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2009-12-15 CC Packet
OPEN FORUM The Open Forum is a portion of the Council mee meeting agenda. The Council may take a n or staff regarding investigation of the conc express limit your comments to 5 minutes •;. -'$s. STAFF REPORTS Police Chief Fire Chief CONSENT AGENDA 3. Resolution 2 4. Resolution 5. Resolution 2 6. Possible appro a) MIS Fire De is Wor TlE IIITMILACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street December 15, 2009 • II Call) -204, direc -205, ado -206, ado0 ing d o carry over C REGULAR MEETING CALL TO ORDER ROLL CALL APPROVAL OF MINUTES — Possible approval of Decembe PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATI 1. Presentation of Award of Valor —Chris Kopel 2. Presentation of Plaque by Colleen Danford, Lucy Streets, Sewer minutes is which are not a part of the tatement or may give direction to others in attendance • lease City Clerk v y % City E ineer/PWD Finance Director Community De' 'yor "' Attorney City Administrator 7:00 P.M. wer charges Project No. 0001 (available Tuesday) uent garbage bill charges Project No. 0002 (available Tuesday) I Outlay Items Center 7. Possi oval of . ing License PUBLIC HEAR S - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 8. Possible second reading of Ordinance No. 1011, an ordinance amending the City Code by changing §31 -010, entitled "Definitions" and by changing §31 -400 entitled "Flood Plan Overlay District and adopting resolution of the Stillwater City Council directing the publication of an ordinance by Title & Summary (Case 2009 -43) (2 Reading of ordinance & Resolution — Roll Call) 9. Discussion of problem property enforcement options NEW BUSINESS 10. Possible adoption of resolutions for 2009 Budget & Tax Levy (2 Resolutions — Roll Call) 11. Possible acceptance of grant from Metropolitan Emergency Services Board — Fire Department 12. Possible approval of an addendum to the Parking Ramp Development Agreement 13. Possible approval of quotation for downtown siren PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS routine by the these items u the consent COUNCIL REQUEST ITEMS 14. Beyond Yellow Ribbon Update STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered enacted by one motion. There will be no separate discuss! citizen so requests, in which event, the items will be r„ oved separately. and will be ancil Member or nda and considered OTHER BUSINESS Discussion on trash enclosure TOE CITY OF STILLWATER CITY COUNCIL MEETING December 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 Public Works Director Sanders City Clerk Ward 4:30 P.M. Community Development Director Turnblad stated construction of the trash enclosure on Water Street has been temporarily halted because the abutting property owner has asked that the location be moved to the north. Mr. Turnblad said the abutting property owner has agreed to split the cost of the change in location, estimated to be about $10,000. Subsequent to that request, the owner has requested that the location be moved even farther. However, Mr. Turnblad said that location would interfere with access to some apartments; and he thought the best location would be moving the enclosure slightly to the north, if the property owner pays for half of the cost, or leaves the enclosure at its originally planned location. Mr. Turnblad said he thought the primary objection with the original location is that the enclosure blocks some of the business's windows. Mayor Harycki said he would like to change the location to the north, noting that the enclosure does interfere with the business and suggesting that the business owner(s) should have been contacted prior to making a decision on the location; he pointed out that the project is being paid for from the Cayuga lease revenue. Councilmember Cook suggested that a trash enclosure might not have been needed if the City had contacted the businesses in question regarding cleanup /appearance issues. City Council Meeting December 1, 2009 Councilmember Gag said he would prefer putting the project on hold until next spring, until Marx has decided on plans for an outdoor seating area. Councilmember Roush suggested the possibility of moving the enclosure to the other side of Water Street. Motion by Councilmember Gag , seconded by Councilmember Roush to defer this discussion until the 7 p.m. meeting and, if possible, have Councilmembers view the site in question during the meeting recess. All in favor. Budget Discussion City Administrator Hansen said there has been a change since the Council set the preliminary tax levy in September. He said the budget has been reduced by an additional $100,000 due to the recent decision to refund fire inspection fees and due to the fact that the City will not see an increase in insurance costs, while the preliminary budget was based on an estimated 10% increase in insurance costs. Mr. Hansen said even at the preliminary levy, most property owners would see a decrease in taxes; the additional budget cut should ensure that all property owners will see a decrease. Mr. Hansen said property tax decreases will not be huge, ranging from $5 to $50, but most people will see decreases. Mayor Harycki said he had received a call from a residential property owner whose taxes will be going up. Mayor Harycki asked if the tax rate will be going down; Finance Director Harrison said the tax rate will be going down slightly. Later in the meeting, it was clarified that the tax rate will be going down slightly from the preliminary tax levy, but will be going up slightly as compared with 2009. Rental Ordinance /Housing Maintenance Code Information Mr. Turnblad referred to the results of a survey of other communities regarding rental housing /property maintenance programs. He highlighted the fees for such programs and the staffing levels for the programs; he noted the programs were subsidized through general funds in that the costs of the programs exceed revenues generated by inspection fees. He also noted that the most demanding of the programs in terms of staffing is a property maintenance program. He also pointed out that none of the surrounding area cities have such programs; Oak Park Heights started a rental housing program but dropped it due to community opposition. Mayor Harycki suggested that now is not the time to initiate new programs, but there might be creative ways of accomplishing some of the same goals of rental /maintenance programs. City Administrator Hansen said from a staff perspective, the property maintenance program the City instituted by hiring a contractor to do cleanup has worked well. Page 2 of 12 City Council Meeting December 1, 2009 Councilmember Roush asked if the City would encounter problems collecting fees instituted for a rental /housing maintenance program such as it has encountered in collecting the fire inspection fees. City Attorney Magnuson responded that this is a bit different because it is a health and safety - related inspection; if the City Charter is changed to give the Council the authority to institute such fees that would eliminate any potential problem. Councilmember Cook said she would like to hear some creative options about what the City can do in this area, such as having an intern or entry-level person survey and report on obvious problems. Councilmember Gag suggested that now that staff has provided information regarding the cost involved with implementing such programs, the next step is for the Council to determine whether this is a priority for budgeting purposes. Councilmember Roush suggested utilizing the police reserve program. Mayor Harycki said he would like staff to develop some ideas for an effort that falls between the two extremes of enforcement strictly by complaint and a full -blown housing inspection /licensing program; Mayor Harycki said he would like this issue added to the Council's work plan. Councilmember Polehna said he would not like to get involved with inspection of the interior of housing Motion by Mayor Harycki, seconded by Councilmember Cook to direct staff to bring back ideas, by the end of February, for a stepped up enforcement program for dealing withissues related to the exterior appearance of houses. All in favor. STAFF REPORTS Fire Chief Glaser informed the Council that the new Automatic External Defibrillators (AED) is in use and that the equipment was purchased with the assistance of a grant from the Andersen Foundation. He stated that the older models, which are still valid units and have been reprogrammed to reflect current CPR instructions, will be placed at various locations in the City, including one at City Hall, one at the Library, one at Public Works and another at the Water Department. Chief Glaser reported that one of the department's apparatus was out of service for several days; several trucks have had significant issues this year, he said. He noted the City is hosting a blood drive on December 8; he provided information for those wishing to donate. Chief Glaser reminded citizens that some of the ponds are starting to freeze, but the ice is not safe. Community Development Director Turnblad told citizens parking in the new ramp will be free for the month of December and the machines will be turned on January 4, 2010. Public Works Director Sanders told the Council the first neighborhood informational meetings for the 2010 street project were scheduled for later in the week. He said staff Page 3 of 12 City Council Meeting December 1, 2009 would be meeting with the Corps of Engineers later in the week to discuss construction options for the first phase of the levee project planning. Mayor Harycki referred to a letter from the American Legion regarding a break in their water service and requesting some relief from the $1,900 charge. Mr. Sanders noted that costs associated with water services are totally the responsibility of the property owner; stated that from the appearance of the pipe, the pipe was not installed properly when initially installed in the 1930 — 1940s. Mr. Sanders will draft a response to the Legion's request. Finance Director Harrison stated the City will be refunding fire inspection fees to 212 customers; the refunding will begin and be on the list of bills. She stated that approximately 10 -15 refunds will be processed per meeting. The Mayor recessed the meeting at 5:35 p.m. RECESSED MEETING Mayor Harycki called the reconvened meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Planner Pogge Police Chief Gannaway Public Works Director Sanders City Clerk Ward 7:00 P.M. PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the November 17, 2009, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Discussion on trash enclosure (continued from the 4:30 meeting) The Council resumed discussion of the location of the dumpster enclosure on Water Street. Mayor Harycki suggested that considering the possibility that Marx will be doing Page 4 of 12 City Council Meeting December 1, 2009 some construction in the spring that the project is tabled until that time. He also stated that he thought the City owed it to the abutting property owner to ensure that he has a presentable store. Councilmember Gag agreed, suggesting that perhaps the project was moved along too quickly. The owner of Midtown Antiques told the Council that if he had any knowledge this was going to happen, he would have presented his concerns earlier and that he appreciated the consideration given to his concerns. City Attorney Magnuson spoke to the issue of breach of contract; he suggested it would be better to cancel the contract at this point, rather than hold the contractor until next spring giving the expectation that the project might move forward due to the potential for delay damages and other charges. City Attorney Magnuson suggested that staff explore cancellation with the contractor, with information regarding possible costs brought back to the next meeting. OPEN FORUM There were no public comments CONSENT AGENDA* Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Resolution 2009 -196, directing payment of bills Resolution 2009 -197, certification of cleanup properties Possible approval of Utility Bill Adjustments Resolution 2009 -198, abating special assessments Resolution 2009 -199, accepting work and ordering final payment for 2008 Street Improvement Project (Project 2008 -02) Discussion on K -9 Proposal Police Chief Gannaway informed the Council the Police Department is requesting permission to implement a K9 program. Initial cost would be $4,594 and would be funded from the forfeiture fund. He said normally the startup costs would be much greater, but the St. Paul Police K9 Foundation offers grants to assist communities implementing a program for the first time. Officer Dave Wulfing reviewed the details of the proposal. Officer Wulfing stated that the proposal is to have a dual purpose dog, trained to do both patrol and narcotics - related duties. Officer Wulfing spoke to reasons why the City ought to have such a unit Page 5 of 12 City Council Meeting December 1, 2009 when Washington County has an existing K9 unit. He said the proposal is to purchase the dog and have the animal trained through the St. Paul Police K9 program; so that the dog could be trained and ready to perform here by May 2010. He said deadline for registration for the training program is generally the first of November, but the deadline has been extended for the City of Stillwater until a decision has been reached by the Council. He noted the grants offered by the St. Paul Police K9 Foundation are limited and highly sought after. In addition to the Foundation grant of $6,800, the Stillwater Police Department has raised about $4,200 for a K9 program. He also reviewed annual operating costs, which amount to an estimated $860 a year. On a question by Councilmember Roush, Chief Gannaway highlighted several stipulations to reduce the potential for overtime costs for the K9 handler. Officer Wulfing spoke to the community support for such a program; he noted the program would be funded entirely by the forfeiture fund. Motion by Councilmember Roush, seconded by Mayor Harycki to adopt Resolution 2009 -200, approving the addition of a K -9 unit to the Police Department and acceptance of the grant from the St. Paul Police K9 Foundation. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS Truth in Taxation Hearing Page 6 of 12 City Administrator Hansen reviewed the proposed 2010 budget and levy. His presentation highlighted services provided by the City, noting that the City provides several services — the St. Croix Valley Recreation Center and Lily Lake Ice Arena and the Library -- that other cities do not provide; revenue sources, noting that currently property taxes account for 60% of the revenue due to cuts in state funding; the 2010 proposed operating revenue, pointing out the revenue is down significantly from the prior year; levy limit calculation, which is $188,681 less than 2009; chart showing revenue trends; and 2010 proposed operating expenditures. Mr. Hansen pointed out that the budget has been reduced by $100,000 since the City had to certify the preliminary levy to the County in September in order to keep taxes at zero increase. He pointed out that expenditures are down by $400,000+ from 2009. The presentation highlighted the levy; tax rate; impact of the 2010 property tax on homes of various market values; and comparison of tax rates of municipalities in Washington County. Mayor Harycki opened the public hearing. Paul Randall, 1307 Broadway St. N., said he was perplexed to learn that his property valuation went down and 2010 taxes are going up. He said he understands how the tax burden has been shifted to the local level, but suggested it is incumbent on the Council to get the cost of the City operation under control. He pointed out as a common man, he • City Council Meeting December 1, 2009 has no guaranteed income, but the government has the guarantee that taxpayers will be required to give X amount of dollars. City Administrator Hansen said he would look into Mr. Randall's situation regarding the City portion of the tax statement. Tim Press, a 17 -year resident of the City, said he thought it vitally important to scrutinize every penny the City spends and question the benefit to the residents of Stillwater who are paying the taxes. He questioned whether if a property owner's value has remained stable, will the taxes be higher, lower or unchanged? Mayor Harycki stated the City's tax rate did go up. Mr. Press asked about the TIF financing for the parking ramp; City Administrator Hansen explained that the ramp was designed so that general City tax dollars will not go to the ramp; it will be funded by revenue captured by the TIF district. Mr. Press said he didn't think the new budget posted on the City's web site is as readable as prior budgets that have been posted. Ms. Harrison and Mr. Hansen stated the format has not changed at all; Ms. Harrison said she would look into Mr. Press's comment. No other comments were received, and the hearing was closed. This is the date and time for a public hearing to consider the transfer of the On -sale and Sunday liquor license from St. Croix Seafood Company, LLC, DBA: St. Croix Seafood & Grill to The Cherry Bowl, LLC, DBA: Cherry Bowl, 317 South Main Street Stillwater, MN. Robert Cherry, applicant City Clerk Ward said approval should be contingent upon filing of all required documentation and final approval by Police, Fire, and Finance departments and Minnesota Liquor Control. 