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Home My WebLink About2009-10-06 CC PacketTNT •INTNTLACE DT VI REGULAR MEETING RECESSED MEETING AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 6, 2009 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Workshop with Brown's Creek Watershed District 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 4:30 P.M. 7:00 P.M. APPROVAL OF MINUTES — Possible approval of September 1, 2009 regular & recessed minutes and September 15, 2009 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Fire Prevention Week — October 4 -10, 2009 2. Outdoor Ice Rinks — Stillwater Hockey Association — Bob Kaufman 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 less. 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 Call) 1. Resolution 2009 -159, directing payment of bills 2. Possible approval of Railroad Lease Increase to St. Croix Boat & Packet 3. Resolution 2009 -160, approval of cooperative purchasing agreement with Minnesota Administration Materials management Division PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 1. This is the date and time for the public hearing to consider the proposed assessments for the 2009 Sidewalk Project. Notices were mailed to the affected property owners and published in the Stillwater Gazette on September 21, 2009. (Resolution — Roll Call) UNFINISHED BUSINESS 1. Update on Cayuga NEW BUSINESS 1. Possible approval of transfer of the City's Board of Review Duties to Washington County (Resolution — Roll Call) 2. Possible approval of Memorandum of Understanding with Friends of Stillwater Area Dog Park, Inc. (Resolution - Roll Call) 3. Possible approval authorizing the City to apply for the reconveyance of Tax Forfeited land (Resolution — Roll Call) 4. Possible approval of request to extend mandatory call date on Territorial Springs Series 2003 & 2004 Tax Increment Bonds (2 Resolutions — Roll CaII) 5. Possible approval of parking restrictions for Washington Avenue (Resolution — Roll Cali) 6. Possible approving plans & specifications and ordering advertisement for bids for the Washington Avenue Mill & Overlay (Resolution — Roll CaII) 7. Possible approval of Voluntary Leave without Pay Program (Resolution — Roll CaII) 8. Possible approval of stop sign placement (Resolution — Roll CaII) 9. Possible approval of contract with Great River Greening for water quality improvements at Lily Lake Boat Launch (Resolution — Roll CaII) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (con COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda sidered be rout he by th ' y Council and will be enacted by one motion. There will;zbe no epa y � � �,cfascussn on these item `� s�iless a Council Member or citizen so requests, in which event the items will be rertioved from the consent agenda and considered separately. Page 2 of 2 • 1 i1 :` sr BROWN'S CREEK WATERSHED DISTRICT 1380 W FRONTAGE RD HIGHWAY 36 STILLWATER, MN 5 5 0 8 2 651.275.1136 x26 [PHONE] 651.275.1254 [ FAx WWW.BCWD.ORG AGENDA SPECIAL MEETING OF THE BOARD OF MANAGERS Tuesday, October 6th, 2009 4:30 -6:00 PM Joint Board Workshop with Stillwater City Council Stillwater City Hall 216 N 4th Street, Stillwater MN 1. Call to order @ 4:30 P.M. 2. Approve Agenda 4:30 —5:05 3. Water Monitoring Data — Erik Anderson, WCD a.) Lake McKusick, Lily Lake and Brick Pond b.) Long Lake to Diversion Structure Grab Sample Results to date 5:05 -5:35 4. Long Lake a.) Sediment Coring Data — status update b.) Eurasian Water Milfoil — vegetation survey results 5:35 -5:45 5. 62nd Street North/Furgala culvert — request to cost -share new culvert 5:45 -5:50 6. BCWD Budget 5:50 -5:55 7. Watershed Tour — Select Date & Itinerary 5:55 -6:00 8. Other Opportunities for Collaboration 9. Adjourn 6:00 PM Managers: Craig Leiser, President • Rick Vanzwol, Vice - president • Gail Pundsack, Vice - President • Connie Taillon, Treasurer • Gerald Johnson, Secretary ASHINGTON ONSERVATION ISTRICT MEMORANDUM 1380 W FRONTAGE RD H I G H W A Y 3 6 STILLWATER. MN 55082 6 5 1- 2 7 5 - 1 1 3 6 [ P H O N E] 651 -275 -1254 [ FAX 1 WWW.MNWCD.ORG TO: BCWD Board, Karen Kill FROM: Erik Anderson, Water Resource Specialist, WCD DATE: September 10, 2009 RE: Long Lake — Brown's Creek Diversion Drainage, 2009 Sampling Results Methods: Grab samples were collected on 3/17/09, 6/4/09, 6/22/09, 7/27/09, and 8/20/09 at eight locations on the drainages that flow to the Brown's Creek diversion structure: Long Lake Outlet, Jackson WMA Outlet, Boutwell Rd., South Branch, West Branch 2, West Branch 1, North Branch, and Diversion Structure (Figure 1). Samples were also collected on 5/18/09, but due to a communication error the lab courier never picked them up and they were not analyzed. Samples were not collected at some sites on particular dates due to no flow or the inability to collect a clean sample without including bottom sediment. Samples were analyzed for Total Phosphorus (TP) and Total Suspended Solids (TSS). Flow was calculated during each sampling event using an area - velocity meter. Figure 1. Grab Sampling Locations Supervisors: Louise Smallidge Gary Baumann Tom Meyer Rosemary Wallace Sarah Hielpas Results: Site Sample Type Date TSS (mg/L) TP (mg/L) Flow (cfs) TP lb/day TSS lb/day Long Lake Outlet Snowmelt Grab 3/17/2009 Dry Dry Dry Long Lake Outlet Base Grab 6/4/2009 Dry Dry Dry Long Lake Outlet Storm Grab 6/22/09 10:10 9 0 057 0.06 0.02 3.15 Long Lake Outlet Base Grab 7/27/09 10:15 3 0.048 0.61 0.16 9.82 Long Lake Outlet Storm Grab 8/20/09 13:30 3 0.044 6.73 1.60 108.98 Jackson WMA Snowmelt Grab 3/17/09 14:36 6 0.084 1.73 0.78 55.99 Jackson WMA Base Grab 6/4/2009 Dry Dry Dry Jackson WMA Storm Grab 6/22/2009 Dry Dry Dry Jackson WMA Base Grab 7/27/2009 Dry Dry Dry _ Jackson WMA Storm Grab 8/20/09 10:50 <2 0.040 2.64 0.57 14.23 Boutwell Rd. Snowmelt Grab 3/17/09 12:00 13 0.151 1.62 1.32 113.60 Boutwell Rd. Base Grab 6/4/2009 Dry Dry Dry Boutwell Rd. Storm Grab 6/22/2009 Dry Dry Dry Boutwell Rd. Base Grab 7/27/2009 Dry Dry _ Dry Boutwell Rd. Storm Grab 8/20/09 10:20 <2 0.079 3.16 1.35 17.06 South Branch Snowmelt Grab 3/17/09 11:15 41 0.234 1.79 2.26 395.89 South Branch Base Grab 6/4/09 13:15 13 0.168 0.02 0.02 1.23 South Branch Storm Grab 6/22/09 9:00 37 0.177 0.04 0.04 8.48 South Branch Base Grab 7/27/09 9:00 59 0.226 0.01 0.01 3.18 South Branch Storm Grab 8/20/09 9:00 36 0.100 4.39 2.37 852.81 West Branch 2 Snowmelt Grab 3/17/09 11:45 16 0.414 0.89 1.99 76.82 West Branch 2 Base Grab 6/4/09 14:00 2 0.06 0.02 0.01 0.19 West Branch 2 Storm Grab 6/22/09 9:50 3 0.109 0.18 0.11 2.96 West Branch 2 Base Grab 7/27/09 9:45 4 0.108 0.02 0.01 0.44 West Branch 2 Storm Grab 8/20/09 10:00 7 0.171 0.93 0.85 35.00 West Branch 1 Snowmelt Grab 3/17/09 11:20 44 0.388 1.11 2.32 263.46 West Branch 1 Base Grab 6/4/09 13:45 15 0.104 0.09 0.05 7.16 West Branch 1 Storm Grab 6/22/09 9:30 32 0.198 0.25 0.26 42.67 West Branch 1 Base Grab 7/27/09 9:30 18 0.137 0.05 0.04 5.08 West Branch 1 Storm Grab 8/20/09 9:30 32 0.232 1.35 1.69 232.95 North Branch Snowmelt Grab 3/17/20-04 No Sample No Sample. No Measurement North Branch Base Grab 6/4/09 13:30 21 0.125 0.02 0.01 2.49 North Branch Storm Grab 6/22/09 9:20 109* 0.308* 0.01 0.01 2.94 North Branch Base Grab 7/27/09 9:15 155* 0.408* 0.03 0.07 26.76 North Branch Storm Grab 8/20/09 9:20 80 0.253 0.02 0.03 10.69 Browns Creek Diversion Snowmelt Grab 3/17/09 10:40 52 0.317 2.70 4.62 757.36 Browns Creek Diversion Base Grab 6/4/09 13:00 8 0.131 0.16 0.11 6.90 Browns Creek Diversion Storm Grab 6/22/09 8:50 36 0.188 0.41 0.42 ' 80.01 Browns Creek Diversion Base Grab 7/27/09 8:41 13 0.148 0.14 0.17 14.73 Browns Creek Diversion Storm Grab 8/20/09 8:44 25 0.148 3.76 3.00 507.07 * High result possibly due to bottom sediment in sample Additional samples will be collected at all sites through October. Groundwater inflow is most likely present between Boutwell Rd. and S. Branch, upstream from N. Branch, upstream from W. Branch 1 and W. Branch 2, and potentially between the Diversion Structure and the confluence of the N., S., and W. Branches. Looking at the results, there appears to be some additional contribution of TSS and TP between W. Branch 2 and W. Branch 1, and between Boutwell Rd, and S. Branch. When comparing TSS at S. Branch and W. Branch 1, all sample results, except the 7/27/09 samples, were similar. The groundwater present at S. Branch, W. Branch 2, W. Branch 1, N. Branch, and the Diversion Structure has some affect on the water quality and flows as well. The higher results from the 6/22/09 and 7/27/09 samples at N. Branch may have been due to bottom sediment contaminating the sample. This channel is very shallow, narrow, incised, and covered with vegetation, still making it very difficult to collect a representative sample. BROWN'S CREEK WATERSHED DISTRICT 1380 W Frontage Rd, Highway 36, Stillwater, MN 55082 Tel: 651 - 275 -1136 ext 26 Fax: 651- 275 -1254 March 25, 2004 Mayor Jay Kimble 412 W. Elm Street Stillwater, MN 55082 David G. Junker 615 E. St. Louis Stillwater, MN 55082 Dear City of Stillwater Council Members: John Rheinberger 818 W. Olive Street Stillwater, MN 55082 Wally Milbrandt 172 Mallard Court Stillwater, MN 55082 Gary Kriesel 1451 Lydia Circle Stillwater, MN 55082 The Board of Managers of the Brown's Creek Watershed District has had an issue brought to its attention by Mr. Perry Furgala regarding flooding on his property. Mr. Furgala's property, located at 12525 62nd Street, is at the bottom of a 351.4 -acre drainage area, which includes the area south of Highway 36, the Bradshaw Property and the Bergmann Property. In response to this concern, the BCWD Board directed the District Engineer to analyze the issue to determine the extent of the flooding and potential solutions. This study was completed and presented to the BCWD Board at the August 11, 2003 Board Meeting. In that study, it was determined that under existing conditions, the modeled 100 -year high water level (HWL) for the area to the south of 62nd Street is 901.0 feet. The City of Stillwater surveyed the Furgala property and found that the lowest opening on the residence is 902.84 feet. Though flooding of the house may not occur for the 100 -year event, the water will not drop down below the driveway elevation of 898.3 feet for approximately 2 days. It was determined that removal of the box culvert at 62nd Street or upgrading the pipe underneath 62nd Street with a 36 -inch equivalent arch pipe results in significant improvement over existing conditions for all storm events modeled. FOR has recommended that upgrading the culvert crossing under 62nd Street would result in the greatest improvement for the Furgala property without negatively impacting Long Lake. A copy of the Highway 36 Culvert Flow Feasibility Study has been attached for your use. The BCWD Board would like to request that the Stillwater City Council consider removing the box structure on the culvert under 62nd Street and replace the existing 24 -inch culvert with a 36 -inch equivalent arch culvert. The District sees this as an appropriate immediate solution to the flooding problem under existing conditions. However, we understand that the District and the City will need to collaborate to provide additional storage in the contributing drainage area to provide a long -term solution to this issue. Respectfully, Karen Kill Administrator, Brown's Creek Watershed District Enclosure cc: BCWD Board of Managers Klayton Eckles, City Engineer w /enc. Larry Hansen, City Administrator w /enc. Perry Furgala, Stillwater Resident w /enc. Managers: Craig Leiser, President • Karen Kilberg, Vice - President • Barbara Medinger, Treasurer • Gerald Johnson, Secretary • Edward Gordon er TNF SIOTNFLI CC OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING September 1, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 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 City Clerk Ward OTHER BUSINESS Budget Discussion 4:30 P.M. Mayor Harycki read a prepared statement outlining his position on the budget, calling for a budget that does not raise taxes but continues to provide for strong public safety. His statement called for major spending cuts, as well as looking at the possibility of voluntary employee time off, an across the board 10% pay cut, an evaluation of all City benefits, and an evaluation of the bidding process. City Administrator Hansen stated he had some updated information from the County. He noted that the tax levy has been lowered by a bit over $26,000 based on cuts made to date. Based on the new information, and that the tax rate would be a 3.7 % increase, all property owners would see a decrease in taxes paid, ranging from $11 up to $150: He pointed out that this is based on estimates, the best estimates available at this time. Mayor Harycki referred to some possible cuts listed by the City Engineer which totaled $38,250 and asked what those cuts would do to the tax rate. In discussion, Ms. Harrison pointed out that in order to achieve a flat tax rate; an additional $200,000 in cuts would have to be made. The previously discussed potential $90,000+ reduction was the amount needed to have no increase in taxes paid and that with the new estimates by the County; there would be no increase in taxes paid with the cuts made to date. City Council Meeting September 1, 2009 Mayor Harycki asked City Administrator Hansen if there had been discussions with union representatives about voluntary furloughs and other such measures other communities are taking; Mr. Hansen responded that he had discussions with all union representatives several months ago and while they were not interested in furloughs, etc., they did offer some suggestions which were incorporated in this budget proposal. Mr. Hansen pointed out that the preliminary budget certified to the County, by September 15, can always be decreased if new information is received prior to final adoption in December. Councilmember Roush asked if the Local Government Aid (LGA) cuts were firm; Mr. Hansen said the Governor had indicated so, but always has the ability to make additional cuts. Councilmember Cook suggested that the budget proposal, which maintains the status quo in the levy and results in a reduction in taxes paid, is a good thing. Mayor Harycki pointed out it still represents an increase in the tax rate. Councilmember Polehna noted that the tax rate will go up because of the increased debt service, most of which has been inherited due to the actions of previous Councils; he questioned further cuts to the operations of the City due inherited debt service. Councilmember Polehna pointed out that the City's ranking in tax rates is in large part due to the library, a service not offered by many other communities. Councilmember Gag asked department heads to review the percentage of cuts made from the 2009 to 2010 budget as proposed; he suggested, based on those responses, that the Council had already taken a "hack" at its priorities, noting the Council's stated priorities -- the core functions including public safety and roads -- are taking the most significant cuts. City Administrator Hansen said everything has been cut so much already there are no more big numbers (expenditure reductions) left, without eliminating positions and that he thought the budget presented a month ago did a good job in that it overcame over $1 million shortfall in funds from the prior year and yet achieved basically a zero increase scenario. Councilmember Gag spoke of previous decisions that have resulted in the increased debt service and suggested the one thing the Council can control is to provide services to the residents and the proposed budget does that by maintaining a flat operating levy. Mayor Harycki pointed out that at its May budget workshop, the Council directed staff to prepare a zero percent increase budget, as well as a 10% decrease budget; he talked about involving employees in cost- saving suggestions. There was discussion about previous Council actions /discussions regarding bidding of contracts; City Administrator Hansen said he is preparing a complete list of all City contracts but budget has been his top priority so that task is not quite complete. City Council Meeting September 1, 2009 Councilmember Roush suggested there seems to be some confusion regarding what numbers to compare — the tax rate, which can vary based on assessed valuation, or total amount of tax dollars being levied against an individual family. City Administrator Hansen suggested looking at the total tax dollars levied, noting that the tax rate is a variable; he suggested that what is most important to the taxpayer is the amount being paid out, pointing out that if the budget as proposed is accepted; taxpayers will be writing a check for an amount Tess than last year. Councilmember Roush said the Council needs to come to a consensus on the budget priority — taxes out of pocket or tax rate. Mayor Harycki reiterated his concern regarding the tax rate, pointing out the City already has a high tax rate and that rate seems to be creeping up every year. Councilmember Polehna stated that the tax rate is based on debt service and why is there is a problem with the proposed operating budget when taxes are going down and core services are maintained. Motion by Councilmember Polehna, seconded by Councilmember Gag to accept the levy as presented. Mayor Harycki asked whether the motion included any of the most recent cuts suggested by the City Engineer ($38,250). Councilmember Polehna said not at this time, but those cuts could be considered at a later date if needed. Councilmember Roush asked if out of pocket taxes is a decrease. City Administrator Hansen stated yes, based on the information available to the City at this time. However he stated that the information is based on estimates provided by the County, but the basic answer would be that taxes would go down unless the estimates prove to be wrong. Ayes: Councilmember Cook, Gag, Polehna and Roush Nays: Mayor Harycki The meeting was recessed at 5:15 p.m. RECESSED MEETING Mayor Harycki reconvened the recessed meeting at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Page 3 of 13 7:00 P.M. City Council Meeting September 1, 2009 Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the special meeting minutes of August 11, 2009, and regular meeting minutes of August 18, 2009. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Financial Planning Week — October 5 -11, 2009 Mayor Harycki read a proclamation designating Oct. 5 -11 as Financial Planning Week in the City of Stillwater. United Way of Washington County East — Marna Canterbury Marna Canterbury, executive director of United Way of Washington County East, spoke about the mission of the local United Way. She explained that the local United Way focuses on local needs of local people, with decisions made by fellow community members, local volunteers who made funding decisions. She spoke of the three priority areas of the local agency — promoting the health and thriving of the children and youth of the community; helping people meet their basic needs and help restore their financial stability when it gets lost; and help improve health and independence with a special focus on elders and people with disabilities. She pointed out that people who give to the United Way at work can designate that their gift go to the local United Way, otherwise that gift will go to the United Way in which the workplace is located. OPEN FORUM Mike Robinson, 801 W. Pine St., suggested charging a fee for City property being used by a commercial venture, specifically property being used by the PD Pappy's patio and the restaurant's dumpsters. He said the lease establishes a rent for dumpsters placed on City land of $300 a month, and suggested a rent of $400 a month might be appropriate for those located closer to the river, such as the dumpster at PD Pappy's. He also suggested a rent of $1,500 might be appropriate for the property on which the patio is located based on rent received for property used for boat storage. He suggested that the City consider terminating the current license for the use of the properties at the end of this year and write a new license agreement with Stillwater Yacht Club that would Page 4 of 13 City Council Meeting September 1, 2009 institute the suggested rental fees beginning next year. He pointed out that it was expected that a fee would be charged in the original license agreement. Mayor Harycki asked City Attorney Magnuson to review the license; City Attorney Magnuson said the license agreement would allow the City to charge a fee if it so desired. It was agreed to have City Attorney Magnuson contact the owners of Stillwater Yacht Club and come back with a recommendation. Marcia Kilborne, 216 W. Wilkins, referred to a letter she had written to the Council in January 2009 and actions related to her property at 216 W. Wilkins. Mayor Harycki noted this issue is the subject of legal actions and closed Ms. Kilborne's comments. STAFF REPORTS Community Development Director Turnblad told the Council that the trash enclosure on Water Street south of Chestnut should be completed by this fall. He said information regarding possible ordinances for solar panels and wind turbines will be provided next month. Councilmember Roush spoke of an issue with wind turbines related to the optimum location of such structures. On a question by Councilmember Polehna, Mr. Turnblad said the last major pour for the parking ramp is scheduled for September 10, 2009, with substantial completion of the structure by November 1 and that the project is still basically on schedule. Public Works Director Sanders told the Council staff had met recently with the Corps of Engineers and the new project manager regarding the levee project. He said he had requested that the project manager provide an update for the Council in the next month or so. Councilmember Polehna asked about the Tiger funds for the new bridge. Mr. Sanders said he would check into it. City Administrator Hansen said letters of support had been submitted for the Tiger funds request by the Mayor and Washington County. Mayor Harycki asked City Administrator Hansen for clarification on the budget that taxes will be going down next year. City Administrator Hansen responded in the affirmative. Mayor Harycki stated that is based on the evaluation of property going down but about taxes on a property with the same valuation in 2010 as in 2009, what happens then. City Administrator Hansen stated it should go down slightly. Mayor Harycki asked how does that work when the tax rate goes up. He asked Finance Director Harrison the same question; she responded that the taxes would go up. City Administrator Hansen stated that the taxes were lowered from last year so if it did go up it would be insignificant. He reiterated that that the information is based on the estimates that the City has today, but that the Council can still make cuts before December. Page 5 of 13 City Council Meeting September 1, 2009 CONSENT AGENDA 1. Resolution 2009 -136, directing payment of bills 2. Resolution 2009 -137, approval of a contract with Amano McGann for parking revenue control equipment Motion by Councilmember Polehna, seconded by Councilmember Gag, moved approval of the Consent Agenda. Councilmember Cook questioned a bill related to property cleanup; Mr. Hansen said that is a bill for cleanup of an abandoned or foreclosed property, which is charged back to the property owner. Councilmember Cook also asked about a bill for Washington County Sherriff's Department services during Lumberjack Days; Mr. Hansen responded that the City pays the bill and there is reimbursement from St. Croix Events. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 09 -04. Consider a request from Marc Putman, Putman Planning and Design, for an amendment to the planned unit development for the sign guidelines and sign ordinance for the Village Commercial District, Liberty Village, 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 (tabled from July 28, 2009 meeting) Community Development Director Turnblad reviewed the request and highlighted the four specific signs that have been the subject of some disagreement in the previous discussions by staff and the various boards /commissions — a directional sign off the roundabout (F2) on City park property; rooftop signage; the number of allowable pylon signs; and the building directory signage, whether that signage should be flush to the building or projecting. On a question by Councilmember Polehna, Mr. Turnblad reviewed the recommendation regarding banner signage and the light pole signage. Mayor Harycki opened the public hearing. Marc Putman, landscape architect/applicant, spoke to the need for the signage due to the limited visibility created in part by the unique architecture of the commercial center. He suggested that the request poses no precedent- setting danger unless the request has the same criteria and circumstances as the Liberty commercial district. He also stated that this request is consistent with the original intent and design of the commercial district; he noted that the requested number of pylon signs (4) is shown in the original PUD. Councilmember Polehna asked what would be done with the signage on the garbage enclosures if this request is approved; Mr. Putman stated that signage hasn't been effective, so the request is that the signage remain but be made larger if the business owners so request and rotated to face the highway. It was clarified that the new, larger garbage enclosure signage could be used instead of a pylon sign, not be in Page 6 of 13 City Council Meeting September 1, 2009 addition to the pylon sign. Mayor Harycki clarified that final sign design and sign permit will be reviewed by the Heritage Preservation Commission; Mr. Putman said the hope is that enough detail has been provided that the Council can give final approval so the request does not have to go back before the HPC. Michael Oreck, president of the association of the commercial district owners, spoke of the need for signage for the various buildings due to the difficulty with visibility. He talked about the problem with turnover in his building and suggested that 75% of the turnover has been associated with the visibility aspect. He also pointed out that the design of the buildings, with many windows, limits the amount of signage that can be placed on the building to provide visibility to upstairs tenants. He said he would remove all the existing smaller signs he has because that signage is not readable or visible. Salvatore Rosa, 673 Eban Court, owner of Liberty House Cafe, spoke of the need for signage in order to attract new business. He said the building he is located in is not visible from either Manning Avenue or Myrtle Street; he spoke in favor of the rooftop signage along with the pylon signs. Paula Kroening, 213 Pine Hollow Green and member of the commercial association, said she wants the businesses to succeed but that she thought the requested signage may not be the answer. She said she thought the rooftop signage would not meet City ordinance and would not look attractive with all the other signage being requested; she also suggested the signage on the two structures proposed along Highway 12 to house refuse and provide location for signage and branding will obstruct views of businesses to be located there in the future. Jennifer Severson, Greater Stillwater Chamber of Commerce, said the request represents a great opportunity to support the new business district that the residents of Liberty enjoy. She encouraged the Council to remain pro- business and that signage and visibility are important factors in the success of those businesses. Councilmember Roush asked about a comparison in rents charged in the Liberty district as compared to other areas in town. Ms. Severson said there are some unique challenges at Liberty that affects the market, and that she could not speak to that question directly. Mr. Oreck provided information on the comparative rents for downtown Stillwater and his building. Sam Spain, 136 Liberty Parkway, president of the Pine Hollow Townhome Association, referred to a letter from Karen Erickson and petition signed by the homeowners against a sign on the clock tower and against signs on the flagpoles on the south side of Settler's Way and a sign by the tennis courts. Mayor Harycki asked if the association had taken a position regarding rooftop signage and the number of pylons. Mr. Spain said the association board has taken a position favoring two pylon signs. Bob Kroening, 213 Pine Hollow Green, said the proposal is more liberal than what the City allows in a business park district and felt that this would seen a little extreme for a neighborhood shopping district. While he said a case can be made for additional signage, he said he thought it would be appropriate for the allowable signage to fall Page 7 of 13 City Council Meeting September 1, 2009 somewhere between a business park district and a residential area district. He reviewed items agreed to in previous meetings (listed on page 3 of the staff report). No other comments were received, and the hearing was closed. Mayor Harycki said he would be comfortable with the resolution (staff recommendation) as written, noting that if two monument signs aren't sufficient, it may be necessary to add two additional signs in the future or perhaps rooftop signage as well in the future. There was some discussion of the signage on public property and the fact that would have to be approved separately by the Council or Park Board. City Attorney Magnuson pointed out use of public property has been an issue in other parts of the City and may require some form of license. Councilmember Roush suggested perhaps the signage could be a generic directional sign. Councilmember Gag said the Planning Commission felt there was enough justification for what is recommended by the staff, and suggested this is a generous act in the amount of signage being allowed. Councilmember Roush said his position regarding rooftop signage has changed since the Joint Board meeting, saying he had driven the area and thought the rooftop signage might be a safety issue. Councilmember Cook, who serves on the Heritage Preservation Commission, said she was very supportive of business but not convinced excessive signage is the answer to the situation and encouraged the businesses to work with the Chamber; and that she definitely would not favor rooftop signage and also was concerned with precedent. Councilmember Polehna verified that passing the resolution would mean the proposed signage on City property would have to come back to the Council and that the concerns by Pine Hollow residents regarding signs on the lights have been addressed. City Attorney Magnuson suggested several wording changes: in item b, change "shall" be approved to "must" be approved ... and a typo in Item C. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -138, a resolution approving an Amendment to the PUD for Liberty Village (Case No. 2009 -04), with the 8 conditions of approval and the language changes recommended by the City Attorney. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 8 of 13 City Council Meeting September 1, 2009 UNFINISHED BUSINESS Discussion on Stillwater Marathon Jennifer Severson, Greater Stillwater Chamber of Commerce, highlighted some of the information from the marathon survey results. She stated three surveys were conducted — a runners survey, area business survey and downtown business survey. She said the Chamber conducted all three of the web -based surveys. She reviewed the demographics reported, spending (economic impact), and some comments /feedback from participants. She said results of this survey were consistent with surveys conducted in association with other marathon events. Councilmember Cook noted the contract had stipulated that a survey be conducted by an independent third -party entity, not the Chamber, and that the selection of that third - party entity be approved by the City, Chamber, St. Croix Events and CVB. Councilmember Cook questioned the timing of the survey, suggesting it gives the appearance of not having an open and thoughtful process. She also questioned the process used to evaluate the survey results. City Administrator Hansen agreed the terms of the contract had not been followed to the letter, but that he left this item on the agenda as he had not heard any concerns from other members. Eric Thole, speaking on behalf of the marathon, asked Councilmember Cook whether her concern was that the Chamber is not an independent third -party. Mr. Thole said if that is an issue, that issue can be addressed for future events and spelled out more clearly in future contracts; he asked that the issue not hold up approval of next year's event. There was discussion of the contract language regarding third- party. Councilmember Cook pointed out the City is in the midst of establishing guidelines for special events. Councilmember Polehna spoke of the impact on the community as whole, not just downtown businesses. Councilmember Gag asked about the date, why another date wouldn't work, saying the Memorial Day weekend appears to be a sticking point. Dave Eckberg, St. Croix Events, reviewed dates of competing marathons and explained the date works best for them; he also pointed out runners were out of downtown by 7 a.m. Sunday morning and were finished by 1 p.m. Mr. Eckberg reviewed some of the aspects of the marathon including grants to local groups for assisting with the event, a $2,500 to the Chamber for downtown beautification, and demographics of participants. Councilmember Gag said he had attempted to view and evaluate firsthand all aspects of the event and that he thought the event was a real positive for the City. Councilmember Gag said he thought the contract was a good one, but agreed there may have been some negligence in following through on the process; he suggested doing as was done Page 9 of 13 City Council Meeting September 1, 2009 last year, giving conceptual approval and putting two people on a committee to work through the details of the contract. Mayor Harycki agreed the marathon was a good event. There was discussion of a beer promotion, which Councilmember Cook said eliminated some businesses from participating. Mayor Harycki suggested giving conceptual approval of the marathon and forming a committee including Councilmember Cook, himself and City Administrator Hansen to work out the details of a contract. City Attorney Magnuson said he thought the majority of the contact was good and could be reworked in a short time. Motion by Mayor Harycki, seconded by Councilmember Roush to form a committee including Councilmember Cook, the Mayor, Ms. Severson of the Greater Stillwater Chamber and City Administrator Hansen to work out the final details of a contract to be brought back to the Council at its September 15 meeting. Possible approval of Special Event & Temporary Liquor License for St. Croix Harvest Fest & Giant Pumpkin Weigh -off Jennifer Severson, Greater Stillwater Chamber, reviewed the event request. She said the event has been expanded to include a chili and beer tasting, thus the need for a temporary liquor license. She said they had worked with city staff to have the beer tasting in a fenced -off area to address concerns. Police Chief Gannaway said he had worked with organizers to address concerns and was satisfied with the plans. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the special event and temporary liquor license as presented. All in favor. Possible second reading of Ordinance 1010, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by revising the general procedures for height variance request Community Development Director Turnblad said since the last meeting, language has been added regarding the maximum height for wind turbines -- no portion of a wind turbine or appurtenances shall exceed the maximum height of the zoning district within which the wind turbine is located. Motion by Councilmember Roush, seconded by Mayor Harycki to adopt Ordinance 1010, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by revising the general procedures for height variance request. Ayes: Councilmembers Cook, Roush and Mayor Harycki Nays: Councilmembers Gag and Polehna Page 10 of 13 City Council Meeting September 1, 2009 NEW BUSINESS Declaration of costs, preparation of roll & calling for assessment hearing 2009 Sidewalk Rehabilitation Project Assistant Engineer Kraftson said the sidewalk project is about 75% complete. He noted that administrative and engineering costs were higher than the anticipated 30% of construction costs primarily due to the amount of work to rehabilitate sidewalks at 65 separate locations. The recommendation is to hold to the preliminary assessments of $5.47 per square foot rather than raise the assessments; he stated that will result in $20,416 being paid through assessments and $24,086 through City funds, a 46 -54 split. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009 -139, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2009 Sidewalk Rehabilitation Project (Project No. 2009 -05) and Resolution 2009 -140, resolution calling for hearing on proposed assessment for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible receiving of feasibility report and calling for improvement hearing for Washington Avenue Mill and Overlay Project (Project 2009 -10) Assistant Engineer Kraftson reviewed the proposed project. Total construction cost is estimated at $303,000, with engineering and administrative costs estimated at 20% of construction costs for a total of $364,000. He stated the City's assessment policy for the Industrial Park is to assess 100% of the cost of improvements to benefitting properties, even if the street is a designated State Aid road. He said the City has been approved for federal funds for this project. The proposal is to assess only the essential components of the project, the mill and overlay, striping and pedestrian ramp improvements; it is recommended that $239,000 of the project be assessed using the front footage method. The preliminary assessments to benefitting properties range from $7,452 to $23,315 and that additional project costs, such as storm sewer replacement and median work, would be paid through federal and state funding. Mayor Harycki asked how much of the project would be paid for with stimulus funds. Mr. Kraftson said the City has a pool of up to $280,000 in stimulus funds, with other state aid money used for the remainder of the cost. There was discussion about how much money this project would generate that might be available to do mill and overlay projects in other parts of the City. Mr. Kraftson reviewed a possible project schedule. Councilmember Polehna asked if any thought have been given to removing the islands. Mr. Kraftson said most businesses have adequate access, and there haven't been many issues with the islands. Mayor Harycki noted there are maintenance issues with the islands and suggested looking into removing the medians. Public Works Director Sanders pointed out that removing the medians would introduce more left turn traffic on Page 11 of 13 City Council Meeting September 1, 2009 Curve Crest which may be a safety issue; he also noted that stimulus funds could not be used for that work. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009 -141, resolution receiving report and calling hearing on Washington Avenue Mill and Overlay Project (Project 2009 -10). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible adoption of resolutions: Adopting the proposed tax levy for the payable year 2010, Adopting the proposed budget for the year 2010, and Setting payable 2010 Truth -N- Taxation Pubic Hearing dates Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -142, adopting the proposed tax levy for the payable year 2010. Ayes: Councilmembers Cook, Gag, Polehna and Roush Nays: Mayor Harycki Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2009 -143, adopting the proposed budget for the year 2010 Ayes: Councilmembers Cook, Gag, Polehna and Roush Nays: Mayor Harycki Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2009 -144, setting Payable 2010 Truth -N- Taxation Public Hearing Ayes: Councilmembers Cook, Gag, Polehna and Roush Nays: Mayor Harycki COUNCIL REQUEST ITEMS Mayor Harycki stated he had received a complaint regarding noise from the City Hall chiller. City Administrator Hansen said that has been an ongoing problem but that the unit is being repaired at the present time and the cover is off. When repairs are complete, Mr. Hansen said the cover will be replaced, and another plywood barrier put up to baffle the noise. Councilmember Roush said some residents on Eagle Ridge Trail have asked to the City look at the possibility of putting a recommended speed limit of 25 mph as it approaches Thorene traveling eastbound. Councilmember Roush also stated he had been contacted by a resident regarding the fact that there is no boat trailer parking available in the downtown area; he asked that the Parking Commission look at the feasibility of providing boat trailer /RV parking downtown. Page 12 of 13 City Council Meeting September 1, 2009 Mayor Harycki asked about the status of a suggestion that the Youth Services Bureau submit a contract for services provided. City Administrator Hansen stated the Youth Service Bureau is not funded in the budget presented; and that it may be possible if there is an unusual circumstance where there may be charge if the police department referred someone to the Youth Service Bureau that the agency couldn't collect for elsewhere. Councilmember Roush suggested forfeiture funds might be used for that. Mayor Harycki suggested discussing that issue up with Chief Gannaway at a later date. Councilmember Polehna invited members to attend a special speaker series sponsored by the Human Rights Commission and the Stillwater Public Library, the first of which will take place on September 16. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna to adjourn at 10:13 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2009 -136, directing payment of bills Resolution 2009 -137, approval of a contract with Amano McGann for parking revenue control equipment Resolution 2009 -138, a resolution approving an Amendment to the PUD for Liberty Village (Case No. 2009 -04) Resolution 2009 -139, resolution declaring cost to be assessed and ordering preparation of proposed assessment for 2009 Sidewalk Rehabilitation Project (Project No. 2009 -05) and Resolution 2009 -140, resolution calling for hearing on proposed assessment for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Resolution 2009 -141, resolution receiving report and calling hearing on Washington Avenue Mill and Overlay Project (Project 2009 -10). Resolution 2009 -142, adopting the proposed tax levy for the payable year 2010 Resolution 2009 -143, adopting the proposed budget for the year 2010 Resolution 2009 -144, setting Payable 2010 Truth -N- Taxation Public Hearing Ordinance 1010, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by revising the general procedures for height variance request Page 13 of 13 P. ater THE OIOTNEIACE OF MINNESOTA CITY COUNCIL MEETING September 15, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward 7:00 P.M. Mayor Harycki spoke of the tragic death of Police Officer Brienne Heroux. He noted that City Hall would be closed on Monday, September 21, so employees could attend the funeral. Mayor Harycki asked for a moment of silence in honor of Officer Heroux. PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES — September 1, 2009 Councilmember Roush asked that an item be added on the top of Page 3, specifically a question he asked Mr. Hansen as to whether this would be a tax decrease or tax increase and Mr. Hansen replied that it was a tax decrease. Councilmember Roush said the Council votes were based on that information given by Mr. Hansen. Mayor Harycki said he thought there was an inaccuracy under staff reports, citing the statement that "Mayor Harycki asked Mr. Hansen about taxes on a property with the same valuation in 2010 as 2009, whether taxes would go up due to the proposed tax increase. Mr. Hansen said if taxes go up it would be minimal." Mayor Harycki suggested that Council watch the video of the meeting, saying Mr. Hansen responded that taxes would go down and he then redirected the question to Ms. Harrison who gave the correct answer that taxes would be going up. Mayor Harycki suggested that approval of the minutes be delayed, saying he did not think they reflected accurately what happened at the last Council meeting. City Council Meeting September 15, 2009 Motion by Mayor Harycki, seconded by Councilmember Cook to table the approval of the September 1, 2009 minutes to the next meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Marathon Agreement — Dave Eckberq Mayor Harycki noted that he, Councilmember Cook and City Administrator Hansen served on the committee to work out the marathon agreement. He said most of the changes made from the last agreement were relatively small in nature. Councilmember Cook cited several items in the most recent version of the agreement she thought didn't reflect what had been agreed upon: the economic impact survey completed by the Minnesota Department of Tourism or a replacement party agreed to by St. Croix Events /Stillwater Marathon and the City. Ms. Cook said she thought St. Croix Events had also informally agreed to have the survey include a community impact as well as an economic impact. Mr. Hansen noted two other items that weren't in the agreement distributed at the meeting. He said St. Croix Events asked that there be language added that would allow them to provide food and non - alcoholic beverages, free of charge, to race participants; he also stated the insurance requirement will be increased to the Statute amount. Councilmember Cook said she would be opposed to the language regarding the provision of food /beverage unless it clearly states that vendors are not allowed. Dave Eckberg, St. Croix Events, said the intent is to enable them to provide participants with "recovery" items, standard finish line food, such as banana, orange, bagel, water, etc. He said the intent is not to have food vendors. City Attorney Magnuson suggested language: it does not prohibit St. Croix Events from providing free, standard recovery food and non - alcoholic beverages to race participants. Councilmember Roush noted that are several instances where the contract states St. Croix Events "will," "shall" or "must" and wondered about remedies for non - compliance. Mayor Harycki noted that this is a one -year contract so the remedy for non - compliance would be to put the third year of the event at risk. There was discussion regarding payments due the City. Councilmember Roush said he would be comfortable with the proposed contract if staff more closely monitors such agreements moving forward. Mayor Harycki asked City Administrator Hansen to update the Council work plan to include special events /contracts. Motion by Councilmember Cook, seconded by Councilmember Gag to adopt Resolution 2009 -149, approval of 2010 Stillwater Marathon Contract. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 2 of 12 1 City Council Meeting September 15, 2009 Resolution Concerning St. Croix Boom Site Marc Hugunin, executive director of Friends of Washington County and member of Friends of the St. Croix Boom Site, was present. Mayor Harycki read a resolution in support of the transfer of the St. Croix Boom Site from the ownership and management of the state of Minnesota to the National Park Service. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2009 -148, transfer of the St. Croix Boom Site Ownership and Management by the State of Minnesota to that of the National Park Service. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mr. Hugunin spoke of the ongoing work to get the Boom Site reopened to public access, along with the efforts to bring the resources to the Boom Site to realize the recreational potential of the site that is not being realized today. He stated it is the belief that the National Park Services has the resources to do the best job to meet the needs of St. Croix Valley residents and visitors. OPEN FORUM Bruce Chesin, operator of a small hot dog shop downtown, told the Council he had received a "courtesy" notice regarding an A -frame sign he has in front of his store. He said the sign in question is the same one approved by the City and one he paid a $50 permit fee to have. He said the notice indicates the sign is 6" too high and has to be removed by a certain date. Community Development Director Turnblad stated there are two issues: the sign is bigger than allowed, noting that the City gives a 6" allowance to begin with; also, there are two signs in front of this particular business and only one is permitted. Mr. Chesin admitted there were two signs, one indicating free water and treats for dogs, which he would be happy to remove. He stated that the business sign was not only approved by the City previously, it is also on private property, not on the sidewalk. It was agreed to have Mr. Turnblad and Planner Mike Pogge work with Mr. Chesin regarding this issue. Mr. Turnblad informed the Council that this was not something staff decided to do on its own, things are done by complaints downtown and if a complaint is received, staff is obligated to follow through on the complaint. STAFF REPORTS Police Chief Gannaway announced the funeral arrangements for Officer Heroux. He stated an account is being set up for the family at a local bank. Fire Chief Glaser said the fire department is working in support of their partners in public safety, noting that Officer Heroux was also a member of the Eagan Fire Department. Page 3 of 12 City Council Meeting September 15, 2009 Community Development Director Turnblad said St. Croix Boat and Packet has found a way to dispose of the Cayuga, at no cost to the City, if that is what the City wishes to do. Mayor Harycki suggested the Cayuga is a bigger liability than an asset. City Attorney Magnuson said he thought the City would be free to dispose of the craft just as it is free to dispose of surplus real estate. Motion by Mayor Harycki, seconded by Councilmember Roush to direct staff to work with St. Croix Boat & Packet on the disposal of the Cayuga. Councilmember Cook asked whether the City needed any additional protection against liability during the disposal process. City Attorney Magnuson said there would be a transfer of title with a hold harmless release. Councilmember Roush wondered whether removal of the boat would result in a change in the classification of the land use and water access. Mr. Magnuson said the right to use the property as the City does existed prior to the Wild and Scenic River Act of 1971 and because it is still used as a staging area for marine services, the land use wouldn't change if the Cayuga is removed. Councilmember Polehna asked about an agreement covering liability issues; Mayor Harycki said Mr. Magnuson could be directed to put together an agreement for the next meeting. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mr. Turnblad stated staff has researched information regarding housing and rental codes and said it appears that those cities that have been successful in implementing such codes are those that have been provided with resources in dedicated staff time for inspections. Mr. Turnblad suggested that developing and implementing some type of housing code that requires the support of more resources at this time isn't feasible. He further suggested putting together a housing code that the City has no intention of enforcing is the worst thing to do. Mayor Harycki asked that this issue be scheduled as a workshop topic for the first meeting in November. Councilmember Gag asked for additional information about potential costs to assist the Council in making a decision. Public Works Director Sanders stated the Minnesota Department of Transportation has indicated no work on the Highway 95 mill and overlay project will take place in Stillwater this year, with the exception of the removal of the railroad tracks at Chestnut Street, which will take place around the first of October. He said the work in downtown Stillwater is scheduled for April and May of next year. City Attorney Magnuson stated he has been in contact with St. Croix Yacht Club to discuss the license fee for the use of City property. He said a proposal will be presented at the next meeting. City Administrator Hansen said he is continuing to monitor budget information such as federal or state initiatives that might impact the budget. Page 4 of 12 City Council Meeting September 15, 2009 CONSENT AGENDA 1. Resolution 2009 -145, directing payment of bills 2. Resolution 2009 -146, approving Minnesota Historical Society Certified Government Grant Agreement 3. Resolution 2009 -147, accepting work and ordering final payment for Lift Station Improvements & Upgrades 4. Possible approval to purchase new, upgraded, Automatic External Defibrillators with grant money 5. Approval of Fire Prevention Week Sign /Banners Motion by Councilmember Roush, seconded by Councilmember Gag to approve the Consent Agenda. Mayor Harycki asked that the bill for Minnesota Mayors Association dues be pulled and not paid for. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the issuance of a new Wine & Strong Beer liquor license to Reve' 324. Inc.; DBA: Reve' 324 located at 324 South Main Street, Nathan Allen Utsch & Matthew Mark Stabenow, applicants. City Clerk Ward noted that approval should be contingent on approval by Police, Fire, Finance, Building departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were heard, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009 -150, approving issuance of the wine and strong beer liquor license to Reve' 324, Inc., DBA: Reve' 324, 324 Main Street South. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None The applicants briefly spoke to their plans for the new business. This is the date and time for the public hearing adopting the Assessment for the 2009 Street Improvement Project (Project 2009 -02, L.I. 382). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 4th and September 11th, 2009. Page 5 of 12 City Council Meeting September 15, 2009 Assistant Engineer Kraftson reviewed the 2009 street improvement project, including the project schedule, the project area, and the status of the remaining work, project costs and proposed assessments. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -151, resolution adopting assessment for 2009 Street Improvement Project (Project 2009- 02, L.I. 382). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Mayor Harycki, seconded by Councilmember Cook to adopt Resolution 2009 -152, resolution adopting deferred assessments for 2009 Street Improvement Project (Project 2009- 02, L.I. 382). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for the public hearing adopting the Assessment for the 2009 Mill and Overlay Project (Project 2009 -08, L.I. 384) (Tuenge, Shelton and East/West Ridge). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 4 and September 11, 2009. Assistant Engineer Kraftson reviewed the project schedule, project area, costs and proposed assessments. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Mayor Harycki asked whether the City is treating the Anez park property for weeds, referring to previous residents' concerns about the appearance of the property; Public Works Director Sanders responded in the affirmative. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -153, resolution adopting assessment for 2009 Mill and Overlay Project (Project 2009 -08, L.I. 384). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 6 of 12 City Council Meeting September 15, 2009 This is the date and time for the public hearing ordering the improvement and Preparation of Plans & Specifications for the Washington Avenue Mill and Overlay Project (Project 2009 -10). Notices were mailed to affected property owners and published in the Stillwater Gazette on September 4th and September 11th, 2009. Assistant Engineer Kraftson reviewed the proposed project and costs. He noted that it is proposed only the essential components of the project — mill and overlay, striping, pedestrian ramps — be assessed. He said the non - essential components — median work, sign replacement, storm sewer and pond improvements — would be paid with state aid funds, rather than be assessed. He provided information regarding median removal as requested by the Council; with the exception of one property, all businesses along Washington Avenue have full access whether directly to Washington or other roads to Washington Avenue. He stated medians and turn lanes do protect vehicles from oncoming traffic; if medians were to be removed, it would add a lot of access points and not meet spacing requirements for a major collector street. Mr. Kraftson also noted that if the medians were to be changed, driveways near Highway 36 could conflict with stacking at the stoplight. He said staff did look at the cost to remove and repave the median area, with the cost estimated at about $95,000. He said staff does not recommend removal of the medians for the above noted reasons. He reviewed the proposed project schedule, noting the City needs to bid the project in the winter with an anticipated spring construction. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -154, ordering improvement and preparation of plans and specifications for the Washington Avenue Mill and Overlay Project (Project 2009 -10). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS City Contracts Mayor Harycki noted this is a carry-over issue from the Council's May retreat. He referred to the list and would like staff to add a column with a suggestion as to whether the contract should be bid or not and bring the list back for consideration at a later date. Councilmember Gag said he thought it was helpful to have an exhaustive list, such as has been prepared and that what is needed is a policy and process, elements that are needed the next time the Council addresses this issue. Page 7 of 12 City Council Meeting September 15, 2009 City Administrator Hansen said he could certainly come back with a suggested bid column. Councilmember Polehna suggested a purchasing policy could easily be tied into this issue. City Administrator Hansen noted the City does have an existing purchasing policy which could be amended or updated. Councilmember Cook asked whether the contract list could also include information regarding the amount involved. It was the consensus of Council that the contract list come back to Council for review with Bid /No Bid and amounts of the contracts, as well as contract policy and amended purchase policy. Consider approval of a Change Order for the Parking Ramp Community Development Director Turnblad stated a request has been received from the general contractor to change the contract from $5,185,500 to $5,297,388, an increase of $111,888. He noted that $33,629 is pass- through costs. He stated the requested increase is due to soil conditions that were worse than expected. The good news is the project is still under budget, even with the increase in the contract cost. Councilmember Cook asked whether insurance could be purchased to address possible cost overruns; it was noted such insurance is not available, but a contingency fund is built into project costs. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -155, approval of Change Order #1 for the Stillwater Parking Ramp. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Possible approval of License Agreement for the reconstruction of Ridge Lane Drive Public Works Director Sanders noted there were three conditions for approval, including consent from adjacent property owners, signed license agreement and ensuring to the City that the work gets done properly. Mr. Sanders said some changes were made to address the concerns with the adjacent property owner and approval is recommended. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -156, approving license agreement for the reconstruction of a portion of Ridge Lane Drive Councilmember Polehna pointed out the insurance does not meet the statutory requirements of the City's liability and should be $1.5 million. Councilmember Gag agreed to amend his motion to include the change in the insurance requirement; Councilmember Polehna agreed to amend the second. Page 8 of 12 City Council Meeting September 15, 2009 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Consider civil litigation against Jennifer and Matthew MacDonald of 512 6th St. S. Community Development Director Turnblad reviewed the situation, noting that staff repeatedly had discussions with the property owner and notified the property owner on a number of occasions that the construction they were undertaking was not approved by permit, not approved by variance and was not legal by the City's zoning code. He noted that a stop work order was placed on site and all verbal and written warnings were ignored by the property owner. Mayor Harycki asked if legal costs could be billed back to the property owners. City Attorney Magnuson stated in this sort of enforcement action, there is no way to recover the legal costs. Councilmember Roush asked about any liability on the part of the contractor. Mr. Magnuson responded the responsibility would be the owner's and likely involve an injunction to remove the work or make modifications to the work to bring the work into compliance with codes. Councilmember Gag asked about the possibility of a fine to avoid going to court. Mr. Magnuson responded a fine could be levied in a criminal action, but this would be a civil action. Mayor Harycki asked if the building permit process could be amended to have owners' responsible for legal costs if a project is not in compliance; Mr. Magnuson agreed that might be a possibility. Councilmember Roush asked about possible actions against the contractor for ignoring the stop work order, such as withholding building permits for a period of time; Mr. Magnuson said it might be possible to pursue a misdemeanor violation and the City could look into making a license complaint with the state of Minnesota consumer protection division. Motion by Mayor Harycki, seconded by Councilmember Polehna to proceed with the civil litigation. All in favor. Possible approval of Donation of Vacation Pay City Administrator Hansen noted that this action is tragically late for the intended recipient but recommended passage should a similar emergency situation occur in the future. Page 9 of 12 City Council Meeting September 15, 2009 Motion Mayor Harycki, seconded by Councilmember Cook to adopt Resolution 2009 -157, adding Section 10 -2A — Vacation Time Donation to the City of Stiliwater's Personnel Policy. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Parking Restrictions on the North Side of Myrtle Street from Main Street to North Fifth Street Public Works Director Sanders stated this is a housekeeping matter to put official parking restrictions in compliance with existing signed parking restrictions. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009 -158, approve parking restrictions on the North Side of Myrtle Street from Main Street to North Fifth Street. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of reclassification of a part-time CSO position to part-time Police Officer position Police Chief Gannaway explained the request, noting that the part-time CSO officer is eligible to become a licensed officer and the intent is to make the part-time officer position a full -time position. Motion by Mayor Harycki, seconded by Councilmember Roush to approve the reclassification of one Community Service Officer position to a Part-time Police Officer position, including the change to full -time police officer position upon satisfactory completion of required employment testing. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COMMUNICATIONS /REQUESTS Mayor Harycki noted for the record that correspondence had been received from a person the City is involved with in litigation, Marcia Kilboume, 216 W. Wilkens St., and gave that correspondence to City Clerk Ward for the City records. COUNCIL REQUEST ITEMS Councilmember Cook referred to a recent article in the Star Tribune about how some cities are trying to deal with the economic realities of a longer -term condition, beyond the nips and tucks to real structural changes. She stated she had contacted Jim Miller, Page 10 of 12 City Council Meeting September 15, 2009 Executive Director of the League of Minnesota Cities, and that she would like to invite Mr. Miller to talk to the Council about what other cities are looking at in terms of solutions. It was agreed to contact Mr. Miller regarding a time for him to visit with the Council. Councilmember Roush spoke of the previous discussions about the possibility of a pier on Long Lake and asked about the desired timeline and the contact person, as there is a Scout interested in this as a possible Eagle Scout project. Mayor Harycki noted that proposal came from Brown's Creek Watershed District as a means of increasing the chances of state funding. It was suggested that next spring would be fine for a possible project. Mayor Harycki stated the bases of the lights in downtown are corroded from salt. Public Works Director Sanders pointed out the lights are owned by Xcel Energy; and that he had contacted Xcel about the matter. Councilmember Polehna stated he thought the City should have a leave without pay policy; City Administrator Hansen said the City did look at such a policy but never implemented it and that it is definitely on his list of things to do. ADJOURNMENT Councilmember Gag, seconded by Councilmember Polehna, moved to adjourn at 8:50 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2009 -145, directing payment of bills Resolution 2009 -146, approving Minnesota Historical Society Certified Government Grant Agreement Resolution 2009 -147, accepting work and ordering final payment for Lift Station Improvements & Upgrades Resolution 2009 -148, transfer of the St. Croix Boom Site Ownership and Management by the State of Minnesota to that of the National Park Service Resolution 2009 -149, approval of 2010 Stillwater Marathon Contract Page11 of 12 City Council Meeting September 15, 2009 Resolution 2009 -150, approving issuance of the wine and strong beer liquor license to Reve' 324, Inc., DBA: Reve' 324, 324 Main Street South Resolution 2009 -151, resolution adopting assessment for 2009 Street Improvement Project (Project 2009 -02, L.I. 382) Resolution 2009 -152, resolution adopting deferred assessments for 2009 Street Improvement Project (Project 2009 -02, L.I. 382) Resolution 2009 -153, resolution adopting assessment for 2009 Mill and Overlay Project (Project 2009 -08, L.I. 384) Resolution 2009 -154, ordering improvement and preparation of plans and specifications for the Washington Avenue Mill and Overlay Project (Project 2009 -10) Resolution 2009 -155, approval of Change Order #1 for the Stillwater Parking Ramp. Resolution 2009 -156, approving license agreement for the reconstruction of a portion of Ridge Lane Drive Resolution 2009 -157, adding Section 10 -2A — Vacation Time Donation to the City of Stillwater's Personnel Policy Resolution 2009 -158, approve parking restrictions on the North Side of Myrtle Street from Main Street to North Fifth Street Page 12 of 12 City of Mwaten, utt tottesota C hoeQamation WHEREAS, the City of Stillwater is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, roughly 3,000 people die as a result of home fires and burns, more than 200,000 individuals are seen in the nation's emergency rooms for burn injuries; and WHEREAS, thermal burns out number scalds nearly two -to -one, but for children ages five and under, scalds out number burns roughly two -to -one; and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths; and WHEREAS, the City of Stillwater's firefighters are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Stillwater's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2009 Fire Prevention Week theme, "Stay Fire Smart! Don't Get Burned" effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year- round. NOW, THEREFORE, I, KEN HARYCKI, MAYOR OF THE CITY OF STILLWATER, do hereby proclaim October 4 -10, 2009 as FIRE PREVENTION WEEK throughout the City, and 1 urge all the people of Stillwater to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2009, and to support the many public safety activities and efforts of the Stillwater Fire Departmen vtitayort Presented by the Stillwater Area Hockey Association 1 • Executive Summary • Purpose / Benefits • Usage • Location • Up -front Costs • Operating Costs • Our Request • SAHA proposed a refrigerated system at the Gar rec center three years ago to help with our ice shortage and create a "winter park" • Proposal is to re- introduce this project with just excavating, putting up lights, and flooding the area for this winter. Will consider refrigeration in the future if usage is what we expect • SAHA already raised money for this 3 years ago and will fund the up -front costs in exchange for free usage of a portion of the ice • Ongoing operating costs are minimal as infrastructure is already in place fiu� 3 ose urp Benefits • Gathering Place / Community Park Bring kids together outside instead of in front of the TV or computer (e.g. Roseville's John Rose Oval) Need more "family" activities in the area. We have one outdoor rink (very low compared to other cities) • Additional Ice Time SAHA is the 4th largest program in the state and growing — over 900 kids in the program! Cover ice shortage • Peak hour problem - currently kids are skating too late • Adult league ice time more reasonable Hockey alternative to SAHA 4 • Skill / Personal Development Additional ice for "pond hockey" • Additional Summer activities Soccer, Lacrosse, etc. • Groups Supporting (formally or informally) Stillwater Area Hockey Ice Skating Club Stillwater Lacrosse St. Croix Valley Athletic Association St. Croix Soccer Club Rec Center Operations 5 e • Winter ar Large enough space to create multiple areas for multiple uses • One area for SAHA teams to hold practices • Second area is a "public park" — free skating at all times Lighting so that it can but used mid -week when ice is most needed • Summer SAHA will sod in the spring Play field, lacrosse, soccer, football 4ILLWATE24) 0 6 Item: Lighting (either Musco or add to existing) Concrete