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HomeMy WebLinkAbout2010-01-19 CC PacketCALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk i THE IIRTMPLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 19, 2010 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA APPROVAL OF MINUTES - Possible approval of January 5, 2010 recessed and regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Swearing in of Officer Jason Belisle 2. Proclamation: George Thompson Day 3. Certificate of Appreciation — Retirement — Sue Moore & Kathy Rogness (2 Resolutions (2010 -14 & 15) — Roll Call) 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. 4. Community Dev. Director Outdoor Furnace Info. 5. City Engineer /PWD Public Works Radios 6. City Attorney 7. Finance Director 8. City Administrator CONSENT AGENDA (Roll Call) 1. Resolution 2010 -12, directing payment of bills 2. Resolution 2010 -13, approving Washington County Cooperative Fire Protect Agreement 3. Resolution 2010 -16, approval of agreement for professional services with Collaborative DesignGroup PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 4. Case No. 09- 51.This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision from Grant LaForce for a request for a variance for the construction of a lean -to located at 641 Hidden Valley Court in the RA, Single Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 8, 2010. UNFINISHED BUSINESS 5. Possible approval of final plat, development agreement and second reading of Ordinance 1012, an ordinance amending Stillwater City Code Section 31 -300 District Boundaries, relating to Bob and Janet Meisterling for the subdivision of one lot into two lots located at 12550 72n Street North, in the AP, Agricultural Preservation District to rezone from AP, Agricultural Preservation to LR, Lakeshore Residential (Resolutions & Ordinance — Roll Call). 6. Update on Downtown Garbage NEW BUSINESS 7. Possible approval to purchase computers 8. Possible approval of dock permit for St. Croix Boat & Packet (Resolution — Roll Call) 9. Possible receiving report and calling for hearing on 2010 Street Improvement Project (Resolution — Roll Call) 10. Possible accepting bids and awarding contract for Washington Avenue Mill & Overlay Project (Resolution -Roll Call) 11. Possible approval to purchase squad cars 12. Possible first reading of Ordinance 1013, an ordinance amending the Stillwater Code Section 25 -1, entitled Human Rights Commission (1st reading — Roll Call) 13. Possible first reading of Ordinance 1014, an ordinance amending the Stillwater Code Section 22 -7, entitled Heritage Preservation Commission (1st reading — Roll Call) 14. Possible adoption of resolution amending Downtown Parking Commission By -Laws (Resolution — Roll Call) 15. Possible approval of a contract for parking ramp cleaning services (Resolution — Roll Call) 16. Possible 2010 Publications and Fee Schedule (Resolution — Roll Call) 17. Contract List with Bid /No Bid & Amounts 18. Possible approval of agreement with Washington County for the transfer of 62nd Street (Resolution - Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COM M UNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 19. Beyond the Yellow Ribbon Update— State Plan 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. OTHER BUSINESS Cell Regulation Debriefing — Jim Roush STAFF REPORTS 'water 141111TATIIPLACI Of KKKKK TA CITY COUNCIL MEETING January 5, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Planner Pogge Public Works Director Sanders City Clerk Ward 4:30 P.M. Councilmember Roush highlighted information he learned in a web seminar related to cell tower regulations he participated in webinar with City Attorney Magnuson and Planner Pogge. Councilmember Roush presented a PowerPoint presentation pointing out camouflage options available to the City to demand from some of the cell companies. Planner Pogge noted that the City's updated ordinance for cell towers does provide the City with the ability to require such options and that the updated ordinance requires design review by the Heritage Preservation Commission. Councilmember Roush suggested there also needs to be education of the Commission members so they are aware of the stealth/camouflage technology. Councilmember Roush pointed out that the City does have the right to place a moratorium on any new cell tower placements if the City chose to do so; he also suggested the Council and City need to think about the continual changes in technology that may make the existing towers obsolete; Planner Pogge stated the City ordinance does require that the towers be removed within a specified timeframe after no longer in use. Councilmember Roush encouraged the Council to embrace the camouflage technology. City Clerk Ward informed the Council there are a number of openings on various City commissions. She noted that when the Council implemented term limits last year, there City Council Meeting January 5, 2010 were two commissions that did not have Council representatives as voting members — Human Rights and Heritage Preservation. As there are now openings on those commissions, she asked the Council whether it wished to proceed with making the Council representative a voting member, thereby reducing the number of vacancies to be advertised. She stated that if the Council does wish to make the change, she suggested that Council direct City Attorney Magnuson to prepare such an ordinance. Councilmember Cook said having served on the Heritage Preservation Commission for the past year; she thinks it is probably better if the Council representative doesn't have a vote on the commissions, noting that person isn't voting on behalf of the Council but as an individual representative. Councilmember Cook said she sees the role of the Council representative as more of a liaison to the Commission and bringing information back to Council as necessary. Councilmember Gag spoke of his disappointment at being a non-voting member while serving on the HPC. City Attorney Magnuson suggested the Council might want to consider a possible issue related to appeals to the Council if the Council representative on a commission is a voting member and a case if subsequently appealed to the Council. Motion by Mayor Harycki, seconded by Councilmember Polehna to direct City Attorney Magnuson to prepare the ordinance making Council representatives to the Heritage Preservation and Human Rights commissions voting members. Motion passed 4-1 with Councilmember Cook voting nay. Community Development Director Turnblad reported that the parking ramp equipment is not operational as yet, so free parking will be available until the equipment is in operation. Councilmember Gag said several residents have raised an issue regarding a wood- burning furnace. Mr. Turnblad said the League of Minnesota Cities has done some research on the issue as well as the EPA and various state agencies. He stated the EPA has found there is some health concerns related to the outdoor wood burners and that more and more cities are beginning to regulate such burners. Mr. Turnblad said the trend is toward prohibiting the burners in urban settings which the City could deal with the issue through a nuisance ordinance or by a change in the zoning ordinance. Mr. Turnblad noted that dealing with the burners through a nuisance ordinance would allow immediate action, while a change in the zoning ordinance would grandfather existing facilities. There was discussion of the difference between the outdoor wood burners and indoor fireplaces. Mayor Harycki asked if setbacks or building permits are required for the outdoor wood boilers/furnaces; Mr. Turnblad said the ordinance related to accessory structures would be involved. Mr. Turnblad explained that if the Council does wish to allow such appliances it could develop performance standards including setbacks, height of stacks, etc. Councilmember Gag noted that the owner of the wood burner that has been the subject of the complaints did get the necessary permits. Councilmember Polehna suggested finding out what other communities are doing to regulate such Page 2 of 12 City Council Meeting January 5, 2010 appliances. Mr. Turnblad said staff has already done a lot of research and can provide information/examples of what other communities are doing for the next meeting. Councilmember Gag suggested that the other Councilmembers visit the site in'question and see how it impacts the neighborhood. City Attorney Magnuson provided information regarding impact fees in the annexation area, specifically the trout mitigation fee and the transportation adequacy fee. He said if a property owner in the annexation area wants to connect to City sewer and water without doing a subdivision, fees are limited to $2,500 for hooking up to sewer and $2,500 for hooking up to water. He stated in the case of the upcoming Meister ling's request, the Council could view the request as not subdividing to create a new for development purposes but is due to a medical necessity to build a new structure with handicap accessibility. Mayor Harycki suggested there might be some way to tie the fees to a change in title, outside of the family, handling the fees as a deferral, similar to the deferral requested for the Aamodt subdivision. City Attorney Magnuson said that could be made part of the development agreement and deferred fees recorded against the entire property. The meeting was recessed at 5:28 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Page 3 of 12 7:00 P.M. A Boy Scout from Troop 242, Our Savior's Lutheran Church, led the Council and audience in the Pledge of Allegiance. Mayor Harycki noted a number of Troop 242 members were in attendance and were working on their Citizenship in the Community Merit badge. City Council Meeting January 5, 2010 APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Cook to approve the December 15, 2009, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Harycki noted the City was honored earlier in the day for participating in the Beyond the Yellow Ribbon initiative to support troops during deployment and returning troops. Councilmember Polehna thanked the Council for its support and read the proclamation by Governor Pawlenty recognizing the City as a Yellow Ribbon City. Councilmember Polehna noted members of the Red Bull Division would start coming home in February and suggested placing a welcome home banner in the downtown area. Motion by Mayor Harycki, seconded by Councilmember Roush to request a banner permit for the welcome home banner. All in favor. Councilmember Cook thanked Councilmember Polehna for his leadership in making the City a successful Yellow Ribbon community. Mayor Harycki asked about having a Yellow Ribbon Community designation placed on the City entrance signs. Public Works Director Sanders stated he would check with Mn/DOT. Councilmember Polehna stated a pheasant hunt for returning troops is scheduled for March 14 and support is being sought from businesses and individuals. OPEN FORUM Linda Saveland asked if anything has been done about licensing of landlords or whether they are any plans to do so. She said nothing has been done in her neighborhood regarding the rental property next door since she requested help at the last City Council meeting. She said there are at least nine people living at the house in question; with constant noise, cars parked on the street and numerous vehicles coming and going. She suggested the impact of a rental property on a neighborhood is directly proportional to the participation of the landlord, and the landlord needs to be responsible for the complaints from homeowners impacted by the renters. She said the right of a landlord ought to be a privilege that can be revoked if the landlord doesn't accept the responsibilities that privilege is based on, and felt that it is the responsibility of the City to enforce the ordinances that are in place to protect the property values, quality of life and safety of homeowners from renters. She said rentals ought to be brought Lip to City code regarding the number of entrances and parking spaces. She said it is up to the City to license landlords and enforce the landlords' licensing responsibilities. There was discussion of the cost of an inspection program. Page 4 of 12 City Council Meeting January 5, 2010 Councilmember Cook said she would be meeting with Police Chief Gannaway and Community Development Director Turnblad regarding this issue and had asked Fire Chief Glaser to check the City of St. Paul's web site regarding its certificate of occupancy program, a basic check of livability before landlords are able to rent out a unit. Councilmember Cook stated she has received numerous calls asking what the City is doing and suggested the support indicates the community is reaching a zero tolerance regarding quality of life issues; Councilmember Cook stated she is also meeting with a councilmember from St. Croix Beach, a community that is also struggling with this issue and is looking at a rental housing ordinance. CONSENT AGENDA 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 Stillwaterand 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 Councilmember Cook asked that Item 1 be pulled for discussion. Motion Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda, except Item 1. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Item 1, Councilmember cook asked if the City was purchasing another Zamboni. City Administrator Hansen explained that it takes a long time to order a Zamboni and this is payment for the purchase previously approved. Motion Councilmember Polehna, seconded by Councilmember Roush to approve Resolution 2010-01, directing payment of bills. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 5 of 12 City Council Meeting January 5, 2010 PUBLIC HEARINGS Case No. 09-47.This is the date and time for a public hearing to consider a request from Teary O'Hara for a special use permit transfer of the James Mulvey Inn to Teary O'Hara and Lee Sather 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. Lee Sather spoke of recent improvements made to the property and that he hdpes to operate the Inn as he has in the past. He said he is respectful of the neighborhood and the history of the property. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Roush asked if there are any variances involved; Community Development Turnblad stated that is just general language to avoid re-publication if there are any variances involved. Councilmember Roush asked about the difference between a B&B and a hotel, motel, rooming house or boarding house. Mr. Turnblad explained by definition, B&Bs differ quite a bit, noting there are 12 conditions in order to be considered a B&B including such items the offering of meals, having a resident manager, and other commercial differences. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2010-08, a resolution approving a Special Use Permit for a Bed and Breakfast at 622 Churchill St W (Case No. 2009-47). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 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. Community Development Director Turnblad reviewed the request to co-locate on an existing monopole at the Stillwater Junior High School site. He said the applicant has agreed to paint the equipment to match the environment, the antenna to match' the light pole and cabinets to match the colors of the press box. He said all conditions have been met and approval is recommended with the conditions listed in the staff report. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 6 of 12 City Council Meeting January 5, 2010 Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010-09, 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 (Case No. 2009-48). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09-49.This is the date and time for a public hearing to consider a request from Bob and Janet Meisterlinq for preliminary and final plat approval and for the subdivision of one lot into two lots located at 12550 72 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. Community Development Director Turnblad reviewed the site and request to subdivide the property from one lot into two lots. He said the proposed rezoning is consistent with the neighborhood and consistent with the City's comprehensive plan. He also reviewed the proposed plat, which includes designated right-of-way for 72 Street, and an outlot of lakeshore property. He said sewer and water will be extended to the site for future connection. He said the Planning Commission and Parks Commission, along with staff, have reviewed and recommended approval of the rezoning and plat with five conditions of approval. He spoke to the issue of development fees and the recommendation to charge $20,102, the existing development fees, which is a reduction of what could be charged, noting that fees are proposed to be charged only to the new home site. Councilmember Roush asked if there would be access from Myrtle Street. Mr. Turnblad said access would be from 72 Street only, but a ghost plat was done for the property for future road connections. Mayor Harycki pointed out the Council had some discussion regarding the development fees at the 4:30 p.m. meeting with a possible solution discussed to defer the fees until the property title passes ownership, at which time the fees would have to be Old to the City; he pointed out that at this time, the property is not changing ownership, but there is a need to construct a new home on the property due to health issues. Mayor Harycki asked if the deferred fees would be fixed or increased based on inflation/interest. City Attorney Magnuson said the fees would be reviewed/adjusted every year. On a question by Councilmember Gag, Mr. Magnuson reviewed the conditions related to hookup to City sewer and water; Mr. Turnblad noted the cost of extending sewer and water are construction costs, not fees, and are the responsibility of the property owner. Page 7 of 12 City Council Meeting January 5, 2010 Councilmember Roush asked if any covenants would be placed regarding the size of the house; Mr. Turnblad said no covenants are proposed, noting that just one home would be constructed. Mr. Meister ling briefly described the proposed home; he spoke to the costs in fees/assessments to build the new home, costs incurred before construction can even begin. Mr. Meister ling said total fees and expenses amount to $139,000, the most significant of which, about $64,000, is to bring in sewer from the north. He asked that consideration be given to allow him to drill a well instead of connecting to City rivater, which would save about $20,000 in costs and that he would do that with the stipulation that if any further development were to occur on the property, connection to City water would be required. He said the well should have no negative impact on the eco-system, and they would be willing to install rain gardens to control runoffs from the roof and driveway. Mayor Harycki noted the Council dealt with a similar situation regarding a property on the South Hill. Mr. Meister ling noted he is not requesting a deferment of hookup from sewer, only the water. Public Works Director Sanders said he would have to check into whether drilling of a well would be allowed in that area. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag said in this case, where there are not multiple lots involved; he thought the issue was one of fairness and that he would support doing something about the well if possible. Motion by Councilmember Gag, seconded by Councilmember Roush, moved to approve the project and have City Attorney Magnuson create a development agreement addressing the issue of item 5, deferment of fees as outlined, as well as possible allowance of drilling a well and deferring of water hookup requirement. It was noted that this will come back to the Council for a second reading. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business NEW BUSINESS Designation of Vice Mayor Motion by Mayor Harycki, seconded by Councilmember Cook to designate Councilmember Roush as Vice Mayor and adopt Resolution 2010-10, Designating Council Vice Mayor. Page 8 of 12 City Council Meeting January 5, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Designation of Council representatives for Boards/Commissions & Lumberjack Days Committees Councilmember Cook stated she would like to stay with the Heritage Preservation Commission and noted she is also on the Special Events Committee and Lumberjack Days Committee. Councilmember Gag said he would be unable to continue to serve on the Parking Commission due to the time of the meetings. In discussion, it was decided to have City Attorney Magnuson develop a resolution allowing membership by a councilmember or the general public on the Parking Commission. Councilmember Polehna volunteered to stay on his current commission assignments, along with the Yellow Ribbon committee, but noted an alternate should be found for the Middle St. Croix Water Management Organization. Councilmember Gag volunteered to serve as alternate for the Middle St. Croix WMO and to continue his current assignments excluding the Parking Commission. Councilmember Roush volunteered to remain on his four current commission/committee assignments. Motion by Mayor Harycki, seconded by Councilmember Polehna to approve the following 2010 Council committee appointments. All in favor. Joint Cable Commission - Councilmember Roush Planning Commission - Councilmember Gag Parks Board - Councilmember Polehna Heritage Preservation Commission - Councilmember Cook Human Rights Commission - Councilmember Polehna Lumberjack Days Advisory Committee - Councilmembers Cook and Gag Lumberjack Days Music Committee - Councilmember Roush Middle St. Croix Watershed Management - Councilmember Polehna — Alternate Councilmember Gag Joint Board - Councilmember Roush & Mayor Harycki Convention & Visitors Bureau - Mayor Harycki Fire Relief Association Board - Councilmembers Gag and Roush Request from Calsev Hoefler for a 24/7 parking ramp pass Community Development Director Tumbled reviewed the request and stated that the resolution setting rates for the parking ramp stated 24/7 residential parking permits would not be sold, with the exception of the 8 spaces designated for the Rivertown Commons. The person making the request lives in downtown Stillwater, and thought the Council should stick with the resolution until the parking use is known. There was discussion about possibly offering off-season 24/7 permits in the future. Page 9 of 12 City Council Meeting January 5, 2010 Councilmember Cook asked if the Council would be dealing with similar requests. Mr. Turnblad said he interpreted the Council's action as affirming the position of not offering any 24/7 residential permits. Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to deny the request. All in favor. Possible approval of a snow removal contract for sidewalks Community Development Director Turnblad noted the Council had given direction to staff to solicit bids for snow removal contracts for owners who don't remove snow from sidewalks within the designated period after a snowfall. He said three bids were received, with Lehmicke Construction the "apparent" lowest bidder based on a possible scenario for needs. On a question by Councilmember Roush, Public Works Director Sanders stated the City removes snow from sidewalks on all City-owned property, but no residential sidewalks. Councilmember Polehna asked where bids requests were published or solicited as there were no Stillwater companies represented in the bidders; he asked that in future bids be advertised/posted in Stillwater. Motion by Councilmember Roush, seconded by Councilmember Gag to adopt Resolution 2010-11, approval of Snow Removal Contract (Sidewalks) with Lehmicke Construction Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Work Plan Mayor Harycki asked that the Council review the work plan, Councilmember Cook asked if the Council would be holding another retreat. It was agreed to add a retreat to the May work plan, with a notation added to the April work plan for discussion of possible topics for the May retreat. It was agreed to tentatively schedule the retreat for May 7 from 9 a.m. to 3 or 4 p.m. Mayor Harycki noted fee adoption is scheduled for the second meeting in April along with the Yellow Ribbon update; he asked Councilmember Polehna to review the state plan at that time. City Clerk Ward reminded Council that the first meeting in February will take place on Monday, February 1. Page 10 of 12 City Council Meeting January 5, 2010 COUNCIL REQUEST ITEMS Councilmember Cook told the Council the Heritage Preservation Commission would like to have a retreat to re-evaluate its mission and efforts. Members were supportive of the HPC retreat. Councilmember Gag said the issue of garbage was brought up at his recent Town Hall meeting and wondered if the City had contacted garbage haulers for their input. Community Development Director Turnblad said Planner Pogge has spent countless hours on this issue and has talked to haulers and that he would have Mr. Pogge prepare a report for an upcoming meeting. Councilmember Roush informed the Council the Aurora Staples Inn was the only Minnesota property named to the top 10 list of B&Bs in the Great Lakes area and congratulated Inn owners. Mayor Harycki spoke about the possibility of placing salt barrels at various spots on the North Hill where intersections get icy. He showed a photo of the type of container he had in mind. Public Works Director Sanders will look into the issue. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 8:50 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Page 1 1 of 12 City Council Meeting January 5, 2010 Resolution 2010-01, directing payment of bills Resolution 2010-02, designation of depositories for 2010 Resolution 2010-03, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute Resolution 2010-04, approval of contract between the City of Stillwater,and Sand Creek Group, Ltd. 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. Resolution 2010-06, approval of arbitrage compliance - engagement letter with HLB Tautges Redpath, Ltd. Resolution 2010-07, approving the grant acceptance form from the Minnesota Historical Society Resolution 2010-08, a resolution approving a Special Use Permit for a Bed and Breakfast at 622 Churchill St W (Case No. 2009-47). Resolution 2010-09, 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 (Case No. 2009-48). Resolution 2010-10, Designating Council Vice Mayor. Resolution 2010-11, approval of Snow Removal Contract (Sidewalks) with Lehmicke Construction Page 12 of 12 cit o6 Stiffiotek, LAAonota C Pitodaunatiop WHEREAS, the City Council requested that a portable restroom enclosure be constructed on Water Street; WHEREAS, this enclosure is part of the beautification improvements to Stillwater downtown area; WHEREAS, George Thompson, a resident of Stillwater, volunteered to build the enclosure at no cost to the City. NOW, THEREFORE, I, KEN HARYCKI, by virtue of the authority vested in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim Wednesday, January 20, 2010 as: GEORGE THOMPSON DAY and call on all citizens to acknowledge the volunteerism of George Thompson done for our community. IN WITNESS WHEREOF, 1 have hereunto set may hand and caused the Seal of the City of Stillwater to be affixed this 19 day of January 2010. Cit od S tiQQWOLCIt, ottiRnesota Cenqicate q ulppheeiatioN peened to SUSAN MOORE WHEREAS, SUSAN MOORE, IS RETIRING FROM CITY EMPLOYMENT, EFFECTIVE JANUARY 29, 2010; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, SUSAN MOORE BE, AND SHE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID SUSAN MOORE HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR FOURTEEN PLUS YEARS. THE COUNCIL REGRETS THAT SHE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF TO THE SAID SUSAN MOORE. ADOPTED BY THE CITY COUNCIL THIS 19 DAY OF JANUARY, 2010. ayok RESOLUTION 2010 -14 COMMENDING SUSAN MOORE FOR FOURTEEN+ YEARS OF SERVICE WHEREAS, SUSAN MOORE, IS RETIRING FROM CITY EMPLOYMENT, EFFECTIVE JANUARY 29, 2010; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, SUSAN MOORE BE AND SHE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID SUSAN MOORE HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR FOURTEEN PLUS YEARS. THE COUNCIL REGRETS THAT SHE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED SERVICE. ADOPTED BY THE CITY COUNCIL THIS 19 DAY OF JANUARY, 2010. Attest: Diane F. Ward, City Clerk Ken Harycki, Mayor City o1 ti wat eh, JUNI sofa Cekti6icate u4ppireciation phesented to KATHERINE ROGNESS WHEREAS, KATHERINE ROGNESS, IS RETIRING FROM CITY EMPLOYMENT, EFFECTIVE JANUARY 29, 2010; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, KATHERINE ROGNESS BE, AND SHE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID KATHERINE ROGNESS HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR ELEVEN PLUS YEARS. THE COUNCIL REGRETS THAT SHE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK BE, AND SHE IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF TO THE SAID KATHERINE ROGNESS. ADOPTED BY THE CITY COUNCIL THIS 19 DAY OF JANUARY, 2010. RESOLUTION 2010 -15 COMMENDING KATHERINE ROGNESS FOR ELEVEN+ YEARS OF SERVICE WHEREAS, KATHERINE ROGNESS, IS RETIRING FROM CITY EMPLOYMENT, EFFECTIVE JANUARY 29, 2010; NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, KATHERINE ROGNESS BE, AND SHE IS HEREBY COMMENDED; THAT RECOGNITION BE GIVEN TO THE FACT THAT THE SAID KATHERINE ROGNESS HAS SERVED THE CITY FAITHFULLY, EFFICIENTLY AND COURTEOUSLY FOR ELEVEN PLUS YEARS. THE COUNCIL REGRETS THAT SHE IS RETIRING FROM CITY EMPLOYMENT BUT EXTENDS TO HER ITS APPRECIATION FOR HER DEDICATED SERVICE. ADOPTED BY THE CITY COUNCIL THIS 19 DAY OF JANUARY, 2010. Attest: Diane F. Ward, City Clerk Ken Hrycki, Mayor Memo Community Development Departmen To: City Council From: Michel Pogge, City Planner P" 7 Date: Wednesday, January 13, 2010 Re: Outdoor Wood Burners/Boilers (OWB) Message: At Councils requested, below is a summarize what other communities are doing with OWB in the area and around the state. City Status City of White Bear Lake No regukation City of Bayport No regulation City of Oak Park Heights Zoning — Regulates new OWBs. Exiting OWBs are grandfathered. City of Woodbury Nuisance - Total Prohibition on new and existing OWBs. Zoning —Allows OWBs in Conservancy, Agriculture, Rurar Residential and Industrial Zoning Districts only. Prohibits in all others districts. Existing City of Forest Lake OWBs are grandfathered. Nuisance - Regulates new OWBs. Prohibits the continued operation of OWBs that don't meet the minimum code requirements for separation City of Kennedy, MN and design„ City of Harmony, MN Nuisance - Regulates new units. Allows non units to continue. Nuisance - Regulates OWBs with distance and chimney height City of Sabin requirements. Prohibits operation of them between Nlay and October. Nuisance - Prohibits new units. Grandfathers existing but does not allow City of Underwood them to be replaced. Attached is also the report from the NY Attorney General's office related to the health effects and other issues neighbors to OWBs face. Some regulation of OWBs seems prudent. The Council should consider: 1) Should the City regulate OWBs? If so, should it prohibit them or simply regulate them. 2) Should the City "grandfather" existing OWBs? The Council should review this information and direct staff on how to proceed in drafting an ordinance related to OWBs. From the desk of... Michel Pogge, AICP 'City Planner 'City of Stillwater .216 N. 4 Street 'Stillwater, MN 55082 651.430-8822 'Fax: 651.430-8810 'email: mpogge@ci.stillwaterson,us Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State 111111 Eliot Spitzer Attorney General of New York State Environmental Protection Bureau August 2005 Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State Report Prepared by Judith Schreiber, Ph, 0. Chief Scientist Robert Chincry, RE, Environmental Scientist Jared Snyder Assistant Attorney General Eugene Kelly Assistant Attorney General Emily Valerio Science Policy 'Intern Ernesto Acosta Science Intern Office of the Attorney General Environmental Protection Bureau Peter Lehner, Chief' The Capitol Albany, NY 12224 800-771-7755 www.ong„state.ny.us Acknowledgments: Special thanks to Peter Skinner, RE., and Elizabeth Lenig for contributing to earlier drafts of this report., and to the various reviewers al the Albany Environmental Bureau for thoughtful comments and ugg es tions. CONTENTS Executive Summary Introduction: The Increasing Use of Outdoor Wood Boilers (OWBs) II. OWB Pollution . ...... . , . , , . ...... ..... „ .. 