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HomeMy WebLinkAbout2010-06-15 CC PacketCALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 1\ HIE 1111TNELI CE OF 11111E11T1 AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street June 15, 2010 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA APPROVAL OF MINUTES - Possible approval of the May 14, 2010 Special Meeting minutes and the June 1, 2010 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Human Rights Award Presentation 2. Stillwater Firefighter's Relief Association Presentation OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 1. Police Chief 3. City Clerk 5. City Engineer /PWD 7. Finance Director Traffic Control Use of Police Reserves 2. Fire Chief 4. Community Dev. Director 6. City Attorney 8. City Administrator Trash Questionnaire CONSENT AGENDA (Roll Call) 1. Resolution 2010 -89, directing payment of bills 2. Resolution 2010 -90, accepting work and ordering final payment for Myrtle Street Ravine Project and Curve Crest Pond (Project 2009 -04 and 2009 -03) 3. Acceptance of Board of Water Commissioner's Financial Statement for period ending December 31, 2009 PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. NO PUBLIC HEARINGS UNFINISHED BUSINESS 4. Possible 2nd reading of Ordinance No. 1018, amending the Stillwater City Code Section 31 -1, Subdivision 5, entitled Establishment of Districts (Ordinance — Roll CaII) NEW BUSINESS 5. Fishing from the Bridge 6. McKusick Lake Follow -up 7. Possible appointment to Board of Water Commissioners (Resolution — Roll Call) 8. Possible acceptance of bids and awarding contract for 2010 Seal Coating (Resolution -Roll CaII) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. T H E B I R T H P L A C E O F M N N E S O T A City Council Report TO: Mayor and Councilmembers FROM: Bill Turnblad, Community Development Director DATE: June 15, 2010 RE: Swimming Pool Safety Enclosures INTRODUCTION The City Council held a public hearing on April 6, 2010 to discuss the possibility of requiring safety fencing around all swimming pools. Prior to drafting any ordinance amendment related to safety enclosures, the Council directed staff to organize a discussion group of those who gave testimony at the April 6 hearing. Invitations were extended to everyone who gave testimony and the discussion group met on May 26 and June 9. Participants included: Councilmember Roush; Ann Sundberg - Siess, 170 Interlachen Way Court (resident); Marie and Dennis Lennartson, 2201 Bayberry Avenue (residents); Kevin Balfanz, 313 West Sycamore Street (certified safety professional); and Bill Turnblad. SUMMARY OF DISCUSSIONS The group had a split opinion concerning whether a safety pool cover was sufficient by itself. But the group did reach a consensus on the following: • Out of an abundance of caution, require all new permanent swimming pools to have a vertical safety enclosure around the pool. The vertical safety enclosure could include fencing (at least 48" tall), walls (at least 48" tall), natural barriers such as bluffs, or if approved by the Building Official other enclosures of sufficient density and strength to be impenetrable. • Safety covers as a supplement to the vertical pool enclosure would be optional if the pool owner desired it. • Legal non - conforming swimming pools that were only protected with pool covers should be allowed to continue without the addition of a vertical safety enclosure for a period of time. The period of time suggested was until the home was sold to someone else. City Attorney Magnusson notes that it is not possible to enforce the "change of hands" time period. As an alternate, he suggests that it would be possible to file a notice in chain of title on a property stating that the pool cover is non - compliant and that by a specified date, a safety fence Swimming pool safety enclosures June 15, 2010 Page 2 or other enclosure approved by the Building Official would have to be installed. That date could be 5 or 10 years, for example. REQUEST Staff requests direction from the Council on how to proceed with the potential ordinance amendment. There are several options: bt 1. Direct staff to arrange for a public hearing before the Planning Commission. If the Council wants to change the ordinance to require fencing or other vertical barriers, and grandfather the pool covers (or allow a grace period), then a hearing before the Planning Commission would be an appropriate course of action. 2. Direct staff to arrange for a public hearing before the City Council. If the Council wants to change the ordinance to require fencing or other vertical barriers, but not grandfather pool covers, then a hearing before the City Council would be an appropriate course of action to declare pool covers without fences to be a public nuisance. If the Council prefers this course of action, a public hearing could also be held with the Planning Commission to consider ordinance amendment language. 3. Take no action. If the Council wants to leave the ordinance as it is, and not require fencing or vertical barriers, then no action is necessary. Staff: REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. OTHER BUSINESS Workshop — Brown's Creek Watersh (a IMF 1tuUTM ►I✓IC! Of ■IY ►ABTA MINUTES CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street June 1, 2010 Present: Councilmembers Cook, Gag, Polehn.`Roush nd Mayor Harycki City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Craig Leiser, president of the Creek Watershed District, called the special joint meeting with the Cit ouncil to order. He noted that all Brown's Creek managers were pre e exception of Mr. Johnson. It was noted that David Beaudet wa pr -sent, representing the Middle St. Croix Water Management Organiza ' , .n• ith the Middle St. Croix WMO administrator, Amy Carolan. Summary of 2009 water Prior to the presenta of the data, Karen Kill, Brown's Creek administrator, and Ms. Carolan reviewed t jurisdictions of the two organizations. It was pointed out that the Middle St. Croix is a joint powers agreement with 10 communities from Stillwater to Afton; in Stillwater, it monitors McKusick Lake, Lily Lake and Brick Pond. Brown's Creek Watershed District has jurisdiction over Brown's Creek itself, along with Long Lake and the tributary toward the McKusick Lake diversion structure, Ms. Kill explained. Ms. Carolan reviewed the water monitoring data for Brick Pond, highlighting total phosphorus content and Secchi transparency. Overall, she reported that the water quality grade improved from a C to a B- in 2009. Lily Lake received an overall water quality grade of B +, also an improvement from the year prior. She stated that while at this time no significant trend can be determined for water quality at Lily Lake, monitoring indicates that, in the short -term, total phosphorus content is decreasing; and that Secchi transparency readings also were within the eco region threshold. McKusick Lake does show a statistically significant improving trend for average Secchi transparency as well as average total phosphorus. She said the overall grade for McKusick improved from a C+ to a B between 2008 and 2009. City Council Meeting June 1, 2010 Ms. Kill reviewed the data for Long Lake. She said in 2009, for the first time, monitoring was done in three locations to determine if the data from the deepest, most northern part of the lake is representative of the entire lake. She said there is a statistically significant improving trend for the lake for both average Secchi transparency and total phosphorus; the overall grade for the lake in 2009 was a C +. She noted that readings for the middle and southern most portion of the lake were slightly poorer than the deep portion and that monitoring at three different locations will be continued in 2010. On a question by Mayor Harycki, Mr. Leiser noted that all of the lakes in question are on the edge of being called eutrophic; a lake considered to be near the end of its natural life cycle, shallow and filled with organic debris and with no significant external water supply. He stated wi no external water supply, you are forced to deal with water is coming into t a - rough runoff, which is what the watershed district has been doing, start' : with L g Lake and its feeders, all of the little frontage ponds. By trying to . o A i t from those feeders, the quality of Long Lake is improving alone it the ater that comes out of Long Lake. Mr. Leiser spoke of the city's A R n d concern about water quality that resulted in the construction of the di • n ructure that diverted water from Long Lake from flowing directly into •` ' -ek to flow through McKusick. He stated that there is great concern b•. quality of water coming from Long Lake so it does not negatively ' •`: th- :; `quality of McKusick. He noted that scientifically, Lake McKusick w a is improving; one of the problems, he said, is that as water quality im• ;gives, ht is able to penetrate farther down into a lake, which leads to plant and .' ,ae growth at a greater depth. He said there are some subsidiary sourc +horus from the exit of Long Lake through the Jackson Wildlife Man ement Area through the wetlands that lead up to the diversion structure. Mr. eis co tinued by saying that there are some limited springs in the area o di rsion structure and that the Brown's Creek Watershed District h , ke consultant, Emmons & Olivier, to do a more in depth analysis of th div what is happening and what more can be done to improve water qua Diversion drainage analysis Cecilio Olivier, Emmons & Olivier, reviewed the summary of the diversion drainage analysis. He said the study looked at the sampling data from the three main branches draining into the diversion structure. He reviewed the project approach and data preparation. He said the analysis indicates from downtown stream to upstream the total suspended solids and total phosphorus increase as you get closer to the diversion structure. He said the water quality coming out of Long Lake is pretty good, and he said the quality at the diversion structure is not too bad. He stated that the conclusion is that there is a significant amount of wetland before the diversion structure that acts as a buffer and significant amount of groundwater that dilutes both total suspended solids and total phosphorus. He suggested that to improve the quality of the water coming out of the diversion structure, efforts should be concentrated in the area of developments that took place before rules were in place to determine which discharge points, and which particular developments are producing the increases in suspended solids /total phosphorus. He stated that rather than do a big project Page 2 of 19 City Council Meeting June 1, 2010 at the diversion structure, a more reasonable approach would be to pinpoint the discharge areas that are contributing to the problem. He noted, for example, that while the Long Lake /Jackson area represents about half of the area, it contributes very little to the total loads. On the other hand, the Boutwell area contributes just 6% of the drainage area but 12% of the total loads and the west branch, which is just 1°/0 of the total area, contributes 20% of the total loads. His presentation also reviewed historical data for McKusick Lake, which seem to indicate that the total loads coming from the diversion structure have not had a significant effect on the water quality of McKusick Lake. There was discussion of the possible impact of the recent low rainfall years on the results. He said results show that Lily Lake also has a higher impact on loads versus total drainage area to McKusick. He said the conclusion is the recommendation to do further monitoring of specific areas, a targeted appro Mr. Leiser said the watershed district is m• ang mo oring sites upstream in an effort to identify where the phosphorus n .f ` s are coming from and to identify where it might make sense to p ent facilities of some type or another. Bruce Werre, McKusick Water As flushing at the diversion structure phosphorus and subsequent algae at the diversion structure has th and is responsible for the alga the aesthetic problem on the e condition of the lake, which Mr. Olivier stated that the used to manage snowm Bob Olson asked who McKusick Lake. He has responsibility. air, stated that the snowmelt en addressed and that is where the coming from. He said the snowmelt al suspended solids and phosphorus He also stated that no one is addressing , d expressed his frustration with the arliest ever algae bloom. a tool in place, the weir, at Long Lake that can be m - from that body. nsible for the "sewer- looking" appearance of s there are so many entities involved that no one Mayor Harycki state • those represented at the meeting — the City, Brown's Creek Watershed Distric nd Middle St. Croix WMO share responsibility. Mayor Harycki pointed out that before the past few years; there hadn't been a lot of face -to -face conversations between the three parties such as this joint meeting. Mr. Olson asked about the plan to correct the appearance of the lake — the cost and when it will be done. Mr. Beaudet noted that McKusick Lake is in the Middle St. Croix WMO and is managed by a 10 member board. He stated that according to the joint powers agreement of the WMO, it is the City of Stillwater that will ultimately make a decision /proposal on a management plan of action and it also will be up to the City to fund any proposal based on the joint powers agreement. He stated that the St. Croix WMO will just be looking over the City's shoulder to make sure that St. Croix Watershed rules are followed. He reiterated that the funding will solely be borne by the City of Stillwater as stated in the Joint Powers Agreement. Mr. Beaudet talked about the unintended consequences of cleaning up the sediment in the lake — allowing sunlight to penetrate, which generates the algal blooms. Page 3 of 19 City Council Meeting June 1, 2010 Mayor Harycki said the frustration in deciding on a plan has been the need to pinpoint the source of the problem, referring to the recently presented studies which indicate that 2% of the drainage area is contributing 20 -30% of the phosphorus Toad. Water quality improvement projects Ms. Kill spoke of the many small projects, 151 since 2007, that the Watershed District, the City and WMO have completed, many through grants with participating homeowners, that have resulted in an annual phosphorus reduction of about 230 pounds from the overall system. She said one larger project resulted in the removal of about 30 pounds of phosphorus annually from the Curve Crest holding pond. She said it is estim.ted that a 1 pound reduction in phosphorus can result in the reduction of . r s- •0 pounds of algae so the projects that have been completed represe a signi nt accomplishment. Ms. Carolan stated the Middle St. Croix O =d a grant from the Board of Soil and Water Resources for a story w- -r .udit program, an educational program targeted at residents living al. "' • n ake, Lily Lake, McKusick Lake and Brown's Creek to inform resid s • - - ons they can do on their own properties to help clean up the er ies. She said residents received a mailing offering them the opportuni av folks from the Watershed come out and walk their property with the nd about things they can do to improve water quality. She stated an o• was held for residents around Lily Lake to talk about issues related to st•' wa r runoff; this summer and that the WMO will be doing a sub - waters - : as sment within the Lily Lake and McKusick Lake sub - watersheds to o _ ects the WMO might be able to take on through its best manag erg practices program, to target projects to get the most bang for the buck Mr. Leiser spoke of Ii anges everyone can make to improve water quality and the pe onsibility that everyone bears in correcting the problems. Councilmember Roush ed whether it was correct that lawn fertilizers no longer contain phosphorus. Mr. Leiser said state statute prohibits phosphorus in lawn fertilizer but products containing phosphorus are still available in Wisconsin and can still be purchased in many stores as phosphorus is allowed for agricultural use, as well as in products for establishing new lawns on bare ground. Councilmember Roush suggested that the City should look at regulating the use of phosphorus- containing products and /or enforcing the ordinance already in place that bans the use of such products. Councilmember Roush asked whether it is the City's responsibility to remove the vegetation of concern to residents or if that will ultimately disappear with the removal of the phosphorus. Mr. Leiser said there is a joint project going on now along the eastern side of Long Lake which involves replanting of native species of plants both for erosion control and to trap runoff as it comes in from Croixwood on the east side of the lake. Page 4 of 19 City Council Meeting June 1, 2010 A McKusick Lake resident asked what is going to be done in the short -term to deal with the algae /vegetation growth, saying his property values will be affected and the City will lose tax base and felt there should be more action, like harvesting, and less paperwork. Mayor Harycki spoke of the City's budget problems and the decision to look for a long -term solutions rather than expending money on a Band -Aid approach, such as harvesting of the weeds. There was discussion as to how many years it might take for McKusick Lake to reach a point of equilibrium. Councilmember Roush asked whether harvesting the lake on a regular basis would be of benefit or if the problem would keep coming back. Mr. Olivier responded that it is an illnes symptoms keep coming back. A McKusick Lake resident said the alg harvesting; he also questioned the su "crud" that is on the lake. There was a drainage area are being monitored f Mayor Harycki asked if there is any benefit, other than harvesting an Mr. Leiser said Brown's Cree cooperating landowners with ea that the District will contin that single source where t the water at that point. Margaret Boettcher exp' parkland along the Marine Circle, whe their property do parkland. She provi boundaries, put up signage and restore the park access. Mayor Harycki said City staff would work on this problem. Other opportunities for collaboration Page 5 of 19 illness is not cured, the improved the year following t sunlight can get through the s to whether golf courses in the an be done right now that will be of projects. ed will continue to small projects with such project having a cumulative effect and for in more finite detail to try and discover oming in loaded with phosphorus and treat ncern about landowners encroaching into the Long Lake between Nightingale Boulevard and roperty owners have been clear cutting beyond Lakeshore, as well as blocking public access to the petition asking the City Council to enforce the Mr. Leiser spoke of the presence of buckthorn along Long Lake and said he thought a buckthorn removal project would be a good collaborative effort. Mr. Leiser noted that Brown's Creek itself is an impaired water body due to low oxygen level, high sediment value, as well as impairment due to high copper content. He said it appears the copper content is from runoff from properties where copper sulfate containing algaecides have been used to treat small, private ponds and storm water holding ponds. Ms. Kill noted that the Watershed District has spoken with the golf course regarding best management practices to avoid the use of copper containing products; and noted the Watershed District had received a grant to work with City Council Meeting June 1, 2010 Staff: Stillwater Country Club on water quality improvement projects aimed at reducing total suspended solids. Mr. Leiser said the Watershed District will continue its monitoring efforts for Brown's Creek, Long Lake and the other bodies and water transport bodies between Long Lake and the diversion structure and will expand its monitoring in an effort to identify the source of the phosphorus input. He noted that alum application is not very effective in a slow- moving body. He said there is new technology coming out of the University of Minnesota that involves a sand /iron filter that apparently on small processes has the ability to trap phosphorus in the iron fillings and that technology will be looked at as a possibility for use in drainage ditches, but said further research will be needed to determine whether that technology is applicable to the McKusick Councilmember Roush, said as the repr residents, he would be advocating for the aside funds for some harvesting or som lake. Present: Councilmem Ms. Carolan suggested folks can work management practices and said Mi assistance. The Brown's Creek Watershed Mr. Vanzwol. Mayor Harycki recessed the City Counceeting at 6:30 p.m. RECESSED MEETING Mayor Harycki called the reces g to order at 7 p.m. City Administra • . nsen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward g, Polehna, Roush and Mayor Harycki PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the May 18, 2010, regular meeting minutes. All in favor. Page 6 of 19 La .e loading. for the McKusick Lake get time in an effort to set address the problem at the it neighbors to implement best ix staff would be happy to be of ting was adjourned on a motion by 7:00 P.M. AGENDA City Council Meeting June 1, 2010 OPEN FORUM Bruce Werre, 1314 Meadowlark Drive, representing the Lake McKusick Water Association, showed photos of the algae bloom on the lake. He talked about the short -term solutions, such as treating the lake with alum, as well as filtration at the diversion structure and harvesting the algae, perhaps by the City in cooperation with volunteers. He also mentioned the possibility of the application of barley bales. He asked that during the budget cycle, a certain amount of the storm water fees be dedicated to the aesthetic cleanliness of the City lakes. He suggested the possibility of using the taxing authority of the Brown's Creek Watershed District to help fund a short-term solution, as well as continuing to apply for grants and other outside sources of funding. He said it is time to do something in the short term and treat the lake lik- the park that it is. Mayor Harycki asked Mr. Werre to pass al . g inf• ation he might have, such as the cost of the barley bales, to the City E STAFF REPORTS Police Chief Gannaway reported the weekend was relatively incident free hours into the race due to the medi were several minor complaints rec community that the Departm campaign for seat belt use and At the request of Mayor Har cki program, which is funded Fire Chief Glaser state weekend with several call of the season, as City Clerk Ward re waste collection e at the event. Councilm "ef Gannaway explained the Safe and Sober epartment was busy during the Memorial Day e accidents, the first St. Croix River distress arathon. he tremendous success of the recent hazardous e thanked the Public Works employees for their efforts er Polehna thanked Ms. Ward for her organization of the event and has heard positive comments. Ms. Ward reported on the candidates who had filed for the upcoming elections; she noted there will be a primary for the mayoral election. Mayor Harycki noted that Councilmember Gag had not filed for re- election and expressed appreciation for Mr. Gag's service. Community Development Director Turnblad reported that the parking ramp has averaged about 72 sales per day, about a quarter of the available spaces. He said it is hoped sales will go up during the upcoming summer season and noted the directional signage will be installed soon. He said the largest ramp revenue source has been the monthly parking permits. He stated that the overall numbers are low but that was expected in the first year. Mr. Turnblad said the Metropolitan Council's population estimate for the City is 18,200, with 7,200 households. Finance Director Harrison said the department is finalizing the financial statements, which will be presented at the next Council meeting. She said staff is also working on the 2011 budget and that process is currently on schedule. Page 7 of 19 Marathon held the previous e course was shortened about 4 ns regarding the heat. He said there ut the marathon. He reminded the rticipating in the Safe and Sober s to buckle up. City Council Meeting June 1, 2010 City Administrator Hansen reported that he had received a number of positive comments on the marathon. He also said staff is continuing to work on some problem properties. Page 8 of 19 City Council Meeting June 1, 2010 CONSENT AGENDA 1. Resolution 2010 -80, directing payment of bills 2. Resolution 2010 -81, a resolution adopting the 2030 Stillwater Comprehensive Plan Update 3. Resolution 2010 -82, resolution authorizing execution of agreement with Minnesota State Patrol relating to. Safe & Sober 4. Possible approval of temporary liquor license — September 12, 2010 — St. Mary's Church 5. Replacement of turf at the St. Croix Recreation Center 6. Resolution 2010 -83, approving Minnesota Premises Permit for lawful gambling for American Legion Post 491, located at the Cherry Bowl, 317 Main Street South, Stillwater, MN Councilmember Roush asked about item Comprehensive Plan that relates to the it District's request for a Comp Plan and Mr. Turnblad said the Comprehensive might have to be changed dependin Mayor Harycki asked whether acti said until the Comp Plan upda consider amendments to the pl Motion by Councilmember Gag, secon Consent Agenda as presented. Page 9 of 19 er there is anything in the genda regarding the School amendment. es a future land use map which ncil's action. tem should be pulled; Mr. Turnblad d, the Metropolitan Council will not ouncilmember Polehna, to approve the Ayes: Councilmembers Cook, g,bleflna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time public hearing to consider the issuance of a new wine with strong beer liquor licens Oasis Cafe, Inc., DBA: River Oasis Cafe, located at 806 Main Street S. Applicant: raiq Beemer. Notice was published in the Stillwater Gazette on May 19, 2010. City Clerk Ward noted that approval should be conditioned on approvals by police, fire, finance, building department and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -84, approving the issuance of a new wine and strong beer liquor license (River Oasis Cafe). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None City Council Meeting June 1, 2010 Case No. 2010 -16. This is the date and time for a public hearing to consider a request from BWBR Architects, representing Stillwater Area Public Schools, Raymond Queener, for a Comprehensive Plan Amendment and Zoning Map Amendment to amend the area located at 1850 South Greeley, 1792 South Greeley, 1862 South Greeley, 1825 and 1845 Industrial Blvd from Business Park Industrial District to Business Park Commercial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on Mav 21, 2010. Community Development Director Turnblad reviewed the request for a rezoning to accommodate the District's early childhood /family education programming. He noted there are five parcels involved, three on Greeley Street with existing buildings and two vacant parcels on Industrial Boulevard; the proposal is to rezone the three properties on Greeley from ' rial to commercial and leave the two vacant properties zoned as they curr tly ar. zoned industrial. On a question by Mayor Harycki, Mr. Tur* b - -v' ed the existing land uses, noting there currently are many prope s , ou► out the area that are zoned industrial but utilized for non- industri Go a 'al uses. Mr. Turnblad noted when the Planning Commission Tooke• t proposal, the request was to change all five of the parcels to co ci a' :'there was a lot of discussion and concern about spot zoning. He sta d oposal has changed to rezone just the three parcels on Greeley S e , and e School District has expressed a commitment that the vacant uld not be used for school activity purposes. He said staff believes 'is p sal is much more acceptable and if the Council approves, there are three nditions staff would recommend — any Comp Plan or rezoning doesn't b -ctive until a special use permit is issued; when the special use per t a plication is made, the traffic impact study must be submitted as well; and t t parcels north of the former UFE site remain zoned commercial rath n itch to industrial as indicated in the updated Comp Plan. Councilmember R. !_ about the implications for an existing TIF district and the loss of the . rties from the tax rolls. City Finance Director Har son said two of the five parcels in question are in TIF District 1 and generate about $69,000 in TIF revenue, with no dedicated projects for that revenue at this point. She said TIF District 1 will be required to be decertified in 2011 and go back to the general tax rolls, so a portion of that $69,000 will go back to Washington County and the School District. On a question by Mayor Harycki, Ms. Harrison noted that TIF funds can only be used on specific projects in the TIF District and are not a part of the City's general fund. She continued by stating that once a TIF district is decertified and the funds redistributed back to the various taxing districts, the City can use those funds for whatever purpose it chooses — to pay off bonds, for street improvement projects, etc. Raymond Queener, Assistant Superintendent for Business and Administrative Services for Stillwater Area Public Schools, reviewed the proposed project. He said the primary immediate interest would be to remodel the main UFE facility to house the district's Early Childhood program, Courage Center St. Croix's pediatric programs and Northeast Metro 916's oral and auditory program and Page 10 of 19 City Council Meeting June 1, 2010 potentially a private child care. He reviewed the mission and services of the early childhood programs. He spoke to the collaborations involved in the project, noting that 27 percent of the clients served are shared among the collaborative partners; co- locating the agencies provides a great asset for parents and a more efficient operation for the School District. He spoke to rezoning issues, noting that Greeley Street currently has a commercial feel to it. He reviewed the proposed uses of the existing buildings, pointing out that two of the buildings would be used as they were by the former owner — one building for storage and another for office space. He talked of the proposed use for the vacant parcels to the west, a third access into the property for parent drop -off and the few special education buses that transport students; and there will be no programming or student use taking place on those parcels. He addressed the issue of the number of employees and time of operation. He revenue, noting that the UFE properties repr he pointed out that the early childhood f destination with the services provided parents and families into town. He also reduce the amount of money the sch residents. He spoke to the projec request, and he spoke to the many Councilmember Polehna noted t of the Jaycee ball fields and wo, the City in the long term; Mr. cooperation, it is something that c Mayor Harycki opened the Paula Heemer, 855 education lead for the education and the Croix and Interme requested rezoning. ddressed the issue of tax ut .2% of the tax base, and r is viewed as a point of oad population with brings t e proposed collaboration will ill have to levy against district ould the Council approve the ooperation with the City. king for a fire station site in the area ther the School District could help out uggested that given the past record of d be discussed further. e Lane, Stillwater, early childhood special rict, spoke of the importance of early childhood f the proposed partnerships with Courage St. District 916. She urged the Council to support the Diane Polasik, 14220 94 St., donor advisor for the Lee and Dorothy Whitson Foundation, stated the Whitsons gave a bequest to the Stillwater Area Schools in 2002 specifically for a new early childhood family center. She spoke of the Whitson connection to the Valley and their support of education, noting that in addition to the initial $1 million bequest they later gave another $1 million endowment fund to provide for ongoing early childhood program development. She, too, spoke of the importance and potential of early education and urged the Council to support the request. George Hoeppner, 6175 Paris Ave., Chair of the School District 934 School Board, reviewed the School Board's initial concerns about the value of the programming, the cost to taxpayers and the desire to utilize existing buildings that are centrally located. He noted that research has shown that investments in human capital prior to kindergarten provide a high public return and can make a substantial impact on the success of children's future as students, workers and citizens. He noted that various options were screened until it became obvious that the best value for the money was the Greeley site under discussion. He said Page 11 of 19 City Council Meeting June 1, 2010 the School Board unanimously agreed to take advantage of an existing empty building that could be remodeled for ECFC use, which allows the green space to be developed later as the Council sees fit. He said it is the School District's intent to be good stewards of the property. He said in the end the School Board agreed unanimously that the Greeley Street site answered all of its concerns and would create a positive impact for both the City and the School District. He urged the Council to provide stability along Greeley Street by supporting the District's efforts to invest in the future of the St. Croix Valley. He, too, suggested that the School District would be willing to look into the possibility of assisting the City with the fire station site mentioned by Councilmember Polehna if at all possible. Peter Polga, director of Courage St. Center St. Croix, spoke of the strong collaboration that Courage St. Croix has had w' h the School District. He said a primary stressor for families is the conc- ding the fragmentation of services and lack of coordination among s. ices fo their children. He informed the Council that model will help to addres ging a number of programs together under one roof. He spoke of th ad nt. • -s of the UFE site and stated they are very excited about the progra o fro the model of service and from the business model and ability to transfe a its services. Antoinette Johns, director of spec > :I - .tion services for 916 Intermediate School District, spoke of 916's mi- . o ;ovide special education services to