young people and Mayor Harycki and Council Page 2 their families realize their strengths, find worthwhile ways to resolve problems and go forward. On behalf of our Board of Directors, thank you for your consideration and years of support in finding local solutions that are affordable, accessible and effective. I welcome an opportunity to meet with the Council to discuss this matter in more detail. Sincerely, Paul Weiler Executive Director Enclosures C: Larry Hansen, City Administrator Analyzing the Social Return on Investment in Youth Intervention Programs A framework for Minnesota March 2007 Prepared by: Paul A. Anton, Wilder Research Prof. Judy Temple, University of Minnesota Wilder Research 1295 Bandana Boulevard North, Suite 210 Saint Paul, Minnesota 55108 651-647-4600 www.wilder.org Acknowledgments This study is funded by the Minnesota Youth Intervention Programs Association. Much of the basic research on which this study relies was conducted jointly with a contemporaneous study commissioned by the Mentoring Partnership of Minnesota. That study was funded by: The Mentoring Partnership of Minnesota Center for 4-H Youth Development, University of Minnesota The Curtis L. Carlson Family Foundation IWCO Direct All of these funders made the joint products of this research possible. Principal thanks must go to J. Scott Beaty, executive director of the Minnesota Youth Intervention Programs Association (YIP A) for his support and cooperation along the way. He opened up the resources of his organization to us and introduced us to leaders in member organizations who helped us understand scope and depth of their programs. We also wish to thank those YIP A program leaders for being generous with their time for interviews and follow-up questions and requests. We also wish to thank Joellen Gonder-Spacek, executive director of the Mentoring Partnership of Minnesota and Dale A. Blythe, Associate Dean of the Extension Division of the University of Minnesota for their role in promoting and shaping the research agenda that led to this study and its companion. In addition, Ms. Gonder-Spacek and her associate Polly Roach opened up the resources and membership of their organization in the same way as Mr. Beaty of YIP A. Finally, thanks go to Brent J. Bolstrom, then a graduate research assistant at the Center for 4-H Youth Development at the University of Minnesota, both for his survey work on social return on investment quoted in this study and for supplying us with a database on youth programs that he had compiled. SROI of Youth Intervention Programs Wilder Research, March, 2007 Executive summary Youth intervention programs perform an important social service by redirecting the lives of "at risk" youth into more productive channels, both increasing their chances of success in life and reducing the expected educational and social costs generated by their likely problem behavior as juveniles and adults. This study puts forward a framework for quantifying the value of the benefits of intervention programs and comparing them to program costs in order to calculate the social return-on-investment (SROI) of such programs. Major findings . While there may be broad societal awareness of the value of youth programs, there have been few studies that attempt to quantify and compare the costs and benefits of specific programs. Most of the formal analyses that have been done have focused on more general youth mentoring programs, rather than on intervention programs with "at risk" youth. . Effective intervention programs are likely to produce some of the highest returns of any youth programs since they deal with more concentrated populations, many of whom have been identified through truancy, juvenile crime, or other problem behaviors. . Based on our study of intervention programs in Minnesota, effective youth intervention programs can produce some or all of the following direct benefits whose values can (in principle) be quantified: · Reduced truancy - resulting in reduced school costs and, ultimately, reduced high school dropouts and increased lifetime earnings · Improved school performance -leading to increased graduation rates and higher lifetime earnings · Reduced near-term court costs - saving court costs through youth diversion programs · Reduced costs of adult crime - both the crime losses of victims and the societal costs of prosecuting and incarcerating adult offenders · Reduced needs for social services - both near-term cost of family counseling and long-term costs of public assistance SROI of Youth Intervention Programs Wilder Research, March, 2007 · Improved health outcomes - including reductions in teen pregnancy, reduced or delayed use of tobacco, alcohol, or illicit drugs . This paper puts forward a framework for comparing the dollar value of costs and benefits of youth intervention programs in Minnesota and, potentially, in other states. This framework can be used to calculate the social retum-on-investment (SROI) of such programs. . Based on outcomes data that have been collected by Minnesota youth intervention programs and