5 A. OWB Operation and Smoke ..... _ . . — ........... 6 [3. Human Health impacts of OWB Smoke _ . ..... _ , „ „ , „ „ , 9 C. Neighborhood Problems Created by OWB Smoke . 12 IIL OWB Efficiency, Costs, and Performance , . _ „ ...... . „ „ 13 A. !leafing Efficiency ......... C. Environmental Performance — ........ • — — ...... 16 IV. Current Regulation of °Wes _ „ „ — — , , 17 A. Federal and State Regulations ... „ , , „ . , , B. Local Requirements „ . _ . . „ ............ • _ . ..... „ , _ 18 V. Recommendations , „ — . — , _ 20 A. Develop Federal and New York State Regulations — , — — , „ . 20 B. Adopt Local Requirements _ „ , „ • . ..... _ _ . , — 2 I C. improve Performance of and Information About OWBs . , 21 D. Increase Consumer Awareness — — — — 22 Appendix A Emissions from Outdoor Wood Boilers as Determined by EPA or Laboratory Tests ....... — • 23 Appendix R Heating Efficiency of Outdoor Wood 13oilers . „ 24 Appendix C New York State Contacts for OWB Problems ..... „ „ ...... „ 25 Appendix I) Town of Queensbury Ordinance ....... „ — — 27 Appendix E References and Additional Information . _ , , . „ „ „ . „ . , „ 30 TABLES AND FIGURES Table 1: Number of OWBs Sold in New York State and Nationwide, 1999 to 2004 _ • , 4 Table 2: Comparison of Emissions from Various Wood Combustion Units . . . ........ „ „ _ _ 8 Table 3: Initial Cost of Various Heating Systems ....... „ ...... . _ _ . 14 Table 4: Fuel Costs for Various 'leafing Systems . _ . — . , , „ „ • . 15 Table 5: Municipalities with Requirements Pertaining to OWBs „ — „ . „ .... 19 Figure 1: Schematic of OWB and I tome .............. .......... „ „ 2 Figure 2: Schematic of Inside OWB — — — , 3 Figure 3: Comparison of Chimney Heights _ „ . „ ..... , ... 4 Figure 4: Relative Emissions of Fine Particulate Matter from Horne Heating Devices .... _ , „ 9 ACRONYMS USED IN THIS REPORT ASTM Association for Standards and Testing Materials BTU British Thermal Unit CDDs Chlorinated dibenzo-p-dioxins DEC New York State Department of Environmental Conservation DOH New York State Department of 11ealth ECL, Environmental Conservation Law EPA United States Environmental Protection Agency 1-1PBA Hearth, Patio, and Barbecue Association NYCRR New York Code of Rules and Regulations OAG New York State Office of the Attorney General OWB Outdoor Wood Boiler PAll Polycyclic Arornatic Hydrocarbon PCBs Polychlorinated hiphenyls PM Particulate Matter Executive Summary Homuownen\ especially inrural communities, are increasingly turning to wond burning units installed outside the home, known (LS outdoor wood boi|oo(OW8x). Lo heat their hornes, 0\V8 sales have tripled in New York since lOY9. with over 7.0OO OWBs sold from 1999 to 2004. The New York State Office of the Attorney General (OAG) Environmental Protection Bureau reviewed information on OWBs arid analyzed the manufacture, distribution, testing, ondxuiuoofOlYBx;nNcw York State. We found that while OWBs are advertised as ucleun and economical way to heat one's house and water, OWBs may be ainong the clirliest and least economical modes of heating, especially when improperly used. Even when used properly, OWBs einit, on an average per hour basis, about four imes as much fine particulate matter pollution as conventional wood stoves, about 12 times as much tine particle pollution as EPA-certified wood stoves, 1000 times more than oil furnaces, and |8O0hmexmore than gas furnaces, Such emissions are significant because fine particulate matter pollution has both short- tomunJ|nng-ternnhuu|thnffecu. Currently neither federal nor New York State regulations address the proper use of, or limit the pollution from, OWBs. Unlike indoor woodstoves and other heating devces, OWBs do not have to meet safety or performance standards. In the absence o[such regulations, sorne local governments have imposed sensible limits on OWBs, which arc described in this report. We recoi'nmend that comprehensive testing protocols and ernission limitations be euacted, We also suggest practical steps that owners and neighbors can take to mitigate enviroiuucntal and health problems associated with OW133. I. Introduction: The Increasing e of OWBs In 'he. 1980s, as the cos ny oil and natural gas rose and as Americans artenped 10 reduce their heating expenses, the prevalence ofrcsidential wood buming stoves and furnaces increased. As of 1998, nine percent of the homes in the United States used residential wood combustion units (including wood stoves, fireplaces, pellet stoves, masonry heaters and wood-fired furnaces) tbr at least a portion of their heating needs.' The United States Environmental Protection Agency (EPA) established emissions standards in 1988 for indoor residential wood stoves in an effort to decrease people's exposure to particulate matter, carbon monoxide, and other pollutants. Consequently, all new residential wood stoves sold in the United States since |992 require EPA cortifioa1ionand pollution oonoo|x.` OWBs, however, which were rare 1988, aie not covered by the EPA iesidential wood stove regulations, Houck, J..mN.,Air Emissions Residential Heating: Be /yood Healing Option. Put into 6n"^"`rmenm/ Perspective, Proceedings nfoD.S. EPA and Air Waste Management Association Conference Imissiun nventory: Living in a Giobal Environment, v, 1, PP. 373 (1998). 2 Standards oF Peri'urniance ibi' New Residential Wuod 1 ftaters, 40 CFR § 0.530-60.539b, i\ list ef EPA approvcd woocl staves can be found on (he E1'A wehsite, ovai)abk' at 'c"o`n|i^,u"/uxm,uvsi`"Wicadm`slnv j.:y fled wood 'otif Host accessed ) An OWB is a freestanding combustion unit located outside the home or structure to be heated (sec Figure 1) that consists of a firebox surrounded by a water reservoir (see Figure 2), While designs vary by inanufactura, a typical OWB resembles a small shed with a short chimney to release combustion gases and an oversized firebox, built to accommodate unsplit logs up to five feet in length, OWBs vary in size, but are typically three to five feet wide, six to nine feet deep, and six to ten feet tall, including the height of the chimney. Figure 1: Schematic of OWB and Home Home Receives Heal. and Hot Water from the Outdoor Wood Boiler FURNACE Hot Water For Dotritstic tfs.r, Hot Watt" '1 .A(4t.e'r 2 Outdoor WOO d t Vti R etu s 11.0( Water orn OWB 1 OWB Firebox iwaui ivt.f OWB Chin ney OWBs are designed to accommodate large wood loads which can burn for many hours without tending. Wood is placed in the firebox (combustion chamber) by the OWB operator and is ignited. The water in the reservoir surrounding the firebox is heated when hot combustion gases from the firebox pass, via pipes, through the reservoir to the exhaust stack (see Figure 2), The heated water is pumped through insulated underground pipes from the OWB to the home or building where it is circulated through the home's heating system. Wood in the firebox. continues to burn until the temperature in the home reaches the desired level. A thermostat in the home controls the burn rate of the fuel by varying the amount °l air that is supplied to the firebox for wood combustion. When the thermostat temperature is reached, the firebox is deprived ofoxygen, leaving the wood smoldering, until more heat is needed. Figure 2; Schematic of Inside 0W13 In a d door Load ry ^ door Dube s KimJce sdwreat[o. supporting Ves ne po 5,5 oe water storage ri smoke pal) 1111 wood fuel er, insulation f. In contrast to indoor wood stoves, which feature chimneys located above the building's roof line, smoke is released from the OWI3 via a short chimney, typically at a height of approximately six to ten feet (see Figure 3), Chimney extensions are sometimes added to increase the height. /v..lapted frail n V iiFitJ, J. '<i.v)(1. C:klyR" R. 1:'ntlISSIOnS l'POM ()Ilfcloor ;PIOChi-iiurnst7,1:; iec.i`r(:lemitul Ito" Jiir Furrlace„ 7 l '99 Figure 3: Comparison of Chimney Heights O Hei NY State OWB 19 2000 60� 1037 482 � 6865 2001 1721 15330 2002 947 10552 4 HOUSE 0V/Uv are increasingly, becoming o primary method of heating homes io winter and providing hot water year-round. The number of OWBs sold annually in New York State has tripled from approximately 60D units in 1999 to l,880 units inJ0O4i Sales across thc Unted States have sirniiarly increased, from about 4,800 in |V9Vto over 15,0VOin2OUl Based on partial data for 2OO4,itis estimated that 24.5000YYHs were sold across the US, in 2004. Since |V99 the 77 units sold nationwide, nearly 7.30O0YYBx have been sold in New York State (see Table |). Table 1: Number ofOWBu Sold inNYSand Nationwide, 1999 to 2004 2003 1272 15340 *Estimated based on partial date for 2004 and assuming continued rate of 2004* 1880 24560 T0TA 740 77474 There arc at least 2] manufacturers ofOVVBa that sell units in the United States see Appendix Cfor names and contact in{onnotinn). Manufacturers typically sell OYVBsto customers both directly and through more than 300 distributors and local dealers in New York State. One manufacturer accounts for appro'ornately one-third ofthe United States sales since 1999. II. OWBD^ollutinn St'ate health arid environmental agencies have received xAmwing number oy complaints from owners and neighbors that OWBs produce thick, acrid, foul smoke that permeates bui!dings and homes, causing not only anuiououc. but also environmental degradation and health problems. Even when operated using clean seasoned wood, O\VBscan emit si nifioaotpn||u600brcawondhehsu{odesigo o[ the OV98 causes fuel to burn incompletely„ or smolder, resulting in thick smoke and high particulate ernissions The p,ob(um is aggravated when other materials, such as wet wood, processed wocd, and garbage are burned. The short OWB chimney and reduced draft often fail to disperse the smoke, resulting in more concentrated pollution at lower heights reaching residents and neighbors. Exposure to this smoke, like other pollutants, can cause or contribute to short-term health harms such as eye, nose, throat, and lung irritation, coughing and shortness ofbreath, and may exacerbate asihma or trigger asthma attaeks. Chronic exposure to smoke can cause long-term effects such as asthma, heart and king disease, and cancer. A, OWB Operation and Smoke Wood smoke is one of the primary contributors to certain types of air pollution in the United Stales,' especially in rural areas. Even though wood combustion accounts for only about nine percent of the. nation's home heating needs, it accounts for an estimated forty-five percent of the total fine particulate rnatter directly released by all fuel combustion used for residential heating.' ?o obtain the most efficient — and thus cleanest —humfromuponduombuxbondevioe, dry wood should be burned ino manner that allows airflow and oxygen tuthe greatest unmoniu[ surface area. 0\V8u create smoldering conditions which in turn produce excess smoke, An efficient fire should produce clear exhaust during warmer mnnths white exhaust (steam) during colder months. An inefficient fire produces gray, black, or thick smoke and releases much more harmful particulate. matter. 0ccuvxoOV/13s are designed to respond to the thermostatic setting byxmvNoring when less heat is required, they produce heovy smoke crnissions more often than rnost other wood combustiori devices. Smoke from OWBx becomes more problematic. when the owner bums items other than diy seasoned wood, Burning wet, damp, or green wood reduces the efficiency and heat output of any wood combustion device and increases particulate emissions.' The energy that could be released in the form of heat is instead used to boil off the water content of the wood, which in freshly eut, green wood can be as much as filly percent o[the total weight. Thus, to generate the same amount o[hox(, more wood musi be burned, increasing emissions of carbon dioxide — the most important pollutant responsible For global warming. In addition, when energy is cxpended to charige %vater into steam, lhc teniperature of the fire is decreased leading |o incomplete combustion o[ the wood fuel. When that happens, increased amounts o[ unburned particulates will be emitted with the steam and combustion 8osoa. Finally, all wood combou/ion, but particularly incomplete combustion such ux in OWRs, produces x variety o[toxic Fisher, 1.., et al., Long-Term Performance of EPA-Certifieti Phase 2 Woodstoves, Klamath Falls and Portland, Oregon, 19980999, EPA/600/SR-00/100 (2000); McDonald, J,, et at., Pine Pc,riic/c and Gaseaus Emission Rotes frnmResidential Wood Combustion, Environineritat Science and Technology 34(1 i) 2080- 2091(2000). National Air Quality and Emissions Trends Report, 2003 Special Studies Edition, 00ceufAir Quality Planning and Standards, EPA 4}4/R-0J'N05 (September 2D0); Houck, l,o(a|, Air Emissions from Re^/demiv//e^ti"g° The Wood Heating Option Put into Environmental Perspective, Proccedings of the LLS. EPA and Air Wste Management Association Conference, Emissions Inventory Living ina Global 5nrimnmcnt.v.1. pp. ]7]-]X4(|998). While wood accounts for nine percent of residential heating, fossil fuels — most burned in a home furnace but some burned in a power plant to produce electricity — are used for most US residential heating. Electricity-generating power plants emit the majority of their pollution as gases that are, in part, converted in the atmosphere to line particles so that their overall contrIbuticm to fine particulate pollution in the ambient air is greater than thal of wood comhusion. ' CPx. Reducing Air Tvxin in Your Cvvmvn"y.EPA'453/F-83{0| (October 2004); American Lung Association, 1-Voucibtoitiing (April 2000). " Burning, We wood will result in creosote build-up inside the firebox arid chimney. Creosote is flammable sticky tar-like substance that is often responsible for chimney fires if it is 1,1lowed to accumulate lioorn ;111 hniiio| gray powdery dusting into o thick crystalized hui|d'vp.Cleaning the firebox and chimney regularly will increose flou. in the 1,•irood beater, I. hereby reducing, the rate of creosote build-op. 6 emissions including carbon monoxide, 0onnadehydo bxnzxne, naphthalene., and po|yoydiemommxix When construction materials, packaging crates, and hornc garbage (which often includes plaxtlox, rubber, batteries, electronics, and other materials unsuited for disposal by backyard combustion) are burned, the emission of harmful pollutants inueaxu, 'While emissions from 0VYHs that burn household items have not been studied, studies of backyard burning of garbage have found that emissions include, but are not limited to, carbon monoxide, hydrogen chloride, hydrogcn eyanide, benzene, styrene, formaldehyde, arsenic, lead, chromium, benzopyrene, dioxins, furans, and PCBs. According to a study conducted by EPA, the New York State Department of Health (DD{U, and the New York State Department of Environmental Conservation (DEC), burning approximately ten pounds of household trash in a burn barrel releases as rnuch air pollution as oznoderm, well-controlled municipal waste incinerator burning 400,000 pounds of tmsb. Although OWBs have not been subjected to extensive testing, limited testing (shown in Table 2 and Appcndix A) has indicated that emissions af' fine particulate matter (defined uo particulates smaller than 2,5 /ni||ionths of meter in diameter, and referred to as PM 2.5) from horning wood in [>VY8o are about four to |26meshighurthunthcenoirsinnxfrnmindournmoUsbovcx. Conventiorial wood stoves manufactured prior (o 1992, which were not airtight. and had no pollution controls, generated an average n[|8.5 grams PM3,5 per hour, whereas the newer EPA-certified wood stoves averaged about six grams per hour." In similar tests, OWB emissions ranged from i 8 to147 grams PM 2.5 per hour and averaged Larson, R. and Koenig, J,, Slummary of the Emissions Characterization and Noncencer rBespirom/y Effects of Wood Smoke, Epx'*53/k'9]'0]G(|993); Washington State Department. of Ecology, Health Iffectsu/Wood Smoke (March 1997). '"Not surprisingly, fbr this reason he FIearth, Patio, and Bwhecue Association advises homeowners to never use the following: trash, plastics, gasoline, rubber, napthu household garbage, nmtedu| tro ted,dthpcun|uww products (particle-board, railroad tics, pressure treated wood), leaves, paper products, and cardboard, Hearth, Patio, and Barbecue Association, Smoke Troubleshooting Checklist for Outdoor Furnaces, (April 2004), available at wv,w,linha.orulisovrelationAroubleshouting_ciuidlinesmdf (last accessed May 3 1,2005). Lemieux, P, Project Summary. Evaluation »/Emission, nm/he Open Burning of/foumhold Waste in Barrels (with Errata), CPA/GOO/SR-97/|]«(October 200]). '/ Particulate pollution is typeioVymmumred using EPA Tesi Method 5 which col!ects PM 'as sniafl as 0.3 microns. An additional test can then be used to distinguish 'between particles larger or smaller than 2,5 microns, Studies have shown that nearly all of the PM emitted in woodsmoke is PM2...5 or smaller, Houck, .1,, and Tiegs, P., Residential Wood Combustion —9k^z,5 Emissions, WESTAR PM2,5 Workshop, Reno, Nevada (Ju|y 109$)(93v6o| the particulate emissions from wood combustion is PM2.5). In its EISSeSSMent, The Mid-Atlantic Regional Air Management Association assumes that. |00 percent o[PK4cmioiuns6vm"mudovmhm/ioni*Pwi2.5orsmu||er. See Technical Memorandum No. 6: MANE-VU Residential Wood Combustion Emission lnmumty, Mid-Atlantic Regional Air Management Association (April 30, 2004). " Valenti, J, and Cloyton, R,,, Emissions from Outdoor Wood-Burning Residential llot Water Furnaces EPx-600/8'98'017 (February }990). LTA has established emission limits on indoor wood stoves, distinguishing between those with catalysts (through which the smoke passes, causing addiu000| combustion) and those without catalysts. The EPA limits are 4.|'and7.5 grams P»4z.5 per hour respectively. *s can b, seen io Table 3 Ling indicates that. many catalytic stoves are not, in fact, meting Mc legal limit. 7 aboul 72 grams per hour» [o comparison to other emission sources, mnoO\VBproduuo approximately as much PM 2,5 per hour as two heavy duty diesel trucks, 45 passenger cars, 1000 oil furnaces, or 1800 gush/manoz. A comparison oFP882.J emssions from various home heating devices is showo in Figure 4. (Coal, while used extensively bordeutcici/y prodoction, in not used extensively in New York for home Type of Wood Combustion Dnit OWB Conventional (non BPA Certified) Wood Stove ' EPA Certified Catalytic Wood Stove ' EPA Certi(ied Non-Catalytic Wood Stove EPA Phase-11 Ccrtilied Woodstove | /9xdico|mtuMuttur, PolycyoOoAmmmbc Average 8ydrocxdmns, (grams per hous) Average (groms per hour) 18.5 "' O']8 62~ Q.|j 6 ,0 "' 0,14~ 4,1: EPA limit for woodstoves 75: EPA lirnit for non-catalytic woodstoves Not Available ' Assumes l.Okg,./h burn rate. " Appendix x. '" Houck, i and Tigp ' P, Residential Wood Combustion Technology Review, Volume /. Technical Report, EyA' 600/R-98-174u. (1998). Fisher, L,vtd, tong-Term Performance 0/2PA-Ce,tified Phase 2Hoodvvves, Klamath Falls and Portland Oregon: 1928/1999 EPA-600/SR-00-100 (2000). , Subpart AAA-Standards n[P=,ro,munc* for New Residential Wood Heaters, 40CFK056V.530'60.5]V6. 'These tests were coriducted eithei by EPA o, laboratories unh,half&maouhuoreo. Sec Appendix A, / ` UvYB. conventional wood stove, and EPA. uv* fled wood stove emission rates From Table 2; emission rates o[U.O7yyh, and D.04 Whir from EPA Emission Factors AP-4J Fifth Edition, v`|umei. available m N,\.Avwc»u.ao,/unVehidlun12/dm|/iodmhon\ (last accessed May 3|.I80g; EPA, Emission Standards Reference Guide o/ Heavy-Duly and mon,ucul Engines, EPA *20'F'97'O|4(Sxp^emhxr. )997); F/`A.Fodeur/C,,/y/co/moEx/m/o/Eviss/n/,Sia,,db/ds for Li,yh/-d,'ty Vehicles (Passenger Cars) and Light-duty Trucks. Federal Test Procedure (r7p) Cold CO, (Ind Highway csnd ldlv7eor EPA 420'g-0O'0O|(Pch,vury. 2000). Figure 4: Relative Emissions of Fine Particulate Matter From Home Heating Devices B. Human Health Impacts of OWB Smoke Exposure to various components of wood smoke and the contaminants found in wood smoke has been associaled with aciverse hurnan health impacts, as hscussed below, The likelihood of health effects depends on many factors, such as the amount ofsmoke to which one is exposed, the frequency and duration of exposure, and the sensitivity of the individual exposed. Fine Particulate Matter (PM: 2.5) Conventional EPA Certified Oil Furnace Gas Furnace Wood Stove Wood Stove 8.07whr 0.04 Umr 1 ( Vi, 5q/h, Exposure to PM 2,5 can cause short-term health effects such as eye, nose, throat, and lung irrimLion, coughing, sneezing, runny nose, and shortness of breath and can also affect lung function and worsen medical conditions such as asthma and heart disease, While the upper respiratory system will filter out partic.les larger than ten millionths of a meter (or microns), PM 2,5 can bypass the body's natural filtering mechanisms to lodge deep in the lungs,'' Scicntiflc studies have linked increases in daily PM 2.5 exposure with increased respiratory and cardiovascular hospital xdnmioiono department visits and Ueuths. Recent studies suggest that long-term exposure to PM 2.5 may be associated with increased rates of bronchitis and reduced lung function, and increased cancer risk. People with breathing problems (such as asthma, bronchitis, emphysema, or pneumonia and/or heart problems, and certain members of '^| TA, /J. binal Dosignntions��'Fir` b'in,Po,ticidaie Standard, Press Release (Dee 17. 9 ° the general population (such as children and the elderly) may be particularly sensitive to PM 2.5. More than 60,000 deaths each year in the United States can be attributed to exposure to air polluted with PM Respiratory and cardiovascular diseases have been associated directly with wood snobocmiomnx. For example, a Seattle arca study noted increases in asthma and other respiratory disease and declines in lung function among children exposed |o wood smoku. Long tunn exposure to wood smoke, like other emissions containing Pk4 2,5, can lead to chronic bronchitis, obstructive lung disease, and an incresed risk of cancer!' PAHs are a group of chemicals that are formed during the incomplete combustion of coal, oil, gas, wood, gurba&u, and other organic substarices such as tobacco. PAHs generally occur as complex mixtures often containing hundreds oF different P6Bs. Tests on miee show that exposure 10 PAIIs during pregnancy results in higher rates of birth defects, lower birth weights, and difficulty reproducing. Animal studies have a]so shown that hmthnhort'tenn and long-term expasure to PAlhoan inhibit the body's ebility to light disease. Some PAHs have been categon7ed as probable human carcinogens (cancer causing chemicals) by the U.S, Department m[ Health and Human Services, and by the International Agency for Research nnCxnc*r! "New York State Department 'fHealth Fact SlieeL Fin »cniicks (Pitt 2 5) Questions and ,4vxvco 280}. revised July zVDo), available m r°w]`ea\th+uue."`,vsinnilo1v&*,xo"n/ u.ho^ (last accessed " Washington State Department of Ecology, Air Quality Program', Health Effects of Wood Smoke (March V997 updated August 2VO4). Ze)iko[[J,otuL The Toxicology 4/Inhaled Won4rwoke. Toxicology and Environmental Health, Part hi, 5: 269-282 (2002 , Koenig, l.m^i Pulmonary Function Changes in Children Associated with Fine Particulate ,4ir Pollution, Environmental Research 0(|): 2t-18(1Y93); Larson, 1 and Koenig, l Smoke: Emiss/un,"nd Nonconeer Respirataiy Effects. A.n Ilev Public I lealth 15: 133-56 (1994). 21 American Lung Assaciution, WoodSr Affects Your Health (|99O); A/mnm`o Summary Overview 'ifHealth Elleo, Associated with Residential Wood Combustion: Health Effects issue ilssessnwv. Internal Report, EPA, Research Triangle Park, NC(19C0}; Larson, T,uuL Urban Air Toxios kfiogv/ionJ*'^y. Phase 1, University or Washington repoil suhinitted to the Puget Sound Air Pollution Control Authority (1988); Morris, K., et al., Wood !homing Stoves and Lower 8pspirx/*y 'Traci infections /v American Indian Children. American Journal ofDiseases o| Children 1-14 m5'|08 Stevens, K.ctui o/Al^/^gen/r Activity in Urban Fine Particles, loxicol. Industrial Health 6: 81-94 (1990). o xge/cy for Tnio Substances and Disease Registry, /oxtovlogua/Profile for P^/ncy,lic A/ovu» Hydrac,.7rbon.s (August 19951, 10 Carbon Monoxide At low concentrations, carbon inonoxide can cause fatigue in healthy people tnd chest pain in people with heart disease. At higher concentrations, it can cause impaired vision and coordination, 'headaches, angina, dizziness, coofbyion, and nausea. Exposure can cause flu-like symptoins that stop after exposure unds. U can also be fatal at very high concentrations, due to the formation n[curbuxyhomug|ohin in the blood, which inhibits oxygen upmke. Benzene 'Exposure to benzene can cause both short and long term health effects. At high concentrations, exposure to benzene can cause drowsines ,dizdnma,rapidheartrate.houduchcounUtrumnm. Long term exposure to lower levels are associated with adverse effects in the blood and bone marrow (leukemia), the immune system, the reproductive system, and increased cancer risk.' Chlorinated Dioxins Chlorinated dihnnzo-p~dioxiox(CDDs ) are a family uf?5 different compounds with varying harmful effects. CDDs are released to the environment during combustion of fossil fuels (coal, oil, natural gas) and wood, and during incineration processes. F3urning materials that may contain chlorine, such as plastics, wood lreated with puotudi|nropheno| po)yoh|orinNedbiphevyls(PCBn),and even bleached paper can produce CDDs. Exposure to CDDs generally occurs through breathing contaminated air, or through skin contact with materials containing CDDa. .Effects ofexposure depend on the arnount, hut can range froin skin disease, changes in blood, urine, and liver chemistry, as well as potential reproductive or developmental effects. Certain CDI)s have been deierrnined to be likely carcinogens Other Chemicals Wood sirioke contains inorganie and organic irritants such as formaldehyde and other aldehydes, nitrogen • oxides and scirur oxides. Inhalation of'wood smoke containing rriLants can Iead to inflamrnation and swelling ufthe lung tissue and can contribute m respiratory distress. Irritants can interfere with the normal flow ofmucus that removes particles from the respiratory tract, thereby increasing the amounts of particulate matter enlering Lhe lungs. These irritanls can also contiibule to cllergic reactinns. C. Ncighborhood Probkms Created by 0W13 Smoke }PA, Incloor ,4ir Qiicif Tools for Schools Kit, |&V Nkw,eria.uoviianischoulsitishmidee.huni (last accessed May 3 'Agency 0r Toxic Substances and Diseas K,gisuy. Statement (September 1997). 2 ' Agency for Toxic Substances and Disease Registry, Dioxins, Publie Health Statement (December 1998). 2 ' Agency 10, Toxic Substances aod Disease Registry, Dioxide (June 1999). and Nitrogen Oxide (April 2002). Coordinator's Guide, availobk' at Toxicological Profile for Benzene, Public }fealth Toxicological Profile fir Chlorinated Vib,vzu-p' TOXFAQs for Formaldehyde (Jun 1999), Shlfut During sujnmcr iirniiths and calm wiriler days, wood srnoke s slow to rise and disperse, VVbhOYYB chirnneys not high enough to cari'y tho srnoke past the heights of surrounding homes and local terrain, wood smoke, soot, and toxios may enir hornes and yards ofowriers arid neighbors who ore situated close to OWBs. Wood smoke particulates, due to their small size, can rernain suspended in the air for long periods of time, can cause a smokey haze, and can easily enter homes through air intakes, cracks, doors and windows, Effects on neighbors arc especially apparent when OWBs are installed at the outermost iimi(of the owner's property, and in close proximity to structures on adjacent properties. The OAG has received more than 50 complaints from individuals who are affected hyO\YB-gonomted smoke and odnrs. The complaints filed with the OAG note the following: 1. Smoke OmnO\V8x has led too variety vf symptoms including upset stomach, headaches, dizziness, respiratory effects, and throat and eye irritation. 