for retaining walls, steps, etc. Excavating Border patrols to section rink Flooring for walkway, benches, etc. Structures for kids to put on skates SOD in the spring High Notes: 42,000 Craig Gallup at Musco 10,000 Materials only - labor donated 5,000 Mostly donated 4,500 4 sets from Athletica 2,000 Per Mike at LED Enterprises 7,500 Per Mike at LED Enterprises 5,000 Assume current prices hold SAHA will cover the above up -front costs in exchange for free use of a portion of the ice Funds are already available from previous fundraisers for this initiative 8 Electricity Extra employee at rec center Water Clearning snow (fuel /maint /etc) Total Costs Lights only 3 hours /day @ $15 /hr Just to flood Volunteers to help Operating costs are minimal as infrastructure is already in place at the Rec Center SAHA or sponsor will fund $5,000 per year to help cover operating costs in exchange for naming rights • Your approval to move forward with signing an agreement to get this work done. Again, SAHA will pay the upfront costs and the rec center will manage the daily operations of the facility. Requirement of city dollars is little to none. • This will be a great addition for the community — not just SAHA! 10 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -159 1ST Line /Leewes Ventures LLC A.W.I. Diversified L.L.C. AAA Striping Service Co. Action Rental, Inc. Adams Dave Adolfson & Peterson Constr. Al's Coffee Company Amdahl Locksmith, Inc. Chris Ancom Communication, Inc. Ancom Technical Center Aramark Uniform Services Aspen Mills Babcock Matt Board of Water Commissioner Bornt, Rich Brady Doug Braun Intertec Corporation Brines Market Bryan Rock Products, Inc. Campion, Barrow & Associates Carlson Sports Marketing Carquest Auto Parts Chestnut LLC CITI Clarey& Safety Equipment Clark, Luann Coca -Cola Bottling Company Cole Papers Comcast Commissioner of Transportation Community Thread County Materials Corporation CPMI Cub Foods Cummins NPower, LLC D & S Storage and Service, Inc. Dunbar Carmen Ecolab Emergency Automotive Technologies, Inc. Emergency Medical Products, In Ess Brothers & Sons Inc. Farm Plan Festive Outfitters, Inc. Fury Dodge Chrysler Concession Supplies Repair Bench White and Yellow Road Paint Concrete Boot Reimbursement Stillwater Parking Ramp Coffee Supplies Service call Repair Lock 2nd Floor Minitor IV Battery , Battery Pack Repair Radio Uniforms Uniforms Work Boots Repair at 2021 Lake St, Myrtle & Martha Mileage Mileage to Grand Rapids & Back Stillwater Parking Ramp Meals for Aug 11, 09 Lime Medical Evaluations DQ Advertising Vehicle Repair Supplies Six Parking Stalls Leased Refund Overpayment 2009 Street Assessmen Spring Cleaning City Hall & Public Works Soda for Concessions Toilet Tissue, Roll Towels and Tork Towel Cable MN Dot Mill Overlay 4th & Final Installment 2009 Contributio Concrete Rings Stillwater Parking Ramp Concession Supplies Lube Filter Maintenance Boston Whaler Boat Park Deposit Refund Lowell Park Laundry Soap New Squads Outfitted Respirator Sanitary Manholes Lift Arm Pin Lily Lake Consulting on Equipment Vehicle Maintenance 907.11 300.00 8,442.78 625.22 25.96 1,037,426.25 816.50 146.00 227.64 13.36 762.09 1,209.48 63.29 6,239.56 5.50 278.85 13,670.75 65.33 93.60 1,170.00 1,826.80 216.77 120.00 96.66 151.17 1,152.50 1,027.20 599.77 64.18 26,375.66 3,818.75 2,269.84 2,522.79 11.46 22.06 102.31 100.00 374.79 24,415.84 311.10 5,331.99 8.78 800.00 409.91 EXHIBIT " A" TO RESOLUTION #2009 -159 Grafix Shoppe Grand Prix Vending Hartland Fuel Products, LLC Haussner Plumbing, LLC Hedberg Aggregates Helke's Tree Service Images of the Past Infratech, Inc. Jefferson Fire & Safety, Inc. Jerry's Skating World, Inc. Kennedy, Michele L & D Sign Lake Country Door, LLC Lakeview Hospital League of MN Cities Insurance Trust LSA Design, Inc. Luoma, Kathleen M J Raleigh Truck Co. Mac Queen Equipment Inc. Magnuson Law Firm David Magnuson dba Mann Valley Contracting Mark Willis Construction Association Menards Metro Fire Metropolitan Council Miller Excavating MN Dept of Labor & Industry MN Dept. of Public Safety MSA MSTMA Fall Workshop MTI Distributing Nardini Fire Equipment New England Sports Sales, Inc. Newman Signs Northeast WI Technical College Office Depot OnSite Sanitation Papco, Inc. Pogge Michel Professional Wireless Communications R & R Specialties, Inc. Reed's Sales & Service Richard D. Johnson, Consulting Actuary Rick's 36 Automotive Service River Valley Printing Inc. Reserve Lettering for Crown Vic Concession Supplies Fuel Repair Vater Pipe Leak in Mech Room Storm Sewer Repair Tree Trimming Out Lab Printing, Custom U Clean and Vac Lift Station Morning Pride Tails Coat Repaired Pro Shop Supplies Refund Plyo Class Repair Lights Repair Door Legal Blood Draws 4th Installment Workers Comp Stillwater Parking Ramp Refund Piyo Class Sewer Line work on McKusick Loop Trail Vehicle Maintenance Supplies Professional Services Grading Escrow Refund Grading Escrow Refund Equipment Repair Supplies Helmet's Sept 2009 SAC Charge Myrtle Street Ravine /Curve Crest Pond Operating Permit Elevator 07997 2 Forfeitures Title & Registration Registration Form Certified Arborist Fall Workshop Oct 22,2009 Caster Wheels for Toro Groundmaster Foam Equipment Skate Shop Sign Blanks Taser Class Hansen Office Supplies Unit Rental Batteries for Floor Scrubber Mileage to Historic Preservation Conf 2 Replacement Portable Radios Repair Zamboni Module Ignition Actuarial Attestation for Retiree RX Air Conditioning and Alignment Business Cards Wulfing Page 2 72.15 199.20 7,480.33 120.00 294.71 1,050.00 136.80 4,095.00 31.56 435.96 150.00 1,884.57 194.00 40.00 44,799.00 24,768.48 150.00 49,375.98 33.88 7,626.83 1,500.00 1,500.00 190.64 543.68 5,940.00 35,116.37 6,812.12 40.00 145.00 50.00 371.27 700.03 208.78 2,837.54 395.00 467.35 1,178.80 363.38 68.20 1,720.61 858.16 42.22 1,250.00 1,951.24 44.89 EXHIBIT " A" TO RESOLUTION #2009 -159 Rose Floral Ruffridge Johnson Equip. Co. Safety - Kleen Systems Inc. Signal Pro Equipment Signature Lighting, Inc. Sprint PCS St. Croix Boat & Packet Co. Standard Truck & Auto Steil, Rachel Stillwater Equipment Co Stillwater Gazette Stillwater Motor Company Stillwater Towing Sun Newspapers T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Toll Gas &Welding Supply Tomten Roger Tower Asphalt, Inc. Tri State Bobcat, Inc. USAble VenTek International, Inc Verizon Wireless Volunteer Firefighters Benefit Washington County Property Records Washington County Public Safety Radio Washington County Transportation Waste Management - Blaine Watson Company, Inc. The West Government Services Yocum Oil Company Youth Service Bureau Zayo Enterprise Networks,LLC LIBRARY Ace Hardware Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental Beaudet, Michelle Blair, Ed Blocher, Carolyn BWI Book Cameron,Riley Bedding Plants Equipment Repair Supplies Waste Oil Service Equipment Repair Supplies King Globes Teddy Bear Park CeII Phone August Arena Billing Vehicle Repair Charges Refund Skate School Batteries 2 Subscriptions Vehicle Repair Adapters for RV Trailer Special Use Permit 9 -38 Asphalt and tack oil Oxygen, Hazardous Materials Welding Machine Repair Mileage Historic Preservation Conference 2009 Street Improvement Project Equipment Repair Supplies Life Insurance Parking Lot Bill Acceptor & Supplies CeII Phone Annual Insurance 4 Part Time Firefighter Documents Recorded August 800 mhz radios Labor Hours & Fringe Garbage Waiver & Extra Pick Ups Library Concession Supplies Aug Contract Charges for CLEAR Car Washes Squads Final Installment 2009 Contribution Telephone Janitorial Supplies Library Materials Library Materials Rental Books Event Preparation Event Preparation Expenses Children's Books Event Preparation Page 3 42.29 94.79 24.50 161.86 974.70 122.94 52,836.11 14.96 65.00 236.71 218.00 31.07 89.06 580.60 2,634.53 58.54 179.96 114.40 365,085.85 575.32 406.32 309.36 1,576.76 38.00 240.00 1,566.98 40.63 103.24 176.44 84.70 3,231.90 25,350.00 528.99 1.99 3,135.18 211.36 548.54 60.39 35.53 147.37 24.15 14.21 EXHIBIT " A" TO RESOLUTION #2009 -159 Page 4 Coffee House Press Comcast Johnson, Alec Mid America Business Systems Minnesota Genealogical Society NADA Nardini National Geographic National Trust for Historic Preservation Office Depot Peterson, Andy Random House Trent, Richard Trent, Sara Viking Sprinkler Washington County Library Xcel Energy SEPTEMBER MANUALS Minnesota Post Board Qwest US Postal Service Washington County License Center Xcel Books Telecommunications Event Preparation Supplies Subscription Reference Subscription Fire Extinguisher Maintenance Adult Non Fiction Book Subscription Office Supplies Event Preparation Audio Books Event Preparation Professional Services Inspection Telecommunications & Data Source Electricity,Gas Peace Officer License Telephone Postage Police Tabs Electricity, Gas 108.43 49.90 74.61 222.00 35.00 72.00 150.00 15.90 15.00 390.97 78.16 384.80 42.63 166.80 600.00 2,228.54 4,110.69 90.00 309.62 3,000.00 11.25 33,106.62 a e� Administration Memorandum To: Mayor & City Council From: City Administrator Hansen Date: 9/29/2009 Re: Railroad Land Lease In December of 2000 the City of Stillwater assumed the Railroad's interest in a lease with St. Croix Boat & Packet. Mr. Anderson was paying the railroad $6,180.00 per year. Since the City has assumed the lease it has been raised 2.5 -3.0% per year. Last year the bill was $7,540.63. If we add the 3.0% again this year the bill will be $7,766.85. RECOMMENDATION: recommend that St. Croix Boat & Packet be charged $7,766.85 for the lease year of September 2009 — September 2010. MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials Management Division ( "Division ") and ( "Authorized Entity "). Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and governmental units (as defined in Minn. Stat. § 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. § 16C.11, and the Authorized Entity wish to combine their purchasing functions, as specifically provided below, so that the Authorized Entity may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, and may be renewed on an annual basis not to exceed five years. This joint powers agreement may be canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make its contracts for commodities and services, as listed on the State of Minnesota's Contract Index, available to the Authorized Entity. 3. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Entity must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Entity's governing body. The Authorized Entity must send purchase orders directly to the applicable vendor and will make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized Entity will not use the goods available under the Division's contracts for the purposes of resale. The Authorized Entity must be the end user of the goods purchased. 4. Liability. The Authorized Entity agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Entity. The Authorized Entity will indemnify, save and hold harmless the Division and its employees from any loss, damage or MMD -CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (07/2009) MS § 471.59, Subd. 1 MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Entity's use of this joint powers agreement and from any dispute or claim arising from any transaction between the Authorized Entity and the Division's vendors, whether or not the Toss, damage, dispute or claim arises during or after the period of this cooperative agreement. The Division's liability will be governed by the provisions of Minn. Stat. § 3.736. AUTHORIZED ENTITY "Authorized Entity certifies that the appropriate person(s) have executed this cooperative agreement on behalf of the Authorized Entity as required by applicable articles, bylaws, resolutions or ordinances." STATE OF MINNESOTA "By Delegation" By: By: (Authorized Signature) Materials Management Division (Title) (Date) Permit Number /Access Code: (Address) (Date) MMD -CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (07/2009) MS § 471.59, Subd. 1 MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer `71% DATE: September 29, 2009 SUBJECT: 2009 Sidewalk Rehabilitation Project Assessment Hearing and Adoption of Assessment Roll Project 2009 -05, L.I. 385 DISCUSSION: The work for the 2009 Sidewalk Rehabilitation Project has been completed. The estimated total cost of the project amounts to $45,917.50. An amount of $1,415 was designated for sidewalk adjacent to City property. There were 65 private properties assessed with 3,732 square feet of sidewalk. The resident assessment amount for this year's project is $20,416.00 at a rate of $5.47 per square foot of sidewalk replaced. The assessment period is for 5 years at an interest rate of 4.5 percent. To date we have not received any letters of objection to the assessments. RECOMMENDATION: Staff recommends that Council hold the assessment hearing and adopt the attached assessment roll for the 2009 Sidewalk Rehabilitation Project. ACTION REQUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2009- , RESOLUTION ADOPTING ASSESSMENT FOR 2009 SIDEWALK REHABILITATION PROJECT (PROJECT 2009 -05, L.I. 385) RESOLUTION ADOPTING ASSESSMENT FOR 2009 SIDEWALK REHABILITATION PROJECT (PROJECT 2009 -05, L.I. 385) WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment 2009 Sidewalk Rehabilitation Project for the following properties. 1203 Owens St N, 424 3rd St N, 217 2nd St N, 504 Hickory St W, 313 Greeley St S, 422 William St S, 510 Greeley St S, 425 Greeley St S, 930 Willard St W, 419 Harriet St S, 607 Pine St W, 233 2nd St S, 302 2nd St S, 112 Main St N, 114 Main St N, 127 Water St S, 110 Pine St E, 507 Broadway St S, 197 Maryknoll Dr, 145 Northland Ave, 130 Northland Ave, 220 Northland Ave, 404 Northland Ave, 419 Northland Ave, 1026 Northland Ave, 3484 Liberty Ave, 1035 Delano Way, 3502 Judd Trl, 3512 Judd Trl, 3522 Judd Trl, 3532 Judd Trl, 3542 Judd Trl, 3552 Judd Trl, 3562 Judd Trl, 3572 Judd Trl, 1050 Gilbert Ct, 1448 Benson Blvd W, 2307 Hidden Valley Ln, 644 Sunrise Ave, 602 Sunrise Ave, 2507 Croixwood Blvd, 617 Sunrise Ave, 2500 Orleans St, 854 Sunrise Ave, 913 Sunrise Ave, 2601 Orleans St W, 1801 Market Dr, 808 1st St S, 813 3rd St S, 805 3rd St S, 904 3rd St S, 1015 4th St S, 1009 4th St S, 911 7th St S, 902 4th St S, 924 4th St S, 1342 4th St S, 1118 4th St S, 1322 6th Ave S, 622 Churchill St W, 523 Marsh St W, 1602 Greeley St S. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2010, and shall bear interest at the rate of four and one half (4t /2 %) percent per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 16, 2009. If the assessment is not paid by November 16, 2009, accrued interest from the date of the adoption of the assessment roll through December 31, 2009 will be added with the first installment due in 2010. If payment is not received by November 16, 2009, the amount listed above will be collected over a 5 -year period with interest added at 41/2% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 6th day of October 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ASSESSMENT PERIOD: 5 YEARS INTEREST RATE: 4.5% PRELIMINARY ASSESSMENT ROLL 2009 SIDEWALK REHABILITATION PROJECT PROJECT 2009 -05, L.I. 385 Square Foot Cost: $l GEOCODE Property Address Property Taxpayer Owner Taxpayer Street Taxpayer City State Zip Width Length Area Total Asmt 2103020330042 1203 OWENS ST N 55082 STILLWATER COUNTRY CLUB APTS 1161 WAYZATA BLVD #312 WAYZATA MN 55391 4.0 4.8 19.2 $105.02 2803020130098 424 3RD ST N 55082 LOREN L & CAROL M CARVER 424 3RD ST N STILLWATER MN 55082 5.0 5.2 26.0 $142.22 2803020130165 217 2ND ST N 55082 FLYING DUTCHMAN LLC 9351 OTCHIPWE AVE N STILLWATER MN 55082 5.2 3.0 15.6 $85.33 2803020210096 504 HICKORY ST W 55082 JEFFREY M & MCCARTHY B VELIN 504 HICKORY ST W STILLWATER MN 55082 6.1 5.6 34.2 $186.86 2803020330001 313 GREELEY ST S 55082 GPH STILLWATER GREELEY LLC, ATTN VAN MA PO BOX 160488 ALTAMONTE SPR FL 32716 5.0 10.2 51.0 $278.97 2803020330051 422 WILLIAM ST S 55082 TRACY N & ANITA M TUENGE 422 S WILLIAM ST STILLWATER MN 55082 6.0 37.5 225.0 $1,230.75 2803020330086 510 GREELEY ST S 55082 STEPHANIE & JASON A DAY 510 GREELEY ST S STILLWATER MN 55082 6.1 5.1 31.1 $170.17 2803020330091 425 GREELEY ST S 55082 DONALD W MARTIN JR 425 GREELEY ST S STILLWATER MN 55082 6.2 9.0 55.8 $305.23 2803020330098 930 WILLARD ST W 55082 JEAN M MCGEE 930 W WILLARD ST STILLWATER MN 55082 5.0 8.2 40.8 $222.90 2803020340070 419 HARRIET ST S 55082 JOHN D SCHEIBE 419 HARRIET ST STILLWATER MN 55082 5.0 3.9 19.5 $0.00 2803020340121 607 PINE ST W 55082 DONALD A & JOANNE M PEDERSON 607 PINE ST W STILLWATER MN 55082 5.5 17.1 94.1 $514.45 2803020410070 233 2ND ST S 55082 MICHAEL G & JULIANN MCGUIRE 1246 HIGHWAY 35 HUDSON WI 54016 6.0 8.8 52.8 $288.82 2803020410087 302 2ND ST S 55082 QWEST, TAX DEPT 25TH FLOOR 1801 CALIFORNIA ST, STE 2500 DENVER CO 80202 7.4 3.0 22.2 $121.43 2803020410105 112 MAIN ST N 55082 D J COMPANIES STILLWATER LLC 487 PERCH LK RD HUDSON WI 54016 6.1 6.5 39.7 $216.89 2803020410106 114 MAIN ST N 55082 GAYLE ROETTGER 114 MAIN ST N STILLWATER MN 55082 6.1 6.5 39.7 $216.89 2803020410116 127 WATER ST S 55082 ST CROIX PRESERVATION CO INC 101 WATER ST S STILLWATER MN 55082 4.8 9.8 47.0 $257.31 2803020440027 110 PINE ST E 55082 SUPERVALU INC 11840 VALLEY VIEW RD EDEN PRAIRIE MN 55344 6.2 4.5 27.9 $152.61 2803020440066 507 BROADWAY ST S 55082 DAVID & KATHLEEN NEWMAN 507 BROADWAY ST S STILLWATER MN 55082 6.2 6.1 37.8 $206.88 2903020320038 197 MARYKNOLL DR 55082 FRANK J & MARY E PIONTEK 197 MARYKNOLL DR STILLWATER MN 55082 4.0 10.0 40.0 $218.80 3003020410008 145 NORTHLAND AVE 55082 WILLIAM E & GLENDA I BJORUM 145 NORTHLAND AVE STILLWATER MN 55082 4.0 15.0 60.0 $328.20 3003020410030 130 NORTHLAND AVE 55082 PATRICK L ZEULI TRS 130 NORTHLAND AVE STILLWATER MN 55082 4.0 10.0 40.0 $218.80 3003020440010 220 NORTHLAND AVE 55082 PATRICIA GRACE SWANSON 220 NORTHLAND AVE STILLWATER MN 55082 4.0 20.6 82.4 $450.73 3003020440015 404 NORTHLAND AVE 55082 EMIL L & JUDITH M BRANDT 404 NORTHLAND AVE STILLWATER MN 55082 4.0 15.2 60.8 $332.58 3003020440024 419 NORTHLAND AVE 55082 CAROL M KARSNIA TRS 419 NORTHLAND AVE STILLWATER MN 55082 5.0 4.0 20.0 $109.40 3103020140017 1026 NORTHLAND AVE 55082 ROGER P & MANETA M MIKULAK 1026 NORTHLAND AVE STILLWATER MN 55082 4.0 7.8 31.2 $170.66 3103020220012 3484 LIBERTY AVE 55082 ELIZABETH A WELKE 3484 LIBERTY AVE STILLWATER MN 55082 5.0 11.7 58.5 $320.00 3103020240025 1035 DELANO WAY 55082 STEVEN & SUSAN RINKER 1035 DELANO WAY STILLWATER MN 55082 5.0 10.0 50.0 $273.50 3103020320135 3502 JUDD TRL 55082 DOROTHY A TURNQUIST 3502 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320136 3512 JUDD TRL 55082 JEFFREY J LARSON 3512 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320137 3522 JUDD TRL 55082 ARTURO T AGUIRRE & MARCELA MENDOZA 3522 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320138 3532 JUDD TRL 55082 BRENT & TIMEA P BANCHY 3532 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320139 3542 JUDD TRL 55082 JEANNE M STALOCH 3542 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320140 3552 JUDD TRL 55082 REID TSCHUMPERLIN 3552 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320141 3562 JUDD TRL 55082 RAVI KUMAR KOMARAGIRI 3562 JUDD TRL STILLWATER MN 55082 5.0 1.8 9.2 $50.32 3103020320142 3572 JUDD TRL 55082 BETTE H MILLER 31103 327TH AVE AITKIN MN 56431 5.0 1.8 9.2 $50.32 RICH ARt NAUM4N'KINGWOOt 'MANAGEMENT. 14524 54Th ST,C"`EN, STILLWATER:: MN , ' 55082 3203020120053 1050 GILBERT CT 55082 TAMARA CARTER KINCAID 1050 GILBERT CT STILLWATER MN 55082 4.9 1.4 6.9 $37.52 3203020130010 1448 BENSON BLVD W 55082 NERMEEN YOWAKIM & THARWAT YOUSSEF 1448 BENSON BLVD W STILLWATER MN 55082 5.3 5.1 26.8 $146.46 3203020210055 2307 HIDDEN VALLEY LN 55082 STEVEN E & LEZLIE DEMARS 2307 HIDDEN VALLEY LN STILLWATER MN 55082 4.0 5.0 20.0 $109.40 3203020220037 644 SUNRISE AVE 55082 RONALD & DARLENE FERKINGSTAD 644 SUNRISE AVE STILLWATER MN 55082 4.0 12.0 48.0 $262.56 3203020220040 602 SUNRISE AVE 55082 ROBERT J & JUDITH L CRAWLEY 602 SUNRISE AVE STILLWATER MN 55082 4.0 7.5 30.0 $164.10 3203020220043 2507 CROIXWOOD BLVD 55082 RAYMOND L & SHARON POSKOZIM 2507 CROIXWOOD BLVD STILLWATER MN 55082 4.0 4.5 18.0 $98.46 3203020220089 617 SUNRISE AVE 55082 CARL A & THERESA A BLONDIN 617 SUNRISE AVE STILLWATER MN 55082 4.0 9.4 37.6 $205.67 3203020230001 2500 ORLEANS ST 55082 YM 38 LLC, YOCUM PROP LLC 2719 STILLWATER RD MAPLEWOOD MN 55119 5.0 12.0 60.0 $328.20 3203020230021 854 SUNRISE AVE 55082 MARGE S JACOBSEN 854 SUNRISE AVE STILLWATER MN 55082 4.0 4.0 16.0 $87.52 3203020230041 913 SUNRISE AVE 55082 DOUGLAS E & JEANNINE STITELER 913 SUNRISE AVE STILLWATER MN 55082 4.0 8.1 32.4 $177.23 3203020320002 2601 ORLEANS ST W 55082 WELLS FARGO BANK N A, ATTN THOMSON PRC PO BOX 2609 CARLSBAD CA 92018 4.8 10.8 51.8 $283.56 3203020330006 1801 MARKET DR 55082 SUPERVALU HOLDINGS INC, ATTN:REAL ESTAT 11840 VALLEY VIEW RD EDEN PRAIRIE MN 55344 5.0 12.5 62.5 $341.88 3303020110025 808 1ST ST S 55082 ELIZABETH A CALDERONE 808 1ST ST S STILLWATER MN 55082 6.9 5.4 37.3 $203.81 3303020110045 813 3RD ST S 55082 PATRICK J & ANGELINA CORBETT 813 S 3RD ST STILLWATER MN 55082 4.0 4.0 16.0 $87.52 3303020110048 805 3RD ST S 55082 MICHAEL J CANNING, OLGA MICHTCHENKO 805 3RD ST S STILLWATER MN 55082 5.1 4.0 20.4 $111.59 3303020110071 904 3RD ST S 55082 ELEANOR M SAMUELSON LIVING TRU 904 3RD STS STILLWATER MN 55082 2.6 12.5 32.4 $177.49 3303020110082 1015 4TH ST S 55082 RICHARD J & EILEEN BERGMANN 5500 LAKE ELMO AVE N LAKE ELMO MN 55042 6.0 6.2 37.2 $203.48 3303020110083 1009 4TH ST S 55082 BARBARA L ROSE ETAL 1009 4TH ST S STILLWATER MN 55082 6.0 17.7 106.2 5580.91 3303020120120 911 7TH ST S 55082 PAUL DELEON 911 7TH ST S STILLWATER MN 55082 5.0 4.0 20.0 $109.40 3303020120141 902 4TH ST S 55082 EMERSON PROP LP 11678 20TH STN LAKE ELMO MN 55042 9.0 75.0 675.0 $3,692.25 3303020120146 924 4TH ST S 55082 GEORGE V & SHARON L DIETHERT 924 4TH ST S STILLWATER MN 55082 6.0 6.3 37.8 $206.77 1 of 2 ASSESSMENT PERIOD: 5 YEARS INTEREST RATE: 4.5% PRELIMINARY ASSESSMENT ROLL 2009 SIDEWALK REHABILITATION PROJECT PROJECT 2009 -05, L.I. 385 Square Foot Cost: $5.47 3303020130013 3303020130039 3303020140071 3303020210054 3303020240003 3303020320036 1342 1118 1322 622 523 1602 4TH 4TH 6TH CHURCHILL MARSH GREELEY AVE 55082 55082 55082 55082 55082 55082 DONALD J & DENISE M WEITALA RICHARD L BALFANZ JASON & HEIDI & WENDY ANDERSON l�d�:l.1_1,7.LLL11Jy_1� E.`A��:I�:iyhl�.11r�3�l�i>. IND SCH DIST #834 ATTN. TONY WILLGER RENNIE & DEBRA K SMITH 541 HOMEWOOD AVE 1118S 4TH ST 1322 6TH AVE S 622 CHURCHILL ST 1875 S GREELEY ST 397 169TH AVE ST PAUL STILLWATER STILLWATER STILLWATER STILLWATER SOMERSET ®® MEI 55082 7.0 16.0 112.0 6.1 2.1 12.8 55082 3.0 4.1 12.3 55082 4.0 7.4 29.6 55082 8.0 63.5 508.0 4.0 9.3 37.2 $612.64 $70.07 $67.28 $161.91 $2,778.76 $203.48 s'Judd Trail Assessments (Stillwater Crossing) mail total amount for association asmts Waiver of Assmt & Appeal signed rna u ma n a kingwood ma nagement. com 2 of 2 439 -7812 x 414 Memorandum To: Mayor & City Council From: Diane F. Ward, City Clerk Date: 9/30/2009 Re: Board of Review Duties In January 2007 the City Council, by resolution, transferred the Local Board Meeting responsibilities to the County for three years, which ends December 31, 2009. Cities are allowed to transfer these responsibilities to the County for a minimum of three years or permanently, however should Council wish to have the responsibilities transferred back to the City Council a one -year notice is required. Washington County provides assessing services for 26 of the 33 communities within the County. The other 7 hire a local assessor. Of those 26 that are county assessed, 14 communities have opted to transfer their Board of Review Duties to the County. For those 14 communities, we hold four regional Open Book meetings (they were held in Woodbury, Oakdale, Cottage Grove and Stillwater (County Govt. Center)). A property owner in Stillwater may attend any of those four meetings to meet with an appraiser to discuss valuation questions. Open Book meetings provide an opportunity for the property owner and appraiser to meet face -to -face and to set up appointments to review property (something that is almost always necessary in these situations. If a property owner is not satisfied that their concerns were addressed through this meeting, they have the right to appeal to the County Board of Appeal and Equalization and ultimately to Tax Court if they wish to do so. If the City of Stillwater would choose to go back to holding a Local Board of Appeal meeting, here are some items to consider: 1. The City would need to provide and publish notice of the meeting date and time, in addition to the notice that is contained on the valuation notice. 2. By state law, at least one member of the city council would need to attend training put on the Department of Revenue on the roles and responsibilities of the local board. At least one trained member must be in attendance at the local board meeting. 3. Most local board meetings are requiring a second meeting in order to address the issues raised at the first meeting, therefore two meetings should be anticipated. 4. By law, a Stillwater property owner must attend the local board of appeal meeting, or they may not appeal further to the County Board of Appeal and Equalization. ACTION REQUIRED: Determine if the Council wishes the Board of Review responsibilities be transferred to Washington County again and for how long. This requires a resolution for Washington County to take over the responsibilities. APPROVING TRANSFER OF THE CITY'S BOARD OF REVIEW DUTIES TO WASHINGTON COUNTY WHEREAS, Minnesota Statutes 274.01 Subdivision 3 allows the town board of any town or governing body of any city to transfer its powers and duties to the county board permanently or for a minimum of three years; and WHEREAS, in January 2007 the city transferred its duties to the county board for a period of three years which ends December 31, 2009; and WHEREAS, the county continues to perform the assessment function on behalf of the city. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that the Mayor and City Clerk are hereby authorized and directed to approve the transfer of the City's Board of Review duties to the Washington County for a three (3) year period ending December 31, 2012. Adopted by the Stillwater City Council this 6th day of October, 2009. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk MEMORANDUM OF UNDERSTANDING This Agreement, dated this day of September, 2009, between the CITY OF STILLWATER, Washington County, Minnesota, a Home Rule City of the Third Class, and political subdivision of the State of Minnesota (the "City "), and FRIENDS OF STILLWATER AREA DOG PARK, INC., a Minnesota non - profit corporation ( "Friends "). RECITALS The City has committed to support fundraising efforts of Friends, other non - profit entities, and governmental subdivisions interested in securing the capital funds necessary to undertake the development of a Dog Park. Friends has been formed by individuals from the community with an interest in obtaining a portion of the necessary funding for the development of the Dog Park. The City and Friends wish to agree to cooperate in this effort, and to set forth their respective responsibilities with regard to the fundraising efforts. NOW THEREFORE, for valuable consideration, the parties hereto agree as follows: I. That Friends has the authority to make representations to donors only as authorized by the City. 2. That funds solicited shall be made payable to the City of Stillwater, and retained in trust by the City for capital funding for the Dog Park and other expenses of organization or promotion if the expenses are approved by the Board of Directors of Friends and requested in writing. 3. That in the event the City and Friends mutually agree that efforts have not raised enough funds to ensure capital funding of the project, the funds will be returned to the donors without interest and will not be retained by the City or used for any other purposes inconsistent with the construction of the Dog Park. 4. That in the event another government subdivision of this State or another state, or a non - profit corporation reorganized by the IRS a s qualified under §501(c)(3), proposed to build or equip a Dog Park, the City will at the request of Friends, and upon assurances that the project will be built, transfer the Funds to the to the entity for the building of the project. Dated: , 2009 CITY OF STILLWATER ATTEST: Diane F. Ward, Its City Clerk 2 Ken Harycki, Its Mayor FRIENDS OF STILLWATER AREA DOG PARK, INC. B Its �� MEMO September 21, 2009 TO: Mayor and City Council FROM: Diane Ward City Clerk SUBJECT: Tax Forfeited Property DISCUSSION: There are three tax - forfeited parcels available to the City (see attached). The two parcels are located on Harriett Street. These Tots could be used for future storm water drainage. These properties have been reviewed by Public Works Director Sanders as properties that would be beneficial to the City. The third parcel is a 20' strip of land located behind the Maple Island building. RECOMMENDATION: It is the recommendation to acquire these lots on Harriett Street S and the 20' strip of land behind the Maple Island Building ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution 2009- , AUTHORIZING THE CITY TO APPLY FOR THE RECONVEYANCE OF TAX FORFEITED LANDS AUTHORIZING THE CITY TO APPLY FOR THE RECONVEYANCE OF TAX FORFEITED LANDS WHEREAS, the parcels 28.030.20.31.0087, 28.030.20.31.0090 and 28.030.20.14.0076 is tax forfeit as of July 21, 2009 and available to the City of Stillwater. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the City Clerk is hereby authorized to complete an application on behalf of the City of Stillwater for the conveyance of the following parcels as described below: 28.030.20.31.0087, 28.030.20.31.0090 and 28.030.20.14.0076 Adopted by the City Council this 6th day of October, 2009 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Washington Cam 2803020140076 This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies. Notes: Stillwater Legend • Parcel Centers Easements Parcel Lines <all other values> DXF_LAYER Building Lines Described Lot Line Described Lot Line Extended SURVEYLINE Taxable Lot Line Parcel Ties General Annotation Dimensions leader Road Centerlines Right of Ways parcels OMunicipal Boundaries 2008 aerials RGB Red: Band_1 ® Green: Band_2 Blue: Band _3 • Scale: 1:827 Washington County Washington .-V County 2803020310087 WEST 28.030.20.31.0087 This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only Washington County is not responsible for any inaccuracies. Notes: Stillwater Legend • Parcel Centers Easements Parcel Lines <all other values> DXF_LAYER Building Lines Described Lot Line Described Lot Line Extended SURVEYLINE Taxable Lot Line Parcel Ties General Annotation Dimensions leader Road Centerlines Right of Ways parcels Municipal Boundaries 2008 aerials RGB • Red: Band_1 • Green: Band_2 • Blue: Band _3 Scale: 1:376 Washington County 2803020310090 This drawing is the result of a compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies. Notes: Stillwater Legend • Parcel Centers Easements Parcel Lines - <all other values> DXF_LAYER Building Lines Described Lot Line Described Lot Line Extended SURVEYLINE Taxable Lot Line Parcel Ties General Annotation Dimensions leader Road Centerlines Right of Ways parcels Municipal Boundaries 008 aerials RGB Red: Band_1 Green: Band_2 Blue: Band _3 Scale: 1:609 Washington ''`'County MAGNUSON LAW F1RM LICENSED IN MINNESOTA AND WISCONSIN THE Di sc11 OPPII'I? 131 :11.DIN(i 333 Nolt'I'Ii MAIN SIRu::r • SUrrii 4202 • STILI.w: TEIt, MN 55082 'I ELEPi tom:: (651) 439 -9464 • FAN' (651) 439 -5641 WWw.MAGNusoN'I.AW FIRN1.c'OM DAVID T. MAGNUSON JOAN D. MAGNUSON DTMAGNI:SON MIGNUSONI.AWFIRNLCON'i JDMAGNUSON(iNAGNUSONI.AWFIRNI . cONI MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: September 24, 2009 RE: Request to Extend Mandatory Call Dale on Territorial Springs, Series 2003 and 2004 Tax Increment Bonds Both the 2003 and 2004 Tax Increment Revenue Bonds sold for the Terra Springs Project had a mandatory call date of August 1, 2009. Last year was the initial call for the 2003 Bond. The 2004 Bond first mandatory call date was 2008, and last year we extended the call date on both Bonds to coincide on the August 1st date of this year. Because of market conditions and because two buildings within the project are not fully built out and on the tax rolls, there appears to be no market for a restructured bond which would be needed to refund both of these existing bonds. Accordingly, the underwriter has asked, and the bond holders have accepted, a proposal to extend the mandatory call date until February 1, 2010 with the hope that market conditions and occupancy conditions at the project will both improve by that time. If your approval is given by resolution tonight, it is with the understanding that the amending resolution will not be delivered until evidence is received of the consent of each of the bond holders and the signatures are delivered to the City reaffirming the guarantors obligation to fund any deficiencies. Also, these Bonds are "conduit" bonds and the City is not obligated to repay. The full faith and credit of the City is not pledged. 1 will be happy to answer any questions about this. Respectfully, David T. Magnuson Stillwater City Attorney DTM /nm RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 2003-230, A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. RECITALS 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124- 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174- 469.179, as amended (the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District and the Development District. SECTION 2. BONDS . 2.01 Bonds. Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City determined that it was in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 in an original principal amount of $3,255,000 (the "Note "), for the purpose of financing certain capital and administration costs of the TIF District. SECTION 3. ISSUANCE, SALE AN D TERMS OF THE NOTE. 3.01 Issuance of Note. The Note was issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer ") dated August 19, 2003, as amended, (the "Agreement "). Dougherty Funding LLC (the "Remarketing Agent ") was retained to arrange the sale of participations in the Note. The City authorized issuance of the Note in accordance with terms set forth in the Resolution. The Note is payable in semi - annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates ") as negotiated by the Remarketing Agent, the Developer and the City Administrator - Treasurer and set forth in the final form of the Note. SECTION 4. CHAN GE IN MANDATORY TENDER DATE. 4.01 Mandatory Tender Date. Pursuant to the Remarketing Agreement, the Remarketing Agent has presented Consents of holders of participation interests in the 2003 Note that the Mandatory Tender Date of the 2003 Note be extended until February 1, 2010 to coincide with an February 1, 2010 Mandatory Tender Date of the $2,923,000.00 Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, and in order to address market rates that the interest rate be reset to % from its current rate of 6.25% SECTION 5. AMENDMENTS. In order to facilitate the extension of the Mandatory Tender Date of the Note, and the reset of interest rates, Resolution No. 2003 -230, as adopted by the City Council on October 28, 2003(the "Resolution ") is hereby amended as follows: 5.01. Section 1.02 of the Resolution is amended by changing the interest rate of the Note from 6.25% per annum to not to exceed % per annum. 