The URL can be used to link to this page

Home My WebLink About2010-01-05 CC PacketREGULAR MEETING RECESSED MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Cell Regulation Debriefing — Jim Roush CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE tllWate 7NRTNPLRCE GF rr IIINNE,/ REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 5, 2010 4:30 P.M. AGENDA 7:00 P.M. AGENDA PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 4:30 P.M. 7:00 P.M. STAFF REPORTS 1. Police Chief 3. City Clerk 5. City Engineer /PWD 7. Finance Director 2. Fire Chief 4. Community Dev. Director 6. City Attorney 8. City Administrator APPROVAL OF MINUTES - Possible approval of December 15, 2009 regular meeting minutes OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll Call) 1. Resolution 2010 -01, directing payment of bills 2. Resolution 2010 -02, designation of depositories for 2010 3. Resolution 2010 -03, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute 4. Resolution 2010 -04, approval of contract between the City of Stillwater and Sand Creek Group, Ltd. 5. Resolution 2010 -05, designating the Stillwater Gazette (legal publications) and Press Publications (proceedings) at the City's legal publication and approving contract with the Stillwater Gazette and Press Publications for 2010. 6. Resolution 2010 -06, approval of arbitrage compliance - engagement letter with HLB Tautges Redpath, Ltd. 7. Resolution 2010 -07, approving the grant acceptance form from the Minnesota Historical Society PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 8. Case No. 09- 47.This is the date and time for a public hearing to consider a request from Teary O'Hana for a special use permit transfer of the James Mulvey Inn to Teary O'Hana and Lee Sathen located at 622 West Churchill Street in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4, 2009. (Resolution — Roll Call) 9. Case No. 09 -48. This is the date and time for a public hearing to consider a request from David Fischer, Buell Consulting, for a special 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 523 West Marsh Street in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4, 2009. (Resolution — Roll Call) 10. Case No. 09- 49.This is the date and time for a public hearing to consider a request from Bob and Janet Meisterling for preliminary and final plat approval and for the subdivision of one lot into two lots located at 12550 72n Street North, in the AP, Agricultural Preservation District and a zoning map amendment to rezone from AP, Agricultural Preservation to LR, Lakeshore Residential and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 4, 2009. (Resolution — Roll Call) UNFINISHED BUSINESS NEW BUSINESS 11. Designation of Vice Mayor (Resolution — Roll Call) 12. Designation of Council representatives for Boards /Commissions & Lumberjack Days Committees 13. Request from Calsey Hoefler for a 24/7 parking ramp pass 14. Possible approval of a snow removal contract for sidewalks. (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Pr tii<u &ic 20 x81 u ith the recent rise In the cost of natural gas and oil, the use of outdoor wood burners (also known as boilers, furnaces, and heaters) is becoming more conunon nationally As a result, t „R pup trues may be receiving inclut- )� t, ries from homeowners who wish to install outdoor wood burners (OWBs). In addition, cities may receive complaints from neighbors of newly installed OWBs, particularly concerning the stroke they generate. Generally, OWBs are more common in rural settings. However, in recent years, the use of OWBs has increased in nxire densely residential neighbor - hoods.Typically, an OWI3 resernhle.s a small shed with a short smokestack. It burns wood in a fire box to heat water in a water jacket that surrounds the box. Used as a water heater and/ or a primary heat source for the home (typically when attached to a forced air furnace inside the home), the typi- cal OW13 is powered by wood. Some OWBs burn corn, pellets, and biomass, but this article will focus on wood - burning OWBs_ Dangers of OWBs. Due to the rapid increase in OWBs in NewYork, the state attorney general commissioned a study on O FB use.The report, titled "Smoke. Gets inYour Lungs: Outdoor Wood Boilers in NewYork State,” found that neighbors of OWB users reported that the OWB smoke: o Led to a variety of health symptoms, including upset stomach, headaches, dizziness, respiratory effects, and throat and eye irritation. Prevented neighbors from using their yards for normal activities such as gardening, }ranging clothes out to dry, and playing with children. e Left a residue and smoke odors on items inside their homes such as clothing, curtains and upholstery. By Rachel Carlson maces an tau Set off their home carbon monoxide detectors. Federal Environmental Protection Agency studies indicate dial: OW Bs produce over 1,000 times more smoke than traditional interior gas and oil furnaces. Since OWBs tend to be placed n small shacks with very short .smoke- stacks, this dense smoke is often emitted very close to the ground, near windows and in areas where people circulate.The smoke and enussions problems associated with OW13s can be exacerbated when owners use the burner to dispose of trash, tires, or treated wood, potentially releasing toxic chemicals into the air. Inhalation of wood smoke is noted to cause many unhealthful side effects. Burning wood adds harmful fine par- ticles and toxins to the air, according to the Minnesota Pollution Control Agency web site.These particles can cause short -term eye, lung, and throat irritation problems and long -term health effects (e.g., chronic obstruc- tive .lung disease, chronic bronchitis, increased risks of cancer), and may be especially harmful to young children with developing lungs. What cities can do. Although no federal or state regulations currently exist, many cities have opted to regu- late OWBs on a local level through their nuisance ordinance.A nuisance is generally defined as anything that is injurious to health, indecent or offen- sive to the senses, or all obstruction to the free use of property so as to inter- fere with a comfortable enjoyment of life or property. State statute gives cities the author- ity to regulate nuisances via a local ordinance. 111 Minnesota, cities' regula- tion of smoke as a potential nuisance is longstanding. In 1911, the Minnesota Supreme Court upheld a Minneapolis ordinance defining excessive smoke as Rachel Carlson is research attorney iritlt the a public nuisance, noting that "smoke League Of Alitr.ire:wta Cities. Phorir: (651) . becomes a nuisance when it penile- 28/-1226.12-mail: rrarlsori(d1mc.eT aces that air surrounding people and invades their residences and places of occupation." The council has authority to exp]ic- itly define a particirlar nuisance, and then to provide for its regulation or abolition.This means that a city can choose to either completely prohibit OWBs as a nuisance in air ordinance, or provide detailed guidelines for their use. In cities that choose to regulate OWBs, the regulations usually: is Limit the use of OWBs to areas zoned for agricultural use. o Prohibit the burning of treated wood, garbage, and other potentially Harmful materials. m Impose setback requirements from neighboring properties. O Require smokestacks that are at least as high as neighboring residences. o Require an annual permit with inspections. Cities may also attempt to regulate OWBs through their zoning ordinance. Cities could permit or prohibit the OWBs as an accessory or conditional use and establish setback and lot size require- ments. If a city chooses to regulate the OWBs through its zoning regulations. it should consider whether existing OWBs must comply or be considered a lawful non - conformity, pursuant to Minn. Stat. 5 462.337, sribd. lc. In con- trast, pre - existing uses that are declared a nuisance and regulated as such are nor protected as lawful non - conformities. More information. Sample ordinance provisions related to OWBs are avail- able by contacting the LMC Research Department at (651) 251 -1200 or (10(1) 925 -1122. oils v1 NNIsc Cr rtri r '1 DAVID T. MAGNUSON DTMAGNusoN@mAGNusoNLAwFiRm.com TO: Mayor, City Council and Staff rROM: David T. Magnuson DA'Z'E: January 5, 2010 RE: Annexationary Impact Fees MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET • Su1TE #202 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641 W W W. MAGNUSONLAWFIRM.COM MEMORANDUM JOHN D. MAGNUSON JD MA GNUS ON @MA GNUS ONLAW FIlaM C OM This is just a brief memo to explain the source of the Trout Stream Mitigation Fee and the Transportation Adequacy Fee, both of which were adopted to address growth related impacts in the annexation area. The first was the Trout Stream Mitigation Fee. This work was required to address mitigation commitments that were established in the Alternative Urban Area Wide Review (AUAR) for the annexation that was completed in August of 1997. I enclose a Resolution adopted in 1998 that describes the three phases of work that was needed to divert runoff from the annexation area away from Brown's Creek and through McKusick's Lake through the Laurel Street ravine, ultimately discharging into the St. Croix River near Mulberry Point. The cost of this project was approximately $5.2 Milliion, $1.1 Million of which was funded by a loan from the DNR which is repaid at the rate of $110,000 per year. This money is expected to be recovered through the Trout Stream Mitigation Fee. The second, and later fee, was the Transportation Adequacy Fee. This was established in the year 2005 by Resolution No. 163, a copy of which is enclosed.. It was established to defray the cost of improving and updating collector streets in the annexation area for work that would be impossible to assess against abutting owners. Resolution 2005 -163 describes this fee and uses that are expected to be made of these funds. DTM/jmo 2 Respectfully submitted, David T. agi uson RESOLUTION NO. 98 " 124 RESOLUTION OF COMMITMENT AND UNDERTAKING AND REQUEST FOR ASSISTANCE WHEREAS, the City of Stillwater completed an Alternative Urban Areawide Review ( "AUAR ") in August of 1997, for the purpose of evaluating potential environmental impacts from development of the Annexation Area on the west side of the City and developing a mitigation plan to avoid, minimize or mitigate for these impacts, The cornerstone of the mitigation plan is the diversion of storm water flowing from Long Lake and other portions of the annexed area away from Brown's Creek in order the preserve and enhance the integrity of Brown's Creek; and, WHEREAS, in furtherance of the commitment in the AUAR to construct needed storm water improvements in order to mitigate impacts in a timely manner, the City, on December 16, 1997, approved a Feasibility Study in order to determine the most coat effective alternatives for accomplishing the goals in a timely manner; and, WHEREAS, the Feasibility Study adopted by the City determined that the total mitigation effort is most feasiblely divided into three (3) phases described as follows: Phase I. Long Lake Area. The .first phase involves widening the channel outlet from Long Lake north of County State Aid 12, replacing existing culverts under Interlachen Road with larger box culverts, widening the channel between the Jackson Wildlife Management Area - wetlands and replacing the vesting wear at County State Aid 12 with a modified version to increase flows out of Long Lake and the total cost of these improvements is estimated at four hundred ninety -two thousand six hundred forty -eight and no /100 dollars ($492,648.00); and, WHEREAS, Phase II, described as the Diversion in McKusick's Lake, would require a diversion structure to be built on the channel from Long Lake immediately south of the Minnesota Zephyr Railroad track and the construction and addition of the low flow diversion pipe leading from the area of the diversion structure to south of the railroad tracks near the McKusick's Lake wetland and the total cost of this work is estimated at three hundred seventy - seven thousand nine hundred twenty -two and no /100 dollars ($377,922.00); and, WHEREAS, Phase III improvement would include the Brown's Creek reconstruction, including the expansion of the McKusick's Lake basin, the realignment of Brown's Creek to allow for the expansion of McKusick's Lake and the extension of the diversion pipe that would be constructed along the south end of the golf course between the golf course and a dike to contain a mixed expanded McKusick's Lake with necessary downstream improvements is estimated at one million nine hundred fifty thousand six hundred thirty -five and no /100 dollars ($1,950,635.00); and, 1 WHEREAS, the Minnesota Department of Natural Resources has sought assurances from the City that the mitigation measures, including all three (3) phases, will be constructed in a timely manner and in advance of the development expected to impact on the storm water system; and, WHEREAS, the purpose of this Resolution is to give assurances to the Department of Natural Resources that the City is committed to the undertaking of these improvements in compliance with the spirit and intent of the AUAR. 1. That the City reaffirms its commitment to the spirit and intention of the AUAR and its commitment to construct the mitigation measures in a timely manner. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2. That as part of the improvements now being undertaken, the City has already undertaken to complete part of the Phase I Long Lake Area improvements at a cost of one hundred thousand and no /100 dollars ($100,000.00) and, further, has installed an underground pipe as part of the Phase II Diversion system at a cost of one hundred fifty thousand and.no /100 dollars ($150,000.00) and reaffirms its commitment to find funding for the entire mitigation system so that it can be constructed as soon as feasiblely possible. 3. That the City staff is directed to work with officials of the State of Minnesota and the Department of Natural Resources to explore any or all possibilities of obtaining funds to allow for construction of all phases of the mitigation measures without waiting for future phases of a development to occur and the collection of hookup charges to finance the improvements. Enacted by the City Council of the City of Stillwater this 12`'' day of May, 1998. CITY OF STILLWATER 2 Morli eldon, Clerk Memorandum To: Mayor and City Council From: Klayton Eck les, Director of Public Works Date: February 26, 2003 Subject: Storm Water Impact Fees for Annexation Area Lands Benefiting from the Trout Stream Mitigation Project DISCUSSION Phase 1 of the Annexation Area is essentially complete and Phase 2 is well underway. Recently there has been talk of development in Phase 3 and also property owners in Phase 4 have an interest in developing. One concern that the developers have is what are the City's costs are for development and impact fees. Now that the Trout Stream Mitigation Project is nearing completion we have a better handle on the total overall costs. The current revised estimate for completion of the entire Trout Stream Mitigation Project is $5.2 million. This is approximately a million dollars more than the original estimate seven years ago. Some of the additional costs are due to design changes as well as economic factors. The increased cost means that the remaining development within the City will require higher impact fees. Dividing the remaining $3.4 million of construction costs amongst the 355 acres of residential and 65 acres of commercial will yield an impact fee of $7,100/acre for residential and $14,200/acre for commercial and multifamily. RECOMMENDATION Staff recommends that Council update the Trout Stream Mitigation Project impact fees as follows: $7,100/acre for single family residential and $14,200/acre for commercial and multifamily. Also Staff recommends that Council authorize the annual adjustment of these fees based on construction cost indexes. ACTION REOUIRED If Council concurs with staff recommendation, Council should pass a resolution adopting these fees for all new development in 2003 and beyond. RESOLUTION NO. 2003-53 APPROVING STORM WATER IMPACT FEES FOR NEW DEVELOPMENT IN THE ANNEXATION AREA WHEREAS, pursuant to resolution of the council adopted February 2, 1999, storm water trunk charges for the expansion area were developed and WHEREAS, the City Council has determined that the remaining Trout Stream Mitigation Project costs are to be shared among the 355 acres of residential and 65 acres of commercial property through the use of Trunk Storm Sewer Charges as listed below: Residential Rate: $7,100.00 per acre Commerical/Multi-family Rate $14,200.00 per acre NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA 1, The Truck Storm Sewer Charges presented are herebyapproved. 2. The Truck Storm Sewer Charges for new development are hereby effective March 4, 2003. Adopted by the City Council this 4th day of March 2003. ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2005— 163 RESOLUTION ESTABLISHING POLICY ON USE OF CONTRIBUTION AGREEMENTS TO IMPROVE SUBSTANDARD STREETS WHEREAS, the United States faces a significant problem in maintaining existing public infrastructure (streets, roads, highways, bridges, pedestrian walkways, bike paths). In September, 2003, the American Society of Civil Engineers estimated that $1.6 Trillion Dollars were needed nationwide over a 5-year time period to bring public infrastructure up to an acceptable state of repair and maintenance. This figure had increased by $300 Billion Dollars since 2001 because of large growth and increased development; and, WHEREAS, the City of Stillwater also faces a significant problem in maintaining its existing public infrastructure. The City has over 85 miles of local streets for which it is responsible for maintenance and repair. This network of local streets has been growing by to one to two miles per year during the past ten years. Currently, the City faces a backlog of unfunded street maintenance needs totaling about Fifteen Million ($15,000,000.00) Dollars; and, WHEREAS, the City's Public Works Director projects that over the next ten years, there could be over Ten Million ($10,000,000.00) Dollars of arterial and collector road construction and reconstruction needed to support new growth; and, WHEREAS, the City's infrastructure deficit is compounded by new development, its impact upon adjacent public streets and former Township Streets that have become part of the City through annexation. The City's future financial and engineering plans to improve the capacity of the public streets is threatened. The Minnesota Court of Appeals has recognized thaf subdivision development places a great burden on municipal services including city streets. Middlemist v. City of Plymouth, 387 N.W.2d 190, 193 (Minn. Ct. App. 1986). The City does not have the financial resources to upgrade or improve the available public infrastructure for each and every new development proposed to be located somewhere within the City's boundaries (or that will become part of the City through scheduled annexation.); and, ' WHEREAS, the lack of adequate street and road facilities to handle the vehicular traffic generated by new development results in enormous societal costs in the form of environmental pollution, energy consumption, increased energy costs, decreased economic productivity and a general decline in a citizen's quality of life as a person spends more and more time trying to get from here to there. In addition, emergency services suffer as traffic congestion and accessibility problems reduce response times; and, WHEREAS, the City has previously commissioned SRF Consulting Group, Inc. to prepare the Boutwell Area Transportation Study during the year 2004 and that Study is adopted by reference and made a part of this Resolution; and WHEREAS, Minnesota law addressing a city's ability to regulate development and subdivision activities is found in Minnesota Statutes, Chapter 462; and, WHEREAS, Minnesota Statutes, Section 462.358, subd. la, states that "[t]o protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, ... and to facilitate adequate provision for transportation, water, sewage, storm drainage ... and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions;" and WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a, states that "[t]he standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; ... and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features;" and WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on the construction and installation of sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements;" and WHEREAS, Minnesota Statutes, Section 462.358, subd. 2a states that "[t]he regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval;" and WHEREAS, in response to and as authorized by the above -cited provisions of the Minnesota Statutes, the City of Stillwater has adopted subdivision regulations. They can be found in Chapter 32 of the Stillwater Code of Ordinances (commonly referred to as the " Subdivision Ordinance" ); and WHEREAS, subdivision standards have been recognized as one of the most effective forms of growth management (Gary Pivo, Growth Management Planning & Research Clearinghouse Local Government Planning Tools. (Aug. 1992)). Adequate public facilities standards have been judicially approved in cases across the nation and in Minnesota (Matter of Golden v. Planning Board of Town of Ramapo, 30 N.Y.2d 359, 334 N.Y,S.2d 138, 285 N.E.2d 291. app. dismissed. 409 U.S. 1003 (1972); Woodbury Place Partners v. Town of Woodbury. 492 N.W.2d 258 (Minn. Ct. App. 1992), cert, denied. 113 S.Ct. 2929 (1993); Freundshuh v. City of Blaine. 385 N.W.2d 6 (Minn. Ct. App. 1986); Larsen v. County of Washington. 387 N.W.2d 902 (Minn. Ct. App. 1986); Garipav v. Town of Hanover. 351 A.2d 64 (N.H. 1976); White, S. Mark. Adequate Public Facilities Ordinances and Transportation Management (American Planning Association, Planning Advisory Service Report No. 465, 1996); and WHEREAS, the purpose of subdivision standards is: 1. To economize on the costs of municipal facilities and services to carefully phase residential, commercial and industrial development with efficient provision of public improvements; 2. To establish and maintain municipal control over the eventual character of development; 3. To establish and maintain a desirable degree of balance among the various uses of the land; and 4. To establish and maintain essential quality of community services and facilities; and, WHEREAS, by these standards, the City seeks to regulate the timing and sequencing of development so that the provision of adequate public facilities required to accommodate the development growth occurs concurrently with the development growth. Put another way, these adequate public facilities standards require development be timed and sequenced in a manner consistent with the capacity of public facilities. The City's goal is to insure that public facilities are capable of supporting and servicing the proposed development's physical area and designated intensity; and WHEREAS, in addition to the standards listed in the City's Subdivision Regulations also include adequate public facilities standards within the criteria provided for the City review of particular subdivision processes. Thus, a general development plan cannot be approved unless on and off -site public facilities are adequate, or will be adequate if the development is phased in, to serve the properties under consideration. And, a preliminary plat (land subdivision) cannot be approved unless the proposed subdivision takes into account the City's Expansion Area Transportation Program; and WHEREAS, the City's Subdivision Regulations allow the City to impose a condition on its approval of a proposed development where the condition is needed to insure compliance with the subdivision regulations; and WHEREAS, the Stillwater City Council wishes to establish a policy on the required payments to the Transportation Area Fund. The purpose of the policy is to address inadequate existing township, City or county roads abutting proposed subdivisions and the manner in which the roads can be made adequate. This policy seeks to equitably distribute the transportation improvements throughout the City. NOW, THEREFORE, BE IT RESOLVED: 1. That the Council of the City of Stillwater establish the policy as set forth in Option 4 of the Expansion Area Transportation Program, adopted as Exhibit "A ". 2. That the contribution level as set forth in the attached policy will be reviewed and adjusted each year by the City Council. 