2. Srnoke from OWBs has prevented residents from enjoying activities inside and around their hnmos. Residents have been unable to use their porches and backyards or conduct normal activities such as,walking (he dog, gai'dening, or hanging taundry outside. Some residents do not allow their children to play outside because ofthe smoke. 3. Smoke from OWBs has forced residents to close their windows, doors, and air conditioning units, in an effort to keep the sinoke and smoke odors from entering Uhei,homus. Residents have complained of wood smoke odors on items inside the homo, such as c|otkin&, curtains and upholsmr/. Smoky conditions indoors have sometimes set off carbon monoxide detectors. 4, Materials besides natural wood are burned in the OWBs, producing even greater amounts of noxious srnuke and odors. �. In a l'ew cases, the unhealthy and nuisance conditions created hy0VY8x have caused complainants to sell their homes. » Cowp|ainu have been received from neopUe<m he &Oorsdng*pmniu: Bnnmme,Cauanaugms ChuuLavqvo. ( Che'mmgu,C|iomn Vntehess Frank h Ha, MTta son„ Onondaga, Saratoga, St. Lzwrewcv Sx mk. |lo Vbux Warren, and Wyoming, One ()n/f3 was adjacent to u puhhrschmd� 1 2 According m the EPA, since OTVBs arc "clesigned 10 be in aed ouiside of the horne, and to heat by an indirect mcthod, they arc exempt from the EPA regulation(s)"'' that cover indoor wood stoves. Currently', no standard ies no standard test methods are available to evaluate the performance ofO\YBx. Approached by the Hearth, Pato, and Baibecue Association (HPBA) in an effort to make tesl data on OWBs comparable, the Association for Standards and 'resting Materials (ASTM) established a committee to develop a consensus-based standard testing method [orO\980.' Until a test method is established, it is rnpossih]e to assess with precision the claims ufmanufacturers regarding efficiency and costs u[OWBx. Some Oirnited testing Oo fibrillation, however, suggests that OWBs may be not only less environmentally sound but may also be less efficient and economical than other heating sources, such as indoor wood stoves, and gas- or oil-fueled Furnaces. A. Heating Efficiency Ilealing efticieney is a measure of heat output retative to rhe loput value of the fuel the actual heai output in comparison to the potential heat output othe fuel. The EPA has found heating efficiencies of about 54 percent for conventional wood stoves, and 68 to 72 percent SorSPA'uurdficd wood stoves?' In compurisnn, data obtained from manufacturcrs on tests conducted onOYV8s found that they have heating efficiencies ranging from 28 to 55 percent, with an average 0143 percent (see Appendix B). B. Costs One of the benefits of OWBs, as advertised by some manufacturers, is that customers will save thousands of dollars in heating costs over the course ofa year. On manufacturer, For example, ciuims: "Over a ten- year period, a homeowner or business may save $10 dollars or more on heating oco$.''` Another advertises that one can "save 69 to 78Y6on your heating costs," and `you will save up to 90Y6 on your heating and hot wutecbH(a." However, these claims 0 f cost savings rna not withstand scrutiny. The initial cost u[ QVV8o is significantly higher than that ofother heating device such as gas and oil furnaces Table 3), many of' which will already be installed in the home.. In addition, OWB Excerpted language is from an EPA exemption letter provided mu" 09/8 manufacturer in response to request for determination of exempt status ini9D9. Lelter from EPA Office of Enforceiiient and (2ornphancc, Energy and Transportation Division, J. Rasnie, Director, dated November 30, 1999, a31'1A, E06.5408„Thr Group on Ontdoor Wood-Fired Hydronie8ontex� Sheraton Hotel and convention Center, Madison Wisconsin, December |'2 '[hc committee, with representatives from G\v8 manufacturers, and state and federal governments, is n the process ufdeveloping testing methods that can be applied to Ov/8y. While generally agreeing that a standard test method should be adopted, cwnrinttee nernbejs are deliberating the quanhily, qualily, inoistui'e contenl, and siaeking position of the wood ki, the test burns, Ideally the adopted test method will be realistic and reproducible, to enable "factory-tested" comparable results among OWBs. p EPA, Rvsinen//a/ Wood Combustion 7ie6molo8} Review, Vuftimo Technical Report. E7A'00XR'98- 174a. (December 1998), Celina! Boiler, 7nc..mv^l/obit! w n\A°,ccnto|^"U,,^"," (last accessed Feb. /8.20O5), Taylor Manufacturing, lne. available msyyuy,uy|"rmig„cmo (last ucce,=d Feb, Z].20o5), 13 manufacturers' claims apparently do not take into account the cost of purchasing or harvesting *ondfuui When the latter cos is accounted ror, any saviiigs ray vanish (see Table 4). Table 3: Initial Cost of Various 1-leating Systems Type of Heating System Average Cost Outdoor Wood Boiler' (43% Efficient) Indoor Wood Stove" Non-catalytic (68% Efl'iciency) Catalytic (72% Efficiency) $5500 $2425 Gas or 011 Fueled Forced Ar Furnace $1868 (80% Efficient) Gas 01 011 Eueled Forced Ali Furnace $2690 (90% Efficient) Gas or 011 Hol Water Radiator ' $3320 (80Y6 Efficient) Gas or Oil 1-lot Water [adiator ‚ $4260 (90% Efficierii) Costs are esiniated based on average cisL af unht pies iristalbation, Does not include cost of internal home piping or cluet woik, Actual costs may vary widely based on manuraciurer, effleiency, aud legion oftheljnited Stales. J'he esLirnated initial cost u[u"OV/Bb the average o[ the minimum unit cost of the five largest manufacturers plus the average cost of installation materials, based on information obtained by OAG from manufacturers. ~ Houck, J. and llx& .P, 8oadeoualwomf{ombuxuun—PMIJEm*xmn^ 0MN[ Environmental Services, |mc.. Emission Inventoiy Woikshop, Reno, Nevada (July 1998). The avelage cosls ofthe gas and nil systems are bascd on surveys conducted by the Consumer Energy Councib of Arneiica, cported in March 2001 i^u report entitled, ^Dil, Gas, or...? xnEAmlummnpf the Economics g/Fuel Switching Versus Home Energy Conservation," available al 14 Table 4: Fuel Costs for Various Heating Systems Type of Fuel Wood (or use calalytic indoor wood stovc) Wood (for use in non-catalytic indoor wood stove) Oil $|.99 per gallon Gas $LD per therm Electricity $0.094 Per kilowatt hour C. Environmental Performance Price per Efficiency Fuel Price ` million BTU (Dollars) Wood $170 $8.50 43% $19J7 (for use in 0YV13) per cor $170 S8.50 72% $11.81 per cord '.| ------_ -- $170 $8.50 68% $1I50 per cord 14.35 78% $18.40 $11]0 78% $14.49 $1,449 $27.46 97% $28.31 $2.821 ' Average efficiencies and price per million 13TU for oil, gas, and electricity based on calculations by the Energy Information Administration, United States Department ofEnergy. "How oo/ compare Heating Fuels" (April 7. 20O5), available o/ w*v.du.doxov,/nviwcx/e,tsle^rm:"`w,mJ`/ml (last accessed May 3|.2VO5). VVo note that wood priccs may vary widety compared o oil, gas and e]ectric The heating fuel comparison calculator (Rev l-1-e 4/2i/O5)(s available for download io Microsoft Excel Gounat, available at "A,erage wood cfflciency based on 0W13 efflciency testing providcxi in Appendix 8of this report, and EPA, Ro*ev/ic Wood Combustion Technology Review, Volume I. Technical Report. EP*'600A{'98'}74e. (December 1998). m The assumed approximate household energy consumption per year (100 million BTU) is based on the.2003 Annual Energy Review by the Energy Information Administration of the United States Department of Energy, available at www.eia.doe.poylernetidoer/constiton,fitiril (last accessed April 22, 2005). �5 Price per mnBTU adjusted for ^fii cirocy Total Household Energy Cost per year 0.977 (or less i[not all purchased) %l,\8\ (or less if iiot all purchased) 0 (or less if not al} — h od) – '--- $1'840 0W8manu|acmmrs have made u variety nf claims regarding mvirorimenm| performance, which dvnot have technical or scientific homiu. One OWB monofaomnxohhna that its devices are mokeIess and creat "no creosoe, no smoke, and no waste" Another manufacturer cams that "the tangibe proofof complete combustion iuoo visible xmnkc."" However, any combustion device will create gaseous and particulate emissions and all wood combustion vvill create ash requiring disposal. In addition, certain cairns regarding potential fuels may not be entirely accurate, For example, some manufacturers claim erroneously that wood with high moisture content wi}I create an efficient Ore. One manufacturer claims that its OYY8"dnmo^t smolder, it either burns hot or shuts down. Hotter fire will humx|moxiunymatorio) — crongrcon wood.' Another states wkhvutbamisdhu4^'weburnuptoH|eo wood and Cal itupto less xmoko."`' Aclditionally, some manufacturcrs, distribuiors, and dealers of OWBs advise their customers, both in print and verbally, that the stove will burn almost anything, including rotten vwod, freshly cut and green wnod, old building scraps, wood scraps (including nails), newspapers, corrugated cardboard boxes, pine cones, grass, yard trimmings, undsawduxc One manufacturer claims that "our injection air furnace burns any type and quality of vvood, wet or dry, unxp|itanJ in lengths u[opto72 inches, The burn tirne average can reach 48 hours or more per G||.` One monufauumrdoimu that its device can help control allergies, stating, "many people suffer from allergies. With thc u rnace outsde, smoke, fuel odors, and fumes are kept outside." Manufacturers and dealers also claim U`ut0Y/Bx will heat large. structures while "eliminating waste," without making clear that household wasic should not be burned in the OVYB. IV. Current ReguLtion of OWBs 11 Dectra Corporation, available cif www.dectra.netivarn (last accessed May 24, 2005). 'huhu Burn, inc., available ai worw.turbuburn.net (last accessed Feb 25, 2005). One e|uirnod benefit o[ burning wood inUWBs (and wood stoves) is thai wood cornbustion has the potential tu contribute less m global warming than the combustion o[fossil fuels if ihc wood buined is replaced by now trees, which remove carbon From the atmosphere, However, the absence o[ particulate controls o,OvYElsmay negate any uch benefit because the black carbon soot emitted by O*/Ho also contributes to global warming. page 25. m xquo'lherm ` U.C. available o/nv` .amua-thenn.un (last accessed Foh |8,2O05} P flentmor, Inc., available or %Ay, ,I1COL(111)1".COM (last accessed May 27, 2005), and 0 WB owner's manual, * Nalxxning Outdoor Fv,oucc, Inc., availahk' al wv,.sh.imm/^uhoniox (last accessed Feb 25, ZVVJ); Taylor wooufacu6nS�Inc. available m*nmxr|"nn& 'm(|cst owessed May D.2nO2) and 0V/Bsales bruelture, Innotcch Developments, ovailable WN W.outdoorrurtiaccs.corn (lust accessed Fch 23, 2005). " Outside | leafing xrste'n*. available wn (last accessed kuny26 Freedom Outdoor Furnace, 0v/B ,a|"v|`mohvn„ 16 A. Federal and State Regulations The EPA doe not currently regulate the manufacture, sale, ur efficiency claims o[OYV8x. OWBs are not subject to the federal regulations governing indoor stoves and fireplaces, which are tested and regulated by the EPA for safety, emissions, and efficiency. Any new residential wood stove sold in the United States after July 1, 1992 rnust be "Phase 2" eeiiifled, rnaning that it does not emil more than 4.1 grams of particulate matterper hour for catalytic stoves and 7.5 grams oF particulate matter per hour for uoncuua|yticmuvcm. All uy the UYV8 units tested to date for PM (see Table 2 and Appendix A) far exceed the PM limits that apply to EPA-certified wood stoves, ln New York .State, therc arc rio reguIatons directed particularly at OW}3s. DEC regulatioris provide that "no person shall cause or allow emissions of air contaminants to the outdoor atmosphere of such qomxi\y, eharacteiistic or duration which are injurious to human, plant, or animal life or to property, or which unreasonably interfere with the comfortable enjayment of Iife or property" Operation n[On/8a may also violate the DEC smoke regulation which states, in part, that "no person shall operate a stationary combustion installation which exhibits greater than twenty percent onoohy except forono6x- minump:rimdperhoorufnutmoruUh000vonty-sovoupcoeo\opaoity.~^ DEC has token enforcernent actions involving OWB owners on several occasions based on these regulations. The states of Vermont and Washington do rqgu|*eOVYBs. The Vermont regp\udons include. the following provisions: ( Installation cif onOW8must be at cast 200 feet froni the nenrest neighboring residence; (2) The stack on the furnace must be higher than the roof line if the furnace is between 200 feet and 500 feet froni the nearest neighboring home; ( The 0W13 must coniply with Iocal ordiriances and its operation must not ereate a nuisance; ( Dealers and seliers of DWBs rnust provide buyers with a legal notice stating that; only untreated natural wood may be burned; installation is subject to the distance and stack height requirernents stated above; and that the 0W13, even ifmeeting the above requirements, may not be used if the terrain is inappropriate and renders the OWB to be a nuisance or public health hazard. This legal notice must be signed by both the buyer and seller and filed with the Air Pollution Control Division of Vermont prior to delivery of the OWB to the buyer. ^/ Fisher, L'm Long-Term Porfo, EPA-Ce//lfi»dPhu« 2 Woomt*ves,Kbn/mh Palls and Portland. Oregon: /VV8'/YY 1 9, EPAV00/SK'V0|O0(20V0); see also, Subpart AAA ' Standards u[Px,lbrmwnno New Residential Wood Heaters, 40O 42 6 12. ~` NYCKKD22.7'|lOpacity is deflned as: "The degree to which emissions other than water reduce the transmission nF light and obscure thvvicwofunoNuot|othmbu*kgrnund,^ 6NYCKKy200.|(ny). The generally applicable opacity limit of twenty percent is roughly equivalent to a light grey smoke. vcnnuotx|r Pollution Regulation, section 5-204 OvxVr o wvtersm*m(Sqxumber 1997), 1 7 The Washington m&u|mioi nmh|iohes emission standards, ocrti5oubonotmdurdxunJprnco6umo curtailment rules, and fuel restrictions for solid fuel burning devices. OWBs are consider d solid wood burning devices, which, aftei Januaiy 1, 1995, must be shown to cornply with ari emission standard of4,5 grams PM per hour before they ean be offered for sale in the State of Washington. Prohibited fuels include garbage, treated wood, plastic and plastic products, rubber products, animal carcasses, asphaltic pmduc(v, waste petnz|umn products, paints and nhomicu)u, and any substance that normally emits dense smoke or obnoxious odors. OWBs, like other solid fuel burning devices, must comply with an opacity standard not to exceed an average o[2D percent opacity or six consecutive minuues in any one-hour period. Retailers rnust provide information on the proper operation of the unit, including infunnabon\hu| opacity levels of ten percent or less are attainable through proper operation. B. Local Requirements Some local governments in New York State have deemed OWBs a nuisance because of smoke and toxic emissions. Several towns and villages have ptaced restrictions on OWl3s ranging from meeting certain requirements for setback distances, chimney height, terrain, population density and other factors, to outright bans. These municipal iequirements are shown in Table 5. • y1,00 qrr, dm,oinicui,oCodc)71433-lO0(J) Burning Dc vices (January >Y95). hS Table 5: MmmicipmOtics•with Requirements Pertaining to OWBs | | | | Ton n /�/i��ocund County Date Bunevc!d, Village oy (Oneida County) Apr Camden, Village oF(Ooe(duCounty) June Canton, Town of(St. Lawrence County) Edwards, Village of(St, Lawrence County) HevnJiun. Village uf(St. Lawrence County) Holland Patent, Village u[ (Oneida County) Kingsbury, Town o[ (Washington County) Lov'vil|o. Village u[ (Lewis County) K1apc6|us Village o[ (Onondaga County) Moreau, Town of (Saratoga County) (proposed) 0{rgu, VlIage of (Otsego County) Prospect, Village of (Oneida County) Quoonshury. Town n[ (Warren County) South Glens FalIs, Village of(Saratoga County) Watertown, City u[ (Jefferson County) * See Box on following page For further details on requirements. VV Ileguhb° 2005 1999 Dec 2003 }ono 2003 Nov 2003 Apr 2005 Sep 2004 X Dec 2001 X Jan 2004 X Oct 2004 X Mar 2001 X X Mar 2005 X May 2004 X Dec 2003 X Oct 2003 X Specific Requirements of New York State Municipalities Regarding OWBs. Town nr Kingsbury - Installation ofuoOYY8 requires u permit and must meet the following requirements: (a) installed, operated, and maintained according to manufacturer instructions, (b) fueled WIh natur untreated woods, (c) set back at )east 25 feet from nearest property line, and (d)minimum chimney height of 15 feet. Town of Moreau (prnposu@-Apermit, ssued by the Town Building Inspector ur Code Enforcement Officer, is required for operation of an OWB and must meet the following requirements: (a) only firewood and untreated lumber may be burned, (b) may be installed only in permitted zones, (c) must be installed on a lot ofthree acres or more, (d) must be set back at least 500 feet frorn nearest lot line, (e) may only 6x operated between September J2I and May 3 I' and (f) must be equipped with a pioperly functioning spark arrestor. Village of Otego - The construction and operation olOWBs are prohibited with the exception of OWBs already in operation, NoO\V8 already in operation may be extended, entarged, or restored beyond 75% oC its value, and/ar reestablished after use is disc'ontinued for marc than seven months, Towo oI' Quceiisbury - A permit is reuired for operation of an OWB and must meet thoGo)lo*inQ requirements: (a) only firewood and untreated lumber may be bumed, (b) may be installed only in permitted zones, (c) mug be installed on a lot uy three acres or more, (d) must be set back at least 200 feet from nearest lot line, (e) may only be operated between September I' and May 31", and (f) must be equipped with a properly funetioning spark arrestor. \/iUu0co[ South Glens Falls Installation ofany 0W13 musi meet the following requiiernerits: (a) s kestack must exceed four feet and be higher than any adjacent structure within 50 feet of the furnace, (b) must be installed at least 200 feet from the closest residential property line, (c) may only burn wood, and (d) may no be used as a waste incinerator. V. Recommendations A. Develop Federal and State Regulations The adoption of federal regulations is the best way to address effectively the problems identified in this report. Ideally, such regulations would require emissions testing, performance standards, and control technologies to ensure that OWBs are environmentally sound and do not pose a health hazard to users and neighbors, Given the complexities uf establishing testing protocols and emission limits, theie are significant advaiitages to manufacturers offederal mQulatinn.inxteudofamuNtuduofstuteand|onui |imim. Consistent with all other Clean Air Act programs, however, it must be clear that any federal regulations only set a floor for health protections, and that states are free to enact stricter protections. In the absence of federal regulations, DIX could fill the regulatory void by developing an air quality regulatory program that would effectively address OWB problems across the state, DEC could establish siting, operation, and disclosure sandards and per aps emission limits. A DEC rulemaking would offer the additional advantage of providing interested affected parties with the opportunity to shape policy through submission of comments and participation inru|omaking hearings. 20 MEMORANDUM TO: Larry Hansen, Shawn Sanders FROM: Nick Chaves DATE: 1/13/2010 RE: Switch from wide band to narrow band on Public Works Radios DISCUSSION: The FCC has ordered that by January 1, 2013 all wide band radios be converted to the narrow band system. Public Works and Engineering have a total of 27 radios that now operate on the wide band system, 18 of the radios can be reprogrammed to narrow band and 9 will have to be replaced because they are old and not reprogrammable. I have received two quotes from venders for reprogramming and radio replacement. Professional Wireless Communications - $4065.47 Ancom Communication - $4667.85 RECOMMENDATION In the past years we have been under a Maintenance Contract with Professional Wireless to cover repairs to the radios that would cover labor but not any parts. The cost of a Maintenance Contract for 2010 would be $4116.00. At this time all of our radios are in good working condition and very seldom need any repair with this conversion to narrow band all our radios will be check and upgraded and the new radios we need to purchase come with a 3 year warranty I would recommend not renewing the Maintenance Contract with Professional Wireless for 2010 and using the funds we have budgeted in 2010 for the Maintenance Contract to cover the cost of reprogramming and new radios to make the switch needed from wide band to narrow band. If we do not make the change at this time we will have to do it in the next few years and probably at a higher cost Understanding FCC Narrowbanding Requirements National Institute of Justice U.S. Department of Jusuce, Office ofJusiice Programs National Institute of Justice The Research, Development, and Evaluation Agency of the U.S. Department of Justice Understanding FCC Narrowbanding Requirements • Key Points About FCC Narrowbanding Requirements • Overviev. • Deadlines • Pl.inniri!J for the Mo■c to Narrowband • More lnloirnation on Cominunications Technology issues Key Points About FCC Narrowbanding Requirements • Most current public safety radio systems use 25 kHz-wide channels. • The Federal Communications Commission (FCC) has mandated that all non-Federal public safety licensees using 25 kHz radio systems migrate to narrowband 12.5 kHz channels by January 1, 2013. • Agencies that do not meet the deadline face the loss of communication capabilities. • Agencies need to start planning now to migrate to narrowband systems by assessing their current radio equipment and applying for new or modified licenses, Overview Private land mobile radio (LMR) systems—including municipal government and State and local public safety systems—use blocks of radio spectrum called channels. (See Radio Speetrum9766.) Historically, LMR systems have used 25 kHz-wide channels. In December 2004, the Federal Communications Commission mandated that all private LMR users operating below 512 MHz move to 12.5 kHz narrowband voice channels and highly efficient data channel operations by January 1, 2013. 1;; This migration complements a National Telecommunications and information Administration mandate for more rapid Federal agency migration to 1.2.5 kHz narrowband operanor by January 1, 2008. The earlier Federal deadline affects State and local FCC licensees that interface or share frequencies with Federal radio systems. {21 Using narrowband channels will ensure that agencies take advantage of more efficient technology and, by reducing channel width, will allow additional channels to exist within the same spectrum space, as illustrated in figure 1. Deadlines To phase in the migration deadline ofJanuary 1, 2013, the FCC has established interim deadlines, The first important deadline is January I, 2011, after which: • The FCC will not grant applications for new voice operations or applications to expand the authorized contour of existing stations that use 25 kHz channels. Only narrowband authorizations will be granted. • The FCC will prohibit manufacture or importation of new equipment that operates on 25 kHz channels. This will reduce the availability of new equipment for legacy radio systems and will affect how agencies maintain and upgrade older systems. Planning for the Move to Narrowband Public safety agencies need to aggressively develop a strategy to meet narrowband deadlines to avoid cancellation of existing wideband FCC authorizations. Although the migration deadline may seem f off, th l ong l ti an d interim deadlines make it necessary for agencies to plan well in advance. Assess current equipment and start planning.To prepare for the migration, public safety agencies should start assessing their radio systems and planning for replacements or upgrades. They should inventory their current equipment to ascertain what can be converted to 12.5 kHz and what will need to be replaced before January I, 2013. Most new equipment has the capabilit f b 25 kH an d 12.5 kHz operation because any VHF/UHF radio equipment accepted by the FCC after February 14, 1997, had to have 12.5 kHz c apabilit y . Th 2.5 kHz narrowband equipment is available in both conventional analog FM and digital formats (such as Project 25), so narrowband conventional FM systems will be compliant, Local governments should develop contingency plans to accommodate system changes for both public safety and nonpublic safety systems. Obtain new or modified Iicenses.To move to narrowband operations, agencies must apply for new frequencies or modify existing licenses. An agency http://www.ojp.usdoj.govinij/topics/technology/communication/fcc-narrowbanding htm I'. I.,IIII Figure 1. Narrow hand channels alloy, additional channels to LA hi in the same spectrum. Page of 2 1/13/2010 Understanding FCC Narrowbanding Requirements National Institute ofJustjce Page 2 of 2 that is I icensed for a 25 kHz-wide channel is not guaranteed two 12.5 kliz channels. Licensees will have to justify to the FCC why they need add i ti °na channels. Consideration of applications for new narrowband licenses will follow the same process as a new license application. As agencies migrat t nan band operation, however, the pool ofava?lable frequencies will increase. For more information on communications interoperability, contact a regional National Law Enforcement and Corrections Tecliriology Center: Northeast (8nme, NY) 888—}38-0D84 Southeast (Charleston, SC) 800-292-4385 Rocky Mountain (Denvor. CO) 800-41O-8OX6 Western (El Segundo, CA) 8n8-548-10l8 Northwest (Anchorage, AK) 866-569-2969 Rural Law Enforcement Technology Center 806-787-25j} !Notes , Per the FCC mandate, post have an efficiency vr 96-86. January /.zno5: Lin mw.fcc«m pdf; arid FCC Orde 04-292, WT Docket No. 99-87 and RIA-99 2.mc,moer23.2004: 'm*'xnvoos^^c.gv`ieoo•::,_pvmw*xacxnntcoRu^w-2vzx/�df. FCC narrowbanding rules for agencie i licenses but using Federal spectrum arc frequency specific and follow a more aggressive schedule. Those agencles may operate on these frequencies only on a secondary (unprotected and noninterfering) basis. See FCC Report and Order 05-69, ET Docket Date Entered: January l0, 2O0B http://www.ojp.usdoj.gov/nij/topics/technology/communication/fcc-narrowbanding.htm 1/13/2010 Professional Wireless Communications 451 Cliff Road East #101 Burnsville, MN 55337 952-746-2500 Name / Address STILLWATER PUBLIC WORKS 216 NORTH 4TH ST STILLWATER MN 55082 Item FCC license mod 12.5 Program VX-2100 DO 25 Misc. It's been a pleasure working with you! sue f, Description FCC license modification narrow band/ Two of three licenses need to be modified. Program Existing Equipment/ Mobile Radios to Narrow Band Vx2100D025 Vhf 25W, 134-174Mhz Radio or Equivalent to Replace Wide Band Mobile Radios/ 3 yr. warranty Misc Part/ Connectors if necessary AT1N: Nick Chaves/ NarrowBand/ Re-programming Project Date 11/2J2009 Qty Rate Total Subtotal Sales Tax (6.875%) Total Quotation Estimate # 131 Project 1 495.00 495.00T 27 15.00 405.00 9 320,00 2,880.00T 1 50.00 50.00T $3,830,00 $235.47 $4,065.47 DATE: QUANTITY Notes 9 9 9 9 1 it " 6 uu u � 4: 'hm„rr TECHNICAL CENTER INC 11/312009 CUSTOMER: Mr. Nick Chaves Stillwater Public Works 3325 Boutwell Road Stillwater, MN 55082 CONTACT: Mr. Nick Chaves PHONE: 651.275.4103 EMAIL' ales tan EQUIPMENT DESCRIPTION Quote Only Motorola CM200 Mobile Radio VHF 1 -25 Watts, 4 Channel Radio Standard options Palm Microphone Mounting Hardware Power Cable Two Year Warranty, Parts and Labor Programming of New Radios Programming of PD Motorola Mobiles Programming of Motorola Portables Modify FCC License KNIK222 from Wide to Narrow Band, 154.115MHZ TOTAL EQUIPMENT INVESTMENT Shipping and Delivery (max is $36.00 total) TAX GRAND TOTAL End User Motorola Rebate Promotion ends In December 2009 Total Cost to End User Customer to Install "AE3SITE ..., A Ass r.r) 1800 EAST CLIFF ROAD. SUITE 17, ©URNSVILLE, MINNESOTA 55337 SALES 952.8080033 SERVICE B52. 808.7699 FAX 952 - 808.0031 Sales: Dean R. Daninger Phone: 763.755.3377 Fax: 763.755.4111 Email: dean.danin ncom.ora UNIT EXTENDED $475.00 $ 4,275.00 CM200 Free Free Free $225.00 $ 225.00 $4,500.00 $36,00 $311.85 ,., $ (180.00) II 467.85 $,66 . 85 © MOTOROLA, A, r .or a❑ Two Wry AaOWO Dralor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010-12 1st Line/Leewes Ventures LLC 10,000 Lakes Chapter of ICC Ace Hardware Ancom Technical Aramark Uniform Services ASCAP Aspen Mills Association MN Emergency Mgrs Association ofTraining 8aUi4Tonn BCA/CJDN Conference 8N1| Board of Water Commissioners Cardinal Tracking Carquest Auto Parts Catco Clark, Luann Coca Cola Cole Papers Cub Foods Diversified Inspection DLT Solutions, Inc. Emergency Medical Products, Inc. Enterprise Products Famous Footwear Fastenal Company Fred's Tire Fuhr Trenching, Inc. Gall's Gartners Studio GCR Tires Glewwe Door Inc. Gopher State One Call, Inc. Grainger H & L Mesabi Hartland Fuel -larris Mechanical Service 'ceman Industries, Inc. ce Skating Institute nt'l Assoc. Chiefs of Police |ohnson[ontro| (irvida Fire Inc. 