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 -201, Approving Transfer of Ownership of the On Sale & Sunday Liquor License from St. Croix Seafood Company, LLC, DBA: St. Croix Seafood & Grill to the Cherry Bowl, LLC, DBA: Cherry Bowl. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09-44. This is the date and time for a public hearing to consider a request from David Fischer, Buell Consulting, for a conditional use permit for co- location of Clearwire antennas on the existing T- Mobile tower with equipment cabinet to be located within existing fenced compound located at 1758 Washington Avenue in the BP -I, Business Park Industrial Page 7 of 12 City Council Meeting December 1, 2009 District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 30, 2009 Planner Pogge reviewed the request. He stated this application meets all the conditions required for the issuance of a conditional use permit for cell towers, and staff recommends approval with two additional conditions. He noted the Planning Commission reviewed and recommended approval of this application. Councilmember Roush noted this is a new carrier and wondered whether this is the first of a number of other requests from the carrier; Mr. Pogge responded that is possible, depending on FCC licensing. Councilmember Roush expressed a concern about the multiplication of cell towers, the number of carriers, and the potential for unbridled growth in towers and that he intended to vote no on this request because of the broader issue. Mayor Harycki opened the public hearing. Dave Fischer, Buell Consulting, noted they are utilizing existing towers, co- location, wherever possible to avoid proliferation of towers. Mr. Fischer requested approval, noting that the application meets code and there is space available on the tower in question. Councilmember Roush asked about sharing of antennas; Mr. Fischer noted the carriers cooperate to the extent possible, but there is proprietary information, FCC regulations and frequency specifics that prevent the actual sharing of antennas. Councilmember Roush asked how many future cell towers Mr. Fischer foresees in this area. Mr. Fischer said they had been interested in co- locating on the tower at the Jaycee fields, but that is not an option so they are redesigning to co- locate on another tower and that they will be co- locating on the tower at Stillwater Junior High. No other comments were received, and the hearing was closed. Councilmember Gag said he agreed with Councilmember Roush's concern, but noted there must be a basis, findings of fact, for denial. Mr. Pogge said he is unaware of any city that has found a legal reason to deny an application that meets all requirements and not be challenged. City Attorney Magnuson stated the preemption by the FCC into tower management and siting is due to local opposition and the belief that without FCC protection no city would ever allow a tower. Mr. Magnuson said no denial can be based on the frequency or potential health damage of a tower; also, Mr. Magnuson pointed out the City has its own ordinance and process that allows for the siting of cell towers. Councilmember Polehna pointed out this request doesn't involve a new tower. Page 8 of 12 City Council Meeting December 1, 2009 Councilmember Cook said she shared Councilmember Roush's concern about proliferation of towers, but suggested that it appears the City's hands are tied at this point. Mayor Harycki pointed out that the City does have zoning regulations and other restrictions, such as height, in place that do limit the towers. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009 -202, a resolution approving a Conditional Use Permit to co- locate wireless antennas on an existing communication monopole tower with necessary ground appurtenances at 1754 Washington Avenue for Clear Wireless LLC, DBA Clearwire (Case No. 2009 -44). Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: Councilmember Roush • Case No. 09-43. This is the date and time for a public hearing to consider a request from the City of Stillwater for a zoninq text amendment to City Code Section 31 -010 entitled "Definitions" and Section 31-400 entitled "Flood Plain Overlay District" related to the adoption of new flood plain maps and a new flood plain ordinance and any variances related thereto. Notice was published in the Stillwater Gazette on October 30, 2009 Planner Pogge spoke about the new flood plain maps that were developed by Washington County with the assistance of FEMA. He said notices were sent to all property owners with flood plain identified on their property to give a chance for impacted owner to meet with FEMA officials. He said the changes in the maps are primarily limited to changes in boundaries; 95 percent of property owners are outside of any flood hazard area. He stated there are no substantive changes in the zoning text amendment or flood plain ordinance that would affect property owners. He noted that the maps are part of the national flood insurance program; participation allows all property owners in the City to purchase flood insurance and participation makes the City eligible for enhanced national disaster funds. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Mayor Harycki, seconded by Councilmember Polehna to approve the first reading of the ordinance. Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 9 of 12 City Council Meeting December 1, 2009 UNFINISHED BUSINESS Proposals on concession services at Recreation Center City Administrator Hansen said no proposals were received, not even from the original proposer. Discussion on administrative fines relating to alcohol related incidents Mayor Harycki asked that this item be tabled as the Police Chief was unable to be present for the discussion. City Attorney Magnuson said he would be pulling together some statistical information and suggested the first meeting in February might be a good time for the presentation /discussion. Motion by Mayor Harycki, seconded by Councilmember Cook to table this item to a meeting in February 2010. All in favor. Training room at Public Works City Administrator Hansen said the original changes to the heating system helped, but it is still too noisy to conduct training. He said two meetings have been held in the room, but in both instances, the heat had to be turned off in order to hear the speaker. Mr. Hansen said staff believes construction of a wall will alleviate the noise problem; because Public Works is a public building, the work needs to be done by a licensed contractor. He said the system of joint meetings is working well and he believes it will continue, so he supports the request. Mayor Harycki noted this work is related to the City hosting joint training sessions which have resulted in a significant cost savings. Motion by Councilmember Roush, seconded by Councilmember Gag to accept the low bid from J.B. Contracting at a cost of $3,600. Motion passed 4 -1, with Councilmember Polehna voting no. NEW BUSINESS Possible appointment to HPC City Clerk Ward noted that state law requires that one member of the Heritage Preservation Commission be a member of the Washington County Historical Society. She said Robert Goodman is recommended to be appointed to fill the unexpired term of Phil Eastwood. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2009 -203, appointment to the Heritage Preservation Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 10 of 12 q City Council Meeting December 1, 2009 2010 meeting date changes City Clerk Ward reviewed some meeting date changes for 2010 — February 2, which is caucus night; August 3 due to Night to Unite, and November 2 due to the General Election. She also asked that two additional meetings be scheduled for canvassing board, 8 a.m. September 17 and November 4. Rivertown Commons request for 24/7 parking permits in ramp Page 11 of 12 Motion by Mayor Harycki, seconded by Councilmember Polehna to change the February 2, 2010 meeting date to Monday, February 1, August 3, 2010 meeting date to July 27 and the November 2, 2010 meeting to November 9 and to schedule the two canvass board meeting dates to , 8 a.m. September 17, 2010 and November 4, 2010. All in favor. Community Development Director Turnblad stated Rivertown Commons has requested eight 24/7 parking permits in the new parking ramp. He said the Parking Commission reviewed and supports the request in view of the loss of eight spaces in a small lot by Rivertown Commons that occurred due to construction of the ramp. On a question by Councilmember Polehna, Mr. Turnblad said the Parking Commission's recommendation was approval of the eight spaces at a fee of $25 a month per spot. Motion by Mayor Harycki, seconded by Councilmember Cook to approve the eight 2417 permits for Rivertown Commons. All in favor. COUNCIL REQUEST ITEMS Councilmember Roush asked for an update on the Cayuga; City Administrator Hansen said he has heard nothing from the prospective buyer for two weeks. Councilmember Roush asked about the status of the former used car dealership that had requested a zoning change. Mr. Turnblad stated that business was grandfathered, so the owner has a year to open that type of business. Councilmember Roush also asked for an update on the Select Senior Living facility; Mr. Turnblad said the applicant is still hopeful that the project will move forward. Mayor Harycki asked if the City has look at various options for health insurance; City Administrator Hansen said in the past there has been little interest, but he expects the issue to be discussed again in upcoming contract talks. City Council Meeting December 1, 2009 ADJOURNMENT Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk Motion by Councilmember Polehna, seconded by Councilmember Roush to adjourn at 9:06 p.m. All in favor. Resolution 2009 -196, directing payment of bills Resolution 2009 -197, certification of cleanup properties Resolution 2009 -198, abating special assessments Resolution 2009 -199, accepting work and ordering final payment for 2008 Street Improvement Project (Project 2008 -02) Resolution 2009 -200, approving the addition of a K -9 unit to the Police Department and acceptance of the grant from the St. Paul Police K9 Foundation Resolution 2009 -201, Approving Transfer of Ownership of the On Sale & Sunday Liquor License from St. Croix Seafood Company, LLC, DBA: St. Croix Seafood & Grill to the Cherry Bowl, LLC, DBA: Cherry Bowl Resolution 2009 -202, a resolution approving a Conditional Use Permit to co- locate wireless antennas on an existing communication monopole tower with necessary ground appurtenances at 1754 Washington Avenue for Clear Wireless LLC, DBA Clearwire (Case No. 2009 -44) Resolution 2009 -203, appointment to the Heritage Preservation Commission Page 12 of 12 RESOLUTION 2009 -204 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 $417,798.98 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 15th day of December, 2009 ATTEST: Diane F. Ward, City Clerk Michael Polehna, Vice Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -204 1ST Line /Leewes Ventures LLC Ace Hardware Al's Coffee Company Alexis Fire Equipment Company Applied Images Aramark Uniform Services Aspen Mills Assoc. of MN Building Official Ballis Tom Becker Arena Products Braun Intertec Carquest Auto Parts Century Power Equipment Clark, Luann Coca -Cola Bottling Company Consolidated Welding Supply Cub Foods Cummins NPower, LLC Curb Masters, Inc. East Central Diesel, Inc. Fastenal Company Fed Ex Force America Gopher Bearing Gopher State One Call, Inc. Greater Stillwater Chamber of Commerce H & L Mesabi Hartland Fuel Products, LLC Holiday Credit Office I.B. Contracting I.H. Larson Electric Iefferson Fire & Safety, Inc. Johnson Controls Johnson Jeff _ &DSign _andmark Inc. _offler Companies, Inc. _ogoStitch, Ltd. Vlagnuson Law Firm VlcGough Construction Vledical Gas System, Inc. vlenards vletropolitan Council viN Pollution Control Agency Concession Supplies Equipment Repair Supplies Concession Supplies Repairs 6107 Name Plates Mats,Mops ,Towels & Uniforms Memorial Pins 2010 Membership Reimburse Education Rivet Trusshead White 2010 Street Improvement Fittings Spark Plugs Cleaning City Hall and Public Works Concession Supplies Electrodes, Markers Concession Supplies Repair 6106 Repair Concrete Sidewalk Along Pioneer Place Plow Cutting Edges and Wing Edge Kit Lamps Freight Equipment Repair Supplies Belt Billable Tickets 2010 Annual Membership Plow Rubber Blade Fuel Fuel Wall Construction at Public Works Facility Lamps, Ballast, Fuses 4 Bunker Gear Sets HVAC Boiler Repairs. Replaced Damaged co Reimburse New Safety Toe Boots Lift Station Repair Service Only Grading Escrow Refund Firewall W /License Agreement Skating Jackets for Resale Professional Service Grading Escrow Refund Medical Gas Testing Equipment Repair Supplies Wastewater Charge January 2010 Collection System Operators Conference 1,527.22 228.81 1,855.30 1,524.22 50.83 917.29 1,095.10 200.00 733.83 178.44 2,620.00 364.64 9.62 1,057.50 1,974.05 79.03 51.73 750.46 313.20 2,111.88 86.50 28.50 22.50 10.67 232.00 685.00 375.84 8,486.27 31.39 3,600.00 281.11 7,191.92 2,267.30 37.58 80.00 1,500.00 1,394.72 100.00 15,248.33 1,500.00 10.00 41.25 118,390.29 600.00 EXHIBIT " A" TO RESOLUTION #2009 -204 Needels Supplies, Inc. Northside Welding & Repair LLC Nuss Truck & Equipment Office Depot Oxygen Service Company, Inc. Palas, Mark Pogge Michel Quill Corporation Reed Business Information Safe Assure Consultants Schoumaker, Walter Springbrook Software, Inc. St. Croix Boat & Packet Co. St. Paul Police K -9 Foundation State of MN Dept. of Commerce Stork Twin City Testing Corporation Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Tessman Seed Co. - St. Paul Toll Gas & Welding Supply University of Minnesota Verizon Wireless Vermeer Sales and Service Washington County Transportation Watson Company, Inc. The Wear Guard West Payment Center Wilson Bohannan Co. Wulfing, David Yeadon Fabric Dome ?ayo Enterprise Networks,LLC FIRE INSPECTION FEE REFUNDS Abbott Paint & Carpet kcapulco Restaurant ascension Episcopal Church 3oard of Water Commissioners :hefts Gallery 3rand Salon iansen's Liquor LLC .inde's Hallmark vlad Capper Saloon & Eatery Cleaning Supplies Repair Stair Railing Repair Grader Blade Labels, BSD Clean Oxygen Cylinders Beaver Control on McKusick Lake Clear Tape for Parking Ramp Passes Label Tape and Laminating Sheets Publication Washington Ave Mill Safety Training Refund Design Review & Sign Permit Fees 2010 Annual Software Maintenance November Arena Management /Fire Inspection Contribution for the Purchase of a K -9 3 Notary Renewals 2009 Streets Publications January 2010 Retiree Health Insurance Cell Phone Asphalt Ice Melt Acetylene Building Official Seminar Cell Phones Chipper Blades Labor Hours and Fringe Concession Supplies Insulated Overall Quinlan Zoning Bulletin Sub Padlocks Dog House Materials Door Gaskets Telephone Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Page 2 754.05 1,000.00 482.50 19.59 221.94 250.00 9.62 355.10 479.70 3,900.00 75.00 17,916.44 49,556.94 4,000.00 120.00 679.50 130.41 38,308.37 42.30 481.58 467.58 29.61 180.00 1,594.75 136.44 597.31 200.78 202.97 37.74 304.47 504.59 504.50 511.90 75.00 105.00 180.00 75.00 105.00 230.00 50.00 105.00 75.00 EXHIBIT " A" TO RESOLUTION #2009 -204 Page 3 Office Max Rent Inc. St. Croix Boat & Packet Stillwater Towing Valley Pre - School Washington County Law Enforcement LIBRARY ABY Events Ace Hardware Baker & Taylor Baker & Taylor 2 Blocher, Carolyn Collins Electric Deeg, Kathleen Demco G &K Gaylord Bros. Hansen, Ann Midwest Tapes Office of Enterprise Technology Polk City Directories Quill Random House Recorded Books S & T Office Products Trent, Sara Washington County Library Xcel ADDENDUM Amano McGann Inc. Aramark Aramark Uniform Association MN Emergency Managers Aspen Mills Batteries Plus Carquest City of Forest Lake Fury Galls Glaser, Stuart Greatland Corporation Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Advertising Janitorial Supplies Library Materials Library Materials Supplies and Mileage Camera and Installation Refund Downpayment Processing Supplies Rug & Towel Service Processing Supplies Postage Rental DVD's Telephone City Directory Office Supplies Children's Audio Books Film Subscription Office Supplies Professional Services Database Utilities Stillwater Parking Ramp Uniforms Mats Membership Uniforms, Vests Batteries Equipment Repair Supplies Legal Fees Meredith Vehicle Maintenance Uniforms Parking Fees AMEM Board Meeting W2 Forms and 1099 Forms 75.00 105.00 75.00 75.00 75.00 425.00 50.00 63.80 4,690.74 163.70 68.84 1,050.00 375.00 12.64 248.41 181.19 10.25 178.33 319.78 322.40 154.98 4,071.00 396.00 16.35 101.52 388.50 3,884.26 58,930.00 49.98 28.05 35.00 825.00 69.10 321.62 550.00 20.34 87.67 17.00 180.08 EXHIBIT " A" TO RESOLUTION #2009 -204 Page 4 Johnson Controls Menards Metropolitan Emergency Managers Assoc Metro Fire Mobile Vision NFPA Office Depot Qwest Shred -It Simplex Grinnell Streicher's Sun Newspapers Uniforms Unlimited, Inc. Washington County Public Safety Radios Xce l Adopted by the City Council this 15th Day of December, 2009 Filled Chiller Glycol Lightbulbs for City Hall Membership RIT Fast Air Bag DVR System for Interview Room Membership Office Supplies Telephone Shredding 2010 Contract Fire Alarm Testing Holster Publications Cartridges November Radios Electricity, Gas 480.00 29.83 40.00 135.00 6,754.50 270.00 150.44 1,561.35 59.10 2,132.16 115.41 200.07 921.52 2,733.88 18,624.19 TOTAL 417,798.98 RESOLUTION 2009 -205 