3. That amounts of contribution are due upon preliminary plat approval or if adequate provisions are made for security, the amounts may be paid as a special assessment and certified to the County Auditor for collection with the real estate taxes, 4. This policy applies to all general development plans, meets and bounds surveys, site development plans, certificates of survey and all other types of land subdivisions within the expansion are, filed after August 1, 2005. Adopted by the City Council the /9 day of ATTEST: Ad-e Diane F. Ward, Clerk TO: Mayor and City Council FROM: Klayton Eckles, Director of Public Works DATE: June 17, 2005 SUBJECT: Expansion Area Transportation Progra¢n DISCUSSION MEMORANDUM EXHIBIT "A" The City Council recently discussed the potential of significant shortfalls in transportation funding that could result due to our expansion area. As part of the Boutwell area transportation study we identified a number of potential traffic problems and possile solutions. This study did not identify any potential funding sources to complete these improvements. As a result, staff began an investigation into the magnitude of potential funding shortfalls. In reviewing the potential funding impacts, it became necessary to identify specific roadway improvement projects that are necessary to deal with expansion area traffic. Much of the funding associated with collector street systems comes from our municipal state aid program. Since the state aid program also funds improvement projects in existing Stillwater or what we'll call the "old town" for discussion, we also identified potential or upcoming state aid projects in that area. As shown on Table 1 between 2005 and 2012 we anticipate approximately $8.85 million of improvements that have some relation or association with the expansion area. The table further goes on to identify the approximate proportion of those projects that is specifically related to development impacts or development traffic volume increases. The sum total between 2005 and 2012 of development related transportation costs amounts to $6.9 million. The Stillwater municipal state aid fund increases at a rate of about $300,000 to $350,000 a year. This money can only be spent on approved state aid projects. One of the requirements of a state aid project is that the project must involve a municipal state aid designated street or county designated state aid street. At the start of 2005, the City state aid fund balance was approximately $1.3 million. As shown on Table 2, even if we only use state aid fund money on "old town" state aid street projects, the MSA fund balance will eventually be exhausted. Therefore the conclusion is that we have about a $6.9 million deficient due to expansion area transportation costs. In May, city staff presented a proposal to City Council of a possible option that could yield additional funding sources. This option entailed spreading the extraordinary transportation expenses associated with the expansion area in a uniform way across the development area. As result, City Council directed staff to look at other options and explore this option further. Since the Council workshop, city staff met with members of the development community. Specifically, we invited the Builders Association of the Twin Cities (BATC), a representative from US Homes as well as legal council for the BATC. In the meeting, the BATC representatives made it clear the following points. 1. BATC is not opposed to funding programs designed to capture transportation expenses associated with development. 2. Any such program must raise revenues strictly for the purpose of transportation related costs associated with new development. The passing on of dubious transportation costs would be rigorously challenged. 3. The development community is willing to participate as long as any program created is fair and consistent. 4. Providing as much lead -time as possible is important to developers in preparing their financial plans. The BATC also suggested we talk with the City of Maple Grove that has developed a successful program which has been well received by the development community and BATC. Overall, it was clear that BATC thought our concept had merit. FUNDING OPTIONS In an effort to give the City Council more options to consider in the way of meeting our expansion area transportation needs, city staff developed the following list. Option 1: Use current methods to finance projects. We currently charge developers for direct costs of street improvements related to development. Using this technique some developers would pay more than others depending on their proximity to the road improvements. For instance, the Bruggeman property would be adjacent to the Neal Avenue expansion as well as Boutwell Road improvements and therefore would pay about $400,000. By comparison when the Settler's Glen developers agreement was completed the City required approximately $250,000 in road improvements to be made against that development for Boutwell Road enhancements. Using this approach we could expect to raise approximately $2.8 million in revenue. The result of this method would be a shortfall of approximately $4.1 million. Municipal State Aid could be used for the shortfall but it would mean delays of up to 14 years for some of these projects. It would also likely result in delays on improvements to the existing old town street projects. Also since the MSA fund balance analysis (Table 2) was not carried out beyond 2012, additional state aid projects not on the list would likely surface and yield additional delays. The big downside to this option is that it does not treat developers consistently and certainly yields a shortfall in our funding. Option 2: Use new statutory authority to assess Township properties Just this session, the State Legislature granted authority to cities to enable assessments made against township properties. These assessments would then be immediately deferred against township properties until such time as those properties come into the city. Any such project still relies on the 429 - process meaning that the project would need to provide a direct measurable benefit. With this we could recoup some costs from properties via an assessment. But the challenge would that it requires public hearings. Also from the property owners prospective, a "benefit" is not immediately obvious. We did directly assess folks on 62 Street but only for a small amount and it was hot issue for the residents. For the most optimistic case the option might yield $400,000. Option 3: Raise general revenues through taxes We currently spend $1.1 million per year on non -MSA street improvement projects. If we were to significantly raise our tax revenues dedicated to improvements, we could fund more street projects including those projected projects in the expansion area. We would need an additional $300,000 to $700,000 per year for the next 6 -10 years depending on how long we are willing to delay some of these projects. Alternatively or in an addition, we could reduce the level of our annual street improvement project. In order to remain revenue neutral, we'd need to reduce our annual project by two times the amount we wish to dedicate towards expansion area improvements. This is because we currently assess approximately 50% of our improvement costs. So in order to get $300,000 to $700,00 a year additional, we would need to reduce our current street improvement program between $600,000 and the entire $1.1 million we currently dedicate. Option 4: Implement a transportation area fund This is similar to the plan presented at the workshop. Under this approach all of the costs associated with providing transportation improvements to serve the expansion area would be aggregated. Then these costs would be split amongst all expansion area properties on a consistent basis. The advantage is that developers will not be paying a premium if they're immediately adjacent to a transportation facility or getting a break if they are not. The general logic in this approach is that the transportation improvement benefits are needed in order to allow expansion development to occur. As shown on Table #3 the maximum development area is 360 additional acres. The probable additional development area is 327 acres. The 33 acre difference is caused by the fact that there are several properties that will be very difficult to develop and therefore may never do so. Also, it is possible that some of the properties are developed later than anticipated resulting in financing challenges. Of the 327 acres, 72 of it are commercial and 255 are residential. Although both land use types are part of the overall transportation expansion area plan, they have different levels of impact. An acre of commercial property contributes 3 to 4 times more traffic load compared to an acre of residential. Therefore, it is recommended that this approach use a 3.5 multiplier for commercial property. Using this approach if we take the entire $6.9 million and divide it by the acreage of residential and acres of commercial with the multiplier the result would be charges of$13,600 per acre for residential and $47,633 per acre for commercial. In our initial concept presented to the City Council, we had presented numbers of about $13,000 per acre. Under option 4 presented above, the rate for residential is about the same but the rate for commercial has gone up significantly. This was necessary because based on discussion with the BATC we refined some of our costs as well as the ratio that's related to development yielding a higher overall transportation shortfall. WHAT ABOUT RIGHT - OF - WAY COSTS? In discussing the concept of option 4 with the City of Maple Grove, the City Engineer explained to me that Maple Grove also charges for right -of -way acquisition. In other words, all developers share in the cost of acquiring right -of -way for streets. Maple Grove has determined approximately how much right -of -way will be needed in the area. Developers then pay for the true costs of this right -of- way at market rate or are given a significant credit for their dedication. This way developers that are immediately adjacent to collector streets are not unduly impacted without compensation. Also, developers that are not adjacent help pay for the cost of acquiring the right -of -way that's necessary. After computing the total cost of all this right -of -way, Maple Grove splits that total cost evenly: amongst all the development acres yielding a cost per acre to developers. This cost is in addition to the transportation expenses. WHAT ARE OTHER CITIES DOING? Since the last meeting staff has also spoken with a number of communities. We found that there are quite a number of communities that use option 1. However this option is also hit or miss and obviously can result in shortfalls and inconsistencies. We also spoke at length with Woodbury ,and Maple prove. Both these communities have successful programs that recoup costs associated with transportation within their expansion areas. The following chart shows the comparison of all of the development related costs that are comparable to Stillwater. City Woodbury Maple Grove (Residential) Maple Grove (Commercial) Stillwater (Residential) Stillwater (Commercial) Transportation Fee $17,000 $15,500 $55,800 Right -of -way Fees N/A $19,000 $44,000 Storm Sewer Charges $20,000 $0 $0 $13,600 $3,000 $47,633 $27,500* $8,000 I $16,000 Total $37,000 $36,500 $99,800 $24,300 $89,900 *Note: Since all of the commercial property is one owner (Bergman) and the owner will likely dedicate the right -of -way for the Curve Crest Blvd extension the cost would all be a wash and therefore this number would be zero unless the owner doesn't cooperate on the dedication. TRANSPORTATION ASSESSMENTS In the case of Maple Grove, that city actually assesses all of the cost of development against the developer. So Maple Grove installs utilities, completes the street grading, installs the streets and storm sewer, acquires the right -of -way and then all of these costs are paid for using city bonds and then assessments are levied against the developer. Maple Grove indicates that most of the larger developer organizations pay the assessments off rather than allow them to be certified; however it may be tool that would be useful for some smaller developers in the Stillwater area. It's an idea that would require some careful consideration as part of our development agreement and would likely result in a 429 process but it's something Council may wish to explore. SUMMARY In summary, the City Council has a number of options to choose from. Unfortunately it would be very difficult or impossible under the current statues to do an area wide transportation, utility or assessment to existing property owners. Therefore, the City Council really has options ranging from doing nothing and continuing under the current methodology to enacting a very proactive and aggressive transportation area funding program. Indications from the developing community suggest that developers are most concerned about long -term delays to their projects. Second on their mind is if they are being treated fairly and consistently in relation to other developers within the community. It also appears that as long as developers are aware of the costs at the front end they are then able to pass these costs into their overall development scheme. If the City Council desires to implement any of the additional strategies, it is recommended that we do so as quick as possible as large developments are waiting in the wings and having this in place as early as possible would allow developers to factor in whatever we determine we will do. RECOMMENDATION City staff recommends that City Council consider some of the transportation issues that will soon arise in our expansion area and consider developing a funding strategy to address some of these issues. If Council wishes to implement a transportation area fund, it could be accomplished by directing staff to develop the necessary policy and accompanying resolutions. Table 1 Development Related Costs % Dvtpmt Dvlpmt Year Project Cost Related Charge 2005 Boutwell (12 to Newberry) $750,000 100% $750,000 2005 Deerpath $300,000 50% $150,000 2006 Boutwell (Newberry to Creekside) $500,000 100% $500,000 2006 Eagferidge Trail $1,000,000 20% $200,000 2007 Manning (36 to 12) $200,000 100% $200,000 2008 Boutwell (Creekside to CR15) $1,250,000 100% $1,250,000 2008 . Neal Ave (12 to Boutwell) $500,000 100% $500,000 2008 Neal Ave (McKusick to 96) $500,000 100% $500,000 2009 Curve Crest extension $1,400,000 100% $1,400,000 2009 Oak Glen Trail $500,000 10% $50,000 2010 Neal Ave ( Boutwell to McKusick $800,000 50% $400,000 2010 Manning (12 to 96) $200,000 100% $200,000 2010 McKusick Trail extension $100,000 100% $100,000 2011 Brick Street $300,000 50% $150,000 2012 Ped Crossing at 12 & Long Lake $400,000 100% $400,000 2012 Traffic calming (Maryknoll /Northland) $200,000 75% $150,000 $6,900,000 Table 2 MSA Fund Balance (If used only for "old city" projects) Cost less Year Project Assesmts Balance 2005 Pine & Myrtle $400,000 $900,000 2007 Wilkins & Washington $800,000 $700,000 2009 Greeley & Oak Glen Trail $1,200,000 $100,000 2011 Pine & Curve Crest $800,000 4100,000 2012 4th Street $400,000 - $200,000 Table 3 Expansion /Development Maximum Probable Development Acres Acres Bergman 73 73 Gadient 29 29 Bruggeman 18 18 Palmer 120 120 CR 15/12 12 12 Bruggeman 2 10 10 Heifert 15 15 Settlers 11 10 10 Settlers 12 15 5 Settlers 9, 10 8 0 McKenzie ++ 15 15 Boutwell /CR15 15 10 Misc 20 10 360 327 1111TNPLAill Of •spetl.lit CITY COUNCIL MEETING December 15, 2009 REGULAR MEETING Vice Mayor Polehna called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Absent: Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Officer Chris Kopel led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Roush to approve the December 1, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Award of Valor—Chris Kopel Presentation of Plaque by Colleen Danford, Lucy Winton Bell Athletic Fields 7:00 P.M. Police Chief Gannaway referred to a serious incident that occurred in the City earlier in the week and praised the actions of his officers. Chief Gannaway read and presented an Award of Valor to Officer Christopher T. Kopel in recognition of his actions in response to a stabbing and murder on Oct. 17, 2009. Vice Mayor Polehna thanked Officer Kopel for his services to the community on behalf of the Council. Colleen Danford, director of the Lucy Winton Bell Athletic Fields, provided an update on the athletic complex. She expressed a plaque of appreciation for the City's previous support of the complex. She reviewed some of the improvements made with the help of City Council Meeting December 15, 2009 the City's financial support. She stated a capital campaign was initiated in 2007 to finish the complex with the final building and outdoor lighting. She said the building has been roughed in, but the campaign still needs to be continued to achieve the goal of $220,000. She spoke of the importance of the complex and the role it plays in fulfilling the recreational needs of the area and supporting communities. OPEN FORUM There were no public comments STAFF REPORTS Public Works Director Sanders reported that due to the two recent snowfalls, snow removal would take place in the downtown area and hopefully be completed by the end of the week. Councilmember Roush asked about the upper level of the new parking ramp and whether a fence was missing to prevent people from going around a barricade. Community Development Director Turnblad said a barrier of some type will be placed in that area once the City actually starts charging for parking. CONSENT AGENDA 1. Resolution 2009-204, directing payment of bilis 2. Resolution 2009-205, adopting delinquent sewer charges Project No. 0001 (available Tuesday) 3. Resolution 2009-206, adopting delinquent garbage bill charges Project No. 0002 4. Possible approval to carry over Capital Outlay Items a. MIS b. Fire Department c. Public Works, Parks, Streets, Sewer d. Recreation Center e. Plant City Hall 5. Possible approval of Towing License Councilmember Cook asked that Item 6 be pulled for discussion. Motion by Councilmember Gag, seconded by Councilmember Cook to approve the Consent Agenda, minus Item No. 6. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Regarding Item No. 6, Councilmember Cook asked for an explanation about the carryover funds. City Administrator Hansen said it is his philosophy, noting that in 2010, for the first time in many years, the City will not be selling a bond issue but will obviously need to buy certain equipment; the carryover funds will be used to make those Page 2 of 7 City Council Meeting December 15, 2009 necessary purchases. On a question by Councilmember Cook, Mr. Hansen explained the carryover funds are not so much project-related as related to purchases that haven't been made this year, such as setting aside funds for a new surface at the Recreation Center rather than having to fund the entire cost in one year. Motion by Councilmember Cook, seconded by Councilmember Gag to approve item No. 6 of the Consent Agenda. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS 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 Plain Overlay District and adopting resolution of the Stillwater City Council directinq the publication of an ordinance by Title & Summary (Case 2009-43) Community Development Director Turnblad noted no changes have been made since the first reading of the ordinance. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Ordinance No. 1011 an ordinance amending the City Code by changing §31-010, entitled "Definitions" and by changing §31-400 entitled "Flood Plain Overlay District and adopting resolution of the Stillwater City Council directing the publication of an ordinance by Title & Summary (Case 2009-43), and Resolution 2009-207, a resolution of the Stillwater City Council Directing the publication of an ordinance by Title and Summary (Case No. 2009-43). Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Discussion of problem property enforcement options Community Development Director Turnblad reviewed staff suggestions for a stepped up enforcement program. Suggestions included more public outreach, such as placing a notice in utility bills regarding common complaints and suggested solutions to reducing complaints, and having police officers, building inspectors and public works employees keep an eye out for common violations and reporting those violations to the Community Service Officer. Councilmember Cook said she had received a call that exemplifies the essence of the problem from a resident's perspective. Page 3 of 7 City Council Meeting December 15, 2009 Linda Saveland, 106 Sherburne St. N., who had called Councilmember Cook, spoke against taking a "soft" approach; she spoke of the many problems related to a rental property next door and suggesting there should be a licensing of landlords. City Attorney Magnuson said from the many violations described, a nuisance complaint could be signed and levied against the property and that staff could look at the reports and see what kind of aggressive action could be taken to help the situation. Councilmember Cook said this resident's complaint is not atypical, referring to another property on the North Hill where there had been many Initial Complaint Reports (ICRs) but not one ticket issued. Councilmember Cook said she would like to see a more aggressive approach to this issue. Councilmember Polehna agreed and stated he receives many calls related to quality of life issues. Councilmember Gag said the Council must decide if this is a priority issue, and if it is, then obligate the necessary funding toward an aggressive enforcement program. Councilmember Gag said St. Cloud has an aggressive program and wondered whether the City might look at that city as an example. Chief Gannaway said he had some sample ordinances from other communities and that they are pretty strict and pretty severe; which it takes time and resources, with dedicated staff to that type of enforcement. City Administrator Hansen spoke of the dwindling economic resources and being in a period of downsizing that is likely to continue. Councilmember Gag suggested making this a point of emphasis in 2010, with more enforcement. Councilmember Roush suggested using Ms. Save land's presentation as a training tool to raise officers' awareness of these issues. It was decided to discuss this issue further in January, with direction being the Council does not want to take a soft approach. NEW BUSINESS Possible adoption of resolutions for 2009 Budget & Tax Levy Finance Director Harrison noted the two resolutions reflect the information given at the December 1 meeting. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-208, adopting the final tax levy for the Year 2010. Ayes: Councilmember Cook, Gag, Roush and Vice Mayor Polehna Nays: None Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-209, adopting the final budget for the Year 2010. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Page 4 of 7 City Council Meeting December 15, 2009 Possible acceptance of grant from Metropolitan Emergency Services Board — Fire Department Fire Chief Glaser told the Council that City has been awarded $16,031 from the Metropolitan Emergency Services Board for the purchase and upgrade of interoperable radio equipment. He asked the Council to acknowledge and approve the grant monies. Chief Glaser explained that the new equipment will allow the department to communicate with communities in Wisconsin with mutual aid agreements with Stillwater. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-210, authorizing the acceptance of grant and approving sub grant agreement with the Metropolitan Emergency Services Board. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Possible approval of an addendum to the Parking Ramp Development Agreement Community Development Director explained the addendum which reflects the actual ramp costs needed to accommodate the Lowell Inn annex and the actual appraised value of the Lowell Inn property used for the ramp construction. He said the recommendation, as reflected in the addendum, is to split the difference in the land appraisal and make the Lowell Inn responsible for the entire additional ramp costs. He said Mr. Anderson has agreed to the terms of the addendum, and approval is recommended. On a question by Councilmember Cook, Mr. Turnblad said if the City does not adopt the addendum, the City will be responsible for an additional $150,000 in ramp costs and the City will give the Lowell Inn about 36 years of parking credit; if the addendum is approved, the Lowell Inn pays for all the additional ramp cost and receives about 23 years of parking credit. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2009-211, approval of Addendum No. 1 to development agreement between the City of Stillwater and Trinity Lutheran Church and 102 Second, LLC. Ayes: Councilmembers Cook, Gag, Roush and Vice Mayor Polehna Nays: None Possible approval of quotation for downtown siren Police Chief Gannaway noted that the Council had asked the department to look into a downtown warning siren. He said a quote had been received for a siren to be located someplace in Lowell Park. Cost, excluding electrical and any required permits, would be $17,802 and that this item is not included in the budget. Vice Mayor Polehna suggested that carryover funds might be utilized if available later in 2010. No action was taken. Page 5 of 7 City Council Meeting December 15, 2009 COUNCIL REQUEST ITEMS Beyond Yellow Ribbon Update Vice Mayor Polehna gave an update on the Yellow Ribbon Committee. He said the City would be recognized as an official Yellow Ribbon City on January 5; a celebration will take place at Century College beginning at 9 a.m., with information available on the City web site. Other activities planned include a pheasant hunt for returning troop on March 14. He said Councilmember Roush is working with local Scout troops on an adopt-a- family program and that Community Thread is also working with troops and families. The official award presentation on January 5 will take place at 1:45 p.m. Vice Mayor Polehna said it would be nice if Councilmembers would be in attendance and it was noted that if a majority of Councilmembers attend, it must be published as a meeting; it was agreed the event should be published as a quorum will likely be in attendance. Councilmember Roush acknowledged a letter suggesting the City needs a movie theater, but noted the suggested location is in Oak Park Heights, not Stillwater. Councilmember Roush asked about unused light poles at the Rec Center and whether that equipment might be of use at the Lucy Winton Bell complex; City Administrator Hansen said he could check with the people at Lucy Winton Bell to see if the poles would be usable. Councilmember Roush asked for approval of an expenditure of $219 to participate in a teleconference on current issues in cell tower regulations and suggested that City Attorney Magnuson and Planner Pogge also might want to participate. Councilmember Roush also said he had an upcoming meeting with Congresswoman Bachmann's office to discuss the issue at a national level. Motion by Councilmember Roush, seconded by Councilmember Cook, moved to approve the expenditure of $219 for the teleconference. All in favor. Vice Mayor Polehna said Bob Kaufman had informed him they would be starting ice at the outdoor rink at the Rec Center later in the week and were very complimentary of the assistance provided by City staff. Councilmember Cook asked about shoveling of sidewalks in the downtown area in front of businesses that have closed. City Administrator Hansen said staff would contact the property owners in question; noting that compliance this year has been good. Councilmember Gag stated he had a town hall meeting scheduled for 7 p.m. December 8 at City Hall. Page 6 of 7 City Council Meeting December 15, 2009 ADJOURNMENT Motion by Councilmember Cook, seconded by Councilmember Roush to adjourn at 8:25 p,m. All in favor. ATTEST: Diane F. Ward, City Clerk Michael Polehna, Vice Mayor Resolution 2009-204, directing payment of bills Resolution 2009-205, adopting delinquent sewer charges Project No, 0001 Resolution 2009-206, adopting delinquent garbage bill charges Project No, 0002 Resolution 2009-207, a resolution of the Stillwater City Council Directing the publication of an ordinance by Title and Summary (Case No. 2009-43) Resolution 2009-208, adopting the final tax levy for the Year 2010. Resolution 2009-209, adopting the final budget for the Year 2010. Resolution 2009-210, authorizing the acceptance of grant and approving sub grant agreement with the Metropolitan Emergency Services Board Resolution 2009-211, approval of Addendum No. 1 to development agreement between the City of Stillwater and Trinity Lutheran Church and 102 Second, LLC Ordinance No. 1011 an ordinance amending the City Code by changing §31-010, entitled "Definitions" and by changing §31-400 entitled "Flood Plain Overlay District and adopting resolution of the Stillwater City Council directing the publication of an ordinance by Title & Summary (Case 2009-43) Page 7 of 7 ATTEST: Diane F. Ward, City Clerk RESOLUTION 2010-01 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 $608,167.69 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 5 day of January 2010 Ken Harycki, Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010-01' lst Line Accurate Radar Specialties Ace Hardware Adolfson & Peterson Constr. Al's Coffee Ancom Aramark Aramark Uniform Services Armor Security, Inc. Aspen Mills AT & T Becker Arena Products Board of Water Commissoner Bro'Tex,|nc. Carquest Auto Parts Cartridge World [AT[O Parts and Service CDW Government, Inc. Ceritury Power Equipment City View Electric, inc. Coca Cola Conmcaot CPK4| Cub Dve Rescue International, Inc. Elite K9, Inc. Environmental Systems Reseerch Fastenal Company Frank Madden & Associates Fury Dodge Chrysler Galls, anArannarkCompany Grafix Shoppe Grand Prix Vending Grubers Power Equipment H & L Mesabi Hartland Fuel Products, LL[ Heritage Printing ice Skating Institute Initernational Code Council, Inc Jerry's Skate World ] H Larson J. Paul Nesse Studio Inc. lP. Cooke Co. The Jeff Hoist Plumbing Contractor Concession Supplies Calibration of radar units Hardware Stiliwater Parking Ramp Concession Supplies Minitor Pagers Uniforms Mats, Towels, Uniforms Monitoring Service Uniforms Telephone Thresholds Driveway Cover for New Parking Ramp Supplies Equipment Supplies Toner Hydraulic pump and motor for toolcat Web & Email Filters & Supplies Equipment Repair SuppIies Annual Alarm Monitoring Concession Supplies Cable Stillwater Parking Lot Concession Supplies Dive Classes Equipment for K9 Squad Arc View Concurrent Use Maintnenance Hydraulic Couples Labor Relations Squad Repair Uniforms Graphics for K-9 Vehicle Concession Supplies Blade Plow Blade for #66 Fuel Learn to Skate Flyers Skater Mernberships & Judges Certificates Seminars Jel Tubes & Laces Lamps Lions Plaque Restoration Project Dog License, Tags & 0 Rings Repair Leak 837.96 552.76 201.23 249,635.77 2,499.15 1,076.99 176.83 1,279.99 89.78 929.76 390.21 294,77 119.96 95.67 232.89 53.42 252.98 5,127.85 15.36 308.52 2,809.50 64.18 2,157.53 101.62 697.50 2,703.95 Z 156.59 34.50 1,752.45 87.67 112.81 200.00 119,91 771.22 10,604.32 722.80 248.00 472.00 237.55 235.98 3,934.17 68.85 90.00 EXHIBIT "A"TO RESOLUTION #2010-01 Page 2 Kath Companies Keeprs„|nc./[v'sUniforms Kirvida Fire, Inc. L.T.G.Power Lakeview Hospital Lawton Printing, Inc. Legue of MN Cities lnsurance Trust Lehmicke Construction Inc Linner Electric Loffler Companies, Inc. Logo Stitch, Ltd. LSA Design Inc. Lynn Peavy Company Menards Metro Chief Ffre Officers Assoc. Metro Sound & Light Middle St. Croix Watershed Mgmt. Minnesota Crime Prevention Assoc. Minnesota Ice Arena Managers Assoc. Minnesota State Fire Chlefs Assoc. Municipal Emergency Services Office Depot OSI Environmental, Inc. OTIS Elevator Performance Plus Positive Promotions ProGuard P,o3ou,ce Quill Corporation R & R Specialties Reed Business lnformation Reliable Office Supplies Riedell Shoes, Inc. Roeller Jennifer Shifts, Cindy Sprint Sprint PCS St. Joseph Equipment Stewart Aaron Sthlwater Motor Company StumebrookeEquipmemt,hnc. Sun Newspapers T.A.5chifskv8' Sons, inc. Think Bamboo T-Mobile USA Grease Adapter, Motion Attachment, etc 1996 Pierce Purnper Lift & Latch Snow Removal Equipment for Parking Ramp Legal Blood Draws Rite on Tabs for Code Books Insurance Snow Removal Repaired Blower for Dome Firewall Labo//Insta||atimn Jackets for Resale Stillwater Parkinig Ramp Phase l| Supplies Hardware 2010 Dues 3 Handheld Mics lst HaIf 2010 Budget Contribution Membership 2010 Membership Membership Fire Vulcan LED Std System Invoice Number OfMceSupp|/es 55 Gailon Drum 2010 Maintenance Contract Fit testing Firefighter Planner Hockey Supplies Carpet for Training Room Office Supplies Repair Zamboni Washington Ave Mill Publication Copy Paper, Calendars, Dish Soap Skates for Resale Reimburse Mileage & Meals Seminar Reimburse Mileage & Postage Cell Phone CeNPhmne Equipment Repair Supplies Reimburse for Classes Vehicle Repair Piow cutting edge for plowing parking ramp Oct 6 Proceedings Base and Fine Asphalt Fire Prevention Week Supplies Refund Escrow 77.55 556.82 469,15 1'2U3.87 40.00 27.50 1,174.00 1,372.00 314.75 303.75 160.00 3,400.25 53.90 1,016.86 100.00 5]4.0} 15,819.39 60.00 165.00 225.00 307.89 525.77 380.00 5,109.94 1,986.00 107.88 656.50 198.36 59.16 1,564.35 479.70 289.12 370.63 32.42 38.19 77.47 106.60 180.99 685.50 113.36 769.50 398.37 1,687.88 552.00 1,200.00 EXHIBIT ^A~TO RESOLUTION #2Q18'01 Page 3 TR Computer Sales LL[ United Refridgeration University of Minnesota UPS USAb|eTerrn Life Insurance Viking Industrial Center Wal Mart Community Washington County Public Safety Radio Waste Management Watson Company Wet Government Services Wolf Beth Zanmbmni LIBRARY 3M American Library Association Baker & Taylor Baker 8kTayKorZ Baker @ Taylor Rental Barco Products BU [omoast Consolidated Plastics Ebsco Linner Electric Midwest Tapes Office of Enterprise Technology [}uNU Restoration Professionals Washington Courity Library ADDENDUM Advanced Sportswear AnmcricamBankeo|ns.[oofF| Batteries Plus Boa rd ot Water Commissianers Boyer Trucks Cardinal Tracking Carquest Catco Century College Contr. Lic Module & Permit Works Compressor for Dehumidifier CTAP Workshop Freight Pierce Manufacturing Insurance Work Gloves Supplies 800 MGhz Radios Garbage Waiver Concession Supplies Nov Contract Charges for Clear Reimburse for NotaryFHing SS22ambonh Maintenance Contracts Membership & Subscription Library Materials Library Materials Rental Books Parking Ramp Supplies Light Bulbs Te|ecnmnmnumications Floor Mats Periodical Subscription Ballast Replacements Rental DVDs Telephone Office Supplies Carpet Cleaning Reference Uniform Shirts Flood Insurance Batteries December WAC Equiprnent Repair Supplies Ticke Track Envelopes Equiprnent Repair Supplies Equipment Repair Supplies Law Enforcement Training 5,629.36 3,638.11 250.00 25.07 406.32 111.60 50.82 1,206.24 36.97 166.76 84.70 100.00 82,462.25 Z6iQ931}O 180.00 6,717.92 145.22 186.54 258.35 127.06 49.90 262.41 6,716.60 761.00 47.48 319.13 249.98 125.00 1,958.24 567.00 7,924.00 137.87 16,137.00 59.50 357.48 83.37 208.67 1,785.00 EXHIBIT "A~TO RESOLUTION #2O10-g1 Page 4 Cities Digital Scanning 962.96 Oark,Luanm City Ha, PubJic Works 1,152.50 CoKePapem Trash Can Uners, Tissues 384.68 Delta Dental January Cobra Dental Insurance 313.80 Fuhr Trenching, Inc. Pioneer Parki'ob, Storm Sewer Repair RH 10,545.00 Hansen, Steve Education 680.00 Helke's Tree Service Tree Removal 5,600.00 Holiday Fuel 98.3I League of Mn Cities Insurance Trust Insurance 103.50 Lions Club ofStiilwater Meals & Dues 100.00 MacQueen Equipment Inc. Equipment Repair Supplies 421.66 Magnuson Law Firm Professional Services 7,939.33 Meisterling, Bob Refund Over Payment Planning Case 3,000.001 Met Council December SAC 31,680.001 Metro Fire Pac N Hood 189.87 MN Dept. of Labor & industry 4th Qtr State Surcharge 3,757.84 Mil Distributing Equipment Repair Supplies 786.9I National Neigbborhood Watch Signs 85.62 Qwest Telephone 666.52 River Valley Printing Letterhead 153.91 Sand Creek Group, LTD 2010 Employee Assistance Progrm 1,935.00 Streicher's Supplies 75.85 Swift, Mary Office Supplies 3426 T'Mobi|e Cell Phone 42.10 Uniform's Unlimited, inc. Taser 869.63 Veterans iviemnoria| Parking Lot Maintenance 4,347.00 Washington County Survey & Land Mgmt TIFF &MrSkDImages 961.88 Washington County License Center License Tabs 551.00 Washington County Public Safety Radio Mobile Portable Radio Upgrade 375.00 Xre| Electricity,Gas 23 TOTAL 607,570.36 Adopted by the City Council this 5th Day ofJanuary, 2010 LIST OF BILLS EXHIBIT °A°TO RESOLUTION #2010'01 1st Line Accurate Radar Specialties Ace Hardware Adolfson & Peterson Constr, Al's Coffee Ancom Aramark Aramark Uniform Services Armor Security, Inc. Aspen Mills AT & T Becker Arena Products Board of Water Commissioner Bro-Tex, Inc. Carquest Auto Parts CATCO Parts arid Service CDW Government, Inc. Century Power Equipment City View Electric, Inc. Coca Cola Comcast [PM| Cub Dive Rescue lnternational, Inc. Elite K9, Inc. Environmental Systems Research Fastenal Company Frank Madden & Associates Fury Dodge Chrysler Galls, anAranmarkCompany GCR Minneapolis Truck Tire Ctr Grafix Shoppe Grand Prix Vending Grubers Power Equipment H & LK4esabi Hartland Fuel Products, LL[ Heritage Printing Ice Skating Iristitute International Code Council, Inc Jerry's Skate World J H Larson J. Paul Nesse Studio Inc. J.P. Cooke Co. The Jeff Hoist Plumbing Contractor Concession Supplies Calibration of radar units Hardware Stiliwater Parking Ramp Concession Supplies Minitor Pagers Uniforms Mats, Towels, Uniforms Monitoring Service Uniforms Telephone Thresholds Driveway Cover for New Parking Ramp Supplies Equipment Supplies Hydraulic pump and motor for toolcat Web & Email Filters & Supplies Equipment Repair Supplies Annual Alarm Monitoring Concession Supplies Cable Stillwater Parking Lot Concession Supplies Dive Classes Equipment for K9 Squad Arc View Concurrent Use Maintnenance Hydraulic Couples Labor Relations Squad Repair Uniforms Tires Graphics for K-9 Vehicle Concession Supplies Blade Plow Blade for #66 Fuel Learn to Skate Flyers Skater Memberships & Judges Certificates Seminars Jel Tubes & Laces Lamps Lions Plaque Restoration Project Dog License, Tags & 0 Rings Repair Leak 837.96 552.76 201.23 249,635.77 2,499.15 1,076.99 176.83 781.29 89.78 929.76 390.21 294.77 119.96 95.67 232.89 252.98 5,127.85 15.36 308.52 2,809.50 64.18 2,157.53 101.62 697.50 2,703.95 2,312.76 156.59 34.50 1,752.45 87.67 597.33 112.81 200.00 119.91 771.22 10,604.32 722.80 248.00 472.00 237.55 235.98 3,934.17 68.85 90.00 EXHIBIT " A" TO RESOLUTION #2010-01 Kath Companies Keeprs, |oc/CvsUnifonns Kirvida Fire, Inc. Ll[G.Power Lakeview Hospital Lawton Printing, Inc. League of MN Cities Insurance Trust Lehmicke Construction Inc Linner Electric LofOer Companies, Inc. Logo Stitch, Ltd. LSA Design, Inc. Lynn Peavy Company Menards Metro Chief Fire Officers Assoc. Metro Sound & Light Middle St. Croix Watershed Mgmt. Minnesota Crime Prevention Assoc. Minnesota Ice Arena Managers Assoc, Minnesota State Fire Chiefs Assoc. Municipal Ernergency Services Office Depot QS1Envirommente[ Inc. OTIS Elevator Performance Plus Positive Promotions ProGuard ProSource Quill Corporation R & R Specialties Reed Business Information Reliable Office Supplies Riedell Shoes, Inc. RueUmrJennifer Shilts, Cindy Sprint Sprint PCS St. Joseph Equipment Stewart Aaron Stillwater Motor Company Stonebrooke Equipment, Inc. Sun Newspapers T.A. Schifsky & Sons, Inc. Think Bamboo T-Mobile USA Grease Adapter, motion attachrnent, etc. 0 1996 Pierce Pumper Lift & Latch Snow Removal Equiipment for Parking Ramp Legal Blood Draws Rite on Tabs for Code Books Insurance Snow Removal Repaired Blowerfor Dome Firewall Labor/Installation Jackets for Resale Stillwater Parking Ramp Phase || Supplies Hardware 2010 Dues 3 Handheld Mics lst Haif 2010 Budget Contribution Membership 2010 Membership Membership Fire Vulcan LED Std System Invoice Number Office Supplies 55 Gailon Drum 2010 Maintenance Contract Fit testing Firefighter Planner Hockey Supplies Carpet forTraining Room Office Supplies Repair Zamboni Washington Ave Mill Publication Copy Paper, Calendars, Dish Soap Skates for Resale Reimburse Mileage & Meals Seminar Reimburse Mileage & Postage Cell Phone Cell Phone Equipment Repair Supplies Reimburse for Classes Vehicle Repair PIow cutting edge for piowing parking ramp Oct 6 Proceedings Base and Firie Asphalt Fire Prevention Week Supplies Refund Escrow Page 2 77.55 556.82 469.15 l'U67.68 40.00 27.50 1,848.00 1,372.00 314.75 303.75 160.00 3,400.25 53.90 1,060.62 100.00 634.00 15,819.39 60.00 165.00 225.00 307.89 525.77 380.00 5,109.94 1,986.00 107.88 656.50 198.36 59.16 1,564.35 479,70 289.12 370.63 32.42 38.19 77.47 106.60 180.99 685.50 113.36 769.50 374.88 1,687.88 552.00 1,200.00 EXHIBIT "A°TO RESOLUTION #2010-01 Page 3 TR Computer Sales, LLC United Refridgeration University of Minnesota UPS USAbIe Term Life Insurance Viking Industrial Center Wal Mart Community Washington County Public Safety Radio Waste Management Watson Company West Government Services Wolf Beth Zamboni LIBRARY 3M American Library Association Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental Barco Products 8L| Comcast Consolidated Plastics Ebsco Linner Electric Midwest Tapes Office of Enterprise Technology Quill Restoration Professionals Washington County Library Contr. Lic Module & Permit Works Compressor for Oehumidifier CTAP Workshop Freight Pierce Manufacturing Insurance Work Gloves Supplies 800 MGhz Radios Garbage Waiver Concession Supplies Nov Contract Charges for Clear Reimburse for Notary Filing 552 Zamboni Maintenance Contr cts Membership & Subscription Library Materials Library Materials Rental Books Parking Ramp Supplies Light Bulbs Telecommunications Floor Mats Periodical Subscription Ballast Replacements Rental DVDs Telephone Office Supplies Carpet Cleaning Reference 5,629.36 3,646.62 250.00 25.07 406.32 111.60 50.82 1,206.24 36.97 166.76 84.70 100.00 82,462.25 26,893.00 180.00 6,717.92 145.22 186.54 258.35 127.06 49.90 262.41 6,716.60 761.00 47.48 319.13 249.98 125.00 1,958.24 RESOLUTION 2010-02 DESIGNATION OF DEPOSITORIES FOR 2010 BE 1T RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the Year 2010: Central Bank MJSK Investment Securities Bremer Bank Lake Elmo Bank Piper Jaffrey Paine Webber U.S. Bank Wells Fargo Bank Minnesota 4-M Investment Fund Morgan Keegan Edward Jones Merrill Lynch Wachovia Securities, Inc. (Wells Fargo Advisors) Northland Securities Solomon Smith Barney First State Bank & Trust Multi-Bank Securities, Inc. Adopted by Council this 5th day of January, 2010. Attest: Diane F. Ward, City Clerk Ken Harycki, Mayor RESOLUTION 2010-03 DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, Subd, 16 as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment at this time NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints Larry D. Hansen, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, that the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. ATTEST: ADOPTED by the City Council of the City of Stillwater this 5 day ofJanuary 2010. Diane F. Ward, City Clerk Ken Harycki, Mayor LARRY D. HANSEN CITY ADMINISTRATOR 216 4 STREET N STILLWATER, MN 55082 651-430-8800 PUBLIC NOTICE PURSUANT to Minnesota Statutes, §13.05, the Minnesota Government Data Practices Act, the 'responsible authority" for Stillwater City Offices is: PURSUANT to Minnesota Statutes, §13.05, the Minnesota Government Data Practices Act, the "data practices compliance official" for Stillwater City Offices is: Safety Services: Police Department: ...... Craig Peterson DIANE WARD CITY CLERK 216 4 STREET N STILLWATER, MN 55082 651-430-8800 Inquiries regarding government data created, maintained or disseminated by Stillwater City Offices are to be made during normal business hours (daily 8:00 a.m. to 4:30 p.m., excluding weekends and holidays) to the following designees: Administration: City Clerk: ...,....,...,. .......... Diane Ward Human Resources: Larry Hansen Finance: Sharon Harrison NOTE: Rose Holman, MIS, is the designee to receive data requests in the absence of any of the above-named Administration designees. NOTE: John Gannaway, Chief of Police, is the designee to receive data requests in the absence of any of the above-named Safety Services designees. Public Services: Building Inspections: ........ ...,... Cindy Shilts/John Nobles Engineering: ....,.. ....... ........ ..... Shawn SandersiTorry Kraftson Park & Recreation:.......... ..... Shawn Sanders/Torry Kraftson Planning & EDA: Bill Tumblad/Michal Pogge Public Works: ..... ....,.. ....... .......... Shawn Sanders/Torry Kraftson NOTE: Diane Ward, City Clerk, is the designee to receive data requests in the absence of any of the above- named Public Services designees. Request for data forms are available at the City Clerk's office or on the City's website www.ci.stillwaterrnn.us Requests for data clearly classified as "public" may be received and processed by the designee/staff in the department where the request was made. Disputes regarding the release of data will be referred to Diane Ward, City Clerk, during normal business hours. No data under dispute will be released by city staff. A copy of Stillwater City Offices "Data Practices Policies and Procedures" is available for review upon request. REV 12,9 Attest: Diane F. Ward, City Clerk RESOLUTION 2010-04 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for the term January 1, 2010 through December 31, 2010, as on file with the City Clerk. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council this 5 day of January, 2010. Ken Harycki, Mayor SAND CREAK GROUP, LTD. RESOURCES WITHOUT BARRIERS 610 NORTH MAIN STREET, SUITE 200 STILLWATER, MINNESOTA 55082 IPHONE) 651.430.3383 / 800.632.7643 FAX) 6 5 1.4 30.97 53 www.SandCreekEAP.com Services Provided: The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3 . Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of E,4P counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and when necessary, referral free-of-charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. Employee Assistance Agreement between The Sand Creek Group, Ltd and The City of Stillwater 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. NATIONAL NETWORK OF OVER 10,000 HIGHLY CREDENTIALED PROFESSIONALS ADDRESSING INDIVIDUALIZED EMPLOYEE NEEDS 8 IMPROVING PRODUCTIVITY Coordination of Services: Use of Name: The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. The City of Stillwater agrees to allow The Sand Creek Group, Ltd to list the City as a customer on promotional materials. Eligibility: All employees of The City of Stillwater and members of their household who are experiencing personal, emotional, family or social problems which have direct, indirect or potential effects on work performance or personal well being, are eligible for the services of the Employee Assistance Program. V. Employee Participation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. Reporting: The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. VII Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd for the employee services is as follows: Number of employees 86 (Includes 75 Full time and 11 Part time Benefitted Emvlovees) Cost per employee $22.50 Annual EAP Contract Cost $1, 935.00 Term of Contract January 1, 2010 to December 31. 2010 Optional Services: Organization Development Services $200.00 per hour Trauma Team Services $200.00/1st two hours $100.00 per hour over two hours Bag Lunch Seminars: $200.00 per hour of presentation/facilitation SAND CRggK GROUP, LTD. S.D.G. VIII Fee for Ongoing Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee/family member. IX Modification or Termination of Contrad: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd GMS:jes Gretchen M Stein, Ph.D., CEAP Date President & Chief Executive Officer The Sand Creek Group, Ltd The City of Stillwater Date SAND 0;l< GROUP, LTD. 5.D.G. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/08/2009 Re: Designation of Legal Publications for 2010 The City has received the attached proposals from The Stillwater Gazette, Press Publications, and St. Paul Pioneer Press to provide legal publication services to the City. The Gazette has not raised their rates from last year $4.05 per column inch for the first insertion ($3.20 per inch for subsequent insertions of the same legal notice), Press Publications' rate is $3.75 per inch and the St. Paul Pioneer Press (Washington County section) $15.15 per column inch (Wednesday-Saturday). For over 13+ years, the legal publications have been shared between the Gazette and the Stillwater Courier. The Gazette has published the legal notices and the Courier has published the proceedings of the meetings as required by the City Charter. Since the closing of the Courier, Stillwater Gazette has also published the proceedings. Even though the Stillwater Gazette's rate is higher, their publications are Wednesday through Friday so the requirements for legal publications are easily met. The Press Publications on the other hand is weekly paper so the requirement for legal publications would be more difficult to achieve but would meet the requirements for the publication of the Council proceedings. RECOMMENDATION: ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion adopting a resolution designating the Stillwater Gazette for legal publications and Press Publications for proceeding publication and approving contracts with the Stillwater Gazette and Press Publications. It is recommended that the City continue with past practice and utilize the Stillwater Gazette for its legal publications. It is also recommended that Press Publications be utilized for the publication of proceedings. RESOLUTION 2010-05 DESIGNATING THE STILLWATER GAZETTE (LEGAL PUBLICATIONS) AND PRESS PUBLICATIONS (PROCEEDINGS) AS THE CITY'S LEGAL PUBLICATION AND APPROVING CONTRACT WITH THE STILLWATER GAZETTE AND PRESS PUBLICATIONS FOR 2010 WHEREAS, the City is required to designate a legal newspaper every year; and WHEREAS, the City's Charter requires legal publication of the City Council proceedings. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: Adopted by the Stillwater City Council this 5 day of January 2010. ATTEST: = 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices. 2. Press Publications is hereby designated as the City's official publication for all City Council proceedings. 3. That the contracts for The Stillwater Gazette and Press Publications are hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Diane F. Ward, City Clerk Ken Harycki, Mayor AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2010 THIS AGREEMENT, made and entered into this 5th day of January, 2010 by and between THE STILLWATER EVENING GAZETTE, hereinafter called the "Contractor', and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Evening Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2010, the Contractor will publish all legal notices, excluding proceedings of the City Council, in The Stillwater Evening Gazette. • The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2010 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: $4.05 per Column Inch Second, and Each Subsequent Insertion: $3.20 per Column Inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER EVENING GAZETTE In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL PUBLICATION OF PROCEEDINGS OF THE CITY COUNCIL FOR THE YEAR 2040 THIS AGREEMENT, made and entered into this 5 day of January, 2010, by and between the PRESS PUBLICATIONS, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that Press Publication is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2010, the Contractor will publish all official proceedings of the City Council in Press Publications. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2010 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First Insertion: $3.75 per Column Inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: PRESS PUBLICATIONS In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor December 2, 2009 Diane Ward, City Clerk City of Stillwater 216 4 Street North Stillwater MN 55082 Dear Diane; 6titft»attr A A etre Serving The St. Croix Valley Since 1870 I appreciate the City of Stillwater's request for a quote for publication of its legal notices in 2010. I do request consideration that the Stillwater Gazette be named the city's legal newspaper for the year 2010. The Gazette continues to offer the highest number of paid circulation newspapers distributed within the city, and our publication schedule gives city government many options for presenting its legal advertising to the public in a timely manner. Our Legal pages are also available online at wvvw.stillwatergazette.com. The legal rate for 2010 remains the same - $4.05 per column inch for the first insertion, and $3.20 per column inch for subsequent insertions of the same ad. I look forward to the Gazette continuing to serve the city and its citizens in this capacity. Should you have any questions, or if you are in need of additional information, please let me know. Thank you. Sincerely, Mark Berriman Publisher 651-796-1116 mberriman@acnpapers.com 1931 Curve Crest Boulevard • Stillwater, MN 55082 651.439.3130 • FAX: 651.439.4713 www.StillwaterGazette.com Publications Eugene D. Johnson, Publisher Pat Daul,, Associate Publisher 4779 Bloom Ave,, White Bear Lake, MN 55110 Phone: 651-407-1200 • Fax: 651-429-1242 December 3, 2009 Ms. Diane Ward City Clerk City of Stillwater 216 North 4 Street Stillwater, MN 55082 Dear Ms. Ward: The St Croix Valley Press wishes to be considered as your designated newspaper for 2010. We meet all the requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail, fax at (651) 429-1242, or e-mail to legals@pressoubs.com - clearly identify them as "Legal Notices." The rate remains the same at $3.75 per column inch, in 7-point type at 9-lines per inch. Our deadline for legal notices is Friday by 5:00 p.m. for the following Thursday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sincerely Misc: Stiliwater2Oladoc Lisa Graber Legal Notice Coordinator Your Best Source For Community Information White Bear Press • Vadnais Heights Press • St. Croix Valley Press • Quad Community Press • Shoreview Press • Forest Lake Press news @ presspubs.com ppcomp r presspubs.com pressadvertising @ presspubs.com ppcirc@ presspubs.com Diane Ward From: Schmitz, LulettaUochmhz©pioneerpraan.00n) Sent: VVmdnoodmy, December 02, 2088 2:58 PM To: Diane Ward Subject: RE: Quotation for 2010 Legal Publications The ad you ran 11/11/09 ran iri our legal section, Classified Marketplace and was Full Run, meaning it was in al! ou papers. The rate for 2010 will be $4.56 per line, as it is now, with a supplemental charge of$1 per ad order forthat type of ad to accommodate being accessible via mobile |n early Z810. We can also offer you Washington County Zoriing rates. Those ad orders woud run in the Washington LocaSectior in papers that go only to places within Washington County. The rates for them are different due to the column size wthjn the local section and the papers going only into Washington County verses Full Run. It is $15.l5 per column inch running Wednesday — Saturday; $20.48 per inch Sunday. LuLetta Schmitz Classified Advertising St. Paul Pioneer Press From: Diane Ward [mailto:dward@ci.stillwater.mn.us] Sent; Tuesday, December 01, 2009 11:52 AM Tm:mnberriman6bacnpapes.com;she||mioon@presspubs.conn|Schmitz,Lu|etta Subject: Quotation for 2010 Legal Publications Importance: High Good Morning! Please provide me with a quotation for legal publications in your newspaper for 2010. 1 respectfully request this information no later than December 15, 2009. 1 look forward to your proposal. Please acknowledge the receiDt of this email for mv records. Thank you for your time. Sincerely, Diane Ward City Clerk, Stillwater Memo DATE: January 5, 2010 TO: FROM: Sharon Harrison Finance Director Arbitrage Compliance-Engagement Letter BACKGROUND All tax exempt bonds issued since 1986 are subject to federal arbitrage* regulations. These regulations require that rebatable arbitrage be determined and reported every 5 years and at the time bonds are called or when bonds are paid in full. Attached is an engagement letter with the auditing firm of HLB Taugtes Redpath„ Ltd. acknowledging our understanding of services regarding rebatable arbitrage calculationsireporting for the year 2010. The City has contracted with HLB Tautges Redpath, Ltd. several times in the past for just this same service and have been extremely pleased with the service provided.. RECOMMENDATION Mayor and City Council Staff recommends hiring HLB Tautges Redpath, Ltd to perform arbitrage calculations/reporting for the City for the year 2010. * Arbitrage is the difference (profit) between the amount of interest earned on proceeds from bond issuance and the amount of interest paid on the bonds. Any amount of earnings that exceed the amounts paid (in interest) are "rebatable" to the Federal Government. APPROVAL OF ARBITRAGE COMPLIANCE - ENGAGEMENT LETTER WITH HLB TAUTGES REDPATH, LTD. BE IT RESOLVED by the City Council of Stillwater, MN that the engagement letter with HLB Tautges Redpath, Ltd. and the City of Stillwater relating to arbitrage compliance, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk sign said agreement. Adopted by the Stillwater City Council this 5 day of January 2010, ATTEST: Diane F. Ward, City Clerk RESOLUTION 2010-06 Ken Harycki, Mayor HiLB Certified Pub Ilc Accountants and Consultants ENGAGEMENT LETTER - ARBITRAGE AGREED-UPON PROCEDURES December 22, 2009 City of Stillwater 216 North 4 Street Stillwater, MN 55082 Tautges Redpath, Ltd, We are pleased to confirm our understanding of the nature and limitations of the services we are to provide for the City of Stillwater, Minnesota during the calendar year 2010. We will apply the agreed-upon procedures which the City has specified, listed in the attached schedule, to arbitrage compliance of the City as of the date of this letter prepared in accordance with IRS regulations. This engagement is solely to assist the City in complying with arbitrage regulations. Our engagement to apply agreed-upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described in the attached schedule either for the purpose for which this report has been requested or for any other purpose. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report as a result of this engagement. Because the agreed-upon procedures listed in the attached schedule do not constitute an examination, we will not express an opinion on arbitrage compliance. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule. We will submit a report listing the procedures performed and our findings. This report is intended solely for the use of the City, and should not be used by anyone other than this specified party. Our report will contain a paragraph indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for obtaining the calculation of the arbitrage rebate liability in accordance with IRS regulations; and for selecting the criteria and for determining that such criteria are appropriate for your purposes. You are also responsible for making all management decisions and performing all management functions, for designating an individual with suitable skill, knowledge, and/or experience to oversee arbitrage calculations and tax return preparation services we provide; and for evaluating the adequacy and results of those 4810 White Bear Parkway White Bear Lake, Minnesota 55110 1 651 426 7000 651 426 5004 Fax 1 www,hibtr.com 1314324.1 HI Tautges Redpath, Ltd is a member oI Eiji Internation0, a world-mao organization of accounting I irnas and busress advisors 1 Equal Opportunity Employer 1314324 1 City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 22, 2009 Page 2 services and accepting responsibility for them. The employee assigned to oversee the arbitrage calculation and tax return, preparation services is Sharon Harrison. Peggy Moeller is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. We plan to begin our procedures upon receipt of all items on the "Client to Provide" listing and, unless unforeseeable problems are encountered, the engagement should be completed within four weeks. Our fees for these services will be at are standard governmentai hourly rates. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described .in this letter, please sign the enclosed copy and return it to us. If the need for additional procedures arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. If additional specified parties of the report. are added, we will require that they acknowledge in writing their responsibility for the sufficiency ,of procedures. Very truly yours, HLB TAUTGES REDPATH, LTD, 041 / LUJ Peggy A. Moeller, CPA PAM:cic 1314324.1 City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 22, 2009 Page 3 RESPONSE: This letter correctly sets forth the understanding of the City of Stillwater, Minnesota., By: Title: Date: By: Title: Date: 1314324.1 City of Stillwater Arbitrage Agreed Upon Procedures Engagement December 22, 2009 Page 4 Arbitrage Agreed Upon Procedures — Calendar Year 2010 Responsible Party Procedure HLBTR City 1 Determine initial rebate computation requirements and X computation periods. 2. For bond issues requiring a rebate computation, provide the X information as identified on the attached "client to provide" list. Prepare arbitrage rebate computations.. X 1314328 .1 CITY OF STILLWATER, MINNESOTA Items needed for Arbitrage Rebate Calculation A schedule of cash transactions for each Debt Service and Capital Project Fund from inception through the calculation date. This schedule should indicate the date of the transaction, amount and type (receipt or disbursement). Earnings on investments must be identifiable. 2. Certificate of Purchaser or Underwriters Certificate. This document, indicates if there was a re-offering price adjustment. 3. Arbitrage certificate or nonarbitrage certificate. 4. Finance Directors "Receipt of Delivery" certificate. This document details the amount received from the bond sale. 5. Forms 8038G — Information Return for Tax Exempt Government Obligations. 6. City resolutions authorizing issuance and awarding sale of each bond issue. 7. New Issuance Insurance Policy (if applicable). 8. Schedule of transfers out for the Capital Project Funds: Fund number money was transferred to. Amount of transfer. Date of transfer. Statement that the transfer was reimbursing expenditures already paid at the date of the transfer or the date of the actual expenditures made with the transferred fiands,. DATE: REQUEST: January 5, 2010 City Council CC DATE: January 5, 2010 REVIEWERS: Community Dev, Director PREPARED BY: Michel Pogge, City Planner Accepting Grant from the Minnesota Historical Society for the Hersey & Bean 'Planing Mill Wall Stabilization Plan DISCUSSION The City has received a Minnesota Historical & Cultural Grant in the amount of $4,260 from. the Minnesota Historical Society to develop a stabilization plan for the Hersey & Bean Planing Mill Wall. The grant cover the full cost to hire a consultant to complete the stabilization plan. FISCAL IMPACT The grant will cover the full cost to hire a consultant to complete the stabilization plan. The only cost to the City will be staff time to work with the consultant to complete the plan. RECOMMENDATION That the City Council accept the Minnesota Historical & Cultural Grant from the Minnesota Historical Society in the amount of $4,260. APPROVING THE GRANT ACCEPTANCE FORM FROM THE MINNESOTA HISTORICAL SOCIETY BE IT RESOLVED by the City Council of Stillwater, MN that the Minnesota Historical Society Grant Agreement between the City of Stillwater and the Minnesota Historical Society, as on file with the City Clerk is hereby approved and that the Mayor and City Clerk are authorized to execute the agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 5th day of January 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor MINNESOTA HISTORICAL SOCIETY GRANTS OFFICE 345 KELLOGG BOULEVARD WEST SAINT PAUL, MINNESOTA 55102 G RANT ACCEPTANCE FORM City oY Stillwater (hereafter called the Grantee) hereby si nifies its acceptance of a state grant in the amount of $4,260 from the Arts and Cultural Heritage Fund through the Minnesota Historical Society (hereafter called the Society), in accordance with the guidelines for the Society's Historical and Cultural Grants Program, The grant is Iimited to the foliowing project: Hersey & Bean Planing Mill Wall Stabilization (MHS Grant Number: 31921-10-WA) as described in the Grantee's grant application. Grantee may provide matching funds in the amount of $535 as specified in the application. All grant activities must occur between the project start date and completion date, The start date will conmence with written authorization of the Societys Grants Office, This grant will conclude 7/1/2010. This Project Completioni Date is the date by ch aPI project work m'ust be completed. The Grantee agrees to administer the grant in compliance with the following provisions: 1. FINAL REPORTS a. The Project Completion Report and Financial Report are due within 30 days after the project completion date: 8/1/2010. b. The Grantee agrees to submit the Project Completion and Financial Reports in accordance with the guideIines provided by the Society. 2. COST PRINCIPLES AND LIMITATIONS a. Only the items set forth in the Approved Project Budge (see page four) may be chairged against the grant project. b. Any p ' c1expemsenotspecdOca|hyaporovedintheApprovedPnjectBudgetwiUnotbeallowed except upon written request by the Grantee and written approval by the Society. c. Changes in the Approved Project Budget may not exceed twenty (20) percent of the Approved Project Budget. Changes that occur after the project begins which exceed twenty (20) percent will not be allowed except upon written request by the Grantee and written approval by the Society. d. Changes in the Project Completion Date will not be allowed except UpOfl! writt'en request by the G"rantee and written approval by the Society. e. No grant funds may be used to pay indirect costs, commonly referred to as overhead. 3. PROcEDURE$ FOR CONiTRACTING SERVICES AND MATERIALS a. Any services and/or materials that are expected to cost $20,000 or more must undergo a formal notice and bidding process. In addition, any services to be perforrned by such professionals as architects, consultants, engineers, historical researchers, etc. that are expected to cost between $7,500 to $19,999 must be scoped out in writing and offered to a minimum of three (3) bidders. Evidence of the offering along with copes ofthe bids received must be included in the Grantee's financial records for the project. b. For purchases between $500 and $5,0O0 the Grantee must maintan financiai records that verify the cost was competitively based on at least three verbal quotes. For purchases greater than $5,000 and less than $20,000, the Grantee must maintain financial records that verify the cost was competitively based on at least three written quotes submitted in response to written specifications. 4. MAINTAINING GRANT RECORDS FOR AUDIT a. The Grantee must maintain records and accounts consistent with g,enerally accepted accounting principles, and to provide for such fiscal control as is necessary to assure the proper disbursing of and accounting, for grant funds. The Grantee must maintain records and accounts for this project on file for a minmum of six (6) years after approval of the Final Report. U. The Grantee agrees to maintain records to document any matching funds ciaimed as part of the project. The Grantee further agrees to secure reasonable written proof of the value of Staff or Volunteer Labor, and for Donated Materials contributed tothe project. c The Grantee agrees that accounts and supporting docurnents relating to project expenditure5 wiII be adequate to permit an accurate and expeditious audit An audit may be rnade at any time by the Society, its designated representatives, or any appIicabIe agency of the State of Minnesota, 5. ACKNOWLEDGEMENT OF SUPPORT a. For restoration/preservation grant projects, the Grantee agrees to pos a sign during project work stating: This project has been financed in part with fundsprovidedbvtheState of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society, b. All publicity releases informational brochures, and public reports relating to an approved grant project shall contain an acknowledgment as follows: This project has been financed bn part with funds provided by the State of Minnesotofrom the Arts and Cultural Heritage Fund through the Minnesota Historical Society. 6. HOLD HARMLESS The Grantee agrees to hod the Society harmless from any Foss, damage, or expense --including reasonab|eattorneys'feesandothercnotsofdefense—arisingasthanasultofanydain\mct)on, complaint, or discrimination proceeding, or litigation of any kind whatsoever, directly or indirectly brought about as a result of the funded project, 7, MODIFICATION No person or body other than the Society is authorized to modify any of the terms of this agreement, including the scope of performance and cost limitations herein established, The Society sbaII not be Iiable for any costs incurred by the Grantee, which are not in conformance with the terms, of this agreement, 8. NONDISCRIMINATION a. The Grantee agrees that in hiring of common or skilled labor for the performance of any work on the grant p 'ectthatnncontractpr,matehaysupp|ierorvendorohaU,byreasnnofrace,cneed,co|or b. TheGranteea0reesnoomntrac1or,matmda|supp|ierorvcndnrsha|[ in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in the preceding paragraph, or on being hired,. prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or acflv'ity in a local commission, disability, sexual orientation, or age. 9. DISALLOWANCES religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age, discriminate against any person or persons who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. Any cos paid for with gnamtfundsvvhichisxmbseomemtiyfomnd$obedisaUovvable under audit shall be refunded to the Society by the Grantee. 10. SPECIAL CONDITIONS The Society may require special conditions to ensure that the projects meet applicable standards. a. Alt work will conform to the Secretary of the lnterior'5 Standards for the Treatment of Historic Properties. The final project products (i.e. reports, plans, specifications, etc.) must be submitted to the WIHS Historical Architect for approval. BUDGET ITEM(S) Consultant Staff Grantee: City of Stillwater mfis Grant #: 31921.-10-WA Project: Hersey & Bean Planing MW Wall Stabilization TOTAL Signatures: MINNESOTA HISTORICAL SOCIETY Historic Preservation Department Minnesota Historical and Cultural Grants GRANT $4,260 $4,260 Approved Project Budget Certification: We the undersigned on behalf of the Grantee named above understand and accept the terms of the grant. Michel Pone, Project Director Date Ken Harycki, Authorized Officer Date Federal Identification Number GRANTEE MATCH TOTAL Cash In-Kind $535 $4,260 $535 $535 $4,795 City Council DATE: December 30, 2009 CASE NO.: 09-47 APPLICANT: Teary O'Hara and Lee Sather REQUEST: Transfer of a Bed and Breakfast Special Use Perrnit from Cynthia Hannig to Teary O'Hara and Lee Sather for the James Mulvey Inn LOCATION: 622 Churchill St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family CPC DATE: January 5, 2010 REVIEWERS: Community Dev, Director PREPARED BY: Michel Pogge, City Planner DISCUSSION The applicant is requesting that the special use permit for the James Mulvey Inn be transferred from the current owner Cynthia Hannig to Teary O'Hara and Lee Sather. The James Mulvey Inn currently has 7 units with 5 units in the main home and 2 units in the carriage house. The Lawson's, the original owners of the Mulvey Inn, continue to own, live in, and operate the carriage house in conjunction with the Mulvey Inn. Mr. O'Hara and Mr, Sather have agreed to the conditions of the original permit that are listed below. EVALUATION OF REQUEST All bed and breakfasts require a special use permit. A special use permit may only be granted after the applicant has demonstrated that they have met the 12 conditions for a bed and breakfast. This site meets all of the conditions including the required number of off-street parking spaces and the home was built over 100 years ago. The exterior facade of the building and the name of the inn are proposed to remain the same. 622 Churchill St W Page 2 ACTION BY THE PLANNING COMMISSION The City 'Planning Commission (CPC) held the public hearing on this request at their December 14, 2009 meeting. The CPC voted 6-0 to approve the special use permit as condition in the staff report. STAFF RECOMMENDATION Approval as conditioned. CONDITIONS FOR APPROVAL 1, This Special Use Permit is issued to Lee Sather and Teary O'Hara, and shall not be transferred, assigned or conveyed to any other firm or successive owner, 2. The manager of the residence shall live on-site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of five bedrooms and ten guests per day shall be accommodated at the 622 Churchill St West property at any one time, 5. The property at 807 Harriet St S must not be used as an independent bed and breakfast since it will be under separate ownership and fails to meet the City's 900 feet separation requirement for bed and breakfasts. The property at 807 Harriet St S shall be marketed, operated, and, booked in conjunction with the property at 622 Churchill St West. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special, Event Permit. 8. The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. 'Fhe Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on-site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14, The property owner of 622 Churchill shall help keep the portion of the ravine on their property clean. 15. All previous planning cases related to this property, including but not limited to, Case # 2006-56 shall expire and be null and void upon approval of this Special Use Permit. 16. The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast are received by the Community Development Director. FINDINGS The proposal, as conditioned, meets the intent of the City's zoning ordinance for Bed and B re a kf as ts. A ttachmen Applicant's Form and Letter A RESOLUTION APPROVING A SPECIAL USE PE IT FOR A BED AND BREAKFAST AT 622 CHURCHILL ST W CASE NO. 2009-47 WHEREAS, Teary O'Hara and Lee Sather made application for approval of a Special Use Permit for a Bed and Breakfast at 622 Churchill St W; and WHEREAS, the subject property is zoned R13, Two Family and within the RB Zoning District a Bed and Breakfast is a permitted use with a Special Use Permit; and WHEREAS, the Planning Commission held a public hearing on December 14, 2009 and recommended approval of the Special Use Permit for the Bed and Breakfast; and WHEREAS, on January 5, 2010 held the City Council a public hearing to considered granting a Special Use Permit for the Bed and Breakfast. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approve a Special Use Permit for a Bed and Breakfast with the following conditions: This Special Use Permit is issued to Lee Sather and Teary O'Hara, and shall not he transferred, assigned or conveyed to any other firm or successive owner. 2. The manager of the residence shall live on-site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of five bedrooms and ten guests per day shall be accommodated at the 622 Churchill St West property at any one time. 5. The property at 807 Harriet St S must not be used as an independent bed and breakfast since it will be under separate ownership and fails to meet the City's 900 feet separation requirement for bed and breakfasts. The property at 807 Harriet St S shall be marketed, operated, and, booked in conjunction with the property at 622 Churchill St West. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special Event Permit. 8 The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on-site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14, The property owner of 622 Churchill shall help keep the portion of the ravine on their property clean. 15. All previous planning cases related to this property, including but not limited to, Case # 2006-56 shall expire and be null and void upon approval of this Special Use Permit. 