'ake Country Door, LbC .eague of MN Cities Insurance Trust Concession Supplies 2010 Membership Dues Hardware, Refund Fire Insp Fee Radio Service Fee Uniforms, Mats, Towels 2010 Music License Uniforms 2010 Membership Dues Training Cpt. Peterson & Officer Allen Fire Education Materials 4th Qtr CJDN Connect Charge Music License Hydrant Wrench Ticke Trak Envelopes Equipment Repair Supplies Equipment Repair Supplies Cleaning City Hall & Public Works Concession Supplies Tork Roll Towels Supplies Ladder Testing Aut0CAD Civil 3D 2010 Subscription Safety Equipment Propane Refund of Fire lnspection Fee Equipment Repair Supplies Tire Repair Bobcat Storm Sewer Repair Seat Organizer Refund Parking Permit Tires Repair Broken Door Billable Tickets Equipment Repair Supplies Underbody Curb Runner Blades Fuel Repair Heater Salt Additive Skater Memberships 2010 IACP Membership Dues Repair HVAC Shoreline Wiring 2 Vehicles Repair Door PubIic Works Quarterly Municipality Insurance,Workers Comp 1,688.00 75.00 346.80 175.00 654.53 305.00 72.21 100.00 200.00 90.00 270.00 305.00 53.00 290.96 319.16 259.12 1,057.50 1,213.75 341.40 104.96 1,296.00 1,800.33 888.03 14,959.56 105.00 19.82 29.99 7,495.00 63.03 46.00 1,067.69 776.18 97.15 90.94 1,004.63 5,553.64 402.00 1,779.47 13.00 120.00 2,170.46 737.94 204.98 54,611.32 EXHIBIT " A" TO RESOLUTION #2010-12 Lehmicke Construction, Inc. USchuster Loffler Companies, Inc. Maurice's Menards Metropolitan Council Metro Fire MN Chief of Police Association MN Dept of Unemployment & Economy MN DNR Waters MN Fires Service Certification Board MN State Fire Department Assoc K4]Ra|\egh Truck Co. Motorola MSSA K4T1 Distributing Nardini Fire Equipment, Inc. NFPA Office Depot Party America Plant Health Postmaster Ray Allen Manufacturing, LLC River Valley Printing Roush, Jim Schwaab, Inc. St. Mary's Point Arena Stender, Jeff Stiflwater Medical Group Stillwater Towing Streicher's Sun Newspapers SW/WC Service Cooperatives Toll Gas & Welding Supplies Tri State Pump & Controls United Rentals UPS USA Mobility Wireless, Inc. VaIIey Access Channels VerizonVVire|ess Washington County Fire ChiefAssoc. Washington County Public Safety Radio 'ocum 011 Company �ayo Enterprise Networks,LLC Snow Removal Utility Billing Forms, Checks Telephony Labor Charge Refund Fire lnspection Fee Supplies Wastewater Charge February 2010 I-fose, Leader Line & Harness Straps Permits to Acquire 4th Otr Unemployment Benefits State Stream Protection & Improvement Ln Certification Exam 2010 Membership dues Road Sand Digital radios on APX grant 2010 Membership Lift Arm, Fuel Cap December Portable Maintenance 2010 membership S. Glaser Office Supplies Refund Fire lnspection Fee Professional Services First Class Presort Permit 206 Police K9 Equipment Envelopes Webinar on Cell Tower Regulations Notary Stamps Glyco for Snow Melt Uniforms, Supplies for BCA/SPd Personnel Drug Screens Towing Uniforms Publications Retiree Health lnsurance Acetylene Lift Station Repair 18V batteries Freight Pagers 1/1/2010-3/31/2010 Refund Fire lnspection Fee Cell Phones 2010 Membership Dues 800 MHZ Radios December Unleaded Telephone Page 2 2,640.00 2,414.45 62.50 105.00 173.20 118,390.29 980.34 58.58 11.25 97,500.00 70.00 360.00 216.60 16,016.55 35.00 887,19 55.50 810.00 157.06 135.00 456.00 185.00 662.00 121.84 219.00 67.31 400.00 627.50 142.00 100.00 105.22 21.06 41,724.30 30.60 4,856.23 277.85 1.50 47.08 75.00 1,701.08 50.00 2,733.88 3,815.90 507.92 EXHIBIT °A~Tg RESOLUTION #201W42 Page 3 LIBRARY Ace Hardware Ara mark Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental BWI Child's World Ersland, William Hansen, Ann Library Video Company Little PIM Midwest Tapes Minnesota Elevator Random House Simplex Grinnell Toshiba Van Paper Washington County Library Xce| Janitorial Supplies Rug & Towel Service Library Materials Library Materials Rental Books Supplies Children's Books Children's Mobiles Postage Children's Video Children's Video Rental DVD's Maintenance Contract Children's Audio Maintenance Contract Maintenance Contract Janitorial Supplies Materials Electricity, Gas 506.21 46.78 6,324.44 411.14 60.54 54.60 397.95 1,000.00 21.43 208.09 399.60 114.90 2,586.24 1,784.80 1,406.83 21.44 510.11 1,037.36 4,885.79 Department: Fire Department STAFF REQUEST ITEM DESCRIPTION OF REQUEST (Briefly outline what the request is) Date: January 13, 2010 Authorize the Fire Chief to enter into the Washington County Cooperative Fire Protection Agreement with the Minnesota Department of Natural Resources (DNR). The Washington County Cooperative Fire Protection Agreement (mutual aid agreement) is a 5 year agreement authorizing the fire department to obtain assistance from the DNR in the suppression of wildfires within our jurisdiction if/when required. The attached updated agreement is required to be signed and approved by the Fire Chief in order to provide and receive services from DNR. Once signed by all parties a fully executed copy will be placed on file with each agency and the City Clerk. This document has been reviewed and approved as to forrn by all agencies involved as well as the League of Minnesota Cities legal staff. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Agreement outlines the process for being reimbursed from the DNR for fire suppression activities if allowable. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: January 13, 2010 RESOLUTION 2010-13 APPROVING WASHINGTON COUNTY COOPERATIVE FIRE PROTECT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES BE IT RESOLVED by the City Council of Stillwater, MN that the snow removal contract with Minnesota Department of Natural Resources and the City of Stillwater relating to Washington County Cooperative Fire Protection, 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 19 day of January 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor 3-1-2008 Minnesota Department of Natural Resources Division of Forestry and the 1 lu„-kr Fire Department \ ash' County Cooperative Fire Protection Agreement THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "DNR" and the Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 84.025, NA-01966-04 L PURPOSE The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection area. It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard reduction in and adjacent to areas of mutual responsibility. III. THE FIRE DEPARTMENT SHALL: 1 Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fulfill its obligations pursuant to this Agreement. 3 Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested by the DNR. 5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief. 6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written communication that provides the same information as the Fire Report Card. 7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is requesting reimbursement. Invoices beyond 30 days may not be honored. NA-01966-04 3 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within the Fire Department's protection area, provided the wildland fire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items fumished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations. Bill the DNR for wildland fire suppression at the agreed upon rate for fires that require more than two hours to suppress and/or DNR Forestry requests additional resources. When DNR Forestry, requests additional resources beyond the first 2 hours, hourly rates for specific requested equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within thirty (30) days of the fire(s). IV. TILE DNR SHALL: 1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3 Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their firefighting capabilities. 4. Assist the Fire Departrnent with procuring and distributing fire prevention materials. 5. Provide wildland fire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland fire suppression, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. (Delete options that are not used.) 8. (Optional) May replace or reimburse the Fire Department for the cost of Class A firefighting foam used on wildland fires, with final approval of the DNR Forester. 9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department. V. REIMBURSEMENT POLICIES: I. Lower rates may be negotiated for extended use at the Fire Department's discretion. 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for wildland fire suppression lasting more than two (2) hours. For billable fire, lasting more than two hours, the fire department will be compensated at a flat rate of $350.00 for the first two hours beginning at the initial response time. 3. For hourly billing of equipment requested by DNR Forestry, time will be rounded to the nearest half hour. Billable time should begin when the Fire Department leaves its station and continue until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final NA-01966-04 3 invoice for payment. 5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression action on the fire, the Fire Department shall not submit a bill. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until terminated by either party giving thirty (30) days written notice to the other. Both parties should review this Agreement annually. Fire Department: /s/ Title: State of Minnesota Department of Natural Resources: /s/ /s/ Area Forester Regional Forest Manager (if required) Date: Date: Date: t. NA-01966-04 ITEM DESCRIPTION (include NV/CG type, make, model, year serial number and special features, such as 4X4. CAF or foam proportioners) a. b. d. c. e. Additional Requested firefighters 3-1-2008 Fire Department Cooperative Agreement Rate Schedule NUMBER OF PERSONNEL W/ EQUIPMENT Each WORK RATE 4 ' STANDBY RATE a. rate b. per unit a. rate* b. unit (includes (hour, etc.) (hour, etc.) personnel) Per hour per firefighter Same as work rate Per hour per firefighter *Standby rates shall be equal to 1/2 of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. Special Rates: a. The Fire Department will only bill on wildland fires requiring more than 2 hours to suppress and/or when DNR Forestry requests additional resources. b. The Fire Department will charge $350.00 for the first 2-hour response on fires requiring more than two hours to suppress. After two hours, equipment or personnel requested by the DNR will be charged at the rates in the above Rate Schedule. c. The Fire Department may bill from the time of initial response for fires on DNR administered lands, regardless of the length of time needed to suppress the fire. ($350.00 for first two hours and then according to the rate schedule for subsequent hours) NA-01966-04 3-1-2008 The above rates have been agreed upon by: 4 — ; ck.4-t--C Fire Department DNR Area Area Forester Fire Chief Regional Forest Manager (if required) Rate Schedule Instructions: Date: Date: Date: NA-01966-04 Type of Equipment 1st 2 hrs as noted in agreement Components 1. Pump Capacity (GPM) 1000+ at rated pressure (psi) 150 Tank Capacity (Gal.) 400+ Hose, 2 'A" (feet) Hose, 1 i/2" (feet) *Hose, 1" (feet) Ladder (feet) Heavy Stream (GPM) Personnel (minimum # 3-1-2008 2008 Suggested Rates for Minnesota Fire Department Equipment & Personnel Under Agreement with the esota Deoartment of Natural Resources, Division of Forestry S.11 cs-fmi 1:6'tyDe p ni caj I es # of Crew Members Equipment Rate/Hour as needed $350 /2 hours Engine Type 1 4 $300 Engine Type 2 3 $200 Engine Type 3 3 5150 Engine Type 4 3 $150 Engine Type 5 1 3 $125 Engine Type 6 2 $100 Engine Type 7 2 $80 Water Tender Type 1 2 $200 Water Tender Type 2 1 2 $175 Water Tender Type 3 2 $150 Water Tender Type 4 2 $100 Fire Fighters 1 $15 . Fuel furnished by Fire Department. Federal Excess Property vehicles should be charged at a rate between 1/2 to 3/4 of the rate, depending on additional equipment and capabilities. Departure from the above rates requires Regional Forest Manager approval. 2 3 4 5 6 7 250+ 150 50 50 30 10 150 250 100 100 100 100 400+ 500+ 750+ 400- 150- 50- 750 400 200 1200 1000 400 500 500 300 300 300 - 500 300 300 300 200 48' 48' 500 4 3 2 2 2 2 2 Pump, GPM 300 200 200 -- 1 Tank Cap. / Gallons 5000+ 2500+ 1000+ <1000 1 Personnel (minimum #) 2 2 2 2 affd .ifer E der * Not necessary to meet minimum requirement for 1" hose, unless contracting to go outside of home area, as a wildland engine on a wildland incident or assignment where National Wildfire Coordinating Group (NWCG) standards are required. Collaborative Design Group, Inc. S4,210 The 106th Group Ltd $6,200 MacDonald & Mack Architects $6,200 City Council DATE: January 15, 2010 REQUEST: Hersey & Bean Planing Mill Wall Stabilization Plan CC DATE: January 19, 2010 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner me DISCUSSION The City applied for and received a grant to develop plans for the immediate stabilization and long term preservation of the remaining rear wall of the Hersey & Bean Planing Mill. As part of the grant process the City was required to solicit and receive three quotes for the project. The quotes were as follows: Currently Collaborative Design Group, Inc. is completing work for MnDOT related to the St. Croix River Crossing Project and has knowledge of the area and this particular resource. Therefore, staff believes that Collaborative Design Group, Inc. has the knowledge and expertise to complete the project within the short time period and on budget. Work for the project will be completed by July 1, 2010. FISCAL IMPACT The total contract between Collaborative Design Group, Inc. and the City is $4,210. A $4,260 grant from the Minnesota Historical and Cultural Grants program administered by the Minnesota Historical Society will cover the cost for this project. No city funding or match is required. RECOMMENDATION That the City Council approve the proposal with Collaborative Design Group, Inc. to complete the Hersey & Bean Planing Mill Wall Stabilization Plan being funded by a Minnesota Historical and Cultural Grant. APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES WITH COLLABORATIVE DESIGNGROUP, INC. BE IT RESOLVED by the City Council of Stillwater, MN that the agreement for professional services between the City of Stillwater and Collaborative Design Group, Inc. for the Hersey & Bean Planing Mill Wall Stabilization Plan in the amount not to exceed $4,210, as on file with the City Clerk, is hereby approved and authorizes the Mayor to sign said agreement. Adopted by the Stillwater City Council this 19th day of January, 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor COLLABORATIVE ■ .11 w111,. January ll.2Ol0 Mike Pogg City Planner City ,fStillwater 216 North Fourth St,eet Stillwater, MN 55082 Re: Fee Proposal for Abde Wall Stabilization Dear Mike Tharik you tor thc opportunity 10 preent our proposal for the Alple wall stabilization investigation. With this fee letter, CDG proposes to provide the services outlined below. CD[;b excited about being irivolved in this project. PROJECT DESCRIPTION City ofSiillwater Planner Mike Poggcbas requested that Collaborative Design Group submit u scope of work and fee proposal mprovide the required Structural Engineering and Historic Preservation services to investigate the collapse of the historic limestone wall on the southern end of the Aiple property adjacent to the St, Croix River and provide recommendations for its stabilization and/or repair. SCOPE OF Wont( Collaborative Desig Group staff will perform the following services as part ofthe project: m Structural site inve ' 6ouwFthel\mrotwue°mDiocbuGioKoknu+ducu^`eumdouand measured drawings. o Review State I-Iistoric Preservation and City liles for inforrnation regarding wall history and construction ,w determine requirements for restoration. o Condition Assessment Report outflning the cause of the collapse and provide recommendations for both immediate stabilization and long term preservation. Cost estimates for each course of action will be developed. o Meet with Gity staif io discuss findings and cost estimate to develop a plan ofacrion to either stabilize or restore. o A fee for Consuuction Documents can be developed and provided after CDG and the City determine a scope ofwork hased on ihc chosen action plan. SCHEDULE We are prepared to begin the project upon notic to proceed. """""""":""' 1111111„„„„„ Architecture Emgiveempg vomwno Planning COMPENSATION OUr compensation for providing the above basic services for the project will he invoiced as a fixed fee of $4,210 and includes reimbursable expenses as ouiJined below. 100 Portland Avenue South, Suite 100 Minneapolis, Minnesota ou*O1 ' 612.332.3654 / o32.V6u6 www.collaborativedesigngroup corn COLLABORATIVE ■ .11 w111,. January ll.2Ol0 Mike Pogg City Planner City ,fStillwater 216 North Fourth St,eet Stillwater, MN 55082 Re: Fee Proposal for Abde Wall Stabilization Dear Mike Tharik you tor thc opportunity 10 preent our proposal for the Alple wall stabilization investigation. With this fee letter, CDG proposes to provide the services outlined below. CD[;b excited about being irivolved in this project. PROJECT DESCRIPTION City ofSiillwater Planner Mike Poggcbas requested that Collaborative Design Group submit u scope of work and fee proposal mprovide the required Structural Engineering and Historic Preservation services to investigate the collapse of the historic limestone wall on the southern end of the Aiple property adjacent to the St, Croix River and provide recommendations for its stabilization and/or repair. SCOPE OF Wont( Collaborative Desig Group staff will perform the following services as part ofthe project: m Structural site inve ' 6ouwFthel\mrotwue°mDiocbuGioKoknu+ducu^`eumdouand measured drawings. o Review State I-Iistoric Preservation and City liles for inforrnation regarding wall history and construction ,w determine requirements for restoration. o Condition Assessment Report outflning the cause of the collapse and provide recommendations for both immediate stabilization and long term preservation. Cost estimates for each course of action will be developed. o Meet with Gity staif io discuss findings and cost estimate to develop a plan ofacrion to either stabilize or restore. o A fee for Consuuction Documents can be developed and provided after CDG and the City determine a scope ofwork hased on ihc chosen action plan. SCHEDULE We are prepared to begin the project upon notic to proceed. """""""":""' 1111111„„„„„ Architecture Emgiveempg vomwno Planning COMPENSATION OUr compensation for providing the above basic services for the project will he invoiced as a fixed fee of $4,210 and includes reimbursable expenses as ouiJined below. 100 Portland Avenue South, Suite 100 Minneapolis, Minnesota ou*O1 ' 612.332.3654 / o32.V6u6 www.collaborativedesigngroup corn January 11, 2010 MikcPogge Fee Proposal for Aiple Wall Stabilization x nv /r/o°^L SERVICES Compensation for authorized Additional Services will be computed ooaTime and Materials Basis according to our Dou6y Rate Schedule. REIMBURSABLE cxrcwsrs The following items of direct non-salary expenses (if applicable) will be billed at our cost plus fifteen percent (15%): 1. Automobile expenses for vchicles, including mileage, parking, parking, or use of rerital cai. 2. Purchase o[specialized supplies in connection with the project. 3. Photographs arid processing for project records. 4. Reproductiori and pioning of drawings, specifications and reports. 5. Postage, handiing, and delivery costs. 6. Transportation arid living cxperises incurred in connection with the project. SERVICE Of OTHERS On occasion, we engagc the specialized services ofindividual consultants or other companies to participate iouproject. When considered necessary, these firms or other consultants will be used with your approval. The cost of such services will be billed at our cost plus fifteen percent(I5%). /wvn/ct, Invoices will be submitted monthly for services performed during the previous month. Payment is due upon receipr. of the invoice. Inierest will be added to accounts in arrears (30 days) at the rate ofone percent (1.0%) per month (12% per annurn) or the rnaximuni rate allowed by Iaw, whichcver is less. For the collection of any delinquent account, Collaborative Design Group, Inc. will be reimbursed for all court costs arid reasonable attorneys' fees incurred. LIMITATION OF LIABILITY It is agreed that Collaborative Design Group, Inc.'s liability to you for any nature of damages arising out of or caused by any error, omission, negligence, strict liability, breach of contract or breach of any other obligation in connection with this Agreement shall be limited 10 a sum not to exceed $25,000, or the amount of A/E fees received pursuant to this Agreement, whichever is greater, and that you will accept this limited amount as full satisfaction of all claims you may assert for damages ar from Collaborative Design Group's services. If you desire to increase the limit of Collaborative Design Group, Inc.'s liability for damages, Collaborative Design Group, Inc. will waive or increase this limitation of liability upon your written request within 30 days, provided you agree to pay the premium for additional insurance coverage for the iricreased liabrlity Iirniis you request. Jx,wmy\\.2Ol0 Mike Pogge Fee Proposal for Aiple Stabilization ACCEPTANCE If this proposal is acceptable to you, please indicate by signing below and returning a copy for our records. We are prcpared to begin this project lnomuo600cly. Ifyou have any question5, please do not hesitate to call, Very truly yours Authorized by: Collaborative Design Group, nc. City of Stillwater cc: Michelle Moses CDG Contract Administrator Signature: Title: , Iii1 111 11,11 „ „o l o„„ �` cc: Grant La Force, applicant DATE: January 12, 2010 APPLICANT: Grant La Force Planning Report CASE NO.: 09 RE: Appeal of Planning Commission Denial of side setback variance ZONING: RA, Single-Family Residential LOCATION: 641 Hidden Valley Court PUBLIC HEARING:Before Planning Commission - December 14, 2009 Appeal hearing before Council — January 19, 2010 PREPARED BY: 13ill Turnblad, Community Development Director Mr. La Force has requested that his appeal discussion be tabled until the next Council meeting, which is on February 15k. Therefore, the public hearing should be opened and continued without discussion until that time. DATE: January 15, 2010 APPLICANT: Bob Meisterling LOCATION: City Council CASE NO.: 09-49 REQUEST: 1) Rezoning from AP to LR; 2) Preliminary Plat and Final Plat approval for a 2 lot Residential Subdivision; 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: J anuary 19, 2010 REVIEWERS: Community Development Director, Public Works Director, Fire Chief, City Attorney PREPARED BY: Michel Pogge, City Pllartne BACKGROUND Bob Meister ling would like to develop a second home on his 10.27 acre parcel of land located north of 721d 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 outlot along Long Lake that is southeast of the street lot that will be retained by the Meister ling's. Lake 11111 Acres January 15, 2010 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. Meister ling. SPECIFIC REQUEST In order to develop the property as proposed, Bob Meister ling 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 Neighborhood 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 Compatibility 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 elementary 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 10.209 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 January 15, 20 ID Page 3 II. PRELIMINARY PLAT AND 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. 3. Civil Engineering The subdivision proposes to dedicate road right-of-way to the public for 72h11 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 submit 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 Out lot A to satisfy the parkland dedication requirement. This dedication would provide a public access point on to Long Lake. Lake Hill Acres January 15, 2D10 Page 4 D. Miscellaneous ALTERNATIVES The draft comprehensive plan shows a trail running along 72" 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 the trail minus $500. Additionally, since the trail would terminate at the east property line installing the trail now without plans to continue it along 72n 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 72nd St N and can be protect by the City. Fees As directed by the Council at the January 5, 2010 Council meeting, the development agreement has been written to defer the fees until such time the property is sold to a third party other than Robert C. Meister ling or Janet K. Meister ling. 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 second reading of the rezoning, the preliminary and final plats, and the development agreement. All conditions are included in the development agreement. 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. 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. Lake I-1111 Acres January 15, 2010 Page 5 ACTION BY THE PARK AND RECREATION COMMISSION The Stillwater Park and Recreation Comrnission 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. cc: The Meister ling Family attachments: Zoning and Location Map, Memo from Shawn Sanders, Preliminary Plat and Final Plat effect. ORDINANCE 1012 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. 2. Saving. In all other ways the Stillwater City Code will remain in full force and 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 19th day of January, 2010. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT FOR LAKE HILL ACRES CASE NO. 2009-49 WHEREAS, Robert C. and Janet K. Meister ling made application for approval of a preliminary plat and final plat known as LAKE HILL ACRES; and WHEREAS, on December 14, 2009 the Planning Commission held a public hearing and recommended approval of the LAKE HILL ACRES preliminary plat and final plat; and WHEREAS, on December 28, 2009 the Parks and Recreation Commission considered the request and recommended approval of the LAKE HILL ACRES preliminary plat and final plat; and WHEREAS, on January 6, 2010 the Stillwater Township/City of Stillwater Joint Board held a public hearing and recommended approval of the LAKE HILL ACRES prelirninary plat and final plat; and WHEREAS, the City Council held a public hearing to consider the preliminary plat and final plat for LAKE HILL ACRES on January 5, 2010. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat and final plat of LAKE HILL ACRES. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of January, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F Ward, City Clerk RESOLUTION NO. A RESOLUTION APPROVING THE LAKE HILL ACRES DEVELOPMENT AGREE ENT CASE NO. 2009-49 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that the Development Agreement for Lake Hills Acres between the City of Stillwater and Robert C. and Janet K. Meisterling, husband and wife, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign said agreement. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of January, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF STILLWATER AND ROBERT C. MEISTERLING AND JANET K. MEISTERLING HUSBAND AND WIFE, OWNERS FOR LAKE HILL ACRES 2nd DRAFT (1/15/2010) This instniment Drafted By: David T. Magnuson (#66400) Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651/439-9464 (telephone) 651/439-5641 (fax) TABLE OF CONTENTS 1. Zoning; Number ofUnits 1 2. Plans l 3. Public Improvements --------......... -- ..... ....... ..... ....... ........ ..... ................. 2 4. Dedication —.............................. ....... ........... ------------ 2 5. Building Pcrnutn--------- .......... ..... ....... .......... .......... —....... ..... ..... --- 2 6. Storm Water M 2 7. Site Grading ...................... ........... —.......... ----------------..... ....... ....... 3 8. Landscaping 3 9. Letter ofCredit 3 10. Developer's Default 3 11. Insurance 4 12. Footing Drainage System 4 13. City Impact Fees —...-- ..... _____________ ...... ..... _—........ .............. ......... ............. .'4 14. Tenn o{ Deferral -------------------------------------'4 15. City Water Deferral 4 16. Erosion Control 4 17. Clean up 5 18. Cornpliance With Laws 5 19. Agreement Runs With the Land 5 20. Indemnification —...... —....... ..... ---....... .............. —...... ........ —........ ........ ..'5 21. Assignment 5 2Z�Notices — ......... ....... ..... ..... — ... ...... .............. —..--- ....... ---...... ...... ----.... 5 23. CounterDarts-- ...... ..—. ...... —....... — ....... ............ ...... ....... —__....... .— 6 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into this day of 2009, by and between the City of Stillwater, a municipal corporation under the laws of Minnesota (the "City") and Robert C. Meisterling and Janet K. Meisterling (the "Developer"). W1TNESSETH: WHEREAS, the Developer is the fee owner of certain lands in the City being developed as Lake Hill Acres. The land is described on Exhibit "A" and depicted on the map attached hereto as Exhibit "B"; and WHEREAS, on January „ 2010, the City granted preliminary plat approval and pursuant to the Development Plan (the "Development Plan") submitted by the Developer; and WHEREAS, the plat approval of Lake Hill Acres, pursuant to the Development Plan, is contingent upon the Developer and the City entering into this Development Agreement, NOW, THEREFORE, based on the mutual covenants and obligations contained herein, the parties agree as follows: 1 Zoning Number of Units. (a) Subject to execution of this Agreement, Lake Hill Acres may now be developed with one single-family residential unit on Lot 2, Block 1 in addition to the existing single family residence on Lot 1, Block 1, all in Lake Hill Acres. Development is regulated by the terms and conditions of the City's land use controls, including but not limited to, the City's zoning ordinance and its subdivision regulations, and the Development Plan. (b) As part of the Development Plan the Developer has submitted a proposed plan for the ultimate build out of all of Developer's land. The Agreement does not constitute final approval of the ultimate build out of this property. Plans. The Developer agrees to develop the land within Lake Hill Acres in accordance with the Development Plan and to construct all improvements within Lake Hill Acres in accordance with the approved plans (collectively, the "Plans"). The documents which constitute the Plans arc those on file with and approved by the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the 'Developer without the prior written approval of the City. Public Improvements. All public improvements. within Lake Hill Acres must be installed in accordance with the Plans and the City's subdivision regulations and specifications for utilities construction. The Developer must submit plans and specifications for utilities construction prepared by a registered professional engineer. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, the Watershed District and other agencies before proceeding with construction. The Developer must provide a level of field inspection acceptable to the City. The City reserves the right to approve the identity of the Developer's field inspectors. The City will have City inspectors and engineers inspect the work at the Developer's expense. The Developer, its contractors and subcontractors, must follow all instructions received from the City's inspectors. Prior to beginning construction, the Developer or the Developer's engineer must schedule a . preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. Within 30 days after the completion of the improvements the Developer must supply the City with a complete set of reproducible "as constructed" plans and two complete sets of blue line "as constructed" plans, each prepared in accordance with City standards. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. 4. Dedication, The Developer agrees that the right—of—way of 72nd Street North and the drainage and utility easements shown on the preliminary plat will become dedicated to the public upon the filing of the Final Plat. If the dedication described in this section is not so effective, Developers agree to execute any necessary instruments needed to fulfill this obligation. 5. Building Permits Ha building permit is issued prior to the completion and acceptance of all public improvements serving a lot, the Developer assumes all liability and costs resulting in delays in completion of the improvements and damage to the improvements caused by the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No certificate of occupancy may be issued and there may be no occupancy of any structure for which a building permit has been issued on either a temporary or permanent basis until the connection to the City public sewer system has been approved by the City, 6, Storm Water Management, In order to accommodate the storm water requirements of Lake Hill Acres, the Developer agrees to grade the site and construct improvements known as a storm water improvements (the "Storm Water Improvements") in accordance with the Plans. (h) The City and the Developer recognize that the Storm Water Improvements may not function adequately. The Developer authorizes the City, without the payment of compensation, to acquire, construct, reconstruct, extend, maintain, and (c ) 9. Letter of Credit. (a) otherwise improve the storm sewer systems and related improvements within Lake Hill Acres if improvements are necessary in the opinion of the City. Approval of the Development Plans by the Brown's Creek Watershed District must be obtained before any work on the ground is undertaken. 7. Site Gradirw. Prior to beginning grading of the site, the Developer must have received a grading permit from the City. 8. Landscaping, The Developer must install all landscaping in compliance with the Plans and provide through the restrictive covenants applicable to Lake Hill Acres (the "Covenants") that landscaping not be planted so as to interfere with site drainage, including the Storni Water Improvements. In order to ensure completion of the streets, Storm Water hnprovements, grading, restoration work and other improvements, the Developer agrees to deliver to the City prior to beginning any construetion within Lake Hill Acres a letter of credit (the "Letter of Credit") in the amount of $ . The Letter of Credit must be in a form acceptable to the City Attorney and must allow the City to draw upon the instrument, in whole or part, in order to complete construction of any or all of the improvements or to satisfy the claims of contractors or suppliers that have not been satisfied by the Developer. The City agrees to release or reduce the Letter of Credit upon substantial completion of elements of the improvements within the Development. Prior to releasing any portion of the Letter of Credit or accepting another letter of credit in replacement, the City must first be satisfied regarding the quality and completeness of the construction or work and that the Developer has taken such steps as may be necessary to ensure that no liens will attach to Lake Hill Acres. 10. Developer's Default. In the event of default by the Developer as to any of the Public Improvements work to be performed by it, the City may, at its option, perform the work and the Developer must promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy special assessments against the lots within Lake Hill Acres to recover the costs thereof For this purpose, the Developer expressly waives any and all procedural and substantive objections to the special assessments, including but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to Minn. Stat.. §429.081. Insurance. The Developer agrees to take out and maintain, until the City has accepted the public improvements, public liability and property damage, insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its contractors or subcontractors. Limits for bodily injury and death must be no less than $1,500,000 combined single limits for all claims - 3 - arising out of each occurrence. The City shall be named as an additional insured on the policy. The Developer must file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days advance written notice of the cancellation of the insurance. 12. Footing Drainage System. The Developer will require that builders install a footing drainage system around the perimeter of the new single family house to be constructed. The system may not drain directly onto a roadway. The City may waive the requirement if, in its sole judgment, a footing drainage system is deemed unnecessary to assure adequate lot drainage. 13. City impact Fees. In view of the unique circumstances faced by the Developer, the City agrees to defer the following fees on the condition that the deferred fees be paid at such time as set forth in Section 14. (a) The deferred fees for Lot 2, Block 1, Lake Hill Acres, are as follows: i. Trout Stream Mitigation $4,442.62 • ii. Transportation Adequacy 7,561.99 iii. Trunk Sewer and Water 5,59S.02 iv. Parking Fee In Lieu 2,000.00 v. Trail Fee In Lieu 500.00 S20,102.60 14. Tenn of Deferral. The fees are due and payable upon sale of Lot 2, Block 1, Lake Hill Acres by the Developer to a person or entity other than each other. 15. City Water Hook—Up Deferral. The City Developers are allowed to maintain the existing well on Lot 1, Block 1 and to drill a new well on Lot 2, Block 1 and thereby not connect to the City Water System at this time. The obligation to connect to the City Water System is deferred on the same term as the deferral of the impact fees described in Section 14. 16. Responsibility for Costs.The Developer agrees to pay to the City an administrative fee in the amount necessary to reimburse the City for its costs and expenses in reviewing the plat of Lake Hill Acres, including the drafting and negotiation of this Agreement. The Developer agrees to reimburse the City in full for such costs within 30 days after notice in writing by the City. The Developer also agrees to reimburse the City for the cost incurred in the enforcement of any provision of this Agreement, including reasonable engineering and attorneys' fees and costs associated with construction inspection of the Public improvements. 17. Erosion Control. All construction within Lake Hill Acres must be conducted in a manner designed to control erosion. Before the site is rough graded. an erosion control plan must 21. be implemented by the Developer and reviewed by the City. The City may impose additional erosion control requirements if the City deems necessary. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's obligations or the City's rights hereunder, Developer will reimburse all expenses incurred by the City in connection with these actions. Due to the topography and sensitive nature of the terrain, the developer must either himself or through the builder, take additional precautions during home construction to avoid additional water runoff or erosion from the subject lots onto adjacent parcels and Long Lake. To this end, at the time of application for a building permit, the builder or owner must prepare a lot erosion control plan to include silt fencing, seeding and sodding and other appropriate measures to assure runoff and erosion are controlled. 18. Clean uo. The Developer must clean dirt and debris from streets that have resulted from construction work by the Developer, its agents or assigns. I 9. Compliance With Laws, The Developer agrees to comply with all laws, ordinances and regulations of the State of Minnesota, County of Washington and the City applicable to Lake Hill Acres. This Agreement ‘vill bc construed according to the laws of Minnesota. Breach of the terms of this Agreement by the Developer is grounds for denial of building permits, including permits, 20. Agreement Runs With the Land, This Agreement will run with the land and be recorded against the title to Lake Hill Acres. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to Lake Hill Acres; that there are no unrecorded interests in Lake Hill Acres; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Indemnification. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from approval of the plat of the Lake Hill Acres Development Plan for Lake Hill Acres. The Developer hereby agrees to indemnify and hold the City and its officers, employees, and agents harmless for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees, except matters involving acts of gross negligence by the City. 22. Assignment. The Developer may not assign this Agreement without the written permission of the City. The Developer's obligation hereunder will continue in full force and effect even as the Developer sells all or part of Lake Hill Acres. 23, Notices. Any notice or correspondence to be given under this Agreement shall be deemed to be given if delivered personally or mailed postage prepaid, certified mail, return receipt requested: As to Developer: (b) As to City: With a copy to: or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 24. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement. IN WETNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. STATE OF MINNESOTA ('OLTNTY OF WASHINGTON ) ss Robert C. and Janet K. Meisterling 1990 Industrial Blvd. Stillwater, MN 55082 City of Stillwater Attn: Diane Ward, City Clerk 216 4th Street North Stillwater, MN 55082 David T. Magnuson Magnuson Law Finn 333 North Main Street, Suite 202 Stillwater, MN 55082 (651) 439-9464 main (651) 439-5641 fax dtmagnuson magnusonlawfirrn.com CITY OF STILLWAT By By The foregoing instrument was acknowledged before me this day of 2010, by Ken Harycki and Diane Ward, the Mayor and City Clerk, respectively, of the City of Stillwater, a Minnesota municipal corporation, on behalf of the municipal corporation. Ken Harycki Its Mayor Notary Public 6 Diane Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss DEVELOPERS: Robert C. Meisterling Janet K. Meisterling The foregoing instrument was acknowledged before me this _ day of 2010, by Robert C. Meisterling and Janet K. Meisterling, Owners and Developers. Notary Public EXHIBIT A LEGAL DESCRIPTION The West 448.90 feet of the North Half of the Southeast Quarter, Section 30, Township 30 North, Range 20 West, Washington County, Minnesota lying southerly of the north 326.58 feet of said Southeast Quarter, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota NORTH °Leh l 9 9 1 99 071 ) ( e ,, • dj II g• , r !!!!' 011 0: 6. 1111' is 00 III “11111„„' 1 Our Lbi 11„ N NW 4, H I I / , s 11. s ,,s666, 666 11 2":" "0 6 6 ,j„ 6 _76 6 6: "::66 . 70 .s 4 I 1 r r n City of r —, A l 12380 Community Development Dapartrnent 12490 1 if ^12530 12525 Bo a _OW 12550 f 1 t Meisterling Zoning & Location Map A ILE" " 7790 I I ,I —" [ 7789 7775 1 7759 7760 xY, �l 14 `',772s 7720 �I� I TB9t! 7700 7669 i 7609 7639 7840 — Z 12721 Meisterling ProPertY — - 7818 p , + 4oa 9 YkY t1111 - 12991 12950 12980 13033 12993 4 -- — - ,- ----�- .. 12it15 ..,;,; 8! f, ; • 1,• _ w . Znnlrng Districts W A-P, Agricultural Preservation y_ j RA - Single Family Residential RB - Two Family - 1 TR, Traditional Residential LR, Lakeshore Residential \1 CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse [ _ RCM - Medium Density Residential j — RCH -High Density Residential 1 1 _ VC, Village Commercial VI CA - General Commercial CBD - Central Business District . BP-C, Business Park - Commercial BP -O, Business Park - Office BP -1, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA - Public Administration 1 Township Public Works Facility . ROAD 110 TER WATER 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. ATTEST: ORDINANCE NO.: AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 31-300 DISTRICT BOUNDARIES 2. Saving. In all other ways the Stillwater City Code will remain in full force and 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. Diane F. Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor Exhibit "A" Case 2009-49 Rezoning from AP, Agricultural Preservation to LR, Lakeshore Residential (0004) (DO )5) 0 cc CD : (0002) 662A6 75TH STREET NORTH (0004) (0001) ONG LAKE , - 509.09 40046 L „ ryagarer coo nor 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) NNING ADMINISTRATION APPLICATION FORM cOirgAtgirtY DEVELOPMENT DEPARTMENT CITY OF srumuvrea 218 NORTH FOURTH STREET STILLWATER MN 55082 The °Fp/lc:sot is responsible for the completeness wxfaccurexy of all farms and supporting material submitted ft connection with any applicafic" Ali supporting material (1 a, photos, sketches, etc.) submitted with application becomes the property of the City of Stiftwatzr. Sixteen (1 ti) copies of supporting material Is required. ft application Is subadtted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications; Any Incomplete application or Pporting material will delay the appkadon process. PROPERTY IDENTIFICATION Address d Project 1156 0 72410 I Assessor's Parcel No. 300 302)4 za003 (GEO Code) Zoning District AP Description of Project Lolef..4-1 - c Y7 (Cri 61 /lag 4t 'aZOAX /14 L hereby state the fbregolng pd 1 data, Information and evidence subrnitted herewith !n all respects, to the best of rny knowledge and belief, to be true and correct. 1 further certify I will c:onelly with the pear* N it Is granted andused," Property Owner efrib ) City - State - Telephone No. Signature Mailing Address 12$5 (Signature Is requir Lot Size (dimensions) Land Area Height of Buildings: Stories Pfmcipal Acoessiory 5 Mang Address 7.0P0 Talophone No E Feet z of Ig Case No: Date Find: Fee Paid: Receipt No. ACTION REQUESTED SpecialiCcncfitional Use Permit Variance Resubdvision Subdivision* ----/ Comprehensve i Plan Amendmenr Zoning Amendment* Planning Unit Devdcment Certiicate of Compliance D PROJECT DESCRIPTION Total Building lour area square feet Bdsling square feet Proposed square feet Paved Impervious Area square feet No. ofpff paldng spaces PPA (1) APP IC Name: Company. Address: Telephone: (2) PROPERTY Name: Company Address: Telephone: (3) SURVEYOR Name: Company. Address: 'Telephone: City: (W) (4) Property location: Legal description: PRELI N (FAX) Y P STILLWATER CODE T APPLICATION 3p b / Z$50 -70A10 4y: � $ L 5 / © State: /Lai Zip Code: 5C.70. Z df1 335"-- z 4 (FAX) (H) FEE OWNER State: (H) Zip Code: FEE PAID 6yidie v't&t,(; envnir and ,Suto-e wr) / 4 4 0 0 .....4.i-k /DO City: 51-i It tA) State: i Zip Code: 5 (W) 21 541(FAX) (m_ei a ( tx) 66 q--65 '4 $ 0 3o, le zA). , I 2- 5 SP 7443 67", 1 0 . f 40 V ec_ D, 7 g' d-ihi■ (5b roy-Fil _37 2-Feii (5) Name of development: Number of lots: Current land use: Al/ Proposed land use: Current zoning: Le Proposed zoning: LK Anticipated project completion: idirt4eK Ziniq j o 1 (6) SUBMITTAL REQUIREMENTS: (14 copies and one reduced 8V2 inches x 11 inches) Preliminary plat (PP) if Tree preservation and landscaping plan (TLP) (pic.' L1441 - c-j') AM Street and utility plan (SUP) thi? 10 Pt Grading, drainage, stormwater and wetlands plan (GDSWP) Other information (01) CD32:36 SUBDIVISION CODE OF THE CITY OF STILLWATER 81/2-inch x 3.1-inch transparency 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 complete and adequate by the community development director, 32-3. Property fee owner(s) signature(s). Applicant(s) Date: 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. CD32:37 32-1 FPA (1) APPLICANT Name: g,,b e ' 4' Company: Address: IZ 5 61- City;_ .547 State: / Zip Code: 5SCSZ. Telephone: (W9 i.- (FAX) ( 65 - 4,51 —Z.443 (2) PROPERTY FEE OWNER Name: A--- Company Addr...z : City. Telephone: (W) (3) SURVEYOR Name: Company: Address: 'hlephone: (4) Property location: Legal description: fr (FAX) STILLWATER CODE FINAL PLAT APPLICATION State: (H) ;e t'-e (57(-0-a /s-v;:/ g , Cit 3h1L WCV State: (W) 475"-e11l(FAx) Set_ . 3 W g .Z0 tA, CD32:38 Zip Code: 4 /4 4 4 5( ,T3o z-eo .5,561.61g4 (5) Name of development: Number of lots: Current land use: Proposed land use: 5; / e Current zoning: Proposed zoning: L. IL Anticipated project completion- td _k I (6) SUBMITTAL REQUIREMENTS: (Five copies and one reduced 8 inches x 11 inches) Final plat (F) Electronic FP Format Tee preservation and landscaping plan (TLP) Street and utility plan (SUP) Grading, drainage, stormwater and wetlands plan Other information (0I) ‘01...5e 8 x 11-inch transparency oyti 6J4,07 de 1 MA 0 t_t.;.J-6 gibb Zip Code: DS7) 1 FEE PAID 5 411 I'd al gre- AA/ 2 v•- • VI gr; e)14 FAA 4517 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 te and adequate by the community development be processed when it has been found to be co director. - Property fee owner(a) signa Applicant(e) signatiare(s): Date: if DWISION CODE OF THE CITY OF STILLWATER CD32:39 4 / t 774, e § 32-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 Pogge FROM,: Shawn Sanders, Directer ofPubHc Works DATE: December 9, 2009 8U CT: Lake Hill Acres Subdivision MEMORANDUM After reviewing the subdivision, the foliowing comments shall be incorporated into this project. 1. Add a drainage nd utility easement along the north property line ofplat. Z. A utility plan for sewer and water service shall be submitted to City Engineer for eview and approva/. 3. A private utility easement shati be included in for the newly created lot. 4. AQrading and erosion control plan shall be submitted at the tme of building permit review. S. Trunk fees due at the tirne of the release of the Finat Plat. These fee are as foows: Trout Stream Mitigation Ptan- $9,115 per acre Transportation Adequacy Fund- $15,515 per acre Trunk sewer and Water - $11,485.55 per acre N9iche Po From: Sent: To: Cc: Subject: Attachments: K8|ke, Torry Kraftson Thursday, December 24, 2009 10:10 AM K4icho)Pogge Shawn Sanders FW: Legacy on Long Lake Plans image Case No2887-09'pdf Please add one more comment to my Lake Hills comments from yesterday. To accommodate potential future development, the sanitary sewer from the existing manhole to manhole 1 should be installed atU.4%(899.66gt existing and 9OD20atMH'1). An inside drop manhole should then be installed at MH-1 with grades as shown from MH to the south. From: Miche 9 ogge Sent: Thursday, December 24, 2009 9:28 AM To: Torq'Kraltson Subject: Legacy on Long Lake Plans uxlcha|Pncce AICP| City Planner / City nfStillwater 216 North Fourth Street f Stillwater, ww sm82 Im�30-88o 651.430-U10 (Fax) Michel Pog e From: Sent: Wednesday, December %3.20094:00PM To: Michel Pogge Cu: Shawn Sanders Subject: Lake Hill Acres comments Mike, Here are my quick comments on the Lake Hilis Acres plat. Sincerely, 1. Vehicle access to manholes should be provided along the existing driveway back to the existing sanitary manhole Z. 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 width at the existing manhoie should be shown (30-feet). The contractor wiIJ need to work within the drainage and utility easement 4. Erosion control (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 iri 72 Street needs to be specified. A traffic control plan will need to be approved prior to construction. 6. Relocating the existing hydrant 115 feet east should be considered rather than adding a new hydrant. The new hydrant Iocation would be closerto the existirig 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 clisturbs an acre or greater, an MPCA NPDES 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. TonyKraftson Assistant City Engineer City of Stiliwater 216 North 4th Street Stillwater, MN 55082 Phone: 651-430-8831 Fax: 651-430-8810 Email: tkraftsonPci.sti||waCer.nnn.us Memo Community Deve Message: 1) Keep the status quo. opm8n Depar ent To: City Council CC: Larry Hansen, Bill Turnblad, Dave agnuaon, and Diane Ward From: Michel Pogge, City Plarine Date: Thursday, January 14, 2010 Re: Downtown Trash Options Councilmember Gag asked staff to bring options on dealing with downtown trash back to the January 19 Council meeting. Below are a few ways that this coud be addressed. As you read this menio, 1 offer a few items to keep in mind. First, eliminating outdoor storage options will require businesses to either install dumpster enclosures or go to daily trash pickup service. Going to daily pickup service comes with a cost. |n talking with a service provider that offers daily pick up, a medium weight restaurant that generates 12 cubic yards of trash per week (which is normal for many food service operations) will see their trash removal bill go from $260 + fees and taxes to $440 + fees and taxes per month. Masonry trash enclosures themselves cost between $1O,OOO and $2U,OQO each tnconstruct. Second, according to the Washington County Hea!th Code, restaurants and other food establishments cannot keep trash inside their building (even forjust a few hours) unless they have a separate room with sealed containers that can hold rubbish. Additionally, the room must exit to the outside without going through the kitchen, Many downtown food establishments do riot have this type of space available and it is likely to be very expensive for them to create such a space. This requirement is similar to those in place in St. Paul and Minneapolis. Regardless of which option the council chooses, it could allow a grace period for compliance so businesses are on notice of the requirement and work toward compliance over the near term. From the desk oL Michel yosee'&DCP 'City Planner of Stillwater .2l8 NT. -Ph Street .Stillwater, k|N55(82 651,430-8822 Fax: 651.430-B810 mpoggeci stillwater w, 2) Require all trash and dumpster to be out of public view, kept either inside a building or within a dumpster enclosure. This coud be required as of a certan date, or When business/buiIdng improvements occur. Similar to residential properties, the City coud require that all dumpster be kept out of public view other than between 5 PM on the day before trash pickup days and until the trash is pickup. This would require businesses to construct dumpster enclosures or keep their dumpster inside their building until trash day, If tied to improvements, this approach addresses the issue over time; however, it would take a number of years to fully address all of the current issues. It also becomes important to consistently apply this requirement as site changes are made. For example, this past year staif recommended that Marx's restaurant be required to construct a trash enclosure if and when they build their new outdoor patio. The applicant requested and the HPC agreed to drop staif recommended condition, Certainly, with the high cost of masonry trash enclosure businesses will attempt to avoid constructing them if possible, Business with dumpster enclosures wculd be able to keep them. Others, would need to keep durnpsteoindde until trash pickup days. Restaurants without outsicle trash facilities would be forced to go to daily pick up. 3) Require all trash to be kept indoors. This would require all trash dumpster to be moved inside businesses until trash pickup days. This would necessitate all restaurants to go to seven day a week trash service in the downtown area. This would eliminate all trash enclosures, outdoor dumpster, and outdoor trash. The City could also go to a single provider that offers daily pickup service. Linder this scenario, similar to residential properties in the City, the City would contract with one service provider for commercial trash pickup service. Similar to option five, aU trash would be inside until after 5 PM or another set time for pickup. Similar to residential properties, business could be billed by the service provider with unpaid bills being certified to the taxes. In addition, state law sets out very specific step that city must go through before implementing such a program. This process requires a minimum of 210 days of notices, public meeting, and consulting with service providers before such a program could be implemented by the City. Beyond having only one service provider there may be limited benefit over the other above options. Staff will be at the January 19 meeting to address questions that the Council may have. From the desk of... Michel Po8gc,AiCn • City Planner • City *[Stillwater •2l6N. 4th Street .SdUvvaher'k1N55082 MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialis Date: 01/11/10 Subject: Computer Purchases This memo is a request for the purchase of computers for 2010. In 2009, the city did not purchase any new computers. At this point 62% of our computers are older than 4 years. Since we only carry a 3 year warranty on our computers, most are out of warranty. In the past year and a half we have had computers break down and have used older computers to repair or replace them. This has depleted our supply of usable, older computers. So it has reached a critical point in which we need to start replacing some computers according to our replacement schedule. I am requesting the purchase of 8 computers for the following departments: Administration, Community Development, Police, Inspections, Recreation Center, Sewer, and Streets. Some of these will replace machines that I will be putting elsewhere in the city and some are just too old to do anything with. This is a very conservative replacement of computers, at this time I am only replacing what we really need to replace. However, with this in mind, it may be necessary to replace others before the year is out depending on how our remaining inventory holds up. Total cost to purchase is $9784.00 plus tax. There is money available in our capital outlay budget to replace these computers. Larry Hansen From: Rose Holman Sent: Thursday, uary 14, 2010 9:59 AM To: Larry Hansen Subject: computers Larry, 1 don't want to forget to talk with you about the computers today so I am sending you this e-mail so that 1 catch you 1 will be pretty busy in the server room. First let me say that 8 computers I asked for was a very conservative number. 1 really wanted to ask for more and that is why 1 mentioned in the memo that I may have to come back later in the year and get more. With the number of computers we manage replacing 8 computers in two years seems very reasonable. With that said you asked me to reduce by four. 1 had a hard time coming up with four. 1 could possible reduce two, the one for the receptionist and the one for the P0. But the problem comes in that I spent a good amount of time figuring out what computersl could replace and than use those computers to replace others that are not working well. If 1 don't get two than most likely 1 cannot replace four and 50 on. The m 'or)tyoftheconnputoo|w/anttorep|acev»i||beusedtmrep|aceothersthatare even older. If you want to discuss this more let me know. I ill o stop in and see you today. Thanks, Rose Rose Holman |MI5 Specialist AJrninist,ationDepartnnent City lwqtcr 1 wwmv.d.stiUwatcrsniLus 216 North 4th Street 1 Stillwater, MN 55{)82 (]AFi'":651.43O-88O4 Fax: b51-43D-88C}9 Email: rholrnan@c.5t|Uwute,rnn.u5 Live simply. Love generously. Care deeply. Speak kindly. Leave the rest to God., Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at ... Page 1 of 2 View /Print Cart Print Page State and Local Government Retail Store E -quote Number: 1009673378238 E -quote Name Saved By: 2010 computers Rose Holman rholman@cistilhvater.mn.us Monday, January 11, 2010 Wednesday, February 10, 2010 Saved On: Expires On: Premier Page Name State and Local Government Retail Store Description Dell OptiPlex 780 Small Form Factor - Newl to & Time: January 11, 2010 11:03 PM CST SYSTEM COMPONENTS Dell OptiPlex 780 Small Form Factor - Newi Qty 8 OptiPlex 780 Small Form Factor Base Standard PSU, Genuine Windows® 7 Professional to XP Protessional,SP3,Media,English Catalog Number: Module Opti Plex 780 SFF Operating System Processors MEMORY Keyboard Monitors Vid Brd Boot Hard Drives Media Card Reader DPN Systems Management Mode Hard Drive Mode Removable Media Storage Device Thermal Speakers Windo , Life without Walls . Dell recommends Windows 7, E -Quote Description Phone Number: Purchasing Agent: Notes/Comments: Additional Comments: optiplex 780 (651) 430 -8804 Unit Price $1,223.00 84 W1632 Description Show Details OptiPlex 780 Small Form Factor Base Standard PSU Genuine Windows® 7 Professional to XP Professional,SP3,Media, English Intel® Core T"" 2 Duo E8400 with VT (3.0GHz, 6M, 1333MHz FSB) 3GB DDR3 Non -ECC SDRAM,1066MHz, (2 DIMM) Dell QuietKey Keyboard Dell Professional 1909W 19in HAS Wide Monitor, VON DVI, EPG Integrated Video, Intel® GMA 4500 160GB SATA 3.OGb /s and 8MB DataBurst CacheTe" No Media Card Reader Dell USB 2- Button Entry Mouse with Scroll, Black Intel® Core2 vPro Technology Enabled No RAID BX Slimline DVD -ROM, Cyberlink Power DVDT'" Heat Sink, Mainstream, Small Form Factor Internal Dell Business Audio Speaker http:/ /pre iereco . dell. com /dellstore/PopUps /popupprint c .aspx ?c= us &cs =rc97821... 1/11/2010 Find a Laptop, Notebook, Desktop, Server, Printer, Software, Service, Monitor or TV at Page 2 of 2 sinCM51 Power Supply Documentation Energy Efficiency Options Resource DVD Hardware Support Services Setup and Features Information Tech Sheet Shipping Packaging Options Processor Branding OptiPlex 780 Small Form Factor Standard Power Supply Opti 780 Documentation English Dell Energy Smart Power Management Settings Enabled No Resource DVD 3 Year Basic Limited Warranty and 3 Year NBD Onsite Service No Tech Sheet Shipping Material for System, Small Form Factor vPro Sticker TOTAL: $9,784.00 Total Price Sub-total $9,784.00 Shipping & Handling $0.00 Tax Total Price 2010 De lV AboW De VV Terms of Sake 1 frrolited Warranty 1 UnresoRved Vssues PRNACY AboW Our Ads j Det RE,,cyclung Contact Site Map Feedback B4Orpoe Text http://premierecomm.dell.com/dellstore/PopUps/popup_print_cart.aspx?c=us&cs=rc97821... 