conservative assumptions about outcomes that are in line with the experience of Minnesota youth programs, we provide an SROI analysis of two fictional representative programs. One is a comprehensive program designed to redirect a youth's life path; the other is a targeted program focused on a particular destructive behavior. Using conservative assumptions for program outcomes, we estimate that: . An effective comprehensive program costing around $2,000 per participant returns benefits of $4.89 for every dollar of cost, based on very conservative assumptions about effects and valuations. Moreover, the program returns $14.68 for every State dollar invested, assuming a 2 to 1 match of other funding. . A targeted program to reduce recidivism of property crimes costing approximately $200 per participant returns benefits of $8.18 per dollar invested. . If strictly public benefits are compared to public costs, the comprehensive program produces $2.33 for every public dollar, while the targeted program produces $8.18 for each public dollar invested. . The actual returns for a particular program would depend on the outcomes and expenses of that particular program. We believe that returns in the examples presented here fairly represent the returns that are achievable for well-run, effective youth intervention programs. In some cases, it is quite possible that returns could be even higher than these examples. . To produce more accurate and detailed analyses of individual programs, more detailed data on program participants will need to be kept in order to measure and document juvenile and adult outcomes more precisely. This data collection could include an intermediate-term (5- to lO-year) longitudinal study of participants and similar youth who do not participate in intervention programs. SROI of Youth Intervention Programs 2 Wilder Research, March, 2007 CITY OF STILLWATER STILLWATER POLICE PURCHASE OF SERVICE AGREEMENT The City of Stillwater, through its Police Department, City Hall, 214 North Fourth Street, Stillwater, Minnesota, 55082, hereinafter referred to as the "City," and Youth Service Bureau, Inc., 101 West Pine Street, Stillwater, Minnesota, 55082, hereinafter referred to as the "Contractor," enter into this agreement for the period from Jal')~ry 1, 2010, to December 31,2010. WHEREAS, the mission of the Stillwater Police Departmenti~(tob~i!Qsafer communities by repairing the harm from, reducing the risk of,Dand inv.qlving the community in the resolution of juvenile crime; WHEREAS, the Stillwater Police Department is c9~r"f'titted togsing commuriiW...based approaches to strengthen individuals, families, aJ')<:f\commun~; WHEREAS, the Stillwater Police Department has id~htifj~ the following outcomes for juvenile diversion and early intervention: Juvenile offenders will be held accou~~abfefQr;t~~ir~cti60$by engaging in activities that repair the harm done totfle vi5~i~ianqi~9r;nmunity and will participate in programs th~1pr9mote arJ.ir~~eased understanding of the impact of their offense on victi[l"l$.i/~JJ1unities,i~nd themselves; Crime victims will<~Fhotified 9fdiversion~t~ceedings; will have opportunities to provide input;SI')<:f,. if willing,~Ut'l~v.~.theopportunity to participate in the process; Comml"lniijmerJ"Jp.ers wiftfl~"e active and direct involvement in programming; WHEij~S, the City, pLl~~ant t6its goals of providing accountability and the most appropri~t~~iversion andD..~rly intervention available to juvenile offenders, wishes to purchases~~i.5es for YO'+IDth involved in at-risk behavior from the Contractor to support these outcome$; NOW, THEREFO~t;;the parties agree as follows: 1. Contractor's Duties - The Contractor agrees to the provision of the following services: a. Recruit and support community work-service sites. Supervise and monitor community work-service clients who are ordered by the court and/or referred by the Stillwater Police Department. 1 b. Educational and prevention programs, specifically as follows: chemical awareness, fire awareness, theft awareness, violence awareness, or another approved alternative. Eligible juveniles include those who are referred by the Stillwater Police Department. The reason for the referral must be behavior or actions that could result in a police report and a petition for delinquency. c. Evaluation and counseling. Counseling services include crisis inter- vention, youth, and family and group counseling. Referrals will be made for psychological/psychiatric evaluation and long-tef~(mental health treatment. .......,:+/ d. The Stillwater Police Department agrees to provide yi~if'!1s of crimes diverted by local law enforcement the oppo~r4oi~'!fc~~direct or indirect involvement into how the juvenile shoul,be heltd/~fount- able, including consideration of the impact of.}mfj crime on theyi~tim and any specific needs for restitution. Wh~~Jnecessary, due totfjfj offense, restitution will be determined ap~iicollected: e. When possible and appropriate, facilit,~~estora}iy~justice interven- tions, such as victim/offender mediationii.f~fTliIX..,rPuP conferencing, and/or community panels, so that juvenilep~~~ers are held directly accountable to the victim and.yic;timized com~\Jnity through some form of reparation. 