16. The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast are received by the Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of January, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk DATE: REQUEST: December 30, 2009 City Council CASE NO.: 09 Conditional Use Permit to locate wireless antennas on an existing communication monopole with necessary ground appurtenances. APPLICANT: David Fischer for Clear Wireless LLC dba Clearwire LAND OWNER: ISD #834 (Stillwater Area Schools) LOCATION: Northwest corner of the site at 523 March St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two-Family Residential MEETING DATE: January 5, 2010 REVIEWED BY: Cornmunity Developrnent Director PREPARED BY: Michel Pogge, City Planner WI BACKGROUND David Fischer for Clear Wireless LLC dba Clearwire has made application for a conditional use permit to co-locate on an existing communication monopole and to install necessary ground appurtenances on the Stillwater Junior High Site at 523 Marsh St W. The existing multi-purpose tower is 90 feet tall, Currently on the tower, stadium lighting is located 90-feet high and antennas for T-Mobile are located 80-feet high. Clearwire proposes to locate their antennas at a height of 70-feet. Necessary appurtenances include a proposed 7' by 7' lease area for ground equipment. All of the equipment will be located inside the current fenced area. Clearwire is a provider of WiMax data service. WiMax is a fourth-generation, or 4G, wireless technology that is advertised to run 10x faster than current 3G wireless data service. Unlike traditional cellular service providers, Clearwire is a wireless broadband ISP (internet service provider) and does not provide traditional voice service like Verizon, T-Mobile and other similar cellular service providers. Clear Wireless LLC dba Cleat CUP December 30, 2009 Page 2 SPECIFIC REQUESTS An antenna co-location within the City requires a Conditional. Use Permit) Therefore, Mr, Fischer has requested a Conditional Use Permit for the collocation of Clear Wireless LLC dba Clearwire equipment on the existing tower. EVALUATION OF REQUEST A Conditional Use Permit when the following conditions are rnet Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts; This is not applicable to this request. 2. Ali antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or city, state or federal regulations. This is a collocation on an existing and approved multi-purpose tower that includes stadium lights and communication antennas. As required of T-Mobile, staff recommends a condition that Clearwire's antennas be painted a color that matches the tower. An antenna placed on a primary structure may be no taller than 15 feet above the primary structure, Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. The first part of this requirement is riot applicable to this request. For the second part, as required of T-Mobile, staff recommends a condition that Clearzoire's equipment cabinets and the platform be painted a color that matches the wall of the existing press box. 4. Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of Stillwater's residential areas. Since this is a collocation request on an existing tower, this request is not subject to design review. 5. Minimum land area for freestanding monopole site in residential districts is one acre The subject parcel is just over 37 acres in size and is part Stillwater junior High site. '01y Coc0c Ch. 3 II -5 11. , I. bd 3 ((0,L1c Ch,. 3 0 -5 0 2.. S0000 30,0) Clear Wireless dba Clearwire CUP December 30, 2009 Page 3 6. A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. The existing tower is only 90 feet tall and therefore neets the height requirement fo collocated users. 7. A tower may not be located within 100 feet of any existing or planned residential structure. The tower is over 350 feet from any existing residential structure. There are no planned residential structures in the area that would be impacted by this tower. A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2 of this Section 31-512 subject to design permit approval. The tower is approximately 450 feet from the nearest right-of-way and 350 feet away from the nearest property line. School sites is one of tile preferred locations as listed in Section 31-512, Subd. 2. ALTERNATIVES The City Council has the following options: Approve the requested Conditional Use Permit with the foliow conditions: a. All revisions to the approved permit shall be reviewed and approved by the Community Development Director. b. No additional signage is allowed, except for required regulatory warning signs. The applicant shall submit all required regulatory warning signs for review and approval by the Community Development Director prior to installation. c. The antennas shall be painted the same color as the adjacent tower. The determination on when the antennas shall be repainted will be made by the City of Stillwater Community Development Director. Clearwire, or the current tower owner, shall repaint the antennas within 90 days after receiving notice by the City. d. The equipment cabinets shall be painted the same color as the adjacent press box. The determination on when the cabinets shall be repainted will be made by the City of Stillwater Community Development Director. Clearwire, or the current tower owner, shall repaint the platform and cabinets within 90 days after receiving notice by the City. 2. Deny the Conditional Use Permit. With a denial, the Council is required to provide a written finding of fact supporting a denial. Continue the public hearing until January 19, 2010 in order for the applicant to submit additional information. The 60-clay decision deadline for the request is January 9, 2010; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. Clear Wireless LLC dba Clearwire CUP December 30, 2009 Page 4 ACTION BY THE PLANNING COMMISSION The City Planning Commission (CPC) held the public hearing on this request at their December 14, 2009 meeting. The CPC voted 6-0 to approve the conditional use permit as condition in the staff report. STAFF RECOMMENDATION City staff believes that the proposed collocation satisfies the necessary conditions for a CUP and therefore recommends that the City Council approve the CUP with the two conditions detailed above. attachments: Applicant's Letter and site plan RESOLUTION 2010- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CO-. LOCATE WIRELESS ANTENNAS ON AN EXISTING COMMUNICATION MONOPOLE TOWER WITH NECESSARY GROUND APPURTENANCES AT 523 MARSH ST W FOR CLEAR WIRELESS LLC DBA CLEARWIRE CAS.E NO. 2009-48 WHEREAS, David Fischer for Clear Wireless LLC dba Clearwire made application for approval of a Conditional Use Permit to co-locate wireless antennas on an existing communication monopole tower with necessary ground appurtenances at 523 Marsh St W; and WHEREAS, on December 14, 2009 the Planning Commission held a public hearing and recommended approval, with condition, of said Condition Use Permit request; and WHEREAS, on January 5, 2010 the City Council of the City of Stillwater held a public hearing on said Condition Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a Conditional Use Permit to co-locate wireless antennas on an existing communication monopole tower with necessary ground appurtenances at 523 Marsh St W subject to the following conditions: a. All revisions to the approved permit shall be reviewed and approved by the Community Development Director. b. No additional signage is allowed, except for required regulatory warning signs. The applicant shall submit all required regulatory warning signs for review ancl approval by the Community Development Director prior to installation. c. The antennas shall be painted the same color as the adjacent tower. The determination on when the antennas shall be repainted will be made by the City of Stillwater Community Development Director. Cleanvire, or the current tower owner, shall repaint the antennas within 90 clays after receiving notice by the City. Clear Wireless dba Clearwire 523 Marsh St W Page 2 of 2 The equipment cabinets shall bc painted the same color as the adjacent press box. The determination on when the cabinets shall be repainted will be made by the City of Stillwater Community Development Director. Cleat or the culTent tower owner, shall repaint the platform and cabinets within 90 days after receiving notice by the City. Enacted by the City Council of the City of Stillwater, Minnesota this 5 day of January, 2010, CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ING ADMNIS CONINIUN OF SILLWA 216N0 FOU R NIN 55092 P T1ON FORM PROPERTY IDENTIFICATION Signature Cm No F F Special/Conditional Permit Vidence Rearbdtvidon divIdon* pnohendve Plan Amenamonr joning Amendment* Planning Unit Development • Oedificate of Compliance Lot Line AdJudment *An escrow fa • II also requited to Abet Me coal& Oath:nay and engineering hes. Me New kw requested action are attached to Otis applicadon. The applicant la responsible far Ote completeness and accutecy of all font's and *imparting material seinniOnd in calimegan with NW aPtalicaSon‘ All supporting material (I e., photos, sketches, elm) guild with application becomes the "tope* of Me CV of itillwaler. Sixteen (10) copies of supporting material ere required, if application kr submided ths Cf4/ Cowell, twelve (12) revise of euppordng maletial are required. A site plan showing drainage and setbacks ht required WO applications. A compfele doge/ deeedollon U atilihet property h reqvlvd. Any incompieie applicaihn or supporting maktrial will delay the application process. Aft manning corurieeker approvals, Mere is a fO•day weal period. Once the '10-day appeal period has ende4 the applicant will receive a zoning use permit which must be signed and auturritted Mit to obtain the required building permits. Addressor Project A iM,c4r. 57, <4..(1.. 4zj ccav Alan.** Perrot No.11.312302 CID (GEO Code) Zoning District f Detafplion of Project 3 65 1\44114k. Pr hereby stab, the foregoing atstementa and all dela, information and evidence submitted herewith In all reepects, lo the beat of my knowledge end belief, to be Poe and correct, lfUmIsruflM, 1 will comply with the permit if it is tried and wed.' Property Owp Reprownlative 4. Meiling Addres i tiSkt4 Mailing Address CIty - Stele • Zl2-k; f L4'J S a ? - CIIY••Stala • Telephone No. 5 1- 35 g3(. J,T iephone No, (6 S Igna (Ur IN,AC)0 PLANNING ADMINISTRATION APPLICATION FORM SITE AND PROJECT DESCRIPTION Lot Size (dirnensions) x Total Building floor area squaw feet Land Area Existing square feet Height of BuiidIngs Stories Feet Prnpoaed square feat Principal Paved Impervious Area square feet Accessory No. of off -reet paridng spaces Mlmmamora\shells P P WI 9, Case No: Date Flied: Fee Paid: Receipt No.: Clearwlre Legacy LLC Check Date : 23-OCT-09 Vendor Nct, ; 2370 Vendor Name CITY OF STILLWATER Invotos Number Invoice Date Doscrtption Doe Amount Discount Amount Exliondod CRIO2009 20-OCT-09 MN-USN= ZONING FEE woos 0.00 Clearwlre Legacy LLC 4400 Carilifon Point Kirkland, Wa. 98033 Ph: (425) 216-7600 Was Fargo Dm* NA 115 Mosplud Othe V Wert, Oh 45821 VOID AFTER BO DAYS Pay: Five Hundred Dollars Arid 00 Cents"*" To the Order or; CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 United States Date 23-OCT-09 II•11359 27r 40 2038 241: 96000900 r 500,00 No. 00135927 0.00 500.00 Awp No. 00135927 00090028 Check Number Ch k Amount 00136927 ••"""600.09 I ';111'1 111 41 1,111 111',1 11 q11 11 111: 111 ' 1 November 17, 2009 City of Stillwater Michel Pogge City Planner, AICP 216 N. 4th Street Stillwater, MN 55082 Re: Clear wireless LLC Site Number & Name: MN-MSP0386/Stillwater-S Everett W& Martha St. S. Clear Wire Antenna collocation on existing T-Mobile Central LLC Light Standard Monopole (T-Mobile Site #A INI 87/Stillwater Junior High School) located at: 523 W. Marsh Street, Stillwater, MN 55082. PIN #: 3303020240003 Dear Mr. Po BUELL CONSULTING, IN 2324 Unlverstty Avenue West, Suite Saint Paul, Minn 55114-1 (651) 22 Fax (651) 5 e and Stillwater Planning Commission, Buell Consulting Inc. is working an behalf of Clear Wireless LLC, a Nevada limited liability company to perform site acquisition services, which includes leasing, zoning and permitting for the Clear Wireless LLC, WIMAX Wireless Network in Minnesota. The proposed installation is to locate the Clear Wireless LLC antennas on the existing tower owned by T-Mobile Central LLC a/k/a T-Mobile. Clear Wireless LLC is requesting approval for a Special Use Permit to install antennas on the existing 90'AGL T-Mobile light sten monopole and is proposing to mount antennas and microwave dishes at 70' AGL. Clear Wireless LLC proposes to install an outdoor equipment cabinet located within a 7' X 7' lease area south of existing T-Mobile monopole within the existing fenced compound (as shown on the zoning drawing attached). The existing T-Mobile tower is located within the (RB Zoning District) Residential Two-Family located at the Stillwater Junior High School located at: 523 W. Marsh Street, Stillwater, MN 55082. The proposed Clear Wireless LLC site is needed for the market launch of the Clear Wireless LLC WIMax Network in Minnesota. Clear Wireless LLC continually strives to improve the quality and coverage of their wireless service areas by adding additional communication facilities in markets where they currently have no WIMAX Wireless Network in order to meet inert demand from their customers. Applicant: Clear Wireless LLC, a Nevada limited liability company. Applicant's Agent: Buell Consulting, Inc. 2324 University Avenue W Suite #200, St. Paul, MN 55114 Site Development Agent: David W. Fischer Email: dfischer@buellconsulting.com Ofc: 651-225-0784 Cell: 612-366-8944 Fax: 651-225-0795 1 : 4 Site Acqualtion Permitting Est, 199 Proposed Site location: 523 W. Marsh Street, Stillwater, MN 55082. Facility Owner T-Mobile Central LLC a/k/a T-Mobile Parcel Identification Number: 3303020240003(See Legal Description Attached) Applicant Information: Clear Wire] LLC, a Nevada limited liability company. CONCLUSION As indicated above, the collocation of the existing telecommunication facility will not be detrimental to the public health, safety or welfare of persons residing or working in the neighborhood, or be materially injurious to the neighborhood, or the general welfare of the City of Stillwater and Washington County. The proposed facility will not place any burden on traffic, nor will it result in objectionable levels of noise, odor, dust or dirt. In addition, the frequencies used by CLEARWIRE LLC are well below the threshold and within the parameters established by the FCC. The p ; -« CLEARWIRE facility will not interfere with any police, fire or emergency communications or n .y televisions or radios due to the separation in the frequency ranges used by CLEARWIRE Wireless and from those used by other communication devices. The FCC controls and regulates the operation of all the telecorrununication equipment and devices to be used at this proposed facility. The proposed facility will conform to all FCC standards and regulations. David W. Fischer Site Development Agent Buell Consulting, Inc. 2324 University Ave W, Suite 200 Saint Paul, MN 55114 Office: 651-225-0784 Mobile: 612-366-8944 dflsche Obbu wi- lif *I* 40 Mit 2 z z 0 N EVINO 'NW VILWATILLE .1331W1 HSVII 'MI MS V SIAM LI n ,n , ont ! lb 1 I 8 111110111 < In beit tit it 1 hilinlihdel lif 1 b .11 i I II II 11 vit h 1h1 Ji C 1 7 = rn 1131.1/M11LLS EDIVIV AS WS OdSW 14 kilo% it . — 1 MN-MSP0386-A 523 W. MARSH STREET STILLWATER, MH. 55052 C.* 1 • 523 W. MARSH STREET STILLWATER, NH. 55032 MN-MSP0386-A NNW MN-MSP0386-A 523 W. MARSH STREET STILLWATER. MN. 53082 I 0111111111101 "0"0"0"0"111. 010010000 IIIIi111 I 111 R11? Standard 1 Set of 9 Rails trio 11 MP' 1 0. 1 m.,001. 00 „,11 000 0000000000 1 0.0.0 0(000 0000,00000000000000000000000 '11('11,111, 0 oom00 00 1 00 1111111111111111 11 00110010 000000000000 11111,, rir 11[[ III11101 111 0 oloyo11111 poloolovuoo 111111111111 11,111411 '111°°1V(V 10000,n1',11111)1 ,:1 , 011 , LS - Fully adjustable & alodine ROH X 2D X 5"W (19 9f2 Rck rACANAP■allaolliwORARIStilettit Y D X 9 OD-50DX = ENCLOSURE PAINTED ALUMISMELD - Top cover, shades cabinet from the sun LES - Stainless steel - NEMA pgr uxr '0000 , 11111 111111 1111111111 II,1,1,1,1,1,1,1,11 1111111111111111111111111111111111111 411111111111111111111111111111111111111111111111111111'1111111111111111111111111111111111111111111111111 11 1,00 „IllImmdI 111111111111111111111111111111111111111111111111111111111 11 EEEEEEEEEEEEEEEEIEE000J10100„V0E01EilE00!05 ,V,1,1,111111111,111111,,1111111 1111111114 + 1111111111111111111111111111111111111 1,1;',111&:.11111 '1.1„1",1:1:1111111111111,....) 111111111111111 1 1111111111111111110000100100001 111111111111111111111 1 111 1. 1111H6 VI. 111111111111111111111111 1111 „ 1 11111111111111 0 111' The OD-50DX is the superior design in communication cabinets, being as rigid as steel & yet noti bly lighter the old heavy steel constructed cabinets. This is de possible with our own aluminum recipe called AL rLEX. The OD-50DX offers the protection needed for any severe outdoor environment. The OD- 50DX is constructed of .125 ALUMIFLEX material, & comes with an 'tional .125 ALUMISHEELD top cover, thereby fully 1"1,111111 your equipment from falling ice and the sun's beat DOO - Front and rear secured with etration Ultimate security is provided by a three paint locking three point locks and padlocking system, which utiliizes a NEMA stainless steel padlocking handle. handles Unlike steel cabinets, the OD -50DX, made of ALUMIFLEX, will operate without affecting or being effected by RF influences. VENTS - Front & rear, top & bottom, Outdoor cabinets are the alternative shelter solution for todays complicated zoning requirements. So whether your installing a new shelter or adding room to your existing one, the OD -50DX is the ultimate solution. filters supplied ERAL TOP i120 Lbs. =bled 160 Lbs. shipping weight Doors: Two - secured by three point locking system Locks via customer supplied padlocks 'Sealed with 13/16" aluminum tilled gaskets Materials:! IA 25 ALUMIFLEX ' Finish: Flat aluminum RF properties: Non- ferrous Vents: Twelve bottom louvers per door Six top louvers - In top cover - under ALUMINSHIELD One removable filter panel per door Six fixed filter pads in top cover Stainless steel Exterior Sere : 'Stainless with NEMA washers & nylon loci nuts CENTER Spacing: I Positioning: Useable Reig Useable Depth: F TWO stand Alodine coated Holes tapped to 10 x 32 threads Each rail supported by three R- STRUTS 1,125 material (ALUMIFL 19" EIA STANDARD All rails fully adjustable from fron ,54 inches !Maximum: 21 1/2" *Sect Starting & Ending Points 46.75 �... ' - 50.00" 46.57 " - 46.75" 31.00 " - 46.57" 19.00 " - 31.00" = 3.43 " - 19.00" 3.25 " - 3.43" = Vertical Heigh Per Section 3.25" .......... .18" .......... j 15.57" .......... 15.57" .......... 12.00" ...... 15.57" .......... 11, LI C' 'u Minimum 19 3/4" (See below Each Section ...Useable area depth /2 Useable area depth of ....20 ....Useable area depth of ....21 1/2" ....Useable area depth of ....21 1/2" ....Useable area depth of ....19 3/4" ....Useable area depth of ....21 112" BOTTOM I 0.00-3.25" = 3.25" ..... .........Useable area depth of —.21 1/2"i Section measurements start from the bottom of the cabinet (0.00") kaily upward towards the top of the cabinet (50.001: Main Body: AJurnisbield: Handles Total Space Occupied: Wid • 472 c es • eigh 45 13/16 inches' d th: Depth:1 Width 25 1/2 inches ' Height: 50 1/4 inches 1Depth 25 1/4 inches !Width: 28 1/16 inches Hang down height 1 3/4 inches Depth: 271/4 inches Protrude 1 7/8 inches Width: 28 1/16 inches Height: 50 1/2 inches 1)epth: 29 inches INSIDE CLEARANCE - LESS 23 5/ inches i50 inches ,See racking spec's - useab RAI i Ncs 'CLASS: 250 !TYPE: 4 , OD: SEVEN YEARS - UNCONDITIONAL, f.„ LAJl R-2-80: X: CA-4: depth. chart above 1,1 extra 50" rails & mfg. tray Kit (4) & mfg. The OD-50X is shipped fully assembled, but can be easily knocked down 111111111111111111111111111111111tittittittlitom11ftylNcittNygig7t1:4:11::q1,:16,11 re-assembled at your site, if desired. Home 1 Indoor Cabinets I Outdoor Cabinets 1 Accessories 1 New Products' Company Information (800)753-8459, or (405)665-2876 le 1. lOf I. copyrightCa DDB Unflml All rights " p.�x';'r ,.= ter•. Y' r . Ne' in �lFt nwiY uidlllllllllf�liiiii liiip'Y�rr , "�u� a .,;;'muuuuuuuullll��(IIII "' °, " uuuum II ui 11111111111111111 1111111 11111111111111111111111111111111111111111111111111111111111111111111111 11111 1111 1111111 ,,, o1111111111111?11 io, 11 '111111111111111111 , Hrh11111111111111111111111111 1„i„.„„„„„„„„00000000000000000000000000000000000000000.100000„.„ tv,1000000000000000000000000000000000000000000000000000000000000„bli.iiiiiii. 11. oloo rsiorrrro11* or rta .1!,j111111 001,1 \ 1 11101 luul . „.„.,r, 11 ' 1 1',11o , 11 1 r1 STILLWATER 3R. HIGH LEGAL TAX DESCRIPTIONS: PID 3303020240003 - Sect -33 Twp-030 Range -020 SE1/4 OF SE1 /4 OF NW1 /4 & 333020 E1/2 OF NE1 /4 OF SE1 /4 OF NW1 /4 EXC W 300.38FT OF N 60FT OF E1 /2 OF NE1 /4 OF SE1 /4 OF NW1 /4 - SECTION 33 - AND: PART E1 /2- NEIJ4- 5E1 /4 -NW1 /4 OF SECTION 33 TOWNSHIP 30 RANGE 20 - BEING THE WEST 130 FEET OF THE NORTH 60 FEET OF SAID1 /4 -THIS PARCEL CON- TAINS 7900 SQUARE FEET MORE OR LESS AND:5 ACRE W1/2 -NE1 /4 SE1 /4 -NW1 /4 OF SECTION 33 TOWNSHIP 30 RANGE 20 AND:PART NW1 /4- SW1 /4 -NE1 /4 OF SECT- ION 33 TOWNSHIP 30 RANGE 20 BEGINNIN AT SOUTHEAST CORNER OF SAID NW1 /4- SW1 /4 -NE1 /4 OF SAID SECTION 33 AND RUN NORTH ON WEST LINE OF SOUTH 6TH ON WEST LINE OF SOUTH 6TH STREET A DLSTANCE OF 439.97 FEET TO AN IRON PIPE THENCE WEST AND PARALLE TO SOUTH LINE OF WEST HANCOCK STREET A DISTANCE OF 385.6 FEET TO AN IRON PIPE THENCE NORTH AND PARALLEL TO WEST LINE OF SOUTH 6TH STREET A DIS- TANCE OF 200 FEET TO SOUTH LINE OF WEST HANCOCK STREET THENCE WEST ON SOUTH LINE OF WEST HANCOCK STREET A DISTANCE OF 280.2 FEET TO WEST LINE OF SAID NW1 /4- SW1 /4 -NE1 /4 OF SAID SECTION 33 THENCE SOUTH ON WEST LINE OF SAID NW1 /4 -SW1 /4 NE1 /4 OF SECT- ION 33 A DISTANCE OF 632.81 FEET TO SOUTHWEST CORNER OF SAIO NW1 /4 SW1 /4 -NE1 /4 OF SECTION 33 THENCE EAST ON SOUTH LINE OF SAID NW1 /4- SW1 /4 -NE1 /4 OF SECTION 33 TO PLACE OF BEGINNING AND:SW1 /4 -SW1 /4 NE1 /4 OF SECTION 33 TOWNSHIP NEI /4 OF SECTION 33 TOWNSHIP 30 RANGE 20 CITY OF STILLWATER PID 3303020240005 - Sect -33 Twp -030 Range -020 5A PT W1 /2 OF SE1 /4 OF NW 333020 1/4 BEING THE E 165.1 FT FIRST WARD r 111 r5, is i,r! sl .. CrtIs.n ,t: 1 • tVernrArti h. 7)_.T' !h , ,.. 7:•7;) ¢.ctrl b;r 11 . slid pee ' nou //deter, era.__..:._ lrrre2 +y grant'. n. S auccetaata sisvi ar rtfre, Fare = r, Jt: the epics .... . . nrd !;tole a) . 3i ^J7Vr��tf 1 -I r .t the Cauettf (2 `rarer r;6 •c .,.;,V fi eZ i; i ... R!: . =a. of C1 :2 J�rt! bor and __ - -� •', .',G•..- S' i j -. r r !',mty ylcnraOLlt , j• ir Under !ht!nuenrrhr ,e s.� a f'7:.1 _ r . (_ _L , i 171 :til- .pt1r t of -Carl :tort:.- ~ �Yrd : tiller ter of 1 - rtor {!;�.of Slit of 2:1'}), �e tlno Tr.irt :et:�e Wt, sicor -ttrt; nt fDti7tG: 345 t rorr,rr of -n1 - ' ^r 1``l• Rf ``t• Eke .":i' --rf . Nnalrtar of tt1! Sc ;2'aarthr CU •af .j.D h'`# ).c` na1 iaC:lut•' °- 11-17 -ter (1l} , ti2rl rtirtrs7n,� tiorth c: ,:ha 'went l:r,r q: 1�:t_htri r r r',rar:,:ss 1 of feat -to .Y _Lraa p3pr.. tirsr['ant ;.D:'stLel- to irc .':1ULh..ine of Went Ftv :cac 5[rsteh, a d.1.1racv o: ]95. f +•.+; to nri :roc, r;tpo tuwnee•.tarth t'i :;, t Of _Sa;:tr rte Streot, L C1.C1t7 „ye at' feet to the+ :in+i:.h .:1-.e of •:!nears. - :rrne, thrr.r_et Woof o-: -:a tat;:h :.5ne, of ••<et imeack eltt.:xr = . Dr” :fiC ? fens to .:N1- +f!rest it of nel,t Fort'cttart ,carter c• tLr fn :n'.et: ur :hw artheast giort.r 1 :11V-i . ' ski-of !+7:}) o cral•1 SP; :1or ^:y•tr1 -1-n 1'31; or. :he vrtct 1.tne of at1:d :ari :rent +,:niter ,i i—..,• 5r,u.l`: • q . sh.. ^Le 10f tt.n Yorlrrnnt quur'cr. 1.17V. of Sa ?: 1.1i:4; of n :.i of b;!i:61 feet :a t`■ 5=1-. WE 1C Cr,-ter tr•r'oe :r. r. 54.::r+rr is '..;::n rttr of :ha i+o:tkani: ..,rtr•.yr - ;few c: �j u: ::Ft: tf :ic.t::cr. trt+Ae:r FJS?f: an int 131 Laltl 13 r' J: • t9 • • o mx an .I u s s .. awry, a r :ct :i: h 1-a_ ,r- crc. ' n■e+t . `r" [ r 557 , ! ,1 ter. c,_,., Cee'JneOStl'Jrtfir.( t in a•N Ill•: e1- n7 {"reylr 7 c - to the j Srs of thi'.:rvi: nd! • i' ■ r 1 aiitens.'F'tt. ;-r. ,lr'tl'[ha•rail , 1r..,.. 1. :::,. 1- n,na int• : r !1-,`':R ... - ' - : . . . .. .......... ..._.. __ :. .. ... r, net? f- l/.r Alit purr. fur Cttl'r:r,elt, :X141 =. . .. he,rr, (rer :dora ar,- ualcclns.+( rt:r :ea. ... . 1-10 winant Nit) rhr t.r:d ; a r the I.•+Iirh;! per:. Yf• suer. rwr] ::ne1 nuien fls.if .. =' n :C . ...wry MJ tr,.freirf the taa1$ and F.ren:i ff. nf• r+anrd. hart' . pct's r,eht t:. iris' an .r-tier aqd.( '7 afriNssilstii n Chat. te.r I,tn.r' ore feet f lare q;. 1 fl r•er.h; 8 rah r., •ahat+t t /ran rl)r . 61 . 1. 1 ".• O /c�vr.dE::rr; L!t , t; khia Or anti "1-r[ 11,1-7 7s' 1Cp al-the /Isis M1 t1- .1-1 i-�i11 y �r - T "rri f r [ }. . a? t ]. .r t- 1 0+1-Y J.t! t tli.:� ♦ Cjl: Y" r rrn ,n+.n, Yn as sit Wet g& nr: itsw, uLrartt.YL Qil )- f ;rssstsf Ninere, if env, .Y t�r F: J Cj � rrY 1-y 74 r it SR 4 iil2V4/7 fIJ 1• ufr 'AJ 11 ;,a, ]Y r'rlruti�;• r O prjyut ^ICCcysu r'.w . �rl swciatul 0 0424 pu ;aul ;.. puy J�:wr.1 1'yU` fonol4o. 3 33 -trunnionY DI30 Monads Us Mao Co In %.a, (IMP Inifirtiosidd SF Coo :Minim U Prima* No delinquent taxes and transfer enttd CerlInrole 01 fled Nstale ‘'*ha ( ) Bled ( r-.4-nr51 required Cerlifro.te of Real ESRA le VOIV No._ , 19 Data: FOR VALUABLE CONSIDERATION. STATE Or MINNESOTA COUNTY OF /Wm livetl fo i11111 I IWO IfYINY.SVA..V HOLSTER LAW OFFICE 124 South Hacond Street Stillystar, MN 55092 513575 Count Auditor /4 Deputy •1 • ---- TIMINFTFONFSTWASDRAFTEDOYINAMEAMOAODROSIO1 1I•er Cs. 1 C2 U 1 del •I•k :3575 1.C4,3113 ltts. .1 rA.,01.51!t ‘.11. POI , •N ilar•iot 1, Schubert WaShington The foregoing Instrument war acknowledged before me this .. day of by Harriet 1. Schubert, a single perapn STATE D .ED 'FAX DUE HEREON: 5 A jo c • -.I..