its member districts. She noted t th- - gram has moved 5 times in 8 years. In order to serve families nsistent program model and to have commitment to the program fro fam es and that consistency of space and location is needed and that *' .ro: •sal would afford that opportunity as well as providing a cost savings s ' Id not have to ultimately invest in its own facility. She also spoke f e savings in the return on investment in early services to children. Jay Fuhrman, mana• f es for deaf and hard of hearing for 916 and the person responsible tory/oral program, spoke of the benefits of serving children with heari • / yes at a very early age. He also spoke of the advantage of co- locating with the " E program in having children with hearing Toss interact with children who have Ian•uage ability. Dick Olsen, former owner of G.W. Olsen Construction building on Greeley Street, said he could not think of a better use of this property for the common good of the City and the entire School District. He said he fully endorses the project. Sherwood Forest Commercial LLC. owner of the property at 1902 -1906 Greeley St., the G.W. Olsen building, said he was a "cautious" supporter of the project. He said he has been meeting with School District officials to better understand how this project might affect his customers, his tenants, as he wants to make sure they are protected in this process. He noted that one of his tenants, Knights of Columbus, had an agreement with UFE regarding the use of parking and green space in order to host weddings, etc. He stated that he would like to see that relationship continue and it appears the School District is willing to do so. His concerns are the fact that there are some liquor licenses for the property, about their future licenses and future complaints about children being around things that are in an industrial zone or liquor. He said he would like to see protections Page 12 of 19 City Council Meeting June 1, 2010 for legitimate uses that his tenants have and thought those things could be worked out. Jim Schulte, CEO and majority owner of Modernistic, said he attended the Planning Commission and expressed some concerns as they did not know the nature of all the plans. School District officials visited them and explained some of the details of the plans. He said he would have some concern regarding some representations that have been made about the future intentions for the vacant land and space on Industrial Boulevard and wondered if that could be codified somehow. He said his prime concerns were with the properties on Industrial Boulevard. Orville Johnson, former shareholder of UFE Inc. and member of Johnson Kellogg Properties LLC, current owner of the former •uildings, stated that he was thrilled that the School District might be abl: o us- ese facilities. He said they were also excited about donating one of t to the School District. He talked about the history of the site, initiall n -r Township, and the history of the City's industrial park, the difficul in tai i g manufacturing use so that today only Modernistic and DiaSorin r He ferred to the staff report which noted that many non - manufacturi u ave been permitted, including Stillwater Medical Group, Courag St. ix and Family Means, to build on industrial property with special us it and which cited the contribution of these entities to the common go •f S ' er and surrounding communities. He thought the early childhood fa 'ly . er provides a service to the community and jobs to a staff capable of m ing e needs of families, which fits well with the type of organizations t h already located in the area now zoned industrial. He encouraged , to approve the request for rezoning and to change the Comprehe a jDlan so the three parcels on Greeley become Business Park -Comme Heidi Hickey, 1002 it spoke of the value of attracting parents to the City, which will gro . proved. She spoke of the service that ECFE has provided to her fa ' e community in the past. Steve Russell, 1417 W. '' >e St., spoke of the service provided and the benefit to the community provided by ECFC. He suggested that Stillwater is a small town that at its core is historic and a family community. He said he thought this use fits into those core values. In terms of land use, he noted that downtown is a mix of uses that live together successfully. He stated that Greeley Street is a mix of uses similar to that; he agreed there are issues, such as those raised by the owner of the adjacent building, that have to be dealt with. He cited the change in zoning of the former Cub Foods store, now Herberger's, as an example of the recognition of a changing use that has worked and he thought the rezoning is a good request and the use is of value to the community. No other comments were received, and the hearing was closed. Councilmember Roush asked about the issue of a liquor license within a certain distance from a school and the legal implications of that. Ms. Ward said the regulation in the City's liquor ordinance is 500 feet from a school. Page 13 of 19 City Council Meeting June 1, 2010 Mr. Queener stated this is not a school and that there has been discussion as to whether this use meets the definition of a school. Councilmember Gag said the Planning Commission struggled with the issue of the definition of a school and that the Planning Commission was looking at more of a daycare use considering the age level of the students involved. Councilmember Roush asked whether an agreement regarding the arrangement with Modernistic could be worked out in the special use permit phase if the Council approved the rezoning. City Attorney Magnuson said he thought a development agreement could be reached with the School District to deal with some of the peripheral issues, including the liquor license issue. Councilmember Gag, Council representative that group's function is to look at zoning a Comprehensive Plan update, and that he He felt that ECFE is a wonderful progr stated that the three conditions of ap teeth into it as it relates to Modern' relate to the Planning Commission this project. Councilmember Polehna said h are the future and has always he spoke of the value of the Scho Regarding the tax revenu transferring dollars from taxpayer as a whole; traffic associated with th it is programs like thi Councilmember R regarding the tax re to do for the community. ys been a firm believer that children ake the community better for the kids; District to the community. yor Harycki suggested this is a matter of ocket to another and will have little impact on the e of the advantage of this site and keeping of a residential area. Mayor Harycki noted that the quality of life in a community. e thought the Council had done its due diligence issue and he thought supporting this is the right thing Motion by Councilmember Roush, seconded by Mayor Harycki to approve the first reading of the ordinance for rezoning to BP -C, with the Comprehensive Plan amendment changing the guided use from Industrial to Commercial; developing a development agreement between the School District and Modernistic and pending review of the state liquor law; and including the three conditions stated in the staff report. Councilmember Polehna said he thought the development agreement should include more than Modernistic. Councilmember Roush amended his motion to include other interested adjacent properties in a development agreement, Mayor Harycki agreed to amend. Councilmember Cook said no one questions that this is a great program, reuses existing buildings and that the area in question does have a commercial feel, but she expressed concern about taking these properties off the tax rolls. She stated Page 14 of 19 anning Commission, noted spent many hours on the ns on behalf of Modernistic. has meant a lot to this family. He portant but would need more would support the project and a good job in its deliberations of City Council Meeting June 1, 2010 that she was hoping the City might have been able to strike some type of economic /financial agreement, perhaps a bridging arrangement for the first several years. For the taxpayers of Stillwater it is not a matter of taking money out of one pocket as the School District is much larger, and she noted that this could amount to the Toss of as much as $80,000+ a year. Councilmember Cook, however, agreed that programs such as ECFE are important to the quality of life in the community. City Administrator Hansen said if approved and the properties go off the tax rolls, TIF and everything, the result is $82,000 removed from the tax base, the levy wouldn't be shortened by that amount. City Attorney Magnuson reviewed the state liquor law which states licenses shall not be issued within 1,500 feet of a public s stated that state law would not prohibit this could be changed to accommodate this if t Ayes: Councilmembers Cook, Gag, Polehna, R Nays: None Mayor Harycki recessed the meetin Mayor Harycki reconvened the mee at • ''8 p.m. Mayor Harycki moved the Mus%r p I operated cab license item from New Business. Possible approval of Musser pe Community Developme a pedal- operated ca said the business stored at the appli require a permanent staff would suggest a con erated cab license. urnblad reviewed the request for a license for ith seats for customers to ride in the back. He to primarily in the downtown area, with the cabs ome on West Willard. He said the business would not g spot either on the street or in parking lots. He said ition requiring review upon complaint; he also noted that, as with all licenses, application must be made on an annual basis. He noted there is a number of conditions of approval that deal with safety issues. On a question by Mayor Harycki, Police Chief Gannaway said he would have no concerns with the proposal as long as the driver(s) follow all traffic and pedestrian laws. Councilmember Polehna said he thought the insurance requirement should be the statutory limit; he expressed a concern about operating on Main Street. Councilmember Gag said he would suggest that if vehicles are added to the fleet, the request be reviewed Council. Mayor Harycki noted that the letter from the applicant indicates that the operation would avoid Main Street as much as possible so as not to disrupt traffic flow. Councilmember Cook reiterated Councilmember Polehna's concern about congestion on Main Street; she raised the possibility of other applications for such licenses. Page 15 of 19 that is not within a City. He local ordinance does, that eems appropriate. yor Harycki City Council Meeting Mayor Harycki asked whether the Council could deny future requests or table pending evaluation of the initial business. City Attorney Magnuson said that would be possible, and suggested that the Council could pass an ordinance limiting the number of such licenses. Motion by Councilmember Polehna, seconded by Councilmember Roush adopt Resolution 2010 -85, a resolution granting license to Nancy Musser for the operation of pedicabs on city streets Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for the public hearing re Prevention Plan (SWPPP). The SWPPP was pre the Municipal Separate Storm Sewer (MS4) Gene an overview of the SWPPP that was approved com•leted in 2009. Written and oral comme will be considered as the City prepares its Control Agency on its SWPPP. Notice April 30, 2010. Assistant Engineer Kraftson not permit. He briefly reviewed t minimum control measures req noted that all of the infor program is on the City's invited written comments There was discussion watershed organizati Mayor Harycki opened th was closed. No action wa ired. Page 16 of 19 ed June 1, 2010 to its Storm Water Pollution ddress the requirements of This hearing will consist of r 28, 2007 and the activities before or durin• the meetin to the Minnesota Pollution in the Stillwater Gazette on g is a requirement of the City's MS4 storm water activities related to the 7 the MS4 permit in the past year. He out the storm water pollution prevention the engineering department's page. He he public. rofitting parking lots; Mr. Kraftson said the equirements for that. ing. No comments were received, and the hearing Case No. 2010 -09. This is the date and time for the public hearing to consider a request from Michael Berqum for a variance to impervious surface regulations for the construction of a house addition located 104 Lakeside Drive 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 May 21, 2010. Community Development Director Turnblad reviewed the request and site. He noted that normally variance requests are not heard by the Council but is required in this instance because the property is located in the river overlay district. He said the DNR and Planning Commission have both reviewed and recommend approval of the request with the conditions listed in the staff report. Mr. Turnblad noted that when the Planning Commission considered the request there was also a request for an impervious surface coverage variance and that plans have been modified so that is no longer necessary. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. City Council Meeting June 1, 2010 Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -86, approving variances for a legal non - conforming lot's size and width -Case No. 2010 -09, 104 Lakeside Drive. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 2010 -17. This is the date and time for a public hearing to consider a request from Verna Garrison, T- Mobile, for a special use permit amendment to add antennas and cables to the existing 100 -ft monopole telecommunications tower for T- Mobile located at 1790 Washington Avenue in the BP -I, Business Park Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 21, 2010. Mr. Turnblad reviewed the request. He no location on an existing tower and that standards, Planning Commission and On a question by Councilmember antenna is to provide additional cov explained that the additional anten pole. Mayor Harycki opened the pub hearing was closed. Motion by Councilmember Rou Resolution 2010 -87, approving on an existing communication approve as conditioned. Ayes: Councilmembers C Nays: None UNFINISHED BUSINESS Update on Downtown business refuse questionnaire. Page 17 of 19 ce this is a request for co- all applicable performance end approval as conditioned. applicant said the additional th voice and data. The applicant not change the appearance of the o comments were received, and the ed by Councilmember Cook to adopt ditional use permit to co- locate wireless antennas ole •wer at 1754 Washington Ave for T- Mobile, to lehna, Roush and Mayor Harycki Mr. Turnblad said cards have been mailed to all downtown property and business owners inviting them to complete the survey on -line. He said the Chamber has requested that the deadline for response be extended. He said results would be brought back at the next Council meeting. NEW BUSINESS Possible accepting bids and awarding contract for Stillwater Parking Ramp Sign. Mr. Turnblad stated this is the last of the signage on the parking ramp. He explained the design /construction of the sign. He said the signage has been approved by the Heritage Preservation Commission. City Council Meeting June 1, 2010 Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Resolution 2010 -88, accepting bids and awarding contract for Stillwater Parking Ramp Sign, in the amount of $2,111. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Cook verified that the sign is aluminum rather than a high - density poly material as described by Mr. Turnblad. Possible approval of noise variance — Camrose Hill Flower Studio & Farm (233 Second Street). City Clerk Ward reviewed the request for a oise lance, noting the date has not been firmed up yet, either October 16 23. She noted the request is to allow music, acoustic, not amplifies ' nti 'fight. She said the applicant will be made aware that if the music is t• to , p• ice may come and notify them it must be turned down. Motion by Councilmember Gag, seconde Co ilmember Cook, to approve the 0 ) . requested noise variance. All in favor. Special Events in Lowell Park. a. Art in the Park b. Summer Tuesdays c. Community Dinner City Clerk Ward revie events have been ap Motion by Councilmembe special events as present cial event requests and dates. She noted the e Parks Commission. econded by Councilmember Roush to approve the in favor. COUNCIL REQUEST ITEMS Councilmember Roush brought up the issue of trash dumpsters on public roadways, pointing out that dumpsters delivered to a private property and left in the roadway pose a safety hazard. He proposed that the City add some requirement to the dumpster permit that dumpsters will either have reflective cones marking its location or appropriate reflective materials. Public Works Director Sanders stated the City's right -of -way ordinance requires an obstruction permit to handle the dumpsters /containers and that the requirement for safety cones or reflectors could be added to that permit process. Councilmember Roush said he and Mr. Turnblad had met with some concerned citizens and is in the process of getting input on future pool and fence enclosure ordinances. Mayor Harycki asked City Administrator Hansen to add the Long Lake encroachment to the Council's work plan with an update provided by staff. Page 18 of 19 City Council Meeting June 1, 2010 ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, to adjourn at 10:15 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Resolution 2010 -80, directing paym Resolution 2010 -81, a resolution ad "; ' g the X030 Stillwater Comprehensive Plan Update Resolution 2010 -82, resolution . ho in • execution of agreement with Minnesota State Patrol relating t & ' •ber Resolution 2010 -83, a resolu '- a • g Minnesota Premises Permit for lawful gambling for Amer i n +n 'ost 491, located at the Cherry Bowl, 317 Main Street South at , MN Resolution 2010 -84, a re utio •roving the issuance of a new wine and strong beer liquor li s ver Oasis Cafe) Resolution 2010 -85 a res• tion pproving Musser pedal operated cab license Resolution 2010 -8 ap• variances for a legal non - conforming lot's size and width -Ca N 2010 -09, 104 Lakeside Drive Resolution 201 7, re ution approving a conditional use permit to co- locate wirele s , on an existing communication monopole tower at 1754 ing'. Ave for T- Mobile Resolution , r esolution accepting bids and awarding contract for Stillwater ng Ramp Sign Page 19 of 19 Stillwater Police Department Council Report May, 2010 • Attached is the monthly statistics for the Police Department, please feel free to ask any questions you might have. • The biggest event during May was the Stillwater Marathon. It was relatively incident free from the law enforcement standpoint. The biggest glitches were getting MN HWY 95 closed for the beginning of the race and having a 'missing' runner (whose timing chip had not been monitored after the start of the race) whose family could not locate her at the finish. She was found without incident. • We continue to plagued by break -in's to vehicles. The two biggest frustrations are not having caught the suspect(s), despite having identified potential suspects, and that Stillwater citizens continue to leave their vehicles unlocked, despite several public pleas to do so in several media outlets. The common denominator in each incident is that all of the vehicles were unlocked. Please ask your constituents to lock their vehicles. • With the start of the busy season /summer we are now in planning mode the major events of the summer, starting with the Nature Valley Grand Prix Bike Race, the 4 th of July, and Lumberjack Days. Staff will spend dozen's of hours planning and coordinating these events, along with lesser events, with other jurisdictions and the event planners. • We are currently applying for a federal COPS More Hiring Grant. We were notified to reapply for this grant, for which were rejected last year (we applied for two police officer positions). We were advised to ask for one position (although we will ask for two). The covers full funding for each police officer position granted for three years, with the only caveat being that the jurisdiction must retain the officer for one year after the grant period ends. I will make a formal request to Council should we be awarded. the grant. • Police Department Staff spent numerous hours in administrative time for the following areas: Marathon Planning; Fire Muster 'Parade'; Traffic Safety Committee, Washington County Chief's Association, Parking Ramp Security Camera System, Parking Commission, K -9 Training and Graduation. • Officer Wulfing and the newest member of the Department, Buzz, successfully completed the St. Paul Police Department K -9 School in May and now working regular patrol shifts as a team. • Officer Brad Allen is receiving the Minnesota Police and Peace Officer Association's Police Officer of the Year Honorable Mention Award at a formal ceremony on June 14, 2010. 2010 STATISTICS 1 Yearly Total 1 1 O O 1 zZ bZL CO N 1 bb 1 666 ' SZ 03 ' bL£ V I Z SL O N ' 9Z Lf) 0 V N 1 OL L£ CO LZ ' 8b O 1 oL ' 917S CD 0 030 1 AON 1 O p ld3S O ' I O and O ; O A 7nr 1 O ' O 3Nnr O .'. O AVW 1 O CV 0 CD LL 1 S£ N O I bl ;}) x- L L O CO O O O r.- O , - O N CD r 0 1 oL CD d' 1 LZ 03 r N 1 92 APRIL .' .- 0 CD W b£ r ZZ L9 p .- 99Z N LC) O O O .- O O N 0 0 CD l(3 r 0 1 oL r U) 1 SEE MARCH 0 0( o N Lb I < r CO ZS V O oO N C) N O O O) CO O N x (O ■• 0 0 L V O) 1 ZL ( C N 1 SL 9Z /Z - 1711Z 1 .' O •- CD CD 1 bL 0 0 0 96 .' V V O 0 O N CO O 0 0 c- CD CD 0 0 L L O CO Ln 0 O 1 os 'PART 1 OFFENSES a osol 'Robbery 'Agg Assault 'Burglary /Poss Burg Tools (uaoJe1' 1041 0 1 01 4aAl uosivl pneJj aRpm' 'TOTALS: 'PART II OFFENSES iinessvl 'Terroristic Threats 'Theft Related /Fraud - Swindle AJa6aojl Drugs: Poss /Sale /Para Flee /Escap 6ullgweel 'Crime Against Family 'Mal 'Liquor -All Other 'Kidnapping- Parental Rights 'Juvenile Alcohol Offender 'Juvenile Curfew 'Juvenile Runaway 'Juvenile Truant 'Juvenile Tobacco 'Juvenile Controlled Substance 'Disturb Peace /DOC 'Prostitution /Sex Related 'Harassing Communications 1 'Trespass /DTP 1 'Weapons 1 'Crimes Against Justice 1 'All other MOC 1 'TOTALS: 1 2010 STATISTICS 1 Yearly Total 1 ■ L91 O £ ZO 1 Zb 601 1 9bz Z9 ObL Lb1 Z81 69 ££1 991 1 ££ 901 L6 99 86 L8£ Z6£Z LLL 9L1 9LL 0£1- 1 Z£S 030 G G AON G G loo O 1d3S G p and A inr O O 3Nnr G O AWN 09 1 LZ tb 8L LZ 68 1 £Z LC 6£ Z9 OZ Z9 £9 Ob £Z 1 9L 91 L£1 1 8LL 1 OZ - -- j OL bb 02 b9L APRIL 8£ 1 91 1 0 OZ Z 1 02 I OL I OZ I S£ Lb L9 9 Z ££ L9 1 oL ££ £Z L L 92 1 9Z 1 60L j 92 j 92 8£ LZ 1 Lbl ZSZL MARCH 62 1 61 1 0 OZ oL 1 L£ 1 89 1 b 1 9 b 1 bb I 1 09 L l Z£ ££ bZ 1 92 1 9L ££ 1 99 9L9 1 b£ £9 bZ Zb 1 £SL 2/14 - 2/28 OZ 1 00 LZ 1Z 6Z I ZZ L1 61 91 I 9 L 1 LL I 91- I L 91 Z£ 1 68Z 1 6L 91 16 L£ 1 bL IPART III, IV & V OFFENSES 'Animals 'Lost & Found (Fatal Accident 'Property Damage Accident Personal Injury Accident 'Assist SW Fire Dept 'Assist Other Agency 'Medical 'Domestic swiely' 'Lockouts 'Suspicious Persons /Vehicles I alluannpl 'Public Assist 'Noise /Disturbance /Mischief I 'Warrant /Detox 'Welfare /Building /Hazard 1 1911 Non - Emergency Misc Public /Civil Escorts /Bank Run IAII Other 9000 'TOTALS: 'TRAFFIC SERVICE 1 paadS (Other Moving Parking All Other Traffic ITOTAL TRAFFIC: 1 1 sietol pueE ATTEST: Diane F. Ward, City Clerk RESOLUTION 2010 -89 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $458,282.29 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 15th day of June, 2010. Ken Harycki, Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -89 3D Specialties, Inc. Abbott Paint & Carpet Ace Hardware Advanced Sportswear American Planning Association Aramark Uniform Services Armor Security Inc. Aspen Mills AT & T Becker Arena Board of Water Commissioner Boyer Ford Trucks C & T Hockey Carquest Auto Parts CDW Government, Inc. Century Power Equipment Cole Papers Consolidated Lumber Cub Diamond Products Edina Realty Emergency Automotive Technologies, Inc. Emily Program Enterprise Car Eichten's Service & Repair Engler, Chris Estate of Brienne Heroux European Hair Spa Extraordinary Journeys Fury Motors GFOA Golden Crown Restaurant Gopher State One Call, Inc. Grainger GTS Heritage Embroidery & Design Heritage Printing Highway Technologies HLB Tautges Redpath, LTD Holiday Howell Rescue Systems Inc. Ice Skating Institute Jacobson Cindy Kirvida Fire, Inc. 9 - 2" Couplers Paint for Stillwater Parking Ramp Supplies Jerseys for Adult League Membership 7/1/2010- 6/30/2011 Mats & Uniforms Monitoring Service Uniforms Telephone Skate Holders for Rentals & Latch Handles Hydrant at Echo Lane & May WAC Repair Ford F550 Pucks for Rink Equipment Repair Supplies Software Software, DVD R 50 pack Mower Blade Janitorial Supplies Refund of Fire Inspection Fee Concession Supplies White traffic paint, Latex Refund of Fire Inspection Fee Equipment Repair Supplies Refund of Fire Inspection Fee Refund of Fire Inspection Fee Repair Dehumidifier Park Deposit Refund Pioneer Park Refund of Federal Income Taxes Withheld Refund of Fire Inspection Fee Refund of Fire Inspection Fee Repair squad 217 - Charger SGR GAAFR Review Newsletter Refund of Fire Inspection Fee (4 Receipt Billable Tickets Equipment Repair Supplies Planning Commission Member Video Conf 2 Polo Shirts with first name personaliz Spring Newsletter, A/R Invoice Forms Striping City Roads Arbitrage Rebate Calculation Serie 1998B Fuel Compact power unit Membership Photo Development Vehicle Repairs 182.76 27.35 390.66 1,434.00 340.00 718.12 89.78 772.25 96.77 1,869.45 5,835.64 66.00 1,210.00 539.49 216.14 37.38 291.27 75.00 10.38 388.49 130.00 112.78 25.00 25.00 129.00 100.00 744.25 37.50 25.00 484.28 50.00 147.50 478.50 1,151.62 30.00 48.32 2,776.40 7,434.58 6,855.00 31.67 1,690.00 350.00 5.76 10,693.75 EXHIBIT " A" TO RESOLUTION #2010 -89 Page 2 Kline Autoworld Landmark, Inc. LarsonAllen LLP Law Enforcement Tech Group,Inc League of MN Cities Insurance Trust Lehmoine Chyrisse Loome Theological Booksellers Magnusons Law Firm Menards Metropolitan Council Metropolitan Council Miller Excavating, Inc. Mitchell Ryan MN Board of AELSLAGID MN Office Of Monde Salon Municipal Code Corp. Oak Glen Office Depot Olson, Lillias OnSite Sanitation Papco Paulson & Clark Engineering, Inc. Peterson Hudson & Co Pogge, Michel Primitive Blessings Quill Corporation R &R Specialties Riedell Ruffridge Johnson Equip. Co. Sherwin Williams Signal Pro Equipment Simple Interest Simplex Grinnell LP Skyway Opticians Sprint St. Croix Harley- Davidson Stillwater & Oak Park Heights CVB Stillwater Medical Group Stillwater Motor Company Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Maintance on Ranger Reimburse Overpayment Progress Billing #3 2009 Audit 7 Months Canine Tracker Municipality CMC31494 2nd Installment Dare Class & Graduation Supplies Refund of Fire Inspection Fee Professional Service Supplies Wastewater Charge July 2010 May SAC Myrtle Street Ravine /Curve Crest Pond Direct Plug In Converter Comp Motorcycle License /Certificate Renewal WAN Services May 2010 Refund of Fire Inspection Fee Code on the Internet Refund of Fire Inspection Fee Office Supplies Refund Deposit Teddy Bear Park Unit Rental Squeege Assembly Hose & Blades Security System for Parking Ramp Refund of Fire Inspection Fee May Mileage Reimbursement Refund of Fire Inspection Fee Time Card for Cincinnati /Lathe Zamboni Repair Skates for Resale Coco Mats Refund of Fire Inspection Fee Equipment Repair Supplies Refund of Fire Inspection Fee Monitoring Serv, Replacement Smoke Heads Refund of Fire Inspection Fee CeII Phone Repair Siren on Motorcycle,Oil & Lube First Quarter Lodging Tax, 4th Qtr Delinquent Pre employment Drug Screening Vehicle Maintenance Tow Vehicles Publications Retiree Health Insurance, Cobra CeII Phone Asphalt 246.28 243.50 5,200.00 74.81 106,031.50 289.18 75.00 8,564.33 212.74 118,390.29 10,395.00 26,135.53 37.48 132.00 140.83 75.00 400.00 202.50 263.61 100.00 796.47 555.67 945.00 25.00 29.00 25.00 30.77 271.16 423.48 42.45 112.50 200.94 25.00 639.67 25.00 76.88 290.03 18,702.33 675.00 53.42 208.59 85.35 35,666.30 42.13 841.84 EXHIBIT " A" TO RESOLUTION #2010 -89 Thomsen, Barbara Thomson West Toll Gas &Welding Supply Tri State Bobcat, Inc. Uniforms Unlimited, Inc Washington County License Center Washington County Property Records Washington County Transportation Watson Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks,LLC LIBRARY Ace Hardware Aramark Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental Beaudet, Michelle Blair, Ed BWI Boucher, Nick Grobe, Suanne Heritage Printing MacKenzie, Aaron Midwest Tape MN Dept. of Labor & Industry Newman, Star Michaelina Peterson, Andy Random House Trent, Richard Trent, Sara Van Paper Washington County Library Waterworks Irrigation Xcel ADDENDUM Action Rental Alex Aire Apparatus, Inc. Amano McGann, Inc. Park Deposit Refund Pioneer Park Subscriptions Acetylene Cylinders Bobcat Skid Steer Loader, Hydraulic Motor Flashlight Holder Duplicate Lost Plate Printing & Publishing Traffic Services Concession Supplies Tires Fuel Telephone Janitorial Supplies Rug & Towel Service Library Materials Books Rental Program Materials Event Preparation Event Preparation Children's Books Event Preparation Refund Paper Event Preparation Rental DVD's Elevator Permits Children's Programs Event Preparation Juvenile Audio Books Event Preparation Professional Services Janitorial Supplies Telecommunications Maintenance Contract Utilities Page 3 Concrete for Dog Kennel Hurst Blue Hydrolic Fluid Furnish & Install 2 Pay and Display Machines 100.00 168.00 30.60 2,760.00 19.77 13.00 92.00 33.00 157.84 967.73 9,608.98 517.28 26.72 61.11 3,213.21 114.31 33.72 71.05 28.42 31.06 35.53 400.00 19.25 14.21 45.98 200.00 160.00 49.74 396.80 17.76 133.92 359.35 765.00 150.00 3,730.51 323.83 152.30 6,998.34 EXHIBIT " A" TO RESOLUTION #2010 -89 Page 4 Clark, Luann Emergency Automotive Technologies, Inc. Emergency Medical Products, Inc. Jefferson Fire & Safety Inc. Lindy's Collection Service Loiter Companies, Inc. Minnesota County Management Assoc. Minnesota Police & Peace Officers Association Qwest River Valley Printing Stillwater Motors Sykes, Kyle Valley Trophy Inc. Xcel Adopted by the City Council this 15th Day of June, 2010 Cleaning PW and City Hall Adapter, Nitrile Gloves Tru Spec Pants Collection Services Staple Cartridge for Copier Membership Police Officer of the Year Banquet Telephone Business Cards Vehicle Repairs Reimburse Parking for ICR Engraved Plate Electricity, Gas 1,057.50 32.06 114.94 110.85 100.00 123.98 110.48 105.00 1,275.37 44.89 110.63 21.00 8.02 36,921.85 TOTAL 458,282.29 St. Croix River Crossing Update June 2010 This St Croix River update will be sent periodically to businesses and residents interested in the St. Croix River Crossing project. Because of the magnitude and complexity of this project being developed between Minnesota and Wisconsin there has been, and will continue to be, numerous issues associated with it. It is important to put these issues into context and understand that they are being addressed and resolved. Most importantly, they have not affected the budget or schedule of the project, which is anticipated to begin in July 2013. The St. Croix River Crossing Project has drawn some media attention recently for a number of reasons: 1. The judge's ruling on the Sierra Club lawsuit 2. Load Testing Project in the St. Croix River 3. Relocation of the Shoddy Mill and Warehouse A lawsuit resulted in Federal Court declaring that the National Park Service (NPS) did not fully explain its approval of the project after their initial opposition to it in 1996. This issue is currently being addressed by the NPS. The case has been appealed to the 8th Circuit Court of Appeals in St. Louis and all of the parties (Sierra Club, U.S. Dept. of Interior, U.S. Dept. of Transportation, National Parks Service, Federal Highway Administration, Minnesota Department of Transportation, and Wisconsin Department of Transportation) will be briefing the matter this summer. 'The Load Testing Project in the St. Croix River was scheduled for spring 2010 to document riverbed stability and provide foundation information to Mn /DOT and Wis DOT bridge designers. The permits for the project were obtained from the U.S. Army Corp of Engineers, Wis /DNR and Mn /DNR in January 2010, and Mn /DOT had established a low- bidder on the project, a local company, Carl Bolander and Sons. However, prior to awarding the contract to start the load- testing project, the Mn /DNR permit was contested. A hearing is scheduled for later this summer. The load testing project is on hold until the permit and the federal legal issues are satisfied. - One of the mitigation items associated with the St. Croix project includes moving the Shoddy Mill and Warehouse currently located adjacent to the riverbank of the St. Croix. These buildings will be moved to a site in nearby Stillwater to clear the right of way for the new St. Croix River Crossing bridge. The new site to where the buildings are being moved is known as the Stillwater Municipal Barge Facility Property and is being developed as a city park. While the relocation of buildings listed on the National Register is discouraged, the parties involved agreed that relocation is preferable to demolishing the structures. The new setting was chosen because it is similar to the old setting. The future use of the buildings has not been determined by the City of Stillwater at this point. However, its use as a rest stop on the adjacent bike and pedestrian path is being explored. Shown below are before and after images of the Shoddy Mill Warehouse buildings. Moritz Bergstein owned and operated a salvage business and as one of the early environmentalists he recycled waste paper, rags, scrap metal, and wood shavings. He built a machine that tore up the rags and employed several women to fabricate mattresses. Later, Moritz entered into a partnership with his brother, Ignatz, to form a mattress making firm. There were few Jewish settlers in Minnesota in its pioneer days, so the story of the Bergsteins provides insight into early Jewish life in Minnesota. The Bergsteins emigrated from Europe in 1880, during a time when many Jews were emigrating from eastern Europe, but Moritz was born in Germany and his wife Bertha was born in Bohemia.While many Jewish immigrants dealt in used goods and recycled materials, the Bergsteins were atypical because they lived in a town distant from other Jews, engaged in light manufacturing, owned property soon after they moved to Minnesota, and hired non - Jewish workers. This is an image of how the buildings may be incorporated into the new park that is part of the trail system for the St. Croix River Crossing Project: If you are interested in receiving the St. Croix River Crossing Updates please send your e-mail address to: mary.mcfarland(d state.mn.us More information about the project is available at: http://www.dot.state.mn.us/metro/projects/stcroix/index.html 1. CALL TO ORDER 2. APPROVAL OF May 10, 2010 MINUTES 5. OTHER BUSINESS CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, June 14, 2010 Fyl The City of Stillwater Planning Commission will meet on Monday, June 14, 2010, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes t o comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 2010 -20 A special use permit and a variance request for a 3,000 squa re foot restaurant with outside seating located at 229 Main Street South in the Central Business District. Rick Schmidt, applicant. 