5.02 Section 4 of the Note entitled "Mandatory Tender" is amended to hereafter read as follows: 5. Mandatory Tender. This Note is subject to mandatory tender for purchase on February 1, 2010 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date "). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price "). 5.03 That in the event that the Remarketing Agent markets participation in the Note to participants other than those presently holding a participation interest in the Note and that have consented to the extension of the Mandatory Tender Date then, and in that event, the Remarketing Agent is directed to modify the Private Placement Memorandum prepared for the initial private placement effort to comply with Amendments to Resolution No. 2003 -230 and the Note that are made by this Resolution. SECTION 6. EF FECTIVE DATE. This Resolution is effective August 1, 2009, nunc pro tunc. SECTION 7. SAVING . In all other ways Resolution 2003 -230 remains in full force and effect. Enacted by the City Council of the City of Stillwater this 6th day of October, 2009. ATTEST: Diane Ward, City Clerk APPROVED: 2 Ken Harycki, Mayor AFFIRMATION OF GUARANTY 1. A Guaranty, dated as of September 1, 2004 (the "Guaranty ") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner ") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, in the original aggregate principal amount of $3,225,000, issued by the City of Stillwater, Minnesota (the "City "), dated as of September 15, 2004 (the "Note "), pursuant to Resolution No. 2003 -230 of the City dated as of September 15, 2004 (the "Resolution "). 2. At the request of Dougherty Funding, LLC, acting as Remarketing Agent, pursuant to a Remarketing Agreement existing between the City, Dougherty and Territorial Springs, LLC, the City will consider adopting its Resolution authorizing the extension of the Mandatory Tender Date of the Note from August 1, 2009 to February 1, 2010 on the condition that the Guaranty remain in effect and that the increase in the interest rate and extension of the Mandatory Tender Date not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. 3. The Guarantors, therefore, by this instrument and to induce the City to enact its Resolution extending the Mandatory Tender Date, hereby affirm the Guaranty as if restated verbatim. IN WITNESS WHEREOF, this Affirmation of Guaranty has been duly executed by the Guarantors as of this day of , 2009. David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 2004-188, A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2004 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the City), as follows: SECTION 1. RECITALS 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124- 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174- 469.179, as amended (the "Tax Increment Act "), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District and the Development District. SECTION 2. BONDS . 2.01 Bonds. Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City determined that it was in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004 in an original principal amount of $2,923,000 (the "Note "), for the purpose of financing certain capital and administration costs of the TIF District. SECTION 3. ISSUANCE, SALE AN D TERMS OF THE NOTE. 3.01 Issuance of Note. The Note was issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer ") dated August 19, 2003, as amended, (the "Agreement "). Dougherty Funding LLC (the "Remarketing Agent ") was retained to arrange the sale of participations in the Note. The City authorized issuance of the Note in accordance with terms set forth in the Resolution. The Note is payable in semi - annual installments of principal and interest in the amounts, at the rates and on the dates (the "Payment Dates ") as negotiated by the Remarketing Agent, the Developer and the City Administrator - Treasurer and set forth in the final form of the Note. SECTION 4. CHAN GE IN MANDATORY TENDER DATE. 4.01 Mandatory Tender Date. Pursuant to the Remarketing Agreement, the Remarketing Agent has presented Consents of holders of participation interests in the 2004 Note that the Mandatory Tender Date of the 2004 Note be extended until February 1, 2010 to coincide with an February 1, 2010 Mandatory Tender Date of the $3,255,000.00 Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, and in order to address market rates that the interest rate be reset to % from its current rate of 6.25% SECTION 5. AMENDMENTS. In order to facilitate the extension of the Mandatory Tender Date of the Note, and the reset of interest rates, Resolution No. 2004 -188, as adopted by the City Council on September 15, 2004 (the "Resolution ") is hereby amended as follows: 5.01. Section 1.02 of the Resolution is amended by changing the interest rate of the Note from 6.25% per annum to not to exceed % per annum. 5.02 Section 5 of the Note entitled "Mandatory Tender" is amended to hereafter read as follows: 5. Mandatory Tender. This Note is subject to mandatory tender for purchase on February 1, 2010 and on each five year anniversary thereof prior to the Maturity Date (collectively the "Purchase Date "). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price "). 5.03 That in the event that the Remarketing Agent markets participation in the Note to participants other than those presently holding a participation interest in the Note and that have consented to the extension of the Mandatory Tender Date then, and in that event, the Remarketing Agent is directed to modify the Private Placement Memorandum prepared for the initial private placement effort to comply with Amendments to Resolution No. 2004 -188 and the Note that are made by this Resolution. SECTION 6. EF FECTIVE DATE. This Resolution is effective August 1, 2009, nunc pro tunc. SECTION 7. SAVING . In all other ways Resolution 2004 -188 remains in full force and effect. Enacted by the City Council of the City of Stillwater this 6th day of October, 2009. ATTEST: Diane Ward, City Clerk APPROVED: -2 Ken Harycki, Mayor AFFIRMATION OF GUARANTY 1. A Guaranty, dated as of September 1, 2004 (the "Guaranty ") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner ") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004, in the original aggregate principal amount of $2,923,000, issued by the City of Stillwater, Minnesota (the "City "), dated as of September 15, 2004 (the "Note "), pursuant to Resolution No. 2004 -188 of the City dated as of September 15, 2004 (the "Resolution "). 2. At the request of Dougherty Funding, LLC, acting as Remarketing Agent, pursuant to a Remarketing Agreement existing between the City, Dougherty and Territorial Springs, LLC, the City will consider adopting its Resolution authorizing the extension of the Mandatory Tender Date of the Note from August 1, 2009 to February 1, 2010 on the condition that the Guaranty remain in effect and that the increase in the interest rate and extension of the Mandatory Tender Date not be considered a waiver by the Holders of the Note or any other party benefited by the Guarantee of a right to act pursuant to the Guaranty. 3. The Guarantors, therefore, by this instrument and to induce the City to enact its Resolution extending the Mandatory Tender Date, hereby affirm the Guaranty as if restated verbatim. IN WITNESS WHEREOF, this Affirmation of Guaranty has been duly executed by the Guarantors as of this day of , 2009. David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer} A DATE: September 29, 2009 SUBJECT: Parking Restrictions for Washington Avenue Project 2009 -10 DISCUSSION It is proposed to restrict parking on Washington Avenue as a part of the Washington Avenue Mill and Overlay Project. When reconstructing streets with state aid funding, MNDOT requires that the streets meet their guidelines for lane and parking widths. From the Frontage Road to 300 feet north of Curve Crest Boulevard, the street is 68 feet wide and has 4 through lanes, a turn lane, and a median. There is no space for parking, but parking is not restricted by ordinance or signage. From 300 feet north of Curve Crest Boulevard to West Orleans Street, the street has a width of 48 feet with two traffic lanes separated by a solid yellow stripe. While there is adequate space for parking, no on- street parking is observed. The two adjacent properties (1650 Washington Avenue and 2225 West Orleans Street) appear to have adequate off street parking. There are two options for striping and parking on this segment. The first option is to stripe a center turn lane and eliminate parking on both sides. The second option is to re- stripe the center line and allow for parking on both sides. Staff recommends that Council select option 1 to allow for better traffic circulation. A parking restriction requires a resolution by Council and the resolution is part of the submittal of plans to the State Aid office for approval of the project and the expenditure of funds to the City. RECOMMENDATION It is recommended that Council consider and approve the resolution to restrict parking on Washington Avenue, specifying no parking on Washington Avenue from Trunk Highway 36 to West Orleans Street (Option 1) or to 300 feet north of Curve Crest Boulevard (Option 2). Council resolution is required for State Aid plan approval. ACTION REQUIRED If Council concurs with staff recommendation Council should pass a motion accepting RESOLUTION 2009 -_ APPROVING PARKING RESTIRCTIONS ON S.P. 169- 114 -005 WASHINGTON AVENUE PROJECT 2009 -10 WEST ORLEANS STREET co OPTION 1: CENTER TURN LANE WASHINGTON AVENUE PARKING SKETCH WEST ORLEANS STREET CURVE CREST BOULEVARD_ OPTION 2: CENTER STRIPE/ PARKING 60 120 240 ■ SCALE IN FEET T H E B I R T H P L A C E O F M I N N E S O T A APPROVE PARKING RESTRICTIONS ON S.A.P. 169 -114 -005 WASHINGTON AVENUE FROM TRUNK HWY 36 TO WEST ORLEANS STREET IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, this resolution was passed on the 6th day of October 2009, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the "City ". WINESSETH: WHEREAS, the City, has planned the improvement of Washington Avenue, from Trunk Highway 36 to West Orleans Street in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on both sides of Washington Avenue from Trunk Highway 36 to West Orleans Street at all times. Adopted by the Council this 6th day of October 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk APPROVE PARKING RESTRICTIONS ON S.A.P. 169 - 114 -005 WASHINGTON AVENUE FROM TRUNK HWY 36 TO 300 FEET NORTH OF CURVE CREST BOULEVARD IN THE CITY OF STILLWATER, MINNESOTA WHEREAS, this resolution was passed on the 6th day of October 2009, by the City of Stillwater in Washington County, Minnesota. The Municipal Corporation shall hereinafter be called the "City ". WITNESSETH: WHEREAS, the City, has planned the improvement of Washington Avenue, from Trunk Highway 36 to West Orleans Street in the City of Stillwater, Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the City shall ban the parking of motor vehicles on both sides of Washington Avenue from Trunk Highway 36 to 300 feet north of Curve Crest Boulevard at all times. Adopted by the Council this 6th day of October 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Torry Kraftson, Assistant City Engineer Date: September 29, 2009 Re: Washington Avenue Mill and Overlay Project (Proj. 2009 -10) DISCUSSION Plans and specifications for the project are completed. The engineer's estimate for the project is $303,000. The anticipated bid date for the project, subject to approval by Metro State Aid, will be November 19th at 10:00 A.M. with bids presented to Council at the December 1st meeting. RECOMMENDATION It is recommended that Council approve the plans and specifications for the Washington Avenue Mill and Project and order advertisement for bids for the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass motions adopting RESOLUTION 2009- APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WASHINGTON AVENUE MILL AND OVERLAY PROJECT 2009 -10 APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WASHINGTON AVENUE MILL AND OVERLAY PROJECT (PROJECT 2009 -10) WHEREAS, pursuant to a resolution passed by the Council on September 15, 2009, the City Engineer has prepared plans and specifications for the Washington Avenue Mill and Overlay Project (Project 2009 -10) and has presented such plans and specifications to Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications presented by the City Engineer are hereby approved. 2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and in the Construction Bulletin an advertisement for bids upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and three times in the Construction Bulletin, shall specify the work to be done, shall state that bids will be received by the City Clerk until Thursday, November 19th, 2009, at 10:00 a.m. at which time they will be publicly opened at City Hall by the City Engineer; will then be tabulated and will be considered by the Council at their next regular Council meeting on December 1st, 2009, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for ten (10) percent of the amount of the bid. Adopted by the Council this 6th day of October 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk City of Stillwater Voluntary Leave Without Pay Program Purpose: The purpose of this program is for the City to reduce expenses by providing an incentive for employees to voluntarily take time off without pay. Who is eligible: All full -time and part-time regular employees of the City of Stillwater. Program Guidelines: • Voluntary Leave Without Pay Program will begin on November 1, 2009. • Participation in the Voluntary Leave Without Pay Program is subject to the approval of the Department Head or City Administrator. • Maximum amount of leave is 120 hours annually. • Requests will be reviewed on a case -by -case basis and will be granted at such time as may be deemed in the public's interest, there is a cost savings and it is acceptable to the employee's department, office or division. • Leave may be granted as a continuous block of time or in eight -hour increments. • Denial by the Department Head of a request for voluntary leave without pay will be final; such denial is not grievable under the City of Stillwater's Personnel Policy. • If an employee's voluntary leave without pay coincides with any eligible leave under the City of Stillwater's Personnel Policy, the leaves will run concurrently. • An employee's vacation balance does not have to be exhausted before s/he can request voluntary leave without pay. • All personal leaves under this section will be without compensation; however, benefits (i.e. vacation, sick leave accrual and City credits to benefits, etc.) will be maintained. • If a holiday occurs during a period of voluntary leave without pay, the employee will receive holiday pay. • Employees must submit the Voluntary Leave Without Pay Program Request Form (see attached) to their immediate supervisor to request time off under this program. • The City reserves the right to rescind or modify the Voluntary Leave Without Pay Program with or without notice and at its sole discretion. • Once the employee has requested the time off and it has been approved by the Department Head, the leave cannot be rescinded by the employee unless there is a qualifying event (i.e. death, termination of employment, reduction of hours) and has the approval of the City Administrator. Once the leave has been taken, there can be no rescission. • Employees may elect to purchase service credit for PERA as provided under Minnesota Statutes. If so elected the City will pay the employer's contribution to PERA. CITY OF STILLWATER EMPLOYEE REQUEST FOR VOLUNTARY LEAVE WITHOUT PAY I, , am hereby requesting to take voluntary leave without pay as a cost - saving measure for the City of Stillwater. I understand that my department head and /or City Administrator have authority over my requested schedule. I am aware that this reduction in hours will result in a proportionate reduction in my annualized salary. Request to take voluntary leave without pay from: (Date) (Time) to (Date) (Time) for a total of hours. I am electing to purchase service credit for PERA as provided by Minnesota Statutes: Remarks: yes no Employee Signature: Date Leave is Approved Leave is Denied Department Head Signature: Date Or City Administrator The City reserves the right to rescind or modify the voluntary Leave Without Pay Program with or without notice and at its sole discretion. Memorandum To: Mayor and City R uncil From: Shawn Sanders, Director of Public Works Date: October 1, 2009 Subject: Stop Sign Control Modifications DISCUSSION In keeping in line with the Stop Sign Study completed in 2003 by SEH, staff has been making some of the recommended modifications annually. This year, it is proposed that the following stop signs be added: o Northbound Sherburne Street at Linden Street o Southbound Center Street at Linden Street o Northbound Echo Lane at Linden Street o Westbound North Street at William Street o Eastbound North Street at Everett Street o Westbound Rice Street at Everett Street and the following stop signs be removed: o Northbound Martha Street at Rice Street o Southbound Martha Street at Rice Street The proposed changes will involve notification of immediate neighbors, advanced warnings and flagging. It is anticipated that these changes will be made yet this fall. These modifications were presented and discussed to the Traffic Committee at the September meeting with no objection RECOMMENDATION It is recommended that Council approve the proposed stop sign modifications at the above - mentioned location and pass RESOLUCTION APPROVING THE TRAFFIC CONTROL SIGN CHANGES. RESOLUCTION APPROVING THE TRAFFIC CONTROL SIGN CHANGES WHEREAS, pursuant to the implementation of the Stop Sign Study approved by Council on the 6th of May 2003, the following intersections have traffic control sign changes: Sherburne Street at Linden Street, Center Street at Linden Street, Echo Lane at Linden Street, North Street at William Street, North Street at Everett Street Rice Street at Everett Street and Martha Street at Rice Street; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, to implement the traffic control sign changes. Attest: Adopted by the Council this 6th day of October 2009. Diane F. Ward, City Clerk Ken Harycki, Mayor MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer 7 DATE: October 1, 2009 SUBJECT: Lily Lake parking lot water quality improvements DISCUSSION The City has been approached by the Middle Saint Croix Watershed Management Organization (MSCWMO) to participate in a water quality improvement project at the Lily Lake boat launch. Great River Greening is offering grant money to construct water quality improvements at the Lily Lake boat launch. Staff met with representatives from Great River Greening and MSCWMO on -site to discuss the improvements. A concept plan has been prepared for the area and was approved by the Park Board on September 28. The plans for the area are to install some impervious paver bricks in front of the boat launch area, install a native planting area between the boat launch and the fishing pier, and add a sand canoe launch area adjacent to the boat launch. Great River Greening and MSCWMO have agreed to pay for all design and materials. The pavers would be installed by a contractor and the plants would be installed by volunteers organized by Great River Greening on Saturday, October 10tH The City would remove a small amount of the existing pavement between the boat launch and the fishing pier to expand the area available for native planting. Prior to proceeding, Great River Greening is requiring that the City enter into a contract agreement to maintain the native planting area. One of the provisions of the contract is that if the City does not satisfactorily maintain the area (after notification) for five years, Great River Greening could require the City to pay back the cost of the planting area up to $1,800 on a depreciating scale. City staff negotiated the possible maintenance costs down to the proposed $1,800, but Great River Greening was not willing to eliminate this cost as they see it as their "hook" to ensure adequate maintenance. Staff is supportive of the collaborative effort to improve the water quality of Lily Lake, but is concerned about the possible future cost implication to the City RECOMMENDATION Staff recommends that Council consider the contract for water quality improvements at the Lily Lake boat launch with an understanding of the possible future cost to the City if maintenance is not satisfactory to Great River Greening. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2009- , RESOLUTION APPROVING THE CONTRACT WITH GREAT RIVER GREENING FOR WATER QUALITY IMPROVEMENTS AT THE LILY LAKE BOAT LAUNCH. AWARDING CONTRACT WITH GREAT RIVER GREENING FOR WATER QUALITY IMPROVEMENTS AT THE LILY LAKE BOAT LAUNCH WHEREAS, a proposal to participate with Middle St. Croix Watershed Management and Great River Greening for constructing water quality improvements at Lily Lake boat launch has been received and complies with the specification for such system; and WHEREAS, the proposal from Great River Greening was presented to Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Great River Greening in the name of the City of Stillwater for the construction of water quality improvements at Lily Lake boat launch. Adopted by the City Council this 6th day of October, 2009. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Contracting Agent City of Stillwater Street Address 216 Fourth Street N City, State, Zip Code Stillwater, MN 55082 Client Name Contact Torry Kraftson Great River Greening Contact Joe Walton CONTRACT Great River Greening 35 West Water Street, Suite 201 Saint Paul, MN 55107 -2016 651 - 665 -9500 651 - 665 -9409 FAX Date of Bid Sept. 29, 2009 Phone 1 Date (651) 430 - 8800 Sept 29,2009 Project Name Lily Lake Boat Launch Retrofit i Project Location Lily Lake Boat Launch Contact Phone ;..._(651) 430- 8830 .................... . Project Number I Greening Contact Phone GBLE02 651- 665 -9500 x16 Parties. This Cost -Share Contract governs the rights and responsibilities of Great River Greening and the City of Stillwater which are partnering to achieve the outcomes identified in this contract. Project Scope. Great River Greening and the city of Stillwater agree to partner together to accomplish a boat launch retrofit project located at Lily Lake (see Attachment A). The project will consist of 1) a 30 foot buffer shoreline planting, extending from the boat launch ramp north to the fishing pier, and 2) installation of a 400 square foot impervious paver area in front of the ramp. The goal of this project is to reduce the amount of untreated stormwater runoff from the surrounding parking area that directly enters the lake. Great River Greening and the city of Stillwater agree to their respective obligations set forward in the responsibilities listed below. A. Great River Greening Responsibilities • Great River Greening will provide project management and oversight for the installation of the project and coordination for a volunteer planting event on Saturday October 10h. • Great River Greening will supply soil or compost to amend and fill in the excavated area (of a 10 foot wide strip of asphalt and gravel base along the turf area north of the boat ramp as marked out on site by Great River Greening staff) to be leveled out by volunteers • Great River Greening will treat the turf area with an aquatic safe herbicide a minimum of 10 days prior to the planting event on October 10tH • At the event on Saturday October 10th, volunteers will install mulch, split rail fence and plantings in the buffer area between the ramp and fishing pier (approximately 1000 ft sq area). • Great River Greening will provide project oversight during the installation of the 400 square foot area of impervious pavers. Great River Greening B. City of Stillwater Responsibilities • The city of Stillwater will oversee the excavation of a 10 foot wide strip of asphalt and gravel base along the turf area north of the boat ramp as marked out on site by Great River Greening staff. • For the volunteer event on October 10, the city of Stillwater will provide access to the picnic shelter, access to the warming house bathrooms (or a sanitation unit), and trash and recycling facilities. Maintenance • City of Stillwater will be responsible for ongoing management and maintenance for the rain gardens. Practice(s) must be planned and installed in accordance with technical standards and specifications of the Maintenance Schedule (see Attachment B). • As part of plant installation, Great River Greening inspects plants, shrubs and trees prior to installing, and installs live, healthy plants, shrubs and trees. Since Great River Greening will have no hand in the maintenance of the shore lines, the City of Stillwater will assume all management responsibilities and maintenance /replacement costs. • The City of Stillwater is responsible for the operation and maintenance of practices applied under this program to ensure that the conservation objective of the practice is met and the effective life, a minimum of 5 years is achieved. Great River Greening will inspect the project area regularly during the 5 -year span after initial planting and will submit written report with findings and recommendations to the City of Stillwater. City of Stillwater will agree to comply with the findings and recommendations of the inspections. Should the City of Stillwater fail to comply within 4 weeks of the written report, Great River Greening will issue a warning letter to the City of Stillwater. If the City of Stillwater does not follow the recommendations within 2 weeks of issue of the warning letter, the City of Stillwater is liable to Great River Greening for the replacement amount of financial assistance received to install and establish the plants for an amount up to 100% (maximum amount of $1,800) (see Depreciation Schedule, Attachment C).. • The City of Stillwater is not liable for cost -share assistance received if the failure was caused by reasons beyond the City of Stillwater's control, or if conservation practices are applied at the City of Stillwater's expense that provide equivalent protection of the soil and water resources. • The specific operation and maintenance requirements for the conservation practice listed are described in the operation and Maintenance Schedule prepared for this contract by Great River Greening's technical representative, and is attached and incorporated to this contract (see Attachment B). If title to this land is transferred to another party before expiration of the aforementioned life, it shall be the responsibility of the City of Stillwater who signed this contract to advise Great River Greening before the sale or transfer of property containing the conservation practice. Training Session Great River Greening 2 • City of Stillwater agrees to a Training Session to be given by Great River Greening staff, sometime during the 2010 growing season, so as to better meet it's the City of Stillwater's maintenance obligations. Length of the Training Session will not exceed one day and will be conducted on -site at one of the shoreline restorations. II. Budget. Shoreline Installation (as described in Section I) Great River Greening Contribution Middle St. Croix Watershed District City of Stillwater Contribution 2009 (in kind) $ 17,000 $ 11,500 $ 2,500 $ 3,000 III. Limitation of liability. City of Stillwater shall indemnify Greening and hold it harmless from and against any loss, claims, liabilities, damages and costs, including reasonable attorney's fees, related to the Project or the performance of their services pursuant to this Agreement, unless caused by the negligence of Greening, its agents or employees. IV. Amendment. This Agreement may be amended only in a written document signed by both parties. V. Independent Contractors. Each party, its officers, agents and employees are at all times an independent contractor to the other party. Nothing in this Agreement shall be construed to make or render either party or any of its officers, agents, or employees an agent, servant, or employee of, or joint venture of or with, the other. VI. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties hereto with respect to the subject matter of this Agreement, and it supercedes all prior and concurrent agreements, understandings, promises or representations, whether written or oral, made by either party to the other concerning such subject matter. VII. Insurance. Great River Greening agrees to maintain during the term of this Consulting Contract the following insurance: Workers Compensation Insurance, Commercial General Liability (with coverage no more restrictive that that provided for by standard ISO Form CG 00 01 11 88 or CG 00 01 10 93 with standard exclusions "a" through "n ") with a minimum limit of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury and property damages, the limit specified may be satisfied with a combination of primary and Umbrella /Excess Insurance. VIII. Waiver. The failure of either party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment of the right to enforce or require compliance with such provision. IX. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. X. Completion. Work for this Project will be performed by April 2010 unless circumstances beyond Great River Greening's control that prevents Great River Greening from completing the Project. Great River Greening 3 Great River Greening City of Stillwater Representative Signature: Signature: Name: Name: Deborah Karasov Title: Title: Executive Director Date: Date: Contact Persons The authorized contact person for Great River Greening is: Joe Walton 35 Water Street, Suite 201 Saint Paul, MN 55107 651 - 665 -9500 ext. 16 The authorized contact person for City of Stillwater is: Torry Kraftson 216 Fourth Street N Stillwater, MN Great River Greening 4 2utuaai9 AFJ warp Lily Lake ID 82-0023-00 Lily Lake OHW 844.8 Kies i 311x3 Create raised asphalt diversion vanes (3 inch maximum height) just downgradient of pervious pavers boat ramp (ks, City of Stillwater! Sand blankets to be installed on either side of boat landing; spread to blend with boat landing. shoreline. Sand blanket to; - Be no more than 6 inches thick. - Extend no more than 50 feet along shoreline. - Extend no more than 10 feet Waterward of OHW. ne,a, — , Jsphalt impervious (400 sq ft with - I___ -.n i ,•asses /plants. - Saw -cut ana remove pavement and Tub -base to 6 inches. (City) - Backfill with 6 inches topsoil. (GRG) - Plant as directed (GRG). Install 6 inch diameter perforated. HOPE pipe in base, extend pipe to lake edge. .4T 11 i1hll Note Tax Parcels, Contours and Aerial Photographs from Washington Conservation District 80 40 0 80 Feet M d,, lx04rnl 4 ake eP Improvement Map L29.00.mxd MOd 0 D Lxot N Replace existing asphalt surface (450 sq. ft.) with concrete modular pavers. - Contractor to install pavers as per manufacturer instructions. - Base to be composed of minimum 18 inch thickness clean wasl'a J with minimum 30 °/ void spar = WASHINGTON CONSERVATION DISTRICT Lily Lake Landing Site Improvement Map - DRAFT Notes: All work except possibly sand blankets to be upgradient of Lily Lake OHW. Stake OHW elevation in field prior to construction. Wenck Wenck Assodates, Inc. 1800 Pioneer Creek Center Fnvirnnmental Fnnineers Mani,. Main MN 55089.0498 SEP 2009 9 -28 -09 d 3uewq a ; ;t / Attachment B Maintaining Native Plantings — Lilly Lake Boat Launch, Stillwater Why Maintenance is Important Maintenance activities in native plantings such as weeding, mowing, herbicide application, and watering are essential to ensure the long term success of projects. A lack of maintenance can lead to a dominance of invasive species and a messy appearance leading to project failure. Common reasons for a lack of maintenance include poor planning, a lack of guidance about project specific maintenance needs and insufficient funding. The purpose of this document is to summarize maintenance techniques and discuss how they should be applied. Decreasing Maintenance Needs through Proper Installation In many cases maintenance activities can be reduced greatly if site preparation and planting are done well. The elimination of weeds from project sites is often rushed due to budget restraints or impatience and this can lead to maintenance problems in the future. Good site preparation generally involves multiple site visits to ensure that weeds and propagules such as rhizomes and seed are sufficiently eliminated from the site. Planting strategies can also be important in reducing future maintenance needs. Overall, high initial planting densities leave less space for weedy species to establish and fewer resources to exploit. In the establishment of prairies, minimizing soil disturbance and ensuring good seed to soil contact and the use of cover crops and grass mulches can aid in establishment and the suppression of weeds. The use of erosion fabrics can also be important on sloping sites to hold moisture, ensure good seed to soil contact and to prevent seed from washing downhill. General Maintenance Strategies Maintenance strategies that are common in native plantings include manual weed control, mechanical weed control, herbicide application, mulching and watering. 