- Juno 2t.1b_ *wit_ jlc, so8j. (rewrytii for recording data) lisrr1et 1. Schubert, a single parson Grantor Wasno hereby convey and I " P d t School District No. S34, Washington County, warrant (a) to Minnesota ,Grantee, a __munitimi-WIPpr" Under the balsa of Minnosota real properly in Washington County. Minnesota described as foflonm: The Rost 130.00 feet of the north 60.00 feet of the East Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Soction 33, Township 30 North, Range 20 Wont, Cit.) of Stillwater, Washington County, Ninnottota. This Parcel contains 7000 square feet, nors or leas. 14 own warn is rill ded, c tuck} • tograhor wJ all heredikunents and appurtenances belonging thereto, subject lo the following exceptions: June .1 Grantor (a). 4470-A4aM MONA OF MOON ?AKIO A oickowLa DO NT Mitt •"41:L.E .I.ti. ki-- 4-d ai 5,19a RogNi PI Capitol Square 550 Cedar Street Saint Paul, Minnesota 55101 612/296-6104 April 23. 1992 Dear Mr. Parker: Dan Parker Independent School District No. 0834 1875 Greely St. South Stillwater, MN 55082-6094 Attached is the certification you requested involving what is now Independent School District No. 0834, Stillwater. Sincerely, Leonard R. Nachman, Supervisor Organizational Alternatives LRN:SAS ATTACHMENTS An Equal Opportunity Employer STATE OF MINNESOTA) )SS County of Ramsey ) This is to certify that School District No. 9 (Stillwater) of Washington County, along with others. did become a part of Independent School District No. 106 (Stillwater) of Washington County by Order of Reorganization, dated the 24th day of August, 1953; Independent School District No. 106 (Stillwater) of Washington County did become Independent School District No. 0834 (Stillwater) of Washington County by Order of Dean M. Schweickhard, Commissioner of Education, dated the 6th day of September, 1957. Subscribed sworn to fore me this 23rd day of April, 1992. 0,4.et 4.t.‘4„Aikor '"`," ".• a.„ Leonard R. Nachman, Supervisor Organizational Alternatives REAS Laws of 1957, Chapter 947, Article 1, Sec. 2, provides: O R D E R "School districts shall be classified as common, independent, special or associated districts, each of which is a public corpora- tion. Each district shall be known by its classification and each shall be assigned a number by the commissioner so that its title will be .....school district number ....." and, WHEREAS Laws of 1957, Chapter 947, Article X, Sec. 1 , provides: "Subdivision 1, As soon as practicable after the passage of this act, the commissioner of education shall, by order, assign an identi- fication number to each district. The assign- ment shall be made so that each classified district has an identification number which is exclusive to it in its classification." "Subd; 2. Upon making the assignment of an identification number, the commissioner of education shall forthwith notify the clerk of the district and the county auditors of the counties in which any part of the district lies of the identification number assigned. A certified copy of the order may be recorded in the office of the register of deeds to show the new legal name of the district." "Subd. 3. From and after the making of the order, the legal identification of the district shall become and be as assigned. All records, correspondence, reports and references to the district shall thereafter refer to the district by its proper title as assigned." and, WHEREAS, the commissioner of education, acting pursuant to and under the authority granted by the foregoing statutes, has assigned an identification number to each of said school districts as shown on and by Exhibit "A" which is attached hereto and made a part hereof by reference thereto; Cover) NOW, THEREFORE, IT IS HEREBY ORDERED, under and by virtue of the authority granted by the aforesaid statutes, that said school districts, and each of them, shall be, and hereby are, assigned the res- pective identification number as shown on the attached Exhibit "A", and that from and after the date herecif shall be legally identified by said number so assigned. Dated at St. Paul, Minnesota this 6th day of September, 1957. Dean M. Schweick ard Commissioner of Education WASHIN7TON wan Dist. 38 (d) and attached to Chisago City abd Forest Lake 1948 Dista. 11, 54 and 69, and parts of Dists. 10, 44, 60, 62, 63, 70 L-11-f and 76 included in Mahtomedi Reorg. Sc). Dist. 101. Dists. 29, 36 and 68 and parts of Dists. 30, 31 and 47 included 5-4-5C in Newport-St. Paul Park Reorg. Sch. Dist. 102. Dists. 21, 23, 24, 39, 46 and 66 (c) into Dist. 22 (Afton-Lake)ina 5-20-' Dists. 44 and 78, and part of Dist, 51 included in White Bear Lake 2-21-5 eorg. Dist. 39-103 Jt. of Ramsey-Washington Counties. Dists. 1, 56, 57, 61, 73, 75 and parts of Dists. 2, 40 and 51 in- 3-20-5 eluded in Foret Lake Reorganization - Dist, 104 A. Dist. 37 (d) and annexed to Dist. 17 (Lake Elmo) 8-5-52 Dists. 27 and 28 (c) with Dist. 102 (zt. Paul Park) 8-25-5 Dist. 50 (c) with Dist. 104 Jt. (Forest Lake) of Washington-Anoka- ChisaBo Caanties. Dist. 2 Jt. of Ramsey-Washington Counties included in North St, Paul 1 Reorg. Sch. Dist. 40-105 Jt. of Ramsey-Viashinzton Counties. Dists, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 19, 20, 22, 40, 52, 8-24-5 55, 60, 63, 74 and 76, and parts of Dists. 26 and 65 included in Stillwater Reorg. Dist. 106. Stillwater Reorg includes the following secondary schools: District No. 9 - Stillwater District No. 15 - Bayport and the following graded elementary schools: District No. 17 - Lake !Imo District District No. 3 - Marine District District No. 14 - Oak Park District District !o. 22 - Lakeland-Afton District wa WASHINGT( Dists,, 25, 65 and part of Dist. 45 Ind. Cons. Dist, 102 9-9-54 St. Paul Park, (Appealed - Consolidation upheld by State Supreme Court de- cision dated February 15, 1957) Dist. 26 (d) and part attached to Dist. 102 (St, Paul Park): and 7-1-55 part attached to Dist. 106 (Stillwater) Dist. 41 (d) and attached to Jt. Ind. Cons. Dist. 40-105 (North St. 9-7-54 Paul) of Ramsey and 1 ::ashinrton Counties) Dist. 77 (d) and attached to Jt. Ind. Cons, Dist. 40-105 Jt. (North 0 -3057 St. Paul) of iamsey and Washington Counties. Dists, 2463, 21;64, 246 2466, 2467 an 2468 (c) with Ind. 20C 7-1-5e (Hastings) of Dakota County. Comm. 2462 (d) and attached to Ind. 622 (Ramsey) 6-20-62 111111 ,111111 11, 'V ;;;;.4 ....11111111111111,11,11111111111111111....... ,„,. 1111110111111111111111111111111111,,, A,41111111O11111111111 YI) 1.; City Council DATE: December 30, 2009 CASE NO.: 09-49 APPLICANT: Bob Meisterling REQUEST:, 1) Rezoning from AP to LR; 2) Preliminary Plat and Final Plat approval for a 2 lot Residential Subdivision; LOCATION: North of 72nd St N and Long Lake and east of Liberty/Rutherford Elementary School COMPREHENSIVE PLAN: SFSL, Single Family Small Lot (Current Plan) LDR, Low Density Residential (Draft 2030 Plan) CURRENT ZONING: AP, Agricultural Preservation PROPOSED ZONING: LR, Lakeside Residential CITY COUNCIL DATE: January 5, 2010 REVIEWERS: Community Development Director, Public Works Director, Fire Chief, City Attorney PREPARED BY: Michel Pogge, City Planne BACKGROUND Bob Meisterling would like to develop a second home on his 10.27 acre parcel of land located north of 72nd St N and Long Lake and east of Liberty/Rutherford Elementary School. To accomplish this, he needs approval of a rezoning from AP (which requires 10 acres per dwelling) to LR (which allows 20,000 sf lots) and approval of a subdivision plat. The subdivision will result is two buildable lots (Lot 1 - 373,021 square feet and Lot 2 - 21,231 square feet), a street lot for 72nd Street, and an unbuildable outtot along Long Lake that is southeast of the street lot that will be retained by the Meisterling's. Lakt; Hill Acres December 10, 2009 Page 2 The property owner has verbally indicated that he plans to build on Lot 2 immediately after approval of this request. The existing home will be retained by a family member and the new home will be occupied by Mr. and Mrs. Meisterling. SPECIFIC REQUEST In order to develop the property as proposed, Bob 'Meisterling has requested the following: 1. Approval of a rezoning of the site from AP, Agricultural Preservation to LR, Lakeshore Residential; and 2. Approval of a Preliminary and Final Plat for a 2 lot single family residential development. EVALUATION OF REQUEST I. REZONING NeiR-hborhood Land Use Existing and planned land uses in the neighborhood are as follows: North A 5.116 acre parcel of land currently owned by Lenard and Betty Huebscher. Plans have been approved that would redevelop this site as a senior living project known as "Select Senior Living". South Long Lake; classified as a Recreational Development Lake and part of Liberty on the Lake residential area that is zoned Lakeshore Residential East 10.209 acre parcel of land owned by Donald and Rosemary McKenzie West Rutherford School and part of Liberty on the Lake residential area that is zoned Traditional Residential Land Use Compatibilihj One of the principle issues to be considered for a rezoning is whether the proposed change would be compatible with existing and planned uses within the surrounding neighborhood. To the west are both an el ei nentary school and a neighborhood in Liberty on the Lake that is zoned TR, Traditional Residential. The site to the north has been approved for senior housing. To the south is Long Lake and a neighborhood in Liberty on the Lake that is zoned LR, Lakeshore Residental, Finally, to the east is a 10209 acre parcel of land owned by Donald and Rosemary McKenzie which in the past have indicated that they would like to redevelop this site into a residential development. The current (1995) land use plan designates this site as Single Family Small Lot. The draft (2030) land, use plan designates this site as Low Density Residential, Lakeshore Residential zoning conforms to both of these land use plan designations. Additionally, the LR zoning classification meets the Shoreland Overlay District requirements for a Recreational Development lake (which Long Lake is classified). Lake 1-1111 Acres L:triber 30, 2009 Page : 11. PRELIMINARY PLAT AN FINAL PLAT The preliminary and final plat will be reviewed together in this section of the report. A. Minimum Dimensional Standards Lot size and width The two buildable lots meet the minimum lot size of 20,000 square feet and all other bulk requirements of the zoning code. Lakeshore Standards This plat is within 1000 feet of Long Lake and as such is required to meet the zoning requirements of the Shore land Overlay District for a Recreational Development lake (which Long Lake is classified). The minimum standards for LR zoning district were created by the City to embody these requirements; therefore, the lakeshore standards are met. Civil Engineering The subdivision proposes to dedicate road right-of-way to the public for 72nd Street N, which currently exists by a prescriptive easement. Utilities will be extended to Lot 2 to service the new home. The applicant needs to subrnit a final utility drawing and utility easement for review and consideration by the City Engineer. C. Park and Trail. Dedication The applicant has proposed to provide cash-in-lieu of land for the subdivision's total required parkland dedication and trail dedication. The total fee for this plat is $2,500 ($2,000 for parkland and $500 for trail). The City's comprehensive plan (both current and draft) show no parkland on this property; therefore, staff supports the proposed cash-in-lieu for the parkland dedication. However, if the property owner desires to provide parkland over cash then the property owner could dedicate a minimum of 2,123 square feet of Outlot A to satisfy the parkland dedication requirement. This dedication would provide a public access point on to Long Lake. Lake Ihil Aeles December 30, 2009 Page 4 Miscellaneous ALTERNATIVES The draft comprehensive plan shows a trail running along 72nd Street N, If the property owner were to install the section, of trail along 72nd Street N along their property it would exceed the required dedication and the City would need to reimburse the property for the cost of th.e trail minus $50U. Additionally, since the trail would terminate at the east property line installing the trail now without plans to continue it along 72 St N does not seem logical at this time. Therefore, staff also supports cash-in-lieu trail dedication. Slopes Along the lake bluff area, there is a ribbon of slopes in excess of 24%. This area is within the right of way for 72" St N and can be protect by the City. The City Council has several alternatives. A. Approve. If the proposed rezoning, preliminary plat, and final plat are found to be acceptable, then the Council should approve the first reading of the rezoning. The preliminary plat and final plat and development agreement would then be approved , ,vith the second reading of the rezoning ordinance on January 19, 2010. Staff would also recommend the following conditions of approval for the preliminary and final plats: 1 The site shall be developed in substantial. conformance with the following plans on file with the Planning Department except as may be modified by the conditions herein: dated 12/29/2009 • Preliminary Plat • Final Plat date stamped 12/29/2009 2. The rezoning will not become effective until the final plat is recorded with Washington County. Final engineering plans shall be found satisfactory to the City Engineer or revised to his satisfaction. The applicant shall address engineering comments suggested in the attached memo from Shawn Sanders dated December 9, 2009 and the e-mails from Torry Kraftson date December 23, 2009 and December 24, 2009. 4. As required by the Deputy Fire Chief, addressed of both homes shali be installed on a sign at the driveway entrance along 72 nd St N. Lake 1(11 Acres Dccenthe, 30. 200Q Page 5 . Prior to the release of the final plat for recording, the 'property owner shall pay all required development fees as follows: Fees Trout Stream Mitigation Plan $ 4,442.62 Transportation Adequacy Fund $ 7,561.96 Trunk Sewer and Water $ 5,598.02 TOTAL AUAR FEES 17,602.60 Park Fee Trail Fee TOTAL PARK AND TRAIL FEES $ 2,000.00 500.00 2,500.00 GRAND TOTAL FOR FEES 20,102.60 13. Denial if the City Council finds that the development proposal is not advisable, it could deny the requests. With a denial, the basis of the action should be given. C. Table Continue the public hearing until January 19, 2010 in order for the applicant to submit additional information. The 60 day decision deadline for the request is January 9, 2010; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. ACTION BY THE PLANNING COMMISSION The City Planning Commission (CPC) held the public hearing on this request at their December 14, 2009 meeting. The CPC voted 6-0 to recommend City Council approval of the rezoning, preliminary plat and final. plat as conditioned in the staff report. ACTION BY THE PARK AND RECREATION COMMISSION The Stillwater Park and Recreation Commission reviewed this request at their December 28, 2009 meeting. The Commission voted 5-0 to recommend that the City Council approve the applicant providing $500.00 cash-in-lieu for trail development and providing either $2,000 cash-in-lieu for park land dedication or by providing 2,123 square feet of Outlot A as park land dedication. STAFF RECOMMENDATION The proposed rezoning from AP to LR and the preliminary & final plat meet all requirements of the City of Stillwater Zoning and Subdivision code; therefore, staff recommends approval of said requests. cc: The Meister ling Family attachments: Zoning and Location Map, Memo from Shawn Sanders, Preliminary Plat and Final Plat ORDINANCE NO.: AN ORDINANCE AMENDING STILLWATER. CITY CODE SECTION 31-300 DISTRICT BOUNDARIES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES HEREBY ORDAIN: 1. Amending. The Zoning Map is amended as indicated on the attached map, marked as Exhibit "A" and the areas indicated thereon are changed from AP, Agricultural Preservation to LR, Lakeshore Residential. 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 , 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Savin2. In all other ways the Stillwater City Code will remain in full force and Exhibit "A" Case 2009 -49 Rezoning from AP Agricultural Preservation to LR, Lakeshore Residential (0004) (0006) (0005) c"n 75TH STREET NORTH (0001) Legal Description The West 448.90 feet of the North Half of the Southeast Quater, Section 30, Township 30 North, Range 20 West, Washington County, Minnesota lying southerly of the north 326.58 feet of said Southeast Quarter. (Abstract) ONG L AKE 1 `A • .. =_ 509.09 / 400. PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 The fees for requested action are &tacked to this application. An escriow fee Is also required to offset the costs of attorney and engineering fees. The applicont Is responsible for the completeness and accuracy of ail fonns and supporting material submitted in connection with airy application. AD supporting material (1 e., photos, sketches, etc.) submitted with applkadon becornes OM property of the City of Stillwater. Sixteen (16) copies of supporting material Is required. ff awl/canon is subrrdtted to the City Council, twelve (12) copies of supporting aigrettef is required. A site plan is required with applications. Any incomplete application c r supporting nerterfal wffl delay the applicetion process. PROPERTY IDENTIRCATION Address of Project 12.5 0 724112 f Assessors Parcel No. 30 3021A Z.0003 (GEO Code) Zoning District FIT Description of Project L439,41 0 r7 Galte 4t-ag,A O6*P+I "1 hereby state the foregoing statements and all data, Information and evidence subnitted herewith In all respects, to the best of my knowledge and belief, to be true and correct. 1 further certify I will comply with the pewit by ft Is granted and used." Property Ofiner eph az; Rep tative if Mailing Address 1255 240 6/ .AL Maiing Address Zan City - State - Zip f jag City- State- Zip Telephone No. Signature A (Signature is requir Lot Size (dimensions) x Land Area Height of Buitcfings: Stories Feet Principal AccessOry Telephone No._ 1Q I Ignature D PROJECT R1P110N Total Building Soar area Bdsling Proposed Paved kn Case No: Dote Rod: Fee Paid: Receipt No.: ACTION REQUESTED Special/Conditional Use Permit Variance Resubdrvision Subdivision* Comprehensive Ran Amendment* Zoning Am endmerd* Planning Unit Developmen Certificate of Compliance square feet square feet square feet sArea square feet No. ate-Street parking spaces § 32- I PPA PRELIMINARY PLAT APPLICATION (1) APPLICANT Name: 64e 6 Company: Address: 1 Z $5c 3/7 V State: RA/ Zip Code: $O Z Telephone: "Aq ) I .. A 3 5 6 : 2 1 (FAX) (H 1 zi4'3 (2) PROPERTY FEE OWNER Name: Company: Address: City: State: Zip Code: Telephone: (W) (FAX) (H) (3) SURVEYOR Lnnie 17;a3,17; Name: Company: 42viiir6-ivia 1 ,54,/v-e 54 Ji Address: '/;?C) f /',k) 4mA-I - . , 0 U ,St.; jc. E100 ( cit )zy : .7 .5 5 _4-i ..131 444-c FAx v - : State: i t-6 - 1 Zip Code: w 551 432- Telephone: ( &Pa ('(-) 66q-4s2a (4) Property location: 51-- 4- .Set.A bil 0, 7 3 zo ( z s s-o 7 St I) , Legal description: it), 44g •qo 1 NVz efi-,5i /4' T 0 ." SeC . 3.0 . 3 , . Z- G4-; h (_bl.L it-6i ki tr . 111A r)o Y11 37/,,, S-Al (5) Name of development: Number of lots: Z-- Current land use: ly /14.4 f! ; JJ Proposed land use: 1) A-ti s; - 1 Current zoning: Proposed zoning: Anticipated project completion: L IA- r itl-lei r ipp /Z-0 STILLWATER CODE CD32:36 (6) SUBMITTAL REQUIREMENTS: (14 copies and one reduced 8V2 inches x 11 inches) 1 ." -- Preliminary plat (PP) it Tree preservation and landscaping plan (TLP) (A° 61- NA' Street and utility plan (SUP) ‘na Cht Grading, drainage, stormwater and wetlands plan (GDSWP) rt". d.i 1" Other information (CH) 7) SUBDIVISION CODE [m THE CITY orsoLon&vrER 8Y2-iuc6x 11,inc6tranmparenoy 1 hcrely apply for tbe above consideration and declare that the ird'orrnation and matcrias submitted with this application are complete and accurate per city requirements. l understand tha the application will be processed when it has been found to be complete and adequate by the community development director. ^� Propey fee owner(s) signature(s): �4��v�1�"r- �~�`� �� '\_ Applicant(s) signature{sp �' (l • 0D32:37 PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. 32- F PA (1) APPLICANT Name: ).? "Li" i Ciilci Company: Address: 10 57) 7 Z- d, City:7 tQA- le" State: A4A Zip Code: 55DSZ, Telephone: (Wf (FAx) (H) 6I (2) PROPERTY FEE OWNER Name: 3 Act Company: Address: (4) Property location: Legal description: (5) Name of development: Number of lots: Current land use: Proposed land use: Current zoning: Proposed zoning: FINAL PLAT APPLICATION City:_ Telephone: (W) (3) SURVEYOR Name: Company: r 67 Address: (- City:$77aWa Telephone: (W) 7 5= (FAX) (FAX) State: (H) .5irlyt_e 6 ree-; i I -1 J , Anticipated project completion: td ink / 5fry ikto 7z71 Z-01 £2 (6) SUBMITTAJ,, REQUIREMENTS: (Five copies and one reduced 8 inches x 11 inches) V Final plat (F) Electronic FP Format Tree preservation and landscaping plan (TLP) Street and utility plan (SUP) Grading, drainage, stormwater and wetlands plan (GDS R) Other information (01) 0 p 8Y2-inch x 11-inch transparency STrLIAMER CODE Zip Code: V , 0 g/b(p State: Milt Zip Code: 55 W(6 3o , 312 2. z-r) 055 - 7 . -02,51.0 .5 1/4 _Sez 30 T 36 , 14 itf K-F1 g 7( 5V-604 CD32:38 FEE PAID elt/I Ve- bij - ea grr A A-a Irj 6 4 - 1 4 . 5vf gri AO OIDA' Property fee owner(s) signa Applicant(s) signature(s); SUBDIVISION CODE OF THE CITY OF STILLWATER I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city requirements. I understand that the application will be processed when it has been found to be compl , te and adequate by the community development director. CD32:39 § 324 Date: /I PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. (Ord. No 837, 2-18-97) TO: Mike P000c FROM: Shawn 3undcrn, DirccVnrnfPublic Works DATE: December 9,Z009 SUBJECT: Lake Hill Acres Subdivision MEIVI 0 RA NDDNI After reviewing the subdivision, the following comments shall be incorporated into this project. 1. Add a drainage and utility easement along the north property line of plat. Z. A utility plan for sewer and water service shall be submitted to City Engineer for review and approval. 3. A private utility easement shall be included n for the newly created lot. 4. A grading and erosion control plan shali be submitted at the tirne of building permit review. 5. Trunk fees due at the time of the release of the Final Plat. These fee are as follows: Trout Stream Mitigation Plan- $9,115 per acre Transportation Adequacy Fund- $15,515 per acre Trunk sewer and Water - $11,485.55 per acre Michel Pogge From: Torry Kraftson Sent: Thursday, December 24, 2009 10:10 AM To: Michel Pogge Cc: Shawn Sanders Subject: FW: Legacy on Long Lake Plans Attachments: irnageOO Case No2OO7'OQ.pd( Mike, Please add one more comment to my Lake Hills comments from yesterday. To accommodate poteriti& future development, the sanitzry sewer from the existing manhoe to manhole 1 should be installed at0.4Y6(89965ut existing and 80],20at&1H'1). An inside drop manhole shauid then be instalied at MH-Iwith grades as shown from MEi-1 to the south, -Torry From: Michel Pogge Sent: Thursday, December 24, 20099:2WAM To: TorryKraftso Subject: Legacy on Long Lake Plans Michel Pogge, AICP City Planner j City of StiIwater zzo North Fourth Street | Stillwater, mw ssmu 651'430-8822 1 651-430-8810 (Fax) 1 M}che Po From: Sent: To: Cc: Subject: Mike, Here are my quick cornrnents on the Lake Hills Acres plat. 1. Vehicle access to manholes should be provided along the existing driveway back to the existing sanitary manhole 2. The width of the drainage and utility easement for sanitary sewer main should be 30 feet wide 3. Restoration at the existing sanitary manhole location and proposed sanitary main needs to be specified. The easement wiclth at the existing manhole should be shown (30-feet). The contractor will need to work within the drainage and utility easement 4. Erosion contra! (i.e. silt fence) for utility installation needs to be shown, particularly adjacent to Long Lake. 5. A street restoration section for the water main and service work in 72 Street needs to be specified. A traffic control plan will need to be approved priorto construction. 6. Relocating the existing hydrant 115 feet east should be considered rather than adding a new hydrant. The new hydrant location would be closer to the existing home at 12525 72 Street North. 7. A preconstruction meeting will be required prior to utility construction. Q. The developer will be required to reimburse the City for engineering inspection of utility main installation. 9. If the project disturbs an acre or greater, an MPCA NPDE5 Construction permit will be required. IF the project disturbs less than 1 acre, the erosion control requirements of 31-525 Subd. 7 (f) need to be met. 10. Sewer extension and water extension permits will be needed from the MPCA and Department of Health respectively. Sincerely, TmnyKmftoon Assistant City Engineer City ofStillwater 216 North 4th Street Stillwater, MN 55082 Phone: 651-430-8831 Fax: 651-430-8810 Email: tkraftson@ci.stillwater.mn.us Torry Kraftson Wednesday, December 23, 2009 4:09 PM Michel Pogge Shawn Sanders Lake Hill Acres commenLs City of Community Development Department 115 12323 1 12345 - 12360 - ----___ .. w _ ..._ — — -c. siti 12 — 1.-- — — ,.• 12490 I 1 I 12460 I z- 7730 7710 — 12530 775 7660 7640 12525 Meisterling Zoning & Location Map 7770 7755 7685 li °9;111 0.. ..4•10NAR-.