2. Attachments and References - Th~i(::;ontr~or'~~~~s to provide the enumerated services in Exhibit A, wh.ich is attacl'l~d.,nd incorporated herein by reference. 3. Cost and Delive~JioJPurcH~~ed Servi~~ - The total amount to be paid to the Contractor fO~~~l"Vices purfflased underthis agreement shall not exceed $40,000. Fort~~~e se~i~~!!~~(::;i!x...~grees to make quarterly payments to the Contractor of $10!,().Q091"10r aboutF'ebruary 15, May 1, August 1, and November 1, 2009, 4. ~Ii~if:)ilitv for Se~i~s -1,\.,,~msey or Washington County resident between the ~es of five and ei9~teen (or older if still in high school), their family members, al"l~!~e victims of l~yenile crime who are assessed to be appropriate shall be eligiblfj.for the servic;es provided under the terms of this agreement. 5. Evaluation.~~p6rtina. and Information Reauirements - The Contractor agrees to reasonablfjevaluations of its programs, employees, and volunteers and make them available for review by the Stillwater Police Department if so requested. The Contractor agrees to comply with all reporting requirements as assigned by law, rule, or contract by the State of Minnesota and Washington County. The Contractor further agrees to abide by all laws and rules regarding confidentiality and data practices. The Contractor agrees to provide necessary information allowed by law and deemed necessary by the Stillwater Police Department on referred cases. 2 6. Indemnification - The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents for all claims arising out of the Contractor's activities related to the services provided under this agreement up to the liability limits set forth in Minn. Stat. 466.04. The City will indemnify YSB, Inc., from and against all liability up to the liability limits set forth in Minn. Stat. 466.04. No other provision of this agreement shall serve to limit in any way the obligations of the Contractor to indemnify and defend the City under this clause. 7. Insurance Reauirements - The Contractor agrees that in ord~~j~p protect itself, as well as the City, from claims arising out of the Contract~r~activities under this agreement, it will at all times during the term of this i~~~ement keep in force policies of insurance providing the following lia9~I~ies;iB~~fessional liability insurance policy in the minimum amount o! FQur Hund[,~i!housand Dollars ($400,000) bodily injury or death of onep~l'Son; One MiIIi~rlslwo Hundred Thousand Dollars ($1,200,000) for b~ilY injury per occurr~~~; comprehensive general liability insurancep.()I;cy in thei.rr'inimum amoqnt of Four Hundred Thousand Dollars ($400,OQ~}bodily i9j~ry or death of one person; One Million Two Hundred Thousand;i(.;)()II~~~si($1 ,200,000) bodily injury per occurrence; One Million Dollars ($1 ,000,OO.Q~j'~roperty damage; automobile insurance, including non-owned~l1ehired autos'~9t~e minimum of Four Hundred Thousand Dollars ($40~i,009)t;>~eily injury~~.geath of one person; One Million Two Hundred Thousand DoUa.~(~1,200,OQO) bodily injury per occurrence; and One Million Dolla~($1 ,q~QIO(9)j~~pperty damage. The Contractor further agr22~t~ maintai9.~~rkers' Compensation insurance in the statutory amourJ~~?i.C~t*i~cates o~<lnsurance showing the coverage listed herein shall~provid~ to the QiW prior to the effective date of this contract. 8. Data Privacy - A.Uije~!.~;9dneCtea,cteated, received, maintained, or dissem.i9~~~B.for an~~~rpose by the activities of the Contractor because of this.~~feemel1~.i.~gove~9~d by the Minnesota Government Data Practices J}~\iMinn. Stat..i~~~pter1.!,as amended, the Minnesota Rules il'rJplementing sUOf'fj~ct now in force or as adopted, as well as federal r~tllations on data privacy . 9. RecOra'fi>;i~clos~.~~IMonitorina - Pursuant to Minn. Stat. 16C.05, Subd. 5, the Contr~~C:>~i~grees that the City, the State Auditor, or any of their duly authorizedrE;!.presentatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this agreement. The Contractor agrees to maintain these records for a period of three years from the date of termination of this agreement. 10. Nondiscrimination - During the performance of this agreement, the 3 Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 11. Independent Contractor - Nothing contained in this agreement is intended or should be construed as creating the relationship of co-part~rs or joint ventures with the City or the Stillwater Police Department~9tenure or any rights or benefits, including Workers' Compensati.B~~~nemployment insurance, medical care, sick leave, vacation leave, ~.~~~rao~/pay, PERA, or other benefits available to City employees shall a~rue to th~iRontractor or employees of the Contractor performing servi~ under this a9~~ment. 12. Conditions of the Parties' Oblioation - Thi~~9reementray be cancel~ by either party at any time, with or without,~~se, u~g~30 days' notice, in writing, delivered by mail, or in person. AnYJ~lt~r~~i~l"ls, variations, modifi- cations, or waivers of the provisions of this agf'~nt shall be valid only when they have been reduced t()yyriting, duly sig~ by both parties, and attached to the original of this a9r~em~l'1t 13. Compliance With Law - The Cont,.