1. Manual Weed Control Manual techniques are useful for removing small populations of invasive species and for the removal of weeds as plantings establish. One advantage of manual techniques compared with herbicide application is that these techniques can be focused on particular plants while minimizing damage to desirable native species. Manual weed control can be time and labor intensive compared to herbicide use and the uprooting of plants can be a concern. Disturbance should be kept to a minimum to eliminate prime growing conditions for weeds and invasive species. Weeds should be grabbed by their base and pulled slowly and carefully. Any disturbed soil should be replaced to the original hole and tamped by foot to eliminate loose soil. Care should be taken when conducting mechanical techniques to avoid trampling desirable native species. As is generally true for herbicide application, manual treatments must typically be conducted several times to control invasive species at a site. To improve their effectiveness, manual techniques can often be conducted in combination with herbicide application or burnings. Manual removal should generally be conducted once a month in new developing plantings. Visits can decrease to three times a season after the second year of establishment. Hand weeding is not as effective for perennial weeds such as quack grass (Agropyron repens), smooth brome grass (Bromus inermis) and reed canary grasses (Phalaris arundinacea), which have extensive root systems, nor for larger trees and shrubs that have deep underground roots that often break off and re- sprout. Plants that are difficult to control by pulling should be treated with herbicide. Great River Greening 2. Mechanical weed control The primary advantage of mechanical weed control such as mowing and brush cutting is that it can prevent weeds from producing seed and restrict weed growth, but in addition mowing allows light to reach seedlings of desirable native species (Tu et al. 2001). Mowing is commonly done in prairie plantings for the first two or three years, until prairie species are established. It is common to mow when weeds reach a height of 12 inches (it is important to mow before weeds go to seed). Plantings are generally mowed to 4 to 6 inches. Mowing too low can inhibit the growth of native species. Mowing should not be conducted if desirable native species are seeding. Experienced personnel should be consulted if there is a question about the appropriate time to mow. As a general rule, after the first couple years of establishment sites should not be mowed later than Mid -June as ground nesting birds can be disrupted and weed seeds may be dispersed. It is desirable to use a flail mower that cuts the plant material into small fragments, which will prevent the smothering of native species. Weedy species will be most affected by mowing if they are cut while flowering, because this is when most of their resources are in the above - ground portion of the plants. Plant material should be collected and removed from site if it has produced seed or has the ability to re- sprout. Mowing and cutting can be used in combination with burning or herbicide treatments. In situations where burning is not possible, spring mowing can be a substitute to remove dead plant material and set back cool season weeds (Tix & Charvat 2005), especially in late spring. However, repeated mowing may not promote diversity as much as well planned prescribed burns. 3. Herbicide Control of Weeds and Invasive Species Herbicide is a useful tool in the removal of problematic invasive species. Under Minnesota law, only personnel with pesticide applicator certification may apply herbicides. Methods of herbicide application will depend on the type of herbicide being applied, site conditions and the species being targeted. There are several techniques of herbicide application that are common during maintenance activities, these include foliar application and cut stump application. Foliar application involves applying herbicide directly to above - ground plants. It typically involves the use of backpack sprayers or spray bottles for spot treatment, wick applicators to target specific plants and booms to spray large areas. Backpack sprayers and spray bottles are advantageous because they are easy to carry long distances and can be used to target individual plants. One disadvantage is that they can overspray and kill non - target plants. Over spraying can be avoided by using wick applicators, a sponge or wick on a long handle that allows the applicator to wipe herbicide on specific plants. However, wick applicators are generally not as efficient as sprayers (Tu et al. 2001). When spraying in proximity of standing water aquatic certified herbicides such as Rodeo should be used. Research on reed canary grass (Phalaris arundinacea), has shown that herbicide application in late August through September is more effective than spring herbicide application (Reinhart and Galatowitsch 2006). It is important not to spray herbicide directly into water (stream, lake, pond, or wetland), and to always follow the product label when applying herbicides. When using herbicides close to a body of water, approved aquatic herbicides should be used. Cut stump application is commonly used on woody species that re- sprout after cutting such as buckthorn (Rhamnus sp.), Tartarian honeysuckle (Lonicera tartarica), boxelder (Acer negundo), Siberian elm (Ulmus pumila) and black locust (Robinia pseudoacacia). Cutting can be conducted with chain saws, manual saws or toppers. Within minutes after cutting, stumps should be treated with herbicide. Herbicide can be applied with a spray bottle or brush. It is important that the inner bark is well coated with herbicide. Care must be taken not to apply too much herbicide; it should not run off the stump. Treated stumps should be checked every 2 to 6 months for re- sprouting. Re- sprouts should be cut and re- treated with herbicide. (Tu et al. 2001). Great River Greening 7 Chemical Trade Name Names Herbicide Information Table Formulation Application Comments Glyphosate (aquatic) Rodeo water soluble 4. Mulching for foliar spray, cut non - selective; for stump, basal bark; aquatic environments ' minimal soil residual WDNR 2007 Mulching is a valuable technique that inhibits the growth of many weed species, holds moisture for plants, adds organic material and generally provides optimum growing conditions for new plantings. It is common to use four to six inches of wood chip around tree and shrub beds and two to three inches in herbaceous beds. Wood mulch from invasive species should be avoided as it may contain seed that can spread. Wood chip from diseased elm (Dutch Elm Disease) and oak trees (Oak Wilt) is acceptable as the chipping process prevents further spread of the disease. Top dressing of mulched beds should be done in spots that have too thin a layer of mulch. Top dressing should be budgeted for at least 3 years after planting, or until the site is fully occupied by the plants (i.e., no gaps for weeds to take hold). 5. Watering If there is less than one inch of rainfall per week in the summer new plantings will generally need watering. The first year of establishment is the time when new plantings are most susceptible to drought condition. After the first year of establishment site monitoring should be used to determine if dry conditions require watering. 6. Soil Amendment Fertilizer is seldom used in native plantings and is generally not recommended as many native species are adapted to nutrient deficient soils and may be out competed by weedy species. In extremely nutrient poor or compacted soils, soil amendments such as compost or compost -sand mixes may help increase available nutrients, increase water infiltration and provide an improved rooting medium. Great River Greening 8 Maintenance Schedule of Native Plantings Maintenance Schedule for Shoreline Plantings, Stillwater, MN Date Task Oct and Nov 2009— Year 1 Monitor planting. Hand pull and spot treat perennial weeds with Rodeo herbicide. Ensure planting receives 1" to 1.5" of water per week, through rain or irrigation. April 2010 —Year 2 Ensure planting receives 1" to 1.5" of water per week. I rain does not provide the 1" to 1.5" water per week, supplement through irrigation. Remove sediment from inlet. May 2010 - Year 2 Monitor planting for winter kill. Replace plants as needed. June 2010- Year 2 Monitor planting, conduct weeding and trash removal, spot treat perennial weeds with Rodeo herbicide, top dress mulch in thin spots, conduct watering if less than one inch of rainfall per week. July 2010 - Year 2 Monitor planting, conduct weeding and trash removal, spot treat perennial weeds with Rodeo herbicide, conduct watering if less than one inch of rainfall per week. Aug 2010- Year 2 Monitor planting, conduct weeding and trash removal, spot treat perennial weeds with Rodeo herbicide, conduct watering if less than one inch of rainfall per week. Continue monitoring and spot treating weeds. Water plantings if drought conditions exist. Fall 2010 — Year 2 Spring 2011 through Fall 2013 Continue monitoring and spot treating of problematic weeds two times a year. Water only in long dry spells. Conduct sediment removal in early spring and remove dead vegetation. Add 2" of new shredded hardwood mulch every three years where needed. Change maintenance plans as needed to adjust to site conditions. Literature Cited: Reinhart, A., Galatowitsch, S., Increasing the Effectiveness of Reed canary grass Control in Wet Meadow Restorations, Restoration Ecology, Volume 14, Issue 3., 2006. Tix, D and Charvat, I. 2005. Aboveground Biomass Removal by Burning and Raking Increases Diversity in a Reconstructed Prairie. Restoration Ecology 13(1): 20 -28. Tu, Mandy, Hurd, Mandy, Randall, John, Weed Control Methods Handbook: Tools & Techniques for Use in Natural Areas, The Nature Conservancy Wildland Invasive Species Team, April, 2001. Great River Greening 9 Attachment C Depreciation Schedule Should the City of Stillwater fail to maintain the practice during its effective life, the City of Stillwater is liable to Great River Greening for the amount of financial assistance received to install and establish the plants (maximum amount $1,800) according to the following schedule: Year Dates Maintained Reimbursement Percentage 1 Fall 2009 — Fall 20010 100 2 Fall 2010 — Fall 2011 80 3 Fall 2011 — Fall 2012 60 4 Fall 2012 — Fall 2013 40 5 Fall 2013 — Fall 2014 20 After year 5 After Fall 2014 0 Great River Greening 10 Memo iliwater 40b:00:„ e1g i O T H P I A ' : E OF M I N N E Community Development Department To: City Council From: Michel Pogge, City Planner ,/f 1 Date: Friday, October 02, 2009 Re: 216 Wilkins St W Message: At 9:00 AM on Wednesday, September 30, 2009 City Staff inspected property owned by Marcia Kilbourne at 216 Wilkins St W. During the inspection Ms. Kilbourne showed City Staff a door that is now installed between Unit "B" and the basement. This door opens up onto a landing and allows access to the basement via steps that were previously only accessible from the outside. Additionally the drywall was removed from the second floor of the garage eliminating the unit above the garage. This work essentially converts the four -plex back to a duplex and completes all of the required work. Additionally, Sgt. Roettger served Ms. Kilbourne with a Trespass Notice, prohibiting her from City Hall and private property of employees and elected officials. From the desk of... Michel Pogge, AICP City Planner City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us 411i4, ■-7/ , Art/ Carnelian - Marine -St. Croix Watershed District Scandia Plaza II.21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150 September 23, 2009 Stillwater City Council 216 N. Fourth Street Stillwater, MN 55082 Dear Sirs and Madames: Please find enclosed the 2008 Annual Report of the Carnelian- Marine -St. Croix Watershed District. This report as well as the 2007 report can also be found under "downloads" on the District website, cmscwd.org. Thank you and if you should have any questions, please do not hesitate to call. incerely, Jim Shaver Administrator Enc e -mail JimShaver @CMSCWD.org website CMSCWD.org CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT A ....1•01111...1•1111111M ..,,,,,71- , a ipp-- 4,,er. CARNELIAN - MARINE -ST CROIX WATERSHED DISTRICT WASHINGTON COUNTY, MINNESOTA 2008 ANNUAL REPORT FOR THE PERIOD JANUARY 1 — DECEMBER 31, 2008 Pursuant to Minnesota Statutes, 103D.351 and 103D.355 and Minnesota Rules Chapter 8410, Metropolitan Area Local Water Management we hereby submit the Annual Report of the Carnelian- Marine -St. Croix Watershed District (CMSCWD) for the year ending December 31, 2008. For more information, contact: Carnelian- Marine -St. Croix Watershed District P.O. Box 188 Scandia Place II 21150 Ozark Avenue Scandia Minnesota 55073 jimshaver@cmscwd.org 651- 433 -2150 Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 2 LETTER FROM THE PRESIDENT It has been a busy year for the Watershed District. We have assimilated the Marine on Saint Croix Watershed Management Organization (MWMO) and the northeast section of Scandia under a new name, Carnelian- Marine -St. Croix Watershed District (CMSCWD). The Board of Managers hired its first Administrator. We prepared a Strategic Plan and started our Comprehensive Ten -Year Watershed Management Plan. In September, the District co- hosted the Healthy Waters and Heritage Fair at William O'Brien State Park. Our local papers reported on many of these activities and have provided a forum for our residents to voice their opinions about our decisions and activities as they should. Some have been supportive, some not. There is some irony in that our District, more than any other in the County, has followed the suggestions put forth in the Washington County Governance Study. We have consolidated water management organizations and insured that all of the county is now covered by a water management organization. One of the reasons the county called for consolidation was the potential for savings of scale. The merger of CMSCWD and MWMO has resulted in savings of approximately $250,000 to the taxpayers and also achieved a more equitable method of assessing the cost of its activities. Another action suggested by the Governance Study was hiring an administrator. The District now has one point of contact for all its activities — someone who is out in the community and available to District residents all the time. We have listened to the public in our budget meetings and lowered both our budget and our levy for 2009 and it remains the lowest of all Watershed Districts in Washington County. We are achieving even more transparency with our website, cmscwd.org, where we are posting our budgets, plans and a listing of our meeting minutes and agendas. We the Board of Managers firmly believe in local control of our water resources and working with our local governments and our residents to protect and improve our lakes, streams, rivers and wetlands. We are your neighbors and welcome you to attend our meetings the first Monday of every month at 6:30 PM at the Scandia Community Center. The Board of Managers will give time to anyone and listen to everyone. Sincerely, Steve Kronmiller President TABLE OF CONTENTS Watershed District Officers Administrator Contractors Citizen Advisory Committee Wetlands Technical Evaluation Panel Technical Advisors Financial Information Approved 2008 Budget Approved 2009 Budget Watershed Governance 2008 Activity Report and Project Update Outreach and Education Activities Best Management Practices (BMP) Program Permit Program Water Quality Monitoring 4 4 4 5 5 5 6 7 8 9 9 10 12 13 18 Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 3 CARNELIAN`MARINE•ST. CROIX WATERSHED DISTRICT OFFICERS The Carnelian- Marine -St. Croix Watershed District (CMSCWD) conducts its business at its monthly meetings, which take place on the first Monday of the month at the Scandia Community Center at 6:30 PM. The annual meeting was held September 8, 2008. The 2009 budget was set and the Nominating Committee report was adopted including eliminating the vice president position and combining the secretary and treasurer positions. In the absence of the president the managers will convene meetings on a rotating basis starting and continuing alphabetically. The following list includes the officers that were elected, as well as the other managers: Steven Kronmiller, President 13450 188th St. N. Marine, MN 55047 651- 433 -4042 Tenn expires: 6/21/2009 Victoria Dupre, Secretary/Treasurer 13510 Norell Ave. N. Stillwater, MN 55082 651- 439 -8266 Term expires: 6/21/2011 John T. Bower 12405 Otchipwe Ave. N. Stillwater, MN 55082 651- 430 -2793 Term expires: 6/21/2010 ADMINISTRATOR James Shaver 21150 Ozark Ave. N P.O. Box 188 Scandia, MN 55073 651- 433 -2150 Richard S. Caldecott 33 Moonlight Bay Stillwater, MN 55082 651- 439 -7385 Term expires: 6/21/2011 Jason Husveth 17085 Olinda Trail N Marine on St. Croix, MN 55047 Term expires: 6/21/2010 John Lennes 16720 Norell Ave N Marine on St. Croix, MN 55047 Term expires: 6/21/2010 Thomas Polasik 14420 94th Street N Stillwater, MN 55082 Term expires: 6/21/2010 CONTRACTORS • Attorney, Raymond O. Marshall, of Lawson, Marshall, McDonald & Galowitz, 3880 Laverne Ave. N., Lake Elmo, MN 55042, 651- 777 -6960 • Engineer, Dan Fabian of Emmons & Oliver Resources, 3825 Lake Elmo Ave., Lake Elmo, MN 55042, 651- 770 -8448, ext. 235 • Accountant, David McCord, Ltd. 1940 Greeley St. S., Suite 101, Stillwater MN 55082, 651- 430 -9424 • Support and Communication services, Debbie Meister and Sarah Clark of MMC Associates, 1312 Portland Avenue, Saint Paul, MN 55104, 651- 647 -6816 • Newspaper, St. Croix Valley Press is the legal newspaper for the District. Notices are also published in the Country Messenger. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 4 CITIZEN ADVISORY COMMITTEE Scott Alexander 14141 Paris Ave. N. Stillwater, MN 55083 Kate Carlsen 10611 Mendell Ave. N. Stillwater, MN 55082 Rex Ewert 19650 Orwell Ave. N. Marine MN 55047 Burt Fisher 19490 Orwell St. N. Scandia, MN 55407 Mark Forliti 19710 Orwell Ave. Scandia, MN 55047 Maurice Grogan 11425 155th St. N. Marine, MN 55047 Stephen Huberty 19323 Orwell Ave. N. Marine, MN 55047 Dave Hume 14939 Old Marine Trl. N. Marine, MN 55047 Bob Iverson 14463 Oldfield Rd. Stillwater, MN 55082 Harold Johnson 18599 Layton Ave. N. Marine, MN 55047 Larry Kennedy 13997 St. Croix Trl. N. Stillwater, MN 55082 Sally Leider 23229 St. Croix Trl. N. Scandia, MN 55073 Kris Levine 9880 Stonebridge Trl. Stillwater, MN 55082 Dave and Lynn Linder 18980 Olinda Ave. Marine, MN 55047 Fran and Ann Michaud 12080 Lakamaga Trl. Marine on St. Croix, MN 55047 Gary Orlich 14777 197th St. N. Marine, MN 55047 Jack Parcheta 11345 Neal Ave. N. Stillwater, MN 55082 Jessica Parcheta 11252 Norell Ave. N. Stillwater, MN 55082 Pete and Elsie Riehle 11080 Norell Ave. N. Stillwater, MN 55082 Diane Rohan 16980 Northridge Ave. N. Marine, MN 55047 Jim Schoeller 14211 St. Croix Trl. N. Stillwater, MN 55082 Bruce Swensen 22161 Oldfield Ave. Scandia, MN 55073 Dean Tharp 14089 Oakhill Rd. Stillwater, MN 55082 Dana Vogen 21621 Oldfield Ave. N. Scandia, MN 55073 Larry Whitaker 625 Pine Cone Trl. Marine, MN 55047 Mike White 13310 188th St. N. Marine, MN 55047 WETLANDS TECHNICAL EVALUATION PANEL Jyneen Thatcher, Washington Conservation District; Ken Powell, Board of Water and Soil Resources; Jim Shaver, District Administrator TECHNICAL ADVISORS • Craig Wills, Minnesota Department of Natural Resources Area Hydrologist • Amy Carolan, Washington Conservation District Natural Resource Specialist • Jay Riggs, Washington Conservation District Manager • Erik Anderson, Washington Conservation District Water Resource Specialist Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 5 • Melissa Lewis, Board of Water and Soil Resources Board Conservationist • Debbie Meister, Amy Middleton, Sarah Clark, MMC Associates (education, outreach) • Melissa Arikian, Emmons & Olivier Resources, Natural Resource Specialist • Dan Fabian, Emmons & Olivier Resources, Engineer FINANCIAL INFORMATION The Watershed District's assets include checking accounts and a certificate of deposit. The monetary assets are comprised of the following funds: Administrative Fund, Maintenance Fund, Survey and Data Fund and General Fixed Assets Fund. The District owns real property, easements and office and water monitoring equipment. The accountant keeps the records in a computer ledger and in paper form, which is subject to inspection at any time. The records are kept at the District office and at the accountant's office. The District contracted Peggy Ahola Ltd., CPA to audit the District's financial activities and to advise on accounting procedures and practices. The District kept its assets in the Security State Bank of Marine. Deposits in excess of $250,000 are secured by the bank's pledging of qualified government securities. The assets of the District were invested in interest bearing checking, a surety and a gravity pipe reserve account. The District's financial activities are audited once a year as required by law with audit copies sent to the following: • Minnesota Department of Natural Resources Commissioner • Minnesota Department of Natural Resources Director of Division of Waters • Board Conservationist, Minnesota Board of Water and Soil Resources • Minnesota State Auditor • Washington County Board of Commissioners The District's budget for 2008 was set at the August 27, 2007 public meeting and was $550,000. The District's budget for 2009 was set at the November 3, 2008 regular meeting and was $595,450. The approved budgets and levy requirements are forwarded to the Washington County Auditor to be collected from the residents of the District. The District had a beginning cash balance of $401,210 on January 1, 2008. The District had an ending cash balance of $437,642 on December 31, 2008. The cash balances consist of the Checking account $303,305 Surety account $64,900 Gravity Pipe Reserve account $69,437 Please refer to the 2008 audit report available on our website (www.cmscwd.org) for more specific financial information. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 6 • • • • • Carnelian- Marine -St. Croix Watershed District • 2008 Budget • Approved at the August 27, 2008 Annual Meeting • • From Prior Interest, Tax Total Budget Item Years Grants. Fees Levy Budget • Engineering 40,000 40,000 • Administrator 80,000 80,000 • Manager Per Diem 15,000 15,000 Operations 33,000 33,000 • Professional Fees 10,000 10,000 • Total Operating Budget 178,000 178,000 • Carnelian Creek 10,000 10,000 • Silver Creek 10,000 10,000 • Channel Maintenance 10,000 10,000 • Met Council Outlet 4,000 6,000 10,000 Wetlands Management 15,000 15,000 • Lake Mgmt/Implementation Projects 80,000 80,000 • Water Monitoring 70,000 70,000 • BMP Program 70,000 70,000 Conservation Easements 10,000 10,000 • Education/Outreach 31,000 31,000 • Interest 1,000 1,000 • Rules Update 10,000 10,000 Plan Amendment 25,000 20,000 45,000 • Total Projects Budget 25,000 5,000 342,000 372,000 • Total Budget 25,000 5,000 520,000 550,000 • • • • • • • • • • • • • • • • • Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 7 Carnelian - Marine -St. Croix Watershed District 2009 Budget Approved at the November 3, 2008 Regular Meeting From Prior Interest, Tax Total Budget Item Years Grants, Fees Levy Budget Engineering 5,000 45,000 50,000 Administrator 70,000 70,000 Taxes, Benefits, Expenses 31,700 31,700 Manager Per Diem 11,500 11,500 Operations (20,400) 65,900 45,500 Professional Fees 16,100 16,100 Total Operating Budget (20,400) 5,000 240,200 224,800 Channel Maintenance 4,000 4,000 Met Council Outlet 6,150 6,150 Wetlands Management 5,000 5,000 Lake Mgmt/Implementation Projects 26,000 28,000 54,000 Water Monitoring 71,000 71,000 BMP Program 5,000 54,500 59,500 Conservation Easements 5,000 5,000 TMDL (30,000) 41,000 11,000 Strategic Plan Activities 25,000 25,000 Education/Outreach 48,000 48,000 Interest - - Rules Update 2,000 2,000 2,000 Plan Amendment 72,000 8,000 80,000 Total Projects Budget 42,000 78,150 342,000 370,650 Total Budget 23,600 83,150 488,700 595,450 Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 8 WATERSHED GOVERNANCE With the expansion of the District in 2007, the Managers concluded that hiring an administrator would provide a contact and visibility for the District, save money by allowing the engineer and other consultants to focus on what they do best and free managers to address policy. The change would also allow the District to be proactive — to address issues not problems, to communicate in an effective and timely manner and to provide financial and program oversight. Consultant Sarah Noah worked with a subcommittee to define needs and advertize the position. After an extensive search and interview process, Jim Shaver was hired as the District's first administrator. Consultant Steve Hobbs was hired to lead two workshops to focus on establishing a long -term vision for the District, identifying priority projects, clarifying roles and responsibilities of the administrator and board and setting five -year goals and strategies. In December, the Managers approved the strategic plan. Consultant Steve Hobbs led the Board in development of a Strategic Plan. Water Consortium: Administrator Shaver continued to represent the District on the Consortium, a county -wide committee of local water units, cities and townships, state and local natural resource agencies and County Departments to work on surface and groundwater issues that cross local water unit boundaries. Groundwater Advisory Committee: Manager Caldecott serves on the Groundwater Advisory Committee, which makes recommendations to the Washington County Commissioners on groundwater issues. He was reappointed by the County Board in 2007. 2008 ACTIVITY REPORT AND PROJECT UPDATE 2010 Plan: The Board held several workshops to develop a process for writing the 2010 Plan. In September, and again in December, residents were invited to provide input at kick -off meetings. Watershed Rules: In 2007, the District began the process of revising rules. The Board held a series of 12 workshops and six Citizen Advisory Committee and Technical Advisory Committee meetings to gather input and identify areas of concern. The Board elected to concentrate on the following areas: 1) Stormwater Management; 2) Erosion Control; 3) Lake, River, Stream and Wetland Buffer Requirements; 4) Shoreline and Streambank Alterations; 5) Watercourse and Basin Crossings; 6) Floodplain and Drainage Alterations; and 7) Wetland Management. The first draft of the new, revised rules was distributed for formal review in January 2008. Based on initial comments, the District drafted rule modifications and sought comments from agencies and local government units (LGUs). Following a second public hearing in July, the Board decided to hire a consultant to work with Emmons & Olivier Resources on further revisions to address the concerns of LGUs. Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 9 Marine Watershed Management Organization Plan Amendment: Prior to the enlargement of the District, Marine Watershed Management Organization (MWMO) drafted a Plan Amendment and distributed it for public review. The Board of Water and Soil Resources, as a condition of approving the merger of the two districts, required a public hearing on the plan amendment. In June a public hearing was held. The MWMO plan was incorporated into the current District plan in July. Mapping Drainage Easements: The District contracted with Washington County to map all drainage and public easements in the enlarged District and contracted with an abstractor to conduct a title search of the easements. Channel Maintenance: With the help of local contractors, Board members continued to monitor water levels and clear debris and beaver dams from both the Big Marine /Carnelian Creek and the Silver Creek subwatershed drainage areas. They monitored the weir at Turtle Lake to further reduce the possibility of flooding and to try to maintain adequate downstream water levels. Fairy Pond / Silver Creek Restoration Project: Another phase of work on Silver Creek was completed with a planting by Great River Greening (GRG) and the installation of rock veins to prevent streambank erosion. Additional work will continue under the Silver Creek Stream Corridor Management Plan. Carnelian Creek / Ozark Trail Projects: A project to improve Ozark Trail and mitigate stormwater from the road has been ongoing. In May, May Township paved the road. With funding from the District, Washington Conservation District installed native plants and contractor Roger Rydeen conducted restoration work along the culvert. Funding from GRG and the Minnesota Department of Natural Resources will go toward stabilization, eradication of invasives and native plantings. OUTREACH AND EDUCATION ACTIVITIES Newsletter: MMC Associates produced and mailed spring and fall issues of Watershed Update, the District's newsletter that keeps residents informed of the District's activities. The newsletters included information about lake water quality trends, what a watershed district does, how revenues are raised and spent, the BMP Program, watershed events, volunteer opportunities and watershed tips. Watershed Wisdom: The District conducted education of local middle school students through the Watershed Wisdom Program, which is directed by educator Sally Leider. The program uses an education model, developed by Ms. Leider, linking youth (Marine and Scandia schools fifth graders), with educators, scientists, artists and steward mentors in an intergenerational program to promote St. Croix River Watershed stewardship. Through the program, students learned the geography of the watershed and their place within it (their watershed address), learned about native and exotic species in the watershed and explored ways our actions on the land affect the quality of our surface and ground water. Mill Stream Day with Watershed Wisdom. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 10 The Arcola Stream Team in action. Volunteer Stream Monitoring: By studying benthic macroinvertebrates— small bottom- dwelling animal organisms that live all or part of their lives in streams and rivers — volunteers can help determine baseline stream health, monitor long -term trends and detect changes in the stream that may be attributed to changes in the watershed. Seventh- and eighth -grade students, teachers and other volunteers from Crosswinds Middle School in Woodbury have been monitoring Silver Creek since the fall of 2002. A Clean Water Legacy Water Assistance Grant in 2007 provided funding to recruit volunteers for transparency monitoring at three locations — Carnelian Creek at May Ave. and Ozark Trail and Silver Creek at Hwy 95. In April, the District Administrator met with members of Arcola Mills who were interested in forming a group to monitor the five spring -fed creeks on the property. He conducted an in- stream training session to teach proper sampling techniques followed by a lab session for invertebrate identification. In addition, the District will provide equipment and testing kits for future work on the streams. Invasive Species Education Grant: The District received a grant from the Minnesota Department of Natural Resources (DNR) for educating boaters about invasive species. The DNR provided signs and, for a cash match from the District, provided DNR staff to talk to boaters at three locations on the St. Croix River. The District posted signs at Big Marine and Square lakes. Heritage and Clean Water Festival: In late September, the District partnered with GRG and William O'Brien State Park to present the Heritage and Clean Water Festival celebrating the 40`h anniversary of the Wild and Scenic River Act. Sited on the St. Croix River, the event included environmental exhibits from local and regional groups, a re- creation of a Voyageurs encampment and bluegrass music. It culminated with a canoe race pitting participants from Wisconsin and Minnesota representing their states in a fun competition. Festival canoe race participants. Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 11 KEY PROGRAMS • BEST MANAGEMENT PRACTICES (BMP) The Carnelian- Marine -St. Croix Watershed District Best Management Practices (BMP) Program provides technical support and maintenance assistance for BMP projects. The program provides a three - tiered funding approach: plant grants of up to $500, individual assistance with a cost share of 50% and a maximum grant of $5,000 and local government units grants for organizations and municipalities to address resource issues with no set cost -share limit. The District continued to give special emphasis to raising awareness of the program in the areas new to the District. The 2008 BMP program focused on the following projects: Plant Grants • Prairie planting on Parkview Lane in Scandia • Shoreline planting on Square Lake Individual Assistance Cost Share • Rain gardens on Big Marine Lake • Rain gardens on 202nd St. in Scandia • Shoreline stabilization on Big Carnelian Lake • Prairie restoration on Keystone in Hugo • Rain gardens on Square Lake Local Government Unit Cost Share • Carnelian Hills /130`h Street infiltration basin with native plantings • Ozark Avenue, May Township stabilization, culvert addition and rain gardens 202nd Street rain garden 130th Street Project infiltration area Ozark Avenue stormwater /rain garden project Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 12 • • • • • • Fry,Ifrprii • 110 -401140.40.11111w KEY PROGRAMS • PERMIT PROGRAM he District continued to implement its permit and review program. The permit program . primarily prevents future problems that would require large expenditures of District funds to correct. The fee schedule adopted in November 2005 remained the same in 2008. The District continued to coordinate its review and permit program with the other state, county and . local government agencies. It is not the intent of the CMSCWD to add an additional layer of government to the resident application process and the District works with these agencies in an • attempt to streamline the process. The CMSCWD permits all subdivisions and land disturbing • activities within 100 feet of its lakes, streams and wetlands that may impact those resources. In . 2008 much of the permit activity was carried out by District engineer Dan Fabian, with assistance and oversight from District managers. A description of each District Comment and Permit is . included below. District Comments: ID • • Comment 07 -015: Project involves a wetlands excavation violation, near Otchippwe Trail and 100th St., in the Silver Creek Watershed Management Area. Jyneen Thatcher of the • Washington Conservation District (WCD) is following through with owner and contractor on ID Restoration restoration requirements so project meets exemption for wildlife improvements. Restoration efforts were completed and exemption granted by Ms Thatcher, on behalf of • WCA authority for Stillwater Township. • • Comment 07 -018: Old Marine Estates Minor Sub - division on Big Marine Lake. District provided comments to Scandia on proposed sub - division. District permit required. • • Comment 07 -019: BTG (permit application 02 -041) and BTG -II (permit application 02- . 