• UWE NORT 7775 7650 \ 12499 7625 — 7620 7790 7760 7720 7819 7789 7700 7759 7729 1 1 1 7699 7609 \ 7639 7669 H S D /1 IWO * , ,10* --- —1,1 12950 12960 13033 12993 Meisterting property 12975 1 1 Zoning Districts 1 A-P, Agricultural Preservation C:=I RA - Single Family Residential RB - Two Family - I TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential ESE CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential L i RCH - High Density Residential rri VC, Village Commercial CA - General Commercial CBD - Central Business District BP-C, Business Park - Commercial BP-0, Business Park Office BP-1, Business Park - Industrial 1B - Heavy industrial 75 CRD - Campus Research Development MI PA - Public Administration j 1 Township 1 Public Works Facility ROAD NB Railroad 111 WATER 122 PROPOSAL FOR SUBDIVISION OF 'A ACRE LOT AT 12550 72 STREET NORTH Bob and Janet Meister ling January 5, 2010 Costs associated with building on this lot: • Fees 1. Trout Stream mitigation $4,442 2. Transportation adequacy fund $7,561 3. Trunk sewer and water $5,598 4. Park fee $2,000 5. Trail fee $ 500 6. Zoning, subdivision, plat fees $1,600 7. SAC/WAC fees $4,500 TOTAL FEES: $26,201 • Expenses for services required by the City for building on this lot: 1. Install city sewer service (exhib.1) $64,260 2. Install city water service (exhib.1) $30,800 3. Engineering fees for sewer/water $10,000 4. Surveyor fees for "ghost platting" $8,000 TOTAL EXPENSES: $113,060 TOTAL FEES AND EXPENSES $139.261 Proposed Meisterling contributions: • Bring in city sewer service from the north access o We will do this in lieu of asking for a variance to construct a septic system (which, by the way, is over $50,000 less expensive) • Construction of appropriate "rain gardens" around the new house to help filter storm water from the roof and driveway • Share the driveway with the existing house, further minimizing run-off • Construct the new house as far from Long Lake as the road set backs (as defined by the "ghost plat") will allow, further minimizing environmental impact on the lake and Brown's Creek Requested Stillwater concessions: • Allow us to install our own well o This will have no environmental impact o Former City Planners have made it unnecessarily expensive to bring in city water because they failed to "stub off' water at the site where sewer is accessible, necessitating trenching from two separate locations o We would install this well with the stipulation that city water hook-up be required at the time of any further development of the remaining acreage Requested Stillwater concessions (cont.): • Eliminate the park and trail fees o The subdivision of this 1/2 acre lot does not create a need for park dedication and the sixty foot wide easement granted along 72 Street is adequate for future trail construction o As an option to paying or eliminating these fees, we would be willing to dedicate the appropriate land for park and trail dedication (exhib.2 and 3) • Eliminate the transportation adequacy fund o The construction of this house will have virtually no impact on traffic or road use in the area o The City has stated many times that it will not pave the unpaved portion of 72 Street • Eliminate the trout stream mitigation fee o Given our above commitments, there will be no impact on the Long Lake/Brown's Creek ecosystems Effect of the contributions and concessions listed above: • Stillwater ends up with a paid for extension of their sewer infrastructure, accessible for future development • The new residence will generate significant taxes for Stillwater • The concessions represent a $45,303 savings to us, leaving us with $93,958 in fees and expenses to build this house SUMMARY We need to move forward with this project for very personal reasons. Our house will be single story, and totally handicap accessible. My son and his wife want to buy our current house so they can be close to us for assistance as it becomes more needed. The fees and expenses required to do this small project are excessive. They were designed for developers who stand to gain from future real estate sales. We have no potential for gain. Furthermore, a recent appraisal of the property by Tom Suttle valued the land at $25,000 per acre. The value of our lot is therefore less than $12,000. Assessments (in this case over $139,000 of necessary improvements) that surpass the value of the improved property to which they are applied are deemed to be excessive under Chapter 429 of the Minnesota Statutes. It is our opinion that the fees are of a magnitude that imposes an undue hardship on us as we try to build a modest house on property that we already own. Ours is a unique situation, with no prior precedents. It is unlikely that any situation will arise that might be affected by any decisions you make tonight. We feel that our commitments to Stillwater and the benefits that the City will realize from this project warrant acceptance of these concessions. Thank you for your consideration. Hagstrom Builder, inc. 3511 Lake Imo Ave, N. P.O. Box 257 Lake Elmo, MN 55042 Phone: 651-777-8563 Fax: 651-777-1634 Attn: Pete Hagstrom Project: 72nd St, N. Stillwater, MN A. SEWER SERVICE (North 1 & WATER SERVICE mputhl ITEM DESCRIPTiON Quantity Unit Price Amount 1 city instalG Permit (Allowance) 1 LS 11,500.00 11,500.00 2 Traffic Control 1 LS *500.00 $500.00 3 Clear & Grub Trees (As Req.) 1 LS $5,500.00 4 Sawcut Asphalt 90 LF $4.00 - 5 Remove Asphalt 1000 SY $3.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 PRELIMINARY SuppgrpRoPppg. Connect to Ex IstInp Water Main 1" Cover Water Service 1" Tee 1" Curb Stop, Box & Rod (Connect to Existing Sewer Manhole 18" PVC, SDR 26 r4 "' PVC. SDR 26 " PVC, SDR 26 6" PVC Celanout 48A Sanitary Sewer Manhole Tracer Wire R-1733 Sanitary Sewer Casting Infishield for Sanitary Sewer CL N 5 Recycle Bituminous Paving to Restore Street Bituminous Paving to Restore Driveway Reorade Topsoil from Onsfte 1 1 1 Page 1 of 2 Miller Excavating, Inc 3636 Stagecoach Trail North Stillwater, MN 55802 Phone: 651-439-1637 Fax: 651-351-7210 Web: www.millerexc.com Date: January 4, 2010 Estimator; Steve St. Claire 1 LS $1,600.00 660 LF *25.00 1 EA $250,00 2 EA $225.00 1 LS $1,260.00 330 LF *35.00 320 LF $32.00 170 LF f20.00 EA $375Q 2 EA $3,000.00 475 2 2 400 36 200 5 $360.00 — $3,000.00 - $1,500.00 - $16,500.00 — $260.00 — *460.00 — *1,250.00 $11,560,00 $10,240.00 $4420,00 $375.00 $6,000.00 LF $1.00 $475.00 EA 1425.00 1850.00 EA $275.00 $550.00 TON $14.00 $5,600.00 TON $90.00 13,240.00 — TON $75.00 $15,000.00 HR $190.00 1950.00 - ••■••■■■•■■■■W s. R1GHT-OF-WAY (Allowance ITEM DESCRIPTION Q_uandty Unit 1 1914 of Stillwater Right-of-Way Pena / 1 1 1 LS * Right of Way for water connection appx. 30' x 30' Subtotal '1 4/e7 Price 1 $5,00000 15,500.00 *90,060.00 Amount $5:006.001- PARK DEDICATION OPTION FOR: BOB AND JANET MEISTERLING :-=-DRAINAGE AND -- UTILITY EASEMENT 0,7 EDGE 0 4 -- 0 n CORNERSTONE LAN SURVEYING, INC Liu Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net F,XHIBIT 2 182.2 PROPOSED PARK'---- LAND DEDICATION PROPOSED PARK LAND DEDICATION 0 60 • NOTE: TOTAL PARK LAND DEDICATION 4,174 SQ. FT PARK LAND DEDICATION ABOVE SHORE LINE 2,149 SQ. FT. TOTAL REQUIRED PARK LAND DEDICATION 2,123 SQ. FT 120 DATE: JAN. 5, 2010 TEL Lake Hill Acres December 30, 2009 Page 5 5. Prior to the release of the final plat for recording, the property owner shall pay all required development fees as follows: Fees Trout Stream Mitigation Plan $ 4,442.62 Transportation Adequacy Fund $ 7,561.96 Trunk Sewer and Water $ 5,598.02 TOTAL AUAR FEES $ 17,602.60 cc: The Meisterling Family EXHIBIT Park Fee $ 2,000.00 Trail Fee $ 500.00 TOTAL PARK AND TRAIL FEES $ 2,500.00 GRAND TOTAL FOR FEES $ 20,102.60 B. Denial If the City Council finds that the development proposal is not advisable, it could deny the requests. With a denial, the basis of the action should be given. C. Table Continue the public hearing until January 19, 2010 in order for the applicant to submit additional information. The 60 day decision deadline for the request is January 9, 2010; however, staff could extend the review deadline for an additional 60 days as allowed by state statutes. ACTION BY THE PLANNING COMMISSION The City Planning Commission (CPC) held the public hearing on this request at their December 14, 2009 meeting. The CPC voted 6-0 to recommend City Council approval of the rezoning, preliminary plat and final plat as conditioned in the staff report. ACTION BY THE PARK AND RECREATION COMMISSION The Stillwater Park and Recreation Commission reviewed this request at their December 28, 2009 meeting. The Commission voted 5-0 to recommend that the City Council approve the applicant providing $500.00 cash-in-lieu for trail development and providing either $2,000 cash-in-lieu for park land dedication or by providing 2,123 square feet of Out lot A as park land dedication. STAFF RECOMMENDATION The proposed rezoning from AP to LR and the preliminary & final plat meet all requirements of the City of Stillwater Zoning and Subdivision code; therefore, staff recommends approval of said requests. attachments: Zoning and Location Map, Memo from Shawn Sanders, Preliminary Plat and Final Plat I !-!, HflON " I ! F,t 6 t, HvSD kW? ) T! ri 1, ,•, 6 `4'!! 9 ' 1!!'" LI Km,. ,,,, . • . „. ,, -,,,,,,../,'.....,/ , ,_.' ., ... , _,„ _ i 1 4 576'966 ' ' '' 1'4 1 \ 1 ' / !,! / / \ ,, „,,,,,*,,,,, ,s, 1 / L2,;:,906 ( 0 (c. i ‘ ,.„.. ..,,, • , '..". 4 ! . , . , , ito.,,swq Au,. Oin ■ ' ' \ N \ 9 k. err, 8 86.266 M62#O88 \ gP,1 OS 2 8 SKETCH AND DESCRIPTION FOR: BOB AND JANET MEISTERLING LEGAL DESCRIPTION FOR PROPOSED DRIVEWAY EASEMENT: That part of Lot 1, Block 1, LAKE HILL ACRES, Washington County, Minnesota described as beginning at the southwest comer of said Lot 1; thence North 31 degrees 47 minutes 09 seconds East (the west line of said Lot 1 is assumed to bear North 01 degrees 04 minutes 43 seconds West) 113.02 feet; thence North 05 degrees 23 minutes 10 seconds East 108,00 feet; thence North 20 degrees 28 minutes 03 seconds East 103.66 feet; thence North 88 degrees 02 minutes 21 seconds East 30.00 feet; thence South 22 degrees 11 minutes 16 seconds West 45.18 feet to the northwest corner of Lot 2, said Block 1; thence southerly 85.49 feet, along the west line of said Lot 2, and along a non-tangential curve concave to the east having a radius of 470,00 feet a central angle of 10 degrees 25 minutes 19 seconds and a chord which bears South 05 degrees 27 minutes 26 seconds West; thence South 00 degrees 14 minutes 46 seconds West, along said west line of Lot 2 and it's southerly extension, and along tangent, 122.74 feet; thence southwesterly 53.99 feet feet along a tangential curve concave to the northwest having a radius of 110,00 feet and a central angle of 28 degrees 07 minutes 22 seconds to the south line of said Lot 1; thence South 89 degrees 46 minutes 15 seconds West, along said south line, not tangent to last described curve, 96.99 feet to the point of beginning. Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275,8969 Fax 651.275.8976 clan@ cssurvey .net CORNERSTONE LAND SURVEYING, INC *To be recorded after the filing of the proposed plat of LAKE HILL ACRES 15 15 N88 '21''E 30.00 , -r • IL' r ' • 7 0 C.:41 4.3 c); 1„;: LINE LOT 2 ,/ CORNER LOT 2 2 09°4615"E 96. -- 5. LINE L L9,7 - .. - - SW CORNER bor 60 5 L Of' N V / SE 3 301 120 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/28/2009 Subject: Election of Vice Mayor DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt Resolution No. 2010- , DESIGNATING COUNCIL VICE-MAYOR FOR 2010. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/28/2009 Subject: 2010 Council Representative Appointments Council representative appointments for 2010. JOINT CABLE COMMISSION (Voting Memberi Current Representative — Councilmember Roush PLANNING COMMISSION (Voting Member) Current Representative — Councilmember Gag PARKS BOARD (Voting Member) Current Council Representative — Councilmember Polehna HERITAGE PRESERVATION COMMISSION Current Council Representative — Councilmember Cook HUMAN RIGHTS COMMISSION Current Council Representative — Councilmember Polehna LUMBERJACK DAYS ADVISORY COMMITTEE — Council Representatives Current Council Representative — Councilmember Cook Current Council Representative — Councilmember Gag LUMBERJACK DAYS MUSIC COMMITTEE — 1 Council Representative Current Council Representative — Councilmember Roush MIDDLE ST. CROIX WATERSHED MANAGEMENT - 1 Council Representative Current Council Representative — Councilmember Polehna JOINT BOARD — 1 Council Representative, plus Mayor Current Council Representative — Councilmember Roush CONVENTION & VISITORS BUREAU Current Council Representative — Mayor Harycki DOWNTOWN PARKING COMMISSION Current Council Representative — Councilmember Gag FIRE RELIEF ASSOCIATION BOARD Current Council Representatives — Councilmembers Gag and Roush ACTION REQUIRED: Council should pass a motion assigning Council representatives to Boards/Commissions/Committees listed above. TO: Councilmembers FROM: Bill Turnblad, Community Development Director T DATE: December 28, 2009 RE: Calsey Hoefler request for 24/7 parking permit in ramp BACKGROUND ate On November 3, 2009 the City Council adopted Resolution 2009-177, which established rates for the parking ramp. The resolution states that the sale of parking permits to use the ramp 24 hours a day, 7 days a week "eliminates the possibility of generating event permit revenue from the parking space and therefore may only be approved by the City Council. 24/7 permits will not be sold for storage purposes, or . for private residential purposes." REQUEST Calsey Hoefler, who resides at 114 N. Main St., has submitted a written request for a 24/7 parking pass for the ramp. Since her apartment downtown has no covered parking, the ramp is desirable to her. POINTS TO CONSIDER The City needs to be cautious about approving 24/7 parking passes in the parking ramp for several reasons: 1) This request will be looked at closely by neighborhood residents that have already inquired about 24/7 permits. Considerable interest exists for 24/7 permits to allow residents to use the garage for storage of cars and other vehicles, especially during winter months. 2) Currently only eight 24/7 spaces have been approved by the Council for the ramp. They are for the eight spaces lost by the Rivertown Commons residents when the ramp was constructed. Even the Lowell Inn will not be sold 24/7 passes. 3) Every space that the City sells as a 24/7 permit reduces its ability to pay for the ramp's operation and maintenance costs. The ramp must generate on average $345 per space per year to cover short and long term costs. An unreserved 24/7 permit only costs the permittee $180 per year. And since the space is tied up 24/7 by the permit holder, the City cannot generate any revenue from events, evening or weekend parking from that space. Consequently, each such space loses $165 per year. 4) Every 24/7 space sold by the City erodes the ability of the ramp to: a) provide for the public parking needs of the neighborhood businesses and the north end of downtown, and h) reduces the number of free spaces available to the public on Sunday mornings. Calsey Hoefler 24/7 Ramp Pass Request December 28, 2009 Page 2 Since the development agreement with Trinity Lutheran Church exchanged free parking on Sunday mornings for the value of their land which they transferred to the City, they are keen to keep the number of available spaces in the ramp as high as possible. 5) The parking ramp rate resolution states that 24/7 permits will not be sold for residential purposes. (Except for Rivertown Commons, which lost spaces to the parking ramp). DOWNTOWN PARKING COMMISSION RECOMMENDATION Though a quorum did not exist, the Parking Commissioners in attendance at the December 16, 2009 meeting were not in favor of approving 24/7 permits for residential purposes. cc: Calsey VIA US MAIL November 24, 2009 Bill Turnbald 216 North 4 Street Stillwater, MN 55082 Re: parking space in parking, ramp Dear Mayor Harycki and City Counsel, I am currently a resident of 114 Main Street North and would like to obtain a 24/7 parking space in the new parking ramp located North of Lowell Inn. In speaking with Bill Turnbald, I understand that the City of Stillwater is more apt to make money without the 24/7 parking spaces, however, during the winter season, Stillwater is not too busy and parking my brand new car in a covered parking space overnight would be much appreciated. 1 do not need a 24/7 parking space during the busy/spring and summer season; street parking is just fine. I am willing to give up a 24/7 parking space should any problems arise. Place take me into consideration when allotting 24/7 parking spaces. Thank you for your time. Very truly yours, Calsey Hoefler 114 Main Street North Stillwater, MN 55082 651.263.4438 calghafecinipment.com Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Thursday, December 31, 2009 Re: Snow Removal Message: Description Single Street Residential Sidewalk (92' x 4'-5' average) 1.5"-4" snow cover Single Street Residential Sidewalk (92' x 4'-5' average) 4"-8" snow cover Corner Lot Residential Sidewalk (182' x 4'-5' average) 1.5"-4" snow cover Corner Lot Residential Sidewalk (182' x , 4'-5' average) 4"-8" snow cover Other non-residential sidewalk snow removal e ""( 0 q1 " (.1 • A. 11, The Council requested that staff solicit bids for snow removal services for property owners that fail to remove snow from sidewalks in the time frame are required by the ordinance. Bids were received from three companies. The following summarizes the bids the City received: A-I. Lehrnicke Yardmasters Maintenance Construction Landscaping $24.00 per time $28.00 per time $55.00 per time $35.00 per time $35.00 per time $80.00 per time $45.00 per time $40.00 per e $100.00 per time $67.00 per time $45.00 per time $135.00 per time $39.00 per hour $35.00 per hour $35.00 per hour From the desk of... Michel Pogge, AICP City Planner 'City of Stillwater 216 N. 4 'Stillwater, MN 55082 651.430-8822 'Fax: 651.430-8810 email: mpogge c°.stillwater.mn.us Since no service contractor was the lowest bidder in all categories. Staff assumed a scenario in which snow would be need to be removed from the sidewalks of 10 interior residential lots, 3 corner residential lots and require 15 hours of work for commercial sidewalks. Using this scenario, Lehmicke Constriction would be the lowest bidder at $1,410, A-1 Maintenance was second with $1,511 and Yardmasters was last at $2,580. Staff would recommend entering into a contract with Lehmicke Constriction for snow removal for 2010. The contract will be distributed to the Council on Tuesday. From the desk of... Michel Pogge, AICP -City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430-8822 -Fax: 651.430-8810 -email: mpogge@ci.stillwater.mn.us Dec 15 09 02:03p Lehmickes 12/15/2909 12:42 6514308910 3 5 1 0 7 4 4 CITY OF STILLWATER BID FORM PROTECT IDENTIFICATION: Nuisance Snow Removal RETURN BY: 1:30 PM on December 23, 2009 TILTS RFD IS S1JBM1T1E1 TO: CITY OF STILLWATER ATTN: MIKE POGGE 216 N. FOURTH ST. STILLWATER, MN 55082 (65 1) 430-8822 mpogge&i.stiliwater.rrm.us Company Mune: a 4 rl ake 4.- er (-7 0, Comet: re S Addrem: Phone Number: e '24 a 2 tr Bid Asnougl Descriottou Unit Coq • Single Street Residential Sidewalk (92' x 4`-5 avcragc) 1.5"-4" mow cover $ o per time Single Street Residential Sidewalk (92' a 4' -5' average) 4"-8" snow cover $ u per I Corner Lot Residential Sidewalk (182' 4'-5' average) l .5"-4" snow cover S (4 a, 0 per time Corner Lot Residential Sidewalk (182' a 4-5' average) 4"-8" snow cover $ L,q7 '0' per time Other non-residential sidewalk snow removal $ 7,3 per hour e/VOICING: Invoices shall reflect separate charges for each category (above) of vie,* performed with no more th one property on any detail sheet. Invoices shall indieate the date(s) of 5er/ice and shall have appromiatc "before and after" photographs provided with them. A invoice for work performed than be submitted to Me Comer Development Department within seven (7) days following completion of the repttrenuom of the cataract. The Community Development Department is located at 2.16 North Fourth Street. invoices and photographs may be submitted by e-mail. ISEMAISIELNEVALI : Length of the initial contract shall be from January 6, 2010 to June 1, 2010 with the option to renew the contract until June 1, 201) provided both parties stein agreement. AGREOWITi Winning contracnar will execute a standard City of Stillwater small contract agreement. SUBMITTED , 2009 13v Print Name: P p - 1 PAGE 02/02 12/15/2689 12:47 6514308E318 PROJECT IDENTIFICATION. RETURN I3Y: THIS BID IS SUBMITTED TO: Company Name: Contact: Ke. Address. 0, SUBMITTED on e(-44iirer ib , 2009 By _...,.. . --z-----1-- — ' _ - Print Name: Ke.l.); 0.0. b BID 0 CITY OF STILLWATER Nuisance Snow Removal 1.30 PM on December 2 3, CITY OF STILLWATER ATT,`..f: MIKE POGGF. 216 N. FOURTH ST. STILLWATER, MN 55082 (651)430-8822 mpogge@ci.stillwater.mmus 14kike.. Tie.ar L-614E. Pli1) 4 55t10 Phone Number: - ?,(L5 aPS (€‘; E-rnail. a oi,4o Bid Amount Description Single Street Residential Sidewalk (92' x 4'-5 average) 1.5" snow over Sin.gle Street Residential Sidewalk (q2 x 4' average) 4"-8" snow cover Corner Lot Residential Sidewalk (182' x 4'-5' average) 1.5"-4" snow cover Comer Lot Residential Sidewalk (182' x 4'-5' average) 1"-8" snow cover Othcr non-residential sidewalk now removal 09 AGREEMENT: Winning contractor will execute a standard City of Stillwater small contract agreement. Unit Cost S 5 Ci 5 S 7. 0 L $ 1 ?9 oo - Q0 INVOICING: Invoices shall reflect separate charges 1or each category (above) of work performed with no more than one property on any detail sheet. Invoices shall indicate the datc(s) of service and shall have appropriate "before and after" photo? phs provided with them. An invoice for work performed shaft be submitted to the Community Development Department within seven (7) dap following completion of the requirements of the contract. The Community Development Department is located at 216 North Fourth Street, Invoices and photographs may be submitted by e-mail, TERM AND RENEWAL: Length of the initial contract shall be from January 6, 2010 to June 1, 2010 with the option to renew the contract until lune I, 2011 provided both parties are on agreement. PAGE E2/2 per time per time per time pei time per hour 12/15/2009 14:52 8514305310 BID FORM PROJECT IDENTIFICATION; Nuisance Snow Removal RETURN BY: THIS BID IS SUBMITTED TtO: Company Nam Contact: Address: Phone Number E -mail; inglc gtrcct Residential Sidewalk (92' x 4'.5' average) 1.5 " - 4" wow Dover Single 5trcet Residential Sidewelk (92" *4'•5' average) 4 " - 8" snow cover Caomar Lot Residential Sidewalk (182' x 4' -5` average) 1.5 "-4" now cover Comer I.at Residential Sidewalk (182' :t 4 ' , 5` average) 4"-8" snow cover Other nor- residential sidewalk snow removal XNVOICONG: Invoices sha11 reflect separate charges for each category (above) of work performed with no more Nun one' property on any detail sheet. Invoices shalt indicate the date(a) of service std shall have appropriate "beton and after" pltotog aphe provided with them. An invoice for work perfbrmed shell be submteted hr the Community Daveleprnen1 Department within sewn (7) days following completion of the requirements of the contract The Community Development Department is loomed at 216 North Fourth Street. Invoices and photographs may be aubmitsed by o - maid. TERM AND REENEWAL Length of the initial contrast shall be front Jan trstxy 6, 2010 to June 1, 2010 with the option to renew the contract until lure I, 2011 provided both parties are in agreement. Winning cacsoactor will exccueo a ttaedxrd Ci 1:30 FM on December 23, 2009 CrTY OF STILLWA'I'E.R ATTN: MIKE POGGE 21d N. FOURTH ST. STILLWATER, MN 55082 (651) 430 -6822 mpogge&i.stillwater,trm.us l sr� are' P��e s- 8 . )1,4 o 6rti1 a : — arf GIN OF STILLWATER PAGE 02 /62 f Stillwater *mall caorttract agreement, firer time oor tint rich time 11 r Derr time X75 rQ(� { `' DCt IiCur H' 44 ✓ XEi3 13C2l3SE11 dH 6002 9T va0 DAVID T. MAGNUSON MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DEscE OFFICE BUILDING 333 Noun MM.' STREET • SurrE #202 • SnumArE8, MN 55082 TELEFRONE: (651) 439-9464 • FAX: (651) 439-5641 WWW.MACR{USONLAWFIRM.COM JOHN D. MACNUSON DTMAGNUSON@MAONUSONLAWFB.M.COM IDMAGNUSONOMACKuSONLAWFIR.M.