1/11/2010 DATE: December 30, 2009 CC DATE: January 19, 2010 City Council ITEM: Annual Review of St Croix Boat and Packet Co. and Gondola on the St Croix wharfage permits REVIEWERS: City Administrator, Community Development Director, and City Attorney PREPARED BY: Michel Pogge, City Planner/11 BACKGROUND As a condition of approval of the special use permit issued for the St Croix Boat and Packet Co., an annual dock permit is required. A part of the review includes a wharfage permit for the Gondola on the St. Croix that uses the public dock for boarding. The St Croix Boat and Packet Co, operates five excursion boats from the docks and provides transient boat dockage for visitors by water. As noted in the permit, no more than four excursion boats and one service boat can be on the site for more than a 24 hour period. The fifth excursion boat will normally be docked at Sunnyside Marina and dock/moor at this dock for repairs and/or passenger loading. In June of last year, there was a fair amount of discussion related to the Majestic Star relocating to the dock. At that time, it was suggested that the permit should only list the number of boats and not list the name of the various boats. The DNR permit does this, as does the attached dock permit. Annual Review of St Croix Boat and Packet Co. and Gondola on the St Croix wharfage permits 2 Total trips were down in 2009 by 4,500 passengers. This continues a trend from over the past number of years of decline passenger counts. The 2009 trips and passenger counts were as follows: St. Croix Boat and Packet Co. I Charters Excursions Boats Trips Passengers Trips Passengers Jubilee II 26 2,396 7 525 Majestic Star 46 7,381 5 748 Anastasia 102 4,231 3 150 Andiamo Showboat 114 8,590 166 9,771 Empress Andiamo 36 4,418 95 9,732 Avalon 36 4,418 82 19,927 Total 360 I 31,434 358 40,853 (Note: The Jubilee II is no longer used by St. the site in 2010) The gondola booked 1000+/- passengers in 2009. The 2010 dock permit includes an increase of $50.00 per boat/dock or $300.00 total over the 2009 permit. The fees for 2010 are $1,650.00 per boat for a total of $9,900. STAFF RECOMMENDATION The City Council approve the 2010 dock permit. Attacl Proposed 2010 Dock Permit Croix Boat and Packet and will not be on 1. LOCATION. 2. OTHER RULES, 5. WATER FRONT REGULATIONS. 6. SPECIAL USE PERMIT. DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St. Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions: The Dock may be maintained in the St. Croix River approximately 150 feet south of East. Nelson Street ,. on the parcel owned by the City and located immediately south of the Dock Cafe parcel of land. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000, 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Cotnpany must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE. The Company must provide to the City proof that it has obtained liability insurance coverage for at least the limits of $1,500,000 for any number of claims arising our of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear". 9. PUMP OUT PRIVILEGES. The Company must provide pump-out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter/excursion boats and one (1) service boat not exceeding 26 feet in length. Up to one (1) additional charter/excursion boat or vessel may dock/moor at the dock facilities as permitted by the U.S. Anny Corp of Engineers and the Minnesota Department of Natural Resources for repairs and/or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,650.00 for each of the four charter/excursion boats that are normally docked at this site. Additionally the company shall pay an annual permit fee of $1,650.00 for the right to dock, repair at and/or load passengers for one additional boat that normally is kept at a different dock. The boat normally kept at a different dock shall not remain at this dock for a period to exceed 24 hours at a time. Finally, an annual permit fee of $1,650.00 shall be paid for the transient and Company boat docks. The total permit fee for 2010 shall be $9,900.00. 13. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up to not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any arca of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off-season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. RIGHT OF ENTRY. The Company agrees to grant the City a right of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase TII of the Stillwater Levy Wall project during the year 2009, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act. 20. DU . TION. Dated this The duration of this permit is from January 1, 2010 through December 31, 2010, 21. TERMINATION. This permit may he terminated by the City at anytime it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this pemiit. , 2010. CITY OF STILLWATER - 3 - 13y: Attest: Ken Harycki, Mayor Diane F. Ward, City Clerk TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer TJ RR, DATE: January 12, 2010 Feasibility Study for the 2010 Street Improvement Project Project No. 2010-02 INTRODUCTION In keeping with the Annual Street Improvement Project Study, it is proposed that the following streets be improved for the 2010 Street Improvement Project: Pavement reconstruction (reclaim) Oak Glen Trail, Oak Glen Drive, Oak Glen Lane, Swenson Lane, Oak Glen Place, Oak Glen Crescent, Oak Glen Court, Oak Glen Circle, Sunnyslope Lane Mill and Overlay MEMORANDUM Heifort Court, McKusick Road Court North, Birchwood Drive, West Linden Street (Echo Lane to west end), Echo Lane, Lookout Street, Sterling Way 2' Street North (Wilkins Street to River Heights Drive) il` Street South (Orleans Street to Willard Street) EXISTING CONDTIONS The streets selected for a pavement reconstruction were primarily rated in poor or worst condition in the 2007 Pavement Management Plan. These streets were constructed in 1983. Pavement failure is exhibited by rutting, spalling, settling, and extensive cracking. The streets selected for mill and overlay were primarily rated in fair condition in the 2007 Pavement Management Plan. The Radles neighborhood (Echo, Birchwood, Lookout, Linden, Sterling) was constructed in 1967, 2" Street North in 1971, LI Street South in 1960, and Heifort and McKusick Road Courts in 1983. These streets show signs of deterioration, but have adequate structural strength to support a mill and overlay. All of the above streets have existing concrete curb and gutter. The curb and gutter is primarily in good condition, with isolated locations of cracking and settling. Most of the pedestrian ramps 011 2 Street North and 4 Street South do not have the required truncated domes. There are several locations where the sidewalk is severely cracked, heaved, settled, or misaligned, such that it could cause people to trip. The water system is primarily in good condition. The water board has identified 6 homes within the project area that have galvanized water services. These galvanized services were installed in or prior to the 1960s and have a high tendency to corrode and rupture. There are also a number of valves in the street that have broken top sections. The sanitary sewer mains on the project have been televised and are generally in good condition, There are a few areas with root intrusions and pipe cracking. The storm sewer pipes are in good condition, with many of the catch basins showing signs of deterioration. PROPOSED PROJECT On the streets proposed for pavement reconstruction aim the project includes: • Catch basin replacements and upgrades • Replacement of defective curb • Replacement of broken gate valve top sections Sealing of sanitary and storm sewer manhole rings Reclaim of existing pavement/ gravel and subgrade preparation New bituminous surfacing • Street sign replacement • Rain garden installations to meet water quality requirements The existing pavement will he ground up with the existing aggregate and used as a base course. Replacement of identified curb sections, catch basins, and gate valve sections will be completed. The rings of storin and sanitary sewer manholes will be sealed to prevent future deterioration. The street will then be brought to grade and 4 inches of new bituminous will be installed. In accordance with the City storm water permit, reconstruction projects need to target infiltration of inch runoff from roadway surfaces. To achieve this requirement, it is proposed that rain gardens be placed near catch basins in the Oak Glen neighborhood. Adjacent residents have been contacted about performing rain garden maintenance at identified potential rain garden locations and most have expressed interest. On the streets proposed for mill and overlay, the project includes: • Catch basin replacements and upgrades • Replacement of 6 galvanized water services • Replacement of defective curb Updated pedestrian ramps and minor sidewalk improvements • Sanitary sewer main lining at isolated locations Replacement of broken gate valve top sections Sealing of sanitary and storm sewer manhole rings Pavement mill and overlay Street sign replacement The top 1.5-inches of bituminous surface will be removed with a milling process. The millings will be hauled off site to be used as aggregate in bituminous mixtures. The water board has identified 5 galvanized water services on Linden Street and 1 on South Fourth Street. Since these galvanized services have a high tendency to leak, it is proposed that they be replaced as part of the street reconstruction. Identified curb sections, pedestrian ramps, sidewalks, catch basins, and gate valve sections will be replaced. Sanitary sewer manhole rings will be sealed and main lines will be lined at identified locations. A 2-inch bituminous wear course will be placed, followed by completion items such as signing and striping. PROJECT COST AND FINANCING (Project Budget $1,771,560) Pavement Reconstruction (reclaim) streets: Oak Glen Trail, Oak Glen Drive, Oak Glen Lane, Swenson Lane, Oak Glen Place, Oak Glen Crescent, Oak Glen Court, Oak Glen Circle, Sunnyslope Lane Estimated Cost: $1,056,000 (includes design, inspection, surveying, administration) It is proposed that the front footage assessment method be used for the City parcels and golf course properties. There is one City property on the south side of Sunnyslope Lane and 4 locations where Oak Glen Golf Course abuts the streets. Since the Oak Glen Golf Course does not have any vehicle access or improvements off of the Oak Glen streets and does not receive benefit from the project, it is proposed that those front footage costs be paid from the general fund. With the front footage method, an adjusted front footage is calculated for each property based on the procedure established in the assessment policy. Under a 50% assessment ratio, the preliminary front footage assessments would be $33.70 per foot. There are 834 feet of City and golf course frontage with 528,105 proposed from the general fund. The residential properties are proposed to be assessed by the unit method with assessments calculated as follows: Standard interior lot: 1 unit Vacant or sub-dividable lot: I unit to be deferred until lot is built on Comer lot: 0.5 units for each side reconstructed The proposed unit assessment rate is $4,064 per unit. There are 123 proposed assessment units with $499,872 in proposed assessments. There is one vacant lot on Oak Glen Trail which is proposed to receive a deferred street assessment that would only be charged if a home is constructed on the lot. Mill and Overlay Streets: Heifort Court, Mckusick Road Court, Birchwood Drive, West Linden Street (Echo Lane to west end), Echo Lane, Lookout Street, Sterling Way, 2" Street North (Wilkins to River Heights), and 4 Street South (Orleans to Willard) Estimated Cost: $709,000 (includes design, inspection, surveying, administration The cost for the mill and overlay includes $8,000 to replace 6 galvanized water services. The property owners with the galvanized services would pay 100% of this cost in accordance with the assessment policy. According to the assessment policy, assessments for state aid streets (2" St. N. and 4 St. S.) should be equivalent to a residential equivalent of a standard City street (30-foot paved). The costs for width in excess of the 30-foot paved width would be paid from the general fund. It is proposed that all remaining costs be recovered 50% by special assessments and 50% from City funds. It is proposed that the front footage method be used for the City parcels, golf courses and commercial properties,. There are City parcels on Echo Lane, '.Birchwood Drive, West Linden Street and South 4 Street. There are 4 commercial properties located at the corners of 4 Street South and Churchill Street. The Stilh,vater Country Club is located on the west side of 2" Street to the north of Sycamore Street. Since the Country Club does not have access or building improvements off of 2" Street and does not receive benefit from the project, it is proposed that those front footage costs be paid from the general fund. With the front footage method, an adjusted front footage is calculated for each property based on the procedure established in the assessment policy. Under a 50% assessment ratio, the preliminary front footage assessments would be $17.50 per foot. There are 290 feet of commercial properties with proposed assessments of $5,075. There are 1,976 feet of City and golf course frontage with $34,580 proposed to be paid from the general fund. The single and multi-family properties are proposed to be assessed by the same method that was used for the 2008 and 2009 Street improvement Projects. Standard. interior lot: 1 unit Vacant or sub-dividable lot: 1 unit to be deferred until lot is built on Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit f 0.2 units for each additional occupancy There are 2 multifamily properties and 1 vacant lot along South 4' Street and 1 vacant lot on North 2" Street. The proposed preliminary unit assessment rate is $1,658 per unit. There are 175 assessment units with $290,150 in unit assessments. Proposed .Preliminary Assessment Summary Table d overlay commerma Mill and overlay City/_Lolf course ! Mill and overlay residential 1_ Pavement reconstruct City/golf course Pavement Reconstruct residential Extra width cost for 2'/4"' Assessment Subtotal (50%) — City share $877,206_ Galvanized water (100%) / service Street Ima_Lver merit Project Cost. Street Improvement Pro ect Bud et Paid from City general fund [Total from City general fund = $959,315 (54%)] PROPOSED SCHEDULE (PRELIMINARYj January 19 February 16 March 2 April 6 May through August September 7 RECOMMENDATION ACTION REQUIRED Assessment Rate ...............Feasibility Study ...............Public :Hearing Approve plans „...........„Award bid Construction ..... ...............Assessrnent Hearing Adjusted Assessment Assessment Front footage Units Amount 517.50/ foot 290 $5,075 $17.50/ foot 1976 $34,580L $1,658/ unit 175 , 5290,150 $33.70/ foot 834 $28,105' $4,064/ unit 123 $499,872 $‘19,424' ...AMmomiammon Since the project is feasible from an engineering standpoint and the project is cost. effective, it is recommended that Council accept the feasibility report for the 2010 Street Improvement Project and order a public hearing to be held on February 16, 2010 at 7:00PM. lf Council concurs with the recommendation they should pass a motion adopting Resolution No. 2010- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2010 STREET IMPROVEMENT PROJECT, (PROJECT 2010-02). 58,000 ,762,412 ,771,560 ATTEST: RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2010 STREET IMPROVEMENT PROJECT (PROJECT 2019-02) WHEREAS, pursuant to resolution of the Council adopted October 20, 2009 a report has been prepared by the City Engineer with reference to the 2010 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the iinprovement of $1,762,412. A public hearing shall be held on such proposed improvement on the 16' of February 2010, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 19 day of January 2010. Diane F. Ward, City Clerk Ken Harycki, Mayor Feasibility Study Meeting 2010 Street Improvement Project January 19, 2010 City Hall " 2010 Street Improvement Project • These streets were selected based on the conditions of the streets • Mill and overlay streets show signs of deterioration, but still have structural strength • Reconstruct streets are in poor condition and lack pavement structural strength • City Council authorized the Feasibility Study on Oct. 20, 2009 ..,. 111111111111'1 1,1, 11 01" City of Stillwater Pavement Management Plan • City has 6.2 miles of State roads, 8,7 miles of County roads, and 89.7 miles of City Streets • Upgraded in the fall of 2007 • The Pavement Management Plan places City streets into 5 categories- Excellent, Good, Fair, Poor, Worst • There were 16 miles of streets in the poor and worst categories EXCELLENT 50011 FAIR POOR WORST Benefits of Regular l'sv■crncni laintenance 20 Pavement Age (Years) 1/14/2010 1 ~�e Pavement m Variety of reconstruction techniques • Reconstruct pavementl save curb on Oak Gien Trail, Oak GIen Dr., Oak G[en P1., Oak Gien Crescent, Oak Gien Ci, Oak Glen CL, Oak Glen Ln., Swenson Ln, Sonmys|opeLn. • Mill and overlay (Bftchwood SL, Lookout St., Linden St, Echo Ln, Slerling Way, St. N,4* St, 3,Heifort CL, McKusick Ln. Ct. N.) Private Utilities, Signing, Etc, • Send map of project area to privae utility cornpanes so they can address infrastructure needs at the same Lime ▪ Signing, striping, etc. Financing • Projects financed through City funds and Anseuomnrts (Assessment Policy 1993) • Project paid 50% by General Fund and 50% by assessments • Commercial/ Institutional by front foot method and residential by unt method • Repiacement of galvanized water services paid 100% by resdents • Different assessment rates proposed: Mill and overlay Pavement reconstruct Sanitary Sewer and Water • Replace galvanized water services since they have a high tendency to leak- 6 properties- 1302,1306,1314,1322,1408 Linden and 1315 South Fourth Street • Sanitary sewer televising- lines in good condition with isolated cracking and root intrusion • Seal manhole tops, gate vaive top sections Storm Sewer and Drainage • Replace deteriorated catch basins mMPCA storm sewer permk requires storm water to be infiltrated into the qround. Volume is 0.5"of rain over the street surface • Locking at rain gardens near catch basins in Oak Glen neighborhood- neighborhood meeting and letters sent to adjacent owners Proposed assessments • Footage rnethod per assessment policy for commercial and institutional property • tinit method for residential property Standard interior nt: 1 unit Vacant or sub-dividable lot: 1 unit to be deferred until lot is built ori Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit +O.2 units for each additional occupancy 1/14/2010 2 eAggf-a,.$ • • I • • ■0,00 00,r 000 Financing (...cont) • Street assessments on past projects have varied depending on scope of work (sidewalk, lighting, utilities, etc.) • Unit assessment examples (2007- $6,500 2008- $7,100 2009-$4,208), corners half per side reconstructed • Assessments- up front or 10-year period • Information on cost at the public hearing, including preliminary assessment roll • o '* 0 * 11111 0 0 's w • 0 .. • . • ) 10011111 ASSCSSMCM Rate M Comrreercial ry Dix/ Golf Coursc S 7 5( im 7 50 ' Dot [ Rcsiderm&A 's1,659. unit Cry ; Ciolf Course S33 7(.1' fool Rtsidcottat 54.14,1 Per Subtotal (SW%) 10% 51331 ct Total Paid flOnt (70 C1011,0 001,1 001 , 1 ,1 1 , 1 , 1 0 1 Possible Schedule troar..■ "nu Adjusted AssewirnetU AsS.nsmcra footage linits R0r1d,(0Ca 9 197, 0,t4 ss 07'5 ' r 5290.11!5) S28,105" 1.2?. 54 S19.424' • Feasibility Report to Council Jan • Public Hearing/ Order plans Feb • Approve Plans/ Authorize bid March • Accept bids/ Award contract April • Preconstruction neighborhood meeting • Construct project May-Sept • Final Assessment Hearing Sept 1/14/2010 Neighborhood meeting(12/3/09) Meetng was well attended- minutes posted on web site. Items of discussion included: • Scope of project • Assessment costs and procedures • Utility concerns at specific IocaUons m Speed of traffic on various streets m Drainage concerns a, specific locations 00000011111111111000001iP Possible Schedule • FeasibiliLy Report to Council Jan 19 • 2nd Neighborhood meeting Feb 4 • Public Hearing/ Order plans Feb 16 • Approve Plans/ Authorize bid Mar 2 • Accept bidsl Award contract Apr 6 • Preconstruction neighborhood meeting • Construct project May-Aug • Final AssessmenL Hearing Sepi7 1/14/2010 4 DISCU MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer DATE: December 23, 2009 RE: Washington Ave Mill & Overlay Project Project 2009-10 Bids for the Washington Ave Mill & Overlay Project were opened on Thursday, December 17, 2009, The City received seven bids with the low bid of $284,997.83 submitted by Tower Asphalt, Inc. (See attached resolution). The engineer's estimate for this project was $330,000.00. RE I recommend that the City accept the bids submitted for the Washington Ave Mill & Overlay Project, Project 2009-10 and award the contract to Tower Asphalt, Inc. with a low bid of $284,997.83. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2010- ACCEPTING BID AND AWARDING CONTRACT FOR WASHINGTON AVE MILL & OVERLAY WHEREAS, pursuant to an advertisement for bids for the 2009 Washington Ave Mill & Overlay Project, bids Were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; and ATTEST BIDDER Tower Asphal t, Inc., Lakeland, Minnesota Astech Corp., St. Cloud, Mirmesota North Valley, Inc., Nowthen, Minnesota Valley Paving, Inc., Shakopee, Minnesota Northwest Asphalt, Inc., Shakopee, Minnesota T.A. Schifsky & Sons, Inc., St. Paul, Minnesota HardriveS, Inc., Roger, Minnesota ENGINEER'S ESTIMATE WHEREAS, it appears that Tower Asphalt, Inc. of:Lakeland, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Tower Asphalt, Inc. of Lakeland, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 19 day of January 2010. Diane F. Ward, City Clerk ACCEPTING BID AND AWARDING CONTRACT FOR WASHINGTON AVE MILL & OVERLAY PROJECT (Project 2009-10) BID AMOUNT $284,997.83 $311,409.48 $311,658.95 $313,069.80 $313,151.56 $323,900.00 $348,829.10 $330,000.00 Ken Harycki, Mayor Memorandum Date: January 13, 2010 To: Mayor and City Council Members Cc: Cfty Administrator Larry Hansen From: Ch/efJnhnGannavvey Subject: 2010 Squad Car Purchases The Police Departmerit is requesting permssion to purchase three (3) Dodge Charger Police Package Vehicles from Dodge of Burnsville (awarded MN State Contract #442518) at a price of $22,957 per vehicle (Total $68,871). Total amount approved for vehicle purchases for the Police Department in 2010 is $90,000, The remaining monies will be used for squad set-up, graphics, etc... The average life span of a squad car is three years, as they are then taken out of service and sold at auction. The vehicles are driven much harder than other vehicles, often idling for long periods of time, used for more than 24 continuous hours repeatedly, and become problematic maintenance-wise after three years. The cost of maintenance and repairs often are more than the cost of a new vehicle after three years. We normally take three of our oklest squad cars out of service each year, but this year we are taking only one out of service (one 2005 Ford Crown Victoria used by Police Reserves) as our Reserves will be given the oldest Dodge Charger to operate, and the K-9 Unit will be utiIiing one of the other olcjer Chargers. .t\ w' . ''�° �° ~f��4� . ' w� ^~~' K " 4~�y Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/15/2010 ACTION REQUIRED: Administration Re: 1 Reading of Ordinances amending Heritage Preservation & Human Rights Commission Membership Reviewed by: Dave Magnuson, City Attorney & Larry Hansen, City Administrator At the City Council's meeting on January 5, 2010 Council directed the City Attorney to prepare an ordinance for the Human Rights and Heritage Preservation Commission to allow the Council representative to be a voting member of the commission. Attached are two ordinances reflecting that change. If Council wishes to proceed, they should pass a motion (for each ordinance separately) approving the 1 reading for each of the ordinances. The second reading of the ordinances will be at the February 1, 2010 meeting. ordain: effect. Adopted by the City Council this ORDINANCE 1013 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 25-1, ENTITLED HUMAN RIGHTS COMMISSION The City Council of the City of Stillwater, Washington County, Minnesota, does Amending. Section 25-1, Subd. 3, entitled "Membership" is hereby amended to read as follows: (1) Members. There is established a city human rights commission, the "commission," which shall consist of seven (7) voting members that includes a Council representative, to be appointed by the city council.. All voting members shall be residents of the city and shall serve without compensation. Saving. In all other ways the Stillwater City Code shall remain in full force and Day of , 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ordain: effect. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 22-7, ENTITLED HERITAGE PRESERVATION COMMISSION The City Council of the City of Stillwater, Washington County, Minnesota, does Amending. Section 22-7, Subd. 3, entitled "Established" is hereby amended to read as follows: (1) Members, There is established a city heritage preservation commission, the "commission," which shall consist of seven voting members that includes a Council representative, to be appointed by the city council, The community development director of the city shall be ex officio, nonvoting member of the commission. All voting members shall be residents of the city and shall serve without compensation. Saving. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this ORDINANCE 1014 Day of , 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memorandum ACTION REQUIRED: Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 1/15/2010 Re: Amending Resolution for Downtown Parking Commission Reviewed by: Dave Magnuson, City Attorney & Larry Hansen, City Administrator At the January 5, 2010 meeting Council directed the City Attorney to prepare a resolution amending the membership of the Downtown Parking Commission. Attached is the proposed resolution reflecting that the voting membership may have a Council representative but is not required. If Council wishes to proceed they should pass a motion adopting the attached resolution. RESOLUTION AMENDING RESOLUTION 2009-95, RESOLUTION 2008-36 AND RESOLUTION NO. 92-249 ESTABLISHING DOWNTOWN PARKING COMMISSION AND BYLAWS WHEREAS, the Stillwater City Council at their January 1, 2010 discussed and directed staff to amend Resolution 2009-95 to read as follows: COMPOSITION AND SIZE OF COMMISSION (1) Members. There is established a city downtown parking commission, the "commission," which shall consist of seven (7) voting members. All voting members shall be residents or business owners, property owners or residents of the city and shall serve without compensation; one of the members may be a Council representative. All members are to be appointed by the city council. The Police Chief of the city shall be ex officio, nonvoting member of the commission. All voting members shall be residents or business owners, property owners or residents of the city and shall serve without compensation. Any Commissioner that misses two consecutive meetings without notice to the Chairman shall be removed from the Commission. BE IT RESOLVED that the Stillwater City Council hereby adopts the above change to the Composition and Size of the Downtown Parking Commission and that all other sections of Resolution 2009-95 will remain the same. Adopted by the Stillwater City Council this 19 day of January 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor BACKGROUND COMMENTS RECOMMENDATION bt TO: City Council FROM: Bill Tumblad, Community Development Director MEETING DATE: February 1, 2010 RE: Contract for Parking Ramp Cleaning Services Before the final punch list items are completed for the parking ramp, and the final payment is made to the genera] contractor, a custodial contract needs to be finalized. Until that time the general contractor is doing light custodial work in the lobbies and the elevator. During this interim period the restrooms are not open to the public. As budget and construction plans were being developed for the ramp, it was estimated that each parking space would need to generate $345 per space per year. The $345 covered short and long term operation and maintenance. This included contracted custodial services. Requests for parking ramp tower cleaning service bids went out on December 23 This included publishing the request in the Stillwater Gazette, putting the request on the City Website, sending personal mailed requests to all commercial cleaning services listed in the local phone book, and sending personal mailed requests to any other commercial cleaning services that the City has had contracts with in the past, but that may not be in the local phone book. The bid request included a very detailed schedule of tasks, a section on general conditions, a section on specific conditions, and a bid form. The bid deadline was January 13 Two bids were received. 