ADOPTING DELINQUENT SEWER CHARGES PROJECT NO. 0001 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and is hereby levied as an assessment against those parcels and the total is $150,468.76 Adopted by the Stillwater City Council this 15 day of December, 2009. ATTEST: Diane F. Ward, City Clerk Michael Polehna, Vice Mayor City of Stillwater 2009 Certification of Delinquent Utility Billings For Collection with the 2010 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 19.030.20.31.0014 75.50 29.030.20.32.0081 108.80 19.030.20.31.0051 261.70 29.030.20.33.0013 379.00 19.030.20.34.0007 434.50 29.030.20.33.0026 386.40 19.030.20.34.0031 475.20 29.030.20.33.0048 290.20 19.030.20.34.0055 97.70 29.030.20.33.0062 268.00 19.030.20.43.0005 423.40 29.030.20.33.0076 427.10 19.030.20.43.0023 191.00 29.030.20.34.0005 85.00 19.030.20.44.0042 131.40 29.030.20.34.0020 268.00 19.030.20.44.0048 445.60 29.030.20.34.0035 318.30 20.030.20.13.0012 282.80 29.030.20.34.0045 323.50 20.030.20.21.0020 371.60 29.030.20.34.0081 323.50 20.030.20.21.0023 808.20 29.030.20.34.0084 401.20 20.030.20.21.0029 428.20 29.030.20.41.0023 408.60 20.030.20.22.0009 75.30 29.030.20.41.0039 268.00 20.030.20.22.0022 423.40 29.030.20.41.0042 252.90 20.030.20.23.0007 404.90 29.030.20.41.0055 460.40 20.030.20.32.0021 112.00 29.030.20.41.0072 434.50 20.030.20.33.0077 104.00 29.030.20.41.0080 282.80 20.030.20.44.0003 567.70 29.030.20.41.0092 268.00 20.030.20.44.0017 190.60 29.030.20.41.0093 375.30 21.030.20.13.0044 268.00 29.030.20.41.0098 258.00 21.030.20.13.0053 258.00 29.030.20.41.0105 82.90 21.030.20.13.0062 259.00 29.030.20.41.0109 583.00 21.030.20.13.0064 268.00 29.030.20.41.0111 369.00 21.030.20.13.0089 140.46 29.030.20.41.0116 290.20 21.030.20.14.0007 286.50 29.030.20.42.0009 379.00 21.030.20.14.0010 57.00 29.030.20.42.0017 478.50 21.030.20.14.0013 146.20 29.030.20.42.0020 268.00 21.030.20.14.0014 268.00 29.030.20.42.0025 365.30 21.030.20.14.0020 308.70 29.030.20.42.0031 645.40 21.030.20.14.0032 268.00 29.030.20.43.0007 258.00 21.030.20.14.0033 268.00 29.030.20.43.0013 242.80 21.030.20.24.0012 279.10 29.030.20.43.0019 100.30 21.030.20.24.0021 268.00 29.030.20.43.0020 293.90 21.030.20.24.0028 124.00 29.030.20.43.0027 445.60 21.030.20.33.0025 375.30 29.030.20.43.0030 268.00 21.030.20.33.0027 678.70 29.030.20.43.0031 308.70 21.030.20.33.0059 316.10 29.030.20.43.0041 268.00 21.030.20.33.0062 268.00 29.030.20.43.0075 453.00 21.030.20.33.0099 305.00 29.030.20.43.0078 437.80 21.030.20.33.0113 268.00 29.030.20.44.0020 390.10 City of Stillwater 2009 Certification of Delinquent Utility Billings For Collection with the 2010 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 21.030.20.34.0009 268.00 29.030.20.44.0026 268.00 21.030.20.34.0018 282.00 29.030.20.44.0041 301.30 21.030.20.34.0027 323.50 29.030.20.44.0075 268.00 21.030.20.34.0036 268.00 29.030.20.44.0090 201.00 21.030.20.34.0073 293.90 29.030.20.44.0097 280.80 21.030.20.34.0112 334.60 29.030.20.44.0107 116.10 21.030.20.34.0129 116.20 29.030.20.44.0114 279.10 21.030.20.34.0133 578.80 29.030.20.44.0129 124.00 21.030.20.34.0139 277.20 29030.20.44.0029 290.20 21.030.20.34.0146 464.10 30.030.20.31.0053 310.90 21.030.20.42.0055 57.00 30.030.20.32.0102 560.00 21.030.20.43.0001 217.40 30.030.20.33.0024 135.20 21.030.20.43.0009 268.00 30.030.20.33.0029 153.60 21.030.20.43.0014 434.50 30.030.20.33.0033 71.80 21.030.20.43.0015 198.00 30.030.20.33.0057 64.40 21.030.20.43.0020 301.30 30.030.20.33.0101 57.00 21.030.20.43.0027 268.00 30.030.20.34.0009 293.90 21.030.20.43.0030 345.70 30.030.20.41.0003 67.00 21.030.20.43.0031 519.50 30.030.20.41.0019 345.70 21.030.20.43.0045 268.00 30.030.20.44.0032 188.50 21.030.20.43.0058 268.00 30.030.20.44.0061 700.90 21.030.20.43.0080 79.20 31.030.20.11.0007 475.20 21.030.20.43.0084 96.50 31.030.20.11.0020 268.00 28.030.20.11.0002 226.00 31.030.20.11.0038 334.60 28.030.20.11.0013 898.80 31.030.20.11.0066 308.70 28.030.20.11.0035 2,100.00 31.030.20.11.0068 678.50 28.030.20.12.0010 519.60 31.030.20.11.0085 342.00 28.030.20.12.0026 268.00 31.030.20.11.0088 453.00 28.030.20.12.0028 112.00 31.030.20.11.0090 493.70 28.030.20.12.0029 297.60 31.030.20.11.0098 268.00 28.030.20.12.0048 386.40 31.030.20.12.0002 127.70 28.030.20.12.0063 453.00 31.030.20.12.0013 75.50 28.030.20.12.0073 286.50 31.030.20.13.0012 345.70 28.030.20.12.0078 519.40 31.030.20.14.0036 68.70 28.030.20.12.0115 632.95 31.030.20.14.0040 327.20 28.030.20.13.0128 293.90 31.030.20.14.0042 214.50 28.030.20.13.0149 57.00 31.030.20.22.0034 438.20 28.030.20.14.0061 457.80 31.030.20.24.0042 57.00 28.030.20.21.0009 312.40 31.030.20.31.0027 149.30 28.030.20.21.0010 268.00 31.030.20.31.0078 393.80 28.030.20.21.0023 475.20 31.030.20.31.0092 316.10 City of Stillwater 2009 Certification of Delinquent Utility Billings For Collection with the 2010 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.21.0069 823.00 31.030.20.41.0021 268.00 28.030.20.21.0072 452.70 31.030.20.41.0039 190.60 28.030.20.21.0074 275.40 31.030.20.42.0004 341.90 28.030.20.21.0101 497.40 31.030.20.43.0009 112.00 28.030.20.21.0104 623.20 31.030.20.44.0014 8,005.00 28.030.20.21.0107 312.40 31.030.20.44.0015 124.00 28.030.20.21.0108 511.20 32.030.20.11.0019 91.40 28.030.20.21.0109 306.30 32.030.20.11.0020 268.00 28.030.20.21.0112 312.40 32.030.20.12.0019 308.70 28.030.20.21.0114 508.50 32.030.20.12.0048 327.20 28.030.20.22.0012 312.40 32.030.20.12.0049 508.40 28.030.20.22.0015 268.00 32.030.20.12.0053 308.70 28.030.20.22.0040 349.40 32.030.20.12.0070 210.00 28.030.20.22.0058 209.50 32.030.20.13.0029 365.30 28.030.20.22.0088 301.30 32.030.20.13.0034 268.00 28.030.20.22.0089 268.00 32.030.20.13.0047 91.40 28.030.20.22.0095 142.10 32.030.20.13.0048 386.40 28.030.20.23.0015 268.00 32.030.20.13.0070 279.10 28.030.20.23.0019 202.10 32.030.20.13.0097 268.00 28.030.20.23.0056 131.00 32.030.20.14.0008 376.40 28.030.20.23.0060 519.60 32.030.20.14.0022 934.00 28.030.20.23.0070 249.40 32.030.20.14.0046 921.90 28.030.20.23.0081 268.00 32.030.20.14.0079 286.50 28.030.20.23.0108 334.60 32.030.20.14.0106 390.10 28.030.20.23.0113 279.10 32.030.20.21.0009 268.00 28.030.20.23.0118 57.00 32.030.20.21.0054 297.60 28.030.20.23.0132 379.00 32.030.20.21.0104 1,093.70 28.030.20.23.0136 268.00 32.030.20.22.0012 371.60 28.030.20.23.0140 112.00 32.030.20.22.0017 390.10 28.030.20.23.0140 556.60 32.030.20.22.0062 79.20 28.030.20.24.0018 456.70 32.030.20.22.0065 308.70 28.030.20.24.0020 290.20 32.030.20.22.0107 268.00 28.030.20.24.0024 293.90 32.030.20.23.0018 808.20 28.030.20.24.0025 408.40 32.030.20.23.0028 86.60 28.030.20.24.0028 419.70 32.030.20.23.0046 268.00 28.030.20.24.0039 289.20 32.030.20.43.0028 1,558.00 28.030.20.24.0051 301.30 33.030.20.11.0030 330.90 28.030.20.24.0061 408.40 33.030.20.11.0044 360.50 28.030.20.24.0064 445.40 33.030.20.11.0048 356.80 28.030.20.24.0075 379.00 33.030.20.11.0065 1,137.50 28.030.20.24.0099 497.40 33.030.20.11.0084 530.50 Property ID 28.030.20.24.0102 28.030.20.31.0004 28.030.20.31.0011 28.030.20.31.0032 28.030.20.31.0045 28.030.20.31.0049 28.030.20.31.0050 28.030.20.31.0058 28.030.20.31.0088 28.030.20.31.0125 28.030.20.31.0134 28.030.20.31.0135 28.030.20.32.0002 28.030.20.32.0004 28.030.20.32.0006 28.030.20.32.0013 28.030.20.32.0026 28.030.20.32.0046 28.030.20.32.0049 28.030.20.32.0058 28.030.20.32.0071 28.030.20.32.0075 28.030.20.32.0099 28.030.20.32.0107 28.030.20.32.0140 28.030.20.32.0144 28.030.20.33.0016 28.030.20.33.0027 28.030.20.33.0052 28.030.20.33.0053 28.030.20.33.0054 28.030.20.33.0059 28.030.20.33.0061 28.030.20.33.0074 28.030.20.33.0100 28.030.20.33.0107 28.030.20.34.0007 28.030.20.34.0043 28.030.20.34.0044 28.030.20.34.0105 28.030.20.34.0110 City of Stillwater 2009 Certification of Delinquent Utility Billings For Collection with the 2010 Property Taxes Project #0001 1 Year - 10% Interest Certification Amount 268.00 583.00 279.10 301.30 362.10 268.00 192.20 147.00 444.30 268.00 338.30 552.70 345.70 197.75 282.80 486.30 73.10 268.00 293.90 275.40 90.30 356.80 312.40 268.00 268.00 268.00 282.80 276.10 268.00 312.40 120.80 434.50 112.00 667.40 187.20 353.10 279.10 590.80 282.80 412.30 286.50 Property ID 33.030.20.11.0085 33.030.20.11.0102 33.030.20.11.0111 33.030.20.11.0126 33.030.20.11.0129 33.030.20.11.0136 33.030.20.11.0138 33.030.20.12.0010 33.030.20.12.0016 33.030.20.12.0017 33.030.20.12.0035 33.030.20.12.0039 33.030.20.12.0051 33.030.20.12.0062 33.030.20.12.0086 33.030.20.12.0087 33.030.20.12.0091 33.030.20.12.0110 33.030.20.12.0121 33.030.20.12.0139 33.030.20.13.0021 33.030.20.13.0030 33.030.20.13.0030 33.030.20.13.0035 33.030.20.13.0042 33.030.20.13.0045 33.030.20.13.0061 33.030.20.13.0066 33.030.20.13.0074 33.030.20.14.0009 33.030.20.14.0013 33.030.20.14.0014 33.030.20.14.0022 33.030.20.14.0023 33.030.20.14.0030 33.030.20.14.0032 33.030.20.14.0048 33.030.20.14.0071 33.030.20.14.0074 33.030.20.14.0120 33.030.20.14.0128 Certification Amount 663.70 367.90 512.20 453.00 301.30 390.10 268.00 463.90 338.30 397.50 338.30 408.40 356.80 268.00 268.00 190.00 345.70 68.10 209.80 401.20 147.50 279.10 330.90 330.90 312.40 138.80 268.00 449.30 200.50 253.90 57.00 312.40 408.40 406.00 408.40 57.00 230.30 287.60 268.00 268.00 268.00 City of Stillwater 2009 Certification of Delinquent Utility Billings For Collection with the 2010 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.34.0125 70.70 33.030.20.21.0042 397.50 28.030.20.41.0003 772.00 33.030.20.21.0048 268.00 28.030.20.41.0028 1,149.40 33.030.20.21.0078 86.60 28.030.20.41.0032 607.50 33.030.20.21.0082 408.40 28.030.20.41.0036 860.80 33.030.20.21.0104 208.40 28.030.20.41.0040 1,336.30 33.030.20.21.0116 85.50 28.030.20.41.0047 726.10 33.030.20.21.0123 353.10 28.030.20.41.0049 889.00 33.030.20.22.0041 268.00 28.030.20.41.0089 772.00 33.030.20.22.0055 301.60 28.030.20.41.0095 838.10 33.030.20.22.0057 317.20 28.030.20.41.0096 1,000.80 33.030.20.24.0012 268.00 28.030.20.41.0110 772.00 33.030.20.24.0027 367.90 28.030.20.41.0148 1,095.00 33.030.20.31.0041 124.00 28.030.20.42.0011 272.80 33.030.20.31.0065 408.60 28.030.20.42.0137 258.00 33.030.20.32.0008 64.40 28.030.20.43.0010 371.60 33.030.20.32.0013 1,020.90 28.030.20.43.0066 408.40 33.030.20.32.0014 2,255.40 28.030.20.43.0100 671.10 33.030.20.32.0016 1,629.00 29.030.20.14.0017 308.70 33.030.20.32.0016 2,188.30 29.030.20.14.0032 449.30 33.030.20.33.0002 1,640.00 29.030.20.14.0086 797.10 33.030.20.33.0014 1,871.50 29.030.20.21.0007 56.60 33.030.20.34.0021 156.90 29.030.20.21.0061 279.10 34.030.20.22.0013 441.90 29.030.20.24.0011 124.00 34.030.20.22.0028 92.90 29.030.20.24.0037 85.50 34.030.20.22.0039 74.00 29.030.20.24.0051 486.30 34.030.20.22.0068 177.70 29.030.20.31.0043 382.70 34.030.20.22.0076 430.80 29.030.20.31.0059 82.90 34.030.20.23.0037 130.00 29.030.20.32.0034 497.40 34.030.20.23.0044 279.10 29.030.20.32.0044 338.30 34.030.20.23.0049 111.40 29.030.20.32.0055 471.50 34.030.20.23.0053 482.40 29.030.20.32.0068 375.30 34.030.20.23.0090 112.00 29.030.20.32.0080 257.60 TOTAL 150,468.76 RESOLUTION 2009 -206 ADOPTING DELINQUENT GARBAGE BILL CHARGES PROJECT NO. 0002 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent garbage bill charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill charges and is hereby levied as an assessment against those parcels and the total is $78,202.89. Adopted by the Stillwater City Council this 15 day of December, 2009. ATTEST: Diane F. Ward, City Clerk Michael Polehna, Vice Mayor City of Stillwater 2009 Certification of Delinquent Garbage (Waste Management) For Collection with the 2010 Property Taxes Project #0002 1 Year - 10% Interest Property ID 19.030.20.21.0028 19.030.20.31.0014 19.030.20.31.0051 19.030.20.34.0031 19.030.20.34.0044 19.030.20.42.0007 19.030.20.43.0005 19.030.20.44.0042 20.030.20.13.0011 20.030.20.21.0015 20.030.20.21.0020 20.030.20.21.0023 20.030.20.22.0003 20.030.20.43.0012 20.030.20.44.0003 20.030.20.44.0024 21.030.20.13.0013 21.030.20.13.0019 21.030.20.13.0020 21.030.20.13.0041 21.030.20.13.0044 21.030.20.13.0053 21.030.20.13.0062 21.030.20.13.0064 21.030.20.13.0089 21.030.20.14.0007 21.030.20.14.0014 21.030.20.14.0020 21.030.20.14.0032 21.030.20.14.0033 21.030.20.14.0034 21.030.20.24.0021 21.030.20.24.0028 21.030.20.33.0019 21.030.20.33.0025 21.030.20.33.0027 21.030.20.33.0049 21.030.20.33.0059 21.030.20.33.0062 21.030.20.33.0099 21.030.20.33.0104 Certification Amount $81.69 $70.81 $123.26 $196.65 $232.54 $60.13 $296.52 $50.40 $60.13 $ 224.49 $253.96 $190.02 $60.13 $186.39 $311.89 $293.25 $157.20 $147.62 $60.13 $214.15 $103.39 $214.10 $214.15 $382.33 $123.26 $253.80 $253.80 $298.27 $253.15 $313.52 $306.34 $191.53 $157.37 $109.00 $268.89 $254.00 $255.65 $328.44 $214.15 $214.10 $220.46 Property ID 29.030.20.24.0050 29.030.20.24.0051 29.030.20.24.0053 29.030.20.31.0043 29.030.20.32.0018 29.030.20.32.0021 29.030.20.32.0034 29.030.20.32.0044 29.030.20.32.0055 29.030.20.32.0068 29.030.20.32.0081 29.030.20.33.0007 29.030.20.33.0037 29.030.20.33.0048 29.030.20.33.0062 29.030.20.34.0005 29.030.20.34.0030 29.030.20.34.0045 29.030.20.34.0081 29.030.20.34.0084 29.030.20.34.0085 29.030.20.41.0009 29.030.20.41.0014 29.030.20.41.0039 29.030.20.41.0042 29.030.20.41.0055 29.030.20.41.0072 29.030.20.41.0080 29.030.20.41.0092 29.030.20.41.0093 29.030.20.41.0116 29.030.20.42.0009 29.030.20.42.0020 29.030.20.42.0031 29.030.20.43.0007 29.030.20.43.0020 29.030.20.43.0027 29.030.20.43.0030 29.030.20.43.0031 29.030.20.43.0041 29.030.20.43.0054 Certification Amount $223.66 $315.40 $297.54 $297.77 $305.47 $186.39 $308.86 $168.25 $296.47 $297.98 $250.15 $302.69 $123.26 $295.21 $530.29 $269.45 $92.65 $253.36 $224.66 $253.80 $297.95 $699.74 $335.35 $60.13 $122.50 $297.61 $253.80 $253.80 $303.21 $149.97 $294.26 $233.16 $253.15 $296.25 $144.62 $254.85 $147.62 $260.42 $296.47 $191.53 $297.86 City of Stillwater 2009 Certification of Delinquent Garbage (Waste Management) For Collection with the 2010 Property Taxes Project #0002 1 Year - 10% Interest Property ID 21.030.20.33.0113 21.030.20.33.0118 21.030.20.34.0009 21.030.20.34.0027 21.030.20.34.0036 21.030.20.34.0051 21.030.20.34.0066 21.030.20.34.0073 21.030.20.34.0104 21.030.20.34.0116 21.030.20.34.0129 21.030.20.34.0144 21.030.20.42.0020 21.030.20.42.0042 21.030.20.43.0003 21.030.20.43.0014 21.030.20.43.0027 21.030.20.43.0045 21.030.20.43.0084 28.030.20.12.0010 28.030.20.12.0026 28.030.20.12.0029 28.030.20.12.0063 28.030.20.12.0073 28.030.20.12.0078 28.030.20.12.0115 28.030.20.13.0130 28.030.20.13.0154 28.030.20.21.0009 28.030.20.21.0010 28.030.20.21.0023 28.030.20.21.0036 28.030.20.21.0069 28.030.20.21.0072 28.030.20.21.0074 28.030.20.21.0100 28.030.20.21.0104 28.030.20.21.0108 28.030.20.21.0109 28.030.20.21.0112 28.030.20.21.0130 Certification Amount $183.09 $300.62 $214.10 $343.49 $214.15 $219.71 $271.65 $297.75 $103.80 $71.07 $147.62 $269.61 $286.26 $144.62 $69.27 $214.36 $253.80 $187.02 $103.80 $243.30 $253.80 $161.49 $256.35 $253.95 $296.21 $310.43 $215.08 $297.54 $60.13 $58.48 $297.54 $220.21 $146.01 $74.00 $258.23 $50.40 $533.99 $283.57 $364.91 $253.80 $214.89 Property ID 29.030.20.43.0075 29.030.20.44.0020 29.030.20.44.0026 29.030.20.44.0029 29.030.20.44.0090 29.030.20..44.0107 29.030.20.44.0114 29.030.20.44.0129 30.030.20.33.0029 30.030.20.34.0009 30.030.20.34.0046 30.030.20.41.0003 30.030.20.41.0019 30.030.20.44.0006 30.030.20.44.0061 31.030.20.11.0007 31.030.20.11.0038 31.030.20.11.0066 31.030.20.11.0085 31.030.20.11.0090 31.030.20.11.0098 31.030.20.12.0007 31.030.20.13.0012 31.030.20.14.0040 31.030.20.22.0034 31.030.20.24.0042 31.030.20.31.0006 31.030.20.31.0078 31.030.20.31.0087 31.030.20.31.0092 31.030.20.32.0160 31.030.20.41.0039 31.030.20.41.0044 32.030.20.11.0022 32.030.20.12.0048 32.030.20.12.0053 32.030.20.12.0070 32.030.20.13.0029 32.030.20.13.0034 32.030.20.13.0070 32.030.20.13.0084 Certification Amount $317.91 $255.65 $214.15 $415.62 $128.06 $300.42 $310.12 $157.37 $167.50 $191.53 $296.52 $73.25 $510.41 $70.81 $367.86 $304.95 $363.50 $300.08 $267.93 $286.99 $253.90 $455.30 $297.58 $314.58 $190.02 $120.44 $123.26 $254.22 $144.62 $203.20 $354.06 $154.99 $60.13 $143.03 $297.54 $297.54 $297.54 $334.98 $239.19 $167.42 $198.23 City of Stillwater 2009 Certification of Delinquent Garbage (Waste Management) For Collection with the 2010 Property Taxes Project #0002 1 Year - 10% Interest Property ID 28.030.20.21.0135 28.030.20.21.0137 28.030.20.22.0012 28.030.20.22.0015 28.030.20.22.0074 28.030.20.22.0085 28.030.20.22.0086 28.030.20.22.0088 28.030.20.22.0089 28.030.20.23.0019 28.030.20.23.0034 28.030.20.23.0056 28.030.20.23.0056 28.030.20.23.0085 28.030.20.23.0108 28.030.20.23.0113 28.030.20.23.0132 28.030.20.23.0136 28.030.20.23.0140 28.030.20.24.0020 28.030.20.24.0024 28.030.20.24.0025 28.030.20.24.0028 28.030.20.24.0038 28.030.20.24.0039 28.030.20.24.0049 28.030.20.24.0051 28.030.20.24.0061 28.030.20.24.0062 28.030.20.24.0064 28.030.20.24.0099 28.030.20.24.0102 28.030.20.24.0105 28.030.20.31.0004 28.030.20.31.0011 28.030.20.31.0021 28.030.20.31.0028 .28.030.20.31.0042 28.030.20.31.0049 28.030.20.31.0088 28.030.20.31.0091 Certification Amount $599.30 $123.26 $203.43 $174.13 $119.49 $251.43 $86.38 $253.50 $501.66 $60.13 $70.81 $224.49 $233.29 $297.88 $191.53 $253.15 $298.51 $292.15 $276.32 $297.54 $253.80 $421.13 $271.29 $317.24 $262.13 $310.29 $369.57 $297.54 $191.53 $410.53 $160.20 $297.84 $160.20 $253.80 $296.77 $148.03 $103.26 $60.13 $221.68 $349.79 $354.06 Property ID 32.030.20.13.0097 32.030.20.14.0008 32.030.20.14.0022 32.030.20.14.0046 32.030.20.14.0079 32.030.20.21.0009 32.030.20.21.0093 32.030.20.21.0096 32.030.20.21.0114 32.030.20.22.0012 32.030.20.22.0017 32.030.20.22.0023 32.030.20.22.0026 32.030.20.22.0030 32.030.20.22.0046 