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DAlh: December 15, 2009 Stillwater Lift Bridge — Ownership of Concourse on Minnesota Shore I have been asked to research and provide a legal opinion regarding the ownership of the concourse on the Minnesota shore of the interstate bridge to determine whether the concourse is or has ever been considered park property. In order to make this determination I have reviewed title records maintained by the Washington County Recorder and records of the City as maintained in City Hall and at the Minnesota Historical Society. To begin with, it appears that the existing bridge was dedicated in the year 1929. A dedication ceremony was held on the concourse and pictures of that event reveal that concourse had been constructed as part of the newly dedicated bridge. The concourse consists of a matching bump out on both sides of traffic, leading from the east bound lane to a south bound exit road to Levy Road, and on the east bound lane to a sidewalk that provides access to Lowell Park. The area provides parking space for several cars on both sides of traffic, and serves as a holding area for law enforcement vehicles when operating on the bridge. The platted street leading over and across the bridge is Chestnut Street, a right of way that is platted as part of the Original Town (Now City) of Stillwater, and replatted as part of Myron Sheppard's Perfected Plat as a 60 ft wide right of way, lying between Lot (1) , Block (28) on the south and Lot (5) , Block (27) on the north. Title records reveal that both lots were conveyed to the City by the Northern Pacific Railway Company by Donation Deed dated November 16th, 1959 and filed with the Washington County Recorder on the 3rd day of February, 1960 in Book 227 pages 223 and 224. This conveyance contains a reservation and restriction with the following terms: "Certain Roadways have been constructed and exist upon the above described premises and (Stillwater) will keep said roadways open and in their present location and in a state of good repair at all times...." Since the concourse was constructed in 1929 on both sides of Chestnut Street and upon part of the platted lots on either side, it is apparent that the 1959 conveyance recocognizes that the concourse was dedicated earlier by prescription. Also, the occupation of this area by MnDot predates Section 16.02 of the Stillwater City Charter, a section that restricts the City from the sale or transfer of City parkland without a special procedure. However, since the concourse area has been used continuously as a roadway since it was constructed, it has never been used as a park or open space. Therefore, City Charter provisions do not apply to this concourse area. The concourse area should be considered dedicated to the State of Minnesota by prescription, dating to 6 years after its construction." Respectfully, DTM/jmo 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY /CASUALTY 2009 DIVIDEND CALCULATION AT MAY 31, 2009 MCGARRY - KEARNEY AGENCY 450 N MAIN STREET STILLWATER MN 55082 -5060 STILLWATER 216 4TH STREET NORTH STILLWATER MN 55082 GROSS EARNED PREMIUM $ 4,498,264 ADJUSTED LOSSES $ 1,779,649 MEMBERS DIVIDEND PERCENTAGE .00441358234 DIVIDEND AMOUNT $ 39,722 $4,500,000 $4,000,000 - $3,500,000 - $3,000,000 - $2,500,000 $2,000,000 $1,500,000 - $1,000,000 - $500,000 - $o • LMCIT PropertylCasuafty Program STILLWATER Premium and Dividend History Premiums and Dividends Since 1987 STILLWATER Written Premiums Dividends City of Stillwater Mayor Ken Harycki 216 North Fourth St. Stillwater, MIN 55082 Dear Mayor Harycki, I'm writing you in regards to the Lift Bridge of downtown Stillwater. As a proponent of Historic and Heritage Preservation, I'm concerned with the future of the bridge. Safety issues and the high volume of traffic flowing through the downtown area are of great concern as the bridge nears eighty years old. This bridge is a significant resource to Stillwater, the St. Croix River Valley area and greater Minnesota as a whole. It represents a very unique style of bridge construction developed in the early 1900's and is only one of two examples of this remaining in Minnesota. There have been several different suggestions over the years in response to the Lift Bridge issues and one particularly stands out as beneficial to the community. The Minnesota Department of Transportation's current proposal to preserve the bridge through adaptive reuse as a pedestrian bridge would be ideal. The plan helps to save the bridge and it would also provide a new, safe, functional bridge that would better serve the community. If we were unable to preserve the bridge not only would we be losing a valuable historic and cultural resource but we would also lose a significant piece of the scenic beauty of the area. Together the bridge and the downtown Stillwater area create a unique historic experience and have a distinct character that is would be lost if the bridge were replaced. It is important that we as a society take actions to save these historic places in an effort to preserve our history and development as a culture. I hope to gain your support and efforts to help preserve the bridge and help to move MnDOT's plan along. Stillwater has many wonderful historical resources and the bridge is a great part of that. With your help future generations will also be able to benefit greatly from having this great piece of American history intact. Thank you for your time and consideration. Sincerely, Corey A. Pederson Student — University of Minnesota Chair Hiniker December 3 Planning Commission 7:00 PM December 10 Town Board Meeting 7:00 PM December 25 Christmas Day Holiday 2010 Chair Johnson January 7 Planning Commission 7:00 PM January 13 Communications Meeting 7:00 PM January 14 Town Board Meeting 7:00 PM January 28 Town Board Meeting 7:00 PM Chair Johnson February 4 Planning Commission 7:00 PM February 11 Town Board Meeting 7:00 PM February 25 Town Board Meeting 7:00 PM Chair Untiedt March 4 Planning Commission 7:00 PM March 9 Annual Meeting 7:00 PM March 11 Town Board Meeting 7:00 PM March 25 Town Board Meeting 7:00 PM Chair Untiedt April 1 Planning Commission 7:00 PM April 8 Town Board Meeting 7:00 PM Stillwater Township Calendar April 12 Park Committee 7:00 PM April 22 Town Board Meeting 7:00 PM Chair Beane May 6 Planning Commission 7:00 PM May 10 Park Committee 7:00 PM May 13 Town Board Meeting 7:00 PM May 27 Town Board Meeting 7:00 PM STILLWATER TOWN BOARD MEETING December 10, 2009 Town Hall 7:00 P.m PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson, Shelia -Marie Untiedt and Matt Beane, Stillwater Township Clerk Pat Bantli, Deputy Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Sherri Buss, Treasurer Carol Collins and Treasurer Appointee Marsha Olson and Park Manager Rick Jacobson. 1. AGENDA - M /S /P Countryman /Beane moved to adopt the agenda as amended. (4 ayes) 2. MINUTES, - M /S /P Untiedt/Beane moved to approve the 11/12/09 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - a) The December tax settlement of $326,000 was received which was somewhat less than expected. We will receive another portion in January. b) Ransition Plan - Marsha Olson has received most of the materials. There are still a few problems to be resolved with the software. Signature cards will need to be updated for both Marsha Olson and for Matt Beane. M /S /P Beane /Countryman moved to appoint Marsha Olson as the new Stillwater Township Treasurer. (4 ayes) (David Johnson arrived.) c) Budget - Marsha Olson will update the budget figures and e-mail the latest to the Board. d) Recyclina Cpntract with the County - We are still waiting to hear from them. Carol Collins will a -mall them asking to have thls taken care of. e) Claims and C The following claims and checks were approved for payment. 19323 Billie P Bantli $ 460.11 19324 Matthew R Beane 148.50 19325 Busse, Norman Lee 207.79 19326 Collins, Carol Lee 198.65 19327 Cutler, Lois J 217.02 19328 Dorlott, James F 196.59 19329 Haines, Bonnie J 170.08 19330 Hiniker, James J 593.98 19331 Hunter, Rodney D 101.58 Stillwater Town Board Mtg. — 12/10/09 Page 2 4. CLERK - The bids for the portable toilet service were reviewed. There will be more discussion under the People portion of the meeting. 19332 Jacobson, Richard L 672.88 19333 Johnson, David W 222.74 19334 Murphy, Lynne M 355.55 19335 Nelson, Kathleen M 369.93 19336 Nelson Stephen W 1,643.83 19337 Ranalla, Michael J 230.87 19338 Riehle, Barbara 290.90 19339 Robbins, Richard L 249.34 19340 Schifsky, Troy 3 166.23 19341 Schmoeckel, Kathryn G 274.59 19342 Yoho, Carole 3 166.23 19343 Billie P Bantli 89.30 19344 Qwest 108.34 19345 City of Stillwater 60,840.04 19346 Carol L Collins 55.64 19347 David Johnson 35.75 19348 MJ Raleigh Trucking Inc 9,493.72 19349 MFRA 5,500.30 19350 Kathleen Nelson 29.70 19351 Stephen Nelson 785.00 19352 On Site Sanitation 73.74 19353 Kathryn Schmoeckel 78.01 19354 Stillwater Printing Co 515.74 19355 TKDA 4,50.34 19356 Valley Green Lawn & Landscaping 348.15 19357 Washington Co Public Safety Radio 33.34 19358 Washington County 3,679.54 19359 Xcel Energy 137.99 19360 Beverly Petrie 720.00 19361 Robert P Ranalla, Jr 252.00 19362 Campbell Knutson, PA 1,761.28 19363 Maroneys Sanitation Inc 150.90 19364 TKDA 1,946.27 90032 Internal Revenue Service 1,249.08 90033 PERA 393.65 90034 Minnesota Department of Revenue 24.81 ATTORNEY - a) Otchiowe Trails - Soren Mattick and the Homeowners' Association's attorney have discussed how this should be implemented. They will pay $11,708.11 which is the cost to the County, plus $1,500 for the Township's expenses. The County would like to have this finalized before the end of the year but we are Stillwater Town Board Mtg. — 12/10/09 Page 3 still waiting for the funds from the Homeowners' Association. M /S /P Johnson /Untiedt moved to authorize the Chair to sign the Otchipwe Trails resolution as proposed by the Attorney, subject to it being held in the Attorney's trust until receipt of payment by the Homeowners' Association. (5 ayes) b) Facility Use Poky - Soren Mattick had sent an example policy for facility use to the Board. The Issues include insurance, opening and closing the building and clean -up. A cost schedule can be set up depending on the number of people and the frequency of us... The size of our bathroom is a consideration depending on the size of the group. Policy considerations should include: no alcohol, no smoking, a deposit required. If food Is to be served, if minors are Involved there must be an adult with a ratio of 5 to 1, we can reserve the right to require a damage deposit. Soren Mattick will provide a draft policy for further discussion at the next meeting. c) Maintenance Contract - This had been previously approved and was signed by the Chair. M /S /P Countryman /Untiedt moved to approve the change order for road supervisor estimated at 46 hours. (5 ayes) 6. PLANNER - a) Ordinance Issues (to be discussed by the Planning Commission at January Meetingq • livestock (chickens) - The Planner indicated that she has had several questions recently regarding whether chickens may be allowed on properties smaller than 5 acres. She will provide Information and an example ordinance in January. Attorney Soren Mattick pointed out that a provision requiring neighbors to sign off on chickens, which Is included In many existing ordinances, Is questionable. • Aggregate Mining - The Planning Commission will discuss whether anything further needs to be done. « Supporting Ag Business. Review existing ordinances and Identify changes or options to support this goal of the Comprehensive Plan. • Woodburning Heating Systems - Sherri Buss will check with the County and with Jack Kramer to see who regulates and how. • Grant Horse Issue - Board members asked about current ordinance issues In Grant related to horses. The Planner indicated that the issues were whether wetlands should be included in "grazeable acres" and whether more animal units may be'allowed if a property owner can show they meet certain conditions, such as!abilityito deal with manure. The Board concluded that the Stillwater Township ordinance does not need to be updated on these Issues. • Locally Grown Issue - A Board member asked about a current Issue with Stillwater Town Board Mtg. — 12/10/09 Page 4 Christmas trees In Lake Elmo and the City's ordinance that all trees sold in the City be locally grown. The Board did not support this policy for the Township. b) Raleigh Mining Permit - A resident adjacent to the mine had complained to Township staff about 20 foot dirt piles adjacent to her lot line, and big equipment moving the dirt around. As part of his renewal permit, Raleigh is requesting additional berms, but he had started building them before getting the permit. The County had issued a stop order. The County manages the mining permit, and allows residents and the Township to comment on the permit renewal application. An item will be placed on the website that the Raleigh Mining Permit is up for review and people have the opportunity to weigh In to either the County or the Township, but the County had jurisdiction on this matter. The public hearing is tentatively scheduled on January 26. Pat Raleigh expressed concern that neighbors should be made aware of the mining operation before they purchase property In the area. c) Administrative Deviation - The Planner has issued an administrative deviation for a lot. at 10500 Norell Avenue North, and provided the required notice to the Board. 7. PORTABLE TOILET SERVICE - Rich Anderson of Jimmy's Johnnys was present to discuss the bid he had provided and to answer questions. Park Manager Rick Jacobson reported that the service provided by On Site Sanitation was good. M /S /P Johnson /Beane moved to sign a contract for another two years with On Site Sanitation and encourage them to do a thorough review of both the inside and outside of the facility when servicing. (5 ayes) 8. PLANNING COMMISSION - M /S /P Untiedt/Beane moved to reappoint Lee Busse and Robert Ranalla for another three year term. (5 ayes) There is now an opening on the Planning Commission. 9. PARK COMMITTEE - a) M /S /P Countryman /Untiedt moved to reappoint Bonnie Haines to another three year term. (5 ayes) b) The applicants for the vacant Park Committee seat will be asked to attend the January 14, 2010 Town Board meeting to be Interviewed by the Board. 10 REMOVAL OF FURNITURE - A resident reported some furniture had been dumped on the Township path near Otchipwe. Matt Beane will contact Maroneys to have it removed. 11. LOCAL GOVERNMENT DINNER - A local government dinner will be held on January Stillwater Town Board Mtg. — 12/10/09 Pag 5 28 which would conflict with a Town Board meeting if one is to be held. There will be more discussion at the January 14 meeting. Other community leaders could be invited to a future Stillwater Township meeting to discuss common Issues. 12. PARK MANAGER - Park Manager Rick Jacobson reported on park issues and the Farmers' Market. There can be an item In the next newsletter to promote use of the pavilion. The parking lot should be looked at In the future for repairs before any seal coating is done. Rick Jacobson was thanked for the good job that he does. Matt Beane was thanked for removing the tree on the Township property across from the Town Hall. 13. CAROL COLONS RETIREMENT - M /S /P Johnson /Countryman moved to authorize the deputy clerk to make arrangements for Flowers, not to exceed $75.00, and a letter from the Board to thank Carol Collins for her outstanding job as Treasurer. (5 ayes) 14. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. Clerk Chairperson Approved ashington County 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public BOARD AGENDA DECEMBER 22, 2009 - 9:00 A.M. NO MEETINGS THE WEEK OF DECEMBER 21 Assistive hstening devices are available for use In the County Board Room ynn nyssigarlanr, than In rfisnnillfy nr Innerntarrn lawn*, &nom* calf 1651) 4 311-firNIn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, Chair, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington Cogrellovernment, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meegbegins and give it to the County Board secretary or the County Administrator. The County Board Chairill ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Boarcher reserves the right to limit an individuars presentation if it becomeredundant, repetitive, overly argumentative, or [is is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate daheduled agenda items. 3. 9:10 Consent Calendar 4. 9:10 County Attorney's Office — Richard Hodsdon, Assistant County Attorney Amendments to the Washington County Health Insurance Portability and Accountability (HIPAA) Privacy Policy #1035 5. 9:20 General Administration — Jim Schug, County Administrator 6. 9:30 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments miters of interest and information, or raise pinions to the staff. This action is not intended to result in substantive board action during ' this time. Any action necessary because of discussion will be scheduled for a future board meeting, 7. Board Correspondence 8. 9:45 Adjourn 9. 9:50 to 10:30 - Board Workshop with Public Works Presentation from the Minnesota Department of Transportation on the Comprehensive Statewide Freight and Passenger Rail Plan * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most curent inforMation) The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Community Services County Attorney Human Resources Public Works WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* DECEMBER 22, 2009 A. Approval of the December 8 Board meeting minutes and the December 8 2010 Public meeting minutes. B. Approval to adopt the revised IRS mileage reimbursement rate of 50 cents per mile, effective January 10, 2010 as required by Policy #5032 Meals, Mileage and Other authorized Expense Reimbursement and Policy #6008 Meals, Mileage and Other Expense Reimbursement for Elected Officials and amend both policies to adopt the Federal Government's travel per diem rate index. C. Approval to revise policy #6009 Out-of-State Travel Policy for Elected Officials, including Airline Travel Credit to conform to state law. D. Approval of Amendment # I to Contract #5421 with East Suburban Resources Inc. (ESR) for the provision of Supported Work Services for Minnesota Family Investment Prograrn (MFIP) customers. E. Approval of Amendment #1 to Contract #5131 with East Suburban Resources Inc. (ESR) to continue the EXTRA "Taking Action on Racial Disparities" project in 2010. F. Approval to accept adoption and foster care recruitment grant funds of $47,700 from the Department of Human Services (DHS). G. Approval to accept $289,978 in additional funding under the Workforce Investment Act (WIA) Master Agreement between Washington County Community Services Workforce Center (WFC) and the Minnesota Department of Employment and Economic Development (DEED) for dislocated worker services. H. Approval to accept and disburse $33,277.48 from the Minnesota Department of Human Services to upgrade equipment used to record interviews of criminal abuse victims and to obtain training for individuals conducting forensic interviews of children. I. Board ratification of 2010 health insurance for Confidential employees, Confidential Supervisors, Attorneys Association and Teamsters Commanders. J. Approval to revise Washington County Personnel Rules and Regulations Section 10— Employee Separation. K. Approval to revise Washington County Personnel Rules and Regulations Section 11 — Retirement. L. Approval to revise Human Resources Policy #5003 — Employee Recognition Program. M. Approval to extend the Voluntary Leave Without Pay Program through December 31, 2010. Library N. Approval of resolution to accept donations and grants accepted by the Washington County Library Board in 2009. Property Records and 0. Approval of resolution approving the sale of tax forfeited land to Stillwater Township in the Otchipwec Trails Taxpayer Services (Parcels 09.030.20.12.0002 and 09.030.20.11.0002). Public Health and P. Approval of agreement with the Washington Conservation District to fund general operations and services and Environment services to county departments and county residents. Q. Approval to renew two years agreements with the Cities of Afton and Scandia to provide operation and maintenance services to the 201 Collector Systems. R. Approval of resolution, access agreement between Washington County and the Minnesota Pollution Control Agency (MPCA) allowing the MPCA to monitor perfluorochemical (PFC) release. S. Approval of resolution, final payment to C.S. McCrossan Construction Inc. in the amount of $268,581.08 for the CSAH 13/18 construction project. T. Approval of Supplemental Agreement #2 to the CSAH 15 road construction project contract with Tower Asphalt. Sheriff U. Approval to accept Amendment #2 to the Food Service Agreement (Contract #4569) between Washington County and Aramark Correctional Services LLC. *ConsentCatendar items are generallydefined as items of routinebusiness, not requiring discussion, and approved in one vote. Commissionersmay elect to pull a Consent Calendar item(s) for discussion and/or separate action. January 5 January 6 January 7 January 7 January 7 Washington County 15. 10:00 Adjourn Governor's Yellow Ribbon Summit Plat Commission Metro Mosquito Control Commission MN High Speed Rail Commission Metro Energy Policy Coalition OARD AGENDA JANUARY 5, 2010 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. Unfinished Business 3. Motion for Board to Adjourn Sine Die 4. New Roll Call 5. County Administrator — Nominations for Temporary Chair 6. Temporary Chair — Nominations for Chair of the County Board for 2010 7. Chair Elect — Nominations for Vice Chair of County Board for 2010 8. Set Board Meeting Dates for 2010 9. 9:15 Comments from the Public Visitors may share their comments or concerns many issue drat is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must Jill out a continent card before the meegibegins and give it to the County Bawd secretary or the County Administrator. The County Board Chair will askyou to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation 10 no more than five minutes. The Boarchblr reserves the right to Muir an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relailao an issue that is part of Washington County's responsibilities. The chair may also limit the number of individualTsentations to accommodate the scheduled agenda items, 10. 9:25 Consent Calendar — Roll Call Vote 11. 9:25 Public Works — Don Theisen, Director Funding for Renovation of the West Bank Bridge Approach to Mississippi River Bridge 5600 12. 9:30 General Administration — Jim Schug, Administrator Commissioner Committee Appointments for 2010 13. 9:50 Commissioner Reports — Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, nszzkomments on mailers of interest and information, or raise questions to the staff This action is not intended to result in substantive board toot during this time. Any action necessary because of discussion will be scheduled for a future board met*. 14. Board Correspondence * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **MEETING NOTICES** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location 9:00 a.m. 9:30 a.m. 9:00 a.m. 10:00 a.m. 12:00 p.m, Assistive listening devices ate available for use in the County Board Room (him! .aceictor,p rforp fr■ nrdangi ove rIII.gralLationn EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Board of Commissioners Dennis C, Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 Century College, 3300 Century Ave. N., White Bear Lake Washington County Government Center 2099 University Avenue West— St. Paul 454 West 6 Street — Red Wing 100 Empire Drive — St. Paul WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 5, 2010 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Community Corrections Community Services Human Resources Information Technology Library Property Records and Taxpayer Services Public Health Public Works A. Approval of resolution awarding the 2010 newspaper publishing bids and designating the county web site as the official publication for transportation projects. B. Approval of resolutions setting minimum salaries for the County Sheriff and County Attorney for the next term. C. Approval of a Memorial Day Appropriation of $100 each, upon request, in 2010 for the Stillwater Citizens' Memorial Day Association and Washington County Posts and Barracks. D. Approval of appointments/reappointments to advisory committees for 2010. E. Approval of revisions to Policy 1300 — Washington County Data Practices Manual and approval of revisions to Policy No. 1032 — County Fee Schedule. F. Approval of Purchase of Service Agreement with Tubman for services provided to victims of families of domestic violence. G. Approval for the receipt of $300 by the Community Services Veterans Services Division from the Lake Elmo VFW Irrevocable Trust for the Emergency Assistance Fund. H. Approval of the 2010 contract with Rule 36 Limited Partnership of Duluth III to fund services (Intensive Residential Treatment Services and Residential Crisis Stabilization Services) for the uninsured at the Willow Haven facility in Lake Elmo. I. Approval to accept $400 in Cub Foods/WaI-Mart gift cards by Community Services Children's Division for client assistance. Approval to ratify the 2010 health insurance for Local 49ers and Supervisor's Association. K. Approval ofJoint Powers Agreement with the State of Minnesota through the Office of Enterprise Technology for development of an optical fiber network. L. Approval of acceptance of $25,180 in year-end donations. A donation of 525,000 was from the RAFT Foundation; $30 from the Women's Club that regularly meets at the library; and, $150 from Bev Miller and Pat Mullen in honor of Library Board member Bonita Sindelir. M. Approval of contract with Total Software Solutions, Inc. for the programming and maintenance of its recording and tract index systems. N. Authorization to accept Natural Resource Block Grant funding in the amount of $61,399 from the Minnesota Board of Water and Soil Resources for 2010, 0. Approval to enter into a contract with Stonebrooke Engineering to conduct a roadway expansion and access study on County State Aid Highway 22 (70 Street South) from Goody iew Avenue to Hinton Avenue in the City of Cottage Grove. * Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote, Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.