~(;tor s~~Uabi~m;i~)y all federal, state, or local laws, statutes,.gr9inances,~~I~~jand regulations now in effect or hereinafter adopted/i~~of'~J~s they ~tate to the Contractor's performance of the provisionsqfthis agr~ment. 14. Firearms - Uril~~~specj~~I~~';r~9;~ir~qby the terms of this contract, no provider of servi~,p~i~uant tothisoontract, including, but not limited to, employ~~~~~~ents'g~;~ubcontractors of the Contractor shall carry or poss~~s;afi~~r on~;~premises. Violation of this provision shall be sgBsidered a su~~~~ntial~~~ach of the agreement. Violation of this p~gvision is groun~~for immediate suspension or termination of this C()l'1tract, without nQtice, pursuant to Section 12. 15. SaviriQ~~lausestfany section of this agreement is found to be invalid or not enf~rf~~~le, the remainder of the agreement will remain in force and bindingJ 16. Governino Law - The laws of Minnesota shall govern the interpretation and prosecution of this agreement. 17. Notices -If any official correspondence concerning this agreement needs to be communicated to the other party, the following shall be deemed the effective addresses: 4 As to the City: As to the Youth Service Bureau: Stillwater Police Department 214 North Fourth Street Stillwater, MN 55082 Youth Service Bureau, Inc. 101 West Pine Street Stillwater, MN 55082 IN WITNESS THEREOF, the City and the Contractor have day of this agreement this APPROVED AS TO FORM By: City Attorney By: Executive Director, Youth Service Bureau, Inc. 5 Contact Information Contact Person Address: Phone: E-Mail: Web Address: Paul Weiler Executive Director Youth Service Bureau, Inc. 101 West Pine Street Stillwater, MN 55082 (651) 439-8800 paul.weiler@ysb.net www.ysb.net n REFERRAL TYPE: Wash Cty Corrections Wisconsin Municipal Courts Police Departments Bayport PD Cottage Grove Maplewood PD Roseville PD Stillwater PD Washington Cty Sheriff Woodbury PD Medical Other NPO YSB Internal referrals Parent/Family/Guardian Self School Staff Wash Cty Social Services SERVICE PROVIDED AWARENESS CLASSES CAP - Chemical Use HAC - Smoking PAC - Peaceful Alternatives TAP - Theft GENERAL ASSESSMENT CWS - Work service RESTORATIVE JUSTICE TEEN INTERVENE COUNSELING CHEM HEALTH PREVENT YCAPP - Suspension alternative CAMP TOTAL YOUTH'S RESIDENCE Bayport Bay town Township Cottage Grove Grant Hugo Lake Elmo Lakeland Mahtomedi Marine May Twp Oak Park Heights Youth Service Bureau, Inc. 2008 Services provided for Stillwater Referrals 103 2 2 2 4 1 58 3 1 6 4 10 26 32 174 4 432 Referrals 3 3 2 6 1 4 8 1 4 5 43 # Youth 0/0 23.8% 0.5% 0.5% 0.5% 0.9% 0.2% 13.4% 0.7% 0.2% 1.4% 0.9% 2.3% 6.0% 7.4% 40.3% 0.9% 12 18 8 35 86 95 29 4 57 96 119 3 562 Undup 3 2 1 2 1 4 5 1 3 5 20 .. ~ Youth Service Bureau, Inc. 2008 Services provided for Stillwater Oakdale 2 1 Stillwater 325 208 Stillwater Twp 20 8 West Lakeland Twp 1 1 Wisconsin locations 1 1 Woodbury 1 1 Unknown 2 2 TOTAL 432 269 Stillwater Officer # CASES CAP CWS GA HAC PAC RlP TAP TI TX Allen, Brad 10 7 5 1 4 Geving, Scott 3 3 Heroux 1 1 Kopel, Chris 3 3 1 1 1 LeMoine, Chyrisse 2 2 2 Mag ler, Jeff 33 3 31 6 9 4 3 11 Peterson, Austin 3 1 2 2 Siebenaler, John 2 1 1 Unidentified Officer 1 1 58 4 46 14 9 5 5 22 0 1 Note: Data set is all youth under the purview of the department, including residents, those attending school within the jurisdiction's boundries and those arrested within the jurisdiction. t r illwater '~ ~ THE BIRTHPLACE OF MINNESOTA ~ FYI VIA CERTIFIED MAIL August 12,2009 Marcia Kilbourne 23130 Everton Ave N Forest Lake, MN 55025-9311 Marcia Kilbourne 216 Wilkins St W Stillwater, MN 55082-4055 Christina Kilbourne 216 Wilkins St W Stillwater, MN 55082-4055 Re: 216 Wilkins St W Dear Ms. Marcia Kilbourne and Ms. Christina Kilbourne: In compliance with the order issued May 21, 2009 by District Court Judge Richard Ilkka, City Staff visited property you own at 216 Wilkins St W for compliance with the original order issued March 24,2006 by District Court Judge J. E. Casso During that visit City Staff noted two items that remain deficient. These items include: 1. The space above the garage remains in a finished habitable state. All drywall and carpeting must be removed. This space can only be used as storage and as such shall not have finishes consistent with a residential dwelling unit. 2. Stairs must be installed in one of the two units in the main home that connects to the basement. These repairs shall be completed by September 12, 2009. All of these repairs will require a building permit from the City of Stillwater. Contact Building Official Cindy Shilts at 651-430-8827 related to the issuance of a building permit. Once the repairs are completed contact me directly at 651-430-8822 to schedule a visit to confirm that these changes has been made. If these changes are not completed by September 12,2009, the City of Stillwater will proceed with executing the order issued