049) five -year mining permit renewal of conditional use permit by Washington County. County and Township approved with condition that Watershed District permit be obtained. • Owner's representative provided funds as an initial deposit to cover District review fees. • District Engineer met with owner's representative, went through the submittal briefly, and provided additional information required for the application to be considered complete. District had previously received incomplete permit application submittals (including . insufficient fees) for both of these pits in 2002. During that time the applicant made some improvements to the property and was working for a while with the US Natural Resources • Conservation Services field representative to improve agricultural practices. District concerns • were discussed in more detail in the Emmons & Olivier Resources (EOR) comment letter to the County dated September 24, 2007. Since it had been several years since District received • any information from developer on these projects, Managers took action to officially close • the old permit applications and proceed with the new application received January 25, 2008. • Comment 08 -001: Tiller Corporation Scandia Mining Operation, German Lake • Subwatershed Management Area. Provided comments on additional information needed to • be considered complete for District permit application submittal. A complete District permit application was eventually received and acted on by District. • Comment 08 -002: Dresel contracting Scandia Mining Operation, German Lake • Subwatershed Management Area. This operation is adjacent to and connected with the Tiller Corp. Mining Operation. Provided comments on additional information needed to be • Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 13 • considered complete for District permit application submittal. A complete District permit application was eventually received and acted on by District. • Comment 08 -003: Bracht Brothers Scandia Mining Operation, located in former Marine Watershed Management Area (MWMO). Provided comments on additional information needed to be considered complete for District permit application submittal. A complete District permit application was eventually received and acted on by District. • Comment 08 -004: Marine Landing Marina on St. Croix River. Existing marina requires MN Department of Natural Resources (DNR) permit for replacement of existing docks. Provided comments and District Natural Resource Inventory (NRI) information to DNR. Project does not require a District permit. • Comment 08 -005: Scandia Lilleskogen Park Draft Restoration Plan. Provided comments and District NRI and wetlands inventory information. • Comment 08 -007: Property located on Big Marine Lake. District provided comment to DNR on proposed dredging project to create a navigable channel to open water. This project had been proposed several years ago and board felt request was reasonable. Project is needed due to the placement of a fill strip (many years ago) by neighbor who impacted lake access. Since all work proposed is below the ordinary high water level and away from the shoreline, it is in DNR jurisdiction. A separate Watershed District permit was not required. • Comment 08 -008: Big Marine Regional Park Reserve on Big Marine Lake. County Parks Department proposed maintenance work on Lomond Trail from the Park boat access to the old DNR access on the east side of the bay. Lomond Trail is an existing May Township Road right -of -way that has been turned over to the County. The road has been in disrepair since at least the early 1980s due to flooding. Portions of the road appear to have reverted to wetlands. District attended a site meeting with the Wetlands Technical Evaluation Panel (TEP) to view the site and get more information on County's plans for short-term maintenance and long -term park trail maintenance. In addition to probable wetland issues, the District is interested in the road continuing to be available from each end, for maintenance of the channel that was cut through the road as part of the District's outlet project in 1984. Short-term plans by County to fill a small portion of the existing roadbed were determined to only impact incidental wetland. Project needed for emergency, maintenance vehicle and trail access to area. This short-term project work did not require a District permit since it is allowed under WCA and is less than 1,000 square feet of disturbed area. • Comment 08 -009: Frattalone proposed Mining Operation in May Township along the corridor of Carnelian Creek. District provided comment to May Township on proposed new mining operation. District provided information on the parcel and identified need for a District permit if the landuse authorities (May Township and Washington County) grant the conditional use permit needed for the mining operation. May board chairman discussed this proposed project with the Managers at the September board meeting and identified a discrepancy between Township and County zoning maps for the shoreland district. District Engineer offered opinion in support of the Township's shoreland district delineation. • Comment 08 -010: Project property located on Big Carnelian Lake. District provided comments to May Township and Washington County on proposed shoreland variance to construct deck on top of existing concrete patio. A District permit was not required as no land disturbance nor increase in impervious surface is proposed. District comments noted that the existing impervious coverage appears to exceed 25 percent and suggested that County attach a stipulation to any variance granted requiring the applicant to provide some stormwater quality treatment practices. • Comment 08 -011: Project property is 2°a tier lot on Big Marine Lake. Owner filled in a stream /ditch on property and installed a culvert extension that connects to City storm sewer to pick -up flows. All work to date done without any permits from any agencies. No District or City permits were issued for this project. The owner was provided with a permit application Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 14 form by District Administrator. Application lacks the additional design information needed for review and is consider incomplete. Owner attended the December District board meeting to explain his situation. Managers directed Engineer to put together an estimate for a hydrologic model of existing and proposed conditions. Permits: • Permit 03 -044: Big Marine Store Development, located in the Big Marine Lake Subwatershed Management Area. No new information has been received on this project. Current permit status is open. District is still waiting for the plans to provide permanent solutions to problem and as -built drawings to finalize existing permit. • Permit 06 -002: Millbrook Development on South Twin Lake, (former Palmer Property). Joint inspections with Brown's Creek Watershed District are continuing. District received notice that developer's on -site person for erosion and sediment control inspections was laid off (due to economy) and another person has been assigned those responsibilities. • Permit 06 -016: Project included tear down of three existing cabins and construction of new home on Big Carnelian Lake. Administrator received a request from applicant for return of the $400 surety. • Permit 06 -019: Tii Gavo - Major Subdivision on Big Marine Lake. Project road and facility construction continued in 2008. No home construction occurred. District received correspondence from developer's engineer looking into a request for reduction in letter -of- credit, which was not granted. District holds a cash surety on this project and is not likely to reduce it until the site is built out. District Administrator provides site observation when needed. • Permit 07 -006: Old Marine Estates Minor Sub - division on Big Marine Lake. Received complete permit application on Thursday, March 13, 2008. Completed review with recommendation of approval with stipulations. Copy of review provided to Scandia for its April 1, 2008 consideration in determining approval of final plat for project (part of District effort to coordinate reviews with City). Project is a minor subdivision and Managers have previously delegated staff approval of this type of permit, if it is non - controversial. Applicant's engineer has indicated that client may take exception to District requiring recorded title declarations for stormwater facilities and buffer locations and maintenance and operation plans for long -term effectiveness of facilities. Permit 07 -010: Project property located on Big Marine Lake. Owner was grading in the shoreland and bluff areas and constructing a retaining wall without any permits. Scandia is taking the lead on this issue. District received a permit application, which was incomplete. Permit 07 -012: Project for construction of a new home on Square Lake. Proposed project included removal of existing structure and new construction. Shoreland ordinance variance required as entire lot is located in the bluff area. New structure set back to meet the 100 -foot lake setback requirement and significant infiltration practices, such as pervious pavement driveway and several raingardens, are proposed for control of stormwater runoff. District issued permit. Permit 07 -014: Greshowak Minor Subdivision of parcel into two total lots. Issued permit with stipulations for some revisions to plan sheet. Received copy of revised plan sheets with changes requested. • Permit 08 -001: BTG and BTG -II May Township Mining Operation renewal of conditional use permit by County. No additional submittal information on this development was received. Currently waiting for remaining materials to complete permit application. Refer to Comment 07 -019 for additional information. • Permit 08 -002: May Township 2008 Street Improvements. Project included coordination with District Ozark Trail BMP project construction. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 15 • Permit 08 -003: Tiller Corporation Scandia Mining Operation, German Lake Subwatershed Management Area. Issued permit with remaining issues added as permit stipulations. • Permit 08 -004: Dresel contracting Scandia Mining Operation, German Lake Subwatershed Management Area. Project site is adjacent to the Tiller Corporation Mining Operation. Issued permit with remaining issues added as permit stipulations. • Permit 08 -005: Bracht Brothers Scandia Mining Operation, located in former MMWMO. Issued permit with remaining issues added as permit stipulations. • Permit 08 -006: Old Marine Estates Minor Subdivision on Big Marine Lake. Permit issued and construction completed. Administrator received request for final site inspection and return of surety from owner. Final site inspection was completed. Administrator is verifying filing of protective covenants prior to final recommendation for release of surety. • Permit 08 -007: Project for driveway improvements on Big Carnelian Lake. Provided location maps to Administrator. Administrator coordinated with Washington County and WCD. Permit was issued. Administrator expects a request for return of surety in the near future as disturbed areas appear to have been restored. • Permit 08 -008: New Home on Big Carnelian Lake. This project required a variance from the County Shoreland Ordinance. District provided comments under Comment 07 -025. Administrator received a permit application (currently considered incomplete per FOR review). Currently waiting to receive information needed to complete the permit application so review can be completed. All correspondence is now going through District and applicant's attorneys. Mangers instructed staff to bring completed application with recommendations to the board for a final decision on permit issuance. • Permit 08 -009: Project for retaining wall adjacent to landlocked wetland. District received application. District currently waiting for additional information from applicant. • Permit 08 -010: Riprap repair project on Big Marine Lake. District received application and issued permit. • Permit 08 -011: Project to install field road culvert between two wetlands in May Township. District received permit application. Provided culvert sizing computations and recommendations as requested. Applicant to reimburse District for expenses related to computations. This site also has a previous wetland issue from 2000, which will be completed at this time. District coordinated with Township and Jyneen Thatcher. Permit was issued, project completed and surety applied to District costs. • Permit 08 -012: Project for removal of annual ice ridge on Square Lake residential property. District received permit application and issued permit. • Permit 08 -013: Project for construction of retaining wall at toe of existing slope by isolated wetland. Property located on Big Marine Lake. (Wetland is not adjacent to lake.) District is coordinating with Jyneen Thatcher on wetland issues. Permit issued with stipulations for erosion control, protection of wetland and restoration with native vegetation. Noted use of one time de -minis exemption. Permit 08 -014: Grading and drainage project for property on Square Lake. Final site inspection was completed by Administrator and surety returned. Permit 08 -015: Big Marine Lake property. District received permit application for repair of existing riprap. Permit was issued. Permit 08 -016: Big Marine Lake property. District received permit application for repair of existing riprap. Permit was issued. • Permit 08 -018: Big Carnelian Lake project. Proposed project to replace existing garage with new garage that includes living space. Project will not require a variance from shoreland ordinances, but does require a District permit due to area of disturbance. Received completed permit application. Project did not propose any increase in impervious area so main permit stipulation was for erosion and control plan meeting WCD recommendations. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 16 • Permit 08 -017: Pine Cone Trail Sanitary Sewer Extension in Marine on St. Croix. District received permit application and supporting documentation from City engineer. Sewer lines will be installed with directional boring so there should be minimal disturbance. Permit is required because removal of two mound systems exceeds District 1,000 square -foot disturbance threshold. Permit was issued. • Permit 08 -018: Project at residence on Big Carnelian Lake. Received request for information on permit requirements from architect/surveyor for proposed garage replacement and driveway improvements. Provided information and informal comments. Project will not require a variance from shoreland ordinances, but does require a District permit due to area of disturbance. • Permit 08 -019: Driveway wetland fill on Big Marine Lake. This project required an after - the -fact permit and significant coordination between District, Scandia and WCD. Applicant's engineer revised the plans to include a 24 -inch stream culvert, two 18 -inch culverts and a 15 -inch culvert spread out along the road crossing of the wetland. Design also called for installation of a 100 -foot rock overflow weir at elevation 945.0. District Administrator received a complete permit application and agreed on fees. Construction was completed the week of December 1, 2008. Project was observed by District Administrator, City staff, and Wetlands TEP including Jyneen Thatcher (WCD) and Melissa Arikian (EOR). TEP reported that wetland conditions in road were as expected. Record drawing as- builts of project were submitted by developer's engineer. A review of those drawings show that the overflow weir was constructed at only 40 -feet long instead of the 100 -feet long weir called for in the design. Developer's engineer notes this was done due to contractor concerns about the soft silty gray sands encountered and concern about road stability. Developer's engineer also noted that additional review may be needed in the spring. District is withholding return of surety until project is evaluated this spring for compliance with permit conditions. • Permit 08 -020: Project property located on Hay Lake. Project involved grading and erosion control related to establishment of a new lawn. Final site inspection was completed by Administrator and surety returned. • Permit 08 -021: Washington County Square Lake Regional Park proposed entrance road reconstruction and widening. District received additional information completing permit application for grading, erosion and sediment control associated with reconstruction of the road. Permit was issued. Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 17 KEY PROGRAMS: WATER QUALITY MONITORING Twelve of the District's 30 lakes have been classified as impaired by the Minnesota Pollution Control Agency (MPCA). With funding from the MPCA, the District, through a contract with the Washington Conservation District (WCD), began monitoring ten lakes for three biological factors. (Three physical factors will continue to be monitored through the District's regular Water Monitoring Program.) Monitoring data will be used to develop a Total Maximum Daily Load (TMDL) plan for each lake. Administrator Shaver has begun organizing meetings with lake associations to begin engaging residents in issues around their impaired lakes. Additional public input will be solicited through Technical Advisory Committee, Citizen Advisory Committee and public meetings and other avenues. The District monitored 28 lakes, six perennial streams and one lake outlet in their 2008 water quality monitoring program. Five lakes /wetlands that were monitored in 2007 were not monitored during the 2008 season (205`h St. Wetland, Cty. Rd. 7 Wetland, Loon Wetland, Mud and Maple Marsh Lakes). Water quality data collected over the past year provides some observations concerning the status of the lakes and streams monitored in the CMSCWD. The number of lakes in 2008 receiving A lake grades (nine total) increased by five, including Twin which was not monitored in 2007, and Clear and Mays which were monitored by a volunteer; B lake grades (six total) decreased by two; C lake grades (nine total) increased by one; D lake grades (three total) decreased by one; and F lake grades (one total) stayed the same when compared to 2007. In 2008, Loon remained at the bottom of the grade scale (F), holding the same grade from 2006 and 2007. Lakes near the bottom of the grade scale have heavy summer algal blooms and dense macrophyte beds near shore. A change in land use practices in the watershed may stabilize water quality although it may not be enough to provide short-term noticeable improvements. Chemical treatment such as alum would most likely show the most promise for short-term noticeable improvement. This is the case because the water quality in a lake depends on a number of different variables such as size of the contributing watershed, depth of the lake, and the current amount of nutrients available and periodically released from the lake bottom. Once again in 2008 the WCD conducted Kendall Tau statistical trend tests on all lakes monitored within the county. For CMSCWD, thirteen lakes had either an increasing or decreasing trend. Little Carnelian, Big Carnelian, West Boot, Long (May Township), Jellum's Bay, Long (City of Scandia), Hay and Fish Lakes all had an increasing Secchi disk (SD) transparency readings. This trend points to improving water quality. Square, Louise and Loon Lakes had decreasing Secchi disk transparency trends, indicating declining water quality. Of the eleven lakes mentioned above, only four had a corresponding total phosphorous (TP) trend. Long (May Township), Long (City of Scandia) and Hay Lakes had decreasing TP (improving trend), indicative of the increasing SD trend and improving water quality. Loon Lake once again had increasing TP (declining trend), correlating to the SD decreasing trend and declining water quality. Bass Lake had decreasing TP, but no SD trend was apparent. Silver Lake also had decreasing TP, but no trend for SD can be determined due to the shallowness of the lake. Carol, German, North Twin and Turtle are also considered shallow lakes and therefore have no trend for SD. Twin, Clear and Mays Lakes were monitored for the first time this year so there is not enough data to create a trend. Some lakes Carnelian - Marine -St. Croix Watershed District • 2008 Annual Report 18 within the watershed that may appear to show a strong trend do so because of the limited number of years they have been monitored. Among the lakes in the watershed that have five to ten years of monitoring records, there appears to be a cycle of increasing and decreasing water quality. These short-term cycles should not be assumed to necessarily represent a long -term trend. Results of the 2008 lake monitoring data are summarized in Table A below. Table A: 2008 Overall Lake Grades and Trophic Status 2008 Ranking Lake 2006 Lake Grade 2007 Lake Grade 2007 Trophic Status 2008 Lake Grade 2008 Trophic Status 1 Little Carnelian A A Oliqotrophic A Oligotrophic 2 Big Carnelian B+ A Mesotrophic A Oligotrophic 3 Square A A Mesotrophic A Oligotrophic 4 Clear NA NA NA A Oligotrophic 5 Mays NA NA NA A Oligotrophic 6 West Boot A A- Mesotrophic A Mesotrophic Mesotrophic 7 Terrapin B+ B+ Mesotrophic A 8 Big Marine B- B Mesotrophic A Mesotrophic 9 Twin NA NA NA A Mesotrophic 10 Staples B B Mesotrophic B Mesotrophic 11 North Twin B B- Mesotrophic B Mesotrophic 12 Long (May Township) B- B- Eutrophic B Mesotrophic 13 Bass C+ C+ Eutrophic B Mesotrophic 14 Long C C Hypereutrophic B Mesotrophic 15 East Boot C C+ Eutrophic B- Eutrophic 16 German B- B Mesotrophic C Mesotrophic 17 Turtle C B Mesotrophic C Eutrophic 18 Carol B- B- Mesotrophic C Eutrophic 19 Hay C- C- Hypereutrophic C Eutrophic 20 Sand C+ C+ Hypereutrophic C Eutrophic 21 Silver C- C Eutrophic C Eutrophic 22 Goose C- C- Hypereutrophic C Hypereutrophic 23 Jellum's D+ C Eutrophic C- Hypereutrophic 24 Fish D D Hypereutrophic C- Hypereutrophic 25 Louise D D Hypereutrophic D+ Hypereutrophic 26 South Twin D+ D+ Hypereutrophic D+ Hypereutrophic 27 Barker C D Eutrophic D Hypereutrophic Hypereutrophic 28 Loon F F Hypereutrophic F Stream Monitoring in CMSCWD is continuing to produce valuable baseline water - quality information. This information will be a helpful tool in determining a healthy balance of resources as the watershed district continues to experience growth and changes in land use. The total phosphorus load in Silver Creek Watershed for 2008 was 0.05 kg /ha /yr. The total phosphorus load at the Little Carnelian Lake Outlet, the Carnelian Creek Watershed discharge to the St. Croix River, was 0.002 kg /ha /yr. The total phosphorus load at Ozark Trail, the first station upstream from Little Carnelian Lake, was 0.06 kg /ha /yr. The total phosphorus load in Gilbertson's Creek watershed was 1.30 kg /ha /yr. The total phosphorus load in Swedish Flag Creek Watershed was 0.07 kg /ha /yr. The total phosphorus load in Mill Stream Watershed was 0.01 kg/ha /yr. The total phosphorus load in Willow Brook Watershed was 0.03 kg / /ha /yr. This data shows the loading for these streams is less than all the categories within the "phosphorus export coefficients estimate range by land use ". The spikes in total phosphorus and total suspended solids are correlated with storm events and increased spring runoff. It is unclear whether a particular, identifiable source contributes to these increased levels or if the levels are simply part of the stream's chemistry cycle. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 19 The climate that occurred in 2008 was one of below normal precipitation. This caused many lake elevations to decline through much of the summer. Water flowed at all stream monitoring sites for the entire monitoring season except Little Carnelian Outlet, which quit flowing in early August and remained dry for the rest of the monitoring season. Water quality samples were collected at all stream monitoring stations throughout the entire monitoring season. The Ozark Trail site remains vital in understanding the water quality of Carnelian Creek, Big Carnelian Lake and Little Carnelian Lake. General Stream Site Recommendations • Continue to monitor Carnelian Creek, Silver Creek, Gilbertson's Creek, Swedish Flag Creek, Mill Stream and Willow Brook to help determine potential water quality trends and water quality standard exceedances. • Maintain and improve stream - rating curves with in- stream flow measurements. • Initiate BMP projects on stream reaches where TSS and TP loadings are highest and especially higher during storm events and assess the effectiveness of those projects. • Provide scheduled channel maintenance in order to better regulate flows, prevent possible flooding and allow more accurate data collection. • Sample for heavy metals and hardness at all sites to determine if possible deposition is occurring through anthropogenic loading from nearby discharge sources. Carnelian Creek At Ozark Trail — Continuous Monitoring Total phosphorus loading for this site was below the forest landuse. This monitoring point receives water primarily from all points north of Big Carnelian Lake, including Bass Lake, Turtle Lake, Big Marine Lake and associated wetlands. Continued monitoring in conjunction with in- lake monitoring of Big Carnelian Lake will provide for a better understanding of Carnelian Creek. At this point Big and Little Carnelian Lakes are the primary water bodies receiving runoff from Carnelian Creek and settle out many nutrients previous to the outlet of the watershed at Little Carnelian Lake. The streambank restoration BMP implemented by the District in 2006 encompassing this location provides additional bank stabilization, better habitat for fish and macroinvertebrates and will further reduce loadings. The paving of Ozark Trail and directing road runoff into a raingarden before entering the creek will reduce road washout and also help to alleviate additional loads in the future. Monitoring should continue at the Ozark Trail site to assess the effectiveness of these BMP projects. At Outlet of Little Carnelian Lake — Watershed Outlet Monitoring Program (WOMP) Station — Continuous Monitoring Total phosphorus loading for this site was below the forest landuse category. There was flow past the outlet from the end of April through the beginning of August so grab samples were able to be collected and loads calculated. In recent years, the lake outlet has been dry for part of the season and it should be reassessed whether this is a suitable location for a WOMP station for future monitoring. No water bodies receive runoff from Carnelian Creek downstream of this location other than the St. Croix River. Silver Creek At Highway 95 — WOMP Station — Continuous Monitoring Total phosphorus loading for this site was below the forest landuse (overall lowest landuse load). No water bodies receive runoff from Silver Creek at this point other than the St. Croix River. There are large amounts of groundwater that discharge from the bedrock after Silver Creek drops into the ravine downstream of Fairy Falls. As in past years, 2008 precipitation amounts varied Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 20 greatly through the monitoring season and groundwater was the main water contribution during many periods. Groundwater was the only water source at the Highway 95 site indicated by no water flowing where the creek crosses County Road 11. Gilbertson's Creek At Quinnell Ave – Continuous Monitoring 2008 was the first monitoring season for Gilbertson's Creek since 2003, when only stage and discharge data was collected. Total phosphorus loading here was above all the landuse categories, which can be attributed to the fact that the watershed is only 84 acres in size and only three storm samples could be collected. No other water bodies receive runoff from Gilbertson's Creek other than the St. Croix River. This is a flashy stream, with the level of the stream staying relatively steady throughout the season, only rising slightly during storm events and quickly returning to base flow. Further monitoring is recommended on Gilbetson's Creek to develop water quality trends and to better assess any impacts this stream has on the St. Croix River. Swedish Flat Creek At the intersection of Highway 95 and Quinnell Ave – Continuous Monitoring 2008 was the first monitoring season for Swedish Flag Creek since 2003, when only stage and discharge data was collected. Total phosphorus loading for this site was below the forest landuse category and no other water bodies receive runoff from Swedish Flag Creek other than the St. Croix River. This site had relatively low flow throughout the water monitoring season and transparency was always quite low. Further monitoring is recommended on Swedish Flag Creek in order to develop water quality trends and to better assess any impacts this stream has on the St. Croix River. Mill Stream In Marine on St. Croix, Upstream from Judd St. – Continuous Monitoring 2008 was the first year Mill Stream was monitored by the WCD; the St. Croix Watershed Research Station had monitored previous years. Total phosphorus loading for this site was below the forest landuse category. This site was continuously monitored with a Campbell Datalogger for stage, conductivity and temperature and water quality grab samples were collected. Mill Stream is a designated trout stream and no other water bodies receive runoff from this stream other than the St. Croix River. Further monitoring is recommended on Mill Stream to develop water quality trends and to better assess any impacts this stream has on the St. Croix River. Willow Brook In the Croixside Neighborhood Along Highway 95 – Continuous Monitoring 2008 was the first year that the WCD ran a monitoring station on Willow Brook. Total phosphorus loading here was below the forest landuse category. Willow Brook was continuously monitored with a Campbell Datalogger for stage, conductivity and temperature. Water quality grab samples were also collected. Willow Brook is a designated trout stream and no other water bodies receive runoff from this stream other than the St. Croix River. This is a flashy stream with the level only rising slightly during storm events and staying relatively steady throughout the rest of the season. Further monitoring is recommended on Willow Brook in order to develop water quality trends and to better assess any impacts this stream has on the St. Croix River. For additional information on water monitoring work, or for a copy of any Lake Newsletter —a one -page snapshot of each lake's characteristics and its current and past water quality— contact the District office at 651 - 433 -2150 or download the report at www.cmscwd.org. Carnelian- Marine -St. Croix Watershed District • 2008 Annual Report 21 CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, October 12, 2009 The City of Stillwater Planning Commission will meet on Monday, October 12, 2009, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF SEPTEMBER 12, 2009 MINUTES 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concems expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 09 -38. A special use permit amendment for an 88 unit senior care facility located at 12525 75th Street North in the RB, Two Family residential District. Greg Johnson, applicant. Continued from September 14, 2009 Planning Commission Meeting. 4.02 Case No. 09 -39. A variance request for an addition on a nonconforming lot bcated at 437 Broadway Street South in the RB, Two Family Residential District. David and Kathleen Newman, applicant. 4.03 Case No. 09 -41. A variance request for an addition on a residence located at 422 Elm Street West in the RB, Two Family Residential District. Brian Larson, Larson Brenner Architects, representing Terence Acers, applicant. 4.04 Case No. 09 -42. A variance request for an addition on a nonconforming lot located at 1306 5th Street South in the RB, Two Family Residential District. Oliver Vrambout, applicant. 5. OTHER BUSINESS cS1jkr THE BIRTHPLACE OF MINNESOTA FIRE DEPARTMENT September 28, 2009 May Township Supervisors 13519 May Avenue North Stillwater, MN 55082 Dear Township Chair and Board of Representatives: The Stillwater Fire Department invites the May Township Board of Supervisors to help kick off this years Fire Prevention Week Campaign. National Fire Prevention Week 2009 is October 4-10. This year's national theme is "It's Fire Prevention Week — Stay Fire Smartt Don't get Burned." effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year -round. To show our appreciation for your ongoing support of the Stillwater Fire Department in May Township you are cordially invited to share dinner with the Department, meet the staff, and check out new equipment recently placed in service. Please join us: What Dinner /Open House When: Tuesday, October 6 Where: Stillwater Fire Department 216 North Fourth Street Stillwater, MN 55082 (651) 351.4963 Time: 6:00 pm In addition to this event the Department will be hosting several other activities throughout the month of October to help educate citizens on fire safety. Numerous station tours, school visits, smoke detector giveaways, and our ever popular open house will be held on Saturday, October 10, from 10:00 am — 1:00 pm. The Department looks forward to seeing you on Tuesday, October 6. Sincerely, Stuart W. Glaser Fire Chief CC: Stillwater City Council Larry Hansen, City Administrator 1 216 North Fourth Street • Stillwater, Minnesota 55082 PHONE: (651) 351 -4963 • FAX: (651) 351 -4967 cSti1hr THE BIRTHPLACE OF MINNESOTA FIRE DEPARTMENT September 28, 2009 Grant City Council PO Box 577 Willemie, MN 55090 Dear Mayor and City Council Members: The Stillwater Fire Department invites the Grant City Council to help kick off this years Fire Prevention Week Campaign. National Fire Prevention Week 2009 is October 4-10. This year's national theme is "It's Fire Prevention Week - Stay Fire Smart! Don't get Burned." effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year - round. To show our appreciation for your ongoing support of the Stillwater Fire Department in the City of Grant you are cordially invited to share dinner with the Department, meet the staff, and check out new equipment recently placed in service. Please join us: What Dinner /Open House When: Tuesday, October 6 Where: Stillwater Fire Department 216 North Fourth Street Stillwater, MN 55082 (651) 351.4963 Time: 6:00 pm In addition to this event the Department will be hosting other events throughout the month of October to help educate citizens on fire safety. Numerous station tours, school visits, smoke detector giveaways, and our ever popular open house will be held on Saturday, October 10, from 10 :00 am —1 :00 pm. The Department looks forward to seeing you on Tuesday, October 9. Sincerely, �CLi Stuart W. Glaser Fire Chief CC: Stillwater City Council Larry Hansen, City Administrator 1 216 North Fourth Street • Stillwater, Minnesota 55082 PHONE: (651) 351 -4963 • FAX: (651) 351 -4967 • W er THE BIRTHPLACE OF MINNESOTA FIRE DEPARTMENT September 28, 2009 Stillwater Township Supervisors 13636 90th St N Stillwater, MN 55082 -9660 Dear Township Chair and Board of Supervisors: The Stillwater Fire. Department invites the Stillwater Township Board of Supervisors to help kick off this years Fire Prevention Week Campaign. National Fire Prevention Week 2009 is October 4-10. This year's national "theme, is "It's Fire Prevention Week — Stay Fire Smartt Don't get Burned." effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire: Prevention Week and year - round. To show our appreciation for your ongoing support of the Stillwater Fire Department in Stillwater Township you are cordially invited to share dinner with the Department, meet the staff, and check out new equipment recently placed in service. Please join us: What: Dinner /Open House When: Tuesday, October 6 Where: Stillwater Fire Department 216 North Fourth Street Stillwater, MN 55082 (651) 351.4963 Pm, In addition to this event the Department will be hosting several other activities throughout the month of October to help= educate citizens on fire safety. Numerous station tours, school visits, smoke detector giveaways, and our ever popular open house will be held on Saturday, October 10, from 10:00 am — 1:00 pm. The Department looks forward to seeing you on Tuesday, October 6. Sincerely, Stuart W. Glaser Fire Chief CC: Stillwater City Council Lary Hansen, City Administrator 1 216 North Fourth Street • Stillwater, Minnesota 55082 PHONE: (651) 351 -4963 • FAX: (651) 351 -4967 Washington � BOARD AGENDA OCTOBER 6, 2009 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Garment, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meegibegins and give it to the County Board secretary or the County Administrator. The County Board Chair wiikk 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 Boarddzir 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 t rheduled agenda items. 