32.030.20.22.0059 32.030.20.22.0107 32.030.20.23.0018 32.030.20.23.0028 32.030.20.23.0036 32.030.20.23.0043 32.030.20.23.0046 32.030.20.24.0052 32.030.20.24.0058 33.030.20.11.0044 33.030.20.11.0048 33.030.20.11.0049 33.030.20.11.0052 33.030.20.11.0065 33.030.20.11.0082 33.030.20.11.0085 33.030.20.11.0111 33.030.20.11.0129 33.030.20.11.0136 33.030.20.12.0035 33.030.20.12.0039 33.030.20.12.0049 33.030.20.12.0051 33.030.20.12.0062 33.030.20.12.0080 33.030.20.12.0087 Certification Amount $261.22 $214.27 $297.54 $174.81 $306.34 $254.43 $214.15 $60.13 $250.78 $307.19 $300.00 $223.73 $252.02 $158.55 $215.54 $95.91 $297.54 $147.62 $122.57 $50.40 $403.07 $262.01 $221.43 $224.49 $326.06 $253.80 $300.08 $252.02 $224.49 $64.55 $157.37 $255.73 $268.32 $239.05 $296.35 $190.80 $53.48 $186.39 $253.86 $53.40 $124.50 City of Stillwater 2009 Certification of Delinquent Garbage (Waste Management) For Collection with the 2010 Property Taxes Project #0002 1 Year - 10% Interest Property ID 28.030.20.31.0135 28.030.20.31.0138 28.030.20.32.0007 28.030.20.32.0013 28.030.20.32.0046 28.030.20.32.0049 28.030.20.32.0058 28.030.20.32.0075 28.030.20.32.0088 28.030.20.32.0099 28.030.20.32.0100 28.030.20.32.0107 28.030.20.32.0140 28.030.20.32.0150 28.030.20.32.0150 28.030.20.33.0027 28.030.20.33.0052 28.030.20.33.0059 28.030.20.33.0061 28.030.20.33.0074 28.030.20.33.0100 28.030.20.34.0007 28.030.20.34.0044 28.030.20.34.0087 28.030.20.34.0105 28.030.20.34.0110 28.030.20.34.0125 28.030.20.41.0089 28.030.20.41.0109 28.030.20.42.0011 28.030.20.42.0165 28.030.20.43.0010 28.030.20.43.0066 28.030.20.43.0069 28.030.20.43.0075 28.030.20.43.0100 28.030.20.44.0016 29.030.20.11.0057 29.030.20.14.0032 29.030.20.14.0086 29.030.20.21.0061 Certification Amount $351.89 $297.54 $123.26 $497.86 $253.15 $309.81 $254.79 $319.20 $222.42 $253.83 $253.80 $219.88 $214.55 $222.38 $60.13 $296.25 $250.36 $214.15 $303.35 $254.10 $263.24 $253.80 $260.42 $509.76 $273.36 $70.81 560.13 $215.12 $215.18 $282.93 $532.72 $297.54 $224.66 $297.85 $201.84 $227.44 $123.26 $253.80 $261.93 $360.04 $297.54 Property ID 33.030.20.12.0091 33.030.20.12.0094 33.030.20.12.0110 33.030.20.12.0135 33.030.20.12.0139 33.030.20.13.0030 33.030.20.13.0031 33.030.20.13.0061 33.030.20.13.0066 33.030.20.13.0073 33.030.20.14.0009 33.030.20.14.0013 33.030.20.14.0014 33.030.20.14.0027 33.030.20.14.0030 33.030.20.14.0048 33.030.20.14.0071 33.030.20.14.0074 33.030.20.14.0120 33.030.20.14.0128 33.030.20.14.0132 33.030.20.21.0042 33.030.20.21.0082 33.030.20.21.0082 33.030.20.21.0123 33.030.20.22.0010 33.030.20.22.0041 33.030.20.22.0055 33.030.20.22.0057 33.030.20.24.0012 33.030.20.24.0027 33.030.20.31.0002 33.030.20.32.0030 33.030.20.32.0036 33.030.20.34.0074 34.030.20.22.0028 34.030.20.22.0067 34.030.20.22.0068 34.030.20.23.0037 34.030.20.23.0044 34.030.20.23.0053 Certification Amount $269.45 $115.51 $218.69 $253.15 $ 254.47 $311.24 $190.37 $269.04 $225.22 $52.26 $513.96 $103.80 $265.81 $82.89 $171.92 $243.93 $253.36 $273.16 $298.44 $214.10 $70.81 $461.80 $287.78 $214.15 $296.47 $305.04 $456.47 $287.19 $187.02 $186.39 $297.54 $255.52 $200.71 $297.71 $264.78 $73.81 $50.40 $116.62 $123.15 $296.40 $589.81 City of Stillwater 2009 Certification of Delinquent Garbage (Waste Management) For Collection with the 2010 Property Taxes Project #0002 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 29.030.20.24.0011 $66.13 34.030.20.23.0090 $304.05 TOTAL $78,202.89 Lucy Winton Bell Athletic Fields Updated 12/16/2009 Amount Reguest Year Kids Pop School Age Kids x $8.00 Municipal Source 2005 Census 621 $24,840.00 Afton $4,968.00 $4,968.00 $4,968.00 $4,968.00 $4,968.00 Paid Paid 312 $12,480.00 Bayport $2,496.00 $2,400.00 $2,496.00 $2,496.00 $2,496.00 Paid Paid 409 $16,360.00 Baytown Township $3,272.00 $3,272.00 $3,200.00 $3,272.00 $3,272.00 Paid Paid Paid 952 $38,080.00 Grant Township 1,517 $60,680.00 City of Lake Elmo 383 $15,325.00 Lakeland 2007 2008 2009 2010 2011 2012 96 $5,000.00 Lakeland Shores $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Paid Paid Paid 217 $8,680.00 Lake St. Croix Beach $1,400.00 Paid 102 $4,080.00 Marine 629 $25,160.00 Oak Park Heights $5,032.00 $5,032.00 $5,032.00 $5,032.00 $5,032.00 Paid Paid 3,198 $127,920.00 City of Stillwater $20,000.00 Paid 646 $15,000.00 Stillwater Township $5,000.00 $5,000.00 $5,000.00 Paid Paid Paid 0 St. Mary's Point 899 $35,960.00 West Lakeland Township Building Permit 692 $27,680.00 May Township 2007 Grant Application Andersen Foundation $25,000.00 Paid Capital Campaign Total Goal Includes 10% overage on cost $220,000.00 Contact: Total Pledged $54,272.00 $23,168.00 $21,682.00 $16,768.00 $16,768.00 $12,496.00 $145,154.00 Colleen Danford LWBAF Director Balance To Raise $74,846.00 651 - 755 -4383 Total Collected $54,272.00 $23,018.00 $21,600.00 $98,890.00 Total Expense to Date 11/30/2009 $133,035.49 i • • i • • Field House Utility House itA • ea: qua ePs #I! ard • — N LUCY WINTON BELL ATHLETIC FIELDS wastungton Lounty STILLWATER > Council approves plans for ice rink Hockey players and ice - ;katers in Stillwater, start sharpening your blades. The Stillwater City Council 3n Tuesday night approved plans for a new outdoor ice rink just west of the St. Croix Valley Recreation Center. The Stillwater Area Hockey Assa- 12 –10 – 0 9 ciation plans to spend $65,000 building the 170 -by- 230 -foot Mayor Ken H a r y c k i sheet of ice, said Bob Kaufman, City Council the association's initiation director. The rink will be lighted and open for use from 8 am. to 9 p.m., free of charge, Kaufman said. Officials hope the sheet — which will not be refrigerat- ed - will be open by Christ- mas and last until the end of February. St THE CITY DESPERATELY NEEDS A MOVIE THEATER¢a i thecity esper tely , more ice rinks. Hockey players We are starved for movie theaters.. to Somerset or Wis., to practice, Kaufman said. Why should we have to drive to Oakdale Kaufman said the Stillwater association is the fifth - larger in or No. St. Paul when we have available the state and serves 00 hockey players ages 4 to 18. "The kids are skating at space here? What about the vacant corner ridiculous hours, like 10 p.m., so this provides additional ice at Hwy 36 & Osgood (H E C K E R) for a good opportunities," he said. `But site? The oarkina lot is alr.Paav thPrP. If not, find another site. There are more than 900 Movie watchers in Stillwater who crave movies. Please approve this request. Mrs. Robert N. Howard 703 Harriet Dr. Stillwater, MN 55082 -6156 6,4.1.411 :. -_- �, ,s • � `�`::�' : .. � , � ����:�`�::1 { il t ce I, b , tett , g 7.,,.: I I.''4 1-. Q• "d to _ki Sri.:. -&0 :76 1 ..::.414,, E •w r b S E P t „a o'' -7046 • Ed cco ,f.iu z y 0 It CZ 1( "L3 " ' f ....•�,a� �,.via 4.0 1175. g 0 '15" ig: 9 :2 a t r y It ry,:: tirz 0,44 6-ti -. ,� . Ire e 0 , - 47 «w 0 •w a c.4. ;d. �� 6.. LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2009 -204 1ST Line /Leewes Ventures LLC Ace Hardware Al's Coffee Company Alexis Fire Equipment Company Applied Images Aramark Uniform Services Aspen Mills Assoc. of MN Building Official Ballis Tom Becker Arena Products Braun Intertec Carquest Auto Parts Century Power Equipment Clark, Luann Coca -Cola Bottling Company Consolidated Welding Supply Cub Foods Cummins NPower, LLC Curb Masters, Inc. East Central Diesel, Inc. Fastenal Company Fed Ex Force America Gopher Bearing Gopher State One Call, Inc. Greater Stillwater Chamber of Commerce H & L Mesabi Hartland Fuel Products, LLC Holiday Credit Office J.B. Contracting J.H. Larson Electric Jefferson Fire & Safety, Inc. Johnson Controls Johnson Jeff L & D Sign Landmark Inc. Loffler Companies, Inc. LogoStitch, Ltd. Magnuson Law Firm McGough Construction Medical Gas System, Inc. Menards Metropolitan Council MN Pollution Control Agency Concession Supplies Equipment Repair Supplies Concession Supplies Repairs 6107 Name Plates Mops & Towels Memorial Pins 2010 Membership Reimburse Education Rivet Trusshead White 2010 Street Improvement Fittings Spark Plugs Cleaning City Hall and Public Works Concession Supplies Electrodes, Markers Concession Supplies Repair 6106 Repair concrete sidewalk along Pioneer P Plow cutting edges and wing edge kit Lamps Freight Equipment Repair Supplies Belt Billable Tickets 2010 Annual Membership Plow Rubber Blade Fuel Fuel Wall construction at Public Works Facili Lamps, Ballast, Fuses 4 Bunker Gear Sets HVAC Boiler Repairs. Replaced Damaged co Reimburse New Safety Toe Boots Lift Station Repair Service Only Grading Escrow Refund Firewall W /License Agreement Skating Jackets for Resale Professional Service Grading Escrow Refund Medical Gas Testing Equipment Repair Supplies Wastewater Charge January 2010 Collection System Operators Conference 1,527.22 228.81 1,855.30 1,524.22 50.83 917.34 1,095.10 200.00 733.83 178.44 2,620.00 364.64 9.62 1,057.50 1,974.05 79.03 51.73 750.46 313.20 2,111.88 86.50 28.50 22.50 10.67 232.00 685.00 375.84 8,486.27 31.39 3,600.00 281.11 7,191.92 2,267.30 37.58 80.00 1,500.00 1,394.72 100.00 15,248.33 1,500.00 10.00 41.25 118,390.29 600.00 EXHIBIT " A" TO RESOLUTION #2009 -204 Needels Supplies, Inc. Northside Welding & Repair LLC Nuss Truck & Equipment Office Depot Oxygen Service Company, Inc. Palas, Mark Pogge Michel Quill Corporation Reed Business Information Safe Assure Consultants Schoumaker, Walter Springbrook Software, Inc. St. Croix Boat & Packet Co. St. Paul Police K -9 Foundation State of MN Dept. of Commerce Stork Twin City Testing Corporation Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Tessman Seed Co. - St. Paul Toll Gas & Welding Supply University of Minnesota Verizon Wireless Vermeer Sales and Service Washington County Transportation Watson Company, Inc. The Wear Guard West Payment Center Wilson Bohannan Co. Wulfing, David Yeadon Fabric Dome Zayo Enterprise Networks,LLC FIRE INSPECTION FEE REFUNDS Abbott Paint & Carpet Acapulco Restaurant Ascension Episcopal Church Board of Water Commissioners Chef's Gallery Grand Salon Hansen's Liquor LLC Linde's Hallmark Mad Capper Saloon & Eatery Cleaning Supplies Repair stair railing Repair Grader Blade Labels, BSD Clean Oxygen Cylinders Beaver Control on McKusick Lake Clear Tape for Parking Ramp Passes Label Tape and Laminating Sheets Publication Washington Ave Mill Safety Training Refund Design Review & Sign Permit Fees 2010 Annual Software Maintenance Manager Contribution for the Purchase of a K -9 Notary Renewal 2009 Streets Publications January 2010 Retiree Health Insurance Cell Phone Asphalt Ice Melt Acetylene Building Official Seminar Cell Phones Knife Cutt Labor Hours and Fringe Concession Supplies Insulated Overall Quinlan Zoning Bulletin Sub Padlocks Dog House Materials Door Gaskets Telephone Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Page 2 754.05 1,000.00 482.50 19.59 221.94 250.00 9.62 355.10 479.70 3,900.00 75.00 17,916.44 49,556.94 4,000.00 120.00 679.50 130.41 38, 308.37 42.30 481.58 467.58 29.61 180.00 1,594.75 136.44 597.31 200.78 202.97 37.74 304.47 504.59 504.50 511.90 105.00 105.00 180.00 75.00 105.00 230.00 50.00 105.00 75.00 EXHIBIT " A" TO RESOLUTION #2009 -204 Page 3 Rent Inc. St. Croix Boat & Packet Stillwater Towing Valley Pre - School Washington County Law Enforcement LIBRARY ABY Events Ace Hardware Baker & Taylor Baker & Taylor 2 Blocher, Carolyn Collins Electric Deeg, Kathleen Demco G &K Gaylord Bros. Hansen, Ann Midwest Tapes Office of Enterprise Technology Polk City Directories Quill Random House Recorded Books S & T Office Products Trent, Sara Washington County Library Xcel Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Refund Fire Inspection Fee Advertising Janitorial Supplies Library Materials Library Materials Supplies and Mileage Camera and Installation Refund Processing Supplies Rug & Towel Service Processing Supplies Postage Rental DVD's Telephone City Directory Office Supplies Children's Audio Books Film Subscription Office Supplies Professional Services Database Utilities 105.00 75.00 75.00 75.00 425.00 50.00 63.80 4,690.74 163.70 68.84 1,050.00 375.00 12.64 248.41 181.19 10.25 178.33 319.78 322.40 154.98 4,071.00 396.00 16.35 101.52 388.50 3,884.26 MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: December 11, 2009 Subject: Rollover of Unexpended 2009 Capital Outlay Funds During the 2010 budget process I broke down my Capital Outlay allotments between what I wanted to spend in 2009 and 2010. The amounts I reserved for 2010 is already included in the 2010 budget. This memo is to request Council approval to rollover unexpended 2009 Capital Outlay funds (this does not include the money already included in my 2010 budget). I am requesting rollover for the 5310 account (computer equipment) for several departments. 100 — 4020 MIS $ 25,800.00 100 — 4040 Administration $ 1,500.00 100 — 4055 Community Dev. $ 1,200.00 100 — 4080 Inspections $ 8,100.00 100 — 4100 Streets $ 1,200.00 202 — 4202 Recreation Center $ 2,500.00 100 — 4060 Police $ 9,000.00 100 — 4070 Fire $ 2,075.00 700 — 4700 Sewer $ 1,200.00 Attached to this memo is a breakdown of what I want to rollover from 2009. MIS 5310 Captial Outlay Expenditures (includes all rollover money from previous years) City Wide Software Updates $4,400.00 Wireless (Council Chambers) $2,000.00 Server Room Solution $16,000.00 Switch $3,400.00 Total $25,800.00 Administration Computer Replacement $1,500.00 Total $1,500.00 Community Development Computer Replacement $1,200.00 Total $1,200.00 Police Computer Replacement $1,200.00 MDC Replacement $2,100.00 In -Car Video $5,700.00 Total $9,000.00 Fire GPS Units $2,075.00 Total $2,075.00 Inspections Computer Replacement $8,100.00 Total $8,100.00 Streets Computer Replacement $1,200.00 Total $1,200.00 Recreation Center Rack $2,500.00 Total $2,500.00 Sewer Computer Replacement $1,200.00 Sewer Enterprise Fund Total $1,200.00 STAFF REQUEST ITEM Department: Fire Date: December 15, 2009 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2009 Capital Outlay funds and place the remaining funds into the 2010 Fire Department Capital Outlay budget. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Carry over requested as of December 12, 2008: 2009 Capital Outlay Machinery & Equipment $ 6,142.14 (Turnout Gear Replacement) 2009 Capital Outlay Improvements $ 50,700.00 (Station Improvements, Replace Carpet, Apparatus Floor Maintenance, Station Furniture) 2009 Capital Outlay Automotive Equipment $ 115,667.73 (Apparatus Replacement Allocation — Anticipated Purchase in 2010) Total: $172,509.87 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser Date: December 15, 2009 TO: Mayor and City Council 6`7 FROM: Shawn Sanders, Director of Public Works DATE: December 9, 2009 SUBJECT: 2009 Capital Outlay Carryover DISCUSSION: MEMORANDUM The Public Works Department is requesting monies from the 2009 Capital Outlay be carried over into 2010. The request includes: SANITARY SEWER Staff is requesting a carryover amount of $778,719.20 for the following items: PARKS • Downtown Sewer Lining -This project would reline the sanitary sewer main from Nelson Street to Laurel Street and would eliminate inflow /infiltration coming into the sewer during high river levels in the spring. Estimated cost of the project is $550,000. Funds have been carried over the last two years for a Downtown sewer lining project. - $600,000 • Lift Station Improvements • Seal and waterproof Marine Circle and Mid Oaks dry wells - $20,000 • Sewer chewer and by -pass manhole at Nelson Street - $75,000 • Re -Roof Nelson Aiple, and Brick lift Stations - $45,000 • Bypass manholes at Marine Circle and Mid Oaks - $44,000 Staff is requesting a carryover amount of $199,351.52 for the following items: • Ramsey/ Grove park and Triangle Park play equipment - $90,000 • Teddy Bear Park turf replacement - $5,000 • Building improvements at Lily Lake (bathrooms and picnic shelter), Northland Park, and Lowell Park - $47,000 • Mower - $37,000 • Aerator - $6,000 • Fertilizer /seeder mower attachment - $6,000 • Balance kept in reserve for other improvements that may be needed. STREETS Staff is requesting a carryover amount of $173,883.00 for the following item: Purchasing a roll off truck when the grader is scheduled to be replaced - This type of truck would be just a cab and chassis but would allow for different "attachments" for the chassis, include a asphalt hot box, and a salt and sand dump box . This would be dual purpose vehicle and used throughout the year. Estimated cost is $275,000 and purchase would possibly take place in 2011 or 2012. RECOMMENDATION It is recommended that Council approve the Capital Outlay carryover request for the amounts listed for the Sewer, Parks and Streets Departments. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the Capital Outlay carryover request for the Sewer, Parks and Streets Departments Carry over request: STAFF REQUEST ITEM Department: Rec Center Date: December 18, 2009 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over an unexpended 2009 Capital Outlay items. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Bobcat Toolcat $45,000 Replacement Restroom Partitions $10,000 New Turf for Field House $60,000 Insulation $70,000 Refrigeration Retrofit $168,000 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Doug Brady Date: December 8, 2009 STAFF REQUEST ITEM Department: PlantlCity Hall Date: December 11, 2009 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over an unexpended 2009 Capital Outlay items. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Carry over request: Building Upgrades $49,000 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Larry Hansen Date: December 11, 2009 No. 10 -1 Attest: Clerk. GENERAL CORPORATE LICENSE STATE OF MINNESOTA $100.00 annual City of Stillwater County of Washington WHEREAS, STILLWATER TOWING, INC. has paid the sum of One Hundred Dollars to the Treasurer of said City as required by the Ordinances of said City and complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, By order of the City Council, and by virtue hereof, the said STILLWATER TOWING, INC. is hereby licensed and authorized to tow in the City of Stillwater, 1998 Kenworth Wrecker, 1992 Kenworth Wrecker, 1999 Ford F550 Wrecker, 2008 Kenworth T300 Wrecker, 2007 Ford F750 Flatbed, 1995 Ford Wrecker, 2003 Mack Wrecker, 2007 Ford F650 Flatbed, 2006 Ford 750 Flatbed, 2008 Ford F750 Flatbed, 1993 Mack Tractor, 2000 Lowboy Trailer, 2008 Ford F750 Flatbed, 2006 Ford F650 Flatbed and a 2006 Ford F750 Flatbed for the period of one year starting January 1, 2010 and ending December 31, 2010, subject to all conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Stillwater this 15 day of December A.D. 2009. Mayor DATE: APPLICANT: REQUEST: MEETING DATE: PREPARED BY: November 25, 2009 City of Stillwater A zoning text amendment to City Code Section 31 -010 entitled "Definitions" and Section 31 -400 entitled "Flood Plain Overlay District" related to the adoption of new flood plain maps and a new flood plain ordinance. December 1, 2009 Si 1 Iwate I R ' . H e i R f . E7 r M I N N E S O T A City Council Michel Pogge, City Planner CASE NO.: 09 -43 REVIEWERS: City Administrator, City Engineer, City Attorney, and Community Development Director BACKGROUND In order to remain in the National Flood Insurance Program (NFIP), the City of Stillwater is required to adopt a revised flood plain ordinance that adopts by reference newly revised Floodplain maps for the City. The maps were recently release by the Federal Emergency Management Agency. DISCUSSION Since mid 2000, the Federal Emergency Management Agency (FEMA) in cooperation with Washington County and the Washington County Conservation District has been working to revise and update the Flood Insurance Rate Maps (FIRMs) for all of Washington County. On November 30, 2007, FEMA released a preliminary set of revised maps. Based on these maps, the City made a number of comments to FEMA and the Minnesota Department of Natural Resources (MnDNR). On August 3, 2009 FEMA issued the Letter of Final Determination with the final version of the flood maps. FEMA addressed many of the concerns originally raised by City Staff and we are satisfied with the new maps. The resulting product is a set of new Digital Flood Insurance Rate Maps (DFIRMs) that are more accurate than their predecessor and now contain aerial photos as part of the printed maps. Additionally, the maps can be used in the City mapping systems. The City has 6 months from August 3, 2009 (or until February 3, 2009) to revise our flood plain ordinance and adopt the maps by reference in our ordinance. Flood Plain Regulations Page 2 How will the new ordinance affect property owners in the City? In developing the new ordinance, the City started with our current ordinance and updated it using the new Statewide Model Floodplain Ordinance. Staff worked with MnDNR staff to address concerns the City had with the Statewide Model Floodplain ordinance that are unique to Stillwater. Working with Staff from the MnDNR portions of the ordinance was amended to address staff's concerns. Overall there are NO substantive changes in the language of the ordinance that will affect individual property owners. It is also worth noting that 95% of the City is outside any high -risk floodplain (known as Special Flood Hazard Areas (SHFA)) and therefore not subject to floodplain regulations. The new FIRMs modified the edges of all of the SHFA boundaries in the City. These boundary changes are more accurate than the current maps and reflect real world conditions. Approximately 67 privately owned properties, mainly in the downtown area, that previously had a SHFA on a portion of their property now have an expanded area of SHFA on their property. What is the National Flood Insurance Program (NFIP) and why is it important to the City? The key benefit to the City with our participation in the National Flood Insurance Program (NFIP) is the City can access enhanced federal disaster benefits when natural disasters occur within the City. One example is the City in the past has received reimbursement from the Federal Government for the cost of constructing temporary flood controls during high water events in the downtown area. Additionally, with our participation in the NFIP, flood insurance is available to all property owners in the City of Stillwater. The City of Stillwater has been a participating community since March 16, 1973 and as of June 30, 2007 the City had 29 property owners that have purchased flood insurance. If the City did not participate in this program these 29 property owners and other property owners in the Community would not be eligible to purchase flood insurance. It is worth noting that ALL property owners in the City can purchase flood insurance, not just those in a flood zone. Flood Plain Regulations Page 3 ALTERNATIVES The City Council has the following options: 1. Approved the first reading of the proposed ordinance amendment. 2. Deny the first reading of the proposed ordinance amendment. 3. Continue the public hearing until the December 15, 2009 City Council meeting. ACTION BY THE PLANNING COMMISSION The City Planning Commission (CPC) held the public hearing on this request at their November 9, 2009 meeting. The CPC voted 9 -0 to recommend City Council approval of the ordinance as presented. STAFF RECOMMENDATION That the City Council approve the first reading of the revised Flood Plain Overlay District ordinance as presented. Attachments: Proposed Flood Plain Overlay District ordinance (Version 4 dated 11/25/2009) New Flood Insurance Rate Maps for the City of Stillwater (8 pages) Letter from the Minnesota Department of Natural Resources November 5, 2009 Mr. Michel Pogge City of Stillwater 216 North Fourth Street Stillwater, Minnesota 55082 Dear Mr. Pogge. Minnesota Department of Natural Resources DNR Central Region Waters, 1200 Warner Road, St. Paul, MN 55106 Telephone: (651) 259 -5845 Fax: (651) 772 -7977 CONDITIONAL STATE APPROVAL OF DRAFT FLOODPLAIN ORDINANCE AND REQUIRED NEXT STEPS The Department of Natural Resources (DNR) received a proposed floodplain management ordinance for the City of Stillwater via e-mail on October 7, 2009 and revisions November 5, 2009. This proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study, Washington County, Minnesota and Incorporated Areas and the accompanying Flood Insurance Rate Map panels with an effective date of February 3, 2010. This ordinance is also being adopted to incorporate floodplain ordinance text revisions mandated by the Federal Emergency Management Agency (FEMA) for communities participating in the National Flood Insurance Program (NFIP). I am pleased to inform you that the above -cited draft floodplain management ordinance is in compliance with Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota, Minnesota Rules, parts 6120.5000 to 6120.6200. Therefore, in accordance with Minnesota Statutes, Chapter 103F, I hereby give conditional state approval of the above -cited draft floodplain management ordinance. To the best of my knowledge, this draft ordinance is also in compliance with the floodplain management standards of the Federal Emergency Management Agency. This approval is valid upon adoption of the draft ordinance by the county and receipt by this office of three (3) certified copies of the adopted ordinance amendments along with the signed and completed "ordinance Certification Checklist" that I have included. We will review the ordinance to make sure it meets the conditions in this letter and forward the documents to Ceil Strauss, the DNR's State NFIP Coordinator in St. Paul. Upon receipt and verification, Ms. Strauss will transmit the adopted ordinance to Ms. Jennifer Scholl at FEMA's Chicago Regional Office. Please remember, FEMA must receive a signed, certified ordinance, and in- effect ordinance no later than February 3, 2010. To allow sufficient time for processing and transmittal, we request that you submit the ordinance to the DNR at least one week prior to the February 3, 2010 effective date. If FEMA has not received the documentation by the effective date, FEMA will suspend the city of Stillwater from the National Flood Insurance Program. www.dnr.state.mn.us AN EQUAL OPPORTUNITY EMPLOYER PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST- CONSUMER WASTE Mr. Michel Pogge November 5, 2009 Page Two Please be advised that any future amendment of this draft ordinance or change in the designation of flood prone areas requires prior approval of the Commissioner. In addition, you are required to send copies of hearing notices and final decisions pertaining to variances, conditional uses, and ordinance amendments to this agency. Please send these notices directly to DNR Waters' Area Hydrologist Molly Shodeen at 1200 Warner Road, St. Paul, MN 55106 (651- 259 - 5802). Please rely on Ms. Shodeen for day -to -day assistance in enforcing this ordinance. The DNR greatly appreciates your community's cooperation and initiative, and in particular your individual effort to meet the deadlines, in providing for the reduction of flood damages through the adoption and administration of this ordinance. Sincerely, DNR WATERS Dale E. Homuth Regional Hydrologist Enclosure (Ordinance Certification Checklist) c: Larry Hanson, City Administrator Ceil Strauss, NFIP Coordinator Molly Shodeen, Area Hydrologist CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF THE STILLWATER CITY COUNCIL DIRECTING THE PUBLICATION OF AN ORDINANCE BY TITLE AND SUMMARY CASE NO. 2009-43 WHEREAS, The Stillwater City Charter at Section 5.03 Subd. F authorized the City Council by 4/5's vote of its members to direct the publication of length ordinance by title and summary if the summary clearly informs the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The title of the ordinance to be published is as follows: AN ORDINANCE AMENDING THE CITY CODE BY CHANGING §31 -010, ENTITLED "DEFINITIONS" AND BY CHANGING §31 -400, ENTITLED "FLOOD PLAIN OVERLAY DISTRICT" 2. A summary of the ordinance is as follows: a. The ordinance adopts by reference new Flood Insurance Rate Maps (FIRM) that were recently approved by the Federal Emergency Management Agency. b. The new FIRMs modified the edges of all of the Special Flood Hazard Areas (SFHA) boundaries in the City. These boundary changes are more accurate than the current maps and reflect real world conditions. Approximately 67 privately owned properties, mainly in the downtown area, that previously had a SFHA on a portion of their property now have an expanded area of SFHA on their property. c. Approximately 95% of the City is outside any SFHA and therefore not subject to flood plain regulations. d. The ordinance also replaces Section 31 -400 of the Stillwater City Code and associated flood plain definitions to conform to the current Statewide Model Flood Plain Ordinance from the Minnesota Department of Natural Resources. e. Overall, there are NO substantive changes in the language of the ordinance that will affect individual property owners over that of the current flood plain ordinance. Page 2 of 2 3. A complete printed copy of the ordinance is available for inspection by any person during the regular office hours at the office of the City Clerk, City Hall, 216 North Fourth Street. 4. A copy of the entire text of the ordinance must be made available in the Stillwater Public Library. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of December, 2009. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. ORDINANCE NO.: AN ORDINANCE AMENDING THE CITY CODE BY CHANGING §31 -010, ENTITLED "DEFINITIONS" AND BY CHANGING §31 -400, ENTITLED "FLOOD PLAIN OVERLAY DISTRICT" A. §31 -010, Definitions is amended by striking 4, 17, 32, 40, 51, 57, 58, 59, 60, 62, 63, 67, 79, 106, 108, 111, 119, 125, 128, 129, 153, 156, 159, 160, and 171 and by adding the following: 4. Accessory Use or Structure when found in Section 31 -400 (Floodplain overlay district) means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 17. Basement when found in Section 31 -400 (Floodplain overlay district) means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 32. Conditional use in Section 31 -400 (Floodplain overlay district) means a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. When found in Section 31 -402 (Shoreland Management overlay district) conditional use means a land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in this chapter exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood. 40. Development when found in Section 31 -522 (Tree and Forest Protection) development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. Major 1 12/7/2009 — Version #5 development means any planned unit development, subdivision and any other development of more than 15 units or larger. 51. Equal Degree of Encroachment means a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 57. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 58. Flood Frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. For the St. Croix River, the flood fringe includes the floodplain area between the ordinary high -water mark of the river and the outer limits of the floodplain. 59. Flood Fringe means that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Washington County, Minnesota and Incorporated Areas. 60. Flood Plain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 62. Flood Proofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 63. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. For the St. Croix River, the floodway is defined as the river or lake area delineated by the ordinary high -water mark. 96.3 Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. 96.8 Manufactured Home, when found in Section 31 -400, means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the team "recreational vehicle." 108. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, 2 12/7/2009 — Version #5 watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 111. Ordinary high -water mark means a mark delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high -water mark is usually the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In Section 31 -400 (Floodplain Overlay District) the ordinary high -water mark is 679.5 feet above mean sea level (AMSL) National Geodetic Vertical Datum (NGVD) of 1929 for the St. Croix River, 851.7 feet AMSL NGVD of 1929 for Lake McKusick, and 844.8 feet AMSL NGVD of 1929 for Lily Lake. In Section 31 -401 (St. Croix River overlay district), for the purpose of measuring setbacks, the ordinary high -water mark is 675.0 feet AMSL NGVD of 1929 for the St. Croix River. 119. Principal Use or Structure means all uses or structures that are not accessory uses or structures. 125. Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 127.5 Recreational Vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self - propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Chapter, the term recreational vehicle shall be synonymous with the term travel trailer /travel vehicle. 128. Regional Flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 129. Regulatory Flood Protection Elevation means the regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 156. Structure means anything constructed or erected by humans except for fences or walls or decks 18 inches or less in height. In Section 31 -400 (Floodplain overlay district) 3 12/7/2009 — Version #5 structure means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 31 -400 Subd. 9(c)(1) of this Chapter and other similar items. In Section 31 -401 (St. Croix River overlay district) structure means any building or appurtenance thereto, including garages, decks, docks and stairways, except transmission services. In Section 31 -402 (Shoreland Management overlay district) structure means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower, poles and other supporting facilities. In Section 31 -526 (Restrictive Soils), structure means any building that may provide shelter for any person, animal or item of property. In Section 31 -522 (Tree and Forest Protection) structure means anything manufactured, constructed or erected that is normally attached to or positioned on land, including portable or temporary structures. 159. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 160. Substantial Improvement means within any consecutive 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This teiiu includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Section 31 -400 of this Chapter, "historic structure" shall be: 1. As defined in 44 Code of Federal Regulations, Part 59.1. or 2. Locally designated as an individual property or as a contributing element of a historic district by the City Council through the process established by the Stillwater Heritage Preservation ordinance. The Stillwater Heritage Preservation Commission was certified by the State Historic Preservation Office and the Department of Interior on January 29, 1988. 