May 21, 2009 by District Court Judge Richard Ilkka and will contract to have the above repairs made. CITY HALL: 216 NORTH FOURTH STREET · STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us August 12, 2009 216 Wilkins St W, Stillwater, MN 55082 Page 2 of2 If you have any questions please feel free to contact me directly at 651-430-8822. Thank you in advance for your cooperation. Sincerely, CITY OF STILL WATER, MINNESOTA -?tl-~ ~ ff~ ~;=:=- Mlc~(Pogge, AICP City Planner cc: Larry Hansen, City Administrator Dave Magnuson, City Attorney Bill Turnblad, Community Development Director Address File . , ,DetLr Py CLnA 6-h'l1w~ ~ul, We- Ofe.. CL ~ ~.L, O+- ~~ III/IVJ.] aJ- 3;}.;) Wtsf- 0 (,'Ve- Sf-r-edJ (h Sh IllA.Jcdci We- 114'L turr&n-+:J W,hCj tJljse-6dfE2Jqc2,= I'm-- 6+r.e..d CVvIoL ~. id1p('()U'~_ J4J h-usbt<4?oC 04Jc;;L Y ham WDY~ ~ jDb~ WweL41 ~+W6 of-U$~ f-k r aM//'+&-J 411 cLe-d~)~ c&-. job c.h~ .+0 ~LCfYY1-L CL-n ind-epe41~ r'n-SUA'OA1~. la~, . l {;J~ hCU;G r~c.{Jyy/L+O the CJ3Yl~S1'C!Vl i fnd we rYJ~. Vlo JlTYlr kk.tUrU+o j~tfv.ol ~ fu6Yl-fh~VYioY~a{f' p~ IAIf0~ WL CL-f'L bof'h ~"n:3 ~}u.~ I we- Cevn b~. woye, JIlj C0~ rYU-tM as l.uf:- I ~ uk, /{lze- Vh~ o-hur .A-nun~S.l '~~t~/: ~5~~~ w o~ fuCL"85,'hes, v'J w~ Gvnc1vr5~d ~~. ka6~S~ ,Ct1'7cL LM1r:1.-u-s-fcuvd +10d- fu {Lm~as5e.s>ea( wcu; neu5s~ +o-r ~ repait:; vno.c1o.. . i We aJ:so ~ tri:JJ-thcJ-- Ct.5$<: ~ ~jw:;-+ i PM'+- o-t- b'nq CL hllfrU~f /-!v.weue-r- ~UJC:,:S~ ~W'VlJ ~ r~~ . . ~J- we- m~ loSL C/Lu(" h~ duL +0 itLL ~JfLdOO,on I-n LXe~ -fc ~ mOYl~ p~ euno<- UL. 5 /~ p-w~ (n+r~s+ ~ 6Y) -j-o ~ b~/)/Jce ~~, W~ ~d +0 J-inot end- I+J fu/{'L ~e ~ o~ op}('dY1~ 6Y proC(YCUYYl~ k ~'(I'eS' in ~ 5 t+-UMtm. Plea~ Um'Slder woylz-,'()Cj wim us ~ we- Can ~ t'YLvr h(JyYW .'h.efL.. WL have- ~ {;JU~ h oYYU f Vl s+-i it wdLr +rrr . aLn103+ ~ ~I and, h~,+O rCLi~ ~ ~ ~/cLrCA'1 Ih ~ WCt-n'J.1If?3 r i tJ U -?oum. We a-re wi / I, n.i -fo {h07./idj ~ UJd'n an~ ~Y)tVVlGa[:1 (Uon).:/) ftl'cd- rr (ria:; VlLed, PiLose ~ ~:;I) ~~ I~ 8 I~, Yws bCLrJd cd- (J,SI)411-'8143 Ihrvnk ~ J?o.r, /;'S4e4linC'j' CUJd ~r;r'iv,'YlJ ().~ hu OpP{J'f~*J +0 Pd'.f-iDYJ f& !!tJUMGl1 De.6 P-eA"()"~ ~/2..'nj r.e. t..tL+) 7Iu~" . /{I,l ~ J P.e.Ju; Lhh'J' L;CUYJ, 0 /, vr:.r, ~ /V{ff~. Letter to Editor of the Stillwater Gazette, I am writing this letter in response to a July 31 st article I read by Peter Cox titled: "Stillwater man says signs in front of home are political. . . ". I do not take offense to Christoffersen's message and he has every right to engage in lawful speech. However, it is important to note that an individual does not have an absolute right to engage in any type of speech they like. The government can prohibit certain speech and can restrict speech to certain locations. While driving down the streets of Stillwater, I have seen the signs that Christoffersen has posted on the boulevard, on top of his vehicle while it is parked on the city street, and signs placed on the city street next to his vehicle. Which brings me to the issue that was not addressed in the article, which is: "Why does the City of Stillwater and its' officials refuse to enforce their ordinances." If I have seen the signs, then I can only conclude that just about every city employee, city police officer, and city counsel member has personally seen the signs or is aware of them. The article mentions that a neighbor called the authorities and reported the issue, but apparently the City did not act. Furthermore, the article says the City has no plans to take any action, implying they are just going to ignore the issue. Stillwater City Code Sec. 38-4 Subd. 1. clearly prohibits this type of activity, which says: no person may post, ... any notice, placard, ... or other paper or device calculated to attract the attention of the public to or upon any sidewalk, ..., curb ... or any other portion or part of any public way... To say that Christoffersen's displays are not a blight or hazard is just plain ignorance. He even admits that displays are intended to "slow people down." How does this not impact the safety and well being of individuals traveling City streets, and does the City not care about all the clutter? If they don't then every resident who has nothing better to do should start placing signs on top of their vehicles, on the streets, on the curbs, and in their front yard. This article just conveys another example of the City and its Officials not fulfilling their obligations and duties. When was the last time you saw the City enforce Sec. 30-1, Subd. 5(1) of the Code, which requires garbage containers to be stored out of view of the public street; or Sec. 52-2 which prohibits the use of illegal fireworks, or any other ordinance violation that is in plain view of a City Official; or an ordinance violation that was conveyed to a City employee but they feel it is not important to act on. Ordinances were created for a reason and the City of Stillwater and its Officials/Counsel Members/Employees have a duty and responsibility to the residents of Stillwater to enforce the ordinances. In fact the Stillwater City Manager may be mandated by MN Statute 412.651 to do so. Stillwater is a wonderful town, so City Officials please start enforcing the ordinances and lets keep Stillwater as a place in which individuals want to live. Summary of Proceedings Washington County Board of Commissioners August 4, 2009 Present were Commissioners Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Dennis C. Hegberg, District 1, absent. Board Chair Peterson presided. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Pulkrabek - reported on the National Association of Counties Conference he attended last week in Nashville, Tennessee; and he will meet with Senator Saltzman to discuss county issues; Commissioner Peterson - updated the Board on the Passenger Rail Forum which recommended the following stimulus projects: high speed rail corridor from Milwaukee to the Twin Cities; completion of the Union Depot; the Minnesota Department of Transportation has recommended the following stimulus projects: improvements to the Duluth port, 1-35 bypass, $300 million for the St. Croix River Crossing, the 494/169 interchange, and the Rochester bypass for freight traffic; reminded the viewing audience that tonight is the annual Night Out event and she encouraged all citizens to participate in getting to know their neighbors; and she announced that Cottage Grove will hold their 8th annual pig roast on August 14 to benefit the Stone Soup Thrift Shop and the food shelf; Commissioner Kriesel- reported on the Resource Recovery Project Board meeting where they mentioned that the Elk River RDF Plant is in jeopardy of being closed which would have a dramatic effect on RR T' s ability to continue on the market based approach; he will attend the Medical Assistance Transportation meeting on August 6; at last week's Grant Evaluation and Ranking System Committee members expressed they would like a more active role on the Counties Transit Improvement Board, to at least have a non-voting seat; and on August 13, from 4:00 t07:00 p.m. the Family Readiness Group of the 34th Military Police will hold a spaghetti dinner at the Stillwater VFW; Commissioner Weik - reported that other topics discussed at the Resource Recovery Project Board meeting were the 2010-2011 budget, presentation on anaerobic digestion, and the Minnesota Pollution Control Agency intends to study regional solid waste governance and financing in 2010; she attended the Law Library Board meeting which approved the 2010 budget; she will also attend the Medical Assistance Transportation meeting on August 6; and she noted that she attended the Washington County Fair and was invited by the Forest Lake Cable Television to be a co-commentator. County Attornev Accept continuing emergency funds in the amount of$4,000 from the State of Minnesota, Office of Justice Programs for the period July I, 2009 to June 30, 2011. General Administration Approval of the following actions: Commissioners' award to Captain Ben Johnson of the U.S. Army 1 st Special Forces Group; Board correspondence was received and placed on file including a letter from the Minnesota Counties Insurance Trust notifying the county that it will receive a dividend check in the amount of$362,144; Board workshop held to discuss the 2010 public information work plan. Public Health and Environment Approval of the following actions: Public Health and Environment to continue to act in the capacity of Local Primary Agency for the Washington County Interagency Early Intervention Committee and to work together with the fiscal host, ISD 831, Forest Lake Area Schools; Update on public health preparedness and the Novel H1N1 Influenza; Agreement with the Minnesota Department of Health for the Statewide Health Improvement Program (SHIP) grant funding in the amount of $1.53 million for fiscal year 20 I 0 to 2011. Public Works Approval of the following actions: Resolution No. 2009-080, quit claim excess lands outside of Washington County highway right of way adjacent to CSAH 15 to an adjacent owner; Contract with Braun Intertec for Geotechnical Evaluation Services for the Broadway Avenue improvement project in Forest Lake to include reconstruction of CSAH 2, construction of an interchange at CSAH 2 and 1-35, and the County Road 83 overpass not to exceed $97,072; Resolution No. 2009-081, bid award for paving project on CSAH 20 in Denmark Township to McNamara Contracting, Inc.; Contract with SRF Consulting Group for the completion of a master plan amendment for Big Marine Park Reserve in the amount of $59,447. 