3. 9:10 Consent Calendar 4. 9:10 Property Records and Taxpayer Services — Kevin Corbid, Director Classification as Non - Conservation and Sale or Conveyance of 25 Tax Forfeited Parcels 5. 9:20 General Administration — Jim Schug, County Administrator 6. 9:30 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 mutters of interest and information, or raise questions to the staff. This action is nahtended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 9:50 Executive (Closed Session) with Public Works Discuss Proposed Cost of Right of Way and Appraisal in Connection with the SW Quadrant of County Road 83 and I -35 9. 10:20 Adjourn 10. 10:25 to 11:25 — 2010 Budget Workshop - Public Health and Environment - Internal Services 11. 11:25 to 11:55 — Board Workshop with the Office of Administration Review Draft Criteria for the Land and Water Legacy Conservation Plan ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most curent information) Date Committee Time Location October 5 Paul October 7 October 7 Grant Evaluation /Ranking System Committee Metro Emergency Services Board I -94 Corridor 10:30 a.m. 2:30 p.m. 2:00 p.m. 125 Charles Avenue — St. 101 Empire Drive — St. Paul 8301 Valley Creek Road— Woodbury City Hall Assistive listening devices are available for use in the County Board Room If vnu nr.nrf aeeiManna dna In dicahilih, nr lannuanp harrier nInaea rail 8511 4111RnI n EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* OCTOBER 6, 2009 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the September 8, 15 and 22, 2009 Board meeting minutes. B. Approval to designate the 2009 Association of Minnesota Counties Delegate list. C. Approval to appoint Martha Gerkey, Stillwater Township, and Guy Sederski, Oak Park Heights, to the Child Protection Citizen Review Panel, to first terms expiring June 30, 2011. Accounting & Finance D. Approval to continue independent audit services with Larson Allen, LLP for the next three fiscal years (2009 — 2011). Community Services E. Approval of contract with HealthPartners, Inc. to provide Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill and to purchase the county's vendor network for individuals on Medical Assistance waivers. Human Resources F. Approval of Post Employment Health Care Savings Plan for the Captains and Commanders. Public Health and Environment G. Approval to enter Amendment #1, of an agreement with Comfort Keepers, Cottage Grove, for Home and Community Based Health Services and authorization for the County Board Chair and County Administrator to execute the contract. Public Works H. Approval of budget amendment in the amount of $43,000 for the replacement of well at the Lake Elmo Park Reserve primitive campground. Sheriff I. Adoption of resolution, agreement with the Minnesota Department of Transportation to provide road life compensation to the county for the detour of traffic off of TH 95 onto county roads. J. Adoption of resolution, bid award for turn lane on County State Aid Highway 13 in the City of Lake Elmo to Tower Asphalt, Inc., lowest responsible bidder, in the amount of $204,694.72 conditioned upon the execution of a contract as approved by law. K. Adoption of resolution, construction grant agreement with the Minnesota Department of Transportation to accept General Obligation Bond Proceeds under the Local Road Improvement Program, Rural Road Safety Account in the amount of $163,755.78 for construction of turn lanes on County State Aid Highway 13 at 15th Street North in the City of Lake Elmo. L. Adoption of resolution authorizing the Sheriff to execute grant agreements and any amendments necessary to participate in the Minnesota State Patrol grant programs including Safe & Sober, Night Cap, HEAT, Motorcycle Task Force, and EUDL, for a three year period, per request of the Minnesota State Patrol. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vo@ommissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Summary of Proceedings Washington County Board of Commissioners September 22, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Gary Kriesel, District 3; absent. Board Chair Peterson presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — reported on his trip to Washington D.C. last week to meet with the county's congressional delegation and believes it was a successful trip; and he will be meeting with the Minnesota Department of Natural Resources this evening concerning the County Road 83 overpass; Commissioner Weik — reported on the Counties Transit Improvement Board meeting which heard a report that four or five park and rides were over capacity and one is in Maplewood; they discussed having a GEARS committee member sit at CTIB as a non - voting member; she taped County Insight last week which discussed the proposed 2010 budget; Woodbury will hold an Eco -Fair on Saturday in Central Park at 10:00 a.m.; she reported on the Public Health and Emergency Preparedness Advisory Committee meeting which discussed the H1N1 flu and seasonal flu outbreak and the county is prepared to handle those; tomorrow she will be making a presentation on the new county Environment Center at the Solid Waste Management Coordinating Board meeting; on September 28 she will attend the Woodbury city -wide kickoff for the Yellow Ribbon Network at East Ridge High School; and this weekend she will be at the University of Minnesota Itasca Biological Station and Laboratory which is celebrating its centennial; Commissioner Peterson —noted that the county received a letter from the Stillwater Township Police Department thanking Tom Adkins and the Sentence to Service crew leaders for their buckthorn removal project; on November 5 the Transportation Alliance will hold their annual meeting and will feature the construction forecast; the North Star Commuter Service will begin on November 16; on Thursday, September 24 there will be a forum entitled Local Impacts of State Budget Cuts at the Boutwells Landing Care Center; the AMC Board of Director's meeting is on Friday; and the Transportation Alliance Board of Director's meeting is on Monday, September 28; Commissioner Pulkrabek — reported that he and Commissioner Weik met with former Senator Brian LeClair yesterday and noted he has a new position of Senior Policy Advisory on health care issues with the Governor; and an attorney friend of his who practices in Washington County went out of his way to say how good, courteous, and professional the county's court staff is. Community Services Approval of agreement with Salvation Army to provide homeless prevention services with Family Homelessness Prevention and Assistance Program funds. General Administration Approval of the following actions: Distinguished Budget Presentation Award from the Government Finance Officers Association for the 2009 budget document; Board workshop held to discuss the proposed 2010 budget with Library /Law Library and Property Records and Taxpayer Services. Property Records and Taxpayer Services Approval of the plat of Baytown Hidden Prairie 2 "d Addition, Baytown Township. Public Health and Environment Approval of amendment to the Public Health Preparedness and Cities Readiness Initiatives project agreement with the Minnesota Department of Health. Public Works Approval of the following actions: - Comments on the City of Bayport Comprehensive Plan. Resolution No. 2009 -098, request funding from the Minnesota Department of Transportation through the Municipal agreement program for Interstate I -94 North and South exit ramps /CSAH 18 intersections; Change Order #17 to contract with People's Electric, Inc. in the amount of $118,901; Amendment to Campus 2025 budget to include replacement of Government Center South Wing windows and authorization to request bids for this project; Board workshop held on the status of the FEMA Digital Flood Insurance Rate map; Board workshop held to review the Draft Rush Line Alternative Analysis Report. 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 September 8, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Peterson presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported on the two -day Futures Committee which discussed moving the redesign forward; this week she will tour the Anoka County Medical Examiner's office followed by the MICA meeting; this evening the Woodbury's Public Safety Board will hold its 9th Annual Public Safety Dinner at the Prom Center in Oakdale; next Monday she will attend an all day H1N1 health flu conference at the Earle Brown Center in Brooklyn Center; and she announced that CVS and Walgreens are offering free seasonal flu shots to individuals who are jobless or uninsured; Commissioner Kriesel — reported on the Metropolitan Energy Policy Coalition meeting; this evening he will attend the Mental Health Advisory Committee meeting; tomorrow he will be going to Isanti County to look at opportunities to partnership on their efforts to support families of deployed troops; tomorrow evening he will be attending the Disabled Veteran's Rest Camp Board meeting; and he noted that this past week the law enforcement community lost an officer in North St. Paul, Officer Richard Crittenden; the Board held a moment of silence for the slain officer; Commissioner Hegberg — reported that he will attend the meeting at the Union Depot for bonding issues; and he will attend the PERA meeting on Thursday and the Minnesota Counties Insurance Trust meeting on Friday; Commissioner Peterson — reported on the Metropolitan Emergency Services Board meeting last week which approved the Washington County installation of control stations in St. Croix County Wisconsin; they also discussed bidirectional amplifier systems and Pandemic Flu planning; she met with the City of St. Paul's lobbyist to talk about working together on advocating for bonding, rail activities, and transit; on September 24 at 7:00 p.m. the 2009 Land, Conservation and Clean Waters Summit will meet at the Minnesota Landscape Arboretum in Chaska; and she acknowledged Deb Tulloch, Cathy Ellis, and Therese Gilbertson, Community Services employees, for participating in the Triathlon. Community Services Approval of the following actions: Appoint Natasha Fleischman, Lake Elmo, representing Adult Basic Education, to the Workforce Investment Board to a first term expiring June 30, 2012; Early termination of 2009 contract with Stivland, Inc. (dba Harbor Shelter and Counseling Center) to provide shelter services for male youth; Two needs determinations for expanding the licensed capacity of two East Suburban Resources sites for adults with developmental disabilities from 100 persons to 126 persons; - Funding agreement with Twin Cities Habitat for Humanity, Inc. to acquire 24 townhome lots for affordable housing; Developer agreement with Twin Cities Habitat for Humanity, Inc. to acquire 24 townhome lots for affordable housing; Agreement with Washington County Housing and Redevelopment Authority to use $137,100 in 2009 Community Development Block Grant funds to complete a capital improvement project at Raymie Johnson Townhomes in the City of Oak Park Heights. General Administration Approval of the following actions: - September 1, 2009 Board meeting minutes; Random drawing for staff who contribute during the charitable campaign drive for premier reserve parking spots at the Government Center, Law Enforcement Center, Service Center - Forest Lake, and Service Center - Cottage Grove; Resolution No. 2009 -091, support the transfer of the Boom Site from ownership and management by the State of Minnesota to that of the National Park Service; Board correspondence was received and placed on file; Board workshop held to discuss the proposed 2010 budget with Community Services and Sheriff's Office. Public Health and Environment Approval of the following actions: - Reappoint Rick Vanzwol, Grant, and Gerald Johnson, Stillwater, to the Brown's Creek Watershed District Board of Managers to three -year terms expiring October 21, 2012; Agreement with the Minnesota Department of Public Safety, Division of Homeland and Emergency Management, to receive funding through the Emergency Management Performance Grant Program; Agreement with Martha Larson and Mary Storkan independent contracted wellness program staff for onsite county employee wellness activities; Public hearing held to consider the repeal of Washington County Development Code, Chapter Four, Individual Sewage Treatment System Regulations Ordinance #128 and replacing it with Washington County Development Code, Chapter Four, Subsurface Sewage Treatment System Regulations; Resolution No. 2009 -089, adopting an amendment to the Washington County Development Code, Chapter Four, Subsurface Sewage Treatment System Regulations, Ordinance No. 179. Public Works Approval of the following actions: Resolution No. 2009 -090, submit an application to the Counties Transit Improvement Board for land acquisition for a park -n- ride /transit station in the City of Newport; Executive (Closed) Session held to discuss the proposed cost of right of way and appraisal in connection with the SW Quadrant of CR 83 and I -35. Regional Railroad Authority Approval of the following actions: - RRA Meeting minutes from July 28, 2009; Resolution No. RRA- 2009 -007, support for the submittal of an ARRA grant request for the Twin Cities to Chicago high speed rail corridor by the Minnesota Department of Transportation; Resolution No. RRA- 2009 -008, support for the submittal of a high priority project request for the Union Depot multi -modal transit hub in downtown St. Paul by the Ramsey County Regional Railroad Authority; Resolution No. RRA- 2009 -009, support for the submittal of an ARRA grant request for the Union Depot multi -modal transit hub in downtown St. Paul by the Minnesota Department of Transportation; Resolution No. RRA- 2009 -010, support for the submittal of a Timer TIGER (Transportation Investment Generating Economic Recovery) grant for the Union Depot multi -modal transit hub in downtown St. Paul by the Ramsey County Regional Railroad Authority. Sheriff's Office Approval of Resolution No. 2009 -088, off - highway vehicle grant. 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 62 "d Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 15, 2009 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Peterson presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported on the City of Woodbury public safety fund raising dinner at the Prom Center; she toured the autopsy services at the Midwest Medical Examiner's office prior to the MICA meeting; she dropped in at the grand opening of the Environmental Service Center; yesterday she attended the Minnesota H1N1 Pandemic Summit in Brooklyn Center; and this week she will be attending the Counties Transit Improvement Board and the Public Health and Emergency Preparedness meeting; Commissioner Kriesel — reported on the Mental Health Advisory Council meeting which discussed challenges the county jail staff face; he met with Isanti County representatives on their Yellow Ribbon Network and shared ideas; he attended the Veteran's Rest Camp Board which continues to discuss their rotation policy; this week he will be attending the Andersen Community Advisory Committee, the Counties Transit Improvement Board, the Minnesota Extension Committee; and the Parks and Open Space Commission; next Tuesday he will be attending the Governor's employer's summit; and he noted the passing of Stillwater Police Officer Brienne Heroux from complications of giving birth; Commissioner Pulkrabek — asked if the county was holding elections today and was advised that the county had a small election in one ward in the City of White Bear Lake and that the county was working with Ramsey County on administering that election; Commissioner Hegberg — reported on the Union Depot and transit bonding event last week; at the PERA meeting they discussed the possibility of raising the employer and employee contributions and are looking at benefit cuts or changes; he attended the Community Action Partnership for Ramsey and Washington Counties which discussed changes in policies; he will be going to Washington D.C. this afternoon to meet with legislators about transportation and transit funding; and he toured parks and areas of economic development in Hugo; Commissioner Peterson — reported on the MELSA meeting which discussed how to use funds from the 3/8 cent tax; she spoke at the bonding meeting with the State last week and believes that the county should advertise the opportunity to catch the Jefferson Line bus at the Forest Lake Transit Center and the opportunity to buy tickets there; she will attend the Counties Transit Improvement Board meeting and the Transportation Advisory Board meeting tomorrow; the AMC will hold policy meetings at Cragun's this Thursday and Friday where District III will try to pass a resolution that would destroy the transportation coalition they have had for the last five years; and Transit Moves America will hold their seminar in Duluth on September 21 and 22. Community Services Approval to submit a grant application to the Minnesota Department of Human Services for federal funds to upgrade equipment used to record interviews of criminal child abuse victims; and to host a day -long training for all Washington County law enforcement agencies, child protection workers, prosecutors, guardian ad litems and judges on the best practice for conducting recorded forensic interviews of child abuse victims and related topics. General Administration Approval of the following actions: - Steve Hobbs, speaking on behalf of the Belwin Conservancy, expressed his support for the Land and Water Legacy Program; Board response to Independent Auditor's findings and recommendations contained in the draft report on the internal control structure and compliance for the year ending December 31, 2008; Overview of the proposed 2010 budget; Resolution No. 2009 -094, certifying proposed property tax levies for Washington County payable 2010 at $86,783,800; Resolution No. 2009 -095, certifying proposed property tax levy for the Regional Rail Authority for payable 2010 at $566,400; Resolution No. 2009 -096, certifying proposed property tax levy for the Washington County Housing and Redevelopment Authority for payable 2010 at $3,332,236; Resolution No. 2009 -097, proposed budget for payable 2010; Board correspondence was received and placed on file. Public Health and Environment Approval to authorize a new .6 FTE Correctional Health Nurse. Public Works Approval of the following actions: - Resolution No. 2009 -092, bid award for CSAH 15 landscaping to Fair's Nursery; Resolution No. 2009 -093, Metropolitan Council grant agreement for winter recreation area planning and development in the Lake Elmo Park Reserve; Board workshop held for an update on the Metropolitan Council Dial a Ride Transit services restructuring; Board workshop held for an update on federal transportation funding requests including the Midwest High Speed Rail, the I -94 Corridor, and Broadway Avenue, to the federal delegation. 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. September 10, 2009 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors Jim Hiniker, Sheila -Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Sherri Buss, Treasurer Carol Collins, Chief of Police Steve Nelson and Park Manager Rick Jacobson. Vikingstad Vacation Public Hearing Neighbors present: Frank Vikingstad, 501 N Main St, Stillwater Mary Petrisko, 9328 Neal Avenue North Attorney Soren Mattick reviewed the issues relating to this hearing. The Vikingstads have a blanket trail and drainage easement which they would like to be removed in light of the fact that they have made a more definite easement that has been granted. Mr. Vikingstad advised that when they bought this property in 1978 the only easements described at that time were for drainage and access to the lake. He believes they have completed the requirements the Township made. Soren Mattick mentioned that there is another issue of the escrow and he advised that approval of the vacation be made subject to escrow being finalized. The public hearing closed at 7:08 p.m. Regular Meeting - 7:08 P.M. 1. AGENDA - M /S /P Hiniker /Untiedt moved to adopt the agenda as written. (4 ayes) 2. MINUTES - M /S /P Untiedt/Hiniker moved to approve the 8/27/09 Stillwater Town Board Meeting minutes as amended. (4 ayes) [under 9. 2010 CENSUS FORM - add "As regards listing any areas where homeless people live, it does not apply to our Township. "1 3. TREASURER - a) Report given. The check to Tower Asphalt at the last meeting was voided and reissued for the correct amount. b) Recycling - The County will have two remote hazardous waste sites this fall. c) The following claims and checks were approved for payment. 19245 Billie P Bantli $ 829.28 19246 Matthew R Beane 305.73 19247 Carol L. Collins 616.76 19248 James Hiniker 816.72 19249 Kathleen Nelson 449.71 19250 Stephen Nelson 1,089.73 Stillwater Town Board Mtg. — 9/10/09 Page 2 19251 Kathryn Schmoeckel 324.86 19252 Billie P Bantii 148.42 19253 Carol L Collins 268.37 19254 League of MN Cities Ins. Trus 265.00 19255 League of MN Cities - Mbrship 2,342.00 19256 MFRA 9,991.06 19257 Maroneys Sanitation 150.90 19258 Kathleen Nelson 25.42 19259 Stephen Nelson 785.00 19260 Kathryn Schmoeckel 124.07 19261 Stillwater Gazette 123.24 19262 TKDA 4,314.38 19263 Tower Asphalt 68,441.29 90021 IRS 825.06 90022 PERA 441.20 90023 MN Dept of Revenue 41.93 4. CLERK - a) Postal Situation - There had been a parking issue and hopefully it does not continue. There are still issues with the new address. b) Valley Green - • Gophers - Gophers are an issue in Otto Berg Park. M /S /P Hiniker /Beane moved to authorize Rick Jacobson to eradicate gophers, not involving chemicals, and not to exceed $1,000.00. (4 ayes) • Tree Trimming - Valley Green suggested Tight tree trimming in Otto Berg Park. They run into them when they are mowing. They estimate a couple of hundred dollars to do the work on 7 or 8 trees. M /S /P Untiedt /Beane moved to authorize Valley Green to do additional trimming not to exceed $250.00. (4 ayes) 5. ATTORNEY - a) Gravel Tax Agreement - The County had collected a gravel tax and allocated it to the various communities. There was some dispute as to the amount which has now been settled. Stillwater Township will receive $955.21. We will need to agree to the settlement. M /S /P Untiedt /Hiniker moved to authorize the Chair to sign the gravel tax agreement. (4 ayes) b) McKenzie Agreement - The McKenzies have suggested donating land for a trail easement and Engineer Paul Pearson had been authorized to do a survey after the foliage had dropped. The consensus was to wait until the next meeting for further discussion on when to approach the McKenzies. Stillwater Town Board Mtg. — 9/10/09 Page 3 c) Vikingstad Easement - M /S /P Hiniker /Beane moved approval of the Vikingstad drainage and walking easement conditioned on the payment of all necessary funds. (4 ayes) 6. PLANNER - a) Bergmann - The joint board had held the public hearing on this issue. As of 2015, this property will become part of the city. Sherri Buss reviewed the options available in addressing this particular use. We can use a Certificate of Compliance, Grandfathering with a separate agreement outlining past uses on this property, or a nonconforming use permit. There were issues with the definition of a plant nursery and we should use instead the definition of a plant nursery, commercial, which gets us closer to the Bergmann operation. Jay Kimble was present and spoke on behalf of Mr. Bergmann. He reviewed the history of the joint powers agreement between the City and Township. Historically this property was not used only for wholesale, but also for retail. He was also concerned about the restriction of growing their product on site which would bar Christmas trees. The Bergmanns had operated here before City, Township or County ordinances. Mr. Kimble also expressed concern about development that may occur on the corner of Manning Avenue and Highway 36. A new Certificate of Compliance will give a fresh look and create a new requirement which a retail outlet may be able to take advantage of. He suggested a findings of fact for the grandfathered use, or alternatively, we could call it a pre- existing nonconforming use permit. Sherri Buss stated that she believes there has been a real change of use here. Previously the retail use had been only "occasionally ". We can update our ordinance. Jeff Pratt also spoke on behalf of Mr. Bergmann and said that this was intended to be grandfathered in through the annexation process. Paul Bergmann said that he was concerned about the restrictions on his business and he sees changes in approach at each meeting he attends. Sherri Buss will work on appropriate changes to our ordinance for review and public hearing at the October Planning Commission meeting and she will also work on a draft COC. b) Kao Xiong Accessory Building - Dr. Xiong has 14 acres on Stonebridge Trail where he has horses. He heard about the Wick variance and would like to construct a shelter for his horses but does not plan to build a house for 2 or 3 years. Sherri Buss will check with Building Inspector Jack Kramer and Dr. Xiong will be asked to come to the next Town Board meeting to discuss this issue with the Board. c) Polasik Subdivision - Tom Polasik is likely to be submitting an application for a minor subdivision. 7. CHIEF OF POLICE - a) Report given. There were 6 burning permits issued, one for buckthorn. No dogs were impounded. b) Buckthorn Removal - Steve Nelson gave an update of the buckthorn removal at Little Carnelian Park. He has sent a letter to the County to thank them for their work. Raleighs will pick up the brush, chip it and remove it. We should consider Stillwater Town Board Mtg. — 9/10/09 Page 4 having Sentence to Serve do work around the town hall next year. c) Sign Vandalism - A sign is missing in Otto Berg Park. Rick Jacobson noticed it was gone on Sunday or Monday. 8. NEXT MEETING - The Board will not meet at their next regularly scheduled meeting (September 24) unless an agenda item arises by the Friday before that meeting. 9. PARK MANAGER - a) Gopher Issue - Rick Jacobson has been working to keep the mounds tamped down. He will look into what can be done for more permanent removal. b) Tree Removal - There is a tree with a large limb down on the Township's property on the west side of Norell Avenue. Matt Beane offered to try to deal with it. c) Buckthorn - Buckthorn is an issue around the town hall. d) Picnic - Rick Jacobson felt it was a great success. The tractors were a big hit and he suggested adding cars next year. e) Slide in Otto Berg Park - Johnny Johnson will be asked to look at it. f) Sign Vandalism - Rick Jacobson will put bird houses on the posts until the sign can be replaced. 10. PARK COMMITTEE - Sheila -Marie Untiedt discussed the Friends of Stillwater Township Parks initiative. It would require some legal work. 11. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. Clerk Chairperson Approved THE NINTH. LACE Of IIIHEE..T.: REGULAR MEETING RECESSED MEETING REVISED AGENDA CITY OF STILLWATER CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street October 6, 2009 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Workshop with Brown's Creek Watershed District CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA APPROVAL OF MINUTES - Possible approval of September September 15, 2009 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMM 1. Proclamation: Fire Prevention Week — October 4- 2. Outdoor Ice Rinks — Stillwater Hockey Association 200••u .w ecessed minutes and OPEN FORUM The Open Forum is a portion of the C the meeting agenda. The Council m staff regarding investigation of the limit your comments to 5 min ufman STAFF REPORTS 1. Police Chief 2. Fire Chief CONSENT AGE 1. Resol 2. Pos 3. R cern exp to address Council on subjects which are not a part of ply at the time of the statement or may give direction to . Out of respect for others in attendance, please 5. City Engineer /PWD v. Director 6. City Attorney 7. Finance Director 8. City Administrator II Cal 9, dir =cting payment of bills prova ° ailroad Lease Increase to St. Croix Boat & Packet 0 + 9 -160, approval of cooperative purchasing agreement with Minnesota Administration ement Division val of Utility Bill Adjustments ateri Mana sibl . . PUBL or less. 1 Thi °s the date and time for the public hearing to consider the proposed assessments for the 2009 Sidewalk Project. Notices were mailed to the affected property owners and published in the Stillwater Gazette on September 21, 2009._ (Resolution — Roll Cali) S - Out of respect for others in attendance, please limit your comments to 10 minutes UNFINISHED BUSINESS 1. Update on Cayuga NEW BUSINESS 1. Possible approval of transfer of the City's Board of Review Duties to Washington County (Resolution — Roll Call) 2. Possible approval of Memorandum of Understanding with Friends of Stillwater Area Dog Park, Inc. (Resolution — Roll Call) 3. Possible approval authorizing the City to apply for the reconveyance of Tax Forfeited land (Resolution — Roll Call) 4. Possible approval of request to extend mandatory call date on Territorial Springs Serie 2003 & 2004 Tax Increment Bonds (2 Resolutions — Roll Call) 5. Possible approval of parking restrictions for Washington Avenue (2 Resolutions — Roll C 6. Possible approving plans & specifications and ordering advertisement for bids f gton = =' Avenue Mill & Overlay (Resolution — Roll Call) 7. Possible approval of Voluntary Leave without Pay Program (Resolution — 8. Possible approval of stop sign placement (Resolution — Roll Call) 9. Possible approval of contract with Great River Greening for water quality imp eve = t Lily Lake Boat Launch (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agen enacted by one motion. There will b citizen so requests, in which even separately. idered be routine by the City Council and will be iscussion on these items unless a Council Member or removed from the consent agenda and considered Page 2 of 2 BROWN'S CREEK WATERSHED DISTRICT 1380 W FRONTAGE RD HIGHWAY 36 STILLWATER, MN 5 5 0 8 2 651.275.1136 x26 [PHONE] 651.275.1254 [ FAX ] WWW.BCWD.0RG AGENDA SPECIAL MEETING OF THE BOARD OF MANAGERS Tuesday, October 6`h, 2009 4:30 -6:00 PM Joint Board Workshop with Stillwater City Council Stillwater City Hall 216 N 4th Street, Stillwater MN 1. Call to order @ 4:30 P.M. 2. Approve Agenda 4:30 —5:05 3. Water Monitoring Data — Erik Anderson, WCD a.) Lake McKusick, Lily Lake and Brick Pond b.) Long Lake to Diversion Structure Grab Sample Results to date 5:05 -5:35 4. Long Lake a.) Sediment Coring Data — status update b.) Eurasian Water Milfoil — vegetation survey results 5:35 -5:45 5. 62 °d Street North/Furgala culvert — request to cost -share new culvert 5:45 -5:50 6. BCWD Budget- Brief update 5:50 -5:55 7. Watershed Tour — Select Date & Itinerary 5:55 -6:00 8. Other Opportunities for Collaboration 9. Adjourn 6:00 PM MANAGERS: CRAIG LEISER, PRESIDENT • RICK VANZWOL, VICE - PRESIDENT • GAIL PUNDSACK, VICE - PRESIDENT • CONNIE TAILLON, TREASURER • GERALD JOHNSON, SECRETARY ASH INGTON O N S E RVAT I O N 1STRICT MEMORANDUM 1380 W FRON111QE RD 11 i G ki W A Y 3 6 5 f i L1.WATER.. MN 55082 6 5 1- 2 7 5- 3 1 3 6 I I' I -ION E] r,5 1 -275- 1 254 .1 FAX 1 WWW.M NWCD.0RG TO: BCWD Board, Karen Kill FROM: Erik Anderson, Water Resource Specialist, WCD DATE: September 10, 2009 RE: Long Lake — Brown's Creek Diversion Drainage, 2009 Sampling Results METHODS: Grab samples were collected on 3/17/09, 6/4/09, 6/22/09, 7/27/09, and 8/20/09 at eight locations on the drainages that flow to the Brown's Creek diversion structure: Long Lake Outlet, Jackson WMA Outlet, Boutwell Rd., South Branch, West Branch 2, West Branch 1, North Branch, and Diversion Structure (Figure 1). Samples were also collected on 5/18/09, but due to a communication error the lab courier never picked them up and they were not analyzed. Samples were not collected at some sites on particular dates due to no flow or the inability to collect a clean sample without including bottom sediment. Samples were analyzed for Total Phosphorus (TP) and Total Suspended Solids (TSS). Flow was calculated during each sampling event using an area -velocity meter. Figure 1. Grab Sampling Locations SUPERVISORS: LOUISE SMALLIDGE GARY BAUMANN TOM MEYER ROSEMARY WALLACE SARAH HIETPAS RESULTS: Site Sample Type Date TSS (mg/L) TP (mg/L) Flow (cfs) TP lb/day TSS Iblday Long Lake Outlet Snowmelt Grab "- 3/17/2009 Dry . -' Dry Long Lake Outlet Base Grab 6/4/2006 Dry Dry Dry ,. -_ c ,; '.'a=_;i+:;i,,.. Long Lake Outlet Storm Grab 6/22/09 10:10 9 0.057 0.06 0.02 3.15 Long Lake Outlet Base Grab 7/27/09 10:15 3 0.048 0.61 0.16 9.82 Long Lake Outlet Storm Grab 8/20/09 13:30 3 0.044 6.73 1.60 108.98 Jackson WMA Snowmelt Grab 3/17/09 14:361. 6 0.084 1.73 0.78 55.99 Jackson WMA Base Grab 6/4/2009 - Dry ' Dry Dry Jackson WMA Storm Grab 6/22/2009 Dry Dry Dry 11C Jackson WMA Base Grab 7/27/2009 Dry Dry Dry Ai Jackson WMA Storm Grab 8/20/09 10:50 <2 0.040 2.64 0.57 14.23 Boutwell Rd. Snowmelt Grab 3/17/09 12:00 13 0.151 1.62 1.32 113.60 Boutwell Rd. Base Grab 614/2009 ` Dry • ' Dry Dryer: . . Boutwell Rd. Storm Grab 6/22/2009 Dry Dry Dry.• " 7Boutwell Rd. Base Grab 7J2712009 Dry - Dry Dry _. . Boutwell Rd. Storm Grab 8/20/09 10:20 <2 0.079 3.16 1.35 17.06 r South Branch Snowmelt Grab 3/17/09 11:15 41 0.234 1.79 2.26 395.89 South Branch Base Grab 6/4/09 13:15 13 0.168 0.02 0.02 1.23 South Branch Storm Grab 6/22/09 9:00 37 0.177 0.04 0.04 8.48 South Branch Base Grab 7/27/09 9:00 59 0.226 0.01 0.01 3.18 South Branc Storm Grab 8/20/09 9:00 36 0.100 4.39 2.37 852.81 West Branch 2 Snowmelt Grab 3/17/09 11:45 16 0.414 0.89 1.99 76.82 West Branch 2 ,Base Grab 6/4/09 14:00 2 0.06 0.02 0.01 0.19 West Branch 2 Storm Grab 6/22/09 9:50 3 0.109 0.18 0.11 2.96 West Branch 2 Base Grab 7/27/09 9:45 4 0.108 0.02 0.01 0.44 West Branch 2 Storm Grab 8/20/09 10:00 7 0.171 0.93 0.85 35.00 West Branch 1 Snowmelt Grab 3/17/09 11:20 44 0.388 1.11 2.32 263.46 West Branch 1 Base Grab 6/4/09 13:45 15 0.104 0.09 0.05 7.16 West Branch 1 Storm Grab 6/22/09,9:30 32 0.198 0.25 0.26 42.67 West Branch 1 Base Grab 7/27/09 9:30 18 0.137 0.05 0.04 5.08 West Branch 1 Storm Grab 8/20/09 9:30 32 0.232 1.35 1.69 232.95 North Branch Snowmelt Grab :( _1:.4,1 t}= ,. :a:ijtsI: I., ':lir e +_):. �7. , . 