171. Variance when found in Section 31 -400 (Floodplain overlay district) means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property 4 12/7/2009 Version #5 for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. In Section 31 -401 (St. Croix River overlay district) variance means any modification or variation of the dimensional standards, or other requirements of the St. Croix River overlay district where it is determined that, because of hardships, strict enforcement of the dimensional standards or other requirements is impractical. B. §31 -400, Floodplain overlay district is struck in it entirety and replaced the following: SEC. 31 -400. FLOODPLAIN OVERLAY DISTRICT Floodplain control in the Floodplain overlay district shall be affected as follows: Subd. 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE (a) Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Stillwater, Minnesota does ordain as follows: (b) Findings of Fact: (1) The flood hazard areas of the City of Stillwater, Minnesota are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) Methods Used to Analyze Flood Hazards. This Section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. (3) National Flood Insurance Program Compliance. This Section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (c) Statement of Purpose: It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize those losses described in Subd. 1(b)(1) by provisions contained herein. Subd. 2. GENERAL PROVISIONS (a) Lands to Which Section 31 -400 Applies: This Section shall apply to all lands within the jurisdiction of the City of Stillwater, Minnesota shown on the Official Zoning Map 5 12/7/2009 — Version #5 and /or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. (b) Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this Section. The attached material shall include the Flood Insurance Study for Washington County, Minnesota and Incorporated Areas and Flood Insurance Rate Map Panels therein numbered 27163CO253E, 27163CO254E, 27163CO258E, 27163CO261E, 27163CO262E, and 27163CO266E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the City Clerk and the Community Development Department. (c) Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. (d) Interpretation: (e) (1) In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (2) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a fonual appeal of the decision of the Community Development Director, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. Abrogation and Greater Restrictions: It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. (f) Warning and Disclaimer of Liability: This Section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City of Stillwater or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. 6 12/7/2009 -- Version #5 (g) Severability: If any part, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby. (h) Definitions: Unless specifically defined in the Sec. 31 -101 Definitions, words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application. (i) Annexations: The Flood Insurance Rate Map panels adopted by reference into Subd. 2(b) above may include floodplain areas that lie outside of the corporate boundaries of the City of Stillwater at the time of adoption of this Section. If any of these floodplain land areas are annexed into the City of Stillwater after the date of adoption of this Section, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the City of Stillwater. Subd. 3. ESTABLISHMENT OF ZONING DISTRICTS (a) Districts: • - (1) = Floodway. District. For lakes, the Floodway District shall include those areas designated as Zone AE and Zone A on the Flood Insurance Rate Map panels adopted in Subd.2(b) that are below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14 and listed in City Code Section 31 -101 #.111. For other areas, the Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Subd.2(b). (2) Flood Fringe District. For lakes, the Flood Fringe District shall include those areas designated as Zone AE and Zone A on the Flood Insurance Rate Map panels adopted in Subd.2(b) that are below the 100 -year flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14 and listed in City Code Section 31 -101 #111. For other areas, the Flood Fringe District shall include those areas designated as floodway fringe and shall include those areas shown on the Flood Insurance Rate Map as adopted in Subd.2(b) as being within Zones AE but being located outside of the floodway. (3) General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A or Zones AE without a floodway on the Flood Insurance Rate Map adopted in Subd.2(b), which are not subject to criteria mentioned in Subd.3(a)1 and Subd.3(a)2 above. (b) Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Subd. 4, 5, and 7 12/7/2009 — Version #5 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Section and specifically Subd. 9. (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Section and specifically Subd. 11. (3) As -built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Section and specifically as stated in Subd. 10 of this Section. Subd. 4. FLOODWAY DISTRICT (FW) (a) Permitted Uses: (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Parking areas. (3) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, and fishing areas, and single or multiple purpose recreational trails: (4) Residential lawns, gardens, parking areas, and play areas. (b) Standards for Floodway Permitted Uses: (1) The use shall have a low flood damage potential. (2) The use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district. (3) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. (c) Conditional Uses: (1) Structures accessory to the uses listed in Subd. 4(a) and the uses listed in Subd. 4(c)(2) -(8). 8 12/7/2009 — Version #5 (2) Extraction of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. (4) Railroads, streets, bridges, utility transmission lines, and pipelines. (5) Storage yards for equipment, machinery, or materials. (6) Placement of fill or construction of fences. (7) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Subd. 9(c) of this Section. (8) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the .10 -year frequency flood event. (d) Standards for Floodway Conditional Uses: (1) All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) All floodway conditional uses shall be subject to the procedures and standards contained in Subd. 10(d) of this Section. (3) The conditional use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district. (4) Fill: Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. ii. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long -term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. iii. As an alternative, and consistent with Subd. 4(d)(4)ii immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site 12/7/2009 — Version #5 storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use petntit must be title registered with the property in the Office of the County Recorder. (5) Accessory Structures: i. Accessory structures shall not be designed for human habitation. ii. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. iii. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided . the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (6) Storage of Materials and Equipment: - 10 - 12/7/2009 - Version #5 The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. ii. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. (7) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (8) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. Subd. 5. FLOOD FRINGE DISTRICT (FF) (a) Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). All permitted uses shall comply with the standards for Flood Fringe District "Permitted Uses" listed in Subd. 5(b) and the "Standards for all Flood Fringe Uses" listed in Subd. 5(e). (b) Standards for Flood Fringe Permitted Uses: (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Subd. 4(d)(5)iii. (3) The cumulative placement of fill where at any one time in excess of one - thousand (1,000) cubic yards of fill is located on the parcel or development site, whichever is larger, shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Subd.5(b)(1) of this section. (4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. (5) The provisions of Subd. 5(e) of this Section shall apply. - 11 - 12/7/2009 — Version #5 (c) Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Subd. 5(b)(1) -(2) and or any use of land that does not comply with the standards in Subd. 5(b)(3) -(4) shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Subd. 5(d) -(e) and Subd. 10(d) of this Section. (d) Standards for Flood Fringe Conditional Uses: (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: Design and Certification -.The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. ii. Specific Standards for Above - grade, Enclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: a. A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and b. That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. - 12 - 12/7/2009 — Version #5 (2) Basements, as defined by Section 31 -101 #17, shall be subject to the following: i. Residential basement construction shall not be allowed below the regulatory flood protection elevation, except as authorized in Subd. 5(d)(7) of this Section. (3) ii. Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Subd. 5(d)(3) of this Section, except as authorized in Subd. 5(d)(7) of this Section. Except as authorized in Subd. 5(d)(7) of this Section, all areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted, except as authorized in Subd. 5(d)(7) of this Section. (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of Materials and Equipment: i. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. ii. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City. (6) The provisions of Subd. 5(e) of this Section shall also apply. (7) When the Federal Emergency Management Agency has issued a letter of map revision/fill for vacant parcels of land elevated by fill to the 100 -year flood elevation, - 13 - 12/7/2009 Version #5 the area elevated by fill remains subject to the provisions of this Section 31 -400. A structure may be placed on the area elevated by fill with the lowest floor below the regulatory flood protection elevation provided the structure meets the provisions of i. and ii. below: i. No floor level or portion of a structure that is below the regulatory flood protection elevation may be used as habitable space or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters. Habitable space (room) is defined as any space in a structure used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space. ii. For residential and non residential structures the basement floor may be placed below the Regulatory Flood Protection Elevation, provided: a. The top of the immediate floor above any basement area is placed at or above the Regulatory Flood Protection Elevation, and b. Any area of the structure placed below the Regulatory Flood Protection Elevation shall meet the "Reasonably Safe From Flooding" standards in the Federal Emergency Management Agency's (FEMA) publication entitled "Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" Technical Bulletin 10 -01 a copy of which is hereby adopted by reference and made a part of this Section 31 -400, In accordance with the provisions of this Section 31 -400, the applicant must submit documentation that the structure is designed and built in accordance with either the "Simplified Approach" or "Engineered Basement Option" found in the above -cited FEMA publication. c. If the ground surrounding the lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below the regulatory flood protection elevation must be flood - proofed consistent with any of the FP -1 through FP- 4 flood - proofing classifications found in the State Building Code. (e) Standards for All Flood Fringe Uses: (1) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. - 14 - 12/7/2009 — Version #5 (2) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with noinual plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subd. 5(e)(2) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (6) Standards for recreational vehicles are contained in Subd. 9(c). (7) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. Subd. 6. GENERAL FLOOD PLAIN DISTRICT (a) Permissible Uses: (1) The uses listed in Subd. 4(a) of this Section shall be permitted uses. (2) All other uses shall be subject to the floodway /flood fringe evaluation criteria pursuant to Subd. 6(b) below. Subd. 4 shall apply if the proposed use is in the - 15 - 12/7/2009 Version #5 Floodway District and Subd. 5 shall apply if the proposed use is in the Flood Fringe District. (b) Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. (1) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Community Development Director for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. i. A typical valley cross - section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross - sectional areas to be occupied by the proposed development, and high water information. ii. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. iii. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. iv. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: i. Estimate the peak discharge of the regional flood. ii. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. iii. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood - 16 - 12/7/2009 - Version #5 damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (3) The Community Development Director shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and /or Flood Fringe District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the Community Development Director who shall process the permit application consistent with the applicable provisions of Subd. 4 and 5 of this Section. Subd. 7. SUBDIVISIONS (a) Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. (b) Floodway/Flood Fringe Detettninations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Subd. 6(b) of this Section to determine the 100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (c) Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Subd. 8. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES - 17 - 12/7/2009 — Version #5 (a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. (b) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Subd. 4 and 5 of this Section. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On -site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this Section. Subd. 9. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES. (a) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Subd. 7 of this Section. (b) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Subd. 5 of this Section. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with Subd. 5(e)(1), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City. (1) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (c) Recreational vehicles that do not meet the exemption criteria specified in Subd. 9(c)(1) below shall be subject to the provisions of this Section and as specifically spelled out in Subd. 9(c)(3) -(4) below. - 18 - 12/7/2009 — Version #5 (1) Exemption - Recreational vehicles are exempt from the provisions of this Section if they are placed in any of the areas listed in Subd. 9(c)(2) below and further they meet the following criteria: i. Have current licenses required for highway use. ii. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. iii. The recreational vehicle and associated use must be peiniissible in any pre- existing, underlying zoning use district. (2) Areas Exempted For Placement of Recreational Vehicles: i. Individual lots or parcels of record. ii. Existing commercial recreational vehicle parks or campgrounds. iii. Existing condominium type associations. (3) Recreational vehicles exempted in Subd. 9(c)(1) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Subd. 4 and 5 of this Section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (4) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Subd. 5(e)(1) of this Section. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100 -year or regional flood. ii. All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subd. 10(d) of the Section. The - 19 - 12/7/2009 — Version #5 applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subd. 9(c)(1)i and ii of this Section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Subd. 8(c) of this Section. Subd. 10. ADMINISTRATION (a) Community Development Director: The Community Development Director or his or her designee shall administer and enforce this section. If the Community Development Director finds a violation of the provisions of this Section the Community Development Director shall notify the person responsible for such violation in accordance with the procedures stated in Subd. 12 of the Section. (b) Permit Requirements: (1) Permit Required. A Permit issued by the Community Development Director in conformity with the provisions of this Section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on- site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (2) Application for Permit. Application for a permit shall be made in duplicate to the Community Development Director on forms furnished by the Community Development Director and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (3) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Community Development Director shall determine that the applicant has obtained all necessary state and federal permits. (4) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Community Development Director stating that the use of the building or land confoinis to the requirements of this Section. - 20 - 12/7/2009 — Version #5 (5) Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Section, and punishable as provided by Subd. 12 of this Section. (6) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (7) Record of First Floor Elevation. The Community Development Director shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Community Development Director shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. (8) Notifications for Watercourse Alterations. The Community Development Director shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (9) Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Community Development Director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. (c) Board of Adjustment: (1) City Council. The City Council is the Board of Adjustment for Section 31 -400. (2) Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Community Development Director in the enforcement or administration of this Section. - 21 - 12/7/2009 Version #5 (3) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the enabling legislation for planning and zoning for cities. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Section, any other zoning regulations in the Community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: i. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. ii. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a deteunination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iii. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Community Development Director, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (5) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this Section, reverse or affinni, wholly or in part, or modify the order, requirement, decision or determination of the Community Development Director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Subd. 10(d)(6), which are in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Section punishable under Subd. 12. A copy of all decisions granting - 22 - 12/7/2009 — Version #5 variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (6) Appeals. Appeals from any decision of the Board of Adjustment may be made, as specified in the City of Stillwater's office controls and also by Minnesota Statutes. (7) Flood Insurance Notice and Record Keeping. The Community Development Director shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (d) Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Section. Applications shall be submitted to the Community Development Director who shall forward the application to City Council for consideration. (1) Hearings. Upon filing with the City Council an application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (2) Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subd. 10(d)(6), which are in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Section punishable under Subd. 12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (3) Procedures to be followed by the City Council in Passing on Conditional Use Permit Applications Within all Flood Plain Districts. i. Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: a. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of - 23 - 12/7/2009 Version #5 materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and b. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. ii. Transmit one copy of the information described in Subd. 10(d)(3)i to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. iii. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (4) Factors Upon Which the Decision of the City Council Shall Be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this Section, and: i. The danger to life and property due to increased flood heights or velocities caused by encroachments. ii. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. iii. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. iv. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. v. The importance of the services provided by the proposed facility to the community. vi. The requirements of the facility for a waterfront location. vii. The availability of alternative locations not subject to flooding for the proposed use. viii. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. ix. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. - 24 - 12/7/2009 -- Version #5 x. The safety of access to the property in times of flood for ordinary and emergency vehicles. xi. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. xii. Such other factors which are relevant to the purposes of this Section. (5) Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Subd. 10(d)(3) of this Section. The City Council shall render a written decision within 60 days from the receipt of such additional information. (6) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Section, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the .purposes of this Section. Such conditions may include, but are not limited to, the following: i. Modification of waste treatment and water supply facilities. ii. Limitations on period of use, occupancy, and operation. iii. Imposition of operational controls, sureties, and deed restrictions. iv. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. v. Flood proofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Subd. 11. NONCONFORMING USES (a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in confoimity with the provisions of this Section may be continued subject to the following conditions. Historic structures, as defined in Section 31 -101 #160(b), shall be subject to the provisions of Subd. 11(a)(1)- (5) of this Section. (1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. - 25 - 12/7/2009 — Version #5 (2) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd. 11(a)(3) and 11(a)(6) of this Section. (3) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Subd. 4 or 5 of this Section for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (4) If any nonconfoiniing use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Section. The Assessor shall notify the Community Development Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. (5) If any nonconforming use or structure is substantially damaged, as defined in Section 31 -101 #159, it shall not be reconstructed except in conformity with the provisions of this Section. The applicable provisions for establishing new uses or new structures in Subd. 4, 5, or 6 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. (6) If a substantial improvement occurs, as defined in Section 31 -101 #160, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Subd. 4 or 5 of this Section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. Subd. 12. PENALTIES FOR VIOLATION (a) Violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. - 26 - 12/7/2009 — Version #5 (b) Nothing herein contained shall prevent the City of Stillwater from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected violations of this Section, the Community Development Director and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct violations of this Section to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an violation of this Section is either discovered by or brought to the attention of the Community Development Director, the Community Development Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Community Development Director shall notify the suspected party of the requirements of this Section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development, the Community Development Director may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Community Development Director may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after - the -fact permit /development approval within a specified period of time not to exceed 30 -days. (4) If the responsible party does not appropriately respond to the Community Development Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The Community Development Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Section. Subd.13. AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of - 27 - 12/7/2009 — Version #5 Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 -days written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the Section amendment or technical study under consideration. - 28 - 12/7/2009 - Version #5 2. Saving. In all other ways, the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 20 . ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor (SEAL) - 29 - 12/7/2009 - Version #5 COMPLAINT CURRENT PROCESS Long grass The CSO sends a letter giving 48 hours to correct. If not cut, the city clean up contractor is notified. Cost of the mowing is invoiced to the landowner. This can get expensive for the property owner. Junked vehicles Complaint goes to CSO who investigates. If vehicle is not licensed, or is inoperable, CSO gives written notice to remove or store indoors. Outside storage If this storage is a landowner or tenant's own possessions, and it is not a junked vehicle, then there is no ordinance to enforce. Trash yards The CSO sends a letter giving 48 hours to correct. If not cleaned up, the city clean up contractor is notified. Cost of the work is invoiced to the landowner. This can get expensive for the property owner. Unshoveled sidewalks (residential, commercial, institutional) Currently not enforced, but ordinance in place so City could use clean up contractor to shovel snow after a 48 hour notice is given. If not shoveled, the contractor's cost would be billed to landowner. BACKGROUND COMMON COMPLAINTS DATE: December 8, 2009 TO: City Council TOPIC: Common Complaints and their Enforcement FROM: City Staff Over the course of this last year there have been discussions by the Council and Heritage Preservation Commission about increased enforcement of nuisance types of complaints. At the last City Council meeting there was general discussion about costs associated with a rental housing program or a property maintenance program. Given the current revenue situation, there was a consensus that this is not the time to incur the costs of such programs. However, there was interest in looking into no cost, or low cost ways to increase or improve civil code enforcement of nuisance issues. So, the Council directed staff to look into such options. To understand a bit more clearly what could be improved with the available resources, it may be helpful to know what the most common complaints are and how they are currently handled. Could they be handled more efficiently in order to clear backlogs? If a life /safety issue arises, it is resolved pro- actively as quickly as is necessary. THOUGHTS FOR IMPROVEMENT bt • Public outreach: In the utility billings the City could include information on the items that are commonly a source of irritation to neighbors. Perhaps this includes a gracious reminder of what City code says as well as common sense solutions to the problem. • Eyes on the streets: As police officers, building inspectors and public works employees go about their daily business, they will keep an eye out for the common complaints. As they are spotted, the potential problem will be passed on to the CSO. This will help identify the obvious offenders, as well as patterns. However, the CSO that handles complaints only works 18 hours a week, the list of potential problem properties will likely grow longer than can be handled in a timely fashion. Enforcement cannot be selective; so, if not by complaint, then it needs to cover everyone, including Main Street, churches, schools, residents, etc. This can get expensive for the property owner. Residential trash cans Complaint goes to CSO who investigates. If a code violation, then a notice is given to the owner letting them know how to legally store the trash can. Commercial trash If a health issue is present, CSO would give notice to clean it up. If not a health issue, then there is no current program. Graffiti Complaint goes to City Planner, who provides solvents for removal by the owner. Disorderly houses (loud parties, etc.) Police respond as time and priorities permit. If a life /safety issue arises, it is resolved pro- actively as quickly as is necessary. THOUGHTS FOR IMPROVEMENT bt • Public outreach: In the utility billings the City could include information on the items that are commonly a source of irritation to neighbors. Perhaps this includes a gracious reminder of what City code says as well as common sense solutions to the problem. • Eyes on the streets: As police officers, building inspectors and public works employees go about their daily business, they will keep an eye out for the common complaints. As they are spotted, the potential problem will be passed on to the CSO. This will help identify the obvious offenders, as well as patterns. However, the CSO that handles complaints only works 18 hours a week, the list of potential problem properties will likely grow longer than can be handled in a timely fashion. Memo DATE: December 8, 2009 TO: ACTION REQUIRED Mayor and City Council FROM: Sharon Harrison Finance Director RE: 2010 Final Tax Levy and 2010 Final Budget Included in your packet are the resolutions adopting the final budget and the final tax levy for the budget year 2010. There are no changes to the final budgets or to the tax levy that were presented at the Truth -in- Taxation hearing at the December 1, 2009 meeting. Staff requests that Council to consider and adopt the Final Tax Levy and the Final Budget for the year 2010. RESOLUTION 2009- ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2010 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $10,110,190 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota collectible in 2010 for the following purposes: FUND # Current Required Lew AMOUNT GENERAL TAX LEVY: 100 General Tax Levy $ 6,479,727 SPECIAL LEVIES: DEBT SERVICE TAX LEVY: 304 G.O. Capital Outlay 2004B 111,352 305 G.O. Capital Outlay 2005A 224,621 307 G.O. Capital Outlay 2007A 196,317 308 G.O. Capital Outlay 2008A 215,001 309 G.O. Capital Outlay 2009A 213,334 315 G.O. Capital Outlay 2005B 271,606 316 G.O. Capital Outlay 2006A 578,568 319 G.O. Capital Outlay 2009B 141,540 320 G.O. Capital Outlay 2003A 200,563 329 G.O. Capital Outlay 2009D 764,229 340 G.O. Improvement Bonds 2004A 300,920 385 G.O. Sports Center 2005C 167,107 Total Debt Service Tax Levy $ 3,385,158 PERA EMPLOYER CONTRIBUTION RATE INCREASE: 100 Special Levy $ 163,351 2008 AND 2009 UNALLOTTED AIDS AND CREDITS 100 Special Levy $ 81,954 TOTAL 2010 PROPOSED TAX LEVY $ 10,110,190 CANCEL DEBT SERVICE LEVIES FOR: 303 G.O. Capital Outlay 2003HS 389 G.O. Sport Facility Revenue 2009C Adopted by the Council this 15 day of December 2009. ATTEST Diane F. Ward, City Clerk $ 21,630 174,169 Michael Polehna, Vice Mayor RESOLUTION 2009- ADOPTING THE FINAL BUDGET FOR THE YEAR 2010 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget for the year 2010 with revenues and expenditures in the amounts for the following funds: General Fund Special Events Fund St Croix Valley Recreation Center Fund Library Fund Parks Fund Washington County Recycling Grant Fund DARE Fund Total Adopted by the Council this 15 day of December 2009. ATTEST: Diane F. Ward, City Clerk Revenues $ 9,817,443 98,300 1,554,200 1,192, 776 857,772 34,050 500 $ 13,555,041 Michael Polehna, Vice Mayor Expenditures $ 9,817,443 98,300 1,554,200 1,192, 776 857,772 34,050 1,500 $ 13,556,041 STAFF REQUEST ITEM Department: Fire Date: December 15, 2009 DESCRIPTION OF REQUEST (Briefly outline what the request is) The Stillwater Fire Department has received a grant from the Metropolitan Emergency Services Board in the amount of $16,031.46 to purchase VHF /800 Mhz interoperable radio equipment. This equipment is vital to communicate with our mutual aid partners in Wisconsin and other agencies not compatible with Washington County's new 800 Mhz radio system. The request is to authorize the City's intent to accept the funds and enter into the sub -grant agreement to purchase the equipment and accessories required per the grant award. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The funds for this purchase are being provided through a grant award received from the Metropolitan Emergency Services Board. No cost to the City. Andersen Corporate Foundation Grant Award $16,031.46 Total $16,031.46 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: December 15, 2009 $ERj December 7, 2009 Chief Stuart Glaser Stillwater Fire Department 216 North Fourth Street Stillwater, MN 55082 Dear Chief Glaser: The Metropolitan Emergency Services Board is pleased to inform you that your agency has received an allocation from the 2008 SHSP grant funds. Your allocation is $16,031.46. This allocation is based on your September 28, 2009 request of six APX 7000 portable radios for the Fire Department. The total request was for $33,361.50. There is no local match required for these grant funds. Purchases must be made by March 31, 2011. Reimbursements requests must be submitted to the MESB no later than April 15, 2011. Please notify Jill Rohret, Regional Radio Services Coordinator, of your intent to accept the grant funds. Once Jill receives notice of your intent to accept the funds, she will send a sub -grant agreement which must be executed prior to any financial transactions. Jill may be reached at jrohret @mn- mesb.org or (651) 643 -8394. Congratulations and we look forward to working with you throughout this grant process. Sincerely, Kathleen A. Gaylord Chair, Metropolitan Emergency Services Board Dakota County Commissioner METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SUITE 201 SAINT PAUL, MINNESOTA 55104-3431 PHONE t51-643-8395 FAX 651 -603 -0101 WWW. MN- MESB.ORG MEMBERS: ANOKA • CARVER • CHISAGO • DAKOTA • HENNEPIN • RAMSEY • SCOTT • WASHINGTON • CITY OF MINNEAPOLIS BACKGROUND SPECIFIC REQUEST DATE: December 11, 2009 TO: City Council REQUEST: Approval of Addendum to Parking Ramp Development Agreement COUNCIL MTG: December 15, 2009 REVIEWED BY: Larry Hansen, City Administrator Dave Magnuson, City Attorney REPORT BY: Bill Turnblad, Community Development Director The land upon which the city parking ramp is located was formerly owned by three separate entities: the City, the Lowell Inn and Trinity Lutheran Church. Now the City owns all of the land. The terms of the land sales were memorialized in a Development Agreement. The Development Agreement includes two items that need to be addressed now that the ramp project is nearing completion. The first item is that the ramp costs necessary to accommodate the Lowell Inn Annex were estimated; now actual costs are known. Secondly, the value of the Lowell Inn property was previously only a County Assessor's estimate, now an actual appraisal is available. Therefore, an addendum to the Development Agreement has been drafted to reflect both the actual Lowell Inn ramp improvement costs, as well as a more realistic value for the former Lowell Inn property. Approve Addendum No. 1 to the Parking Ramp Development Agreement (see attachment). COMMENTS ON REQUEST The original Development Agreement includes the following verbatim language found in §2.1.8(g): Parking Ramp Dev Agreement Addendum 1 December 11, 2009 (g) Establishment of Rates. The City reserves the right to establish reasonable and non - discriminatory rates that will regulate the public use of the Parking property at times other than the times set forth in paragraph (h). The rate structure may include different rates for users by the hour, day, week or month, or a rate based upon volume of use, provided that the rates are customary and reasonable. (i) The formula for Lowell Inn rates will allow for the amortization of a credit against the Lowell Inn rates in the amount of value of the Lowell Inn Parking Parcel, less one fourth of the value of the Conference Room Space, provided that the Conference Room Space is reconveyed to the Lowell Inn by the City and less the value of the costs incurred by the City to accommodate the Lowell Inn connection if the costs would not have been incurred by the City but for the connection. (ii) The value that will be used to establish the credit will be the value of the Lowell Inn Parking Parcel as maintained on the records of the Washington County Assessor as of May 1st, 2008, which the parties agree is $14.50 per sq. foot. The parties also agree that the Lowell Inn Parking Parcel is 14,100 sq. feet and the square footage of the Conference Room Space is 3,764 sq. feet. The value of City costs incurred to accommodate the Lowell Inn will be determined at the completion of construction and by agreement of the parties will not exceed $18,000.00. The intent of these provisions was that the Lowell Inn would pay standard rates for parking passes. And the City would not pay for the Lowell Inn land in cash. Rather, the City would give the Lowell Inn a credit in the amount of the value of the land. And, parking passes would be paid from that credit until it ran out. Now that the project is nearly complete, staff makes the following observations: 1) Value of Lowell Inn property a) The original Development Agreement used the County Assessor's estimated value of the land as of May 1, 2008, which equaled $190,805.50. b) A June 12, 2008 appraisal by Ray Kirchner set the value of the Lowell Inn property at $368,642.59. c) Staff suggests splitting the difference between the County Assessor's estimate and the Appraiser's report, which would set the value of the Lowell Inn land at $279,724.05. 2) Cost of Ramp Improvements a) The original Development Agreement capped the cost of ramp improvements that could be charged to the Lowell Inn at $18,000. b) Actual costs of improvements (soft and hard costs) to accommodate the Lowell Inn Annex are $171,246.67. c) Staff suggests that 100% of these costs should be the Lowell Inn's responsibility. Parking Ramp Dev Agreement Addendum 1 December 11, 2009 ALTERNATIVES The City Council has several alternatives. A. Denial - The City Council could choose not to approve the Addendum. That would leave the value of the Lowell Inn land at $190,805.50 and the Lowell Inn would only be responsible for $18,000 worth of ramp costs. The net effect would be: 1) the Lowell Inn would receive a parking credit of 36.8 years (at today's parking permit rates); and 2) the City would have to cover the additional ramp costs of $153,246.67. B. Approval - The City Council could approve the Addendum. That would split the land value difference and set it at $279,724.05. It would also assign $171,246.67 worth of ramp costs to the Lowell Inn. The net effect would be: 1) the Lowell Inn would receive a parking credit of 23.1 years (at today's parking rates); and 2) the City would not have to cover any of the ramp costs associated with accommodating the Lowell Inn Annex. C. Table - The City Council could table the matter until its next Council meeting. STAFF RECOMMENDATION Staff recommends Alternative B. attachment: Addendum No. 1 ADDENDUM NO 1 TO DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER AND TRINITY LUTHERAN CHURCH AND 102 SECOND, LLC This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651 -439 -9464 telephone 651 -439 -5641 fax 12/09/09 ADDENDUM NO 1 TO DEVELOPMENT CONTRACT THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082; and TRINITY LUTHERAN CHURCH, a Minnesota non - profit corporation, having its principal offices at 115 North 4th Street, Stillwater, Minnesota 55082 ( "Trinity "); and 102 SECOND, LLC, a Minnesota limited liability company, having its principal offices at 102 North Second Street, Stillwater, Minnesota 55082 ( "Lowell Inn ") are parties to a Development Agreement, dated June 12, 2008 (the "Agreement "), made for the purpose of developing a vacant and underdeveloped parcels of land in the vicinity of the Lowell Inn as a municipal parking ramp (the "Project "). 1. INTRODUCTION. It is the purpose of this Addendum to refine and restate sections of the Agreement relating to the value of land conveyed to the City from the Lowell Inn for construction of the Project; the value of land reconveyed by the City to the Lowell Inn for the construction of the Lowell Inn's conference room space; and the value of costs incurred by the City during the design and construction of the Project that were incurred by the City to accommodate adjacent Lowell Inn improvements. 2. COSTS. Now that the Project is nearing completion, estimates of costs in the Agreement can be determined based upon actual costs, and real estate values based upon County Assessment records can be determined based upon appraisals done for the Project. 3. Therefore, Section 2.1.8(g)(ii) of the Agreement is amended and restated to hereafter read as follows: "(ii) The value that will be used to establish the credit will be the difference between the value of the Lowell Inn Parking Parcel as maintained on the records of the Washington County Assessor as of May 1st, 2008, and the value of the appraisal of R.E. Kirchner and Associates dated June 12, 2008, minus the value of the conference room space as defined in §2.1.8(g)(i) for a total net value of $279,724.05 ( "Final Value "). The value of costs incurred to accommodate the Lowell Inn as determined by the completion of construction is $171,246.67." 4. SAVING. In all other ways, the Development Agreement will remain in force and effect except as expressly modified in this Addendum and for the purposes of this Addendum is restated as if set forth verbatim IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of , 2009. STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER ATTEST: Ken Harycki, Mayor Diane F. Ward, Clerk On this day of , 2009, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public TRINITY LUTHERAN CHURCH, a Minnesota non - profit corporation By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss 102 SECOND, LLC, a Minnesota limited liability company By: Richard J. Anderson Its: President On this day of , 2009, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public The foregoing instrument was acknowledged before me this day of , 2009, by , the , duly authorized agent for TRINITY LUTHERAN CHURCH, a Minnesota non - profit corporation. Notary Public STATE OF MINNESOTA COUNTY OF WASHINGTON This Instrument Drafted By: David T. Magnuson ( #66400) Magnuson Law Finn 333 North Main Street, Suite 202 Stillwater, MN 55082 651 -439 -9464 main 651-439 -5641 fax ) ) ss ) The foregoing instrument was acknowledged before me this day of , 2009, by Richard J. Anderson, the President, duly authorized agent for 102 SECOND, LLC, a Minnesota limited liability company. Notary Public Memorandum Date: December 11, 2009 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Downtown Warning Siren Attached is a quote /memorandum from Nelcom Corporation regarding an outdoor warning siren downtown. The siren quoted is an 'omni- directional' siren, meaning that the sound is dispersed in all directions at the same time. The other warning sirens in the City have a rotating head, and cover more distance, but the omni - directional siren would maintain full output in all directions. This siren would also have a battery back -up. The siren would be located centrally downtown in Lowell Park. The cost of the proposed siren would be $17,802.12, which would include everything except for utility /electrical charges and permits. .••M R;= Communications & Siren System Experts 24234 Chesley Trall, Hampton, MN 55031 651 - 463 -8111 ph. 651-460-6686 fax NELCOM Corporation Stillwater Police Department Chief John Gannaway 216 North 4 Street Stillwater, MN 55082 Re: Downtown Park and Waterfront - Outdoor Warning Siren Dear Chief Gannaway, In 2006 we looked at a downtown area with Chief Dauffenbach, and quoted a new siren in the downtown park and water front area to the city's existing public warning siren system. Since then the siren cost has actually decreased. The new siren would be slightly different from the existing sirens throughout the city. The new siren is an omni - directional model which does not have a rotating siren head on top of the pole. Sound is dispersed in all directions at the same time. While this results in the siren covering less distance than the rotating sirens, the benefit is that siren sound level maintains full output in all directions at the same time. The siren would continue to be activated by radio and employ batteries to run the siren even if commercial power is interrupted. Since the City is looking to reinforce existing siren coverage in the downtown area, the omni- directional is the better choice given the area and population density. The cost to install the new siren, including the batteries, controls, contactors, utility pole and weatherproof cabinets, as well as installation is $17,802.12 and includes... Material: Dual steel weatherproof cabinets, individual chargers, computer controller, electrical conduit, fuses, copper cables, lugs, ground wiring, fittings, lags, straps, crimps, mounting hardware and deep cycle batteries. Labor: Digging and installing 50 -2 utility pole. Mounting of control cabinets, antennas and radio receiver / decoder onto the Class 2 pole. Install metal conduit and flex cable as appropriate between various motors, contactors, controls, overhead electrical disconnect. File affidavit for electrical inspection. Includes bucket truck and crane costs. This does not include electrical company charges or fees, underground electrical work, or any permit or construction fees except for the electrical inspection. Thank you for the opportunity to continue serving Stillwater's Public Warning System. Sincerely, Steven L. Nelson President November 10, 2009 4 /t/m/-e ',Li rI te.k it 4t T1LL. C Le IVA Gpril A,12 it-t‘kvi 5 rtz.certe.fr7 t F411 "Z 1( , k etc f Eir2,1 4 fk4141 550g PA 14 IJ 2,1 z.55' & v4r 41e, » .5 . 5 r- A ? 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I Closed were based upon tbe .But now her family, inelud- amount of use qiey got ikt ing two children, ages 7 and how far residents would ha -re" . 11,. wal have to bop in their towalk to gettb another rblt. . car it they want to altat..4, The Each of the rinks that. Wel* Oe of ice they'd enjoyed closed has anOther rink with - no longer exist " in 3/4 of a mile: . ;'"We understand they have Thnnisioux Park, in the • 0 Wake cuts," STaranson said north end of the cit3, near Burnsville city Hall "We Black Dog Lake, had two wish they had asked for Statt6d pleas-nre-skatbag troni the entire coninni rinks that will be closed. A deteriorating warming bonne son said letters were at -the pask will no longer Sad out as the:city sought to require replaeement, saying close 1.3 Of its a pleasure- the city another $22,000. skating rinks, but only to the Resident Sue Kittares, areas surrounding the rinks • Ryes near Teurdslota, said that Viereto close. She thinks those rinks were Often Mt - them might have been other esPechabo. on weekends, She -rinks that were used less and her children, ages 10 and than the one she and bet kids - 7, were among the regular: used a few times a Week skaters. Ste and a few other "They should have sent let; nelghbors fought the do- ter% to everyone, to see who sures, but. she said they are •Waited it the most,' Swanson now resigned tolbe e•hange. said She and her neighbors . Pats commis 434.: skiassed OS signatures on a gested that if neighboil Ofa petition to keep their -rink rink really wanted Ete.keep,it oostho .v,e4tatt11..ator ,,,-pelt)114.e41940.•e010.10 0004;41861.14 $3.5 million in cuts to the name: It wOultTa'nowi city's butIg0 an will save about 10,500 a rink about ON"- ..srdd etry . aid& 'Me' city *ITO Sat* dikietor of parks, pay overthne -to!' m recreation .and natural them, he said, since th Th, savings department cut a po(tition. 40ffit • tenoce worker thing were going. overtime - for becansethatti 4rtelt. are 1401% • i! 04. Jesiko , . • j ; ,1., . \04: • • s. • • �: ,m ©Q'G 0du, ry IA-›. it Z " 0 "' .e„'..r} F/S f0N r+. w w v:r3 n Di. ors ff. �} tal wact {Q B. ' `r fD p. " � = a, O. � n 0+� . j Q Q p w h. 7.7 y O - C' .: .+rt.. - C ' =. 145,.. — 0 G .n - „ �-r .. ' ' .-r a4. rt 0 z .."::.' raj 71 o.. n `7 q, C m cbb -C . .. , 1 74: en ) > .., ,ate es w .-I S� F.;o' r• „� � ;K fA 'C ). e. rw+• w =, gyp ' 7 ''' z.tsv457 1 726 AS ,-. Q' '" SD =3 3 5uZ' tl ]...•th• - fit F. i�" ova cn z• - a p ` ct t ..E. �y = Q pin t 31)01 l 0 co-fl '4 G o rCOT v �'+... i;Id `4 cv�c� 05 Cm ps gmµ; .' Om❑wM�eP, ..jvt(-, F.' 0 ry 2 ro Is w. n "�9 n., W t' m n. r Diane Ward From: Schmitz, Luletta [Ischmitz@pioneerpress.com] on behalf of legals [legals@pioneerpress.com] Sent: Thursday, November 05, 2009 4:04 PM To: Diane Ward Subject: RE: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc I start at 9:00 a.m. and do some financial reports right away when I get here. I will be doing the legal ads between 10:00-11:00. From: Diane Ward [mailto:dward@ci.stillwater.mn.us] Sent: Thursday, November 05, 2009 4:03 PM To: legals Subject: RE: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc Ok - I'll call you in the morning. Thank you. From: Schmitz, Luletta [mailto:lschmitz@pioneerpress.com] On Behalf Of legals Sent: Thursday, November 05, 2009 4:02 PM To: Diane Ward Subject: RE: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc Yes, it will be online too. I don't know the price yet, but I am leaving for the day now and will be working on legal advertising in the morning tomorrow. I can let you know then. A credit card will work great because that will mean payment can be applied immediately and the finance manager doesn't have to review the files to set it up to bill under the employment account number. From: Diane Ward [mailto:dward@ci.stillwater.mn.us] Sent: Thursday, November 05, 2009 2:49 PM To: legals Subject: RE: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc I know we have published employment ads before, but if it is too much trouble we can prepay with the City Credit Card. Do you know the price? Will it be online too? From: Schmitz, Luletta [mailto:lschmitz@pioneerpress.com] On Behalf Of legals Sent: Thursday, November 05, 2009 11:49 AM To: Diane Ward Subject: RE: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc We don't have an account in finance set up for payment of legal advertising items for the City of Stillwater. Did you want me to check to see if this can be invoiced along with any other items you may have that there is an account set up to pay for? Or did you want to pre -pay for this item. LuLetta Schmitz St. Paul Pioneer Press 651-228-5154 From: Diane Ward [mailto:dward@ci.stillwater.mn.us] Sent: Thursday, November 05, 2009 9:27 AM To: legals Subject: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc Importance: High From: Diane Ward Sent: Thursday, November 05, 2009 9:25 AM Subject: ADVERTISEMENT FOR REQUEST FOR PROPOSALS concession.doc Importance: High Please publish in your newspaper Wednesday, November 11, 2009 and provide me with a receipt of this email for my records. If you need this legal in another format please let me know. I would also request a price for this ad. Billing Information: City of Stillwater Attention: Diane Ward, City Clerk 216 4th Street N Stillwater, MN 55082 651-430-8802 2