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 July 28, 2009 Present were Commissioners Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioners Dennis C. Hegberg, District 1, and Bill Pulkrabek, District 2, absent. Board Chair Peterson presided. Accountin2 and Finance Adoption of Resolution No. 2009-075, to open a fund for the Metropolitan Region Homeland Security Emergency Management Board and to update Fiscal Policy #2803 fund definitions to reflect the addition of the new fund. Commissioner Reports - Comments - Questions The Commissioners reported on the following items: Commissioner Weik - reported on the joint meeting with the Dakota County Board of Commissioners; she attended a kick-off meeting for the Yellow Ribbon steering committee in the City of Woodbury; she attended the visitation for Spc. Daniel Drevnick; she reported on the Library Board meeting which discussed the development of a strategic plan process for the next five years; she suggested that the monthly branch library reports be made available to the public; they discussed handling public concerns about library materials; the Library partnership with Carver County Library received an increase to a grant to test an e- Kiosk service at the Hugo City Hall; and she will be attending the County Fair and doing reports for the Forest Lake Area Cable Commission; Commissioner Kriesel - reported that the Yellow Ribbon Network participated in the Lumberjack parade; and he attended the services for Spc. James Wertish in Bird Island yesterday; Commissioner Peterson - reported that the Library has indicated that usage is up over 10% and the number of people coming to the Libraries has grown significantly; she reported on Senator Franken's constituent staff meetings held last week; she attended the Minnesota Pollution Control Agency meeting held in Cottage Grove to discuss Perfluorochemicals; and she has been appointed by the Minnesota Department of Transportation as an alternate to serve on a committee that evaluates design build projects. Community Services Approval of the following actions: Workforce Center's Local Fast Trac Supplement Plan for Program Year 2009-2010; Contract with Blue Cross Blue Shield of Minnesota to provide care coordination, mental health targeted case management, and network services for individuals diagnosed as seriously and persistently mentally ill. General Administration Approval of the following actions: Introduction of new Court Administrator Annette Fritz; July 7, 14, and 21,2009 Board meeting minutes; Amend Contract #4769 with Dynamex to extend the contract term to June 23, 2010 and to change the scope of services for courier services; Contract with Stillwater Gazette for First Publication ofthe Financial Statement for year ending December 31, 2008; Resolution No. 2009-079, review of proposed state land acquisition designated as a Scientific and Natural Area located in Denmark Township; Board correspondence was been received and placed on file; Board workshop held to review the cultural and outdoor resources dedicated funds. Information Technoloe:v Approval to renew annual maintenance and support services agreement for the county telephone and voice mail systems with Marco. Public Health and Environment Approval of the following actions: County to act as fiscal agent for the Metropolitan Region of Homeland Security and Emergency Management Joint Powers Agreement for the FY 2010 Homeland Security Grant Program; Agreement with Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the FY 2010/2011 Radiological Emergency Preparedness Grant Program. Public Works Approval of the following actions: Resolution No. 2009-076, acquire right of way on CSAH 2 and County Road 83; Resolution No. 2009-077, final payment on CSAH 18 bridge reconstruction project to CS McCrossan Construction, Inc.; Resolution No. 2009-078, agreement to state transportation fund local improvement program grant terms and conditions for CSAH 12 turn lane construction in the City of Grant. Ree:ional Railroad Authority Approval of the following actions: July 14,2009 RRA meeting minutes; Resolution No. RRA-2009-006, approval of the 2009 work plan and budget and funding contribution for the Minnesota High Speed Rail Commission. 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. 8/13/2009 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions AUGUST 18 Commissioner Heqberq out of the Country Aqenda - Presentation by the U.S. Census Bureau Workshop - Counties Transit Improvement Board AUGUST 25 Commissioner Heqberq out of the Country Agenda - Statewide Health Improvement Proqram (45 minutes) Aqenda - Update on Federal Leqislation by Lockridqe Grindal Nauen Andy R. Burmeister will update the County Board on where things stand at the federal level in relation to county projects and an overview of what issue they expect Congress to address in the next months of session. Workshop - Settinq priorities for the 2010-2014 Consolidated Plan for the Community Development Block Grant and Home Investment Partnership proqrams. SEPTEMBER 1 Workshop - Review of FEMA Floodplain Maps SEPTEMBER 8 Public Hearinq - Individual Sewaqe Treatment Requlations (Ordinance No. 128) Department Budqet Hearinqs - Community Services and the Sheriffs Office SEPTEMBER 15 Aqenda - Set Proposed Levy Workshop - Counties Transit Improvement Board Workshop - Update on Dial-a-Ride (Public Works and Community Services) Workshop - Discuss Land and Water Leqacy Proqram Criteria and Receive an Update on the Conservation Plan SEPTEMBER 22 Department Budqet Hearinqs - Library/Law Library and Property Records and Taxpayer Services SEPTEMBER Executive Sessions - Land and Water