0 2.49 North Branch Base Grab 6/4/09 13:30 21 0.125 0.02 0.01 North Branch Storm Grab 6/22/09 9:20 109* 0.308* 0.01 0.01 2.94 North Branch Base Grab 7/27/09 9'15 155* 0.408* 0.03 0.07 26.76 North Branch Storm Grab 8/20/09 9:20 80 0.253 F 0.02 0.03 10.69 Browns Creek Diversion Snowmelt Grab 3/17/09 10:40 52 0.317 2.70 4.62 757.36 Browns Creek Diversion Base Grab 6/4/09 13:00 8 0.131 0.16 0.11 6.90 Browns Creek Diversion Storm Grab 6/22/09 8:50 36 0.188 0.41 0.42 80.01 Browns Creek Diversion Base Grab 7/27/09 8:41 13 0.148 0.14 0.17 14.73 Browns Creek Diversion Storm Grab 8/20/09 8:44 25 0.148 3.76 3.00 507.07 High result possibly due to bottom sediment in sample Additional samples will be collected at all sites through October. Groundwater inflow is most likely present between Boutwell Rd. and S. Branch, upstream from N. Branch, upstream from W. Branch 1 and W. Branch 2, and potentially between the Diversion Structure and the confluence of the N., S., and W. Branches. Looking at the results, there appears to be some additional contribution of TSS and TP between W. Branch 2 and W. Branch 1, and between Boutwell Rd, and S. Branch. When comparing TSS at S. Branch and W. Branch 1, all sample results, except the 7/27/09 samples, were similar. The groundwater present at S. Branch, W. Branch 2, W. Branch 1, N. Branch, and the Diversion Structure has some affect on the water quality and flows as well. The higher results from the 6/22/09 and 7/27/09 samples at N. Branch may have been due to bottom sediment contaminating the sample. This channel is very shallow, narrow, incised, and covered with vegetation, still making it very difficult to collect a representative sample. From: Angie Hong Sent: Thursday, October 01, 2009 11:42 AM To: Aaron Buffington; Adam Griebie; Adam King; Adam Snegosky; Al Sunderman; Amal Djerrari; Amanda Strommer; Amy Carolan; Andrea Plevan; Angie Hong; Ann Pung - Terwedo; Anne Huriburt; Anre Gelbram; Art Persons; Barbara Loida; Bart Fischer; Baytown Township; Becky Herman; Berry Farrington; Beth Neuendorf; Bill Tumblad; Birchwood Village; Bob Fossum; Bob Rosenquist; Bob Tipping; Brent Brommer; Brent Thompson; Brett Emmons; Brian Johnson; Brian Zeller; Bryce Fossand; Camilla Correll; Cara Geheren; Carmen Sarrack; Carol Kreigler; Cecilio Olivier; Chip Robinson; Chris Elvrum; Chris Klucas; Chris LeClair; Chris Neperund; Chris Wallberg; Chris Weirens; Christopher Klucas; Chuck Dillerud; Cindie Reiter; City of Grant; Cliff Aichinger; Craig Affeldt; Craig Leiser; Craig Wills; Dale Borash; Dan Fabian; Daniel Belka; Daniel Kyllo; Dave Beaudet; Dave Hume; Dave Schumann; David Swenson; David Wanberg; Dawn Pape; Denise Leezer; Dennis Hanna; Dennis O'Donnell; Dick Caldecott; Don Buckhout; Don Hansen; Don Pereira; Don Scheel; Don Theisen; Doug Borglund; Doug Pratt; Doug Thomas; Doug Wetzstein; Email WC Agendas (part 2); Eric Johnson; Eric Tomlinson; Erik Anderson; Gail Pundsack; Geoff Nash; Gerald Johnson; Greg Halverson; Herb Reckinger; Holly Whalen; Jack Frost; Jack Lavold; Jackie Anderson; Jacob Gave; Jason Husveth; Jerry Spetzman; Jessica Collin - Pilarski; Jessica Thiel; John Bower; John Lennes; Jon Whitcomb; Kate Hanson; Kitty Kilmer; Kurt Levthold; Kyle Axtell; Lisa Barajas; Marcey Westrick Matt Kocian; Nancy- Jeanne LeFerre; Nick Proulx; Patrick McLarnon; Patrick McLarnon; Paul Putzier; Paul Schoenecker; Sandy Scheuble; Thomas Polasik; Tina Carstens; Wayne Ostlie; James Fox; James Haertel; Jane Harper; Janice Miller; Jason Naber; Jay Michels; Jay Riggs; Jeffrey Christopherson; Jennifer Levitt; Jennifer Olson; Jesse Carlson; Jill Trescott; Jim Almendinger; Jim Giles; Jim Keller; Jim Larsen; Jim Robinson; Jim Shaver; Jim Stark; Joanne Frane; John Burbank; John Freitag; John Glomski; John Hanson; John Hinzman; John Parotti; Jon Fleck; Jon Spence; Jonathan Nowaczek; Judy Hunter; Judy Sventek; Julia Welter; Julie Vigness -Pint; Jyneen Thatcher; Karen Kill; Karen Pirozzoli; Kathy Higgins; Karen Huftel; Keith Lappegaard; Kelli Matzek; Kelsey Lechner; Kristen Larson; Kristie Mack; Kuchen Meyer; Lakeland Shores; Lanya Ross; Laurel Reeves; Les Mateffy; Leslie Stovring; Lincoln Fetcher; Linda Klein; Lisa Tilman; Louise Smallidge; Louise Watson; Lowell Johnson; Marianne O'Malley; Mark Doneux; Mark Janovec; Mark Peterson; Matt Moore; Melissa Lewis; Michael Liljegren; Mike Ericson; Mike Isensee; Mike McGuire; Mike Pogge; Mike Polehna; Mike Pouliot; Molly Leifeld; Molly O'Rourke; Molly Shodeen; Nancy Jacobson; iscbtruax @gmail.com; Nate Arthur; Nick Kalambokidis; Nicole Stewart; Pat Conrad; Paul Hicks; Peder Otterson; Pete'Ganzel; Peter Mott; Pete Young; Rachel Simone; Randy Anhorn; Randy Ferrin; Randy Kopesky; Ray Wuolo; Raymond Stevens; Richard Dalton; Richard Thron; Rick Seiler; Rick Vanhwol; Ron Orfei; Ron Struss; Rosemary Wallace; Rusty Schmidt; Ryan Schroeder; Ryan Stempski; Sally Leider; Sam Crosby; Sandy Shiely; Scott Neilson; Scott Richards; sdoucette @ci.woodbury.mn.us; Shannon Eisentrager; Sharon Kroening; Sharon Schwarze; Shawn Sanders; Shawn Tracy; Shelly Strauss; staylor @ci.bayport.mn.us; Stephanie Lenartz; `Steve Kemik; Steve Kronmiller; Steve Woods; Stu Grubb; Sue Hedlund; Suresh Hettiarachchi; Tim Benetti; Tim Power; Tim Schroeder; Tim Thumblad; Tom McCarthy; Tom Meyer; Tom Weidt; Tori Dupre; Torry Kraftson; Trevor Russell; Vickie Keating; Virginia.Yingling @state.mn.us; Wayne Moe; Wayne Sandberg; Zac Dockter; Brian Johnson; Brian Voelker; Daniel Kyllo (dan.kyllo @comcast.net); Mark Peterson ( MarkPeterson @ci.forest - lake.mn.us) Subject: Oct. 7 BMP tour locations and map Hello everyone - For next week's water quality BMP tour, we will be visiting seven sites in central Washington County that illustrate up and coming BMP technology and economy of scale. The tour will start at the Washington Conservation District office in Stillwater at 1 pm and will end at Century College in White Bear Lake around 4- 4:30pm. WCD and watershed district staff will be guiding the tour and presenting information at each of the project sites. You are encourage to carpool from the WCD office. Below are the sites we will be visiting and approximate times we will arrive at each site feel free to meet us at a particular site if you cannot attend the entire tour. You will also find a link to a map of the project locations and driving directions at the bottom of this e-mail. Please RSVP to me if you haven't already. 1pm Valley Ridge Shopping Mall - newly installed raingardens and vegetated swales outside the WCD offices were designed to accommodate large volumes of water from the parking lot. Special features were included to dissipate energy in the inlets, due to the large volume of water the BMPs treat. 1:30pm Ann Bodlovick Apartments in Stillwater - a series of BMPs are in the process of installation. The project is significant both in its size and because it will dramatically reduce loading to Long Lake despite being quite far away from the lake. 2pm Stillwater Country Club - large raingardens were installed in the early summer. This may be the first local golf course raingarden. 2:30pm Brown's Creek 5 - Located in the Settler's Glen neighborhood, these five neighbors are working on BMP grant projects. It is a good example of targeting projects within a neighborhood or subwatershed and promotion via social networks. 3pm Metelak house in Mahtomedi - This home is a good example of a full package. This year the 10/6/2009 homeowners added a raingarden and porous driveway project to a yard that already included extensive native plantings. The driveway design is quite unique with sections of non - porous asphalt, porous pavers and grassy pavement. 3:30pm Mahtomedi Public Works building - newly installed porous concrete in parking lot 4pm Century Co'liege - newly installed porous pavement as well as specially designed silvi -cells for parking lot trees. Angie Hong Water Resource Education Specialist East Metro Water Resource Education Program Representing Brown's Creek, Comfort Lake - Forest Lake, Middle St. Croix, Ramsey Washington, Rice Creek, South Washington and Valley Branch Watersheds, Cottage Grove, Dellwood, Forest Lake, Lake Elmo, Stillwater, Willernie, West Lakeland, Washington County and the Washington Conservation District C /O: Washington Conservation District 1380 W. Frontage Rd., Hwy 36 Stillwater, MN 55082 angie.hong @mnwcd.org Phone: (651) 275 -1136 ex. 35 Fax: (651) 275 - 1254 Driving Directions Link: http: / /mans.google.com/maps ?f =d &source =s d&saddr=1380+Frontage+Rd+W,+Still water,+MN+55082-2104+(Washington+Conservation+Di strict) &daddr=2400+Orleans +Street +West, +Stillwater, +MN +55082 +to 1421+ 4th +St +N, +Stillwater, +MN +55082- 4379 +(Stillwater+Country +Clubl +to:1254 +Macey +W av, +Stillwater, +MN +55082 +to :521 +Robert+Court, +Mahtomedi, +MN+ 55115 +to:30+Long +Lake+Rd, +Saint +Paul, +MN +55115 6824 +(Mahtomedi +City +Offices- Public +Works)--to:3300+Century +Ave +N +White+Bear+Lake, +M1.1 +55110- 1252 +(Century+College) & h1= en& geocode =FOozrwIdO5h3- iH4vTO4OmZ7wO %d3B %o3B %3B %o3B %3B %3B &g1= us &mra =ls &s11= 45.049755,- 92.897301 &sspn =0.119579, 0.22007&ie =UTF8 &11=45. 052423, -92. 897301 &spn= 0.119574,0.22007 &z=12 Start address: Washington Conservation District 1380 Frontage Rd W Stillwater, MN 55082 -2104 End address: Century College 3300 Century Ave N Mahtomedi, MN 55110 Start at: Washington Conservation District 1380 Frontage Rd W Stillwater, MN 55082 -2104 1. Head west on Frontage Rd W toward Northwestern Ave S - 0.4 mi 2. Take the 2nd right onto Washington Ave S - 0.5 mi 3. Turn left at Orleans St W Destination will be on the right - 0.2 mi Arrive at: 2400 Orleans St W Stillwater, MN 55082 4. Head west on Orleans St W toward Market Dr - 0.1 mi 5. Take the 1st right onto Stillwater Blvd N - 0.8 mi 6. Continue on Olive St W - 0.6 mi 7. Turn left at Owens St S - 0.1 mi 8. Take the 2nd right onto Myrtle St W 0.5 mi 9. Turn left at 4th St N Destination will be on the right 0.9 mi Arrive at: Stillwater Country Club 1421 4th St N Stillwater, MN 55082 10. Head west on Moore St W toward Martha St N - 0.3 mi 11. Moore St W turns left and becomes William St N - 0.1 mi 12. Turn right at St Croix Ave W - 0.1 mi 13. Take the 2nd left onto Owens St N - 0.6 mi 14. Turn right at Linden St W - 0.4 mi 15. Take the 3rd left onto Birchwood Dr N - 0.2 mi 16. Take the 1st right onto Myrtle St W - 0.3 mi 17. Continue on 75th St N - 354 ft 18. Turn right at Boutwell Rd N - 0.8 mi 19. Continue on 80th St N - 0.5 mi 20. Turn right at Macey Way - 0.2 mi 21. Turn left to stay on Macey Way Destination will be on the right - 89 ft Arrive at: 1254 Macey Way Stillwater, MN 55082 22. Head southwest on Macey Way toward Abercrombie Ln - 0.2 mi 23. Turn right at 80th St N - 0.3 mi 24. Turn left at Manning Ave N - 0.6 mi 25. Take the 1st right onto 75th St N - 4.0 mi 26. Continue on Stillwater Rd - 0.5 mi 27. Turn left at Warner Ave S - 0.3 mi 28. Turn right at Chatham Rd - 0.3 mi 29. Turn left at Robert Ct Destination will be on the left - 41711 Arrive at: 521 Robert Ct Mahtomedi, MN 55115 30. Head north on Robert Ct toward Chatham Rd - 417 ft 31. Continue on Robert St - 0.2 mi 32. Turn left at Lincolntown Ave - 0.8 mi 33. Turn Left at Long Lake Rd Destination will be on the left - 459 ft Arrive at: Mahtomedi City Offices- Public Works 30 Long Lake Rd St Paul, MN 55115 34. Head west on Long Lake Rd toward Lincolntown Ave - 1.1 mi 35. Turn right at Century Ave N Destination will be on the right - 0.5 mi 10/6/2009 memo 651 Hale Avenue North Oakdale, Minnesota 55128 telephone: 651.770.8448 facsimile: 651.770.2552 E0 www.eorinc.com Date J To 1 CC: 06 October 2009 Browns Creek Watershed District Board of Managers Karen Kill From ( John Barry, Ryan Fleming, P.E. Regarding 1 Assessment of Long Lake Sediment Delta Removal Contact info Contact info! BCWD Contact info I FOR Background: The Long Lake Sediment Delta Sampling and Characterization Project was initiated following the Long Lake Drawdown feasibility study. Bathymetric work conducted as part of the Long Lake Drawdown feasibility study noted the presence of a 20,000 square foot sediment delta in the southeastern -area of the lake. Removal of these sediment , deltas was identified as a goal in the 2006 Long Lake Management Plan in order to open up this region to boating and remove any .;potentially contaminated sediment within the delta. The Long Lake=,' Sediment Delta Sampling and Characterization project was initiated to collect data necessary to determine the benefits' of dredging the area. Characterization procedures and approach was geared to comply with MPCA regulations regarding material dredged from beneath the Ordinary High Water Line in the event that the Watershed District decided to move forward with dredging. The final report is currently in DRAFT form due to multiple analytic laboratory issues with Chromium III and VI that have delayed } final results. However, recommendations on whether to proceed with this project are not expected to change with final analytic results. Source Data: sediment cores were advanced and collected using a WaterMark Universal Core Head sediment corer on July 24th, 2009. . Core collection consisted of manually forcing sixty centimeter core tubes into-bottom sediments until bottom resistance precluded further advancement: Core location areas were surveyed using a high resolution DGPS and are illustrated in Figure 1. As visible in Figure 1, four primary sites were sampled to characterize the sediments at Long Lake Two; of the locations, sites 1 and 2, served as reference locations to compare sediment's 'delta phosphorous concentrations ` to phosphorous concentrations of lake bottom sediments. The other two locations, sites 3 and 4, were located to characterize delta sediments directly to comply with MPCA dredged materials guidelines. Data Findings: Grain Size analysis of three collected cores required to meet MPCA dredged materials guidelines found that delta sediments analyzed ranged from 25% to 41 % fine grained material: Material that is greater than 7% fines is required to have analytical testing of baseline parameters. Analysis of baseline parameters found that the concentrations of all parameters analyzed are below MPCA Soil Reference Values (SRVs) developed for each parameter, in other words the sample analyzed is not contaminated with respect to each of the parameters tested. Additional testing of the phosphorus concentrations of delta sediment compared to phosphorous concentrations of lake bottom sediment at two reference sites within Long Lake, one in the north of the lake and one in the south near the sediment delta, found that the delta sediment analyzed has lower phosphorous concentration than the in lake reference sites. An Equal Opportunity Affirmative Action Employer Emmons & Olivier Resources, Inc. water 1 ecology 1 community memo 3 of 3 Recommendations: The concentration of baseline parameters tested in the Long Lake sediment delta were analyzed and found to be below Soil Reference Values developed by the MPCA for dredged materials. In addition, the concentration of phosphorous in the Long Lake sediment delta is lower than values analyzed from two in -lake reference sites. Based on data collected as part of the Long Lake Sediment Delta Sampling and Characterization Project we have determined the sediment delta is not contaminated with respect to currently analyzed parameters. Samples are still undergoing analysis for Chromium III and VI, but given the data collected to date, concentrations of Chromium III and VI are not expected to be above Soil Reference Values. Based on the data collected and reviewed, the sediment delta is not an environmental hazard nor a significant internal source of nutrients in the lake. Reasons for removal would be for recreational or aesthetic purposes. Emmons & Olivier Resources, Inc. 651 Hale Ave N, Oakdale, MN 55128 p: 651.770.8448 f: 651.770.2552 www.eorinc.com k Figure 1: Sediment core locations characterized in July 2009 sampling at Long Lake in Stillwater, Mn. Long Lake Sediment Cores Sediment Core Core Sites D 250 0 500 Feet Emmons & Olivier Resources, Inc. 651 Hale Ave N, Oakdale, MN 55128 p: 651.770.8448 f: 651.770.2552 www.eorinc.com Mlfoil Limited to Channel Milfoil Density Abundant Moderately Abundant Sparse 200 100 0 200 Feet • 2010 BCWD Budget- Approved September 14, 2009 - BCWD Board Approved 2010 Budget Sources of ®� Mile Ini1009 100-2910 Designated Funds - Management Plan Projects Revenue - 100-3700 100-3601 100-3602 Interest Income Metropolitan Council Outlet Monitoring Grant BWSR Challenge Grant 2006/07 124,500 $ 321,905 Estinlated 2009 Carry 297,500.00 4201! Gran MM. MEM 297,500 1,200 $ 4.000 1,200 4,000 4,000.00 4,000 100-3603 100-3604 100-3605 Brown's Creek Biological TMDL-MPCA pass through Washington County Funding for GWDNR Comp Plans Royal Environmental Systems, Inc. 100-3606 Trout Unlimited Stream Restoration 100-3607 BWSR Native Buffer Restoration 100-3608 100-3400 Lily, Long, McKusick TMDL-MPCA pass through Permits 100-3100 Tax Levy TOTAL, ESTIMATED Sources of Funding $ 135,000 $ 10,000 2,500 2,500.00 2,500 25,000.00 25,000 General Fund 4 Management Plan Total Levy 3.0% -2.1 % -2.0% $ 58,500 $ 819,717 742,642 iininraidat 01111111111111111111111111110 r..=11111111111111r 727,700 $ ,•1 727.700 Total Budget Cost Per $100,000 TMV -1.4% Cost Per $100,000 TIN $ 41.93 $ 1,152,917 1,072,247 297,500 31,500 727,700 $ 1,056,700 # General Expenses -34 • 200-4000 Manager Per Diem and Expense 200-4200 200-4220 200-4250 200-4270 200-4280 '200-4290 200-4330 200-4949 200-4320 200-4265 200-4410 200-4500 Electronic: File Retention Secretarial Services Dues & Subscriptions Bonding & Insurance Postage & Delivery Printing & Notices Accounting Misc., Other Expense Wash. Conservation District--Admin Admin Conference Registrations Legal Fees - General Staff Engineer Contingency Reserve TOTAL GENERAL FUND EXPENSES: 300-4320 a. Wash. Conservation District --Administrator 300-4410 Legal Fees - Mgmi Plan 300-4501 Staff Engineer 300-4703 Permitting, Engineerin Review .300-4710 Baseline Monitoring 2009 Approved Total Budget Estimated 2009 Carry Over 2010 Grants ,.r 2010 General Fund 103D-905 PP VW Desired Total 2010 Budget Descriptions 9,000 5,250 1,000 $ 10,000 $ $ 5,000 4,250 10,000.00 5,000,00 5,250,00 4,000 4,500 2,000 1,000 12,100 1,000 1,000 500 500 4,000 $ 3,500 $ 1,000 $ 500 $ 11,000 $ 4,0 00,00 League of MN Cities and MN Association of Watershed Districts 4,500.00 League of MN Cities Insurance 2,000.00 1,000.00 11,500.00 Accountant and Auditor 1,000 37,400 1,000 16,800 21,719 25,000 140,769 4,000 $ 1,000 $ 36,700 $ 1,000 $ 16,800 21.300 25,000 141,050 1,000.00 36,700.00 Administrator Contract (1/3) 1,000.00 16,800.00 Legal Retainer 21,300.00 Engineer Retainer (1/4) 25,000.00 145,050.00 " r-"2009 Approved 'rota! Budget 72,600 Estimated 2009 Curry Over fig 2010 Grants 2010 Management 143B.24 73,300 DesiredTotal2010 r Budget' 73,300.00 Administrator Contract (2/3) Descriptions 30,000 65,158 25,000 101,000 $ 4,000 $ 30,000 67,100 25,000 107,000 $ 30,000.00 67,100.00 Engineer Retainer (3/4) 25,000.00 Covers costs for permits exempted from fees (I.e. government permits) 111,000.00 Lake and Stream Monitoring 2010 BCWD Budges- Approved September 14, 2009 - BCWD Board Approved 2010 Budget 300-4640 .300-4810 300-4950 903-0000 903-0001 904-0000 '909-0000 910-0000 911-0000 912-0000 '914-0000 '922-0000 Equip. Maint. and Upp_rades Community Relations/Education-Shared Educator Position Misc., Other Expense Trout Habitat Preservation Project: Monitoring, Kismet Basin Flood Stabilization -Monitoring Rules Review/Evaluation Education & Outreach Volunteer Stream Monitoring Grant Preparation Homeowner BMP Program Plan Reviews - LGU/LWMP 923-0000 924-0000 924-0002 924-0003 924-0004 '926-0000 927-0000 929-0000 929-0004 H & H Model Upgrade, including structure inventory Kern Center Infiltration Monitoring, 0 & M Plan Kern Center Area -wide volunteer volume control Kem Center Area Volume Retrofit Feasibility Kern Center Area Volume Retrofit Implementation GIS Management Tool/Web-Mapping Management Plan Update Ling Lake Plan lmplementaion 62nd St Culvert Replacement - 50% cost -share w/ Stillwater 929-0005 929-0006 929-0007 Hwy 36 Century Power Ravine rate control project Washington Ave Pond- Filter Replacement ($3,000/year) Long Lake Sediment Deltas 929-0008 932-0001 933-0000 935-0000 '937-0000 938-0000 940-0000 942-0000 943-0000 945 946 Long Lake Boat Mixing Study McKusick Lake Management P]an-Implementation Stormwater Management Facility Inventory Land Conservation Program Brown's Creek Biological TMDL-Implementation Plan Buffer Map /Web Hosting BMP Program - LOU/Community Demonstration Projects Groundwater Monitoring Program Developmcnt/GDNRRMP planning Herberger`s Pond Monitoring Benz. Lake Management Plan Implementation Mimi -man Lake Management Plan 947 948 Brown's Creek Biota TMDL Implementation CIP Maintenance 949 Long, Lily, McKusick TMDL '950 Lynch, Goggins, School Section TMDL 951 Woodpile Lake Management Plan 952 999-0000 Masterman Lake Management Plan Implementation Misc.. Other Project TOTAL MANAGEMENT PLAN PROJECT EXPENSES: TOTAL, OPERATING EXP. & MG IT. PLAN PROJECTS: $ 11,000 16,000 2,500 10,000 200 10,000 6,000 5,000 65,000 20,000 7,500 5,000 3,500 125,000 25,000 6,000 50,000 2,500 50,000 2,520 45,000 11,000 $ 11,000 1,000 1,000 7,500 1,000 15,000 3,500 50,000 25,000 6,000 50,000 30,000 34,000 40,000 20,000 40,000 1,000 15,000 9,000 10,000 (2,500) 4,000 12,000.00 16,000.00 10,000.00 10,000.00 5,000.00 5,000.00 Stream Monitoring Equipment EMWREPB1ue Thumb Partnership Infiltration monitoring of capital project Incorporate the Fen - Groundwater Dep Natural Resource Management Plan into Rules Al] other education materials/programs Stillwater HS monitors macroinvertebrates in 2-3 locations in BC $ 2,500 $ 5,000 65,000 (12,500) 7,500 30,000 (2,000) 15,000 7,500 (25,000) 3,000 30,000 5,000 15,000 2,500 (10,000) 30,000 1,750 30,000 5,000 10,000 (40,000) 5,000.00 65,000.00 2,500.00 7,500.00 30,000.00 1,500.00 15,000.00 50,000.00 7,500.00 9,000.00 30,000.00 5,000.00 65,000.00 2,500.00 20,000.00 30,000.00 1,750.00 30,000.00 5,000.00 12,500.00 Review Hugo LWMP and finalize May & Stillwater Townships Refine level of detail in model Pond Volume Standards not met...looking for ways to improve Maintain District GIS data layers Update with BC Biota TMDL, Benz Lake, Masterman, McKusick, etc. Market Place/Menards refinements study $10,000 & implement Hold off until monitoring done Removal of southern sediment delta. Assumes use Stillwater pumps and Stillwater tending pumps 2010 Boating Use Survey Building up a fund for implementation activities within BCWD Need to determine 2010 goals and longer term goals and implementation Development of the implementation plan Available for LGU cost -share projects Develop monitoring plan BMP cost -share could come from general BMP Cost -share funding 50,000 42,500 50,000 92,500.00 15,000 $ 10,000 25,000 $ 5,000 15,000.00 25,000.00 Hwy 96 & 95 Baffles($50K), Mendal wetland ($35K), Costa, Oak Glen(20K) Brown's Creek Trails Park maint (5K)-12500 approved 2009 - remove $50000 baffles -see if grant funding possible to reinstate THPP, Kismet and Herberger's Pond filter 20,000 20,000.00 BMP cost -share could come from general BMP Cost -share funding $ 931,478 $ 1,072,247 j $ 293,500 $ 31,500 $ 297,500 I $ 31,5001 $ 586,650 911,650 727,700 $ 1,056,700 Lake Average Secchi Transparency Depths lg®iAEiit 6€ l B A i 9 i E t 1 i l k i i i@ 1 t 1 t t 33333 ;J ssssss llii111)i i t tit 1 E Lake Average Chlorophyll -a Sample Results S 1 .tfP.i!liii -,i1•Ii----1 Willi ! [siiiiiii [ 1"3""3 SiS 5" 2 111t11111 1 Lake Average Total Phosphorus Sample Results i.. ..1�.11.I...I µ 1 I. I !ElillitI EEPfii!lf l691lilil 1 !!"""1 .1.-"'"1 11111111 1 Lake Grades and Trend Analysis M Me • ma •;w1 w o- e• o e i c• ., 1- A_ C. . . 1 IA. 7.W ra 5.reN • ]p 1P.xt iNo Analysis e4,Llope Na HnryNe tar LA. Me Trend ache Na 11001 4+cltws. w. Iwo -Any wen-e- 1ny.arl.q kg, 1e1a been..:.y ig..alk a, I111ryt1ny_ Brown's Creek Diversion Structure Water Quality Chemist Resuilts laces ti:J,.9j _1 IImlEL Ii-'=1111 1 k:RA,-1li��i�` ir. - gketg im:ipizi' =�J t :e—� RPIPms - - NNE 2009 BC Diversion Drainage and McKusick Trib Monitoring u 3 as ro co O0 g. C1 (7 R.R. o0 d 7 7 to In 113 (D m cn G) 0 O 0) O A 0) O geo ea=nous 0£441. 600Z/9L/£ CO AO O V N co fD 0 d cn 6) Q 9 L :9 600Z/OZ/9 O 0) 0) m 7 3 (D d U 0 0 o 14 BYO co N No NJ 0 CD CD CO A O- ) T cs O p ..ny p Co A O) + O O / W O 4 CJ % 8 N (D 0 co N 0 a)6 cr is) cn 6) Q co O O CO V co G m a N 0 CD 0 6 a 03 m co (D d Q -4 N (0 CO O A V co co CD 0 ac 7 qeo uuo1S 0S:8 60/ZZ/9 00)) O CO N Co O to 0 6 7 co 0) N co 0) 0) (0 W 0 co W CO co gei9 Ilawmous CJ 0 (0 CA 0 as N r V 0W) goueJg U1JoN cn G) Q 0Z:6 60/0Z/9 CO O O W N W (0 youeig U3JON m m N (D Q0 SL:6 60/LZ/L 0) 0 0 N T goueJg U1JoN qe.J uuo1S OZ:6 60/ZZ/9 O (0 0 c°I O O 0 �Np youeJg ULoN 0) w 6) a Q 0) (00 CO 0 N O (N)) N 0 b youeig UYoN I NI I I youwg Isom cn ET G) Q CO 0 (00 0 O N ((O L qoueig Isom 0 m CD 2 N coco co O v 0) CD A 0 L youEJg 1SOM geJ9 uuo1S 0) (00 0 O co N 0) N V L UoueJg 1saM 94:£ 160/4/9 N O A O t0 0) L youeig Isom geio 1lawmouS OZ:LI 60/LL/£ A 1 Of Z yauwg 1saM qeo uuols O V O O co co N O Z youeJg 1soM co co d 0 N co cn A O co N O Z UoueJg 1soM qeo uuo1S 05:6 60/ZZ/9 W O (0 O CD O Z youeJg 1saM 00:4L 60/4/9 N O 00) O N Z Uoueig 1saM qeo 1lawmouS 94:IL 60/LL/£ 0) (0 V co youeJg U1noS N 0) d- 0 0 0 00)) (0 V CO N CO youeJg U1noS CO m co m m Cr N (00 co (0 O O O Co gouejg U1noS qe.o wio1S 100:6 60/ZZ/9 O v O 0 A youeJ9 U1noS SL:£L 60/4/9 W O w O N es N W yams twos ciao 1lawmouS W v 0 co (0 PN Ilaminog geJ9 uuo1S O) CD v 0) m m 0 0 N N as 'PL1 Ilaminog 'PH Ilaminog gewo flaw ous 00:Z 1 60/L L/£ CO N N W O VWM uosjoer OD 0 (0 0 N O O A I I VIJM uosAoe£ 0 VOW uosper geJ9 1lawmouS 9£:4L 60/LL/E 0) CO (0 0 f0 co 0 gels uuo1S JD£:£L 60/0Z/9 W AO W O O OD 0 O 73 D) 0 F. co d (D G) Di 0 S L:O L 60/LZ/L W AO 0) O 0) N 0 O C) 0 :D 0 (0 r Ct 0 5. (0 SID N ►ems . O c CD O � • a • C� cm? o 0 10 d 05. N to 0 d 3 'D A 0 D CI d A w at In Appreciation To Firefighter/Engineer THHOMAS E, CROTTY For Over 19 Tears Of Dedicated Service To The City and Residents Of Stillwater Presented By The Stillwater City Council October 6. 2009 ;t`: Appreciation To Captain JEFFERY W. CUTLER For Over 22 Years Of Dedicated Service To The City and Residents Of Stillwater Presented By The Still -water City Council October 6, 2009 � : RESOLUTION 2009 -159 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $1,992,055.61 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 6th day of October, 2009. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -159 1ST Line /Leewes Ventures LLC A.W.I. Diversified L.L.C. AAA Striping Service Co. Action Rental, Inc. Adams, Dave Adolfson & Peterson Constr. Al's Coffee Company Amdahl Locksmith, Inc. Chris Ancom Communication, Inc. Ancom Technical Center Aramark Uniform Services Aspen Mills Babcock, Matt Board of Water Commissioner Bornt, Rich Brady, Doug Braun Intertec Corporation Brines Market Bryan Rock Products, Inc. Campion, Barrow & Associates Carlson Sports Marketing Carquest Auto Parts Chestnut LLC CITI Clarey's Safety Equipment Clark, Luann Coca -Cola Bottling Company Cole Papers Comcast Commissioner of Transportation Community Thread County Materials Corporation CPMI Cub Foods Cummins NPower, LLC D & S Storage and Service, Inc. Dunbar, Carmen Ecolab Emergency Automotive Technologies, Inc. Emergency Medical Products, In Ess Brothers & Sons Inc. Farm Plan Concession Supplies Repair Bench White and Yellow Road Paint Concrete Boot Reimbursement Stillwater Parking Ramp Coffee Supplies Service CaII Repair Lock 2nd Floor Minitor IV Battery , Battery Pack Repair Radio Uniforms Uniforms Work Boots Repair at 2021 Lake St, Myrtle & Martha Mileage /Jury Duty Mileage to Grand Rapids & Back Stillwater Parking Ramp Meals for Aug 11, 09 Lime Medical Evaluations DQ Advertising Vehicle Repair Supplies Six Parking Stalls Leased Refund Overpayment 2009 Street Assessment Equipment Repair Supplies Cleaning City Hall & Public Works Soda for Concessions Toilet Tissue, Roll Towels and Tork Towel Cable /Rec Center MN Dot Mill & Overlay 4th & Final Installment 2009 Contribution Concrete Rings Stillwater Parking Ramp Concession Supplies Lube Filter Maintenance Boston Whaler Boat Park Deposit Refund Lowell Park Laundry Soap New Squads Outfitted Respirator Sanitary Manholes Lift Arm Pin 907.11 300.00 8,442.78 625.22 25.96 1,037,426.25 816.50 146.00 227.64 13.36 790.14 2,881.49 63.29 6,239.56 5.50 278.85 13,670.75 65.33 93.60 1,170.00 1,826.80 216.77 120.00 96.66 151.17 1,152.50 1,027.20 599.77 64.18 26,375.66 3,818.75 2,269.84 2,522.79 11.46 22.06 102.31 100.00 374.79 24,415.84 311.10 5,331.99 8.78 EXHIBIT " A" TO RESOLUTION #2009 -159 Page 2 Festive Outfitters, Inc. Fury Dodge Chrysler Grafix Shoppe Grand Prix Vending Hartland Fuel Products, LLC Haussner Plumbing, LLC Hedberg Aggregates Helke's Tree Service Images of the Past Infratech, Inc. Jefferson Fire & Safety, Inc. Jerry's Skating World, Inc. Kennedy, Michele L & D Sign Lake Country Door, LLC Lakeview Hospital League of MN Cities Insurance Trust LSA Design, Inc. Luoma, Kathleen M J Raleigh Truck Co. Mac Queen Equipment Inc. Magnuson Law Firm Mann Valley Contracting Mark Willis Construction Association Menards Metro Fire Metropolitan Council Miller Excavating MN Dept of Labor & Industry MN Dept. of Public Safety MSA MSTMA Fall Workshop MTI Distributing Nardini Fire Equipment New England Sports Sales, Inc. Newman Signs Northeast WI Technical College Office Depot OnSite Sanitation Papco, Inc. Pogge Michel Professional Wireless Communications R & R Specialties, Inc. Lily Lake Consulting on Equipment Vehicle Maintenance Reserve Lettering for Crown Vic Concession Supplies Fuel Repair Water Pipe Leak in Mech Room Storm Sewer Repair Tree Trimming Out Lab Printing, Custom U Clean and Vac Lift Station Morning Pride Tails Coat Repaired Pro Shop Supplies Refund Plyo Class Repair Lights Repair Door Legal Blood Draws 4th Installment Workers Comp Stillwater Parking Ramp Refund Plyo Class Sewer Line work on McKusick Loop Trail Vehicle Maintenance Supplies Professional Services Grading Escrow Refund Grading Escrow Refund Equipment Repair Supplies Helmet's Sept 2009 SAC Charge Myrtle Street Ravine /Curve Crest Pond Operating Permit Elevator 07997 2 Forfeitures Title & Registration Registration Form Certified Arborist Fall Workshop Oct 22,2009 Caster Wheels for Toro Groundmaster Foam Equipment Skate Shop Sign Blanks Taser Class Hansen Office Supplies Unit Rental Batteries for Floor Scrubber Mileage to Historic Preservation Conference 2 Replacement Portable Radios Repair Zamboni 800.00 409.91 72.15 199.20 7,480.33 120.00 294.71 1,050.00 136.80 4,095.00 31.56 435.96 150.00 1,884.57 194.00 40.00 44,799.00 24,768.48 150.00 49,375.98 33.88 7,626.83 1,500.00 1,500.00 335.62 543.68 5,940.00 35,116.37 6,812.12 40.00 145.00 50.00 371.27 700.03 208.78 2,837.54 395.00 492.95 1,178.80 363.38 68.20 1,720.61 858.16 EXHIBIT " A" TO RESOLUTION #2009 -159 Page 3 Reed's Sales & Service Richard D. Johnson, Consulting Actuary Rick's 36 Automotive Service River Valley Printing Inc. Rose Floral Ruffridge Johnson Equip. Co. Safety - Kleen Systems Inc. Signal Pro Equipment Signature Lighting, Inc. Sprint PCS St. Croix Boat & Packet Co. Standard Truck & Auto Steil, Rachel Stillwater Equipment Co Stillwater Gazette Stillwater Motor Company Stillwater Towing Sun Newspapers T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Toll Gas &Welding Supply Tomten, Roger Tower Asphalt, Inc. Tri State Bobcat, Inc. USAble VenTek International, Inc Verizon Wireless Volunteer Firefighters Benefit Washington County Property Records Washington County Public Safety Radio Washington County Transportation Waste Management - Blaine Watson Company, Inc. The West Government Services Yocum Oil Company Youth Service Bureau Zayo Enterprise Networks,LLC Module Ignition Actuarial Attestation for Retiree RX Air Conditioning and Alignment Business Cards Wulfing Bedding Plants Equipment Repair Supplies Waste Oil Service Equipment Repair Supplies King Globes Teddy Bear Park CeII Phone August Arena Billing Vehicle Repair Charges Refund Skate School Batteries 2 Subscriptions Vehicle Repair Adapters for RV Trailer Special Use Permit 9 -38 Asphalt and tack oil Oxygen, Hazardous Materials Welding Machine Repair Mileage Historic Preservation Conference 2009 Street Improvement Project Equipment Repair Supplies Life Insurance Parking Lot Bill Acceptor & Supplies CeII Phone Annual Insurance 4 Part Time Firefighter Documents Recorded August 800 MHz radios Labor Hours & Fringe Garbage Waiver & Extra Pick Ups Library Concession Supplies Aug Contract Charges for CLEAR Car Washes Squads Final Installment 2009 Contribution Telephone 42.22 1,250.00 1,951.24 44.89 42.29 94.79 24.50 161.86 974.70 122.94 52,836.11 14.96 65.00 236.71 218.00 31.07 89.06 580.60 2,634.53 58.54 179.96 114.40 365,085.85 575.32 406.32 309.36 1,576.76 38.00 240.00 1,566.98 40.63 103.24 176.44 84.70 3,231.90 25,350.00 528.99 EXHIBIT " A" TO RESOLUTION #2009 -159 Page 4 LIBRARY Ace Hardware Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental Beaudet, Michelle Blair, Ed Blocher, Carolyn BWI Book Cameron, Riley Coffee House Press Comcast Johnson, Alec Mid America Business Systems Minnesota Genealogical Society NADA Nardini National Geographic National Trust for Historic Preservation Office Depot Peterson, Andy Random House Trent, Richard Trent, Sara Viking Sprinkler Washington County Library Xcel Energy SEPTEMBER MANUALS Minnesota Post Board Qwest US Postal Service Washington County License Center Xcel Janitorial Supplies Library Materials Library Materials Rental Books Event Preparation Event Preparation Expenses Children's Books Event Preparation Books Telecommunications Event Preparation Supplies Subscription Reference Subscription Fire Extinguisher Maintenance Adult Non Fiction Book Subscription Office Supplies Event Preparation Audio Books Event Preparation Professional Services Inspection Telecommunications & Data Source Electricity,Gas Peace Officer License Telephone Postage Police Tabs Electricity, Gas 1.99 3,135.18 211.36 548.54 60.39 35.53 147.37 24.15 14.21 108.43 49.90 74.61 222.00 35.00 72.00 150.00 15.90 15.00 390.97 78.16 384.80 42.63 166.80 600.00 2,228.54 4,110.69 90.00 309.62 3,000.00 11.25 33,106.62 EXHIBIT " A" TO RESOLUTION #2009 -159 Page 5 ADDENDUM Ace Hardware Aspen Mills BCA /GDN Clarey's Safety Equipment Delta Dental Fed Ex Gala Event Floral ITL Patch Company, Inc. Loffler Metropolitan Council Network Title Inc. Qwest Stillwater Lions Club Uniforms Unlimited Valley Trophy Wal -Mart Waterous Company Xcel Adopted by the City Council this 6th Day of October, 2009 Supplies Uniforms Connect Charges Supply Tank Cobra Dental Freight Arrangement Heroux Uniforms Telephony Charge November 2009 Wastewater Service Refund Special Assmt Pmt that was Abated Telephone 4th Qtr Membership Uniforms Plaques to Serve & Protect Supplies Prime -Safe Lube Electricity,Gas 94.38 1,205.69 270.00 133.87 313.80 15.28 107.50 129.16 125.00 110,865.59 2,321.85 528.63 100.00 652.30 157.85 38.82 229.00 13,806.77 TOTAL 1,992,055.61 TO: Mayor & City Council FROM: Sharon Harrison, Finance Director DATE: October 6, 2009 SUBJECT: Utility Billing Adjustments Description CITY OF STILLWATER MEMORANDUM Recommendation 1 Leaking Toilet & Faucet Adjust 4th qtr 2009 & 1st qtr 2010 from 32,000 to 18,000 gallons 2 Leaking Toilet 3 Leaking Toilet 4 Leaking Toilets & Pipes 5 Sprinklers Used for Fire 6 Water Softner Malfunction Adjust 4th qtr 2009 & 1st qtr 2010 bills from 68,000 gallons to 27,000 gallons Adjust 4th qtr 2009 & 1st qtr 2010 bills from 29,000 gallons to gallons to 14,000 gallons Adjust 3rd qtr & 4th qtr 2009 & 1st qtr 2010 bills from 95,000 gallons to 16,000 gallons Adjust 3rd qtr & 4th qtr 2009 & 1st qtr 2010 bills from 480,000 gallons to 92,000 gallons Adjust 4th qtr 2009 & 1st qtr 2010 from 71,000 gallons to 24,000 gallons.