1. One bid was submitted by A-1 Maintenance, Inc. of White Bear Lake. Their base bid was $1,421.44 per month. After hour clean-up would be billed at $74.81 each. 2. One bid was submitted by St. Croix Boat & Packet of Stillwater. Their base bid was $750 per month. After hour clean-up would be billed at $12.00 each. The Downtown Parking Commission recommends awarding the contract to the low bidder, which is St. Croix Boat & Packet. They also recommend negotiating with the ]ow bidder to see if the company would accept payment for services during 2010 in the form of a credit toward cost of future parking ramp passes. APPROVAL OF 2010-2011 CONTRACT FOR PARKING RAMP TOWER CLEANING SERVICES BE IT RESOLVED by the City Council of Stillwater, MN that the parking ramp tower cleaning services with St. Croix Boat and Packet and the City of Stillwater relating to cleaning of the parking ramp tower cleaning, 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 19 day of January 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby adopts the following fee schedule for 2010, effective January 20, 2010. PLANNING PERMIT REVIEWS AND APPEALS: Comprehensive Plan Amendment Fee Escrow $1,000 $0 $500 -0-5 acres $2,500 $5,000 6-40 acres $5,000 $10,000 41-80 acres $7,500 $20,000 over 80 acres Zoning Amendment (text or map) Fee Escrow )0 $QL S500 0-5 acres $2,500 $2,500 6-40 acres $5,000 $5,000 41-80 acres $7,500 $10,000 over 80 acres Planned Unit Development (PUD) Concept Fee Escrow $3,000 $5,000 0-5 acres $5,000 $5,000 6-40 acres $7,500 $10,000 41-80 acres $10,000 $10,000 over 80 acres Final Fee Escrow $1,000 -0- 0-5 acres $2,000 -0- 6-40 acres $3,000 -0- 41-80 acres $5,000 -0- over 80 acres Subdivision Preliminary Plat Fee Escrow $500 + $100 per lot $2,500 0-5 acres $1,000 + $100 per lot $5,000 6-40 acres $2,000 + $100 per lot $7,500 41-80 acres $5,000 + $100 per lot $10,000 over 80 acres Final Plat Fee $500 0-5 acres $1,000 6-40 acres $2,000 41-80 acres $5,000 over 80 acres 1/15/2010 FEES FOR SERVICES/PUBLICATIONS 2010 Resubdivision Lot Line Adjustment Appliction Conditional/Special Use Permit Residential $150 Commercial $500 Tax Increment Financing Application Fee Home Occupation Type & v pit Commercial/Industrial Use Determination Infill Design Permit Variance Residential Commercial/Industrial *Escrow amount dependent on Project location, Site conditions and type of development Certification of Compliance Design Review Permit Sign Permit Fence Permit Bed & Breakfast Inspection Zoning Letter Annexation Permit 1111 i at oil il"fc Itc,)1 oryi vp. Site Alteration Permit Demolition Permit Street Vacation Grading Permit - Residential Grading Permit — Commercial Appeals Permit Modifications Right of Way Permit Obstruction Permit Contractor License $100 1/15/2010 $100 $25 *Escrow amount dependent on Project location, Site conditions and type of development $5,000 pk) Z -111 , ,5 m 0 !;0, 1111-i c $500 $500 $150 $500* $100 $25 $50 $25 $100 $100 $1000.00 up to 10 acres $2000.00 10 acres + &so: orcvw r"ro t„„o OL t d ende rot n roll Cr!.!. Fee $25 $150 $250 $150 Engineering Fee $500 Engineering Fee $50 Same fee as original permit Dependent on amount of work done $90 for two week period Escrow n/a n/a n/a $1,500 escrow $5,000 escrow An escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. 1) The fee shall be doubled for after-the-fact permit applications 2) The Uniform Building Code establishes a fee schedule for grading permits SANITARY SEWER RATES First Minimum Charge $39.00 Overage Charge $3.70 SEWER & WATER HOOKUP CHARGES - INFILL LOTS Sanitary Sewer $3,479 Water $3,479 STORM WATER RATES $10.00 SIGN & LIGHTING Residents - $8.00 per quarter Commercial based on acreage PUBLICATIONS/MINUTES/AGENDAS: City Code Book $100 unbound/$125 bound Zoning Book $25.00 Downtown Plan $10.00 Design Manual $5.00 Comprehensive Plan $20.00 Mailed minutes - per year $60.00 + Postage Mailed agendas - per year $20.00 + Postage Budget Book $25.00 Financial Report $50.00 ++--- PREPARED MAPS Black/White/Blue Line City Map (8.5 X 11) $2.00 City Map (11 x 17) $2.00 City Map (30 X 36) or copies of this size Zoning (8.5 x 11) Zoning (11 x 17) Land Use Map (11 x 17) Asbuilt Drawings (11 x 17) Asbuilt Drawings (24 x 36) Color City Map (30 x 36) Zoning Map (36 X 48) Zoning Map (8.5 x 11) Zoning Map (11 X 17) Land Use Map (11 x 17) Topographic Maps Parcel Map Electronic Data Via Mail* Electronic Data Via e-mail* 1/15/2010 $12.00 $2.00 $4.00 $4.00 $10.00 minimum or $3.00 per page $10.00 minimum or $6.00 per page $24.00 $30.00 $5.00 $7.00 $7.00 $5.00 per acre plus staff time $10.00 minimum or $2.00 per page $25.00 each project plus staff time $15.00 each project plus staff time *Electronic data fee must be paid and license agreement signed before sending information. OTHER SERVICES: Assessment Searches Assessment Roll Copy (each) Copies (B/W) per sheet Color Prints/Copies Audio Tape Copies Video Copies CD ROM Copies $20.00 $20.00 25¢ (8.5 X 11) 500 (8.5 X 14) 75¢ (11 X 17) $2.00 per side (8.5 X 11) (1-5 pages) $1.75 per side (8.5 X 11) (6-50 pages) $2.50 per side (8.5 X 14) (1-5 pages) $2.25 per side (8.5 X 14) (6-50 pages) $3.00 per side (11 X 17) (1-5 pages) $2.75 per side (11 X 17) (6-50 pages) $15.00 per tape $10.00 per tape $15.00 per CD L111;11JOR & TOBACCO LICENSES: oo or so gigoollglic; r I orlor! ulloo,i, 1,1 [1, Per year On-Sale $2887.50 On-Sale Club $446.25 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2 Malt Liquor $162.75 Off-Sale 3.2% Malt Liquor $57.25 Tobacco $250 Investigation Fee $300 Permit to consume $35 (local non-profits no charge) Annual Investigation $150 Temporary Liquor License Fee (12 per year — on-sale) $25 per day Temporary Liquor License Fee (3.2 unlimited) $25 per day PAWN BROKER FEE $5,000 plus monthly fee of $200 for computer access charges STILLWATER PARK FEES (Approved by Council on 10/30/07) All private individuals, religious institutions, and for-profit groups shall pay normal fees. The City does not charge not-for-profit groups and educational institutions to use City Parks, unless otherwise noted. The City does require a refundable damage deposit from ALL groups and persons renting parks facilities. Picnic Shelters and Gazebos $100 refundable damage deposit plus one of the following fees: Fri-Sun $50 Stillwater residents - $100 non-residents Mon-Thurs $35 Stillwater residents - $50 non-residents Ballfields (for tournaments) $150 Damage Deposit $150 1/15/2010 Park Open Space A $100 refundable damage deposit (i.e. weddings) Pioneer Park Bandshell $100.00 refundable damage deposit and $125,00 fee for residents and nonresidents (anytime). All groups, including not-for-profit groups and educational institutions must pay to use the Bandshell. Teddy Bear Park Building Rate Schedule: A $100 refundable damage deposit per floor is required plus the following. Mon-Thurs 1First 3 hrs (1' floor) Add'I hour (1" floor) First 3 hrs (2" floor) Add'I hour (2 floor) $10 $15 $10i$5* $15 * Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri-Sun Resident Non-Resident Non-profit Group For-Profit Group First 3 hrs (1" floor) $90 $160 $90 $160 Add'I hour (1' floor) $25 $45 $25 $45 First 3 hrs (2 floor) $70 $125 $70 $125 Addl hour (2" floor) Special Events in Stillwater Parks $500 Damage Deposit $250 POLICE FEES: Dog Licenses - per year $10.00 Dog Impound $50 Audio Tape Copy $15 Video Tape Copy $40 State Accident Reports No fee Police Reports No fee Background check $30 per person In-house statistical computer run $25 Bicycle License $1 1/15/2010 Resident Non-Resident Non-profit Group For-Profit Group $50 $80 $50 $80 1 $15 $25 $15 $25 $40 $60 $40 / $10* $60 20 $35 $20 $35 FIRE INSPECTION 1. Automatic fire extinguishing systems 1.2% of value, $100.00 minimum 2. Fire alarm systems 1.2% of value, $100.00 minimum 3. Annual license for retail sales of consumer fireworks $100.00 4. Residential daycare and foster care inspection $50.00 5. Open burning permit $15.00 6. Tank removal permit $75.00 7. Residential yearly nuisance/false alarm fees — fees based on a per call basis 1-2 No charge 3-4 $75.00 5-6 $150.00 7-8 $300.00 9 + $400.00 Commercial yearly nuisance/false alarm fees — fees based on a per call basis 1-2 No charge 3-4 $90.00 5-6 $180.00 7-8 $360.00 9 + $425.00 False alarm fees based on calendar year PARKING RAMP FEES 1. Contract Parkina. a. Business Hours Permit. This permit is for the use of one parking space on weekdays from 6:00 AM to 6:00 PM. Parking before or after the permitted hours is subject to the flat fee for transient parking, or the event parking fee if that applies. Note that all rates are given in monthly equivalents, however permits must be purchased in quarterly increments. The minimum purchase is one quarter. The prices listed are for each permit. i. Uncovered space (fourth level) $10/month [$30/quarter) ii. Covered space $15/month [$45/quarter] iii. Covered space, bulk rate (5 permit minimum) $12/month [$36/quarter] iv. Covered reserved space $20/month ($60/quarter] 2. Event Parking Parking during events does not include overnight parking. Any vehicle parked at the event rate after 2:30 AM will be subject to towing. a. Summer weekends. For the purposes of the municipal parking ramp, "summer weekends" are defined as occurring between May 1 and October 31 A summer weekend begins at 5:00 PM on Friday evening and runs through Sunday evening at 8:00 PM. i. The parking fee for summer weekends will be a flat $5. b. Special Events. Currently Lumberjack Days, 4 of July Fireworks and the Stillwater Criterium annual bike race are considered Special Events. The list of Special Events can be changed by the City Council. i. The parking fee for Special Events will be a flat $10. 3. Transient Parking, Transient parking is sometimes referred to as hourly parking. It is any parking that is not for special events or by contract. Any transient use vehicle that is parked past 2:30 AM will be subject to towing. a. The parking fee for transient parking will be a flat rate of $3 1/15/2010 PARKING FINES: $10 any violation not preceded by another parking violation the prior 90 days $20 any violation preceded by one parking violation within prior 90 days $30 any violation preceded by two parking violations within prior 90 days $25 added to fine if not paid within 10 business days of issuance PERMIT PARKING FEES: $10 permit parking per month per vehicle ($5 per month if after 15 of month) Adopted by the Stillwater City Council this 19th day of January, 2010. Attest: Diane F. Ward, City Clerk 1/15/2010 Ken Harycki, Mayor O 1— ▪ Z uJ 7) 0 2 cc ex 1- Z 0 ex 0 ;n o z 0 Eci 00 cT3 4 c • 4 4 cu a.) c c E E 3, 0) GJ 4/ E E a, a, a.) a.) .... L. • a, 4) 0 0 OD ra 3 c 0 0 . 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F` 45 CC ul V1 v1 YC N L Q X •a • a ri V .0 ❑ W ° I I V1 a U L6 taa LL w c y 7 Ir F+ ++ ++ +�+ �+ r CLI 1 r H V, 0 L CO U fp C C C C C C C C C c c C J 7 7 7 7 7 7 7 7 7 7 7 7 00000 U U 0 0 U U U C C C C C C C C C C C C , � ° 0 0°° 0 0 0 0 0 0 0 0 OO 00 0 . 53 t11 oD bO OYC a0 bO �1 C a` }' 4T, 1 4 C C C C C C C CC C C C C L.. aJ aJ © C ..0 t L L L VI N VI VI V1 V1 VI VI VI VI VI VI IA rti M1'I M11 R7 f0 f0 fC fC 19 f0 f0 R7 rt7 33 33333333333 V° E E U U— L L L L L L L L L z C V 5 11 L L LY dI • V}i 4) Minn, Stat. 6 •112.69 I. Staples V. Minnesota Power & Light Co., 196 Minn. 303, 265 N.W. 58 (1936). Minn. St, § 412.201. Sec League research memo Competitive Bidding Requirements in (Wk's (130b1.3). Minn. Stat. § 471.345. stibd. 2. See League research memo Competitive Bidding Requirements in Ciries (130b1.3). HANDBOOK FOR MINNESOTA CITIES CHAPTER 24 V. Contracts in general Generally, only the council may make contracts on behalf of the city. Individual councilmembers, council committees, and city administrative officers may not enter into these contracts. However, the manager in Plan B statutory cities may let contracts when the amount does not exceed $20,000., Charters often give the city manager similar limited authority. As long as a city council's actions are reasonable and honest, the council may generally enter into contracts on any terms it deems appropriate. If a contract does not require a tax levy higher than that allowed by law or result in indebtedness that exceeds the city's statutory debt limit, the law does not place an expenditure Limit on such agreements. The council should approve every contract by resolution. In addition, the mayor and the clerk (or the manager in Plan B cities) must sign and affix • the city seal to the contract. As long as the contract expresses an agreement of the council as a whole, and as long as there is no other reasonable doubt concerning the contract's legality, these officials may not, on the basis of their own judgment, refuse to execute the contract. VI. Competitive bidding requirements Cities must use a competitive-bidding process to let some city contracts. Although this requirement does not apply to all contracts, the following types of contracts must be competitively bid if they are expected to exceed $50,000: • Contracts for the sale or purchase of supplies, materials or equipment or the rental thereof. • Contracts for the construction alteration, repair or maintenance of real , or personal property. Competitive-bidding requirements are discussed in detail in a League research memo. The memo outlines the requirements of the statute and provides information on how Minnesota courts and the Minnesota attorney general have viewed the requirement in particular circumstances. This chapter last revised 12/15/2004 24-23 Buffalo Bituminous, inc. v. Maple Hill Estates, 311 Minn. 468, 250 N.W.2d 182 (1977); Kotschevar v, N. Fork Township, 229 Minn. 234, 39 N.W,2d 107 (1949); Scc also Fargo Foundry Co. v. Village of Calloway, 148 Minn, 273, 181 N.W. 584 (1921); Williams v. Nat'l Contracting Co„ 160 Minn, 293, 199 N.W. 919 (1924). Minn. Slat, * 471.354, sulxi. 14. Minn, Sim. §171.345, subd„ 3, Minn. Slat, 471,345, sulx.1, 4, Minn. St:11. § 471.343. subd, 5. Minn. Stat. § 429.041, suhd, 1. Griswold v, Ramsey County, 242 Minn. 529, 65 N.W.2d 647 (1954). 24-24 CHAPTER 24 If a council fails to advertise for bids when the law requires competitive bidding, the contract is generally void. But court decisions have held that a city must pay for any benefits it has already received in order to avoid injustice to the party who performed work and to prevent unjust enrichment of the city by its own failure to advertise for bids. Councilmembers probably would not be personally liable to a contractor if they acted in good faith. Unsuccessful bidders may sue to recover the costs of preparing their bids if the competitive-bidding process is not followed properly. A. General requirements Cities must use the competitive-bidding process for certain contracts estimated to exceed $50,000. For contracts less than this amount, the city council has a choice in what procedure to use. The choices vary depending upon the expected cost of the contract. If the contract cost is expected to exceed $10,000 but not to exceed $50,000, the city can choose the competitive-bidding process or make the contract by direct negotiation. If direct negotiation is used, the city must get at least two quotations and keep them on file for at least one year. Tithe contract is expected to be $10,000 or less, the council has discretion to make the contract by obtaining quotes or it may simply buy or sell the item on the open market. If the council chooses to obtain quotes, it must obtain at least two quotes and keep them on file for at least one year. B. Local improvements Cities must use the competitive-bidding process for contracts estimated to exceed $50,000. The process for bidding is somewhat different than for other contracts, and the law should be reviewed before the bidding process begins. For contracts under these amounts, the city may do the work by using day labor. C. Bidding procedures Once the engineer or purchasing agent has prepared the necessary specifications, the council should seek competitive bids if the law requires them or the council believes they are desirable. If the council seeks bids, the city most likely must follow all competitive-bidding requirements regardless of whether the law required bids on the contract. This chapter last revised 12/15/2004 HANDBOOK FOR MINNESOTA CITIES Minn. Stat. § 471,35. Minn, Stat. § 471,36. Diamond v. City of Mankato, 89 Minn. 48, 93 N,W, 911 (1903); Davies v. City of Aiadelia, 205 Minn. 526, 287 N.W. 1 (1939); Hendricks v. City of Minneapolis, 207 Minn. 151, 290 N.W. 428 (1940). Westra (: v. City of AltettetonAa, N. A113 -9 (Minn, Cr. App. 30, 2003) (unpublished decision), Duff v, Village of Princeton, 240 Minn, 9, 60 N.W,2d 27 (1953); Otter Tail Power Ca, v. MacKichan, 270 Minn, 262, 133 N.W.2d 51 I (1965). Minn. Stat. § 429.041, subd. I. HANDBOOK FOR MENINESOTA CITIES CHAPTER 24 1. Specifications When a city calls for bids for the purchase of supplies or equipment that are competitive in nature, it cannot prepare specifications to exclude all but one type of supply or equipment. The proposals and specifications must allow free and full competition. They may not give a prospective bidder an unfair advantage. However, a city can include a reasonable specification, even if its inclusion results in fewer bidders being able to bid. For example, the Minnesota Court of Appeals has approved a city's use of specifications that included evaluation criteria. The city used the criteria to evaluate bidders based on their experience and their history of completing projects on time, within budget, and in a satisfactory manner. The city used the evaluation criteria to determine which bidders had sufficient points to be considered eligible for the contract award. Specifications must be sufficiently definite and precise to afford a basis for comparable bids. If the city cannot determine in advance the number of units it will need, it can ask for bids on a unit basis. The city should, however, estimate the number of units since the number may affect the unit price. 2. Advertising for bids The statutory requirements are as follows: • Except as noted in the following points, statutory cities must publish all requests for competitive bids in the city's official newspaper at least 10 „ days before the last day for submission of bids. There may also be additional requirements when dealing with local-improvement projects, A charter may provide other publishing requirements for contracts that are not local improvements being made under Chapter 429, • If special assessments will finance a local-improvement project estimated to cost more than $50,000, competitive bidding is required under the local-improvement code. If the estimated cost is less than $100,000, the publication of the request may be for any length of time the council feels is desirable, (Statutory cities must still meet the 10-day advertising requirement outlined in the previous paragraph) This chapter last revised 12/15/2004 24-25 k 3 31..^, )03, CHAPTER 24 • If the estimated cost of a local-improvement project financed by special,. assessments under the local-improvement code exceeds $100,000, publication must appear in the city's official newspaper and at least once in a newspaper or trade paper published in a city of the first class not later than three weeks before the last date for submission of bids. The advertisement must contain a statement of when the bids will be opened, which cannot be less than three weeks after its first publication. Under certain circumstances, cities are authorized to use two alternative means of disseminating bid advertisements, either in addition to, or as an alternative to, the statutory requirements for newspaper publication. The two alternative means of dissemination are on a city's web site or in a recognized trade journal. There are three conditions that must be met before a city is authorized to use these alternative means of dissemination. First, the alternative dissemination must be in substantially the same format and for the same period of time as would be required for newspaper publication. Second, the city must simultaneously publish, either as part of its regular meeting minutes or in a separate notice, a description of all the solicitations being disseminated through alternative means. Third, for the first six months after a city designates an alternative means of dissemination, it must continue to publish bid advertisements in the official newspaper in addition to the alternative method. The newspaper publication must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies any publication requirements. These procedures are minimum, not maximum, requirements. As the number of people or firms receiving notification increases, so will the chance of receiving more favorable contract terms. Consequently, the council should go beyond these minimum legal requirements when soliciting bids. In particular, the council should advertise in magazines, newspapers, and trade journals that have readers who could supply the needed article or construction work. For example, the Construction Bulletin is an appropriate journal for publishing a notification of bids for any contemplated city construction project. In addition, the city may personally contact merchants or contractors who might be interested in submitting a bid. The published notice should contain at least the following information: • Description of the project or purchase. • Availability of specifications in the office of the city clerk. 24-26 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004 SY,V, 47.1,:145, ut.thd Eiccrmc Uniii ec In,:„ v, Village ()Phan:milk", 269 M 062 1 679 (I 97 1; §42q,O41„ , CHAPTER 24 • Last day for submission of bids and the place where they are due. • Time and place for opening bids. • Statement reserving the right of the city to reject all bids. Cities may authorize bidders to submit their bids electronically. If cities choose to authorize electronic submission of bids, the bid advertisement should also specify the form and manner required for electronic submission. 3. Opening and tabulation of bids The city clerk should keep all bids unopened until after the last date for their submission. When advertising for bids on local-improvement projects financed with special assessments, the city rnay specify in the public notice that two or more designated officers or agents of the city will open bids publicly and tabulate them in advance of the meeting when they will be considered by the council. 4. Investigation After opening all bids, the council should investigate their compliance with the specifications, their reasonableness, and the responsibility of the bidders. The council should have information to help evaluate each bid. The city engineer, purchasing agent or another designated person may perform this investigation. 5. Disposition of the bids After the investigation, the council may either accept one of the bids or reject all of them. In the latter case, the council may either issue a call for new bids or, if the project is an improvement project, decide to undertake it using day labor. If the council awards a contract, it must go to the lowest responsible bidder. In the case of projects that will be paid for with special assessments, a city may delay accepting a bid until after the assessment hearing in order to make sure sufficient funds are available to pay for the project. The council must let the contract or order the work done no later than one year after the adoption of the resolution ordering the improvement. HANDBOOK FOR NfiNNESOTA CMES 24-27 'This chapter last revised 12/15/2004 Minn. Stat. § 42,9.041, ubd. 2. Electronics Unlimited, Inc. v. Village of Burnsville, 289 Minn. 118, 182 N.W.2d 679 (1971). Tunny v. City of Ilastings, 121 Minn, 212, 141 NW. I(,8(1913); Nielsen v. City ofSt, Paul, 252 Minn, 12, 88 N,W.2d 853 (1958); See also Nimis 1 St. Paul Turners, 521 N.W.2d 54 (Minn. CL App, 1994). Kelling v, Edwards, 116 Minn. 484, 134 N.W. 221 (1912); Electronics Unlimited, Inc. v. Village ((Burnsville, 289 Minn. 118, 182 N.W.2d 679(1971); Otter Tail Power Co. v, Village of Elbow Lake, 234 Minn, 419, 49 N.W.2d 197 (1951). Otter Tail Power Co v. Village of IVireaton, 235 Minn. 123, 49 N.W.2d 804 (1951). 24-28 CHAPTER 24 6. Rejecting bids The local-improvement code gives the city the right to reject any and all bids. Because of the statute, this right exists even if the city doesn't include such a statement in the advertisement for a local improvement. The same is true of any city with a similar charter provision applying to other contracts. In any other case, the city should reserve the right to reject any or all bids or to waive informalities or irregularities. It is possible if the local- improvement code is not involved, and the city has not reserved the right to reject any and all bids, that a court action could compel the city to take the low bidder, The council probably has authority to waive irregularities in bids when they do not result in a substantial departure from specifications or favor the bidder guilty of the irregularities. 7. Lowest responsible bidder Statutory city contracts and contracts of all cities for improvements under • the local-improvement code must go to the lowest responsible bidder. Most home rule charters contain similar requirements that govern contracts not under the local-improvement code, but some use varying terms, such as "lowest bidder" or "lowest and best bidder." The bidder who submits the lowest bid in dollars is not necessarily the "lowest responsible bidder" and the quoted phrase gives the council reasonable discretion in choosing among bidders. Courts have interpreted the responsibility of bidders to mean financial responsibility, but also integrity, skill, and the likelihood of performing faithful and satisfactory work. Promptness, for example, is an element of responsibility. When bids on equipment items are not capable of precise specifications, the council may exercise reasonable discretion in determining the lowest bidder, And in so doing, the council can consider the quality, suitability, and adaptability of the article the city is seeking. Value does not always depend on price alone. The council may also consider the quality, suitability, and adaptability of the articles. Where plans and specifications demand consideration of several factors and no single bid is lowest in all these factors, the council may decide what weight to give to the various factors and, considering all of them, accept what it deems to be the lowest responsible bid. This chapter last revised 12/15/2004 ANDBOOK FOR MINNF,SOTA CITIES Diamond v. City of Mankato, 89 Minn. 48, 93 N.W. 91 (1903); Telephone .4ssocs., Inc. v. St. Louis County Bd., 350 N.W.2d 398 (Minn. Cl. App. 1984), afrd, 364 N.W.2d 378 (Minn. 1985); Carl Ho/ander & Sons Co. v. City of Afrnneapolis, 451 N.W.2d 204 (Minn, 1990), Duinint v, State, No. C3-97-972 (Minn. (1 App. Nov, 25, 1997) (unpublished opinion). Lovering Inc. V. Ciro of Prwr Lake, 558 N.W.2d - 199 (Minn, ('t. App. 1997). Sutton v. City of St. Paul, 234 Minn. 263, 48 N.W.2d 436 (1951). Krohnberg v. Pass, 187 Minn, 73, 244 N.W. 329 (1932); Schwandt Sanitation v. City of Paynes-ville, 423 N.W.2d 59 (Minn. Ct. App. 1988); A.G. Op. 707a-7 (July 22, 1985); A.G. Op. 707-A (Feb, 8, 1990), A.G. Op. 707a-15 (Sept. 14, 1987). Minn. Stat. § -171.6161. I tANDBOOK FOR MINNESOTA CITIES CHAPTER 24 8. Variances in bids Principles of competitive bidding require the successful bid to conform to the specifications. If the final contract contains provisions that are beneficial to the successful bidder and that were not in the specifications, the contract may be voidable. Similarly, an award of a contract may be invalid if the selected bid varies materially from the specifications. A material variance is one that gives a bidder a substantial advantage or benefit that other bidders do not enjoy. For example, a court has ruled that when a contract called for a company to install equipment according to its own specifications instead of those of the city, there was a material variance. A mistake in a price term cannot be waived. And an ambiguous contract-bid price cannot be waived as an irregularity. Once a bid has been opened, a city has no authority to make any "material" change or modifications to the bid, even if the city's bid instructions allow it to waive irregularities. If a problem or confusion arises, all bids can be rejected and a new request for bids can be made. Whether a variance gives a bidder substantial advantage or benefit, is not the sole test for determining if such variance is material. Unless the bid responds to the specifications in all material respects, it is not a bid but a new proposition the city should reject. D. When bidding is unnecessary In the absence of a statutory or charter requirement, it is not necessary for a city to advertise for bids. Cities may choose to advertise for bids, however, even if the law does not require them to do so. It is not necessary for cities to advertise bids for: Professional services, such as those of doctors, engineers, lawyers, architects, accountants, and other services requiring technical, scientific or professional training like hauling refuse. • The purchase or lease of real estate. • Insurance contracts in general. (Although cities must seek requests for proposals for group insurance for 25-or-more employees.) This chapter last revised 12/15/2004 24-29 131, n. Saal. 1„ 471,3 rescalrch reno 020400010,00tifo° 0000 Ifidthng Ro.,00•00r000.0.0000ents m (00000 (0 301)130., Minn. Stat S 326.03, AubtL 1, W. V. Nelson Cons;, Co, v. City of Lindstrom, 565 N.W.2d 434 (Minn. Ct. App, 1997). Minn. Sin. 326.03, stihti, 2. Minn. R. 1800,5200. CHAPTER 24 Cities may use an electronic reverse-auction procedure to contract for the purchase of supplies, materials and equipment regardless of their cost. This procedure allows vendors to compete to provide the requested supplies, materials or equipment at the lowest selling price in an open and interactive electronic environment. Cities are prohibited from using a reverse-auction procedure to contract for professional or technical services. There are a number of other contracts that may be exempt from competitive-bidding requirements. These are discussed in the League's research memo on competitive bidding. VII. Purchasing consultant services Often a city may consider hiring a consultant like an attorney, architect, engineer, accountant, or other person with technical, scientific, or professional training. In certain cases, a city must hire a state-licensed professional. Professional services are generally not required to be competitively bid, but a city can choose to use competitive bidding. More commonly cities will use a request for proposals (RFP) to find a consultant. , With an RFP, the city advertises a request for services and the interested professionals submit proposals describing what they will do and what it will cost A. Engineers and architects For most construction projects (buildings, streets, remodeling), the city must retain a licensed architect or engineer. There are only a few limited exceptions to this requirement. Failure to use a qualified person may create liability for the city. Design and construction contracts, where design services and building- construction services are included in the same contract, are subject to competitive-bidding laws. A registered architect, engineer, or land surveyor must generally prepare plans, specifications, reports, plats, or other engineering or architectural documents for most public-works projects. 24 HANDBOOK FOR MINNESOTA C1TtES This chapter last revised 12/15/2004 471.345, 2009 Minnesota Statutes Page 1 of 6 2009 Minnesota Statutes 471.345 UNIFORM. MUNICIPAL CONTRACTING LAW. Subdivision 1. Municipality defined. For purposes of this section, "municipality" means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. Subd. 2. Contract defined. A "contract" means an agreement entered into by a municipality for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Subd. 3. Contracts over $100,000. If the amount of the contract is estimated to exceed $100,000, sealed bids shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the particular municipality or class thereof. With regard to repairs and maintenance of ditches, the provisions of section 103E.705, subdivisions 5, 6, and 7, apply. Subd. 3a. Contracts over $100,000; best value alternative. As an alternative to the procurement method described in subdivision 3, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 4. Contracts exceeding $25,000 but not $100,000. If the amount of the contract is estimated to exceed $25,000 but not to exceed $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Subd. 4a. Contracts exceeding $25,000 but not 5100,000; best value alternative. As an alternative to the procurement method described in subdivision 4, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 5. Contracts $25,000 or less. If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). Subd. 5a. County or town rental contracts. If the amount of a county or town contract for the rental of equipment is estimated to be $60,000 or less, the contract may, in the discretion of the county or town board, be made by direct negotiation by obtaining two or more quotations for the rental when possible and without advertising for bids or https://www.revisor.mn.gov/statutes/?id=471.345 11/10/2009 471.345, 2009 Minnesota Statutes Page 2 of 6 otherwise complying with the requirements of competitive bidding. All quotations shall be kept on file for a period of at least one year after their receipt. Subd. 5b. Water tank service contracts. A municipality may, by direct negotiation or through the solicitation of requests for proposals, enter into a multiyear professional service contract for the engineering, repair, and maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by the municipality, if the contract contains: (1) a provision that the municipality is not required to make total payments in a single year that exceed the water utility charges received by the municipality for that year; (2) a provision requiring that the work performed be done under the review of a professional engineer licensed in the state of Minnesota attesting that the work will be performed in compliance with a!1 applicable codes and engineering standards; and (3) a provision that if, at the commencement of the contract, the water tank or appurtenant facilities require engineering, repair, or service in order to bring the water tank or facilities into compliance with federal, state, or local requirements, the party contracting with the municipality is responsible for providing the engineering, repair, or service. The costs to bring the water tank or facilities into compliance must be itemized separately and charged to the municipality in payments spread over a period of not less than three years from the commencement of the contract. Subd. 6. Applicability of other laws. The purpose of this section is to establish for all municipalities, uniform dollar limitations upon contracts which shall or may be entered into on the basis of competitive bids, quotations or purchase or sale in the open market. To the extent inconsistent with this purpose, all laws governing contracts by a particular municipality or class thereof are superseded. In all other respects such laws shall continue applicable. Subd. 7. Minimum labor standards. Nothing in this section shall be construed to prohibit any municipality from adopting rules, regulations, or ordinances which establish the prevailing wage rate as defined in section 177.42, as a minimum standard for wages and which establish the hours and working conditions prevailing for the largest number of workers engaged in the same class of labor within the area as a minimum standard for a contractor's employees which must be agreed to by any contractor before the contractor may be awarded any contract for the furnishing of any labor, material, supplies, or service. Subd. 8. Procurement from economically disadvantaged persons. For purposes of this subdivision, the following terms shall have the meanings herein ascribed to them: (a) "Small targeted group business" means businesses designated under section 16C.16. (b) "Business entity" means an entity organized for profit, including an individual, partnership, corporation, joint venture, association, or cooperative. https://wwvv.revisor.inn.gov/statutes/?id=471.345 11/10/2009 471.345, 2009 Minnesota Statutes Page 3 of 6 Nothing in this section shall be construed to prohibit any municipality from adopting a resolution, rule, regulation, or ordinance which on an annual basis designates and sets aside for awarding to small targeted group businesses a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set-aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they were purchased on the open market and not under the set-aside program. Subd. 9.[Repealed, 1990 c 549 s 3] Subd. 10. Shared hospital or ambulance service purchasing. Supplies, materials, or equipment to be used in the operation of a hospital licensed under sections 144.50 to 144.56 or an ambulance service licensed under chapter 144E that are purchased or leased under a shared service purchasing arrangement whereby more than one hospital or ambulance service purchases supplies, materials, or equipment with one or more other hospitals or ambulance services either through one of the hospitals or ambulance services or through another entity, may be purchased without regard to the competitive bidding requirements of this section, if the following conditions are met: (1) the hospital's or ambulance service's governing authority authorizes the arrangement; (2) the shared services purchasing program purchases items available from more than one source on the basis of competitive bids or competitive quotations of prices; and (3) the arrangement authorizes the hospital's or ambulance service's governing authority or its representatives to review the purchasing procedures to determine compliance with these requirements. The shared services purchasing program may award contracts to more than one bidder if doing so does not decrease the service level or diminish the effects of competition. Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the amount of the contract, any contract entered into by a municipality for the purchase of • fuel required for the generation of power from municipal power plants shall be governed by subdivision 4. Subd. 12. Procurement from rehabilitation facilities. Nothing in this section prohibits a municipality from adopting a resolution, rule, regulation, or ordinance that on an annual basis designates and sets aside for awarding to rehabilitation facilities as described in section 268A.06 a percentage of the value of its anticipated total procurement of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement contract under a set-aside program as allowed in this subdivision, provided that any award based on a negotiated price shall not exceed by more than five percent the municipality's https://www.revisor,mn.gov/statutes/?id=471.345 11/10/2009 471.345, 2009 Minnesota Statutes Page 4 of 6 estimated price for the goods and services if they were purchased on the open, market and not under the set-aside program. Subd. 13. Energy efficiency projects. The following definitions apply to this subdivision. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1) insulation of the building structure and systems within the building; (2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (3) automatic energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) energy conservation measures that provide long-term operating cost reductions. (b) "Guaranteed energy-savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and for one or more energy conservation measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 20 years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems. (c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the municipality for its faithful performance. Notwithstanding any law to the contrary, a municipality may enter into a guaranteed energy-savings contract with a qualified provider to significantly reduce energy or operating costs. Before entering into a contract under this subdivision, the municipality shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. haps ://wwvv. revisor.mn.govistatutes/?id=471.345 11/10/2009 471.345, 2009 Minnesota Statutes Page 5 of 6 Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report, summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced. A guaranteed energy-savings contract that includes a written guarantee that savings will meet or exceed the cost of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law or city charter. The contract is not subject to section 123B.52. A municipality may enter into a guaranteed energy-savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 20 years from the date of final installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy-savings contract may provide for payments over a period of time, not to exceed 20 years. A municipality may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract must provide for payments of not less than 1/20 of the price to be paid within two years from the date of the first operation, and the remaining costs to be paid monthly, not to exceed a 20-year term from the date of final acceptance. A municipality entering into a guaranteed energy-savings contract shall provide a copy of the contract and the report from the qualified provider to the commissioner of commerce within 30 days of the effective date of the contract. Guaranteed energy-savings contracts may extend beyond the fiscal year in which they become effective. The municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under guaranteed energy-savings contracts during the year. Failure of a municipality to make such an appropriation does not affect the validity of the guaranteed energy-savings contract or the rramicipality's obligations under the contracts. Subd. 14. Damage awards. In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid. Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C,11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and quality of supplies, materials, or equipment available through the state's cooperative https://www.revisor.mn.gov/statutesnid=471.345 11/1D/2009 471.345, 2009 Minnesota Statutes Page 6 of 6 purchasing venture before purchasing through another source. (b) If a municipality does not utilize the state's cooperative purchasing venture, a municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Subd. 16. Reverse auction. Notwithstanding any other procedural requirements of this section, a municipality may contract to purchase supplies, materials, and equipment using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive environment. A municipality may not use this process to contract for services, as defined by section 16C.02, subdivision 17, or a service contract, as defined by section 16C.02, subdivision 16. Nothing in this subdivision must be construed to prohibit a municipality from adopting a resolution, rule, regulation, or ordinance relating to minimum labor standards under subdivision 7, or procurement from economically disadvantaged persons under subdivision 8. Subd. 17. Electronic sale of surplus supplies, materials, and equipment. Notwithstanding any other procedural requirements of this section, a municipality may contract to sell supplies, materials, and equipment which is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the surplus supplies, materials, or equipment at the highest purchase price in an * open and interactive environment. Subd. 18. Electronic bidding. Notwithstanding any other procedural requirements of this section, vendors may submit bids, quotations, and proposals electronically in a form and manner required by the municipality. A municipality may allow bid, performance, or payment bonds, or other security, to be fumished electronically. Subd. 19. Town road construction and maintenance. Notwithstanding any other procedural requirements of this section, a town may contract for the construction or maintenance of a town road by agreeing to the terms of an existing contract between a vendor and a county for road construction or maintenance on an adjoining road if the existing county contract was made in conformance with all applicable procedural requirements. History: 1969 c 934 s 1; 1973 c 123 art 5 s 7; 1973 c 226 s 1,2; 1974 c 510 s 1; 1977 c 182 s 1-3; 1980 c 462 s 4; 1983 c 42 s 1-3; 1983 c 301 s 211; 1984 c 413 s 1; 1985 c 172 s 129; 1Sp1985 c 13 s 347; 1986 c 350 s 1,2; 1986 c 444; 1988 c 409 s 1; 1988 c 689 art 2 s 268; 1989 c 9 s 3; 1989 c 352 s 19,25; 1990 c 391 art 8 s 51; 1990 c 541 s 26,29; 1990 c 549 s 1; 1992 c 380 s 4-6; 1998 c 386 art 2 s 93; 1998 c 397 art 11 s 3; 1999 c 13 s 1; 2000 c 328 s 2-4; 2002 c 358 s 1; 1Sp2003 c 10 s 1; 2004 c 278 s 10- 14; 2005 c 63 s 1; 2006 c 274 s 2; 2007 c 136 art 3 s 4; 2007 c 148 art 3 s 31-33; 2008 c 207 s 4-8; 2008 c 356 s 11; 2009 c 101 art 2 s 92 haps ://www, revisor.mn. gov/statutes/?id=471.345 11/10/2009 MEMORANDUM To: Mayor and City Council ct:5 From: Shawn Sanders, D irector of Public Works Date: January 14, 2010 RE: 62' Street North Transfer Agreement DISCUSSION Attached is an agreement prepared by Washington County that would transfer the jurisdiction of certain streets in Stillwater as well as Oak Park Heights. For Stillwater, the transfer would be for 62 Street North from, Osgood Ave North to Panama Ave North. (See attached map). A jurisdictional transfer of this street would pass on all maintenance responsibilities to Washington County including, road and storm sewer repairs, street sweeping, snow and ice removal. In addition to maintenance responsibilities, the County has indicated that the entire street would be entirely reconstructed after the completion of the Government Center Expansion Project. The City of Oak Park Heights has previously approved the agreement. RECOMMENDATION Staff recommends that Council approve the Agreement between, the City of Stillwater, the City of Oak Park Heights and the County of Washington on the Jurisdictional Transfer of Certain Roads within the City of Stillwater and the City of Oak Park Heights ACTION REQUIRED If Council concurs with the recommendation they should pass RESOLUTION No. APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS AND THE COUNTY OF WASHINGTON ON THE JURISDICTIONAL TRANSFER OF CERTAIN ROADS WITHIN THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS AND THE COUNTY OF WASHINGTON ON THE JURISDICTIONAL TRANSFER OF CERTAIN ROADS WITHIN THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS WHEREAS, an agreement describing the conditions regarding the transfer of jurisdiction of certain roads to Washington County has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council is hereby approved. Adopted by the City Council this 19 day of 2010. Attest: Diane F. Ward, City Clerk Ken Harycki, Mayor AGREEMENT BETWEEN THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS AND THE COUNTY OF WASHINGTON ON THE JURISDICTIONAL TRANSFER OF CERTAIN ROADS WITHIN THE CITY OF STILLWATER. AND THE CITY OF OAK PARK HEIGHTS THIS AGREEMENT is entered into by and among the City of Stillwater ("Stillwater"), the City of Oak Park Heights ("OPH") and the County of Washington ("County"), and dated as follows: PURPOSE The purpose of the Agreement is to transfer the jurisdiction of a portion of Oxboro Avenue North and 62' Street North as defined below in Section 2 to Washington County under the terms and conditions herein stated, 2. DEFINITIONS A. OPH Roads as depicted on Exhibit A being a portion of Oxboro Ave North and 62" Street North shall be defined as all that part of the south one-half of 62" Street North lying east of Osgood Avenue North and west of an extension of the east right-of-way line of Oxboro Avenue North; and all that part of Oxboro Avenue North lying north of Minnesota Trunk Highway 36 and south of 62" Street North; and, all that part of 62' Street North lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right-of-way line of Panama Avenue North; B. Stillwater Roads as depicted on Exhibit A shall be defined as all that part of the north one-half of 62" Street North lying east of Osgood Avenue North and west of an extension of the east right-of-way line of Oxboro Avenue North; and, all that part of 62" Street North lying east of an extension of the east right-of-way line of Oxboro Avenue North and west of an extension of the east right-of-way line of Panama Avenue North; except that part of said 62" Street North within the City of Oak Park Heights lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right-of-way line of Panama Avenue North. ISDICTIONAL TRANSFER The parties agree to the following conditions regarding the transfer ofjurisdiction of the OPI-I Roads and Stillwater Roads to Washington County: Jurisdictional Transf Agreement, OPFI, Stillwater & VVash CO Page 1 of 6 The County shall proceed pursuant to MINN. STAT. § 163.11, subd 3 to accept said jurisdiction over the defined OPI-I Roads and Stillwater Roads and the Cities of OPH and Stillwater shall convey their interests therein to the County. The cities shall retain any existing subsurface easements now in place for water, sanitary or storm sewer. 2. As consideration to the County for this Agreement, OPH and Stillwater shall transfer to the County all public road rights of way and road easements it currently holds for thc affected roadways as depicted on Exhibit A attached hereto. OPH and Stillwater hereby warrants to the County that it does have control and ownership rights to all affected rights-of-way and that the Roads as constructed thereon are located within said right-of-way. After transfer of jurisdiction is 'accomplished, the County shall own and be solely responsible for the maintenance of all storm water systems located within the Road right of way as depicted on Exhibit B. The County may not alter, limit or impede public storm water fiows or areas served by the storm water pipes as are now being conveyed through these storm water systems nor shall it alter or limit the downstream outfalls, Any future storm sewer upgrades and restoration projects and are to he paid for by contributing flows. 4. After transfer of jurisdiction is accomplished, OPI-I and Stillwater shall continue to own and be solely responsible for the maintenance ()f all water main systems and sanitary sewer systems as depicted on Exhibit B, 5, The County shall grant OPH a utility easement of at least 40 feet in width, being 20 feet or more on either side of the centerline of the located water and sewer utilities for the repair, replacement or restoration of those utilities within the Roads as depicted and described in Exhibit C. This easement will be recorded upon completion of the jurisdictional transfer. Should there be discrepancies in the legal descriptions of the easements Washington County shall correct any such discrepancies in a reasonable timeline. 6, The County, OPH, and Stillwater agree to provide notice on non-emergency road or utility work to allow coordination of improvements, The County Engineer or respective City Engineer will be recipient of any notices. 7. The County will not improve Oak Park Height roads as defined in Section 2.A. and depicted on Exhibit A until after the County conducts neighborhood public meetings with adjacent property owners. The meetings shall display road layouts and proposed improvements to the roads. The meeting shall be held at least 120 days in advance of any construction, The County shall include a written notice of such meetings to OPH. By December 31, 2010, OPH and Stillwater shall transfer to the County all existing construction and maintenance records of the Roads depicted an attached Exhibit A. Jurisdictional Trans( Agreement. ()PH Stillwater 8. Wash CO. Page 2 of 6 9. Upon execution of this agreement and recording of easement areas, OPH shall release of the County Letter of Credit #SLCMMSPO4743. 10. The parties agree that paragraphs 2, 5, 8, and 9 of this Agreement are conditions precedent to the formation of the contract, IN WITNESS WHEROF, the parties have executed this agreement as of the date first hereinabove written and is agreed to be effective as of March 1, 2010, C1T HE By ifMayor, : By Dated APPROVED AS TO H. By County Attorney , City Administrator City Attorney Oak Park F1&Fghts COUNTY OF WASHINGTON By BiB Pulkrabek, Chair, County Board Jaines R. Sclittg, Administrator CITY OF STILLWATER By__ en Harycki„ Mayor By Larry D. Dated: 1-111—/b Approved as to Form City Attorney Stillwater n, City Administrator Jurisdictional Transf. Agreement. OPI-I, Stillwater & Was CO z 0 317N3AF0e10EIXO , 11 Exhibit A - To Jurisdictional Transf. Agreement: OPH, Stillwater & Wash, CO. N I NJW Sleard Jurisdictional Transf Agreement OPH. Stillwater & Wash CO 'N 311N3AV 0000S0 Page 4 of 6 — r -- - o 0) a) a) Exhibit B - To Jurisdictional Transf. Agreement: OPH, Stillwater & Wash, CO. 1. E 0 0) L enuenv odocixo 4 $..s.s".".."1" ***** LnioN antiOAv ,000630 ,W...uruschcllunnal Trar1511 AyreenlE. Ivy a isthl, „:.(1) E tir 8 LU ExhibitC - TO Jurisdictional Transf. Agreement: (lPH, Stillwater & Wash. CO. UTILITY EASEMENT FOR CITY OF OAK PARK HEIGHTS Exhibit C A perpetual utility casement over, under and across the county rights-of-way ofOzhnro Avenue North and " Street North, for sanitary sewer and watermain, described as follows: A strip of land approximately 40 feet wide; Lying westerly of a line that is l5 feet easterly of theimduce watermain, said line is described as commencing at the southeast corner of Section 33, T3ON, R20Vy, Washington County, Minnesota; thence N09"57`40"W( bearings are based on the Washington County Coordinate System NADU, 1986 adjustment, along the south line of the southeast quarter of said Section 33 distance of626.6dfeet; thence N0| feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36 and the point of beginning of the line to be described; th0000N0l"O7'l0"\V 8.07 feet; thence 48.�4��oi'ih000*l�O0" ` 161.45 �d49"� |b1 � , ' . feet; thence ND0°24`51"W 772.81 feet; thence Y4OO"0O`00'E 20.56 feet to a point hereinafter referred to as "Point A", thence continuing yJ00"00`00`6 39.97 feet to the northerly line of 62 Street North and said line there terminating. And lying easterly of a line tha is 15 feet westerly of the in-place sanitary sewer, said line is described as commencing at said soiitheast st corner of Section 33; [honooNB9"57`48'W bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the south line of the southeast quu/'tx, of said Section 33, a distance of 669.38 feet; thence NOO"24`06'`YY 300.43 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36 and the point of beginning of the line to be described; thence NUO°24`06''T9 223.63 feet; thence }40O"12`49"W 394.02 feet; thence NOO"09`42''W 128.21 feet; thence yJ0U"15`18"\V 305.42 feet to the northerly line o[02` ou Street North and said line there terminating. /\|o\ a strip of land 30 feet wide, being 15 feet on either side of the in-place wmtennuin the centerline of which is described as follows: Beginning at the hereinbefore described "Point A"; thence389*5l'|0"E 327.45 feet; thence N89°41`42"E27929 feet to the intersection with the southerly extension of the westerly line of Panama Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the southerly extension u[ the westerly line of Panarna Avenue North and the above described easterly line. � Abo,upudi000f the ,ioh�o�vvxvn[62= Street North described as follows: Beginning at the intersection o[ the northerly line of said 62' Street North and the westerly line of Panama Avenue North; thence southerly along an extension of said westerly line to its intersection with the southerly line of said 62" Street North; thence easterly along said southerly line to its intersection with the southerly extension of the easterly line of said Panama Avenue North; thence northerly along said extension to said northerly line of 62 Street North; thence westerly along said northerly line to the point of beginning. Jurisdictional Transf, Agreement OPH, Stillwater & Wash GO, Page 6 of 6 Date January 19 January 19 January 20 January 20 January 20 January 20 January 21 January 21 Washington County 9:00 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. Election of Chair and Vice Chair for the Regional Railroad Authority for 2010 D. October 20, 2009 RRA Minutes E. Memorandum of Understanding— Transit Center in Newport F. Adjourn 2, 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington Courtiovernment, whether or not the issue is listed on this agenda. Persons who wish to address the Board musfill out a comment card before the meeting begins and givrit to the County Board secretary or the Counry Administrator. The Courtly Board Chair 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 Board Chair reserves aright to limit an individual's presentation if it becomes redundant, repetitive, overly urgumentative, or if it is not relevant to an issue that is preWashinglenCounty's responsibilities. The chair may also Limit the number of individual presentations to accommodate the scheduled agenda items, 3. 9:25 Consent Calendar— Roll Call Vote 4. Metropolitan Mosquito Control— Jim Stark, Executive Director Metropolitan Mosquito Control Program and Overview of 2010 Budget 5. 9:50 Public Works — Ted Schoenecker, Transportation Planning Manager A. Creation of Fund 780, Financial Management of the 194 Corridor Commission B. Memorandum of Understanding— Transit Center in Newport 6. 10:10 General Administration— Jim Schug, County Administrator A. Legislation to Eliminate Vital Records Fees for Actie Duty and Military Reserves; and, State Funding for Extension Services 13. 2010 Washington County Legislative Positions 7. 10:25 Commissioner Reports— Comments — Questions Thisperiodof time shall be used by the Commissionersto report to thefull Board on committee activities, make comments on matters of interest and informaiiomor raise questions to the staff, This action is not intended to result in substantive board action durirliOs time. Any actionnecessary because of discussion Witte scheduled for a future board meeting, 8. Board Correspondence 9. 10:40 Adjourn 10. 10:45 to 11:05 — Regional Railroad Authority Workshop with Public Works Update on the Counties Transit ImprovementBoard January 20 Meeting Agenda * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current inforrnation) Committee Housing & Redevelopment Authority Historic Courthouse Advisory Counties Transit Improvement Board Workforce Investment Board Metro TAB Programming & Advisory Board MICA CAP-Ramsey and Washington Counties Parks and Open Space Commission BOARD AGENDA JANUARY 19, 2010 - 9:00 A.M. Time 3:30 p.m. 5:00 p.m. 8:30 a.m. 8:30 a.m. 12:00 p.m. 4:00 p.m. 6:30 p.m. 7:00 p.m. listening crevices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION E Board of Commissioners Dennis C. Hegberg, Di 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra PeteFson, District 4 Llsa Weik, District 5 Location 1584 Hadley Avenue North — Oakdale 101 West Pine Street Stillwater 90 West Plato Blvd. St. Paul 8301 Valley Creek Road Woodbury 390 Robert Street North St. Paul 480 55 Avenue SE, Territory Golf Club— St. Cloud 450 Syndicate Street North — St. Paul Washington County Government Center PLOYER The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the January 5, 2010 Board meeting minutes. Community Corrections Community Services Human Resources Public Works Sheriffs Office WASHINGTON COUNTY BOARD OF COMIvITSSIONERS CONSENT CALENDAR * JANUARY 19, 2010 B. Approval of Commissioner committee assignments for 2010. C. Approval to renew purchase of service agreements with White Bear Lake Community Counseling Center, Lakes Area Youth Service Bureau, and YSB, Inc. D. Approval of purchase of service agreement with Human Services, Inc. for domestic abuse treatment, the P.L.A.C.E. Program in Stillwater, the Community Options Program, Adolescent Insight, and psychosexual evaluations. E. Approval of Amendment Number Two to Contract Nurnber 4281 with State Operated Services to reduce the number of registered nurses providing services to county clients. F. Approval of Amendment Number One to contract #4564 with Human Services, Inc. to allow for the provision of Rule 25 Chemical Dependency Assessments. G. Approval of the following 2010-2011 contracts to provide home' and community based services to individuals on Medical Assistance "waivers": Working on Life's Fullfillment, Inc., ACR Homes, Inc., Northeast Residence, Inc., New Challenges, Inc., Capstone Services, Inc., and Mains'I Services, Inc. H. Approval to ratify the 2010-2011 contract for AFSCME exempt bargaining unit. 1. Approval of resolution to enter into a contract with the Minnesota Department of Natural Resources (DNR) for appointment as an agent authorized tp sell DNR electronic licenses to the public at Lake Elmo Park Reserve. J. Approval of resolution authorizing the County Engineer to enter into a purchase agreement for wetland banking credits for the County Road 83 overpass project in the City of Forest Lake. K. Approval of supplemental agreement #3 to the CSAH 15 road construction project contract with Tower Asphalt, Inc. L. Approval of agreement with Washington Conservation District for 2010 professional services. M. Approval of resolution, appointing a member and altemates to the 1-94 Corridor Commission, N. Approval of resolution to enter into a 2010 Narcotics Task Force Grant agreement with the Minnesota Department of Public Safety, Office of Justice Prograrns 2010 Narcotics and Gang Task Force Grant in the amount of $85,000. 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.