Leqacy Proqram for Rowe and Daley Conservation Easement Acquisitions OCTOBER 6 Department Budqet Hearinqs - Public Health and Environment and Internal Services/CTA OCTOBER 20 Workshop - Counties Transit Improvement Board Department Budqet Hearinqs - Public Works Workshop to Discuss the Capital Improvement Proqram OCTOBER 27 Department Budqet Hearinqs - Attorney and Community Corrections NOVEMBER 17 Workshop - Counties Transit Improvement Board DECEMBER 15 Workshop - Counties Transit Improvement Board FUTURE (Tentative for November, December or January, 2010) Joint Meetinq with Dakota County to Discuss the 2010 Leqislative Priorities 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. Meetinq 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. BID OPENINGS June 2 & 3 Fiber Optic Cabling - Information Technology June 11 CSAH 18 East/West Reconstruction - Public Works M:\USERS\ADM\PRRADDA \WP\AGEN DA \Workshops\Preview .doc 1!~,,/z-) fa, 1 w,,!", 5.;tr.rt. As 4 y 0 (,) "1 e.e /' - i ..I tA l" ~--+ I .- IA. v'/\ 1 M;t /v-bAt, ~ ~ "..,... .- = .. .i:: ~ ~~ ~ = -. ~ = l:Il Q) ~ .. ~..c:~~ = ...... CJ d~~ = ~ CJ ~ _ 0.- ~ ... ~ = e; ~ => ..... <= ~ 1;11 .. ~ = =..... = = .- z ~" Cl +, ('.f,.J C ~ ~! of t L~ 0\;- {~ff3j'+ +a tJV/ #1/)..5 erA }-// 1 5 r-. , "'~ ,~ ,/') )1/1... oyJ) ! rJ~ 4 t f ~ C' L..:>., !l' CR C 1-.2// <2 vt (s 1-10.,/ ," +~ /, Dq,,~ ~( Board of Commissioners Washington County 1. 9:00 2. 9:00 3. 4. 9:10 9:10 5. 9:15 6. 7. 9:30 9:40 8. 9. 10:00 10. 10:10 to 10:30 FYI Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 BOARD AGENDA AUGUST 18, 2009 - 9:00 A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Gunment, whether or not the issue is listed on this agenda. Persons who wish to address the Board mus!fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair witlJIsk you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Boarr.hwr reserves the right to limit an individual's presentation if it becomes rerindant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the eduled agenda items. Consent Calendar Public Health and Environment - Lowell Johnson, Director 4-H Youth Development Program Agreement Library - Pat Conley, Director Strategic 2030 Facility Plan: July 2009 General Administration - Jim Schug, County Administrator Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments omtters of interest and information, or raise qiestions to the staff. This action is not intended to result in substantive board action durirtgis time. Any action necessary because of discussion will be scheduledfor ajitture board meeting. Board Correspondence Adjourn Board Workshop with Public Works Review the Counties Transit Improvement Board Agenda for August 19 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES** (**Meeting dates, time, and locations may change. Contact the Office of Administration or individual agencies for the most current information. ) Date August 18 August 19 August 19 August 19 August 20 August 20 Committee Location Time Housing and Redevelopment Authority Counties Transit Improvement Board Metro TAB Policy & Advisory Board MICA Metro Area Agency on Aging CAP-Ramsey and Washington Counties 1584 Hadley Avenue North- Oakdale 90 West Plato Boulevard - St. Paul 390 Robert Street North - St. Paul Kelly Inn, Sibley Room 2nd Floor - St. Paul 2365 N. McKnight Road- North St. Paul 450 Syndicate Street North - St. Paul 3:30 p.m. 8:30 a.m. 12:00 p.m. 2:00 p.m. 9:30 a.m. 6:30 p.m. 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 * AUGUST 18, 2009 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of county comments on the City of St. Paul Park's proposed modification to the Tax Increment Financing Plan for Development District No.1, the Scattered Site Redevelopment Tax Increment Financing District, also known as County Identifier #8. Community Corrections B. Approval to accept a $50 donation to the Sentence-to-Service program from Myrtle Vollmer. C. Approval for the Community Corrections Director to amend the 2009 Title II grant from $59,770.58 to $65,052.58. Library D. Approval of Amendment #2 to contract for services between Washington County Library and Stillwater Library and between Washington County Library and Bayport Library. This will extend the contract from July 12, 2009 to December 31, 2010. Property Records and Taxpayer Services E. Approval of a one-to-four day temporary on-sale liquor license for the St. Croix Preparatory Academy on November 13,2009. F. Approval of resolution for an application for a Lawful Gambling Exempt Permit to St. Croix Preparatory Academy on November 13,2009. Public Health and Env. G. Approval to set public hearing date for the Washington County Development Code, Chapter Four, Subsurface Sewage Treatment Regulations. Public Works H. Approval of lease agreement for county-owned property located at 15330 Afton Hills Court South in Afton. 1. Approval of Change Order #16 with People's Electric, Inc. in the amount of $57,210. *Consent Calendaritems are generallydefined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s)<lr discussion and/or separate action.