4.02 Case No. 2010 -21. A special use permit request for the emergency department expansion of Lakeview Hospital located at 927 Churchill Street West in the RA Single Family Residential District and the RB Two Family Residential District. Mark Fabel, McGough, representing Lakeview Health Systems. 4.03 Case No. 2010 -22. A variance request to the front yard setback for the construction of a deck carport located at 1120 Third Street North in the RB, Two Family Residential District. Dale and Faith Nelson, applicants. 4.04 Case No. 2010 -23. A variance request to impervious surface regulations and lot size and lot width located at 101 Lakeside Drive in the RB, Two Family Residential District. Matthew and Bonnie Macmberg, applicants. 4.05 Case No. 2010 -24. A special use permit for outside food vending located at210 Main Street North in the CBD, Central Business District. Shien Chen, applicant. Flood control TV! II 222222 CI If •1CIICIC►A MINUTES City of Stillwater Special City Council Meeting May 14, 2010 Mayor Harycki called the meeting to order. He noted the meeting had been published and is an open meeting for the purpose of a Council retreat to set priorities for the coming year. Present: Councilmembers Cook, Gag, Polehna (9:30), Roush and Mayor Harycki Staff: Public Works Director Sanders (until 11 a.m.) Assistant Public Works Superintendent Moore (until 11 a.m.) City Administrator Hansen Public Works Director Sanders provided a brief history of the flood wall project. Part of the discussion focused on the reasons for the increase in the estimated cost of phase 3 of the project, from an initial estimate of $4+ million to nearly $12 million. Mr. Sanders enumerated some of the new components of the project that are now required by Corps engineering standards. Mr. Sanders explained that Stage 3 involves construction of 1,000 feet of levee wall along Lowell Park. The wall would be constructed to the 50 -year flood height, or an elevation of 690.5; he noted that if the wall is constructed, the City will still have to do some temporary control measures for floods greater that a 50 -year event. There was discussion of the frequency of 50 -year events. Mr. Sanders provided a graphic of the location of the wall, along with the location of a possible amphitheater and trails /walkways. He also described the elevations of the wall and the parking lots. He reviewed the status of the project as of the present time: estimated cost is $11.5 million, with removal of contaminated soils estimated at $1.2 million. He noted that removal of the contaminated soils will be a City cost and the soils must be removed before the Corps will start its project. On a question by Councilmember Roush, Mr. Sanders said the soil contaminants are the result of the railroad operations and that he wasn't sure if there is any liability on the part of the railroad. City Administrator Hansen said he could check into the issue of railroad liability. In looking at the overall project, Mr. Sanders said the federal share of the costs would be about $8.5 million, with the City share of $2.8 million. Mr. Sanders noted that the City wants to get credit for land taken for the project, which should cover about 20% of the cost. It was noted the City has received a state DNR matching grant of $400,000, which would reduce its share. No matter what Special City Council Meeting May 14, 2010 scenario, Mr. Sanders said the City must make a minimum cash payment of 5% of the project cost, or $575,000. Mayor Harycki said one option might be to go back to the state with a request for funding to do something on a smaller scale. Mr. Sanders said currently, the City has $2.5 million in federal funds and $200,000 that the City contributed previously and the $400,000 matching grant from the DNR, or a total of $3.3 million, which is not enough to construct the project. Mayor Harycki asked if the $200,000 the City contributed previously is in reserve; City Administrator Hansen said that money is in a bank account controlled by the Corps of Engineers. Mr. Sanders said staff met with the Corps a short time ago to look at options and one option is to build the wall in stages and that the Corps would prefer to begin at the ends of the project area. At this point, Mr. Sanders said the City can only do a project with the Corps that costs no more than $2.5 million, the amount of federal funding. He stated that one option is a project from Nelson to Chestnut at a project cost of $2.5 million and federal share of $1.87; the non - federal share would be $625,000, but with credit would be $125,000 which the City already has contributed. Mr. Sanders suggested that the City could use the DNR matching funds for the land cleanup. He noted that power poles would have to be moved; that cost is estimated at about $200,000. Soil mitigation in that area is estimated at $500,000 - $600,000. Councilmember Polehna talked about the possibility of getting some state Legacy money to get the trail up to the needed elevation; he noted there is also a county Legacy program. Mr. Hansen spoke to the cost of federal dollars, suggesting that federal money is too expensive — it's cheaper for the City to do its own project. Mr. Sanders said a second option would be to complete the storm sewer the entire length of the project, grade Lowell Park and begin the amphitheater, which the Corps has indicated it would be willing to do. He stated that currently the parking lots drain toward the river; the elevation of the parking lots would be raised so they would drain to the storm sewer. He said soil mitigation would be done in the areas of the storm sewer only. He said this option would better prepare the City for flood control due to the storm sewers, drainage and the increased elevation of the parking lots and that this project option could be completed with available funds. When asked which option he thought was better for the City, Mr. Sanders said he believes this option is better because of the advantage for flood fighting along with the amenities of grading Lowell Park and the amphitheater. On a question by Councilmember Cook, Mr. Sanders said it was staff's recommendation to do Option 1 if the decision is made to pursue the project in stages. It also was noted Option 2 has the advantage of parking lot improvements. In discussion, Mr. Sanders said if the City had completed Option 2, it would not have had to do any temporary flood control this year at a cost of about $110,000. Page 2 of 12 Special City Council Meeting May 14, 2010 Councilmember Roush asked how much elevation would be gained in Option 2; Mr. Sanders said about 1' to 1.5' in most spots, which Councilmember Roush noted is about 20 -25% of the elevation of the flood wall. Mr. Hansen said he agreed with Mr. Sanders' recommendation. Regarding a possible start date for a project, Mr. Sanders said construction would begin next year at the earliest if the City gave the go -ahead immediately. Mayor Harycki suggested the possibility of beginning the soils mitigation and still pursing the possible liability on the part of the railroad; Mr. Hansen said he would look into that. During discussion about costs, it was noted there is funding set aside for Lowell Park improvements which could be utilized. Mayor Harycki spoke in favor of Option 2. Regarding temporary flood protection, Mr. Sanders said he looked at 5 different products; he described how the various products work and the cost for the products. Mayor Harycki suggested looking at these products again after completion of the Option 2 flood control plan. There was discussion of the soil mitigation. Mr. Sanders said the consultant has indicated that depending on the levels of the contaminants, it might not be necessary to remove the soil off -site; it can be treated on site by spreading. Councilmember Polehna wondered how the contamination got so bad when it was not considered a serious problem a few years ago; Mr. Sanders explained that the Corps standards are different than the PCA's standards. Councilmember Cook suggested perhaps having a mini presentation at a regular Council meeting before voting on this as this is such a major project. Councilmember Gag asked about the process if approved at this meeting. Mr. Sanders said he would first want to find out what has to be done with the soils. He said the Corps could be notified the City wants to proceed with the project and begin work on the plans and specifications while the City works on the soil mitigation, but in any case, the City has to have the soils mitigated before the Corps will start any work. In discussion it was noted that the project may not even be feasible depending on the soils, and the project could be the subject of an informational meeting at a later date if things proceed. Motion to direct staff to pursue option 2 passed unanimously. Parks Motion by Mayor Harycki, seconded by Councilmember Roush to direct staff to pursue Option 2 of the flood control plan as presented. All in favor. Councilmember Polehna suggested setting a policy regarding mowing, referring to the small open space areas that the City owns. Mayor Harycki said he asked that this be an agenda item to discuss what improvements can be made to Lowell Park as well as maintenance issues. Page 3 of 12 Special City Council Meeting May 14, 2010 Tim Moore, Assistant Public Works Superintendent, gave a presentation highlighting the current conditions of Lowell Park and possible park improvements. He said staff has been working for the 1.5 years at improving the turf in the park and that there are some major issues related to drainage. He said previous plans called for the area from Myrtle to Nelson to be more of a traditional, formal park, with the area from Myrtle to Mulberry more of an open, event area park. Things that can be done now either in -house or with local contractors include drainage improvements, along with installation of an irrigation system and replacement of the drinking fountain, upgrading the bathrooms, installing some landscaping and bituminous trail. Some future improvements that can be planned for in conjunction with a possible levee project include construction of an amphitheater, grading, resurfacing and realigning the parking Tots, and constructing the Commercial Street plaza. He stated that there is approximately $375,000 in funds for a Commercial Street plaza, along with approximately $535,000 for Lowell Park improvements. There was discussion about the plaza concept. Mr. Moore suggested the plaza is a more inviting way to bring people down to the park. Councilmember Gag said it also attracts more people to the north end and to the parking lot; he suggested talking with the gas station owner to see if there might be a way to add a restroom facility onto the station. City Administrator Hansen noted the plaza area may have to be shifted due to an issue with land ownership, as the existing plans show the plaza located on Water Street Inn property and negotiations related to a possible land swap have not been successful. Councilmember Cook asked if some improvements could be done at this time or whether the levee project would be so disruptive any improvement would be destroyed. Mr. Sanders noted that on the south end, there would be no grading; work would be confined to the parking Tots. North of Myrtle, Mr. Sanders said the work would be more disruptive. He said of the improvements Mr. Moore talked about, installation of the irrigation system would disrupt portions of the park. Councilmember Cook said she would love to see a formal park, the way Lowell Park used to look with a large fountain, planting and seating areas. She felt that this was a big ticket item but one that would generate a lot of public interest for volunteer initiatives. Councilmember Gag said he thought all the local service groups would come together to support a visible project. Mr. Sanders said the most important thing before doing any improvements is the grading and installation of the irrigation system. City Administrator Hansen pointed out that the north and south portions of the park are very different — the south seldom floods, while the north is designed to be flooded so whatever improvements are put in, whether shrubbery or trees, will have to be able to withstand flooding even once the levee project is completed. Page 4 of 12 Special City Council Meeting May 14, 2010 Councilmember Cook said she thought it would be important to put together a package to get people's attention and generate interest in participation; it was noted those plans are already in place. Councilmember Cook reiterated that she would like to do something to the park now. Mr. Moore spoke to the importance of installing the irrigation system, noting that the existing water system in the southern portion of the park is very old and labor intensive. It was consensus to focus initial efforts on south Lowell Park. Mayor Harycki suggested that perhaps Mr. Moore start by going to the Park Board indicating the direction to focus on south Lowell Park and what can be done with the $375,000 in available funding; Mr. Moore said that process has already been started. Mr. Moore pointed out that there are no costs associated with the plans in place. There was discussion as to whether installation of the irrigation system in the south portion of the park should be done in conjunction with the parking lot improvements due to the potential need for grading to change the elevation of the lots. Councilmember Cook suggested that simultaneous with the infrastructure work, plans should be put out to the public to generate interest for possible fundraising for the future improvements. Councilmember Gag said it would be important to emphasize that these are plans that have been in the works for many years and not frivolous spending, with money put aside for the improvements. Mr. Moore asked the Council how it wished the $535,000 for park improvements allocated — whether it should be split between north and south or some funds reserved for irrigation of the north end. Councilmember Polehna suggested having staff come back with a recommendation; he thought the only direction should be to "do it right." Mayor Harycki suggested waiting on the plaza concept until Community Development Director Turnblad comes back with revised plans. Councilmember Cook asked if staff could price out some items, such as fountains and shrubbery for the purpose of fundraising. Regarding the issue of maintenance /mowing, Mr. Moore stated he had worked with a member of the University Extension Service to develop a turf maintenance program to begin to look at this issue. He said the result was a document that talks about maintaining turf in the parks and public properties. He said the document divides the parks into three specific maintenance categories whereby the most used parks receive the highest level of maintenance. He said staff started working with that plan this year. In addition, they looked at what is currently mowed and frequency of mowing and are working on a mowing plan as well. He said he views these as maintenance plans, rather than policy. Councilmember Polehna suggested that the Council needs to give its support to the plans; he suggested that Mr. Moore come back with a plan that addresses maintenance of ice rinks, ball fields, etc., as well as the mowing and the frequency of mowing. Page 5 of 12 Special City Council Meeting May 14, 2010 Councilmember Roush reiterated that the issue with mowing is frequency of mowing, not discontinuing mowing of certain areas altogether. Councilmember Polehna suggested that not all areas need to be mowed and should be left in a natural state. Mayor Harycki said he had received a call regarding boat mooring downtown and the request to make it more public friendly; he also referred to previous discussions regarding a public boat launch. City Administrator Hansen said he thought there should be a public boat launch but that he would like to see it owned by the DNR, rather than the City, so the DNR is responsible for maintenance, operation, etc. Mr. Hansen said a boat launch is another amenity the City cannot afford to maintain, but suggested that the City ought to work with the DNR and secure land, if necessary, for a launch. Councilmember Roush suggested that the City not give the land outright, but perhaps lease the property in the event that the other agency ceases to operate the launch. Mayor Harycki suggested that an outside vendor might be interested in operating the launch for the City. Councilmember Polehna suggested that an honor system could also work. There was discussion of possible sites for a launch, with the Cayuga site the preferred site. It was decided to refer this issue to the Parks Board. There was discussion of the public docks; Mr. Hansen noted the City does not own the dock/slips, but Mr. Anderson is required to provide a certain number of slips to the public. It was suggested that the availability of the public docking ought to be better advertised /signed. Mayor Harycki suggested the issue of signage for the public docks be referred to the Parks Board suggested staff be directed to look at immediate, low cost plans for a public boat launch. Review of last year's agenda Mayor Harycki said in looking at last year's agenda, the Council has accomplished, or is in the process of accomplishing, about 90% of the priorities /tasks. He briefly reviewed the various items. There was discussion of possible armory sites. Regarding City bidding practices, Mayor Harycki asked whether the Chamber had been provided a list of bid items and asked that if that has not been done, the list be sent to the Chamber and perhaps the IBA. Mr. Hansen spoke of savings realized in some of the new bidding. Regarding code enforcement/rental properties, Mr. Hansen noted a packet had been sent to the property owner in question on Sherburne Street and that owner has 90 days to take care of numerous items. He said another letter will be sent to a property owner on Third Street, with a third property to be handled according to state law. The meeting was recessed at 11:50 a.m. Page 6 of 12 Special City Council Meeting May 14, 2010 Mayor Harycki called the recessed meeting to order at 1:10 p.m. Mayor Harycki noted that Councilmember Roush was absent. Watershed District relations Mayor Harycki noted that the City contributes $35,000 a year to the Middle St. Croix Watershed Management Organization. In addition to the difficult budget times, he pointed out that there is a double taxation involved. He noted that as a resident of the Brown's Creek Watershed District, he pays a separate tax to that entity and as a resident of the City pays a tax to the Middle St. Croix Watershed Management Organization, whereas a resident of the City in the Middle St. Croix Watershed doesn't pay a tax to the Brown's Creek District. Mayor Harycki wondered whether there might not be some value to pushing for the dissolution of the Middle St. Croix Organization and splitting it off into the other adjacent watershed districts. City Administrator Hansen said staff has contacted several Middle St. Croix members and they are not interested in letting the City out of the organization but it appears there are other ways to accomplish that which staff could investigate. Mayor Harycki also noted that each of the watershed organizations has their own rules which they want the City to adopt and follow which complicates matters for engineering staff. Councilmember Polehna pointed out that there is no one watching out for the City's interest on the Brown's Creek board, whereas an elected City official is a member of the Middle St. Croix to ensure the City's interests are heard. Mayor Harycki agreed there is a risk that in creating a large watershed district, the City's interests could get pushed aside. In discussion, it was noted that the Middle St. Croix doesn't have taxing authority and projects are grant- driven, so, for example, if a project is proposed for Lake McKusick, the City would either have to fund the project or grants would have to be received. It was agreed to invite Middle St. Croix representatives to the joint meeting with Brown's Creek on June 2 and ask the two watersheds to provide information on recent projects that have impacted Stillwater, planned future projects, and the percentage of funds being spent in Stillwater and being spent outside of Stillwater. Work plan, department objectives Mayor Harycki said the work plan was initiated so as not to forget to follow up on scheduling a meeting or other action. City Administrator Hansen said he has found that the work plan helps keep things on track. Councilmember Cook asked about the energy audit that was supposed to have been scheduled; Mr. Hansen said he had contacted the person again and he is still planning to do the audit as promised. It was agreed to add energy audit to the July work plan, with the update on the boat launch the end of June. It was agreed to add a flood wall update and Lowell Park update to monthly staff reports to the Council. Page 7 of 12 Special City Council Meeting May 14, 2010 Mr. Hansen noted that last year the Council made the decision to shift the emphasis of Community Development Department to economic development once the Comprehensive Plan update is finalized. Mr. Hansen said Community Development Director Turnblad will go through a training process in economic development. Mr. Hansen noted that the job stimulus law changed some of the TIF laws to stimulate the economy and will allow the City to make economic development loans, a revolving loan fund. Mr. Hansen said the City has several TIF districts that have been accumulating funds that will have to be given back, redistributed to the various taxing districts, if not used. Mr. Hansen said he has been told that if the funds in question are expended before December 31, 2011, the funds are not considered TIF money, but if not expended before that time ,revert back to TIF money status. Mr. Hansen said he would propose to get the loan fund set up to see if there is any interest and that the money could be used for any activity that would generate jobs or commerce. In discussion, Mr. Hansen said the loan money would not have to be spent in a specific TIF district. There was discussion about the amount of City control; Mr. Hansen said certain criteria would be established and the Council would have to approve any loans. There was discussion of possible uses and possible criteria. Mr. Hansen said he would investigate this further and report back at the first or second meeting in June with a better explanation of how this loan program would work. Regarding department objectives, Mayor Harycki said economic development should be a big focus for planning. Councilmember Polehna suggested performance measures should be developed by the various departments; Mayor Harycki suggested that is an administrative function /priority. Councilmember Gag agreed there needs to be performance measuring sticks. Councilmember Cook agreed that the City needs to move in that direction. It was suggested that Mr. Hansen talk with the Washington County Administrator to get some ideas for the department performances measures /benchmarks. Mayor Harycki noted that Lowell Park and maintenance plan would be a priority for parks department. Regarding administration, it was noted that performance standards and economic development would be a focus for the upcoming year. Regarding fire and police, Councilmember Cook said she would like the department(s) to stay on top of code enforcement. Regarding engineering department, Councilmember Gag spoke of the good job Mr. Kraftson does with the street projects and keeping the public informed. Mr. Hansen pointed out the city is changing with fewer large developments that will take place in the future and fewer street projects other than the annual street improvement project, so engineering department personnel likely will have to be reduced beginning in 2011. Page 8 of 12 Special City Council Meeting May 14, 2010 Regarding possible restructuring, there was discussion of police /fire /ambulance responses to emergency calls; Councilmember Polehna talked about the need for sharing of services and equipment with neighboring communities in the future. Councilmember Gag asked Mr. Hansen where the City stands regarding the budget. Mr. Hansen said he believes the City will be alright for 2010, but that he will have a better idea about 2011 in the very near future. He expects local government aid will be a thing of the past and is assuming the state will take the HACA funds again. Mr. Hansen said the following year, once past the election, the state might be willing to look at the market value homestead credit and have the fortitude to discontinue a program it can't afford. Mr. Hansen said he expects the decline in home values to show up at about 15 %. Regarding the library, Councilmember Gag asked if the Council can't request a budget report and relay its expectations regarding reductions; Mr. Hansen said he had informed the library of the expectation for budget reductions of about $50,000. Councilmembers asked that a library representative be asked to attend an upcoming council meeting with an update. Regarding finance, Mayor Harycki said he would like to see regular controller reports to the Council. Volunteer initiatives Budget Mayor Harycki said the City has had the opportunity to save money through volunteer service. He said he would like to have department heads put together a list of volunteer opportunities, big and small. There was discussion of various opportunities. Mayor Harycki suggested that the amount of money saved through volunteer service might be a valuable benchmark to include. Mayor Harycki said he would like to see a Zink on the web page and a contact person. Councilmember Polehna talked about the potential benefit of establishing a memorial program. Mayor Harycki noted that the City is budgeting on the assumption of 0% salary increases and suggested that if a union demands 3 %, for example, he would be willing to step down a position to balance that. On a question by Councilmember Cook, Mr. Hansen said he looks at the entire City when doing the budget, but also at individual departments as some departments are able to give more than others. Mr. Hansen said he looks at the impact on citizens; he said he believes the City is at about the limits when citizens will not feel the difference in the budget situation. Mr. Hansen noted the City is down 17% in FTEs. Mayor Harycki suggested that while volunteers cannot fill that gap, they might help make the impact less noticeable by adopting a flower bed or painting the gazebo, etc. Page 9 of 12 Special City Council Meeting May 14, 2010 Councilmember Cook wondered if there isn't something that can be done about the Metropolitan Council and its costly requirements; Mr. Hansen noted the Met Council raised its sewer rates, the City didn't raise its rates and has been absorbing the difference for the last year, and he suggested that Met Council would be raising its rates again due to the lack of revenue from new connections. There was discussion about the cost of storm water projects and cleanup efforts, with Mr. Hansen noting that cities contribute about 10% of the problem and are expected to fund 90% of the cleanup efforts. He stated the City expends about $200,000 a year on storm water issues, without making a dent in the problem. Mayor Harycki pointed out the budget going forward to 2011 isn't a zero increase; it's a negative amount by $200,000 - $300,000. There was discussion of emergency medical calls and how those calls are handled; Mayor Harycki suggested taking a look at how all these calls are being deployed. Mr. Hansen said it was his understanding that police no longer respond to all the medical calls. Mr. Hansen noted the City currently uses a 24 -7 staffing model and that he isn't sure the City can afford to continue to utilize that model 5 years from now. He said those are things that will have to be on the table in the not too distant future. There was discussion about combining services and consolidation. Mayor Harycki suggested the possibility of changing the staffing model to require the assistant fire and police chiefs to pull regular shift, rather than do strictly administrative work. There was discussion of going to a public safety department or volunteer fire department. On a question by Councilmember Polehna, Mr. Hansen said he did not have any real good ideas for cost containment in moving forward with the budget process that haven't already been done. He stated that staff is continually looking at new contracts and how to consolidate and has been pretty successful at doing that. Mr. Hansen referred to ideas such as the Dairy Queen at the Recreation Center at looking outside of the box; there was discussion of some of the specifics of the proposal. Councilmember Cook said she had asked that cost containment be on the agenda due to her discomfort with some of the bills on a regular basis. She said she knew there have been some practices put in place since the last retreat session that have been effective but wondered if more can be done; she wondered if all departments are aggressive at looking at grants and other funding sources. Lumberjack Days boat mooring Mayor Harycki suggested talking with Mr. Anderson about getting better signage and perhaps setting a temporary time limit, three -hour limit, for example, on the slips; he suggested that a time limit might be good for the entire summer season. Councilmember Cook talked about a recent problem with exhaust from one of Mr. Anderson's boats, which she said is impacting the community at a whole. Mayor Harycki also suggested asking Mr. Anderson about the possibility of a Page 10 of 12 Special City Council Meeting May 14, 2010 Armory temporary dock during the LJD. Mr. Hansen suggested getting some input from the police department before moving forward. Councilmember Polehna stated members of the Red Bull Division will be Lumberjack Days parade grand marshals and that the Yellow Ribbons Committee would like to do something special for those returning veterans; he inquired about providing free admission to the Chicago concert as the City's contribution. No action was taken on that suggestion. Councilmember Polehna asked about the status of the Veterans' Memorial issues; Mr. Hansen said a representative had been before the Heritage Preservation Commission with a request to place a plaque at the site and the HPC declined to approve the suggested verbiage. Mr. Hansen said the person went ahead and purchased the plaque anyway and likely will go before the Council with the request to install it; Mr. Hansen suggested the issue is the result of this person's attempt to take over the parking lot and eliminate the farmers' market use. There was a question about the maintenance contract; Mr. Hansen said there is still time left on the contract with the Veterans' Memorial Association but that he would not recommend that it be renewed as the Association is essentially one person at this time. Mr. Hansen said as far as he knows the maintenance duties are being fulfilled; but if a maintenance issue does arise, he would recommend that the contract be voided. Councilmember Polehna talked of some recent developments, with the Guard indicating that it will be receiving $12 million in 2013 and wants to put an Armory in Stillwater. The Colonel he talked with indicated that the 20 acres required doesn't have to be contiguous and can be mixed with school or other uses. Councilmember Polehna brought up the site off Myrtle Street recently proposed for a senior living complex, a project that appears will not be proceeding. Mr. Hansen said he would set up a meeting with the Guard representatives. Councilmember Polehna said he was looking at this in conjunction with the community center proposal and his effort to get all the area communities involved and participating. Other items Councilmember Cook said she thought it would be good to have the traffic committee report to the Council on a regular basis. Councilmember Polehna suggested it would be good to have two retreat sessions a year. Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 3:51 p.m. All in favor. Ken Harycki, Mayor Page 11 of 12 Special City Council Meeting May 14, 2010 ATTEST: Larry D. Hansen, City Administrator Page 12 of 12 111 CICTM►lA CC Sf ■ICCE►11tA MINUTES CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street June 1, 2010 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders OTHER BUSINESS Workshop — Brown's Creek Watershed District Craig Leiser, president of the Brown's Creek Watershed District, called the special joint meeting with the City Council to order. He noted that all Brown's Creek managers were present with the exception of Mr. Johnson. It was noted that David Beaudet was present, representing the Middle St. Croix Water Management Organization, along with the Middle St. Croix WMO administrator, Amy Carolan. Summary of 2009 water quality data Prior to the presentation of the data, Karen Kill, Brown's Creek administrator, and Ms. Carolan reviewed the jurisdictions of the two organizations. It was pointed out that the Middle St. Croix is a joint powers agreement with 10 communities from Stillwater to Afton; in Stillwater, it monitors McKusick Lake, Lily Lake and Brick Pond. Brown's Creek Watershed District has jurisdiction over Brown's Creek itself, along with Long Lake and the tributary toward the McKusick Lake diversion structure, Ms. Kill explained. Ms. Carolan reviewed the water monitoring data for Brick Pond, highlighting total phosphorus content and Secchi transparency. Overall, she reported that the water quality grade improved from a C to a B- in 2009. Lily Lake received an overall water quality grade of B +, also an improvement from the year prior. She stated that while at this time no significant trend can be determined for water quality at Lily Lake, monitoring indicates that, in the short-term, total phosphorus content is decreasing; and that Secchi transparency readings also were within the eco region threshold. McKusick Lake does show a statistically significant improving trend for average Secchi transparency as well as average total phosphorus. She said the overall grade for McKusick improved from a C+ to a B between 2008 and 2009. City Council Meeting June 1, 2010 Ms. Kill reviewed the data for Long Lake. She said in 2009, for the first time, monitoring was done in three locations to determine if the data from the deepest, most northern part of the lake is representative of the entire lake. She said there is a statistically significant improving trend for the lake for both average Secchi transparency and total phosphorus; the overall grade for the lake in 2009 was a C +. She noted that readings for the middle and southern most portion of the lake were slightly poorer than the deep portion and that monitoring at three different locations will be continued in 2010. On a question by Mayor Harycki, Mr. Leiser noted that all of the lakes in question are on the edge of being called eutrophic; a lake considered to be near the end of its natural life cycle, shallow and filled with organic debris and with no significant external water supply. He stated with no external water supply, you are forced to deal with water is coming into the lake through runoff, which is what the watershed district has been doing, starting with Long Lake and its feeders, all of the little frontage ponds. By trying to control input from those feeders, the quality of Long Lake is improving along with the water that comes out of Long Lake. Mr. Leiser spoke of the city's AUAR plan and concern about water quality that resulted in the construction of the diversion structure that diverted water from Long Lake from flowing directly into Brown's Creek to flow through McKusick. He stated that there is great concern about the quality of water coming from Long Lake so it does not negatively impact the quality of McKusick. He noted that scientifically, Lake McKusick water quality is improving; one of the problems, he said, is that as water quality improves, light is able to penetrate farther down into a lake, which leads to plant and algae growth at a greater depth. He said there are some subsidiary sources of phosphorus from the exit of Long Lake through the Jackson Wildlife Management Area through the wetlands that lead up to the diversion structure. Mr. Leiser continued by saying that there are some limited springs in the area of the diversion structure and that the Brown's Creek Watershed District has asked its consultant, Emmons & Olivier, to do a more in depth analysis of the diversion, what is happening and what more can be done to improve water quality. Diversion drainage analysis Cecilio Olivier, Emmons & Olivier, reviewed the summary of the diversion drainage analysis. He said the study looked at the sampling data from the three main branches draining into the diversion structure. He reviewed the project approach and data preparation. He said the analysis indicates from downtown stream to upstream the total suspended solids and total phosphorus increase as you get closer to the diversion structure. He said the water quality coming out of Long Lake is pretty good, and he said the quality at the diversion structure is not too bad. He stated that the conclusion is that there is a significant amount of wetland before the diversion structure that acts as a buffer and significant amount of groundwater that dilutes both total suspended solids and total phosphorus. He suggested that to improve the quality of the water coming out of the diversion structure, efforts should be concentrated in the area of developments that took place before rules were in place to determine which discharge points, and which particular developments are producing the increases in suspended solids /total phosphorus. He stated that rather than do a big project Page 2 of 18 City Council Meeting June 1, 2010 at the diversion structure, a more reasonable approach would be to pinpoint the discharge areas that are contributing to the problem. He noted, for example, that while the Long Lake /Jackson area represents about half of the area, it contributes very little to the total Toads. On the other hand, the Boutwell area contributes just 6% of the drainage area but 12% of the total Toads and the west branch, which is just 1% of the total area, contributes 20% of the total loads. His presentation also reviewed historical data for McKusick Lake, which seem to indicate that the total loads coming from the diversion structure have not had a significant effect on the water quality of McKusick Lake. There was discussion of the possible impact of the recent low rainfall years on the results. He said results show that Lily Lake also has a higher impact on loads versus total drainage area to McKusick. He said the conclusion is the recommendation to do further monitoring of specific areas, a targeted approach. Mr. Leiser said the watershed district is moving monitoring sites upstream in an effort to identify where the phosphorus concentrations are coming from and to identify where it might make sense to put in treatment facilities of some type or another. Bruce Werre, McKusick Water Association chair, stated that the snowmelt flushing at the diversion structure has not been addressed and that is where the phosphorus and subsequent algae blooms is coming from. He said the snowmelt at the diversion structure has the highest total suspended solids and phosphorus and is responsible for the algae blooms. He also stated that no one is addressing the aesthetic problem on the lake, and expressed his frustration with the condition of the lake, which saw the earliest ever algae bloom. Mr. Olivier stated that there is a tool in place, the weir, at Long Lake that can be used to manage snowmelt volumes from that body. Bob Olson asked who is responsible for the "sewer- looking" appearance of McKusick Lake. He said it seems there are so many entities involved that no one has responsibility. Mayor Harycki stated all those represented at the meeting — the City, Brown's Creek Watershed District and Middle St. Croix WMO share responsibility. Mayor Harycki pointed out that before the past few years; there hadn't been a lot of face -to -face conversations between the three parties such as this joint meeting. Mr. Olson asked about the plan to correct the appearance of the lake — the cost and when it will be done. Mr. Beaudet noted that McKusick Lake is in the Middle St. Croix WMO and according to the joint powers agreement of the WMO, it is the City of Stillwater that will ultimately make a decision /proposal on a plan of action and it also will be up to the City to fund any proposal. Mr. Beaudet talked about the unintended consequences of cleaning up the sediment in the lake — allowing sunlight to penetrate, which generates the algal blooms. Mayor Harycki said the frustration in deciding on a plan has been the need to pinpoint the source of the problem, referring to the recently presented studies which indicate that 2% of the drainage area is contributing 20 -30% of the phosphorus load. Page 3 of 18 City Council Meeting June 1, 2010 Water quality improvement projects Ms. Kill spoke of the many small projects, 151 since 2007, that the Watershed District, the City and WMO have completed, many through grants with participating homeowners, that have resulted in an annual phosphorus reduction of about 230 pounds from the overall system. She said one larger project resulted in the removal of about 30 pounds of phosphorus annually from the Curve Crest holding pond. She said it is estimated that a 1 pound reduction in phosphorus can result in the reduction of 300 -500 pounds of algae so the projects that have been completed represent a significant accomplishment. Ms. Carolan stated the Middle St. Croix WMO received a grant from the Board of Soil and Water Resources for a storm water audit program, an educational program targeted at residents living along Long Lake, Lily Lake, McKusick Lake and Brown's Creek to inform residents of actions they can do on their own properties to help clean up the water bodies. She said residents received a mailing offering them the opportunity to have folks from the Watershed come out and walk their property with them and talk about things they can do to improve water quality. She stated an open house was held for residents around Lily Lake to talk about issues related to storm water runoff; this summer and that the WMO will be doing a sub - watershed assessment within the Lily Lake and McKusick Lake sub - watersheds to look at projects the WMO might be able to take on through its best management practices program, to target projects to get the most bang for the buck. Mr. Leiser spoke of the little changes everyone can make to improve water quality and the personal responsibility that everyone bears in correcting the problems. Councilmember Roush asked whether it was correct that lawn fertilizers no longer contain phosphorus. Mr. Leiser said state statute prohibits phosphorus in lawn fertilizer but products containing phosphorus are still available in Wisconsin and can still be purchased in many stores as phosphorus is allowed for agricultural use, as well as in products for establishing new lawns on bare ground. Councilmember Roush suggested that the City should look at regulating the use of phosphorus- containing products and /or enforcing the ordinance already in place that bans the use of such products. Councilmember Roush asked whether it is the City's responsibility to remove the vegetation of concern to residents or if that will ultimately disappear with the removal of the phosphorus. Mr. Leiser said there is a joint project going on now along the eastern side of Long Lake which involves replanting of native species of plants both for erosion control and to trap runoff as it comes in from Croixwood on the east side of the lake. A McKusick Lake resident asked what is going to be done in the short-term to deal with the algae /vegetation growth, saying his property values will be affected and the City will lose tax base and felt there should be more action, like harvesting, and less paperwork. Page 4 of 18 City Council Meeting June 1, 2010 Mayor Harycki spoke of the City's budget problems and the decision to look for a long -term solutions rather than expending money on a Band -Aid approach, such as harvesting of the weeds. There was discussion as to how many years it might take for McKusick Lake to reach a point of equilibrium. Councilmember Roush asked whether harvesting the lake on a regular basis would be of benefit or if the problem would keep coming back. Mr. Olivier responded that it is an illness — if the illness is not cured, the symptoms keep coming back. A McKusick Lake resident said the algae problem improved the year following harvesting; he also questioned the suggestion that sunlight can get through the "crud" that is on the lake. There was a question as to whether golf courses in the drainage area are being monitored for phosphorus. Mayor Harycki asked if there is anything that can be done right now that will be of benefit, other than harvesting and small little projects. Mr. Leiser said Brown's Creek Watershed will continue to small projects with cooperating landowners with each such project having a cumulative effect and that the District will continue to monitor in more finite detail to try and discover that single source where the water is coming in loaded with phosphorus and treat the water at that point. Margaret Boettcher expressed concern about landowners encroaching into the parkland along the east side of Long Lake between Nightingale Boulevard and Marine Circle, where certain property owners have been clear cutting beyond their property down to the Lakeshore, as well as blocking public access to the parkland. She provided a petition asking the City Council to enforce the boundaries, put up signage and restore the park access. Mayor Harycki said City staff would work on this problem. Other opportunities for collaboration Mr. Leiser spoke of the presence of buckthorn along Long Lake and said he thought a buckthorn removal project would be a good collaborative effort. Mr. Leiser noted that Brown's Creek itself is an impaired water body due to low oxygen level, high sediment value, as well as impairment due to high copper content. He said it appears the copper content is from runoff from properties where copper sulfate containing algaecides have been used to treat small, private ponds and storm water holding ponds. Ms. Kill noted that the Watershed District has spoken with the golf course regarding best management practices to avoid the use of copper containing products; and noted the Watershed District had received a grant to work with Stillwater Country Club on water quality improvement projects aimed at reducing total suspended solids. Mr. Leiser said the Watershed District will continue its monitoring efforts for Brown's Creek, Long Lake and the other bodies and water transport bodies between Long Lake and the diversion structure and will expand its monitoring in Page 5 of 18 City Council Meeting June 1, 2010 an effort to identify the source of the phosphorus input. He noted that alum application is not very effective in a slow- moving body. He said there is new technology coming out of the University of Minnesota that involves a sand /iron filter that apparently on small processes has the ability to trap phosphorus in the iron fillings and that technology will be looked at as a possibility for use in drainage ditches, but said further research will be needed to determine whether that technology is applicable to the McKusick Lake loading. Councilmember Roush, said as the representative for the McKusick Lake residents, he would be advocating for them during budget time in an effort to set aside funds for some harvesting or some action to address the problem at the lake. Ms. Carolan suggested folks can work with their neighbors to implement best management practices and said Middle St. Croix staff would be happy to be of assistance. The Brown's Creek Watershed District meeting was adjourned on a motion by Mr. Vanzwol. Mayor Harycki recessed the City Council meeting at 6:30 p.m. RECESSED MEETING 7:00 P.M. AGENDA Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff: 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 Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the May 18, 2010, regular meeting minutes. All in favor. OPEN FORUM Bruce Werre, 1314 Meadowlark Drive, representing the Lake McKusick Water Association, showed photos of the algae bloom on the lake. He talked about the short-term solutions, such as treating the lake with alum, as well as filtration at the diversion structure and harvesting the algae, perhaps by the City in cooperation with volunteers. He also mentioned the possibility of the application Page 6 of 18 City Council Meeting June 1, 2010 of barley bales. He asked that during the budget cycle, a certain amount of the storm water fees be dedicated to the aesthetic cleanliness of the City lakes. He suggested the possibility of using the taxing authority of the Brown's Creek Watershed District to help fund a short-term solution, as well as continuing to apply for grants and other outside sources of funding. He said it is time to do something in the short term and treat the lake like the park that it is. Mayor Harycki asked Mr. Werre to pass along information he might have, such as the cost of the barley bales, to the City Engineer. STAFF REPORTS Police Chief Gannaway reported the Stillwater Marathon held the previous weekend was relatively incident free; he noted the course was shortened about 4 hours into the race due to the medical concerns regarding the heat. He said there were several minor complaints received about the marathon. He reminded the community that the Department was participating in the Safe and Sober campaign for seat belt use and urged folks to buckle up. At the request of Mayor Harycki, Chief Gannaway explained the Safe and Sober program, which is funded by the state. Fire Chief Glaser stated his department was busy during the Memorial Day weekend with several motor vehicle accidents, the first St. Croix River distress call of the season, as well as the marathon. City Clerk Ward reported on the tremendous success of the recent hazardous waste collection event. She thanked the Public Works employees for their efforts at the event. Councilmember Polehna thanked Ms. Ward for her organization of the event and has heard positive comments. Ms. Ward reported on the candidates who had filed for the upcoming elections; she noted there will be a primary for the mayoral election. Mayor Harycki noted that Councilmember Gag had not filed for re- election and expressed appreciation for Mr. Gag's service. Community Development Director Turnblad reported that the parking ramp has averaged about 72 sales per day, about a quarter of the available spaces. He said it is hoped sales will go up during the upcoming summer season and noted the directional signage will be installed soon. He said the largest ramp revenue source has been the monthly parking permits. He stated that the overall numbers are low but that was expected in the first year. Mr. Turnblad said the Metropolitan Council's population estimate for the City is 18,200, with 7,200 households. Finance Director Harrison said the department is finalizing the financial statements, which will be presented at the next Council meeting. She said staff is also working on the 2011 budget and that process is currently on schedule. City Administrator Hansen reported that he had received a number of positive comments on the marathon. He also said staff is continuing to work on some problem properties. Page 7 of 18 City Council Meeting June 1, 2010 CONSENT AGENDA 1. Resolution 2010 -80, directing payment of bills 2. Resolution 2010 -81, a resolution adopting the 2030 Stillwater Comprehensive Plan Update 3. Resolution 2010 -82, resolution authorizing execution of agreement with Minnesota State Patrol relating to Safe & Sober 4. Possible approval of temporary liquor license — September 12, 2010 — St. Mary's Church 5. Replacement of turf at the St. Croix Recreation Center 6. Resolution 2010 -83, approving Minnesota Premises Permit for lawful gambling for American Legion Post 491, located at the Cherry Bowl, 317 Main Street South, Stillwater, MN Councilmember Roush asked about item No. 3, whether there is anything in the Comprehensive Plan that relates to the item on the agenda regarding the School District's request for a Comp Plan and Zoning Map amendment. Mr. Turnblad said the Comprehensive Plan includes a future land use map which might have to be changed depending on the Council's action. Mayor Harycki asked whether action on this item should be pulled; Mr. Turnblad said until the Comp Plan update is adopted, the Metropolitan Council will not consider amendments to the plan. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for the public hearing to consider the issuance of a new wine with strong beer liquor license to Oasis Cafe, Inc., DBA: River Oasis Cafe, located at 806 Main Street S. Applicant: Craig Beemer. Notice was published in the Stillwater Gazette on May 19, 2010. City Clerk Ward noted that approval should be conditioned on approvals by police, fire, finance, building department and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -84, approving the issuance of a new wine and strong beer liquor license (River Oasis Cafe). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 8 of 18 City Council Meeting June 1, 2010 Case No 2010 -16. This is the date and time for a public hearing to consider a request from BWBR Architects, representing Stillwater Area Public Schools, Raymond Queener, for a Comprehensive Plan Amendment and Zoning Map Amendment to amend the area located at 1850 South Greeley, 1792 South Greeley, 1862 South Greeley, 1825 and 1845 Industrial Blvd from Business Park Industrial District to Business Park Commercial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 21, 2010. Community Development Director Turnblad reviewed the request for a rezoning to accommodate the District's early childhood /family education programming. He noted there are five parcels involved, three on Greeley Street with existing buildings and two vacant parcels on Industrial Boulevard; the proposal is to rezone the three properties on Greeley from industrial to commercial and leave the two vacant properties zoned as they currently are — zoned industrial. On a question by Mayor Harycki, Mr. Turnblad reviewed the existing land uses, noting there currently are many properties throughout the area that are zoned industrial but utilized for non - industrial /commercial uses. Mr. Turnblad noted when the Planning Commission looked at the proposal, the request was to change all five of the parcels to commercial and there was a lot of discussion and concern about spot zoning. He stated that proposal has changed to rezone just the three parcels on Greeley Street, and the School District has expressed a commitment that the vacant parcels would not be used for school activity purposes. He said staff believes this proposal is much more acceptable and if the Council approves, there are three conditions staff would recommend — any Comp Plan or rezoning doesn't become effective until a special use permit is issued; when the special use permit application is made, the traffic impact study must be submitted as well; and that the two parcels north of the former UFE site remain zoned commercial rather than switch to industrial as indicated in the updated Comp Plan. Councilmember Roush asked about the implications for an existing TIF district and the loss of the properties from the tax rolls. City Finance Director Harrison said two of the five parcels in question are in TIF District 1 and generate about $69,000 in TIF revenue, with no dedicated projects for that revenue at this point. She said TIF District 1 will be required to be decertified in 2011 and go back to the general tax rolls, so a portion of that $69,000 will go back to Washington County and the School District. On a question by Mayor Harycki, Ms. Harrison noted that TIF funds can only be used on specific projects in the TIF District and are not a part of the City's general fund. She continued by stating that once a TIF district is decertified and the funds redistributed back to the various taxing districts, the City can use those funds for whatever purpose it chooses — to pay off bonds, for street improvement projects, etc. Raymond Queener, Assistant Superintendent for Business and Administrative Services for Stillwater Area Public Schools, reviewed the proposed project. He said the primary immediate interest would be to remodel the main UFE facility to house the district's Early Childhood program, Courage Center St. Croix's pediatric programs and Northeast Metro 916's oral and auditory program and Page 9 of 18 City Council Meeting June 1, 2010 potentially a private child care. He reviewed the mission and services of the early childhood programs. He spoke to the collaborations involved in the project, noting that 27 percent of the clients served are shared among the collaborative partners; co- locating the agencies provides a great asset for parents and a more efficient operation for the School District. He spoke to rezoning issues, noting that Greeley Street currently has a commercial feel to it. He reviewed the proposed uses of the existing buildings, pointing out that two of the buildings would be used as they were by the former owner — one building for storage and another for office space. He talked of the proposed use for the vacant parcels to the west, a third access into the property for parent drop -off and the few special education buses that transport students; and there will be no programming or student use taking place on those parcels. He addressed the issue of the number of employees and time of operation. He briefly addressed the issue of tax revenue, noting that the UFE properties represent about .2% of the tax base, and he pointed out that the early childhood family center is viewed as a point of destination with the services provided serving a broad population with brings parents and families into town. He also noted that the proposed collaboration will reduce the amount of money the school district will have to levy against district residents. He spoke to the project timeline should the Council approve the request, and he spoke to the many areas of cooperation with the City. Councilmember Polehna noted the City is looking for a fire station site in the area of the Jaycee ball fields and wondered whether the School District could help out the City in the long term; Mr. Queener suggested that given the past record of cooperation, it is something that could be discussed further. Mayor Harycki opened the public hearing. Paula Heemer, 855 Eagle Ridge Lane, Stillwater, early childhood special education lead for the School District, spoke of the importance of early childhood education and the advantage of the proposed partnerships with Courage St. Croix and Intermediate School District 916. She urged the Council to support the requested rezoning. Diane Polasik, 14220 94 St., donor advisor for the Lee and Dorothy Whitson Foundation, stated the Whitsons gave a bequest to the Stillwater Area Schools in 2002 specifically for a new early childhood family center. She spoke of the Whitson connection to the Valley and their support of education, noting that in addition to the initial $1 million bequest they later gave another $1 million endowment fund to provide for ongoing early childhood program development. She, too, spoke of the importance and potential of early education and urged the Council to support the request. George Hoeppner, 6175 Paris Ave., Chair of the School District 934 School Board, reviewed the School Board's initial concerns about the value of the programming, the cost to taxpayers and the desire to utilize existing buildings that are centrally located. He noted that research has shown that investments in human capital prior to kindergarten provide a high public return and can make a substantial impact on the success of children's future as students, workers and citizens. He noted that various options were screened until it became obvious that the best value for the money was the Greeley site under discussion. He said Page 10 of 18 City Council Meeting June 1, 2010 the School Board unanimously agreed to take advantage of an existing empty building that could be remodeled for ECFC use, which allows the green space to be developed later as the Council sees fit. He said it is the School District's intent to be good stewards of the property. He said in the end the School Board agreed unanimously that the Greeley Street site answered all of its concerns and would create a positive impact for both the City and the School District. He urged the Council to provide stability along Greeley Street by supporting the District's efforts to invest in the future of the St. Croix Valley. He, too, suggested that the School District would be willing to look into the possibility of assisting the City with the fire station site mentioned by Councilmember Polehna if at all possible. Peter Polga, director of Courage St. Center St. Croix, spoke of the strong collaboration that Courage St. Croix has had with the School District. He said a primary stressor for families is the concern regarding the fragmentation of services and lack of coordination among services for their children. He informed the Council that model will help to address that by bringing a number of programs together under one roof. He spoke of the advantages of the UFE site and stated they are very excited about the program both from the model of service and from the business model and ability to transfer some of its services. Antoinette Johns, director of special education services for 916 Intermediate School District, spoke of 916's mission to provide special education services to its member districts. She noted that the program has moved 5 times in 8 years. In order to serve families with a consistent program model and to have commitment to the program from families and that consistency of space and location is needed and that his proposal would afford that opportunity as well as providing a cost savings as 916 would not have to ultimately invest in its own facility. She also spoke of the savings in the return on investment in early services to children. Jay Fuhrman, manager of services for deaf and hard of hearing for 916 and the person responsible for the auditory/oral program, spoke of the benefits of serving children with hearing losses at a very early age. He also spoke of the advantage of co- locating with the ECFE program in having children with hearing Toss interact with children who have language ability. Dick Olsen, former owner of G.W. Olsen Construction building on Greeley Street, said he could not think of a better use of this property for the common good of the City and the entire School District. He said he fully endorses the project. Sherwood Forest Commercial LLC. owner of the property at 1902 -1906 Greeley St., the G.W. Olsen building, said he was a "cautious" supporter of the project. He said he has been meeting with School District officials to better understand how this project might affect his customers, his tenants, as he wants to make sure they are protected in this process. He noted that one of his tenants, Knights of Columbus, had an agreement with UFE regarding the use of parking and green space in order to host weddings, etc. He stated that he would like to see that relationship continue and it appears the School District is willing to do so. His concerns are the fact that there are some liquor licenses for the property, about their future licenses and future complaints about children being around things that are in an industrial zone or liquor. He said he would like to see protections Page 11 of 18 City Council Meeting June 1, 2010 for legitimate uses that his tenants have and thought those things could be worked out. Jim Schulte, CEO and majority owner of Modernistic, said he attended the Planning Commission and expressed some concerns as they did not know the nature of all the plans. School District officials visited them and explained some of the details of the plans. He said he would have some concern regarding some representations that have been made about the future intentions for the vacant land and space on Industrial Boulevard and wondered if that could be codified somehow. He said his prime concerns were with the properties on Industrial Boulevard. Orville Johnson, former shareholder of UFE Inc. and member of Johnson Kellogg Properties LLC, current owner of the former UFE buildings, stated that he was thrilled that the School District might be able to use these facilities. He said they were also excited about donating one of the buildings to the School District. He talked about the history of the site, initially in Stillwater Township, and the history of the City's industrial park, the difficulty in retaining manufacturing use so that today only Modernistic and DiaSorin remain. He referred to the staff report which noted that many non - manufacturing uses have been permitted, including Stillwater Medical Group, Courage St. Croix and Family Means, to build on industrial property with special use permits and which cited the contribution of these entities to the common good of Stillwater and surrounding communities. He thought the early childhood family center provides a service to the community and jobs to a staff capable of meeting the needs of families, which fits well with the type of organizations that have already located in the area now zoned industrial. He encouraged the Council to approve the request for rezoning and to change the Comprehensive Plan so the three parcels on Greeley become Business Park - Commercial. Heidi Hickey, 1002 S. Third St., spoke of the value of attracting parents to the City, which will grow if this is approved. She spoke of the service that ECFE has provided to her family and the community in the past. Steve Russell, 1417 W. Pine St., spoke of the service provided and the benefit to the community provided by ECFC. He suggested that Stillwater is a small town that at its core is historic and a family community. He said he thought this use fits into those core values. In terms of land use, he noted that downtown is a mix of uses that live together successfully. He stated that Greeley Street is a mix of uses similar to that; he agreed there are issues, such as those raised by the owner of the adjacent building, that have to be dealt with. He cited the change in zoning of the former Cub Foods store, now Herberger's, as an example of the recognition of a changing use that has worked and he thought the rezoning is a good request and the use is of value to the community. No other comments were received, and the hearing was closed. Councilmember Roush asked about the issue of a liquor license within a certain distance from a school and the legal implications of that. Ms. Ward said the regulation in the City's liquor ordinance is 500 feet from a school. Page 12 of 18 City Council Meeting June 1, 2010 Mr. Queener stated this is not a school and that there has been discussion as to whether this use meets the definition of a school. Councilmember Gag said the Planning Commission struggled with the issue of the definition of a school and that the Planning Commission was looking at more of a daycare use considering the age level of the students involved. Councilmember Roush asked whether an agreement regarding the arrangement with Modernistic could be worked out in the special use permit phase if the Council approved the rezoning. City Attorney Magnuson said he thought a development agreement could be reached with the School District to deal with some of the peripheral issues, including the liquor license issue. Councilmember Gag, Council representative on the Planning Commission, noted that group's function is to look at zoning and members spent many hours on the Comprehensive Plan update, and that he had concerns on behalf of Modernistic. He felt that ECFE is a wonderful program that has meant a lot to this family. He stated that the three conditions of approval are important but would need more teeth into it as it relates to Modernistic; and he would support the project and relate to the Planning Commission that they did a good job in its deliberations of this project. Councilmember Polehna said he has always been a firm believer that children are the future and has always worked to make the community better for the kids; he spoke of the value of the School District to the community. Regarding the tax revenue issue, Mayor Harycki suggested this is a matter of transferring dollars from one pocket to another and will have little impact on the taxpayer as a whole; he also spoke of the advantage of this site and keeping traffic associated with the use out of a residential area. Mayor Harycki noted that it is programs like this that add to the quality of life in a community. Councilmember Roush said he thought the Council had done its due diligence regarding the tax revenue issue and he thought supporting this is the right thing to do for the community. Motion by Councilmember Roush, seconded by Mayor Harycki to approve the first reading of the ordinance for rezoning to BP -C, with the Comprehensive Plan amendment changing the guided use from Industrial to Commercial; developing a development agreement between the School District and Modernistic and pending review of the state liquor law; and including the three conditions stated in the staff report. Councilmember Polehna said he thought the development agreement should include more than Modernistic. Councilmember Roush amended his motion to include other interested adjacent properties in a development agreement, Mayor Harycki agreed to amend. Councilmember Cook said no one questions that this is a great program, reuses existing buildings and that the area in question does have a commercial feel, but she expressed concern about taking these properties off the tax rolls. She stated Page 13 of 18 City Council Meeting June 1, 2010 that she was hoping the City might have been able to strike some type of economic /financial agreement, perhaps a bridging arrangement for the first several years. For the taxpayers of Stillwater it is not a matter of taking money out of one pocket as the School District is much larger, and she noted that this could amount to the loss of as much as $80,000+ a year. Councilmember Cook, however, agreed that programs such as ECFE are important to the quality of life in the community. City Administrator Hansen said if approved and the properties go off the tax rolls, TIF and everything, the result is $82,000 removed from the tax base, the levy wouldn't be shortened by that amount. City Attorney Magnuson reviewed the state liquor law which states licenses shall not be issued within 1,500 feet of a public school that is not within a City. He stated that state law would not prohibit this and if the local ordinance does, that could be changed to accommodate this if the Council deems appropriate. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki recessed the meeting at 9:17 p.m. Mayor Harycki reconvened the meeting at 9:28 p.m. Mayor Harycki moved the Musser pedal operated cab license item from New Business. Possible approval of Musser pedal operated cab license. Community Development Director Turnblad reviewed the request for a license for a pedal- operated cab, a bicycle with seats for customers to ride in the back. He said the business would operate primarily in the downtown area, with the cabs stored at the applicant's home on West Willard. He said the business would not require a permanent parking spot either on the street or in parking lots. He said staff would suggest a condition requiring review upon complaint; he also noted that, as with all licenses, application must be made on an annual basis. He noted there is a number of conditions of approval that deal with safety issues. On a question by Mayor Harycki, Police Chief Gannaway said he would have no concerns with the proposal as long as the driver(s) follow all traffic and pedestrian laws. Councilmember Polehna said he thought the insurance requirement should be the statutory limit; he expressed a concern about operating on Main Street. Councilmember Gag said he would suggest that if vehicles are added to the fleet, the request be reviewed Council. Mayor Harycki noted that the letter from the applicant indicates that the operation would avoid Main Street as much as possible so as not to disrupt traffic flow. Councilmember Cook reiterated Councilmember Polehna's concern about congestion on Main Street; she raised the possibility of other applications for such licenses. Page 14 of 18 City Council Meeting June 1, 2010 Mayor Harycki asked whether the Council could deny future requests or table pending evaluation of the initial business. City Attorney Magnuson said that would be possible, and suggested that the Council could pass an ordinance limiting the number of such licenses. Motion by Councilmember Polehna, seconded by Councilmember Roush adopt Resolution 2010 -85, a resolution granting license to Nancy Musser for the operation of pedicabs on city streets Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for the public hearing relating to its Storm Water Pollution Prevention Plan (SWPPP). The SWPPP was prepared to address the requirements of the Municipal Separate Storm Sewer (MS4) General Permit. This hearing will consist of an overview of the SWPPP that was approved on December 28, 2007 and the activities completed in 2009. Written and oral comments received before or during the meeting will be considered as the City prepares its Annual Report to the Minnesota Pollution Control Agency on its SWPPP. Notice was published in the Stillwater Gazette on April 30, 2010. Assistant Engineer Kraftson noted this hearing is a requirement of the City's MS4 permit. He briefly reviewed the City's storm water activities related to the 7 minimum control measures required by the MS4 permit in the past year. He noted that all of the information about the storm water pollution prevention program is on the City's web site on the engineering department's page. He invited written comments from the public. There was discussion about retrofitting parking Tots; Mr. Kraftson said the watershed organization do have requirements for that. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. No action was required. Case No. 2010 -09. This is the date and time for the public hearing to consider a request from Michael Berqum for a variance to impervious surface regulations for the construction of a house addition located 104 Lakeside Drive 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 May 21, 2010. Community Development Director Turnblad reviewed the request and site. He noted that normally variance requests are not heard by the Council but is required in this instance because the property is located in the river overlay district. He said the DNR and Planning Commission have both reviewed and recommend approval of the request with the conditions listed in the staff report. Mr. Turnblad noted that when the Planning Commission considered the request there was also a request for an impervious surface coverage variance and that plans have been modified so that is no longer necessary. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 15 of 18 City Council Meeting June 1, 2010 Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -86, approving variances for a legal non - conforming lot's size and width -Case No. 2010 -09, 104 Lakeside Drive. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 2010 -17. This is the date and time for a public hearing to consider a request from Verna Garrison, T- Mobile, for a special use permit amendment to add antennas and cables to the existing 100 -ft monopole telecommunications tower for T- Mobile located at 1790 Washington Avenue in the BP -I, Business Park Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 21, 2010. Mr. Turnblad reviewed the request. He noted that since this is a request for co- location on an existing tower and that tower meets all applicable performance standards, Planning Commission and staff recommend approval as conditioned. On a question by Councilmember Roush, the applicant said the additional antenna is to provide additional coverage for both voice and data. The applicant explained that the additional antennas would not change the appearance of the pole. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2010 -87, approving a conditional use permit to co- locate wireless antennas on an existing communication monopole tower at 1754 Washington Ave for T- Mobile, to approve as conditioned. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Update on Downtown business refuse questionnaire. Mr. Turnblad said cards have been mailed to all downtown property and business owners inviting them to complete the survey on -line. He said the Chamber has requested that the deadline for response be extended. He said results would be brought back at the next Council meeting. NEW BUSINESS Possible accepting bids and awarding contract for Stillwater Parking Ramp Sign. Mr. Turnblad stated this is the last of the signage on the parking ramp. He explained the design /construction of the sign. He said the signage has been approved by the Heritage Preservation Commission. Page 16 of 18 City Council Meeting June 1, 2010 Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Resolution 2010 -88, accepting bids and awarding contract for Stillwater Parking Ramp Sign, in the amount of $2,111. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Cook verified that the sign is aluminum rather than a high - density poly material as described by Mr. Turnblad. Possible approval of noise variance — Camrose Hill Flower Studio & Farm (233 Second Street). City Clerk Ward reviewed the request for a noise variance, noting the date has not been firmed up yet, either October 16 or October 23. She noted the request is to allow music, acoustic, not amplified, until midnight. She said the applicant will be made aware that if the music is too loud, police may come and notify them it must be turned down. Motion by Councilmember Gag, seconded by Councilmember Cook, to approve the requested noise variance. All in favor. Special Events in Lowell Park. a. Art in the Park b. Summer Tuesdays c. Community Dinner City Clerk Ward reviewed the special event requests and dates. She noted the events have been approved by the Parks Commission. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the special events as presented. All in favor. COUNCIL REQUEST ITEMS Councilmember Roush brought up the issue of trash dumpsters on public roadways, pointing out that dumpsters delivered to a private property and left in the roadway pose a safety hazard. He proposed that the City add some requirement to the dumpster permit that dumpsters will either have reflective cones marking its location or appropriate reflective materials. Public Works Director Sanders stated the City's right -of -way ordinance requires an obstruction permit to handle the dumpsters /containers and that the requirement for safety cones or reflectors could be added to that permit process. Councilmember Roush said he and Mr. Turnblad had met with some concerned citizens and is in the process of getting input on future pool and fence enclosure ordinances. Mayor Harycki asked City Administrator Hansen to add the Long Lake encroachment to the Council's work plan with an update provided by staff. Page 17 of 18 City Council Meeting June 1, 2010 ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, to adjourn at 10:15 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Resolution 2010 -80, directing payment of bills Resolution 2010 -81, a resolution adopting the 2030 Stillwater Comprehensive Plan Update Resolution 2010 -82, resolution authorizing execution of agreement with Minnesota State Patrol relating to Safe & Sober Resolution 2010 -83, a resolution approving Minnesota Premises Permit for lawful gambling for American Legion Post 491, located at the Cherry Bowl, 317 Main Street South, Stillwater, MN Resolution 2010 -84, a resolution approving the issuance of a new wine and strong beer liquor license (River Oasis Cafe) Resolution 2010 -85 a resolution approving Musser pedal operated cab license Resolution 2010 -86, approving variances for a legal non - conforming lot's size and width -Case No. 2010 -09, 104 Lakeside Drive Resolution 2010 -87, a resolution approving a conditional use permit to co- locate wireless antennas on an existing communication monopole tower at 1754 Washington Ave for T- Mobile Resolution 2010 -88, a resolution accepting bids and awarding contract for Stillwater Parking Ramp Sign Page 18 of 18 Ken Harycki, Mayor i llwater THE BIRTHPLACE OF MINNESOTA fo STILLWATER HUMAN RIGHTS AWARD NANCY BERVEN WHEREAS, THE STILLWATER HUMAN RIGHTS COMMISSION REQUESTED NOMINATIONS FOR STILLWATER'S HUMAN RIGHTS AWARD; AND WHEREAS, NANCY BERVEN HAS BEEN NOMINATED FOR HER ACTIVE ROLE IN HELPING OUR MOST CHALLENGING STUDENTS, OFTEN PROVIDING THE MOTIVATION NECESSARY TO KEEP THESE STUDENTS IN SCHOOL AND INTERESTED IN THEIR LEARNING. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, THAT THIS AWARD IS PRESENTED TO NANCY BERVEN IN APPRECIATION OF HER OUTSTANDING LEADERSHIP FOR BOTH STUDENTS, TEACHERS AND THE PARENTS OF THESE STUDENTS OF ALL DIFFERENT ETHNIC BACKGROUNDS, AND SHE IS HEREBY COMMENDED FOR THOSE EFFORTS. COUNCIL ALSO EXTENDS TO HER, ITS APPRECIATION FOR HER DEDICATED SERVICE. BE IT FURTHER RESOLVED, THAT THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ENTER THIS AWARD UPON THE OFFICIAL RECORD OF PROCEEDINGS OF THE COUNCIL AND TO DELIVER A CERTIFIED COPY THEREOF To NANCY BERVEN. ADOPTED BY THE CITY COUNCIL THIS 15TH DAY OF JUNE, 2010. KEN HARYCKI, MAYOR City of Stillwater Human Rights Award Nomination Form 1. How did the nominee further human rights? Please list specific actions or activities. Nancy has been a Stillwater area school district employee (librarian and media specialist) for 32 years. For the past 10 years she has been the facilitator of the Amnesty International student group which has done outreach to educate staff and students about the genocide in Darfur, collected shoes to send to Haitians (before the earthquake) and raised funds to send to Katrina victims after the hurricane as well as to Haitians after the earthquake. Her Amnesty International group teamed up with National Honor Society students to fund a nutrition center in Burkina Fasso where mothers could bring children ages 6 months to 3 years for a daily meal of nutritionally enhanced cereal to combat that country's problem with malnutrition. In addition to this work, Nancy is one of the leaders of the International Students Club, comprised of the foreign exchange students who spend a year at SAHS. The other leader(s) of the group are various members of the SAHS counseling department who rotate that responsibility, but Nancy is the constant force behind the club. Also, Nancy has served as the SCEA (St. Croix Educators Association) Member Rights Representative, working to insure that colleagues' rights are respected and that procedures are followed in accordance with guidelines. 2. How did nominee's human rights actions /activities benefit the recipients? The Burkina Fasso project is an ongoing commitment to the mothers and children of that .area. $1,4000 was contributed for the construction of the simple structure, the nutritional supplement and the staff who provides the food. The intent is to continue to provide support of $500 annually. Much of the money raised to benefit the people of Haiti and Darfur has been donated to the American Refugee Committee to support their efforts in those countries. ARC programs provided health care, clean water, shelter repair, legal aid, trauma counseling, microcredit, community development services, and repatriation assistance to 2.5 million people last year. Closer to home, Nancy has been an ambassador to international teens, welcoming them to our community and helping to make sure that their stay here is a good one. At times, she has been involved in helping a student relocate if the student and host family's fit is not a good one. As a representative for her colleagues, Nancy has helped to insure that people feel they have been heard and understood during stressful situations where they may feel intimidated. 3. When and where did these activities take place? Is it /are they ongoing? Amnesty International Sponsor: 2000 -2010 (I only have details for the most recent years.) 2007 -2008: Focus on genocide in Darfur. Nancy brought students to the U of Minnesota to hear Brian Steidle, the man who documented the atrocities shown in the film The Devil Came on Horseback. Students later gave presentations in many SAHS and some Stillwater Junior High classrooms to raise awareness about the conditions in Darfur. The students held a craft sale and held a viewing of the movie after school. Students created a petition asking that Minnesota legislators focus on Darfur with greater intensity. Students also conducted a letter writing campaign to members of Congress urging them to do the same. 2008 -2009: Burkina Fasso project begins and Darfur work continues Darfur Awareness Week was held again including the craft fair with proceeds being donated to the American Refugee Committee for their Work in Darfur. For a description of the Burkina Fasso project, see question number 2. 2009-2010: Darfur Awareness Week including craft fair continues. Support for Burkina -Fasso project continues. Focus on Haiti begins. Students collected shoes for Haitians and also earned money in various activities including a raffle. Nancy invited Daniel Wordsworth, president of the American Refugee Committee to visit SAHS to show slides of the work the committee does, to answer questions about relief efforts and the work ARC does and to accept the check from SAHS students and staff to be used for the people of Haiti. (Unfortunately, I do not know the amount of the check - but it was impressive considering it was raised by students!) International Student Club sponsor Nancy has been involved with the International Students Club at SAHS for approximately 10 years. She explores topics that are relevant and useful to them. This year she helped coordinate an after - school program where two exchange students shared in depth information about their countries for a student /staff audience. SCEA Member Riahts Representative Nancy was in this role from 2002 -2007. 4. Who was the principal beneficiary of the nominee's activities /actions? This is a tough question to answer. The first answer that comes to mind are those people who would be most in need - people living through natural disasters and genocide. But it's easier for us to SEE and sense the benefits to those we are in contact with: young people working with Nancy, either from a foreign country or from our own community. One of the students Nancy has been working with through Amnesty International in the last three years, Meaghan Berns, had this to say," Ms. Berven gets her Amnesty members to stare straight at the tough and disturbing problems that are present in our world and remind us that individuals can make a difference. Being in Amnesty has definitely made me want to work with aid organizations and human rights groups for the rest of my life... I plan on joining the Amnesty International group in college as well." She continues by saying that her introduction to Doctors Without Borders while in the Amnesty group has made a career in medicine more appealing to her. 5. Is there any other information about the nominee which might facilitate the Commission's decision? Nano/ . spends her "free" time doing many things to further educate her°s+etf and others about human rights. issues. She has taken students and some of her colleagues (myself included) to open houses at the American Refugee Committee in Minneapolis. She goes to weekend seminars at the U of Minnesota on genocide. Nancy retires from SAHS in June. In late July, she will leave for a trip to Honduras with Heifer International where she and other educators will learn more about how the organization works and write curriculum to get more of our students involved in supporting poor families who are working to become self- sustaining. 6. Please list any other people who would support this nomination. Include their phone numbers. 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W O Q) CD Q U > +� 4) . •�' � c — Q) O Q) Li_ CZ c c . 0 O O C O < a) O O a) '4 - O > O E 178 a) . E U - 0 CO -c O a) U) c/) y � O O w Q � E - o a) c 0) a) a) O c C13 t 0 Q E c O c 4) 4) _4 ) O) a) LL co — 0 73 Q ' c (6 - > C O CD_ cvs 4) O D cO — > O .v 2 c o p c = Tij 0 t 9 _ 0 ii U o U c o >, C) U -0 C 0 U ` � O "5 0 a 0 • ii c) E 2 0 cz ▪ 0 D (13 - -CD Ca 0O J O O L- o 0 ca fts cCS 0 p �, c) c) ° o U U CO f` ►■ ►` . U Z O O O N CV N o (n ` U u) ^ a a) •v 6q Ea Q \ l C Q) - 1 1 1 V) _ _ — v) o - N Q= Cll Cll O O o 0 0 �+- a3 _ _ < N N N N c 0 0 Ct ca , L • 0 CO REBECCA OTTO STATE AUDITOR STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 PARK STREET SAINT PAUL, MN 55103 -2139 Statement of Position Fire Relief Association Governance A volunteer fire relief association is governed by Minnesota law, its articles of incorporation, and its bylaws. A volunteer fire relief association must be managed by a board of trustees. The board's responsibilities include: determining plan benefits and eligibility for membership or benefits; determining the amount or duration of benefits; determining funding requirements and contribution amounts; maintaining necessary administrative records; reviewing expenditures; and investing pension plan assets. The board consists of nine members: six trustees elected from the fire relief association's membership, and three trustees from the municipality or municipalities. The municipal trustees for a relief association directly associated with a municipal fire department serve a term of one year and include the fire chief, one elected municipal official, and one elected or appointed municipal officia1. A municipal trustee has all the rights and duties of any other trustee, except the right to be an officer of the fire relief association board of trustees. A board must have at least three officers elected by the full board or by the membership, as specified in the bylaws. The officers are elected from among the elected trustees. A trustee may hold only one elected office at a time on the board. Elected trustees and officers may be elected for terms not to exceed three years, but as specified in the bylaws. If the terms exceed one year, the elections should be staggered on as equal a basis as is practicable. All trustees, including the three municipal officials, are fiduciaries. Each trustee must act in good faith and exercise the degree of judgment and care that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs. 1 See Minn Stat. § 424A.04 to determine how the municipal representatives are designated and who designates them, both vary depending on the legal structure of the fire department with which the fire relief association is associated. 2 Minn. Stat. § 424A.04, subd. 2 (referencing ch. 356A (Public Pension Fiduciary Responsibility)). Reviewed: September 2009 2008 -2003 Revised: September 2009 This Statement of Position is not legal advice and is subject to revision. (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditor @state.mn.us (E -mail) 1- 800 - 627 -3529 (Relay Service) An Equal Opportunity Employer REBECCA OTTO STATE AUDITOR STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 PARK STREET SAINT PAUL, MN 55103 -2139 Statement of Position Required Municipal Contributions to Volunteer Firefighters' Pension Plans State law requires a municipality to pay a minimum annual contribution to the special fund of its affiliated volunteer fire relief association, unless the special fund is fully funded or fire state aid is sufficient to cover the municipal obligation. The special fund is a fund established and maintained within a relief association to pay service pensions to retiring members. A fund is "fully funded" when there are sufficient assets to cover future liabilities. The funded status of a special fund is affected primarily by changes to benefit levels (i.e., liabilities increase) and by investment gains or losses (i.e., assets increase or decrease). Benefit increases and investment losses decrease a fund's assets, thereby increasing the likelihood that a municipal contribution will be required. A decrease in the funded status will also likely increase the size of the required contribution. Whether a municipal contribution is required and the amount of the required contribution is determined by using a statutory formula. The formula varies depending on whether the plan is a lump sum plan or a monthly service pension plan. Lump Sum Plans For lump sum plans, the minimum required municipal contribution equals the financial requirements of the special fund minus 1) the amount of fire state aid to be received during the following calendar year; and 2) the amount of any contributions to the special fund from the active members of the relief association to be received during the following calendar year. In addition, five percent annual interest on the assets is also subtracted. 1 State law has been summarized and simplified. Minnesota Statutes should be consulted before making decisions based on this Statement. The Statement does not contain legal advice and it should not be relied upon in lieu of legal advice. It is subject to revision at any time. 2 Minn. Stat. § 69.772, subd. 3 & 4; Minn. Stat. § 69.773, subd. 5. In some instances, a municipal contribution may be triggered even though the pension plan is fully funded. 3 See Minn. Stat. § 69.772, subd. 3 (for lump sum service pensions) and Minn. Stat. § 69.773, subd. 5 (for monthly service pensions). There is no required municipal contribution for a defined contribution plan. 4 Minn. Stat. § 69.772, subd. 3(d). Reviewed: September 2009 2009 -2001 Revised: September 2009 This Statement of Position is not legal advice and is subject to revision. An Equal Opportunity Employer (651) 296 -2551 (Voice) (651) 296 -4755 (Fax) state.auditor @state.mn.us (E -mail) 1- 800 - 627 -3529 (Relay Service) The minimum required contribution is calculated by the officers of the relief association during the month of July for the following year. To calculate the minimum required municipal contribution, the officers need to know the special fund's financial requirements for the following year. In July, the officers calculate the financial requirements for the following year and the overall funding balance for the current calendar year. If the special fund is not fully funded, the financial requirements for the following calendar year are determined by taking into account 1) the total accrued liability for all active and deferred members of the relief association, calculated for the following calendar year; 2) the increase in the total accrued liability for the following calendar year over the present calendar year; 3) the amount of anticipated future administrative expenses; and 4) one -tenth of the deficit resulting from either an increase in the service pension or an investment loss occurring over the last ten years. The deficit can be amortized over ten years. If the special fund is fully funded, the financial requirements for the following calendar year are the total of 1) the increase in the total accrued liability for all members for the following calendar year over the present calendar year; and 2) the amount of anticipated future administrative expenses. Monthly Service Pension Plans For monthly service pension plans, the financial requirements of the special fund are based on the most recent actuarial valuation. For most plans, the Governmental Accounting Standards Board (GASB) requires an actuarial valuation every two years. In addition, a new actuarial valuation is required whenever there is a benefit change. If the plan is in deficit, the deficit is amortized over twenty years and will be included in the annual municipal contribution.' Defined Contribution Plans For defined contribution plans, the individual volunteer firefighter experiences the gains and the losses. The municipality has no obligation to make contributions to offset losses if they occur, although it can make a voluntary contribution to the special fund if it chooses. Benefit Levels The level of benefits paid by a volunteer firefighter pension plan is usually set by agreement between the relief association and the municipality. Benefit level changes 5 The Schedule Form, provided by the Office of the State Auditor, calculates the amount of any required municipal contribution for the following year. For example, the 2009 Schedule Form will calculate the required municipal contribution amount for the year 2010. 6 See Minn. Stat. § 69.051, subd. 1 (financial statements in conformance with generally accepted accounting principles); GASB Statement 25, para. 35 (biennial actuarial valuations required for financial reporting purposes). Minn. Stat. § 69.773, subd 4 (d). Reviewed: September 2009 2 2009 -2001 Revised: September 2009 must first be discussed and adopted by the relief association through a change in its bylaws. The changes must be made in keeping with the relief association's bylaw amendment procedures and Open Meeting Law requirements. A relief association should then seek municipal approval of the benefit level change The city council or town board can choose to approve the benefit level change or choose not to approve the change. Once the bylaws are ratified by the municipality, however, the benefit levels are guaranteed by the municipality. The municipality assumes responsibility for ensuring the special fund has sufficient assets to cover approved benefit levels. For those relief associations that are affiliated with an independent corporation rather than a fire department, benefit level changes must be approved by the board of the independent nonprofit firefighting corporation. In addition, the independent nonprofit firefighting corporation is responsible for making any required contributions to the relief association. In limited circumstances, a volunteer fire relief association has the authority to increase its benefit level without municipal ratification. However, if a municipal contribution is later required, the contribution level will be calculated using the last benefit level ratified by the municipality. If there was never a resolution to ratify a benefit increase, the relief association must return to level where full funding is achieved. Municipalities do not have authority to unilaterally change a relief association's benefit level. Municipalities cannot initiate a change in benefit levels, rescind benefit increases, or give contingent approval to benefit changes. Payment of Required Municipal Contributions To fulfill its obligation to provide at least the minimum required municipal contribution, a municipality may use any source of public revenue, and it may levy taxes. For monthly service plans, for example, a municipality may levy taxes "without any limitation as to rate or amount and irrespective of any limitations imposed" by any other law or regulation. If the benefit level the relief association is operating at was properly established and approved by the affiliated municipality, the municipality is required under state law to make any contributions that become due at that benefit level. If the municipality does not include the full amount of the minimum municipal contribution in its levy for any year, the officers of the relief association must certify that amount to the county auditor, who shall spread a levy in the amount of the certified minimum municipal contribution on the taxable property of the municipality. I0 8 Minn. Stat. § 424A.02, subd. 10. 9 Minn Stat. § 69.773, subd. 5(d); § 69.772, subd. 4(c). 10 Minn. Stat. §§ 69.772, subd. 4(d); 69.773, subd. 5(e). Reviewed: September 2009 Revised: September 2009 3 2009 -2001 Memo Community Development Department Message: To: City Council From: Michel Pogge, City Plannej Date: Tuesday, June 08, 2010 Re: Downtown Business Refuse Questionnaire Attached is the full results report from the recent Downtown Business Refuse Questionnaire. A total of 38 responses were received during the survey period. Many of the questions allowed for open -ended responses. All italicized items were responses to specific questions made by the person completing the survey. None of the responses were edited by City Staff. ACTION REQUESTED The Council should review the results of the survey and direct staff on how to proceed. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us Question 1: Type of Business? Answer Count Percentage Retail 17 44.74% Restaurant 4 10.53% Office 2 5.26% Other: 12 31.58% Winery 1 Service 1 5.26% lodging 5 0.00% Residential 2 Restaurant and vacant space 1 Office /Grocery 1 all 1 No answer 2 5.26% Non completed 1 2.63% Question 2: How many times a week is your trashed picked up during the summer? Answer Count Percentage Once a week 23 60.52% More than once a week 9 23.68% Daily 3 7.89% Other: 1 2.63% Take Home 1 No answer 2 5.26% Non completed 0 0.00% Downtown Business Refuse Questionnaire Full Results Total responses received in survey: 38 4 Question 3: How many times a week is your trashed picked up in the off season? Answer Count Percentage Once a week 21 55.26% More than once a week 10 26.32% Daily 0 0.00% Other: 5 13.16% twice a week 1 Every other day 1 twice a month 1 once a month 1 Take Home 1 No answer 2 5.26% Non completed 0 0.00% Question 4: Do you feel there is a problem with trash dumpsters and /or enclosures downtown? Answer Count Percentage Yes 16 42.11% No 20 52.63% No answer 2 5.26% Non completed 0 0.00% r Question 5: What do you feel the problem is? Answer I 16 I 42.11% some of the food dumpsters (restaurants) are not emptied regularly and overflow, smell, etc. Smaller trash containers on Main Street often are overflowing during the summer. Too few trash cans on each block means trash gets put in flower pots, on window ledges, or just left on the ground. Additional trash containers in the middle of the blocks would alleviate some of the problem. Unsightly. Need to be enclosed. Downtown looks terrible and is embarrassing to our customers and tourists They are on public land but not available to everyone, only a select few businesses. not everyone in are alley seems to have a garbage container. Then of coarse the ones that dont care about littering.All the others have containers and seem to maintain them. Dumpsters on Water Street which is used, hopefully, as a pedestrian way. Some dumpsters are located on city owned property and many others on privater property are not enclosed. See Stillwater design manual as to the recommended handling of this. trash overflowing dumpsters,very unsightly appearance and dumpsters being on the Streets! no enclosure at all! need to have trash out of sight for downtown curb appeal - people can go elsewhere other towns look much better. to full stinky and ugly 1. They smell 2. Not picked up frequently enough 3. Not enclosed - eyesores Too many dumpsters should be more community ones The dumpsters in the parking lot on the north end of Lowell Park look awful and are not properly concealed. They belong to Water Street Inn, and are poorly maintained. The first thing people see when they come down by the river is that mess. The dumpsters in the alley at Main & Commercial stink and are a mess - never cleaned up. Enforcement of any rules already in place is non - existent. Unsightly dumpsters. Take a look behind Marx and the Antique shop next to Marx. Horrible. Also the dumpsters for the Water Street Inn...awful. Big eyesores for people to walk by. very unattatractive, smelly, ugly and in the they make the downtown, especially Water Street unsightly they smell and are overflowing Random placement, over filling Stillwate has a design manual that outlines good /bad practices. Current use /display of dumpsters does not conform with the design manual. Manual says its important and this manual has been accepted through due process by the HPC and Council. No answer 22 57.89% Non completed 0 0.00% 4 Question 6: Do you feel the City should construct community dumpster enclosures in the downtown area? Answer Count Percentage Yes, throughout the entire downtown area 6 15.79% Yes, but only visible area (i.e. visible areas like Water Street but not in service alleys) 5 13.16% No (3) 20 52.63% Other: 6 15.79% Maybe - depends upon the plan. On the surface I am against city constructed enclosures that would require contribution from businesses, but it depends on the overall plan and the impact to each business. one size fits all much too symplistic. Water Street must be addressed. Haul trash up to the City Maintenance Facility near 80th & Manning. Or...City Wide downtown, enclosed dumpsters. I think it should be required for new construction at owners expense begin with areas designated as pedistran ways by the comp plan,. I think that is the document that designates pedistrian way. No answer 0 0.00% Non completed 2 5.26% Question 8: How much would you be willing to contribute towards a community dumpster enclosure? Answer Count Percentage Answer: 6 15.79% $500 share the total cost by all businesses Due process will determine this our taxes are now payig for this survey. However we must ask 'Who's garbage is this ?' 2% mil for retail for one year The same as my monthly bill to WM. I think it could be a city fee assessed to downtown businesses. WM knows what we all pay...keep it proportionate. not sure No answer 32 84.21% Non completed 0 0.00% Question 7: Would you be willing to contribute towards the constriction of all community dumpster Answer Count Percentage Yes 6 15.79% No 30 78.95% No answer 0 0.00% Non completed 2 5.26% Question 9: Why not? Answer I 23 I 60.53% Garbage pick -up is a cost of doing business and every business should provide for their own. The last thing we need in our beautiful downtown is a a steady stream of kids lugging garbage cans to a community dumpster. Already pay a small fortune in taxes to operate my business in downtown. Don't want any more "user" fees, or taxes applied to my business. I do not feel they are needed. There are two problems. One is there is no space for each business to have a dumpster in the downtown area. Two is that if a community dumpster contribute is put in place this will be charge to the businesses downtown I think this idea is ludicrous Because we wouldnt have any ownership in them. If business were great right now I may consider it. I don't feel that trash enclosures make enough of an impact on the over -all Stillwater Experience to make that a financial priority at this time. I know that this is old news, but, l 'd like to see those who really benefit from Stillwater - the events, pay enough to the city for the use of the land to pay for these kinds of improvements. I pay enough to take care of my own. Also I clean the litter around my front door area and rear alley. The side walk containers are fine. We don't need anymore out of the pocket cost downtown We don't own the building our store is in. Our landlord pays for our trash pickup I feel that those using the space should be assessed -we have provided our own for our business and gladly so - it would be an embarrassment to have such ugliness on our property. It could be a several year pay- building owners collect high rents so a few dollars should not hurt them more than it hurt us! I do not use them I bring it home We've provided for our own enclosure. WE should not be required to pay for other peoples City should pay for it like they have done before It should be the responsibility of the business owners. There is hardly enough money for the city to provide basic services, why subsidize the lazy ones who should take more pride in their business and city to keep things clean? It should be the responsibilty of each business to manage that. And it should be a cost of doing business. Seems like an unnecessary luxury at this time. Have one not a necessary expenditure at this time. Taxes are being paid to city and if the City wants enclosures, it should be in City budget. we provide our own. I take care of my own trash and each business should be responsible for thier own. Hive on 3rd and Mrytle. 1 think this town is fine. If someone wants to walk down an alley, then expect to see garbage bins or more likely those in the alley smoking a cig. If you force enclosures in alleys traffic will be restricted and pickup slower. We have sidewalks for people to walk on outside of alleys This is a business expense. Place on tax roll for property owner as roads are done. No answer 15 39.47% Non completed 0 0.00% Question 10: Do you feel the City should require businesses to build dumpster enclosures for their own Answer Count Percentage Yes 11 28.95% Only when they are completing a building addition or with a major building renovation 9 23.68% Never 6 15.79% Other 10 26.32% No - this is the worst economy since the depresssion - focus on traffic, parking economic development, and reducing the number and size of the big events. This should not be city business. they should build there own if there aren't any public ones only in line of sight of the public - not in alleys Only if they don't keep the dumpster area clean Building owners have the majority of the responsibility. only if it proposes a serious eyesore to a main area Depends on volume needed I don't think the individual owners can accomplish this in a cohesive looking manner. The City should keep the design / location consistent. If they are in high traffic area It should be required for new construction Olny if there is room on the lot No answer 0 0.00% Non completed 2 5.26% Question 11: Knowing this, would you support the City contracting with a single private trash hauler who would pick up ALL trash in the downtown area? Answer Count Percentage Yes 8 21.05% No 16 42.11% Uncertain 9 23.68% Other 2 5.26% This question is impossible to answer without knowing the financial details. If it is cheaper for me than what I pay through my CAM - absolutely. If traffic is an issue why have more traffic with multiple providers. The question may be one of frequency. No answer 0 0.00% Non completed 3 7.89% Question 12: Why or why not? Answer I 23 I 60.53% Need to have options. Local hauler much more reliable and flexible than major corporations. Do we have a problem using multiple companies? They are in and out of down -town early in the morning. No support. We should have the right to negotiate our own terms with our own service providers. I don't like the City creating monopoly service providers. I don't like the residential service either. I want diversity and choice when it comes to managing the details of my own business. I support any solution to this problem community trash enclosures and /or, enclosing existing trash containers and /or more frequent pickup It should be up to the business to decide what company they want. Not the City. What a nightmare. This is the stupidest idea 1 have ever heard of. Deal with problem businesses on a case by case basis - there can't be more than a few of them who don't take care of their garbage. needs vary by business. monopolies result in poor performance. free enterprise Like I said the side walk containers should be enough. When the city has a event get more containers and the city can pay. 1. Consistency 2. Ability to monitor performance and followup. 3. Pricing advantage Somepeople have long term contracts that would have to be dealt with more and easier control of pick up, etc. My current garbage company's rates are hard to beat. Dont want city in private business contracts Cost they would charge more Not Competitive i do not want ciy to dictate trash hauler. Hopefully it would be cheeper than each business contracting indvidually I do not like hearing garbage pickup at all times of the night. But it is to the best financial solution for the business. Enough is Enough, someone will get a cushy deal, and another city council person wil get the rewards. Why have more heavy truck traffic on the street that lend to deterioration of roadway. No answer 15 39.47% Non completed 0 0.00% Question 13: If the City moved to a single private trash hauler, would you support daily pickup? Answer Count Percentage Yes 6 15.79% No 16 42.11% Uncertain 10 26.32% Other 3 7.89% I need daily pick -up in summer depends on the cost Only those busenesses that need daily pickup (restuarants) should have those services and pay for them. No answer 0 0.00% Non completed 3 7.89% Question 14: Why or Why Not? Answer I 23 1 60.53% Unnnecessary There are only three months of the year we need daily pick -up. When you arrange your own pick -up, you have it only as much as your business needs it. There is no reason to be charged for more than you need. I don't generate enough trash for daily pick -up. In fact, I barely generate enough trash for bi- weekly pick -up right now. There are a variety of different business needs in downtown and a one -size fits all solution to trash is definitely not it. I do not know enough about daily volume and types of trash generated by various businesses to have an educated opinion. any solution is good. we literally need to clean up this unsightly mess. This is the same question as the city contracting a single company This whole issue is ridiculous for the city to even be wasting it's time on. not needed in our line of business. Most of us don't generate that amount I have to have trash hauled every day or 1 have to stop work in unpacking new merchandise. A single hauler makes sense. The more large trucks adds to the deterioration of roads and parking lots and analysis now would probably show daily arrival of trash haulers. 1. Daily trash load /amount 2. Price -point efficacy Not every business generates enough trash to need daily pickup. depends on the time of day. Seems like it would net out to clean streets. cost Cost not needed Cost i do not want city to dictate trash hauler. We don't need daily service. Our trash does not contain garbage and we fill the container once a week. Daily? or the middle of my nite? I get woke up enough by your snow plows and street cleaning and beep -beep backup trucks that are so loud it is crazy. If you want a person in wisconsin to know you are backing up, then drive over the bridge and backup and wake me up from there. When it is 3AM no need to violate a noise ordinance which you enforce on a motorcycle. I moved here 2 years ago and regret it. Everyone says how cool to live here, and 1 really say "1 thought so also, but it hasn't been so far" Maybe someday. Socialism or Capitalism? Our garbage pickup will change to benefit whoever is the next BP Then you will force me to use the same pickup. A real sorry state of affairs. I have pictures showing what happens when there is a minimum pickup. Its nasty. No answer 15 39.47% Non completed 0 0.00% Question 15: Any other comments on downtown refuse? Answer I 17 1 44.74% There are a few businesses that do not keep up their garbage area's. Deal with them directly. Garbage should not be a "City" job. I believe that individual businesses should be required to meet refuse guidelines. Restaurants should have different guidelines than retail or professional businesses located downtown. They generate the most trash, most disgusting trash, etc. There could be fines, or special requirements for restaurants to have enclosures. Deal with businesses on a case by case basis. Just because a crazy 8 & 8 owner is complaining - don't come up with some whole ridiculous lame idea. Can you imagine people trying to schlep their garbage? Completely stupid and anti - business. The streets could really use more cigarette receptacles or at least garbage cans with ashtrays on top. I think it's being blown out of proportion. Enforce what you have. In the grand garage, I don't have any issues with mine or others trash. Please refer the Stillwater Design Manual. This document was prepared by professional and adopted by CC and HPC as a guideline. Why reinvent the wheel. We paid for this, use it. It must be out of sight. People have mentioned on many occations that the downtown looks ratty -what happened to Stillwater is what I keep hearing. Everyone should be responsible for keeping their dumpster area clean. This should NOT be an issue. I have never heard a complaint regarding dumpsters in the 5 years that / have been on Main Street The city does a good job of picking up trash from the curbside cans, the problem lies with some businesses who seem not to care that their property is clean. Ideally, I think we should be able to deposit our trash and recyclables into one of several, small, trash /recycling bins located around the downtown area. These would be nice looking and maintained by The City, for a fee to all downtown businesses. These bins would be emptied daily to the main refuse /recycleing depot out at the City public works facility at 80th and Manning. From there, whatever trash /recycling company the City chooses would haul it away. I appreciate the time the City is putting in to this, trying to get a handle on this issue. not aware of a problem in my area Not all businesses have layout's for trash that are accessible for pickup with enclosures apartments should not be charged for trash removal by city. most apartments use a dumpster provided by /for commercial tennants and paid for by them. Yes, Citate anyone thowing garabe on our streets from a cigarette to a coke can. You need the income and our river does not need the pollution. so simple so simple. rules are rules and do not need police cars to chase them down. Either provide enclosures as outlined in Design Manual or get them off public property. No answer 21 55.26% Non completed 0 0.00% Question 16: What is the one most important issue facing the City of Stillwater or Downtown? Answer I 24 I 63.16% Generating "traffic" to downtown businesses - attracting tourism, and developing off - season attractions, events, activities to bring people downtown. Maintaining historical charm, cleanliness, and establishing a family appeal. Limiting the # of bars and liquor expansions. Lack of support from the City to downtown in maintaining cleanliness and beautification. (trash, planters, updating banners, lights etc.) cleaning up downtown e.g. this trash issue, lowell park rennovation, graffiti Parking and taxes TRAFFIC, big events, poor economy, lack of any economic development, lack of new bridge, lack of funding for beautification, residents not wanting to come downtown because of the parking and traffic vacancy caused by increases in taxes. traffic going across bridge. The Economy Just one? The biggest downtown issue continues to be perception of local residents that parking is costly and that traffic is horrible. (facebook Stillwater Minnesota page just had this discussion.) The carom effect of this perception is continually dwindling business in teh non - tourist season, with more and more businesses being closed during the week in oct -may. In essence, we are training local residents to go elsewhere for their shopping and dining. There aren't many charming local retailers outside of main street, and it seems the big box people, Maplewood, Woodbury and beyond are benefitting from this perception. I don't have the solutions, we have cooking classes year -round that draw people into our store. But multiple times in any day I hear "I would come down here more often if more stores stayed open" and, " I rarely come down here anymore because teh summer time is so crazy." Economic Development and Incentives. the city needs matching benches on the sidewalks for the shoppers. Also nice flower containers and banners on the light poles. I also would like a welcome sign to downtown on both north and south hwy 95 with room for adversing events. the crosswalks should be better marked for the older and younger folks. The city should want to create a nice downtown again. Locals and visitors should be excited about the beauty of downtown. In this economy the merchants can not take on anymore cost. Again, to try to get this to the most important issue is much to simplistic. Running a City like Stillwater is complicated. This is why we have multiple departments. Probably compliance. I am sure when businesses have to go to great lengths to pass signage rules they can be held accountable for their trash. Just enforce the statutes, rules, codes. Pretty simple I would think. If your business makes lots of trash you have to have more pick up. 1. A clear and articulated Strategic Direction for the future. 2. This compounded /conflicted by 'constituency management' style v.s. actual 'leadership'. 3. Standing still or slight movement into the future puts us behind other forward thinking cities of the same size - New Richmond, WI; Aspen, CO; Ashland, WI; Glenwood Springs, CO; Grayling, MI; Etc. Getting Lowell Park plan done!!! Besides the budget? Cleanliness. Geting more local to shop downtown The Bridge traffic and parking. doing a better job of utilizing our location in the valley. ex. doing more with the river front. Motorcycle noise. Ugh. If 1 had known how bad it was, I would never have bought. downtown- traffic. We need to put pressure on the Corp of Engineers to fund the permanent flood wall. It will save money in the long run and allow park improvement to move forward. Isn't Downtown part of the city of Stillwater? Downtown is the only thing that is Stillwater to anyone that is not from Stillwater. If you have gone to Paris, you would know what I mean. Traffic and noise are often mentioned as being important. If customers to downtown agree than water st will become the de facto pedestrian way. Therefore it must be pleasing to the eye -See design manual. However trying to pick one issue is trying to simplify a complex problem. No answer 14 36.84% Non completed 0 0.00% Question 17: Any other general comments you would like to share with the City? Answer 1 15 1 39.47% no Make the payed parking lots available to business in downtown. At least Monday - Thursday when they are empt. Or let us buy a pass for the payed lots instead of parking lots that will be close every other weekend for a event. be more pro -small business, we are why people move to Stillwater Trucks loading /unloading on myrtle between main and 2nd cause traffic problems. No more big festivals please. 1 know people think it benefits retail business. But when you put a hundred vendors in the park they take sales away from Main St. businesses who pay rent all year round. I also believe that more liquor licenses in Stillwater was a poor move. My 50 year old friends refer to Stillwater as a bar town, and festivals as "great drunk- atons ". I often work very late and overnight and teh number of significantly overserved patrons roaming the streets is pretty amazing. I am reading more and more about arrests, bar fights, and property damage because of unruly bar patrons. Again, l don't know what the answer might be, but it concerns me that people who don't live here have this idea about whatstillwater has become. Laura Bachman; The Chef's Gallery We all need to work together with the bad economy Lets keep downtown alive! 1. A slow. obstructionist, conflicted agenda without cooperation, forward thinking, or innovation. 2. An inability to engage the community as a whole and a pandering to selected constituencies of individual preference. Enforcement of existing ordinances is poor- parking is one example, not just in the downtown, but everywhere. For example, maybe if cars were ticketed for parking all day downtown while their owners worked, people would start using the parking ramp, generating a little revenue for the city and making parking available for customers. The downtown is the jewel of the valley. Please keep it unique and looking great. +++ Another thought... Stillwater Trolley service from some of the developemnts such as Liberty to Downtown on a Saturday. Free of charge. Trolleys cruise around the various neighborhoods, pick up people and bring them downtown and back home, etc. Thank you for the work, and looking for ways to handle issues in this difficult economic climate. We do not need higher taxes, we need to use our money more effectively, and I think you are trying to do just that. There are things like this issue, that seem to me, to be part of the cost of doing business. If you need a dumpster, and we depend on tourists for our business, then it should be our job to contain the dumpster in such a way as to maintain the beauty of our downtown as best we can. And it is ok for the city to have rules as to how it should look when done. With the new parking ramp open, please reconsider the application by 501 North Main to remove the parking spot closest to the north garage door. Someone is going to get killed there. I hope it's not me or someone you care about. A stunningly shortsighted decision on the city council's part. Target business that are problem areas leave others alone Yes, As obvious as they seem, I hope the new street passings make traffic better, but you can't make people obey them. Unless you use traffic cops? common sense, employeed staff This is a waste of time. AS mentioned many times we have accepted standards and it is now past time for bureaucrats to implement. No answer Non completed 23 0 60.53% 0.00% LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -89 3D Specialties, Inc. Abbott Paint & Carpet Ace Hardware Advanced Sportswear American Planning Association Aramark Uniform Services Armor Security Inc. Aspen Mills AT & T Becker Arena Board of Water Commissioner Boyer Ford Trucks C & T Hockey Carquest Auto Parts CDW Government, Inc. Century Power Equipment Cole Papers Consolidated Lumber Cub Diamond Products Edina Realty Emergency Automotive Technologies, Inc. Emily Program Enterprise Car Eichten's Service & Repair Engler, Chris Estate of Brienne Heroux European Hair Spa Extraordinary Journeys Fury Motors GFOA Golden Crown Restaurant Gopher State One Call, Inc. Grainger GTS Heritage Embroidery & Design Heritage Printing Highway Technologies HLB Tautges Redpath, LTD Holiday Howell Rescue Systems Inc. Ice Skating Institute Jacobson Cindy Kirvida Fire, Inc. 9 2" Couplers Paint for Stillwater Parking Ramp Supplies Jerseys for Adult League Membership 7/1/2010- 6/30/2011 Mats & Uniforms Monitoring Service Uniforms Telephone Skate Holders for Rentals & Latch Handles Hydrant at Echo Lane & May WAC Repair Ford F550 Pucks for Rink Equipment Repair Supplies Software Software, DVD R 50 pack Mower Blade Janitorial Supplies Refund of Fire Inspection Fee Concession Supplies White traffic paint, Latex Refund of Fire Inspection Fee Equipment Repair Supplies Refund of Fire Inspection Fee Refund of Fire Inspection Fee Repair Dehumidifier Park Deposit Refund Pioneer Park Refund of Federal Income Taxes Withheld Refund of Fire Inspection Fee Refund of Fire Inspection Fee Repair squad 217 - Charger SGR GAAFR Review Newsletter Refund of Fire Inspection Fee (4 Receipt Billable Tickets Equipment Repair Supplies Planning Commission Member Video Conf 2 Polo Shirts with first name personaliz Spring Newsletter Striping City Roads Arbitrage Rebate Calculation Serie 1998B Fuel Compact power unit Membership Photo Development Vehicle Repairs 182.76 27.35 390.66 1,434.00 340.00 605.77 89.78 772.25 96.77 1,869.45 5,835.64 66.00 1,210.00 539.49 216.14 37.38 291.27 75.00 10.38 388.49 130.00 112.78 25.00 25.00 129.00 100.00 744.25 37.50 25.00 484.28 50.00 147.50 478.50 1,152.65 30.00 48.32 2,643.02 7,434.58 6,855.00 31.67 1,690.00 350.00 5.76 10,693.75 EXHIBIT " A" TO RESOLUTION #2010 -89 Page 2 Kline Autoworld Landmark, Inc. LarsonAllen LLP Law Enforcement Tech Group,Inc League of MN Cities Insurance Trust Lehmoine Chyrisse Loome Theological Booksellers Magnusons Law Firm Menards Metropolitan Council Metropolitan Council Miller Excavating, Inc. Mitchell Ryan MN Board of AELSLAGID MN Office Of Monde Salon Municipal Code Corp. Oak Glen Office Depot Olson, Lillias OnSite Sanitation Papco Paulson & Clark Engineering, Inc. Peterson Hudson & Co Pogge, Michel Primitive Blessings Quill Corporation R &R Specialties Riedell Ruffridge Johnson Equip. Co. Sherwin Williams Signal Pro Equipment Simple Interest Simplex Grinnell LP Skyway Opticians Sprint St. Croix Harley- Davidson Stillwater & Oak Park Heights CVB Stillwater Medical Group Stillwater Motor Company Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T- Mobile T.A. Schifsky & Sons, Inc. Maintance on Ranger Reimburse Overpayment Progress Billing #3 2009 Audit 7 Months Canine Tracker Municipality CMC31494 2nd Installment Dare Class & Graduation Supplies Refund of Fire Inspection Fee Professional Service Supplies Wastewater Charge July 2010 May SAC Myrtle Street Ravine /Curve Crest Pond Direct Plug In Converter Comp Motorcycle License /Certificate Renewal WAN Services May 2010 Refund of Fire Inspection Fee Code on the Internet Refund of Fire Inspection Fee Office Supplies Refund Deposit Teddy Bear Park Unit Rental Squeege Assembly Hose & Blades Security System for Parking Ramp Refund of Fire Inspection Fee May Mileage Reimbursement Refund of Fire Inspection Fee Time Card for Cincinnati /Lathe Zamboni Repair Skates for Resale Coco Mats Refund of Fire Inspection Fee Equipment Repair Supplies Refund of Fire Inspection Fee Monitoring Serv, Replacement Smoke Heads Refund of Fire Inspection Fee Cell Phone Repair Siren on Motorcycle First Quarter Lodging Tax, 4th Qtr Delinquent Pre employment Drug Screening Vehicle Maintenance Tow Vehicles Publications Retiree Health Insurance, Cobra Cell Phone Asphalt 246.28 243.50 5,200.00 74.81 106,031.50 289.18 75.00 8,564.33 195.31 118,390.29 10,395.00 26,135.53 37.48 132.00 140.83 75.00 400.00 202.50 175.19 100.00 796.47 555.67 945.00 25.00 29.00 25.00 30.77 271.16 423.48 42.45 112.50 200.94 25.00 639.67 25.00 76.88 51.97 18,702.33 675.00 53.42 208.59 85.35 35,666.30 42.13 841.84 EXHIBIT " A" TO RESOLUTION #2010 -89 Page 3 Thomsen, Barbara Thomson West Toll Gas &Welding Supply Tri State Bobcat, Inc. Uniforms Unlimited, Inc Washington County License Center Washington County Property Records Washington County Transportation Watson Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks,LLC LIBRARY Ace Hardware Aramark Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental Beaudet, Michelle Blair, Ed BWI Boucher, Nick Grobe, Suanne Heritage Printing MacKenzie, Aaron Midwest Tape MN Dept. of Labor & Industry Newman, Star Michaelina Peterson, Andy Random House Trent, Richard Trent, Sara Van Paper Washington County Library Waterworks Irrigation Xcel Park Deposit Refund Pioneer Park Subscriptions Acetylene Cylinders Bobcat Skid Steer Loader, Hydraulic Motor Flashlight Holder Duplicate Lost Plate Printing & Publishing Traffic Services Concession Supplies Tires Fuel Telephone Janitorial Supplies Rug & Towel Service Library Materials Books Rental Program Materials Event Preparation Event Preparation Children's Books Event Preparation Refund Paper Event Preparation Rental DVD's Elevator Permits Children's Programs Event Preparation Juvenile Audio Books Event Preparation Professional Services Janitorial Supplies Telecommunications Maintenance Contract Utilities 100.00 168.00 30.60 2,760.00 19.77 13.00 92.00 33.00 157.84 967.73 9,608.98 517.28 26.72 61.11 3,213.21 114.31 33.72 71.05 28.42 31.06 35.53 400.00 19.25 14.21 45.98 200.00 160.00 49.74 396.80 17.76 133.92 359.35 765.00 150.00 3,730.51 Memorandum To: Mayor and City Council From: Torry Kraftson, Assistant City Engineer Date: June 11, 2010 Subject: Curve Crest Pond (Project 2009 -03) Myrtle Street Ravine (Project 2009 -04) Acceptance of Work and Final Payment DISCUSSION The work on the above two projects have been completed. The contractor has submitted their application for payment and required information to allow for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Miller Excavating, Inc. in the amount of $26,135.53. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2010 - , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR MYRTLE STREET RAVINE PROJECT AND CURVE CREST POND (Project 2009 -04 AND 2009 -03). RESOLUTION 2010 -90 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR MYRTLE STREET RAVINE PROJECT AND CURVE CREST POND (Project 2009 -04 AND 2009 -03) WHEREAS, pursuant to a written contract signed between the City and Miller Excavating, Inc. for improvement of the Myrtle Street Ravine Project (Project 2009 -04) and Curve Crest Pond Project (Project 2009 -03) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $26,135.53 on such contract, taking Miller Excavating, Inc. receipt in full. Attest: Adopted by the Council, this 15 day of June 2010. Diane F. Ward, City Clerk Ken Harycki, Mayor May 13, 2010 Diane Ward 216 4 St N Stillwater, MN 55082 In compliance with Article XIII, Section 12 of the City Chapter, I respectfully submit the Financial Statement of the Board of Water Commissioners for the year end December 31, 2009. R: 1 - a te Robert Benson Manager BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 Phone: 651 - 439 -6231 • FAX: 651 - 439 -4061 Board of Water Commissioners Stillwater, Minnesota In planning and performing our audit of the basic financial statements of Stillwater Board of Water Commissioners as of and for the year ended December 31, 2009, in accordance with auditing standards generally accepted in the United States of America, we considered Stillwater Board of Water Commissioners' internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and, therefore, there can be no assurance that all such deficiencies have been identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified certain deficiencies in internal control that we consider to be material weaknesses. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We consider the following deficiencies in Stillwater Board of Water Commissioners' internal control to be material weaknesses: Limited Segregation of Duties Due to the Board of Water Commissioner's limited number of office personnel, segregation of the accounting functions that is necessary to ensure adequate internal accounting control may not be possible. This is not unusual in an operation the size of the Board of Water Commissioners; however, the Board of Water Commissioners should constantly be aware of this condition and realize that the concentration of duties and responsibilities in a limited number of individuals is not desirable from an accounting point of view. This area should be reviewed periodically and consideration given to improving the segregation of duties. In making this review, it is most important to consider the benefit derived as weighed against the cost of the improvements. Management believes it is currently not economically feasible for the Board of Water Commissioners to hire additional staff in order to adequately segregate all incompatible duties. Therefore, the Board of Water Commissioners needs to be sufficiently involved in the oversight process and controls and responsibilities should be reviewed periodically. I N7Ek.NAT NAL Lars•nAllen LLP CPAs, Consultants & Advisors www.larsonallen.com LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. Board of Directors Board of Water Commissioners Page 2 Material Audit Adjustments - Internal Control over the Financial Reporting Process Management is responsible for establishing and maintaining internal controls, including monitoring, and for the fair presentation in the financial statements in accordance with U.S. generally accepted accounting principles. Management is responsible for the accuracy and completeness of all financial records and related information. Their responsibilities include adjusting the financial statements to correct material misstatements. As part of the audit, we proposed the following journal entries: • Adjust interest receivable to actual • Adjust amount due from the City • Adjust inventory, prepaid expense, and accounts receivable to actual • Adjust accrued wages, sick and vacation accruals, and longevity accruals to actual • Entry to amortize bond issue costs • Adjust special assessments to actual • Record depreciation expense and capital asset activity • Reclassify deferred revenue from accounts receivable These entries relate to internal controls over the year -end close -out process. The absence of a complete control procedure or process in this area is considered a material weakness because the potential exists that a material misstatement of the financial statements could occur and not be prevented or detected by the Board of Water Commissioner's internal control processes. Oversight of the Financial Reporting Process Management is responsible for establishing and maintaining internal controls and for the fair presentation of the financial position, results of operations, cash flows, and disclosures in the financial statements, in conformity with U.S. generally accepted accounting principles (GAAP). The Board of Water Commissioners does not have a system of internal controls that would enable management to conclude the financial statements and related disclosures are complete and presented in accordance with GAAP. As such, management requested us to prepare a draft of the financial statements, including the related footnote disclosures. The outsourcing of these services is not unusual in organizations of your size and is a result of management's cost benefit decision to rely on our accounting expertise rather than incurring this internal resource cost. We noted other matters involving the internal control and its operation that we have reported to management in a separate letter dated March 24, 2010. This communication is intended solely for the information and use of management, the Board of Water Commissioners, and others within the Organization, and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota March 24, 2010 1- 1.--P LarsonAllen LLP Board of Water Commissioners Stillwater, Minnesota NEX INTERNATIONAL Lars•nAl lerf LLP CPAs, Consultants & Advisors www.larsonallen.com We have audited the financial statements of the Stillwater Board of Water Commissioners, for the year ended December 31, 2009, and have issued our report thereon dated March 24, 2010. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards As stated in our engagement letter dated January 13, 2010, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. 1. Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement. 2. As part of our audit, we considered the internal control of the Stillwater Board of Water Commissioners. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. 3. We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures specifically to identify such matters. 4. We are responsible for communicating matters regarding the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Statute §6.65. Other Information in Documents Containing Audited Financial Statements Our audit opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a client prepared document, such as an annual report, should be done only with our prior approval and review of the document. Our responsibility for other information in documents containing the entity's financial statements and report does not extend beyond the financial information identified in the report. We do not have an obligation to perform any procedures to corroborate other information contained in such documents. Planned Scope and Timing of the Audit We performed the audit according to the planned scope and timing previously communicated to you in our meeting about planning matters on February 22, 2010. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Stillwater Board of Water Commissioners are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2009. LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. Board of Water Commissioners Page 2 Qualitative Aspects of Accounting Practices (Continued) We noted no transactions entered into by the Stillwater Board of Water Commissioners during the year for which there is a lack of authoritative guidance or consensus. We noted no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management's estimate of the useful lives of capital assets is based on authoritative guidance and past experience. We evaluated the key factors and assumptions used to develop this estimate in determining that it is reasonable in relation to the financial statements taken as a whole. Management's estimate of other postemployment benefits payable is based on an actuarially determined calculation, less actual payments incurred on behalf of retirees and an actuarially determined estimate of implicit rate subsidy, which is the estimated increased cost of premiums due to inclusion of retirees in the same plan as the Board of Water Commission's active employees. The disclosures in the financial statements are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The following material misstatements detected as a result of audit procedures were corrected by management: • Adjust interest receivable to actual • Adjust amount due from the City • Adjust inventory, prepaid expense, and accounts receivable to actual • Adjust accrued wages, sick and vacation accruals, and longevity accruals to actual • Entry to amortize bond issue costs • Adjust special assessments to actual • Record depreciation expense and capital asset activity. • Reclassify deferred revenue from accounts receivable Management did not identify and we did not notify them of any uncorrected financial statement misstatements. Board of Water Commissioners Page 3 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 24, 2010. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Stillwater Board of Water Commissioners' financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Stillwater Board of Water Commissioners' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the Members of the Board of Water Commissioners and management and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota March 24, 2010 �P LarsonAllen LLP BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEARS ENDED DECEMBER 31, 2009 AND 2008 1 1 1 1 1 1 i i BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER TABLE OF CONTENTS YEARS ENDED DECEMBER 31, 2009 AND 2008 INTRODUCTORY SECTION ORGANIZATION SCHEDULE 1 FINANCIAL SECTION INDEPENDENT AUDITORS' REPORT 2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3 BASIC FINANCIAL STATEMENTS BALANCE SHEETS 6 STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS 7 STATEMENTS OF CASH FLOWS 8 NOTES TO BASIC FINANCIAL STATEMENTS 9 REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF FUNDING PROGRESS FOR POSTEMPLOYMENT BENEFIT PLAN 21 SUPPLEMENTARY INFORMATION SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES 22 OTHER REPORTS SECTION REPORT ON MINNESOTA LEGAL COMPLIANCE 23 1 1 1 Board of Commissioners James O'Brien President Adam Nyberg Vice - President Steve Speedling Member Treasurer Officers Name BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER ORGANIZATION SCHEDULE DECEMBER 31, 2009 Title Term Expires 2012 2010 2011 Larry Hansen Appointed Robert Benson Manager Appointed Board of Water Commissioners Stillwater, Minnesota Minneapolis, Minnesota March 24, 2010 NEXIA IN NATIONAL Lars•nAllen LLP CPAs, Consultants & Advisors www.larsonallen.com INDEPENDENT AUDITORS' REPORT We have audited the accompanying financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the years ended December 31, 2009 and 2008, as listed in the table of contents. These basic financial statements are the responsibility of the Board of Water Commissioner's management. Our responsibility is to express an opinion on these basic financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial position of the Board of Water Commissioners as of December 31, 2009 and 2008, and the results of its operations and its cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. The management's discussion and analysis and schedule of funding progress as listed in the table of contents is not a required part of the basic financial statements but is supplementary information required by U.S. generally accepted accounting standards. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audits were conducted for the purpose of forming an opinion on the financial statements taken as a whole. The supplementary schedules of operating expenses as listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. I.. LP LarsonAllen LLP ( LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2009 This section of the Board of Water Commissioners' (the Commission) annual financial report presents the analysis of the Commission's financial performance during the fiscal years ended December 31, 2009 and 2008. Please read it in conjunction with the financial statements, which follow this section. The Management's Discussion and Analysis (MD &A) is an element of Required Supplementary Information specified in the Governmental Accounting Standard Board's (GASB) Statement No. 34 — Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments. Overview of the Financial Statements The Board of Water Commissioners is a component unit of the City of Stillwater, Minnesota, and is responsible to account for the distribution of water services to the residents of the City. The annual report of the Commission includes the basic financial statements, the independent auditors' report, notes that explain in more detail information in the financial statements and this management's discussion and analysis report. The report also includes supplementary information for operating expenses. Basic Financial Statements Required The financial statements report information about the Commission using accounting methods similar to those used by private sector companies. These statements offer short and long -term financial information about its activities. The Balance Sheets include all of the Commission's assets, liabilities, and net assets and provides information about the nature and amount of investments in various assets and obligations to the Commission's creditors. It also provides the basis for evaluating the capital structure, and determining the liquidity and financial flexibility of the Commission. The Statements of Revenues, Expenses and Changes in Net Assets accounts for all the current year's revenues and expenses. This statement measures the success of operations over the past year and can be used to determine whether all costs are recovered through user fees and other charges. This statement also measures the Commission's profitability and credit worthiness. The Statements of Cash Flows provides information about the Commission's cash receipts and cash payments during the reporting period. These statements report cash receipts, cash payments, and net changes in cash resulting from operations, investing and financing activities, and reports on changes in cash balances during the reporting period. The financial statements also include notes that explain some of the information in the statements and provide more detailed data. (3) Condensed Financial Statements To begin our analysis, a summary of the Balance Sheets is presented below. Net Utility Plant Other Long -Term Assets Current Assets Total Assets BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2009 Table A -1 Condensed Balance Sheets December 31, 2009 2009 2008 2007 $ 11,443,525 $ 11,006,624 $ 11,155,347 407,159 1,010,064 1,011,935 1,869,116 1,766,982 1,693,407 $ 13,719,800 $ 13,783,670 $ 13,860,689 Long -Term Liabilities $ 494,458 $ 579,604 $ 663,482 Current Liabilities 217,763 280,668 212,401 Net Assets 13,007,579 12,923,398 12,984,806 Total Liabilities and Net Assets $ 13,719,800 $ 13,783,670 $ 13,860,689 A summary of the Statements of Revenues, Expenses and Changes in Net Assets is presented below. Table A -2 Condensed Statements of Revenues, Expenses and Changes in Net Assets Year Ended December 31, 2009 2009 2008 2007 Operating Revenues $ 1,277,038 $ 1,108,767 $ 1,282,304 Less: Operating Expenses (1,333,533) (1,323,501) (1,275,690) Operating Income (Loss) (56,495) (214,734) 6,614 Other Income 140,676 153,326 118,502 Capital Contributions from City 999,829 Total Change in Net Assets $ 84,181 $ (61,408) $ 1,124,945 Financial Statement Analysis The 2009 increase in the net utility plant is mainly attributed the installation of well station number twelve and the 2009 street project. Significant Transactions Fiscal year 2009 was hotter and dryer than 2008, resulting in the pumping of 794,329,000 gallons of water, which is 7,124,000 gallons more than fiscal year 2008. (4) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2009 Budgetary Highlights The Commission adopts an annual Operating Budget. Because of its enterprise nature, the budgets are not operated as statutory budgets. The budget results are reviewed monthly and are used as a financial management tool. A summary of the 2009 and 2008 Budget Analysis is presented in Table A -3. Operating Revenues Less: Operating Expenses Operating Income (Loss) Other Income Total Change in Net Assets Table A -3 Condensed Budget Analysis Year Ended December 31, 2009 Budget $ 1,420,400 (1,004,972) 415,428 2009 Actual $ 1,277,038 (1,333,533) (56,495) 140,676 84,181 $ 415,428 $ (5) Budget $ 1,287,900 (1,392,300) (104,400) 167,600 $ 63,200 2008 Actual $ 1,108,767 (1,323,501) (214,734) 153,326 $ (61,408) Fiscal year 2009 operating revenue was higher than 2008 due to a rate increase as well as an increase in the gallons pumped for the year. The Commission did not receive capital contributions from the City of Stillwater. Fiscal year 2009 operating expenses were higher than 2008 due to an increase in repairs and supplies expense during 2009. Capital Asset and Long-Term Debt Activity The Commission made capital asset additions to utility plant, property and equipment in the amounts of $150,083 and $39,802 in fiscal years 2009 and 2008, respectively. Depreciation expense was $380,993 and $372,986 in fiscal years 2009 and 2008, respectively. The Commission did not issue any new long -term debt during fiscal years 2009 or 2008. Payments were made in fiscal years 2009 or 2008 in the amount of $90,000 on the current portion of principal due on existing long -term debt. All outstanding long -term debt is issued on behalf of the Commission by the Stillwater City Council and is backed by a pledge of net revenues of the Commission. Other Financial Information, Next Year's Budget and Rates The Board of Water Commissioners started construction of a new well in 2009 that will be completed in 2010. Contact Information This annual report is designed to provide a general overview of the Commission's finances for citizens, customers and others. Questions concerning any of the information contained in this report and requests for additional information should be addressed to the Board of Water Commissioners, City of Stillwater, 204 North Third Street, Stillwater, MN 55082 or by email at waterboard@ci.stillwater.mn.us or by phone at (651) 439 -6231. BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER BALANCE SHEETS DECEMBER 31, 2009 AND 2008 ASSETS 2009 2008 UTILITY PLANT, PROPERTY AND EQUIPMENT Non - Depreciable: Land $ 4,987 $ 4,987 Construction in Progress 852,272 184,461 Depreciable: Equipment 597,838 589,392 Distribution System 15,698,306 15,589,263 Total 17,153,403 16,368,103 Less: Accumulated Depreciation 5,709,878 5,361,479 Net Utility Plant 11,443,525 11,006,624 OTHER ASSETS Notes Receivable - Long -Term - 1,036 Bond Issue Costs - Net Accumulated Amortization 9,913 11,782 Investments in Time Deposits, Designated 397,246 997,246 Total Other Assets 407,159 1,010,064 CURRENT ASSETS Cash and Cash Equivalents 515,782 406,812 Investments in Time Deposits 952,754 952,754 Due from Primary Government 79,150 98,663 Accounts Receivable 172,592 165,061 Notes Receivable - Current Portion 112 Accrued Interest Receivable 38,685 48,857 Inventories 64,280 58,543 Prepaid Expenses 30,645 29,415 Net OPEB Obligation /Asset 15,228 6,765 Total Current Assets 1,869,116 1,766,982 Total Assets $ 13.719.800 $ 13.783.670 NET ASSETS AND LIABILITIES NET ASSETS Invested in Utility Plant, Net of Related Debt $ 10,923,525 $ 10,396,624 Unrestricted 2,084,054 2,526,774 Total Net Assets 13,007,579 12,923,398 LONG -TERM LIABILITIES Compensated Absences 64,458 59,604 Revenue Bonds Payable . 430,000 520,000 Total Long -Term Liabilities 494,458 579,604 CURRENT LIABILITIES Current Portion of Revenue Bonds Payable 90,000 90,000 Accounts Payable 29,133 97,741 Deferred Revenue 31,397 31,397 Accrued Expenses 13,880 9,643 Accrued Interest Payable 11,676 13,589 Current Portion of Compensated Absences 41,677 38,298 Total Current Liabilities 217,763 280,668 Total Liabilities 712,221 860,272 Total Net Assets and Liabilities $ 13.719.800 $ 13.783.670 See accompanying Notes to Basic Financial Statements. (6) 1 1 OPERATING REVENUES Water Sales Other Operating Revenues Total Operating Revenues OPERATING EXPENSES Production and Distribution Service Customer Expenses Administrative and General Expenses Depreciation Total Operating Expenses OPERATING LOSS BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS YEARS ENDED DECEMBER 31, 2009 AND 2008 NON - OPERATING REVENUES (EXPENSES) Interest Income Sale of Scrap or Other Materials Water Access Charges Meter Rental Charges Penalty Charges Miscellaneous Interest Expense Total Non - Operating Revenues CHANGE IN NET ASSETS Net Assets - Beginning of Year NET ASSETS - END OF YEAR See accompanying Notes to Basic Financial Statements. (7) 2009 1,209,822 67,216 1,277,038 556,312 37,219 359,009 380,993 1,333,533 (56,495) 49,080 12,151 76,053 7,667 15,635 8,113 (28,023) 140,676 84,181 12,923,398 2008 $ 1,060,593 48,174 1,108,767 562,368 31,604 356,543 372,986 1,323,501 (214,734) 70,890 2,941 88,744 14,386 15,075 (5,719) (32,991) 153,326 (61,408) 12,984,806 $ 13,007,579 $ 12,923,398 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Investments Redemption of Investments Interest Received Net Cash Provided by Investing Activities BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 2009 AND 2008 CASH FLOWS FROM OPERATING ACTIVITIES Cash Received from Customers Cash Paid to Employees Gash Paid to Suppliers Net Cash Provided by Operating Activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Construction and Acquisition of Utility Plant, Property and Equipment Principal Payments on Revenue Bonds Interest Paid Net Cash Used by Capital and Related Financing Activities NET INCREASE IN CASH AND CASH EQUIVALENTS Cash and Cash Equivalents - Beginning of Year CASH AND CASH EQUIVALENTS - END OF YEAR RECONCILIATION OF OPERATING INCOME (LOSS) TO CASH FLOWS FROM OPERATING ACTIVITIES Operating Income (Loss) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by Operating Activities: Depreciation and Amortization Cash Received from Other Nonoperating Income (Increase) Decrease in Assets: Accounts Receivable Due from Primary Government Notes Receivable Inventories Prepaid Expenses Net OPEB Obligation Increase (Decrease) in Liabilities: Accounts Payable Deferred Revenue Accrued Expenses Compensated Absences Net Cash Provided by Operating Activities See accompanying Notes to Basic Financial Statements. ( 2009 $ 1,378,504 (368,099) (622,857) 387,548 (817,894) (90,000) (29,936) (937,830) 2008 $ 1,224,385 (367,420) (519,936) 337,029 (224,263) (90,000) (34,884) (349,147) (350,000) 950,000 59,252 659,252 108,970 70,195 (1,550,000) 1,550,000 82,313 82,313 406,812 336,617 $ 515,782 $ 406,812 $ (56,495) $ (214,734) 382,862 119,619 (7,531) 19,513 1,148 (5,737) (1,230) (8,463) (68,608) 4,237 8,233 $ 387,548 374,857 115,427 (11,966) 11,382 775 (5,459) (2,770) (6,765) 67,816 12,102 (12,150) 8,514 337,029 1 1 i BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization and Operation The Board of Water Commissioners (the Commission) is a component unit of the City of Stillwater, Minnesota, created and prescribed by the City Charter. The purpose of the Commission is to account for the distribution of water services to the residents of the City. The City Council appoints members of the Commission and maintains annual budgetary controls over commission - delegated financial activities. The financial statements presented here are also included in the basic financial statements of the City of Stillwater. The accounting policies of the Board of Water Commissioners conform to U.S. generally accepted accounting principles. Financial Reporting Entity The Commission's basic financial statements include all funds, departments, agencies, boards, commissions, and other organizations over which Commission officials exercise oversight responsibility. Component units are legally separate entities for which the Commission (primary government) is financially accountable, or for which the exclusion of the component unit would render the financial statements of the Primary Government misleading. The criteria used to determine if the Primary Government is financially accountable for a component unit include whether or not the Primary Government appoints the voting majority of the potential component unit's governing body, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Based on these criteria, there are no organizations considered to be component units of the Commission. Measurement Focus and Basis of Accounting The accrual basis of accounting is used by the Commission. Under this method, revenues are recorded when earned and expenses are recorded when the related fund liability is incurred. The Commission applies only those applicable pronouncements of the Financial Accounting Standards Board issued on or before November 30, 1989 in accounting and reporting for its proprietary operations. The financial statements of the Commission have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financials reporting principles. The GASB has issued a codification of governmental accounting and financial reporting standards. This codification and subsequent GASB pronouncements are recognized as U.S. generally accepted accounting principles for state and local governments. (9) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Utility Plant, Property, and Equipment Utility plant, property, and equipment are recorded at cost, or in the case of contributions, at fair market value at the time received. Depreciation is calculated using the straight -line method over the assets' estimated useful lives, ranging from five to fifty years. Cash and Cash Equivalents For the purposes of the Statement of Cash Flows, cash equivalents are defined as short- term, highly liquid investments that are both: A. Readily convertible to known amounts of cash, or B. So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. The Commission's policy considers cash equivalents to be those that meet the above criteria and have original maturities of three months or Tess. Cash and cash equivalents consist of checking and savings accounts and cash on hand. Accounts Receivable It is management's judgment that losses from uncollectible customer receivables, if any, will be immaterial; therefore, no allowance for doubtful accounts is reflected in the financial statements. All accounts receivable are uncollateralized. Inventories Inventory is stated at the lower of cost (first -in, first -out method) or market. Net Assets Net assets represent the difference between assets and liabilities in the financial statements. Net assets invested in utility plant, net of related debt consists of capital assets, net of accumulation depreciation, reduced by the outstanding balance of any Tong -term debt used to build or acquire the capital assets. Net assets are reported as restricted in the financial statement when there are limitations imposed on their use through external restrictions imposed by creditors, grantors, laws or regulations of other governments. (10) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT The following list includes the major classes of capital assets: Capital Assets, Not Being Depreciated: Land Construction in Progress Capital Assets, Being Depreciated: Equipment: Trucks Office Furniture and Equipment Shop Equipment Distribution System: Original Plant Water Stations and Reservoir Building and Vault Standpipes Extensions Meters in Service Total Capital Assets Less: Accumulated Depreciation Net Capital Assets Changes in capital assets during 2009 are as follows: Capital Assets, Not Being Depreciated: Land Construction in Progress Capital Assets, Being Depreciated: Equipment Distribution System Total Capital Assets, Being Depreciated Accumulated Depreciation For: Equipment Distribution System Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Net Capital Assets Balance December 31, 2008 $ 4,987 $ - $ 184,461 667,811 589,392 15,589,263 16,178,655 436,117 4,925,362 5,361,479 10,817,176 $ 11,006,624 Additions 145,000 145,000 3,338,074 3,329,611 135,092 135,092 845,168 845,168 10,639,569 10,546,382 595,403 588,010 17,153,403 16,368,103 5,709,878 5,361,479 $ 11,443,525 $ 11,006,624 41,040 109,043 150,083 39,560 341,433 380,993 (230,910) $ 436,901 $ 2009 2008 $ 4,987 $ 4,987 852,272 184,461 122,651 123,721 110,047 101,086 365,140 364,585 Deletions Balance December 31, 2009 $ 4,987 852,272 32,594 597,838 15,698,306 32,594 16,296,144 32,594 443,083 5,266,795 32,594 5,709,878 10,586,266 $ 11,443,525 1 1 1 1 1 1 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT (CONTINUED) Changes in capital assets during 2008 are as follows: Capital Assets, Not Being Depreciated: Land Construction in Progress Capital Assets, Being Depreciated: Equipment Distribution System Total Capital Assets, Being Depreciated Accumulated Depreciation For: Equipment Distribution System Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Net Capital Assets Designated for Future Well Construction NOTE 4 DEPOSITS AND INVESTMENTS Balance December 31, 2007 $ 4,987 $ - $ 184,461 569,322 21,412 15,570,873 18,390 16,140,195 39,802 402,435 35,024 4,587,400 337,962 4,989,835 372,986 11,150,360 (333,184) $ 11,155,347 $ (148,723) NOTE 3 INVESTMENTS DESIGNATED BY THE BOARD Investments designated by the Board for specific purposes were as follows: (12) Additions Deletions 2009 $ 397,246 Balance December 31, 2008 $ 4,987 184,461 1,342 589,392 15,589,263 1,342 16,178,655 1,342 436,117 4,925,362 1,342 5,361,479 10,817,176 $ 11,006,624 2008 $ 997,246 In accordance with Minnesota Statutes the Commission maintains deposits at financial institutions which are authorized by the Commission's Board. Custodial Credit Risk — Custodial credit risk is the risk that in the event of a bank failure, the Commission's deposits may not be returned to it. The Commission does not have a deposit policy for custodial credit risk and follows Minnesota Statutes for deposits. 1 1 1 1 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 4 DEPOSITS AND INVESTMENTS (CONTINUED) Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance, corporate surety bonds, or collateral. Authorized collateral include: U.S. government treasury bills, notes, or bonds; issues of a U.S. government agency; general obligations of a state or local government rated "A" or better; revenue obligations of a state or local government rated "AA" or better; irrevocable standby letter of credit issued by a Federal Home Loan Bank; and time deposits insured by a federal agency. Minnesota Statutes require securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or at an account at a trust departments of a commercial bank or other financial institution not owned or controlled by the depository. The Commission's deposits in banks at December 31, 2009 and 2008 were entirely covered by federal depository insurance or by surety bonds and collateral in accordance with Minnesota Statutes. Balance at December 31, 2009: Balance at December 31, 2008: NOTE 5 INVENTORIES (13) Carrying Bank Amount Balance Cash and Cash Equivalents $ 515,782 $ 528,288 Investments in Time Deposits 952,754 952,754 Investments in Time Deposits - Designated 397,246 397,246 $ 1,865,782 $ 1,878,288 Carrying Bank Amount Balance Cash and Cash Equivalents $ 406,812 $ 435,563 Investments in Time Deposits 952,754 952,754 Investments in Time Deposits - Designated 997,246 997,246 $ 2,356,812 $ 2,385,563 The major classes of inventory consist of the following at December 31, 2009 and 2008: 2009 2008 Pipe and Fittings $ 32,659 $ 30,981 Brass Goods 10,369 8,379 Tools and Supplies 13,810 11,083 Meters 7,442 8,100 Total $ 64,280 $ 58,543 NOTE 6 COMPENSATED ABSENCES The Commission records a Tong -term liability for employee compensated absences consisting of vested sick pay and a current liability consisting of vested vacation and longevity. Employees earn vacation in arrears and may carry over five vacation days and one hundred sick days. Longevity is a calculation based on the number of years of service and the current rate of pay. It accrues monthly and is paid out on December 1 for the year ending November 30 of the same year. Employees are compensated for sick days in excess of one hundred days at year -end and for all vested sick days, vacation days, and longevity upon termination. As of December 31, 2009 and 2008, vested vacation pay benefits payable were $29,124 and $25,237, respectively, and vested longevity pay benefits payable were $1,047 and $952, respectively. The changes in compensated absences during 2009 and 2008 are as follows: Compensated Absences Compensated Absences NOTE 7 REVENUE BONDS PAYABLE BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 General Obligation Bonds: 2000B Water Revenue Bonds Changes in Tong -term debt General Obligation Bonds: 2000B Water Revenue Bonds Balance 12/31/2008 $ 97,902 Balance 12/31/2007 $ 89,388 Issue Date Balance 12/31/2008 Balance 12/31/2007 (14) Additions Deletions $ 48,167 $ 39,934 Additions Deletions $ 45,116 $ 36,602 Final Maturity Date Interest Rate Balance Due Within 12/31/2009 One Year $ 106,135 $ 41,677 Balance Due Within 12/31/2008 One Year $ 97,902 $ 38,298 Original Issue Payable 12/31/2009 04/01/00 02/01/15 4.00 % - 5.50% $ 1,330,000 $ 520,000 for the years ended December 31, 2009 and 2008 are as follows: Balance Due Within Additions Deletions 12/31/2009 One Year $ 610,000 $ - $ 90,000 $ 520,000 $ 90,000 Balance Due Within Additions Deletions 12/31/2008 One Year General Obligation Bonds: 2000B Water Revenue Bonds $ 700,000 $ $ 90,000 $ 610,000 $ 90,000 1 1 i 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 7 REVENUE BONDS PAYABLE (CONTINUED) Maturities of long -term debt are as follows: Year Ending December 31, Principal Interest Total 2010 $ 90,000 $ 25,683 $ 115,683 2011 90,000 20,958 110,958 2012 85,000 16,299 101,299 2013 85,000 11,688 96,688 2014 85,000 7,013 92,013 2015 85,000 2,338 87,338 Total $ 520,000 $ 83,977 $ 603,977 The General Obligation Water Revenue Bonds, Series 2000B dated April 1, 2000, were issued to finance a water project in the City of Stillwater, consisting of a new well pump house and construction of Settler's Park Reservoir. Bond principal is payable in annual installments ranging from $85,000 to $90,000 through February 2015, together with interest ranging from 4.0% to 5.5 %. NOTE 8 PENSION PLANS PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Plan Description All full -time and certain part-time employees of the Commission are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the Public Employees Retirement Fund (PERF) which is a cost - sharing, multiple - employer retirement plan. This plan is established and administered in accordance with Minnesota Statutes, Chapter 353 and 356. PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by state statute, and vest after three years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. (15) 1 1 i 1 1 1 1 1 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 8 PENSION PLANS (CONTINUED) PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (CONTINUED) Plan Description (Continued) Two methods are used to compute benefits for PERF's Coordinated and Basic Plan members. The retiring member receives the higher of step -rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2% of average salary for each of the first 10 years of service and 2.7% for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2% of average salary for each of the first 10 years and 1.7% for each remaining year. Under Method 2, the annuity accrual rate is 2.7% of average salary for Basic Plan members and 1.7% for Coordinated Plan members for each year of service. For PERF members hired prior to July 1, 1989 whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. Normal retirement age is 65 for Basic and Coordinated members hired prior to July 1, 1989. Normal retirement age is the age for unreduced Social Security benefits capped at 66 for Coordinated members hired on or after July 1, 1989. A reduced retirement annuity is also available to eligible members seeking early retirement. There are different types of annuities available to members upon retirement. A single -life annuity is a lifetime annuity that ceases upon the death of the retiree and no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required supplementary information for PERF. That report may be obtained on the Internet at www.mnpera.org, by writing to PERA at 60 Empire Drive #200, St. Paul, Minnesota 55103 -2088 or by calling (651) 296 -7460 or 1- 800 - 652 -9026. (16) NOTE 8 PENSION PLANS (CONTINUED) PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (CONTINUED) Funding Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The Commission makes annual contributions to the pension plans equal to the amount required by state statutes. PERF Basic Plan members and Coordinated Plan members are required to contribute 9.10% and 6.0 %, respectively, of their annual covered salary in 2009. The Commission was required to contribute the following percentages of annual covered payroll: 11.78% for Basic Plan PERF members, and 6.75% for Coordinated Plan PERF members. Employer contribution rates for the Coordinated Plan will increase to 7.00 %, effective January 1, 2010. The Commission's contributions to the Public Employees Retirement Fund for the years ended December 31, 2009, 2008, and 2007 were $24,454, $23,505, and $20,688, respectively. The Commission's contributions were equal to the contractually required contributions for each year as set by state statute. NOTE 9 RISK MANAGEMENT BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 The Commission is exposed to various risks of loss related to torts; theft of, damage to, or destruction of assets; error or omissions; injuries to employees or natural disasters for which the Commission carries commercial insurance. There have been no significant reductions in insurance coverage from the prior year. Settlement amounts have not exceeded insurance coverage for the current year or the three prior years. (17) 1 1 i 1 i BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN At December 31, 2008, the Water Commission adopted Governmental Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions. The Water Commission engaged an actuary to determine the Water Commission's liability for postemployment healthcare benefits other than pensions as of December 31, 2007. A. Plan Description The Water Commission provides benefits for retirees as required by Minnesota Statute §471.61 subdivision 2b. Active employees, who started before January 1, 1989 and retire from the Water Commission when over age 55 and satisfaction of the rule of 90, are eligible for free medical coverage for themselves and their families for life. Active employees, who started after January 1, 1989 and retire the Water Commission when over age 55 and satisfaction of the rule of 90, may continue coverage with respect to both themselves and their eligible dependent(s) under the Water Commission's health benefits program until age 65. Pursuant to the provisions of the plan, retirees are required to pay the total premium cost. As of December 31, 2009 there were 6 active participants and 8 retired participants receiving benefits from the Water Commission's health plans. B. Funding Policy The Water Commission funds its OPEB obligation on a pay as you go basis. For fiscal year 2009, the Water Commission contributed $58,392 to the plan. C. Annual OPEB Cost and Net OPEB Obligation The Water Commission's annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and amortize any un- funded actuarial liabilities over a period not to exceed thirty years. The following table shows the components of the Water Commission's annual OPEB cost for the year, the amount actually paid from the plan, and changes in the Water Commission's net OPEB obligation. Annual Required Contribution $ 49,929 Interest on Net OPEB Obligation Adjustment to Annual Required Contribution Annual OPEB Cost (Expense) 49,929 Contributions Made (58,392) Decrease in Net OPEB Obligation (8,463) Net OPEB Obligation- Beginning of Year (6,765) Net OPEB Obligation- End of Year $ (15,228) (18) 1 1 1 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN (CONTINUED) C. Annual OPEB Cost and Net OPEB Obligation (Continued) The Water Commission's annual OPEB cost, the percentage of the annual OPEB cost contributed to the plan, and the net OPEB obligation for 2009: Fiscal Annual Year OPEB Ended Cost 12/31/2008 $ 49,929 12/31/2009 $ 49,929 D. Funded Status and Funding Progress As of December 31, 2007, the most recent actuarial valuation date, the Water Commission's unfunded actuarial accrued liability (UAAL) was $783,743. The annual payroll for active employees covered by the plan in the actuarial valuation was $367,420 for a ratio of UAAL to covered payroll of 213.3 %. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and healthcare cost trends. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. E. Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the Tong -term perspective of the calculations. (19) Percentage of Annual OPEB Cost Contributed 113.5% 117.0% Net OPEB Obligation $ (6,765) (15,228) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2009 AND 2008 NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN (CONTINUED) E. Actuarial Methods and Assumptions (Continued) In the December 31, 2007 actuarial valuation, the entry age normal cost method was used. The actuarial assumptions included a 5% investment rate of return (net of administrative expenses), which is a blended rate of the expected long -term investment returns on plan assets and on the employer's own investments calculated based on the funded level of the plan at the valuation date. The initial healthcare trend rate was 8 %, reduced by decrements to an ultimate rate of 4% after five years. The UAAL is being amortized as a level percentage of projected payrolls on an open basis. The remaining amortization period at December 31, 2009 was 29 years. NOTE 11 COMMITMENTS The Stillwater Board of Water Commissioners has outstanding construction commitments of $100,000 for construction of a new well. (20) 1 1 1 1 1 1 1 1 REQUIRED SUPPLEMENTARY INFORMATION Actuarial Valuation Date 12/31/2007 STILLWATER BOARD OF WATER COMMISSIONERS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF FUNDING PROGRESS FOR POSTEMPLOYMENT BENEFIT PLAN DECEMBER 31, 2009 Actuarial Value of Assets (a) $ - Actuarial Accrued Liability (AAL) (b) $ 783,743 Unfunded AAL (b -a) $ 783,743 (21) Funded Ratio (a /b) Covered Payroll (c ) $ 367,420 UAAL as a Percentage of Covered Payroll ((b -a) /c) 213.3% 1 1 1 SUPPLEMENTARY INFORMATION 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES YEARS ENDED DECEMBER 31, 2009 AND 2008 2009 2008 PRODUCTION AND DISTRIBUTION EXPENSES Wages $ 223,210 $ 210,077 Repairs and Supplies 170,820 194,790 Chemicals 21,712 20,818 Electricity 84,326 76,756 Truck Expenses 8,952 12,135 Fuel 9,267 9,765 Testing Expenses 36,156 36,156 Amortization 1,869 1,871 Total Production and Distribution Expenses 556,312 562,368 SERVICE CUSTOMER EXPENSES Labor, Jobbing and Equipment 30,242 26,818 Repairs, Parts and Supplies 6,977 4,786 Total Service Customer Expenses 37,219 31,604 ADMINISTRATIVE AND GENERAL EXPENSES Wages 130,268 126,889 Employee Pensions and Benefits 156,046 157,561 Insurance and Bonds 40,427 34,198 Utilities and Telephone 7,566 6,965 Office Supplies and Postage 17,887 20,536 Audit 14,247 10,966 Other (7,432) (572) Total Administrative and General Expenses 359,009 356,543 DEPRECIATION EXPENSE 380,993 372,986 Total Operating Expenses $ 1,333,533 $ 1,323,501 (22) 1 OTHER REPORTS SECTION Board of Water Commissioners Stillwater, Minnesota La rs•nAl 1eri LLP CPAs, Consultants & Advisors www.larsonallen.com REPORT ON MINNESOTA LEGAL COMPLIANCE We have audited the financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the year ended December 31, 2009, and have issued our report thereon dated March 24, 2010. We conducted our audit in accordance with U.S. generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. Accordingly, the audit included such tests of the accounting records and such other accounting procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment districts. Our study included all of the listed categories, except tax increment districts since no tax increment districts have been established by the Board of Water Commissioners. The results of our tests indicate that, with respect to the items tested, the Board of Water Commissioners complied with the material terms and conditions of the applicable legal provisions. This report is intended solely for the information and use of the members of the Board of Water Commissioners, management and the office of the Minnesota State Auditor and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota March 24, 2010 NEXIA INTERNATIONAL 1-P LarsonAllen LLP (23) LarsonAllen LLP is a member of Nexia International, a worldwide network of independent accounting and consulting firms. DATE: REQUEST: BACKGROUND SPECIFIC REQUEST illwater THE BIRTHPLACE OF MINNESOTA Council Report June 8, 2010 CASE NO.: 2010 -16 APPLICANT: Raymond Queener, Assistant Supt. of Business & Administration Stillwater Public School District LAND OWNER: Johnson Kellog Properties, LLC 1) Rezoning from BP -I, Business Park Industrial to BP -C, Business Park Commercial 2) Comprehensive Plan Amendment changing the guided use from Industrial. to Commercial LOCATION: Former UFE site on South Greeley Street HEARING DATES: May 10, 2010 & June 1, 2010 COMPREHENSIVE PLAN: Industrial ZONING: BP -I, Business Park Industrial PREPARED BY: Bill Turnblad, Community Development Director 117 The Stillwater Area School District has outgrown its Early Childhood Family Center. Its preferred site for an expanded facility is the former UFE property on Greeley Street South. At the June 1 meeting, the City Council took two actions in support of the planned expansion: 1) approval of the first reading of a rezoning ordinance for the property; and 2) approval of the Comprehensive Plan amendment necessary to give final approval of the rezoning ordinance. At the City Council meeting of June 15, 2010 follow -up actions will be necessary to finalize the June 1, 2010 action. The two requested follow -up actions are: 1. Approve the second reading of the ordinance rezoning the three parcels along Greeley Street South from BP -I, Business Park Industrial to BP -C, Business Park Commercial and adopt the ordinance. ECFC June 8, 2010 Page 2 of 3 COMMENTS 2. Adopt the resolution formally amending the Comprehensive Plan's Future Land Use Map by reguiding the three South Greeley Street parcels from Industrial to Commercial. The City Council attached several conditions to their action at the last meeting. The status of each is addressed here. a. Neither the rezoning nor the Comprehensive Plan Amendment will become effective unless the City approves a Special Use Permit for the ECFC facility. This condition is found in the attached ordinance and resolution. b. As required by Washington County, a traffic impact study will need to be submitted together with other site design materials when the Special Use Permit application is filed with the City. The School District has ordered the traffic impact study and will submit it with their Special Use Permit application. c. The two properties north of the former UFE site on South Greeley shall remain zoned BP -C, Business Park Commercial and the 2030 Future Land Use Map should be amended to show the two properties as Commercial rather than Industrial. This is included in the comprehensive plan resolution. d. A Development Agreement shall be entered into that addresses the interests of adjacent property owners and addresses long term land use concerns. A first draft of the Development Agreement has been completed by the City Attorney and is being reviewed by the School District. As soon as it is ready for public consideration, it will be brought to the City Council. It will have to be found acceptable to the City Council prior to approval of the Special Use Permit by the Planning Commission. The Planning Commission is scheduled to consider the Special Use Permit on July 12, 2010. So, the Council should take action on the agreement at the July 6, 2010 Council meeting, or the Planning Commission review will have to be postponed. e. The City Attorney shall review liquor licensing laws to determine if the current Knights of Columbus license for the property to the south of the proposed ECFC site would be negatively impacted by the proposed location of the ECFC facility. The City Attorney finds that the applicable state restriction comes from Minn. Stat. Sec. 340A. Subd. 4 (8) which provides that a license may not be issued for a location that is "within 1500 feet of any public school that is not within a city." In our case, since both UFE and its neighbors are in the City, the state rule does not apply. Our City Code also has a provision that addresses the subject. Sec 43 -69 Subd. 4. provides that a license may not be issued to a location "which principal building is within 500 feet of a principal school building or a principal church building ". After reviewing the application submitted by ISD 834, it is apparent that the proposed use consists of storage, office and administrative use, an early childhood component, use by the Courage Center, and Metro East District 916 for integration of the hearing impaired children with the early ECFC June 8, 2010 Page 3 of 3 ALTERNATIVES The City Council has the following options: RECOMMENDATION childhood children that are not hearing impaired. Since the proposed use is mixed and varied, the use proposed by ISD 834 is not a "principal school building" and our code does not prohibit the continued issuance of a liquor license to the tenant in the building to the south of the new ISD 834 site. 1. Approve the second reading of the Rezoning Ordinance and adopt it; approve the Comprehensive Plan Amendment Resolution with attached conditions. 2. Table the requests for additional information. Staff recommends adopting the attached rezoning ordinance and approving the attached comprehensive plan amendment resolution. Attachments: Rezoning Ordinance Comp Plan Amendment Resolution effect. ORDIANANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The City's Official Zoning Map is amended as indicated on the attached map marked Exhibit A and the areas indicated thereon are changed from BP -I, Business Park Industrial to BP -C, Business Park Commercial. This proceeding is known as Planning Case Number 2010 -16. Section 2. This Ordinance shall be in full force and effect from and after approval of 1) A Special Use Permit for the Stillwater Area Public School District's Early Childhood Family Center, which is proposed to be located on the subject property; and 2) Publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 15 Day of June, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk 1775 1825 1845 Subject Property 966 1976 1986 RESOLUTION NO. 2010- A RESOLUTION APPROVING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT CHANGING THE FUTURE LAND USE FOR PROPERTY LOCATED ON GREELEY STREET SOUTH FROM INDUSTRIAL TO COMMERCIAL CASE NO. 2010 -16 WHEREAS, Raymond Queener of the Stillwater Area Public School District made application for approval of a Comprehensive Plan Land Use Map amendment changing the future land use of the subject property from Industrial to Commercial; and WHEREAS, the subject property is located as indicated on Exhibit A; and WHEREAS, on May 10, 2010 the Planning Commission held a public hearing on the requested Comprehensive Plan amendment; and WHEREAS, on June 1 st the City Council held a public hearing on the request and testimony was overwhelmingly in favor of the Comprehensive Plan Amendment; and WHEREAS, the City Council found that the requested Comprehensive Plan Amendment was consistent with the transitioning land use pattern of Greeley Street South, and that the proposed land use would not be inconsistent with surrounding land uses. NOW; THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Comprehensive Plan Amendment with the following conditions: 1. If the Metropolitan Council requires any significant modifications to the Comprehensive Plan amendment as proposed, then the Comprehensive Plan amendment shall be reconsidered by the City. 2. If the Metropolitan Council finds that the Comprehensive Plan amendment has a substantial impact on, or contains a substantial departure from, any metropolitan systems plan, then the Comprehensive Plan amendment shall be reconsidered by the City. 3. The Comprehensive Plan amendment shall only become effective if the Stillwater Area Public School District makes application to the City of Stillwater for a Special Use Permit for the School District's Early Childhood Family Center, and that request is approved by the City. 4. The Comprehensive Plan's future land use map designation for the two properties immediately north of the subject property (See Exhibit B) shall also • 1 r be amended to change the guided future land use from Industrial to Commercial. Enacted by the City Council of the City of Stillwater, Minnesota this 15 day of June, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Exhibit A l 1570 -1240 EST -' FRONTAGE -' " ROAD 1775 1825 1845 CURVE Subject Property 1902 -1912 1902 -1912 14100 S ELTON 14130 TREET 4ORTH DR ZVE 14200 14298 160".1 oa 709 N. O O -, N O wco VICTORIA - COU ' N N w v-- \ w . SHELTON" " -- _. OUTLOT B 1675 1611 -1629 1709 60TH 701: STATE 1 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 6/9/2010 Subject: Water Board Appointment DISCUSSION: Mr. Adam Nyberg's term on the Board of Water Commissioners expires on June 30, 2010. He filled the unexpired term of Jay Kimble Attached is a letter from Robert Benson indicating that Mr. Nyberg has expressed his interest in continuing to serve on the board. ACTION REQUIRED: The Board of Water Commissioners has recommended the appointment of Mr. Nyberg and a resolution should be passed appointing Mr. Nyberg to the Board of Water Commissioners for a period of three years (until June 30, 2013). NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby appoints Adam Nyberg to the Board of Water Commissioners with his term expiring June 30, 2013. Adopted by Council this 15 day of June, 2010. Attest: Diane F. Ward, City Clerk APPOINTMENT OF ADAM NYBERG TO THE BOARD OF WATER COMMISSIONERS Ken Harycki, Mayor May 13, 2010 Diane Ward 216 4 StN Stillwater, MN 55082 BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 Phone: 651- 439 -6231 FAX: 651- 439 -4061 Dear, Diane Adam Nyberg's term on the Board of Water Commissioners expires on June 30, 2010. He has expressed his willingness to again serve on the Board. It is the desire of the Board of Water Commissioners to ask for Mr. Nyberg's reappointment, as a member of the Board of Water Commissioners. Sincerely, obert Benson Manager MEMORANDUM TO: Mayor and City Council FROM: Tony Kraftson, Assistant City Engineer DATE: June 10, 2010 RE: 2010 Street Sealcoat Project Project 2010 -04 DISCUSSION: Bids for the 2010 Street Sealcoat Project were opened on Thursday, June 3' 2010. The City received two bids with the low bid of $262,842.60 submitted by Allied Blacktop Co. (see attached resolution). The City of Stillwater portion of the bid is estimated to be $106,500.00, with the remaining portion of the bid for work in Oak Park Heights, Baytown Township, Stillwater Township, and Bayport. The 2010 budget for seal coating is $100,000. We plan to monitor quantities during construction and eliminate streets if necessary to remain within the budget. RECOMMENDATION It is recommended that the City accept the bids submitted for the 2010 Street Sealcoat Project and award the contract to Allied Blacktop Company with a low bid of $262,842.60. It is recommended that Council authorize staff to sealcoat as many streets as possible in order to keep the project within budget. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2010- ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET SEALCOAT PROJECT WHEREAS, pursuant to an advertisement for bids for the 2010 Street Sealcoat Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; and ACCEPTING BID AND AWARDING CONTRACT FOR 2010 STREET SEALCOAT PROJECT (Project 2010 -04) BIDDER BID AMOUNT Allied Blacktop Co., Maple Grove, Minnesota $262,842.60 Pearson Bros., Inc., Hanover, Minnesota $313,563.00 WHEREAS, it appears that Allied Blacktop Co. of Maple Grove, Minnesota is the lowest responsible bidder. WHEREAS, the City of Stillwater's share of the project is $106,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Co. of Maple Grove, Minnesota in the name of the City of Stillwater for the sealcoating 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 15th day of June 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor 0 1000 2000 4000 SCALE IN FEET iliwater THE NINTNFLNNE OF MINNESOTA 2010 SEAL COAT PROJECT PROJECT NUMBER 2010 -04 FILE NO. 2010 -04 DATE 5 -7 -10 June 9 June 9 June 10 June 10 Washington C County F BOARD AGENDA JUNE 8, 2010 - 9:00 A.M. REMINDER: NO BOARD MEETING ON JUNE 29, 2010 — 5 TUESDAY MEETING NOTICES ** Metropolitan Library Service Agency (MELSA) 12:00 p.m. Minnesota Inter -County Association 2:00 p.m. Metro TAB Policy Committee 12:30 p.m. I -94 Corridor 3:30 p.m. Assistive listening devices are available for use in the County Board Room If „n„ nand accietanru dun to ,1i hJ;fv nr tannuagn harriar niaaca ra11 !RR11 4Qn.RlMf Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will 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 the right to limit an individual's presentation if it becomes redundan4 repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:15 Community Services — Deborah Tulloch, Supervisor Adult Protection Activities, Responsibilities and Legislative Changes 5. 9:30 General Administration — Molly O'Rourke Deputy Administrator Designation of Voting Delegate for the 2010 National Association of Counties Election 6. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:00 Executive (Closed) Session with Public Works Discuss Possible Purchase of the Parks and Trails Council Parcel for Inclusion into the Grey Cloud Island Regional Park 9. 10:15 Adjourn 10. 10:20 to 10:40 — Workshop with Office of Administration Review County Efforts to Improve Efficiency, Effectiveness and Responsiveness * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location 100 Empire Drive — St. Paul Kelly Inn, Sibley Room r Floor — St. Paul 390 Robert Street North — St. Paul 8301 Valley Creek Road — Woodbury City Hall EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 8, 2010 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the May 25, 2010 Board meeting minutes. Community Corrections B. Approval to authorize the Community Corrections Director to amend the State Fiscal year 2010/2011 Joint Powers Agreement. Public Health and Environment C. Approval and authorization from the County Board Chair and Administrator to enter into an agreement with the Minnesota Department of Public Safety, Division of Homeland and Emergency Management, to receive funding through the Emergency Management Performance Grant Program. Public Works D. Approval and execution by Board Chair and Administrator of Recycling Grant Agreement with the City of Oakdale for distribution of curbside recycling funds. E. Approval of resolution, authorization to enter into State Cost -Share Assistance Contract with Washington Conservation District for reimbursement of costs associated with habitat restoration at Square Lake County Park. *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. Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Lisa Weik, District 5. Commissioner Myra Peterson, District 4, absent. Board Chair Pulkrabek presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — attended the Solid Waste Management Coordinating Board; attended the Ramsey /Washington Resource Recovery Project Board meeting; and attended the Woodbury Lions Veterans Memorial where a Silver Star was presented to Ron Kane; - Commissioner Kriesel — attended the Stillwater Veteran's Memorial event; and he will meet with the 3M Company to discuss the I -94 corridor; - Commissioner Hegberg — will not be at next week's Board meeting he will be attending the Public Risk Management Association Conference. Community Services Approval of the following actions: - Subordination Agreement with the Minnesota Housing Finance Agency for property located at 8944 92 " Street South, Cottage Grove; - Letter of support for CommonBond Communities for the development of affordable housing for seniors and individuals with disabilities in the City Walk development at Woodbury. General Administration Summary of Proceedings Washington County Board of Commissioners June 1, 2010 Approval of the following actions: - May 18, 2010 Board meeting minutes;. - Award bid for office supplies /equipment to Staples conditioned upon execution of a contract as approved by law; Appointment, reappointments to the Carnelian- Marine -St. Croix Watershed District Board of Managers as follows: Kristin Tuenge, Scandia, to a first term expiring June 21, 2013; Jason Husveth, May Township, to a first full term expiring June 21, 2012; Thomas Polasik, Stillwater Township, to a first full term expiring June 21, 2013; and John Lennes, Jr., May Township, to a first full term expiring June 21, 2013; Legislative update presented by John Kaul, Legislative Liaison; Board correspondence was received and placed on file. Housing and Redevelopment Authority Approval of Resolution No. 2010 -088, establishing the date for a public hearing on the proposal that Washington County approve the issuance and principal amount of certain Governmental Housing Revenue Refunding Bonds to be issued by the Washington County Housing and Redevelopment Authority for the housing development project located in the City of Landfall Village for June 22, 2010. Property Records and Taxpayer Services Adoption of Resolution No. 2010 -087, application to conduct excluded bingo for the St. Paul East Park Lions Club August 4 thru August 8, 2010. Public Health and Environment Approval of the following actions: Environmental Health Services and Drinking Water Protection delegation agreements with the Minnesota Department of Health; - Establish a public hearing for Lodging, Manufactured Home Park/Recreational Camping Area/Youth Camp, and Public Pool Ordinances for Tuesday, June 22, 2010. Public Works Approval of the following actions: - Appoint Melissa Lewis, Grant, to the Parks and Open Space Commission, to a first term expiring December 31, 2012; - Contract with Braun Intertec Corporation for geotechnical services on the County Road 83 overpass construction project in the City of Forest Lake; - Work Order #3 to the County Road 83 bridge construction project contract with Robert R. Schroeder Construction; - Trunk Highway (TH) 61 Access Management Plan and Memorandum of Understanding for the section of TH 61 from the northern intersection of TH 97 to 180 Street in the City of Forest Lake with the Minnesota Department of Transportation, City of Forest Lake, and Washington County Regional Railroad Authority; - Board workshop held for an update on the Big Marine Park Reserve Master Plan; - Board workshop held for an update on the Lake Elmo Park Reserve Winter Recreation Area and the St. Croix Bluffs Regional Park Campground Shower building. Regional Rail Authority Approval of the following actions: - May 11, 2010 Regional Railroad Authority meeting minutes; Trunk Highway (TH) 61 Access Management Plan and Memorandum of Understanding for the section of TH 61 from the northern intersection of TH 97 to 180 Street in the City of Forest Lake with the Minnesota Department of Transportation, City of Forest Lake, and Washington County. Sheriff's Office Approval to accept Amendment #3 to the Joint Powers Agreement with the State of Minnesota to house Minnesota Department of Corrections offenders in the Washington County jail. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Commissioner Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board Chair Pulkrabek presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — attended the Counties Transit Improvement Board and workshop; attended the Library Board meeting; the Association of Minnesota Counties District X meeting was canceled; and she will attend the Woodbury Lions Memorial Day event; - Commissioner Hegberg — attended the Counties Transit Improvement Board and workshop; and the Transportation Advisory Board meeting; - Commissioner Kriesel — attended the Parks and Open Space Commission; and he attended the ribbon cutting ceremony for County Road 18 in Lakeland and Lakeland Shores. Community Services Approval of the following actions: - Reappoint Ann Bebeau, Stillwater, to the Child Protection Citizen Review Panel; - Director to sign letter of confirmation for CommonBond Communities; - Accept 12 booster car seats from King of Kings Church in Woodbury. General Administration Summary of Proceedings Washington County Board of Commissioners May 25, 2010 Approval of the following actions: May 11, 2010 Board meeting minutes; Two Countywide Mission Directed projects through the existing balance; and suspend the Mission Directed Budget program for the fiscal year ended December 31, 2009; Board correspondence was received and placed on file; Board workshop held to discuss the 2010 budget reductions and planning for the 2011 budget. Housing and Redevelopment Authority Approval of the following actions: Public hearing held to consider a request to allow the Housing and Redevelopment Authority to pledge the general obligation of Washington County as security for the issuance of revenue bonds to finance the acquisition and construction of the TrailSide Senior Living Proj ect; - Resolution No. 2010 -086, approving the Pledge of the General Obligation of Washington County to the Housing and Redevelopment Authority Governmental Housing Revenue bonds Series 2010 for the TrailSide Senior Living Project. Public Works Approval of the following actions: - Cooperative agreement with Anoka County for improvements along Interstate 35 corridor in the Cities of Columbus and Forest Lake; and, authorization to enter into a cooperative agreement with the City of Columbus for the Howard Lake Drive reconstruction project; Board workshop held to discuss a request for financial and technical assistance in development of a traffic study on Century Avenue (TH 120 from I -94 to TH 244); Board workshop held to discuss aggregate material removal, gravel tax special reserve fund balance; and request from the City of Hugo for a grant to improve local haul roads surrounding a former gravel pit. Sheriff's Office Approval to enter into a Joint Powers Agreement with the Bayport Police Department pertaining to fuel use /purchase by the Bayport Police Department through the Washington County Sheriff's Office, utilizing the State Fuel Contract. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. 1. 2:15 Roll Call Pledge of Allegiance 2. 2:15 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function ofcl+hington County Government, whether or not the issue is listed on this agenda. Persons r*o wish to address the Board must fill out a comment card before the meeting begins and give it to thec6lnty Board secretary or the County Administrator. lie County Board Chair will ask you to come to the podium, state your name and address, and present your comments. ohs are encouraged to limit your presentation to no more than five minutes. h Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part ofddihington County's responsibilities. Tie chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 2:25 Consent Calendar — Roll Call Vote 4. 2:25 Minnesota Inter - County Association — Keith Carlson, Executive Director 2010 Legislative Report 5. 2:55 General Administration — Jim Schug, County Administrator Approval of the Recommended 2010 Budget Reduction Plan 6. 3:10 Commissioner Reports — Comments — Questions This period of time shall be used by the emmissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. His action is not intended to result in substantive board action during this time. Any action necessary because of discussion mill be scheduled for a future board meeting. 7. Board Correspondence 8. 3:30 Adjourn 9. 3:30 to 4:00 — Board Workshop with Community Services Discuss the Child Support Program June 15 June 16 June 16 June 16 June 17 June 17 June 17 June 17 Washington BOARD AGENDA ** *PLEASE NOTE CHANGE IN TIME * ** JUNE 15, 2010 -2:15 P.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 5:00 County Board Convenes as Board of Appeal and Equalization * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING ON JUNE 29, 2010 — 5 TUESDAY MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location Housing & Redevelopment Authority Board Meeting Counties Transit Improvement Board Workforce Investment Board Metro TAB Program & Advisory Board Metro Area Agency on Aging Audit Committee Public Health Emergency Preparedness CAP - Ramsey and Washington Counties 3:30 p.m. 8:30 a.m. 8:30 a.m. 12:00 p.m. 9:00 a.m. 1:30 p.m. 5:30 p.m. 6:30 p.m. Assistive listening devices are available for use in the County Board Room 1584 Hadley Avenue North — Oakdale 90 West Plato Blvd. — St. Paul 8301 Valley Creek Road - Woodbury 390 Robert Street North — St. Paul 2365 McKnight Road — North St. Paul Washington County Government Center Washington County Government Center 450 Syndicate Street North — St. Paul EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Community Corrections Summary of Proceedings Washington County Board of Commissioners June 8, 2010 Present were Commissioners Bill Pulkrabek, District 2; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Dennis C. Hegberg, District 1, absent. Board Chair Pulkrabek presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Kriesel — announced that the county was named a 2010 Achievement Award winner by the National Association of Counties for its Yellow Ribbon Network Program; there is a new Chapter of Let's Go Fishing in the Stillwater Area; and he will be going to Washington D.C. this week to meet with legislators to discuss transportation issues; Commissioner Peterson — reported she had lunch with Teresa VanderBent to discuss housing and the Three Rivers Land Trust; Commissioner Weik — attended the Metro Energy Policy Coalition last week where they discussed Understanding Property Assessed Clean Energy Financing and suggested that the Board discuss this topic at a future workshop. Approval to amend the State Fiscal Year 2010/2011 Joint Powers Agreement with the State of Minnesota for Sentence to Service Crews. Community Services Update given on adult protection activities, responsibilities, and legislative changes for reporting vulnerable adult concerns which were implemented in August of 2009; and that June 15 is World Elder Abuse Awareness Day. General Administration Approval of the following actions: Mayor Dean Johnston, City of Lake Elmo, informed the Board that the City Council would discuss the Rosalie E. Wahl Library and the limited access to the library at a workshop this evening and probably at their June 15 meeting; May 25, 2010 Board meeting minutes; Commissioners Award to Alec Vujovich, who risked his life jumping into the St. Croix River to save the life of another young man on May 26, 2010; Appointment of Commissioner Dennis C. Hegberg as voting delegate, and Commissioner Gary Kriesel as alternate for the National Association of Counties Election to be held in Washoe County, Nevada on July 16 -20, 2010; Standard and Poor's Rating Agency to release the county rating later this week; Reminder that the Board of Appeal and Equalization will be held next week at 5:00 p.m. and that the County Board meeting will be held prior to that time; Workshop held to review county efforts to improve efficiency, effectiveness and responsiveness. Housing and Redevelopment Authority Adoption of Resolution No. 2010 -090, establishing the date for a public hearing on the proposal that Washington County approve the issuance and principal amount of certain Governmental Housing Revenue Refunding Bonds to be issued by the Washington County Housing and Redevelopment Authority for the housing development project located in the City of Landfall Village for July 6, 2010. Public Health and Environment Approval of the following actions: Agreement with the Minnesota Department of Public Safety, Division of Homeland and Emergency Management, to receive funding through the Emergency Management Performance Grant Program; Recycling grant agreement with the City of Oakdale for distribution of curbside recycling funds. Public Works Approval of the following actions: - Resolution No. 2010 -089, state cost -share assistance contract with Washington Conservation District for a native vegetation restoration project at Square Lake; Executive Session held to discuss possible purchase of the Parks and Trails Council parcel for inclusion into the Grey Cloud Island Regional Park. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota.