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2010-09-07 CC Packet
REGULAR MEETING RECESSED MEETING STAFF REPORTS 3. Police Chief TNT IIRTNELRCE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street September 7, 2010 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Lumberjack Days & Marathon Debriefing 2. Downtown Parking Commission recommendation on fees for private use of public parking spaces 4. Fire Chief 5. City Clerk 7. Public Wks 8. Finance Dir. 9. City Dir /City Engr. Attorney CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Pete Orput 4:30 P.M. 7:00 P.M. 6. Community Dev. Director Solar Panel ordinance 10. City Administrator APPROVAL OF MINUTES 11. Possible approval of the August 17, 2010 budget workshop and regular meeting minutes and the August 24, 2010 Budget Workshop minutes OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll CaII) 13. Resolution 2010 -129, directing payment of bills 14. Possible approval of use of Lily Lake Tennis Courts for sale of Christmas Trees — Stillwater Elks 15. Possible approval of Fire Prevention Week Signs /Banner placements 16. Resolution 2010 -130, approval of ICMA -RC Managed Account agreement 17. Possible approval of permit to sell — 3rd Annual Bean Bag Toss Tournament @ Lily Lake Park 18. Resolution 2010 -131, accepting and approving the quote from Natural Resource Group Inc. 19. Resolution 2010 -132, approval of Flood Hazard Mitigation Grant Agreement with the State of Minnesota, Department of Natural Resources 20. Resolution 2010 -133, resolution amending Resolution 2010 -95, Appointing Election Judges and Fixing Compensation PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. This is the date and time for a public hearing to consider a request from Brian Pilrain, Roman Market Inc., for a zoning text amendment to the VC- Village Commercial District to allow a restaurant with alcohol sales. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 20, 2010 (Ordinance — Roll Call) 22. This is the date and time for a public hearing to consider the issuance of an On -Sale and Sunday Liquor License for Roman Market, Inc., DBA: Patriot's Tavern located at 145 New England Place. Applicant: Brian Pilrain. (Resolution — Roll Call) UNFINISHED BUSINESS 23. Live Music on Deck — American Legion (see August 17, 2010 minutes) 24. Possible approval of findings of fact for Trom variance appeal denial (Resolution — Roll Call) NEW BUSINESS 25. Possible 1s reading of Ordinance 1020, an ordinance regulating Subsurface Sewage Treat Systems in the City of Stillwater (1 reading — Roll CaII) 26. Discussion on Commission Openings 27. Possible approval of Take Me to the River Festival — Art Reach St. Croix 28. Possible adoption of resolutions: Adopting the proposed tax levy for the payable year 2011, Adopting the proposed budget for the year 2011, and Setting payable 2011 Truth -N- Taxation Pubic Hearing dates (3 separate resolutions -Roll CaII) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT to Executive Session to discuss labor relations 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. Off Season Rates All city parking Tots: 3 hours or less Free All city parking lots : > 3 hours $3 /day /space On- street parking (except on Main Street) $3 /day /space TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: August 31, 2010 RE: Private use of public parking in downtown Stillwater BACKGROUND Over the years various groups have requested downtown parking lot spaces and on- street parking spaces for events and other private uses. Sometimes the Parking Commission approved the requests, sometimes not. When approved, sometimes a fee was charged, but not always. A consistent policy does not exist. Therefore, the Downtown Parking Commission spent a number of months developing a recommended policy and rate schedule, which was finally adopted at their July 16, 2010 meeting. RECOMMENDED POLICY AND RATES 1. Executive Summary THE BIRTHPLACE OF MINNESOTA Peak Season Rates Lot 1 All other city parking lots $15 /day /space' $9 /day /space On- street parking (except on Main Street) � ater. $9 /day /space • Private uses include: events, construction dumpsters, construction staging, reserved space for horse carriages, etc. • No private use of Main Street's on- street parking • Rates for larger special events to be negotiated and included in a special event contract • Rates apply to all private use. No waivers granted. This applies even to public agencies and non - profit groups. Partial day use (or reservation) will incur only a partial day fee as follows: 0 -2 hours = $5; >2 but <4 hours = $10; more than 4 hours = $15. 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0 -2 hours = $3; >2 but <4 hours = $6; more than 4 hours = $9. Parking Policy August 31, 2010 Page 2 of 4 2. Policy a. Event parking i. Use of public parking spaces (parking lot and /or on- street parking) for events is acceptable under certain conditions. Those conditions include the following: 1. If the use is associated with an event, a completed event permit application must be submitted to and approved by the City prior to use of the parking spaces. Review of the event permit application will include consideration by the Downtown Parking Commission. 2. If one or two parking lot or on- street spaces are being requested, then the request will be approved (or denied) by the Downtown Parking Commission. 3. If three or more parking lot spaces or on- street spaces are being requested, then the request will be reviewed by the Parking Commission and forwarded to the City Council for approval (or denial). 4. No on- street parking spaces will be rented along Main Street. 5. Whenever public parking spaces are used for other than general public parking, the event organizer or user will be required to pay a rental fee. The amount of the fee shall be as established below, unless a fee is specifically negotiated and accepted by the City Council within the terms of a Special Event Contract. Any such parking fee shall be paid even if the user or organizer is a public agency, semi - public agency /group, or a not - for - profit group /agency. ii. The revenue generated by the public parking space fees will be deposited in the Downtown Parking Enterprise Fund. iii. Since the Parking Enforcement Officer wages are paid from the Downtown Enterprise Fund, whenever the Parking Enforcement Officer's time is charged to an event organizer, the revenue will be deposited into the Downtown Parking Enterprise Fund. b. Non -event parking i. Review of requests for non -event use of public parking spaces (e.g. construction dumpsters, construction staging areas, reservations for horse carriages, etc.) will consider the following standards: 1. For requests to use one or two spaces, the Parking Commission shall review and approve (or deny) the request. For requests to use three or more spaces, the Parking Commission shall review and make a recommendation to the City Council, which shall approve (or deny) the request. 2. Non -event uses will not be allowed in on- street parking spaces along Main Street. Parking Policy August 31, 2010 Page 3 of 4 3. Non -event uses may be allowed in 3 hour public parking lots, and /or on- street parking spaces (except Main Street). However, they will not be allowed in any of the pay lots, which are currently identified as Lot 1 and Lot 2 in the 2010 Downtown Stillwater Public Parking Guide. ii. Whenever public parking spaces are used for other than general public parking, the non -event user will be required to pay a rental fee. The amount of the fee shall be as established below. This fee shall be paid even if the user is a public agency, semi - public agency /group, or a not - for- profit group /agency. iii. The revenue generated by the public parking space fees will be deposited in the Downtown Parking Enterprise Fund. 3. Rate schedule a. Parking Lot Spaces i. Peak season rates 1. Lot 1= $15 per space per day. If the parking lot space(s) is /are reserved or used for only part of a day, the fee will be pro- rated 2. All lots except Lot 1= $9 per space per day. If the parking lot space(s) is /are reserved or used for only part of a day, the fee will be pro- rated. 3. For larger events the parking fee will be negotiated and included within the required Special Event Contract. A starting point for the negotiation will be the standard rates stated above. ii. Off season rates 1. All lots = three hours or less free; more than three hours will be charged $3 per space per day. b. On- Street Parking Spaces i. Peak season: $9 per space per day. If the parking space(s) is /are reserved or used for only part of a day, the fee will be pro -rated ii. Off season: $3 per space per day. REQUESTED ACTION The Downtown Parking Commission requests the City Council to approve the recommended policy and include the rates in the City's 2011 Fee Schedule Resolution. Attachment: Map of Downtown Lots 3 Parking rate of the lot ($5), times three assumed sales per day = $5 x 3 = $15 per day per space. A day is defined as midnight to midnight. 4 Base rate of $3 x 3 assumed sales per day = $3 x 3 = $9 per day per space. 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E o a, 0 = 4-R 0 CO a) .._ o 0 a, - 0 a ._ CO >I 3.) . • • • (7; 0 5 0 4.... - -I '5 0 w j j 1 " : ' 0 , T=L la- '' '5 ( (7) 0 c.1 co 0 cr La N- ,-- 1 - V) CO M .,_. 1 .... ...... 00000 o a T k Z "5 I 5 c.'t --I -J --J ...J ....1 ( -J --I CNI -.J --I --i ater TO OIATMOLACE Of MIOOEOOTA CITY COUNCIL MEETING August 17, 2010 BUDGET WORKSHOP 4:30 P.M Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Staff: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Public Works Director Sanders Recreation Center Manager Brady Assistant Public Works Superintendents Chaves and Moore 4:30 Recreation Center Doug Brady, Recreation Center Manager, presented the proposed 2011 budget for the Recreation Center. He stated that the fabric on the dome has an 18 -20 year life and it is currently on the 12 year of the facility and the cost would be approximately $500,000. He also stated that the new turf will be installed in September 2010. Council requested information on when the bonds on the recreation center would be paid. Finance Director Harrison will bring that information to the next budget meeting on August 27 5:00 Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs & Lighting Shawn Sanders, Director of Public Works, Tim Moore and Nick Chaves, Assistant Public Works Supt. reviewed the Engineering /Streets /Parks /Sanitary Sewer /Storm Sewer /Signs & Lighting Budgets Mr. Sanders stated that the maintenance agreement for AutoCAD should be $2,900. Finance Director Harrison will check with MIS Specialist Holman for the amount. He stated that he didn't include the capital improvement projects in the budget. Tim Moore, Asst. Public Works Supt., reviewed the proposed 2011 parks budget. Discussion on the park fees took place and that maybe they should be raised. Mr. Moore stated that information will be going to the Parks Commission next week. City Council Meeting August 17, 2010 Mr. Sanders will provide capital outlay information for Parks and Sanitary Sewer. Councilmember Gag and Cook reviewed the Special Event Task Force relating to the fees for events. The Task Force asked that the City budget $15,000 a year for the beautification for downtown in lieu of designated fees associated with events. It was unsure where the funding for the beautification for downtown would come from. They stated that the formal presentation of the Special Event Task Force recommendations will be at the 4:30 meeting on September 7, 2010. Discussion took place on the storm sewer fund and the possibility of raising the rate by $1.00 per quarter. Mr. Sanders stated that the maintenance agreement for signs & lighting should be looked at. Finance Director Harrison will check with MIS Specialist Holman for the amount. He spoke of federal mandates that are unfunded mandates as follows: Larger Street id signs (6" lettering) replaced by 2012 Retro - reflectivity: Regulatory signs (stop signs, speed limit, no parking, etc) by 2015 All others by 2018 including Street id signs by 2018. Mr. Sanders stated that larger street id signs with retro - reflectivity will be done at the same time. Mayor Harycki suggested auctioning off the non - compliant street signs. The need for speed tracking devises and traffic calming devises were also discussed REGULAR MEETING Mayor Harycki called the recessed meeting to order at 7:05 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Page 2 of 14 7:00 P.M. City Council Meeting August 17, 2010 PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the July 20, 2010, regular meeting minutes, July 27, 2010, regular, recessed and executive session minutes, August 5, 2010, special meeting minutes and August 12, 2010, record of canvass results. All in favor. OPEN FORUM No comments were received. STAFF REPORTS Police Chief Gannaway provided an update on Lumberjack Days activities. He stated that, overall; calls were about average compared to the last several years. He informed the Council that on Saturday the entrance gates were closed as it was determined the park was at capacity for that concert. He said he was amazed at how fast the park cleared at the conclusion of the concert. He said there was one fairly serious incident on Saturday evening, but otherwise the event went fairly smooth. Councilmember Cook verified that there will be a Lumberjack Days debriefing at a Council meeting in September. Chief Gannaway said Night to Unite was exceptionally successful with activities taking place at 10 different locations throughout town, including downtown. Fire Chief Glaser referred to his memo regarding the Fire Department's involvement in Lumberjack Days. He said the department has been kept busy responding to storm - related calls, including a lightning strike in the Legends neighborhood. He noted that the Fire Department also participated in Night to Unite event and agreed it was very successful. City Clerk Ward reported that 145 election judges were trained during five two hour training sessions for the primary and general elections. She stated things went well at the polls on Election Day. Community Development Director Turnblad referred to his memo related to building activity, noting that activity is up as compared to last year. Finance Director Harrison noted the last of the fire inspection fee refunds were included in the list of bills to be paid. Page 3 of 14 City Council Meeting August 17, 2010 City Administrator Hansen provided an update on the situation with the noise from the rooftop air conditioning units. He said staff is continuing to look at other options, but it appears those options will be very expensive. He said he had not talked directly with any neighbors since the installation of the blanket system regarding the noise level. Councilmember Cook suggested contacting Lakeview Hospital regarding treatment of the hospital's rooftop units. CONSENT AGENDA 1. Resolution 2010 -120, directing payment of bills 2. Resolution 2010 -121, accepting improvement and authorizing final payment for the Washington Avenue mill and overlay project 3. Possible approval of temporary liquor license for Art Reach Alliance — September 10, 2010. 4. Possible approval of Lowell Park Bathroom Facilities Improvements. 5. Possible approval of permit to sell liquor for a ball tournament at Lily Lake Park; August 27 -29, 2010 Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the consent agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the assessments for the 2010 Street Improvement and 2010 Supplementary Street Improvement project. Notices were sent to affected property owners and published in the Stillwater Gazette on July 30, 2010. Assistant Engineer Kraftson briefly reviewed the project timetable, including the neighborhood meetings, and the proposed final assessments. He showed some before and after photos of the project areas. He reviewed project costs and comparison between preliminary and final proposed assessments, noting there was a 14% across - the -board reduction between the preliminary and final assessments due to the low bids and the fact that construction went essentially as planned. He stated all residents received letters with the final assessment amounts, with payment terms spelled out in the letter. He noted there are three deferred assessments on the street project for vacant parcels and that the assessments will only be charged if a home is built on the parcel. Councilmember Cook asked if residents have the option of paying the assessment off in years other than the first year; Mr. Kraftson stated the assessments can be paid off in any year prior to November 15. Page 4 of 14 City Council Meeting August 17, 2010 Councilmember Polehna stressed the November 15 deadline for making payment; Mr. Kraftson said that is explained in the letter. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2010 -122, adopting assessment for 2010 street improvement (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. 388 and Resolution 2010 -123, adopting deferred assessments for 2010 street improvement project (Project 2010 -02, L.I. 388). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider the assessments for the Washington Avenue Mill and Overlay Improvement project. Notices were sent to affected property owners and published in the Stillwater Gazette on July 30, 2010. Assistant Engineer Kraftson reviewed the project timetable. He showed some before and after photos of the project area. He noted there were 17 properties in the project area. He reviewed project costs and proposed final assessments. He noted that the assessment policy for the Industrial Park area is that property owners are assessed 100% of the project costs and that only the essential mill and overlay project component costs are being assessed. He noted that the final assessment is 13.7% less than the preliminary assessment projection. Mayor Harycki opened the public hearing. During the previous public hearing, Brian Simonet and Paul Simonet questioned the assessment for the Simonet Furniture property; after Mr. Kraftson's presentation, they indicated their questions had been addressed. No other comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2010 -124, adopting assessment for Washington Avenue mill and overlay project (Project 2009 -10) L.I. 386 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision on a request from Jennifer Trom for a variance to construct an attached, two -car garage with living space above located at 1101 4th Street South in the Page 5 of 14 City Council Meeting August 17, 2010 RB -Two Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 6, 2010. Community Development Director Turnblad reviewed the request and the Planning Commission's decision for denial. He noted that the Planning Commission felt there were alternatives to the request that wouldn't be quite as divergent from the code requirements; and stated that financial considerations are not generally considered a hardship in granting variances — hardship has to do with the physical characteristics of a property. On a question by Councilmember Cook, Mr. Turnblad provided an aerial photo of the property to demonstrate possible impact on neighboring properties, which was not a major concern during the Planning Commission's consideration of the request. Councilmember Roush asked if any neighbors expressed concerns during the Planning Commission public hearing; Mr. Turnblad said he did not believe there was any negative testimony. Councilmember Cook referred to the staff report that stated grating a variance would impact the privacy of current and future adjacent property owners and would also set precedence for future cases that would materially impair the purpose and intent of the ordinance and Comprehensive Plan. There was discussion of the advantages /disadvantages of having a detached garage without living space versus the applicant's proposal. Councilmember Gag noted the Planning Commission must vote on the proposal in front of it, not suggest changes that might lead to approval; he did not think this proposal would necessarily be detrimental to neighbors but noted that the request involves five variances, some of which are rather extreme. Mayor Harycki suggested that some of the variances are due to the layout of the lot and on a corner. Councilmember Roush suggested the location of the house on the property to the south is what drives the difficulties with this lot. Councilmember Cook asked if this had been reviewed by the Heritage Preservation Commission; Mr. Turnblad said HPC would review an only a request for a detached garage with living space. They did not review this request that was an error in the memo. Mayor Harycki opened the public hearing. Page 6 of 14 City Council Meeting August 17, 2010 Ms. Trom talked about the difficulties associated with alternate locations for a garage /addition, suggesting that the alternate locations would have more impact on adjacent properties and that she has verbal support from all her neighbors for her plans. She also noted parking is available on street, so parking should not be a concern. Ms. Trom also pointed out she is missing 25' from the rear of her property, and if the lot was the regulation size, she would not need a variance. No other comments were received, and the hearing was closed. Councilmember Cook pointed out that the Planning Commission was fairly firm in its findings and she was concerned about a possible precedent for the older neighborhoods. On a question by Councilmember Roush, City Attorney Magnuson said each property, by law, is unique so precedent is not binding legally, but could be a persuasive argument. Mayor Harycki suggested that the layout of the property, done over 100 years ago, created a hardship, and felt that is was not unreasonable to try to accommodate a garage in the proposed location. Councilmember Roush said the spirit of the ordinances are good, but it is not a one size -fits all situation and that he was satisfied it is the best alternative of the possible locations Councilmember Polehna spoke of the 6 -1 decision by the Planning Commission and felt he would have a problem overruling the Commission's decision. Councilmember Roush spoke of putting common sense into the equation. Councilmember Gag spoke of the difficulties presented by the lot but noted there are rules for a reason and that in this case, some of the requested variances are a bit extreme. Mayor Harycki said he thought the request is the best option. Motion by Councilmember Roush, seconded by Mayor Harycki to approve the application. Motion failed 2 -3. Nays: Councilmembers Cook, Gag and Polehna City Attorney Magnuson suggested that the Council do a straw vote and direct staff to prepare findings of fact for denial. Councilmember Polehna suggested denial without prejudice to leave the door open for the applicant to resubmit plans. Motion by Councilmember Polehna, seconded by Councilmember Cook to deny without prejudice. Page 7 of 14 City Council Meeting August 17, 2010 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Approval of Special Event — Live Music on Deck — American Legion (continued from 7/27/10 meeting) Brent Banchy, financial officer for the American Legion in Stillwater, asked for approval to allow music on the deck on Sundays from 4:30 to 8:30 p.m. for the remainder of the season, likely through the end of September. Mayor Harycki noted that when the Council discussed the request previously, it suggested that the Legion look at some means of dampening the sound. Mr. Banchy said the Legion doesn't have the money at this time to pay for such an enclosure. He suggested that pursuing such an enclosure for five more events wouldn't be economically feasible at this time. He stated that the Legion would be open to that idea for next year. Mayor Harycki spoke of the noise level at some residences to the north of the deck, as well as from the street level; he suggested changing the orientation of the band to direct the music to the east. Councilmember Cook said after the last discussion, she thought the Legion was going to attempt to mitigate the sound levels and suggested that at least there should have been a good faith effort in turning the volume down. Mr. Banchy said the Legion did talk about an enclosure but does not have the financial wherewithal to do that. Councilmember Cook also noted that the application to the Planning Commission is for music from 6 to 10 p.m. and suggested the request is growing exponentially. Councilmember Gag suggested the Council needs to determine what to do until the Planning Commission hears the special use permit request on September 13 and until the Planning Commission's decision becomes effective. Mr. Turnblad pointed out that the Planning Commission's decision will be for next year, as the outdoor season is nearly over. Councilmember Cook asked if the Planning Commission would hold a public hearing; Mr. Turnblad responded in the affirmative. Councilmember Gag suggested asking Planning Commission members to listen to the music prior to consideration of the special use permit request. Page 8 of 14 City Council Meeting August 17, 2010 Mayor Harycki asked if the Legion would be willing to change the time requested for the special use permit from 6 to 10 p.m. to perhaps 4 to 8 p.m.; Mr. Banchy said that would be acceptable. A Legion member stated she thought the requested 6 to 10 p.m. was for the one -time 90 anniversary celebration; she noted that with the end of the season and earlier sunset, the music will take place earlier in the afternoon, likely 3 to 7 p.m. by the end of September. Councilmember Cook asked the reason for selecting Sunday for the music; the Legion representative stated because Sunday is the slowest business day of the weekend. Councilmember Cook spoke of the many events /activities that contribute to the increasing noise experienced by residents and that she has seen no effort on the part of the Legion to acknowledge the concerns. Mayor Harycki said he would be amenable to providing some sort of extension to allow the Legion to orient the speakers to the east and pay close attention to the volume levels. Councilmember Roush asked about the height of the speakers; it was noted that the speakers have been moved down lower to the ground. A member of the band in attendance stated that the speakers have been moved to a lower position. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve a temporary extension, until the September 12 Planning Commission meeting, allowing music from 4 to 8 p.m. to experiment with moving speakers to face east. Steve Gnan, 231 Third St. N., stated that the Legion has had three weeks to do something about the noise and nothing has been done — the speakers haven't been moved, the volume hasn't been lowered. He stated that three weeks ago, the music went until 8:55 p.m., and he could not hear his TV. Mr. Gnan felt there is music everywhere, with no control. Councilmember Roush amended his motion to provide that police can monitor the volume and force an adjustment to the volume. Barb Gnan, 231 N. Third St., reaffirmed the fact that the TV couldn't be turned up loud enough to hear above the music from the Legion, which is two blocks away; she noted the Legion did this all last summer without a permit and stated they have contacted the police on two different occasions with no response. Mrs. Gnan suggested there is a noise ordinance that should be enforced; she suggested that the Legion should obtain permits for special events, like the library does, rather than be given a blanket permit for music from May until September. Page 9 of 14 City Council Meeting August 17, 2010 Councilmember Polehna reiterated the concern about the volume and the need for the Legion to monitor the noise. Councilmember Roush urged the Gnans to contact the police if the noise levels are still as disruptive as they described earlier. Councilmember Cook talked about quality of life issues and the right to peace and quiet vs. the right to noise. Mr. Banchy stated he would make sure the volume issue is addressed. In additional discussion, it was noted that anyone can appeal the Planning Commission's decision regarding the special use permit. There was discussion of decibel levels; City Attorney Magnuson noted the ordinance establishes certain decibel levels. Mayor Harycki noted the onus is on the Legion at this point to make an effort to address the concerns. Councilmember Roush amended his motion to make the temporary extension valid until the next City Council meeting, September 7; Councilmember Polehna agreed to the amendment. Motion passed 4 -1, Nay: Councilmember Cook. Possible approval of lease for postage machine (tabled from 7/27/10 meeting) Mr. Hansen referred to Ms. Holman's memo regarding the cost of lease and purchase of the postage machine. He pointed out that it cheaper to purchase the machine over a period of five years and that is the recommendation. Councilmember Roush brought up the issue of consolidating billing with the Water Department. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the postage machine purchase. All in favor. NEW BUSINESS Possible approval of the Millbrook 4th Addition development agreement Mayor Harycki noted the parkland issue has been resolved in the proposed agreement. Mr. Turnblad stated staff has done more negotiating and obtained even more favorable terms; he reviewed the key items related to the payment of all Phase II fees as well as requiring a cash escrow account to establish turf at the two parks Page 10 of 14 City Council Meeting August 17, 2010 sites by May 31, 2011, and a deadline for providing the City with the deeds to the two parks by September 15, 2010. Councilmember Roush asked about plans for improvements to Neal Avenue in the future; Mr. Turnblad stated the transportation adequacy fees could pay for those upgrades, as well as state aid monies perhaps. Councilmember Polehna asked about the construction of trails; Mr. Turnblad said that is done as each phase and plat is completed. On a question by Councilmember Polehna, Mr. Turnblad said a trail along the south end of Twin Lake that will connect with a future trail on Highway 96 will be done when the properties are developed in that area, phase 3. Mr. Turnblad said so far the developer has lived up to the requirements regarding trails; what has slowed down, and that the completion of the phases of the development due to the economy. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -125, adopting Millbrook 4th Addition development agreement Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Participation in Local Housing Incentives Account Mr. Turnblad explained that this is part of the Metropolitan Livable Communities Act and something the City has been involved in since 1996. He briefly spoke of the benefits of participating, including a number of grants totaling $683,000. He explained that if the City wants to continue participating in the program it must change the adopted goal for affordable housing units and life -cycle housing goals. He said he does not believe the City can reach the Met Council's suggested high end goal for life -cycle housing of 650 units, however Met Council has indicated there are no consequences for not making that goal. Councilmember Roush asked if there are any consequences for the budget by not participating; City Administrator Hansen said there is nothing in the budget related to participation in the program. Mayor Harycki questioned Met Council's indication there are no consequences for not meeting a goal, citing Lake Elmo's experience. Mr. Turnblad said the City can opt out of the program at any time, but would lose that that potential grant revenue source. Councilmember Roush wondered whether participation would change future Comp Plan allocations for subsidized housing units and whether the goal in the Page 11 of 14 City Council Meeting August 17, 2010 Comp Plan was influenced by the Met Council; Mr. Turnblad agreed that goal was influenced, in part, by Met Council's regional goals. Councilmember Polehna noted that the City can opt out at any time Councilmember Roush asked for City Administrator Hansen's recommendation; Mr. Hansen pointed out the City has participated for a number of years and has benefited from participation Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -126, adopting Participation in Local Housing Incentives Account. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of quotes to televise and clean interceptor sewer in preparation of interceptor slip lining Public Works Director Sanders said this is the first step in the downtown sewer lining project. He stated two quotes were received, with the low bid submitted by Infratech at a not -to- exceed cost of $11,891. City Administrator Hansen asked if this cost would count toward the City's surcharge; Mr. Sanders responded in the affirmative. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -127, accepting quotes and awarding contract for interceptor sewer cleaning and televising. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of No Parking Zone on South Third Street at Chestnut Mr. Sanders explained the request for the no- parking zone, which will allow for a right -turn lane for folks turning onto Chestnut Street. He said the County has indicated it will stripe and install the signage for the right -turn lane. He said both the Downtown Parking Commission and traffic committee have reviewed the proposal. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2010 -128, designation no parking on portion of South Third Street (County Road 23) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 12 of 14 City Council Meeting August 17, 2010 COUNCIL REQUEST ITEMS ATTEST: Integrated Emergency Management Course Update — Councilmember Roush said this would be presented at a later workshop. On a question by Councilmember Cook, Police Chief Gannaway stated there have been several burglaries in the downtown area, but stated he could not comment a lot as the investigation is ongoing. He said police would be meeting with downtown business owners, both the IBA and Chamber, to discuss some crime prevention measures. Councilmember Cook asked about an incident that occurred the Saturday night before the Council meeting; Chief Gannaway stated there was an altercation with several people arrested. Councilmember Cook said she heard vendors were selling on the street, with about 200 people walking up and down the street at 2:30 in the morning. Chief Gannaway informed the Council that he would be meeting with Mr. Turnblad regarding the issue with vendors and will be coming back to the Council regarding possible changes to the hours for the vendors. Chief Gannaway said it is not unusual to have that many people of the street at that time during a summer weekend. Councilmember Polehna asked about a motorized pedicab that he observed downtown; Mr. Turnblad said one complaint had been received about that vehicle. Mayor Harycki asked Mr. Sanders to forward a suggestion to the Brown's Creek Watershed that a ditch cut on Orwell Court might be a suitable place for a rain garden to alleviate a person's concern about mowing that ditch that was made during last year's street improvement project. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Gag to adjourn at 9:22 p.m. All in favor. Larry D. Hansen, City Administrator Page 13 of 14 Ken Harycki, Mayor City Council Meeting August 17, 2010 Resolution 2010 -120, directing payment of bills Resolution 2010 -121, accepting improvement and authorizing final payment for the Washington Avenue mill and overlay project Resolution 2010 -122, adopting assessment for 2010 street improvement (Project 2010 -02) and 2010 supplementary street improvement project (Project 2010 -07) L.I. 388 Resolution 2010 -123, adopting deferred assessments for 2010 street improvement project (Project 2010 -02, L.I. 388) Resolution 2010 -124, adopting assessment for Washington Avenue mill and overlay project (Project 2009 -10) L.I. 386 Resolution 2010 -125, adopting Millbrook 4th Addition development agreement Resolution 2010 -126, adopting Participation in Local Housing Incentives Account Resolution 2010 -127, accepting quotes and awarding contract for interceptor sewer cleaning and televising Resolution 2010 -128, designation no parking on portion of South Third Street (County Road 23) Page 14 of 14 1111 OIOTNPLAC1 Of MINNESOTA CITY COUNCIL MEETING August 24, 2010 BUDGET WORKSHOP Mayor Harycki called the special meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison MIS It was noted the operating budget is much the same as last year. MIS Director Holman said items in the capital budget are those required purchases such as annual licensing and that roll -over money will be used for some of those purchases. City Administrator Hansen noted that the City did not bond in 2010 and does not plan a bond issue in 2011; and that most of the purchases will be from roll -over money. Councilmember Polehna suggested a possible cost savings, noting that the County is getting rid of all personal printers in offices and going to more centralized printing locations and the County estimates it will save $30,000- $40,000 in one department alone. Ms. Holman said the City is going to that system now, with one main printer on each floor, as well as the printer in finance which is used to print all the utility bills, etc. She said the only personal printer that will be left will be City Administrator Hansen's as that is used for confidential information at times. Ms. Holman noted the budget includes only those known expenditures; and that she would likely return with requests on a case -by -case basis. Mr. Hansen said he would continue the current practice of dealing with the additional requests, with those requests coming to him first for approval and then going to the Council for final approval. There was discussion of how carry -over funds can or cannot be spent. Councilmember Cook asked about the accounting for carry -over funds not included in budget requests. Mr. Hansen explained that the finance department accounts for all capital funds and how much of those funds are not spent at year 4:30 P.M City Council Meeting - Budget Workshop August 24, 2010 end; the Council then must approve the request to roll those funds over at year- end. There was discussion of the on -going problem with heat in the server room, as well as the sprinkler, which could cause damage to the server should it go off; Ms. Holman said nothing has been done due to the budget situation. COMMUNITY DEVELOPMENT /BUILDING INSPECTION /PARKING RAMP Community Development Director Turnblad said the community development operating budget is exactly the same as last year, and the overall number is less than last year, with no capital requests. Regarding building inspections, Mr. Turnblad said there was a capital request item to replace an aging work station that has been eliminated. There were several suggestions regarding options for obtaining quality used office furniture /stations. Councilmember Roush asked about plans for the three houses on the future armory site property. Mr. Turnblad said one house in uninhabitable; two are habitable and currently being leased, and the City likely will continue to lease those two properties for the short-term. Councilmember Roush asked if cities typically act as landlords in such instances. City Attorney Magnuson stated that the City has confirmed that the National Guard will allow the City to retain the rental money until the Guard needs the property. Councilmember Roush asked if these three parcels will be needed for the armory project; City Administrator Hansen said that won't be known for several years, until the design process is started. Mr. Hansen said it is likely the City will continue to rent the two houses for as long as possible and that rental income might be available for the budget for the short-term. There were questions about two potential housing projects; Mr. Turnblad said one application has been withdrawn and that he believes the other has died due to lack of financing. Councilmember Roush asked about the financial status of one of the downtown condos; Mr. Turnblad said all three are fully developed. There was discussion of the guarantees related to the bonds and TIF, as well as occupancy rates of the three developments. Regarding the parking ramp, Mr. Turnblad stated revenues are close to covering all the expenses, but the reserve money for future maintenance is not being generated at this time. He said he is fairly confident the ramp will generate $40,000 - $50,000 next year. On a question by Mayor Harycki, it was noted that the free Sunday parking available to churches is part of the contractual agreement. Page 2 of 16 City Council Meeting — Budget Workshop August 24, 2010 FIRE Councilmember Roush asked about the revenue target to break even; Mr. Turnblad said $80,000 a year provides $30,000 to be set aside for long -term maintenance. On a question by Councilmember Roush, Mr. Turnblad said selling long -term permits is something that may be reconsidered at some point in the future, but not at this time. There was discussion of the status of the post office project. Overall, Mayor Harycki noted the parking ramp budget is about $4,000 shy; Mr. Turnblad explained that there is $9,000 in professional services that is related to the Lowell Inn account. There was a question about the cameras for the ramp. Mr. Turnblad said it is hoped the cameras can be installed yet this year; the cameras are a budgeted item and will be paid through the Parking Enterprise Fund. Councilmember Roush asked if there was any change in the status of boat trailer parking in the downtown lots; Mr. Turnblad said he would report on the status of a boat ramp at an upcoming Council meeting. Councilmember Roush asked whether there would still be a third -party contract to watch the Barge Terminal property now that the Cayuga is gone; it was decided to bring this back for discussion at an upcoming Council meeting. Mayor Harycki asked about the change in salaries. City Administrator Hansen said that was an unfilled, full -time position that was eliminated; and that the budget was primarily personnel, with not much else left. Mayor Harycki wondered whether there should be something in the budget for architectural services for the future armory /fire station. City Administrator Hansen said he didn't think that would be needed in 2011. Mr. Hansen told the Council the overall 2011 budget is not sustainable — after that time the Council will either have to raise taxes or make reductions. Councilmember Roush asked if the new armory /fire station would require any new communication towers; Chief Glaser felt that would not be necessary. Councilmember Polehna noted there should be carryover money from the fire station study that would be available for architectural /consulting services if needed in 2011. Chief Glaser said most of the line items in the budget are uncontrolled costs, such as the money for the 800 MHz system and fuel. There was a question about subscriptions; Chief Glaser said that is for National Fire Codes and similar professional publications. Page 3 of 16 City Council Meeting — Budget Workshop August 24, 2010 FINANCE Councilmember Cook asked about the cost for response to medical calls; Chief Glaser said it depends on the type of call and that the hardest part of determining that is figuring depreciation of equipment and cost of running a truck. He said generally a call involves 20 -40 minutes of time, approximately $50 a call. Councilmember Cook asked whether fire stations ever have an ambulance to utilize, rather than responding with a fire truck. Chief Glaser noted that the fire department is not the EMS agency; EMS agencies are determined by state response area. Councilmember Cook asked whether the department could be licensed and whether there would be any cost savings; Chief Glaser said it likely would cost more and Lakeview would have to agree to surrender its licensing. City Administrator Hansen said it would be very costly for the City to have to operate an ambulance service. Regarding the capital budget, City Administrator Hansen pointed out it used to be practice to set aside money each year to fund future apparatus purchases, but that has not been possible for the last several years. Chief Glaser pointed out that currently three rigs are over 20 years old and need to be replaced. He said he is currently in the process of getting firm numbers from vendors for a new truck, with a likely purchase price of $350,000 to $400,000; $290,000 is available in carryover. He noted that in the past two years, he spent over $57,000 in maintenance costs. Mayor Harycki pointed out there is $100,000 in the seal coating fund that likely won't be spent that is a possible source of funding. Councilmember Cook asked about the disposition of the old fire trucks; Chief Glaser said because these rigs are so old, they don't have any resale value due to the changes in equipment safety standards. Finance Director Harrison stated she had cut back on a few items, primarily supplies. Mayor Harycki spoke of the potential savings in either e- mailing utility bills or combining billing with the Water Department. Ms. Harrison said she is working on the e-mail software. She said the only way the City could save money in working with the Water Department would be to combine billings into one single bill, otherwise it would involve manually stuffing envelopes and that the Water Department has not been interested in combining the utility bills. There was discussion of previous efforts to bring the Water Department under City jurisdiction, which City Administrator Hansen said could save the City as much as $250,000 a year, an effort that was defeated in a voter referendum. Page 4 of 16 City Council Meeting — Budget Workshop August 24, 2010 MAYOR and COUNCIL City Administrator Hansen said there is very little change from last year. He said he did put $2,000 back in for contractual services; otherwise, there is next to no change. There was a question about $1,500 requested for professional services; it was noted that is for the bridge coalition. Mayor Harycki asked Ms. Harrison to check on the $2,000 for contractual services to determine if that is a duplication of the $1,500 for the bridge coalition, in which case it could be eliminated. It was agreed to eliminate Council mileage. Mayor Harycki asked about the $2,000 for miscellaneous; Ms. Harrison that is for contingencies. There were no capital items. ADMINISTRATION /CITY HALL City Administrator Hansen noted that salaries are down due to the .5 secretarial reductions. He said other professional services was cut in half from last year, and he noted that nothing of that fund has been spent in 2010 as he has negotiated all of the contracts to date himself. He informed the Council that he has been notified one bargaining unit is taking the City to arbitration so there will be a $15,000 fee for services for that. He said there is a bit of an increase in some of the maintenance agreements, and there is no capital outlay proposed. Councilmember Cook asked about the assessing fees; Mr. Hansen stated that is the County charge for assessing City properties. On a question by Councilmember Cook, it was noted other professional services is for labor - related issues such as arbitration or grievances. Regarding plant/city hall, he said most of the changes are shifts in accounts. He noted that overall the budget is down from $150,000 to $126,000. Mayor Harycki asked whether there should be some funding to deal with the noise issue from the air handling chiller. Mr. Hansen said he has been carrying over $49,000 that was originally set aside to deal with a water problem; and that he used some of that money for the recent blanket for the chiller and that might also be a source of funding if the decision is made to do something with the server room or the noise issue. Mayor Harycki suggested the City might owe it to residents to make some additional effort to reduce the noise; he suggested that staff contact the same engineer that dealt with Lakeview Hospital's rooftop units. Mr. Hansen said he is Page 5 of 16 City Council Meeting — Budget Workshop August 24, 2010 following through with that suggestion and staff will be contacting Lakeview's engineer. Councilmember Cook asked why the blanket system didn't work and whether the manufacturer had been contacted. Mr. Hansen said the blanket system worked and did lower the decibel levels, just not as much as was hoped. There was discussion about the air conditioning unit not functioning at City Hall; Mr. Hansen said it is an old, unreliable system. Mr. Hansen suggesting leaving the $45,000 in carryover funds and continuing to look at options for the chiller. Mayor Harycki said it might be worth getting bids on replacing the unit, citing possible cost - savings. Mr. Hansen said the energy audit will be conducted shortly, with the focus on City Hall. Councilmember Gag brought up the issue of the stains on the steps to City Hall; Councilmember Roush suggested the possibility of an acid wash or concrete paint. Councilmember Polehna expressed concern about the sprinkler system in the server room. Councilmember Cook asked why the carryover funds were included in this budget but not in other department budget; Mr. Hansen stated he thought it was important to identify the availability of those funds for projects such as the noise abatement or upgrades to the server room. UNALLOCATED Mr. Hansen said this fund is where everything that doesn't fit a department category is put. He said the biggest item is the insurance benefits for retirees who qualify for the lifetime, family insurance coverage. The other item, he noted is the Fire Relief Association, which is pass- through money. On a question by Mayor Harycki regarding money for garbage fees, Ms. Harrison stated the City pays the hauler the unpaid bills and then certifies the bills for collection through the next year's property taxes. SPECIAL EVENTS Mr. Hansen said this is where the City accounts for revenue from Lumberjack Days ticket sales, as well as donations for fireworks, which are pass through funds. The biggest expense is for fireworks which includes $40,000 in City funds and $15,000 in donations. Expenses also include $40,000 for external police services for Lumberjack Days. St. Croix Event reimburses the City $20,000 for police and fire services, and it was noted revenue from ticket sales is also used to offset that cost. Page 6 of 16 City Council Meeting — Budget Workshop August 24, 2010 Councilmember Cook asked if it would be possible to renegotiate those figures; Mr. Hansen said the contract doesn't expire until 2013. Councilmember Roush said he had asked City Attorney Magnuson about the possibility of reopening negotiations. Mr. Magnuson stated that if there is some kind of legitimate public safety issue involved, the City could reopen negotiations or even cancel the contract; otherwise, it would have to be a request for St. Croix Events to willingly discuss contract issues. Councilmember Roush felt that there are six items in the contract that need to be tightened up. Councilmember Cook questioned the cost of the fireworks; Mr. Hansen said if this were not a five -year contract, fireworks would be the first thing he would eliminate because of the cost. Councilmember Cook asked if the City is breaking even on Lumberjack Days or whether the taxpayers are paying some of the costs. Ms. Harrison said $18,300 is coming from the general fund. Councilmember Polehna pointed out the City is paying for tennis courts and other such amenities, and stated that the resident survey indicated 86% of the residents enjoy Lumberjack Days; he suggested that $18,000 is not a lot to pay for something that many residents enjoy. Councilmember Roush pointed out that someone else is making money from the event. Councilmember Cook also pointed out the City is paying much more than $18,000, considering the police calls and local police service not provided by other jurisdictions covered by the $20,000 reimbursement from St. Croix Events, as well as fire inspections, legal services, etc. Mayor Harycki talked about the concept of going to a contract with the City receiving a portion of ticket sales as a way of offsetting costs. Councilmember Gag said he thought the City has made great strides in getting the City cost down from $57,000 in 2008 to $18,000, although there may be some slight tweaks to the contract that could be made to get the City cost to zero. Councilmember Roush said he would like to put together a committee of interested parties to discuss the Lumberjack Days contract. Mayor Harycki pointed out the Council is scheduled for a debriefing on the event in September; Mr. Hansen stated Mr. Eckberg would be present for that discussion. In discussion, it was noted that this year's payment to the downtown beautification fund has not been made by either the marathon or bike race. Page 7 of 16 City Council Meeting — Budget Workshop August 24, 2010 WASHINGTON COUNTY RECYCLING GRANT LIBRARY Mr. Hansen said the City budgets what it receives from the County grant; these are simply pass- through dollars. Library Director Bertalmio stated the budget request has been changed from originally submitted; she reviewed the changes, which included additional revenues and reductions /savings. She said the changes still leave the budget $14,800 short; she stated she doesn't believe there are any further reductions or additional revenues that can be found. Mayor Harycki wondered whether the library was included in the City's efforts to market meeting space at Teddy Bear Park or Public Works. Councilmember Roush questioned the policy of book reservations which enable a non - resident to have priority over a resident who is paying taxes to maintain the library; Ms. Bertalmio noted the policy is first -come, first -serve and pointed out the policy also works the other way, where a Stillwater resident could have priority at reserving a book at a County library. Councilmember Roush questioned the advantage of having a city -owned library; Ms. Bertalmio said in addition to autonomy, the advantage is having nine board members who live in the community and are sensitive to the needs of the community. Mayor Harycki referred to the experience of Lake Elmo, a County branch, which was closed for a number of years and now is open just 20 hours a week. Mayor Harycki noted that Stillwater Township used to make a small donation to the Stillwater library in recognition of the fact that township residents use the library. Councilmember Polehna asked if there is any way the City might be able to get some financial assistance from surrounding communities. It was pointed out that residents of the surrounding communities are taxed for County library system. Ms. Bertalmio pointed out that the County library does all of Stillwater's cataloging and processing at no charge, as well as the on -line catalog and circulation system at no charge, services the City library would have to provide and could not afford to do so; she suggested that the relationship with the County system is beneficial to both parties. Ms. Bertalmio also pointed out that 60% of the library's patrons are Stillwater residents. Regarding the $14,800 shortfall, Mayor Harycki noted that Tuesday and Thursday hours 10 -1 p.m. are highlighted and asked whether $7,000 would be saved by eliminated those hours or shortening those hours. A library spokesperson expressed concern about eliminating those hours; Ms. Bertalmio noted that a survey of patrons indicated that the one service that they would like to see improved was more hours. Page 8 of 16 City Council Meeting — Budget Workshop August 24, 2010 Mayor Harycki referred to the $100,000 seal coating fund that likely won't be spent. Councilmember Polehna asked about salaries, noting that City employee' salaries are frozen. Ms. Bertalmio noted library employees are contract employees, with the contract providing 0% increase in 2010 and 2% increase in 2011; she pointed out that employees received no increase in 2008 and 2009. Mr. Hansen pointed out the library settled with its employees fairly early and at the time, it was a reasonable settlement based on the available information; he also noted that library salaries were frozen in 2008 when City salaries were not. Mayor Harycki suggested that the City add the additional $14,800 to the list of items to be funded. Councilmember Cook asked about utilizing volunteers; Ms. Bertalmio said there are many volunteers, but that volunteers can't do work that accesses a patron's records. Councilmember Cook asked about the possibility of being open additional hours but with limited services provided primarily by volunteers; Ms. Bertalmio and Board Member Dick Edstrom talked about some of the problems that would be encountered in that scenario. Councilmember Roush questioned the limits on volunteers, saying that as a volunteer with the Woodbury police department he was viewing juvenile records, crime scene photos, and other sensitive information, but he had to sign a release form. Ms. Bertalmio stated there is a lot of library law and she has always been told that only staff members can see people's records; but that she would check into the statute in question. Councilmember Polehna pointed out that background checks would have to be conducted on volunteers. A library spokesperson stated the library leans heavily on volunteers to take up the slack for unpaid staff leaves. She has heard loud and clear from the community that the library is very important and would be upset with closing more hours. There was discussion about the Sunday closing, and the reasons for that decision. There was discussion of the efforts of the Library Foundation at fund- raising and formation of the endowment fund. Mayor Harycki said he would like the $14,800 left as an open item, saying he did not like the idea of further reductions in hours. Page 9 of 16 City Council Meeting — Budget Workshop August 24, 2010 POLICE /CIVIL DEFENSE /PARKING /DARE It was noted there is a $39,000 reduction in police salaries. Chief Gannaway said he did not have an increase anywhere in his budget. There was discussion of maintenance costs and the three new vehicles that have been purchased but are not yet in service; Mayor Harycki noted the intent is to stretch the vehicle replacement schedule to four years and thereby eliminate one cycle of new vehicle purchase. It was noted the department is down 2 officers and 1 clerical from 10 years ago. Mayor Harycki asked about the issue of an alternative power source so vehicles don't have to be left running in order for the computers to work; Chief Gannaway said the County is experimenting with a new computer system, and he is considering going back to a stand -alone laptop system. On a question by Councilmember Polehna, Chief Gannaway said the department is in good shape regarding handguns, having just replaced those a couple of years ago. He said he has applied to receive free M16 rifles through the National Guard, with some retrofitting costs involved; there is a 3 -12 month waiting list. Councilmember Polehna asked about having the reserves downtown on weekends assisting with traffic. Chief Gannaway said they are down there periodically and that his direction to reserves has been to patrol the downtown area to have a police presence and assist with traffic as they notice problems. Councilmember Polehna asked about the problem properties; Chief Gannaway said other than the high profile problem properties that he, City Administrator Hansen and City Attorney Magnuson are dealing with, the routine problems are being handled by Officer Miller and there have been few complaints. There was brief discussion of the status of several of the problem properties. It was noted that the County now handles all the dispatching duties. Regarding parking, Chief Gannaway stated the Parking Commission is being very fiscally conscious; knowing a number of parking lots will need to be resurfaced in conjunction with the levee project. He said new upcoming expenditure will be the new security cameras for the parking ramp. Mayor Harycki brought up the issue of traffic feedback signs and that he thought they were effective for traffic calming, suggesting a possible location as County Road 5 before Olive Street; Chief Gannaway said if too many of the signs are used or if they are used too often, they become part of the landscape and are ignored. Page 10 of 16 City Council Meeting — Budget Workshop August 24, 2010 Mayor Harycki suggested buying one a year, perhaps from the forfeiture fund; Chief Gannaway said he would check into the cost. Mayor Harycki asked that purchase of a traffic feedback sign be put on the follow -up list; Ms. Harrison suggested signs and lighting fund would be an appropriate budget source. Councilmember Gag said he would rather see more people on the street as a priority. Chief Gannaway said he thought the signs are effective, as long as they are not overused and are placed in the right spots. Regarding the civil defense budget, Chief Gannaway said he just received a free siren from the City of Duluth. He said he would like to place that siren downtown depending on the cost. He said Chief Glaser thought Xcel might pay the cost of placing the siren on a power pole and that Washington County might help pay for the coding /programming through a Homeland Security grant. Mayor Harycki suggested asking Duluth for another siren to keep in reserve. There were no questions regarding the DARE budget. Mayor Harycki noted there is just one school involved. There was discussion about the appearance of the median on Manning Avenue; Councilmember Polehna said he has already made a call regarding the trees, which will be replaced under warranty. There was a question as to whether the City or the County is responsible for the median; Mr. Hansen said he would check with Public Works Director Sanders. CITY ATTORNEY City Attorney Magnuson reviewed the number of hours, 616, expended as part of his retainer. He said including all costs associated with the retainer, including benefits, the hourly rate amounts to $200, while his normal hourly rate is $225. He said he would like to propose a billable hourly rate of $225, as opposed to the rate of $250 approved by the Council several years ago, but be paid what is reflected in the adopted budget. He pointed out that he has been paid less than what was budgeted for the last several years. He talked about the number of hours expended prosecuting cases, primarily DWI - related offenses, stating that is nearly a full -time job for a City the size of Stillwater. Councilmember Polehna asked about the revenue and whether the administrative fines have made any difference. Mr. Magnuson talked about the limitations of such citations — limited to stop "line" violations and speeding less than 10 miles over the limit -- stating they are not money- makers but are more humane for the populace as the fines don't go on a person's driving record. Councilmember Cook asked about the possibility of imposing some type of tax on on -sale liquor, given the amount of time expended prosecuting DWI - related offenses and other downtown issues. Page 11 of 16 City Council Meeting — Budget Workshop August 24, 2010 Mayor Harycki asked Mr. Magnuson if there was any breakdown of how many DWI prosecutions are related to drinking at a downtown establishment or drinking elsewhere; Mr. Magnuson said that would be difficult to determine, but said DWIs are related to all types of family - related problems and 80% of the prosecutions are alcohol - related. Mr. Magnuson said the last time the City tried to increase the liquor license fees, there was a huge outcry from bar /restaurant owners; a tax, and would require special legislation. Mr. Magnuson said special taxing legislation has been limited to help cities deal with a specific project, such as sewer rehabilitation or construction of a sports facility. Mr. Magnuson agreed that all of the costs associated with downtown services, from police calls to prosecution to street cleanup, far exceed the cost of services to other neighborhoods. Mr. Hansen also spoke of the furor that erupted the last time the City tried to increase license fees. Regarding Mr. Magnuson's proposal, Mayor Harycki pointed out all other departments have been asked to have a 0% increase. Mr. Magnuson pointed out that the amount he is proposing was budgeted in 2009 and budgeted in 2010, so it is not an increase -- it's paying what was in the budget. Councilmember Cook said she considered this a salary and that she didn't understand why that amount wasn't paid. Mr. Hansen said the Council never passed a motion authorizing the increase in the retainer; he also noted that there is no contract in place, it is an implied contract. On a question by Councilmember Cook, Mr. Hansen stated Mr. Magnuson is paid by a City paycheck, accrues benefits and is in essence a City employee, except it is a retainer. Councilmember Gag said he thought there ought to be a contract; Mayor Harycki agreed that would make things clearer. Mr. Magnuson said he had prepared a contract previously, but that was never adopted. Councilmember Roush asked if the City gets billed for work beyond than that associated with the retainer. Mr. Magnuson said the agreement has been that criminal work, law suits, appearances before an administrative agencies, improvement projects, assessment appeals acquisition and easements, tax increment work, and annexations was billable; that type of work has essentially disappeared. Councilmember Roush suggested paying Mr. Magnuson the budgeted amount and making him a full -time employee with that salary; Mr. Magnuson noted that cities /counties with full -time employees also are paying overhead such as full - time secretaries, equipment, phones, vacation, etc., so the cost is much higher than the amount he is paid /proposing. Page 12 of 16 City Council Meeting — Budget Workshop August 24, 2010 Councilmember Cook pointed out that a city such as Red Wing contracts with a firm at a cost of $60,000- $80,000. Councilmember Cook suggested the current arrangement is very unique and will likely need to be changed at some point in the future. There was discussion as to Mr. Magnuson's possible retirement date and assistance with a transition period; there was discussion of hiring a large firm and situations that could arise, and Mr. Magnuson suggested it will be a challenge to find the right fit. Councilmember Cook suggested that if this was like any other department budget, the Council would be directing that ways be found to lower the budget by 10 %, perhaps by limiting staff access to Mr. Magnuson's time. Councilmember Cook pointed out that this is not just one legal cost, as the City utilizes an outside lawyer for labor issues, bond issues, etc. Mayor Harycki suggested that for 2011, the question is going with the actual or with the requested amount for the retainer. Councilmember Cook asked if there is any reduction this year; Mr. Magnuson said in 2008, all other services and charges were eliminated and prosecution was cut by $10,000. Councilmember Gag asked about the contract; Mr. Magnuson said he would distribute that for everyone to look at. Councilmember Polehna asked whether revenues would be shown. Mayor Harycki asked whether the contract would be with Magnuson Law Firm or with Mr. Magnuson, himself; Mr. Magnuson said that wouldn't matter as he is the owner. In discussion, it was noted that the requested amount has been budgeted since 2009, but never authorized by Council resolution. Councilmember Roush asked for Mr. Hansen's recommendation; Mr. Hansen said he would have no problem paying Mr. Magnuson the budgeted amount of $101,585. There was discussion as to whether the City would benefit for the lower billable rate proposed, $225 as opposed to $250, or whether developers would see most of the benefit. Mr. Magnuson said the City would benefit from the lower rate in TIF- related work, easement/condemnation and other such actions. There was discussion of what a retainer entails. Page 13 of 16 City Council Meeting — Budget Workshop August 24, 2010 Mayor Harycki said even though this would be a very modest increase, $3,000, he expressed concern that all other employee groups are being asked to accept a zero increase. Councilmember Gag suggested that the Council go through the list of remaining items before making this decision. • Bonds on the Recreation Center — Ms. Harrison said the first bond would be retired in 2018 and the other in 2020. It was noted a nearby TIF bond expires in 2013, and TIF district expires in 2012, with tax revenues coming into the City. • Park fees — Councilmember Polehna said the Parks Commission will be looking at all fees. He said currently the City is about average in its fees. City Administrator Hansen suggested that the Council /Parks Commission not make a reactionary decision at this time as any increase won't generate a lot of revenue. • Capital outlay items for parks — Councilmember Polehna stated the Parks Commission just approved all the capital equipment and park improvements using carryover funds. He said the Commission also asked staff to put together a 5 -year capital improvement/maintenance plan for parks. City Administrator Hansen noted that since the City is not selling a capital bond issue this year, this has no direct bearing on the budget; he said he will be coming back with the individual requests for purchases using carryover funds. • Beautification fund — Ms. Harrison said that request is $15,000. • $1 storm sewer rate increase — Ms. Harrison estimated that increase would generate about $40,000. Councilmember Polehna talked about the new requirements for sweeping streets that required the purchase of a new sweeper. The increased revenue, he said could be used to do a lake improvement fund. Councilmember Roush said such an increase wouldn't be a hidden fee; it would be getting reimbursed for an actual expense. There was discussion of possible water improvement projects that might be funded. • Traffic feedback signs • Library, seal coat and fire truck • City Attorney retainer City Administrator Hansen said since last week, he has tried to find additional funds and that he and Ms. Harrison came up with $6,100. He noted that at this point, the budget is about $36,000 below last year's budget, so if the desire is for a flat budget, there is that money. It was noted that additional money, about Page 14 of 16 City Council Meeting — Budget Workshop August 24, 2010 $2,000, had been eliminated from the mayor /council budget earlier in the meeting. Regarding the library budget, Mr. Hansen suggested certain book purchases are discretionary and suggested the library could find additional reductions other than reducing hours. Mayor Harycki noted there are $100,000 in seal coating and the potential $30,000 in rental from the houses on the armory property that isn't included in the budget yet. Excluding the fire truck and leaving the seal coat money, Mayor Harycki noted the requests for the library, and traffic feedback sign and beautification total $34,000, of which $30,000 will be available in the rental income. It was noted that rental income will be less as the City has to pay property taxes on the parcels, as well as maintenance costs, so the income will likely amount to $20,000. There was discussion about the $100,000 in seal coating and whether to leave that in the Public Works budget for future years when funding for streets will be difficult; it was consensus to leave that as is for the time being. It was noted that with the $20,000 in rental income and the additional $8,000 (Mr. Hansen's $6,000 and the $2,000 cut earlier in the meeting), there is $28,000 available. There was additional discussion regarding the library request. Mayor Harycki noted there will be about $4,000 additional revenue rental income for 2010 that is not accounted for. Mr. Hansen pointed out that the budget is predicated on the City receiving no Local Government Aid and no Market Value Homestead Credit reimbursement, but there is still the potential for $550,000 in additional state revenues that could still be cut. Mr. Hansen said between now and the end of the year, he will put together a contingency plan with additional cuts and a reorganization plan. Mr. Hansen stated that if the Council wants to fund the items in question, it should do so now, because after September 7, the budget can only go down. There was discussion of the beautification fund request. Councilmember Roush suggested reopening the Lumberjack Days contract negotiation based on public safety, citing inadequate liability insurance coverage as a reason, and eliminates funding for fireworks; it was noted that is for 4 of July fireworks. Councilmember Roush said the contract states the funding is for both 4 of July and Lumberjack Days. Councilmember Gag suggested getting an amount the Council is comfortable with and then see if it can be reduced. On a question by Mayor Harycki, Ms. Harrison said the levy, excluding the items in question and including the armory levy, is $10,158,367; last year's levy was Page 15 of 16 City Council Meeting — Budget Workshop August 24, 2010 ATTEST: $10,110,190. Mayor Harycki pointed out there is about $32,000 in reductions /revenue that is not reflected in the levy figure. Ms. Harrison pointed out there is a line item for contingency which could be used to fund the $2,000 shortfall for the extra items — $15,000 for beautification, $14,800 for the library and $5,000 for traffic feedback signs. Mayor Harycki asked whether City crews would water the plants if the City expends the $15,000 for beautification; there was continued discussion about this fee. Councilmember Cook noted that she is opposed to the armory and voted no on the project and wondered whether she could support the budget in general but vote no because the levy includes the armory project. Councilmembers Polehna and Gag pointed out there are elements of the budget they oppose but will not vote against the overall budget. City Attorney Magnuson and Mr. Hansen suggested that Councilmember Cook could explain her vote, that she supports the overall budget but are opposed to the armory. Ms. Harrison noted the levy does not have to be adopted until September 7. She summed up the decisions made at the meeting: adopt the levy of $10,158,367 and fund the three extra items ($15,000 beautification, $14,801 for library and $5,000 for traffic sign) using $8,000 in the budget savings /reductions found since the last meeting, $20,000 in rental income in 2011 and $4,000 rental income from 2010 and $2,000 from the contingency line item. Councilmember Roush asked about tax rates and impact on property taxes and whether the adopted levy would be a tax increase or a tax decrease. Mr. Hansen suggested that if someone is writing a check for less money, it amounts to a tax decrease. Motion by Councilmember Gag, seconded by Councilmember Cook to adjourn the meeting at 9:25 p.m. All in favor. Larry D. Hansen, City Administrator Page 16 of 16 Ken Harycki, Mayor Veterans' Courts - The Right Thing to Do Veterans receive special recognition in America. We place yellow ribbons on our cars, follow news chronicles of their bravery and tragedy, and celebrate national holidays in their honor like Memorial Day. Pundits and politicians of every stripe praise them for their sacrifice. With the conflicts in Iraq and Afghanistan now closing in on a decade in length, the public recognition we have given the men and women in our armed forces, while significant and deserving, must be transformed into something more than well- meaning words. As the conflicts overseas wage on and more of these veterans return home, the impact of prolonged combat will be felt well beyond the confines of the soldier's troubled mind. Our criminal justice system has slowly begun to account for the unique impact that returning combat veterans have on our society. Since 2008, over 20 counties in 15 states have developed specialized veterans' courts. This summer, the first veterans' court in Minnesota will begin hearing cases in Hennepin County. I hope one day soon, we can follow suit here in Washington County. The Hennepin court's mandate is twofold: To hold the combat veteran accountable for the crime, while also addressing untreated psychological and medical issues resulting from post- traumatic stress disorder (PTSD), a traumatic brain injury or severe depression. The model calls for a careful screening process to determine a veteran's eligibility, which involves input from victims, prosecuting and defense attorneys, judges, probation officers, mental health professionals and the Veterans Administration. If it is determined that mental illness linked to military service played a roll in the veteran's actions, and the crime is non - violent, the veteran could be eligible for a court - supervised program. Beyond categorical criteria, the accused veteran must also own up to the behavior and be willing to undergo extensive therapy, including substance abuse treatment. Another vital component is the volunteer mentorship program in which each participant is paired with a combat veteran to help ease the transition and hopefully connect in a way only other combat vets can. Rest assured, these programs are not issuing "get out of jail free" cards. If the veteran accepts blame, adheres to strict guidelines, which include court appearances, intensive therapy and random drug testing, and completes the program, the participant is eligible to have the charges reduced or dropped. Those who do not follow the guidelines can, and will, be subject to the punishment they would have received before they were deemed eligible for the program. Establishing a county veterans' court makes sense for a number of reasons. First off, these courts work. The combination of social services with the threat of legal consequences is a proven model that for years has been effective in reducing recidivism rates and incarceration costs in other specialty courts such as those for non - violent drug offenders. The country's first veterans' court, which was established in Erie County, New York (Buffalo) in 2008, has reported a 90 percent graduation rate with zero re- offenders, both remarkable numbers. In terms of monetary costs, the Veterans Administration bears a significant portion of the treatment and aftercare, saving the participating counties hundreds of thousands of dollars. Comparable results from drug courts also highlight the model's fiscal advantages. According to the Department of Justice, specialty drug courts save the public an average of nearly $7,000 per defendant. The early success of veterans' courts has sparked Congress to introduce a bill that would allocate $25 million for states to develop more of them. If made available, Washington County should take advantage of these federal funds, but with the idea that the price cannot be measured in dollars alone. By not taking action, the costs to our communities from repeated offenses and the decay of families are immeasurable and will only get worse as more of our soldiers return home. Nearly a third of returning combat veterans suffer from post- traumatic stress disorder, a traumatic brain injury or both, according to a 2008 study by the Rand Corporation. Many vets endure their pain in silence. Although we have done an excellent job of training them to fight and endure hardship, they are ill equipped to seek help when they return. Instead, many soldiers try to cope on their own, often with drugs and alcohol. Without professional help, the symptoms likely intensify to the point where a run -in with law enforcement is inevitable. Veterans' courts are effective in reducing crime in our communities, they save money, and they offer injured veterans an opportunity to get help and return to their families and communities as more productive citizens. We ask our soldiers to do an essential, but dangerous, job; a job that most of us have been spared. The combat experience leaves permanent scars on our husbands and wives, fathers and mothers, friends and neighbors. All of them, to varying degrees, are forever changed. As home to the Red Bulls, the Army National Guard's 34th Infantry Division, Washington County is on the front lines in the battle to effectively address the mental health issues among our returning combat veterans. Most of these men and women were not criminals when they went into the armed services. With the help of a veterans' court in Washington County, we can at least give them a chance to avoid becoming one after they risked their lives in service to their country. Not only does a veterans' court make sense in terms of criminal justice and sound fiscal policy, it's the right thing to do for those who have sacrificed so much on our behalf. Peter Orput is a founding member of the planning committee for the Hennepin County Veterans' Court. He is currently an assistant Hennepin County attorney in the Violent Crime Unit. He also serves as counsel to the Minnesota Chiefs of Police Association and has been a prosecutor for over 20 years, including seven years in Washington County. He served as a Marine from 1973 -76 and participated in the evacuation of Phnom Penh, Cambodia and Saigon, South Vietnam in 1975. Peter Orput is a candidate for Washington County Attorney this November. BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $535,113.58 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. ATTEST: Larry D. Hansen, Acting City Clerk RESOLUTION 2010 -129 DIRECTING THE PAYMENT OF BILLS Adopted by the Council this 7th day of September, 2010. Ken Harycki, Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -129 A -1 Maintenance, Inc. Abrahamson Nurseries Ace Hardware Action Rental, Inc. Allied Blacktop Company Amano McGann, Inc. AMEM Aramark Uniform Services Aspen Mills AT &T Bald Eagle Sportsmen's Assoc. Batteries Plus Battery Zone, Inc. Big Toys Inc. Board of Water Commissioner Breezy Point Resort Cardinal Tracking, Inc. CARQUEST Auto Parts CATCO Parts and Service CDW Government, Inc. Century Power Equipment Church of St. Michael City of Cottage Grove City of Forest Lake City of Oakdale Coca -Cola Bottling Company Cole Papers Collaborative Design Group, Inc. Comcast Consolidated Welding Supply Delta Dental Plan of Minnesota Electric Fire & Security Emergency Automotive Technologies, Inc. Emergency Medical Products, In F.I.R.E. Inc. Fastenal Company Fuhr Trenching Fury Dodge Chrysler Gannaway, John Gateway Cycle General Security Services Corp George Siegfried Construction Co. Grainger Hedberg Aggregates Nuisance Lawn Care Plants Parking Ramp General Supplies Rental Equipment 2010 Street Seal Coat Program Card Cleaning Cards, Cleaning Cards Annual Conference Fee /Breezy Point Uniforms Jacket Telephone, Rec Center 25 Yard Range Batteries Batteries Replacement of Play Equipment at Pioneer August WAC /Meter Charges Lodging Glaser, Gannaway Parking Ticket Supplies Equipment Repair supplies Equipment Repair supplies Computer Equipment Equipment Repair supplies Park Deposit Refund Pioneer Park Lumberjack Days Police Security Lumberjack Days Police Security 2010 Lumberjack Days Security Soda for Concessions Janitorial Supplies Professional Service /Aiple Wall Stabilization Cable /Rec Center Equipment Repair supplies AP Dental Cobra Labor to Detect Duct Detector Not Working Equipment Repair supplies Safety Equipment The Art of Reading Smoke /Education Materials General Supplies Regrade Legends Ball fields Squad Car Repairs Work Boots Police Bicycle Black Trek Installment #1 Of 5 Alarm Monitoring 9/1/2010- 11/30/2010 Angle Iron Cut Off Parking Ramp Circuit Breaker Mulch 4,809.35 144.15 192.82 342.00 102,449.40 28.86 125.00 1,221.92 28.55 199.58 190.00 238.76 157.95 7,486.92 10,260.00 1,110.00 379.32 754.62 32.08 141.02 269.80 100.00 2,545.05 2,399.39 4,158.00 1,962.90 229.48 2,947.00 124.07 24.53 196.55 95.00 53.70 229.84 300.00 54.18 4,780.73 1,820.40 113.45 999.99 81.09 1,499.50 316.29 55.79 EXHIBIT " A" TO RESOLUTION #2010 -129 Helmer Printing, Inc. Hodges Badge Company, Inc. Holiday Credit Office Hotsy Equipment of Minnesota 1 & W Instruments, Inc J. Gardner & Associates, LLC J.H. Larson Electric John Deere Landscapes /Lesco Johnson Controls Kufner, David L.T.G.Power Lake Country Door, LLC Lakeview Hospital League of MN Cities Insurance Trust Loffler Companies, Inc. Magnuson Law Firm Menards Menards Oakdale Metropolitan Council Mitchell, Vanessa MN Department of Agriculture MN Dept of Labor & Industry MN Dept. of Public Safety MN Pollution Control Agency Office Depot Olson, Todd OnSite Sanitation Optimum Mechanical Systems, Inc. Paul, Chris Paulson & Clark Engineering, Inc. Quartermaster Quiznos R & R Specialties, Inc. Ramtech Software Solutions, Inc. Riedell Shoes, Inc. Sentry Systems, Inc. Simplex Grinnell LP Sprint Sprint PCS Stillwater Motor Company Stork Twin City Testing Corporation Streicher's Sun Newspapers T- Mobile T.A. Schifsky & Sons, Inc. Taylor, Cherri Printing Service Badges for Learn to Skate Program Fuel for Rec Center Equipment Repair Supplies Equipment Repairs Temporary Tattoos for Fire Open House Breaker Repair Parts Irrigation System Parts at Parking Ramp Repair Chiller Park Deposit Refund Washington Square Starters Assy Repair Doors at Public Works facility Legal Blood Draws Fireworks Endorsement CMC 31494 Network/ Computer Support Professional Services Equipment Repair Supplies Irrigation Parts August 2010 SAC Report Refund Demolition Escrow Clean Up Cost Terra Terminal Service Registration of Forfeiture Vehicle WQ Application Fee - Sanitary Sewer Ext Office Supplies Refund Deposits Payable Grading Monthly Rental Repaired A/C in Elevator at Parking Ramp Work Boots Reimbursed Professional Services Parking Ramp Under Armor Tactical Mirage Shoe Meals for Election Judges Repair Supplies Pioneer Park Deposit Refund Skates for Resale Commercial Monitoring Systems Equipment Repair Supplies Cell Phone Cell Phone Vehicle Maintenance Extraction & Gradation 2010 Streets Ammunition Publications Cell Phone Fine Asphalt Teddy Park Deposit Refund Page 2 117.56 695.50 8.73 144.09 131.06 347.00 91.44 403.37 253.40 100.00 121.65 308.86 120.00 106,531.50 2,725.64 6,796.83 1,269.12 188.16 18,711.00 2,376.00 236.84 70.00 80.00 70.00 549.11 2,000.00 1,052.68 547.50 39.62 1,810.00 96.98 541.36 2,386.60 100.00 2,022.15 143.83 681.22 85.68 88.59 217.05 460.00 322.11 83.03 126.69 1,538.12 100.00 EXHIBIT " A" TO RESOLUTION #2010 -129 Page 3 The Youth's Safety Company Thompson, Linda Tousley Ford Turnblad, Bill Uniforms Unlimited, Inc United Refrigeration, Inc. UPS US Bank USAble Life Verizon Wireless Viking Industrial Center Wal Mart Community Watson Company, Inc. The Wingfoot Commercial Tire Wulfing, David Yocum Oil Company Zayo Enterprise Networks,LLC Zebra Technologies Corp. LIBRARY Annis, Joey Baker & Taylor Beaudet, Michelle BWI Book Wholesalers Comcast Embury Ltd., Inc. Info USA Marketing, Inc. MN Office Of Enterprise Technologies N.A.D.A. Appraisal Guides Palmer, Justin Park Genealogical Book Co. Peterson, Andrew D Rosentreter, Hannah Stringer Business Systems Sunset Cleaning /Donna Rosentreter Washington County Library Water Works Irrigation LLC Xcel Energy AUGUST MANUALS ABS Company Pencils BCA Criminal Justice Info Users Conference Police Vehicle Repairs Pool Cover Performance Specs, Boots A. Peterson Equipment Repair supplies Shipping Paying Agent Fees Term Life Insurance Cell Phones Safety Equipment Lumberjack Days Supplies Concession Supplies Tires Canine Boarding 8/11- 18/2010 Fuel Telephone Labels for Sticker Printer Event Preparation Library Books Event Preparation Children's Books Telecommunications Shelving Reference Books Telephone Reference Subscription Refund of Event Deposit Subscription Event Preparation Event Preparation Maintenance Contract Event Cleaning Service Data Base Searching Sprinkler Repair Electricity /Natural Gas 1st & 2nd 2009 TIF, 1st Half 2010 TIF Anderson,Richard dba Lowell Inn 1st Half Property Tax Abatement 462.00 285.32 685.03 71.00 1,113.62 1,017.83 20.61 215.63 400.08 1,775.36 126.67 688.75 337.71 1,456.78 123.40 11,016.70 549.82 791.64 21.32 1,702.30 85.26 320.30 49.90 1,035.05 620.00 339.30 75.00 177.50 25.00 31.97 46.18 40.64 380.00 1,185.90 58.95 4,528.57 7,954.05 4,310.32 EXHIBIT " A" TO RESOLUTION #2010 -129 Page 4 Lake Area Bank Mainstream Development Partnership St. Croix Events, Inc. Wachovia Securities ADDENDUM Clark, Luann Metropolitan Council Neopost Northland Graphics O'Reily Auto Parts Plant Health Associates, Inc. Pogge, Michel Qwest Xcel Adopted by the City Council this 7th Day of September, 2010 Earnest Money 1st Half 2010 TIF 1 Fireworks Pass thru Anderson Foundation Refund of Fire Inspection Fee 10,000.00 18,972.12 8,000.00 50.00 Cleaning City Hall, Public Work 1,152.50 October 2010 Wastewater 118,390.29 IS 440 Mail Machine 3,145.00 12 Custom Rubber Stamps 170.36 Vehicle Repair Parts 6.40 July -Aug 2010 Professional Services 792.00 State Preservation Conference Hotel Rooms 387.36 Telephone 575.17 Electricity, Gas 16,807.82 TOTAL 535,113.58 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -129 A -1 Maintenance, Inc. Abrahamson Nurseries Ace Hardware Action Rental, Inc. Allied Blacktop Company Amano McGann, Inc. AMEM Aramark Uniform Services Aspen Mills AT &T Bald Eagle Sportsmen's Assoc. Batteries Plus Battery Zone, Inc. Big Toys Inc. Board of Water Commissioner Breezy Point Resort Cardinal Tracking, Inc. CARQUEST Auto Parts CATCO Parts and Service CDW Government, Inc. Century Power Equipment Church of St. Michael City of Cottage Grove City of Forest Lake City of Oakdale Coca -Cola Bottling Company Cole Papers Collaborative Design Group, Inc. Comcast Consolidated Welding Supply Delta Dental Plan of Minnesota Electric Fire & Security Emergency Automotive Technologies, Inc. Emergency Medical Products, In F.I.R.E. Inc. Fastenal Company Fuhr Trenching Fury Dodge Chrysler Gannaway, John Gateway Cycle General Security Services Corp George Siegfried Construction Co. Grainger Hedberg Aggregates Nuisance Lawn Care Plants Parking Ramp General Supplies Rental Equipment 2010 Street Seal Coat Program Card Cleaning Cards, Cleaning Cards Annual Conference Fee /Breezy Point Uniforms Jacket Telephone, Rec Center 25 Yard Range Batteries Batteries Replacement of Play Equipment at Pioneer August WAC /Meter Charges Lodging Glaser, Gannaway Parking Ticket Supplies Equipment Repair supplies Equipment Repair supplies Computer Equipment Equipment Repair supplies Park Deposit Refund Pioneer Park Lumberjack Days Police Security Lumberjack Days Police Security 2010 Lumberjack Days Security Soda for Concessions Janitorial Supplies Professional Service /Aiple Wall Stabilization Cable /Rec Center Equipment Repair supplies AP Dental Cobra Labor to Detect Duct Detector Not Working Equipment Repair supplies Safety Equipment The Art of Reading Smoke /Education Materials General Supplies Regrade Legends Ball fields Squad Car Repairs Work Boots Police Bicycle Black Trek Installment #1 Of 5 Alarm Monitoring 9/1/2010- 11/30/2010 Angle Iron Cut Off Parking Ramp Circuit Breaker Mulch 4,809.35 144.15 192.82 342.00 102,449.40 28.86 125.00 1,221.92 28.55 199.58 190.00 238.76 157.95 7,486.92 10,260.00 1,110.00 379.32 710.33 32.08 141.02 269.80 100.00 2,545.05 2,399.39 4,158.00 1,962.90 229.48 2,947.00 124.07 24.53 196.55 95.00 53.70 229.84 300.00 54.18 4,780.73 1,820.40 113.45 999.99 81.09 1,499.50 316.29 55.79 EXHIBIT " A" TO RESOLUTION #2010 -129 Page 2 Helmer Printing, Inc. Hodges Badge Company, Inc. Holiday Credit Office Hotsy Equipment of Minnesota J & W Instruments, Inc J. Gardner & Associates, LLC J.H. Larson Electric John Deere Landscapes /Lesco Johnson Controls Kufner, David L.T.G.Power Lake Country Door, LLC Lakeview Hospital League of MN Cities Insurance Trust Loffler Companies, Inc. Magnuson Law Firm Menards Menards Oakdale Metropolitan Council Mitchell, Vanessa MN Department of Agriculture MN Dept of Labor & Industry MN Dept. of Public Safety MN Pollution Control Agency Office Depot Olson, Todd OnSite Sanitation Optimum Mechanical Systems, Inc. Paul, Chris Paulson & Clark Engineering, Inc. Quartermaster Quiznos R & R Specialties, Inc. Ramtech Software Solutions, Inc. Riedel) Shoes, Inc. Sentry Systems, Inc. Simplex Grinnell LP Sprint Sprint PCS Stillwater Motor Company Stork Twin City Testing Corporation Streicher's Sun Newspapers T- Mobile T.A. Schifsky & Sons, Inc. Taylor, Cherri Printing Service Badges for Learn to Skate Program Fuel for Rec Center Equipment Repair Supplies Equipment Repairs Temporary Tattoos for Fire Open House Breaker Repair Parts Irrigation System Parts at Parking Ramp Repair Chiller Park Deposit Refund Washington Square Starters Assy Repair Doors at Public Works facility Legal Blood Draws Fireworks Endorsement CMC 31494 Network/ Computer Support Professional Services Equipment Repair Supplies Irrigation Parts August 2010 SAC Report Refund Demolition Escrow Clean Up Cost Terra Terminal Service Registration of Forfeiture Vehicle WQ Application Fee - Sanitary Sewer Ext Office Supplies Refund Deposits Payable Grading Monthly Rental Repaired A/C in Elevator at Parking Ramp Work Boots Reimbursed Professional Services Parking Ramp Under Armor Tactical Mirage Shoe Meals for Election Judges Repair Supplies Pioneer Park Deposit Refund Skates for Resale Commercial Monitoring Systems Equipment Repair Supplies Cell Phone CeII Phone Vehicle Maintenance Extraction & Gradation 2010 Streets Ammunition Publications Cell Phone Fine Asphalt Teddy Park Deposit Refund 117.56 695.50 8.73 144.09 131.06 347.00 91.44 403.37 253.40 100.00 121.65 308.86 120.00 106,531.50 2,725.64 6,796.83 1,269.12 188.16 18,711.00 2,376.00 236.84 70.00 80.00 70.00 549.11 2,000.00 1,052.68 547.50 39.62 1,810.00 96.98 541.36 2,386.60 100.00 2,022.15 143.83 681.22 85.68 88.59 217.05 460.00 322.11 83.03 126.69 1,538.12 100.00 EXHIBIT " A" TO RESOLUTION #2010 -129 Page 3 The Youth's Safety Company Thompson, Linda Tousley Ford Turnblad, Bill Uniforms Unlimited, Inc United Refrigeration, Inc. UPS US Bank USAble Life Verizon Wireless Viking Industrial Center Wal Mart Community Watson Company, Inc. The Wingfoot Commercial Tire Wulfing, David Yocum Oil Company Zayo Enterprise Networks,LLC Zebra Technologies Corp. LIBRARY Annis, Joey Baker & Taylor Beaudet, Michelle BWI Book Wholesalers Comcast Embury Ltd., Inc. Info USA Marketing, Inc. MN Office Of Enterprise Technologies N.A.D.A. Appraisal Guides Palmer, Justin Park Genealogical Book Co. Peterson, Andrew D Rosentreter, Hannah Stringer Business Systems Sunset Cleaning /Donna Rosentreter Washington County Library Water Works Irrigation LLC Xcel Energy Pencils BCA Criminal Justice Info Users Conference Police Vehicle Repairs Pool Cover Performance Specs, Boots A. Peterson Equipment Repair supplies Shipping Paying Agent Fees Term Life Insurance CeII Phones Safety Equipment Lumberjack Days Supplies Concession Supplies Tires Canine Boarding 8/11- 18/2010 Fuel Telephone Labels for Sticker Printer Event Preparation Library Books Event Preparation Children's Books Telecommunications Shelving Reference Books Telephone Reference Subscription Refund of Event Deposit Subscription Event Preparation Event Preparation Maintenance Contract Event Cleaning Service Data Base Searching Sprinkler Repair Electricity /Natural Gas 462.00 285.32 685.03 71.00 1,113.62 1,017.83 20.61 215.63 400.08 1,775.36 126.67 688.75 337.71 1,456.78 123.40 11,016.70 549.82 791.64 21.32 1,702.30 85.26 320.30 49.90 1,035.05 620.00 339.30 75.00 177.50 25.00 31.97 46.18 40.64 380.00 1,185.90 58.95 4,528.57 Stillwater Elks Lodge No. 179 B.P.O.E. Telephone: (651) 439 -5276 1905 Greeley Street South E -mail: stillwaterelks @yahoo.com Stillwater, MN 55082 'August 16, 2010 City of Stillwater Stillwater, MN 55082 To Whom It May Concern, Elks Lodge #179 would like to use the Lily Lake Tennis Courts for the sale of Christmas trees again this year. This will be our 24 year of offering trees to the Stillwater community and again we will use this project to provide trees to those families who cannot afford to buy one. As in the past, we will cleanup after ourselves and leave the courts in excellent condition. We expect to continue to help the citizens of the Stillwater area with contributions to scouting, city parks, United Way, research foundations, Hoop Shoot and Soccer Shoot competitions, scholarships, area schools, etc. Thank you and the City of Stillwater for your support. Fraternally, y eonard'W. Schrade, Chairman 1711 W. Olive Street Stillwater, MN 55082 Phone: (651) 439 -4884 August 23, 2010 To: City Council Members From: Robert Zoller, Fire and Life Safety Officer Re: Fire Prevention Week Signs/Banners /rfz cc: Stu Glaser, Fire Chief Memorandum The week of October 3 - 9, 2010 has been set aside as National Fire Prevention Week. The Stillwater Fire Department will be promoting this year's national theme "Smoke Alarms: A sound you can live with" We will be hosting a number of fire safety activities the month of October. Some of these will be visiting area schools with fire educational lessons and sending fire safety messages home with the student for the parents to review with their child, delivering fire safety messages to area business, an "open house" at the fire station planned for Saturday October 9th, . and delivering fire safety information to city employees, to name a few. As in past years we are again planning to display a number of signs and banners with fire safety messages at various locations around the city. These will be placed on city property and remain through the month of October. The fire department is requesting the City Council for permission to display these life safety messages. Following is a list of the locations where the signs/banners will be placed. Banner to hang on the outside of the fire station, 216 N. 4th St Sign at Lily Lake recreational area, South Greeley St Sign at water department well house property, 1320 South 4th St. Sign at water department well house property, 1304 West Olive St. Sign at water department well house property, 1013 North Owens St. Sign at water department well house property, 1800 West Orleans St. Sign at water department well house property, Rutherford & England PI. Sign at City Lift Station, West Myrtle St near Jaycee Complex. Sign at Heritage Park, Heritage Ct. & Parkway Sign at Legends Park, Barons Way & Delano Way Sign at City Park, Millbrook Cir. and Maureen Ln. Sign at Park, Myrtle St. & Greeley St Sign at the City Public Works Building, Boutwell Rd. N. Thank you for your time in reviewing this request. If you have need for further information please contact the department administrative aid, Linda Thompson 351 - 4963, and she will assist you. Building Retirement Security Dear Plan Sponsor: In keeping with our commitment to helping your employees build retirement security, ICMA -RC is pleased to offer Guided Pathway?, a comprehensive suite of investment advisory services, to plan participants. As you may know, Guided Pathways includes our Managed Accounts service, which may be the ideal alternative for employees looking for ongoing professional management of their ICMA -RC retirement accounts. Although the Asset Class Guidance and Fund Advice services of Guided Pathways are already available as part of your ICMA -RC plan, we need your approval to offer Managed Accounts to your plan participants. To make sure your employees are eligible to participate in Managed Accounts, please read the enclosed Guided Pathway? Managed Accounts Questions and Answers and the Managed Accounts Services Agreement and sign and return the Managed Accounts Services Agreement Signature Page as soon as possible. Please contact our Client Services team at 800 - 326 -7272 with any questions you may have on how to offer Managed Accounts to your employees. Sincerely, K A474 , i ittv,—„cok Keith Sendall Senior Vice President, Field Sales Enclosures LTR000- 063 - 0710 -4100 Vantagepoint Funds are distributed by ICMA -RC Services, LLC, a wholly owned broker - dealer subsidiary of ICMA -RC, member FINRA. ICMA RETIREMENT CORPORATION I 777 NORTH CAPITOL STREET, NE I WASHINGTON, DC 20002 -4240 ICMA -RC GUIDED PATHWAYS® MANAGED ACCOUNTS SERVICES AGREEMENT This Managed Accounts Services Agreement ( "Agreement "), made as of the day of , 200_ (herein referred to as the "Inception Date "), between the «PlanSponsor» ( "Employer "), a «Entity» organized and existing under the laws of the State of «IncState» with an office at «Addressl », «City », «State» «PostalCode» and International City County Management Association Retirement Corporation ( "ICMA -RC "), a Delaware corporation, is to add the discretionary investment advisory services program ( "Managed Accounts ") described in this Agreement as a discretionary asset allocation and management service offered under your employer - sponsored retirement plan or plans ( "Plan "). RECITALS Employer acts as a public sponsor for a Plan with responsibility to obtain investment alternatives and services for employees and former employees participating in that Plan (each a "participant "); ICMA -RC provides an array of services to public employers for the operation of employee retirement plans including, but not limited to, investment advisory services, communications concerning investment alternatives, account maintenance, account record - keeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. L --- Managed Accounts is a new discretionary investment advisory service provided as part of ICMA -RC's Guided Pathways program, a suite of investment services designed to assist participants in reaching their retirement investing objectives. This Agreement adds Managed Accounts, a discretionary asset allocation investment advisory service, to Asset Class Guidance and Fund Advice, already offered by ICMA -RC and available to most participants. These services, all of which are offered through the Guided Pathways platform, are intended to assist participants in reaching their retirement investing objectives. ICMA -RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission ( "SEC ") under the Investment Advisers Act of 1940, as amended ( "Advisers Act "). ICMA -RC Services, LLC (a wholly owned subsidiary of ICMA -RC) is registered as a broker - dealer with the SEC and is a member in good standing with FINRA and the Securities Investor Protection Corporation ( "SIPC "). AGREEMENTS 1. Investment Advisory Services Each participant, beneficiary or alternate payee as permitted under the Plan (collectively, "Participants "), electing to have investment advisory services provided by ICMA -RC must agree to the Investment Advisory Agreement ( "Participant Agreement "), which describes the features of Managed Accounts and Fund Advice as well as the rights and responsibilities of the Participants under the program. Participants who are (1) subject to any imposed frequent trading restrictions (2) have any assets invested in the VantageTrust Retirement IncomeAdvantage Fund with respect to the Account(s) they wish to enroll in Managed Accounts, or (3) have separated service with respect to the employer sponsoring the Plan and are withdrawing assets from their account(s) are not eligible to participate in Managed Accounts. By entering into this Agreement, you acknowledge and agree that you have received and reviewed this Agreement and the Participant Agreement, including the terms, conditions, and details of Managed Accounts described in those Agreements and that as Plan Fiduciary you authorize ICMA -RC to offer and make available Managed Accounts to Participants in each of your eligible ICMA RC administered 457 and 401 Plans. Vantagecare Retirement Health Savings Plans and Plans that do not meet core investment option asset category requirements (e.g., ICMA -RC's standard 457 PTS Plan) are not considered eligible plans. Managed Accounts Managed Accounts is a discretionary asset allocation and management service designed for Participants who want to delegate their individual Plan investment decisions to a financial expert. Participants are charged an asset -based fee for Managed Accounts. See Section 5 below for applicable fees. The Managed Accounts fee covers only our advisory fee for allocating and reallocating assets in participants' accounts and does not cover any other fees or expenses associated with these accounts including underlying mutual fund and plan administration fees. Under Managed Accounts, a Participant authorizes ICMA -RC to exercise discretionary authority to allocate and reallocate the assets in his or her Plan account or accounts among eligible Plan investments and implement individualized advice generated from the investment methodologies and software created by Ibbotson Associates, Inc. ( "Ibbotson "), a leading provider of retirement advice and asset allocation strategies. Ibbotson is a federally registered investment adviser and a wholly owned subsidiary of Morningstar Inc., a leading world -wide provider of independent research committed to helping investors reach their financial goals. In providing such services to ICMA -RC, Ibbotson acts as the Independent Financial Expert ( "IFE ") as that term is used in Advisory Opinion 2001 -09A issued by the U.S. Department of Labor (the "DOL ") (see Section 3, below). Based on information provided by the Managed Accounts Service Agreement 1 ICMA - RESOLUTION 2010 -130 APPROVAL OF ICMA -RC MANAGED ACCOUNT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the Agreement between City of Stillwater and International City County management Association Retirement Corporation (ICMA -RC) related to managed accounts, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Administrator to sign the agreement. Adopted by the Stillwater City Council this 7 day of September, 2010. ATTEST: Larry D. Hansen, City Administrator Ken Harycki, Mayor APPLICATION FOR PERMIT TO SELL Permit No 2010 -- 254 Location Lily Lake Park Organization 3rd Annual Bean Bag Toss Tournament Organization Type (Individual, For - Profit, or Non -Profit Non Profit Organization First Name Brian Address 118 West Olive Street City Stillwater Mailing Address (if different than above) Daytime Phone 707 -4088 Other Phone 430 -9513 Event (softball game, wedding, etc. Bean Bag Tournament Type of Activity (fund raiser, dancing, music etc.) Beginning Day Saturday, September 25, 2010 Beginning Time 10:00 AM Ending Day Saturday, September 25, 2010 Ending Time 10:00 PM Diane Ward, City Clerk THE BIRTHPLACE OF MINNESOTA State MN Zip 55082 Selling of Beer 3 -2 Selling of Beer (over 3 -2)* Selling of Liquor* Selling of Wine* *Requires a temporary license through MN Liquor Control OFFICE USE ONLY Last Name Nelson Date of Birth: Permit to Sell Issued LJ Approved by City Council on CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwater.mn.us To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: September 2, 2010 Subject: Environmental Services Contract DISCUSSION MEMORANDUM As part of the engineering report for the Stillwater Flood Control Project, contaminated subsurface soils were identified along the project area from Nelson Street to Mulberry Street. According to a previous agreement with the US Army Corps of Engineers, any hazardous material found in the project area is the responsibility of the City and a plan for the mitigation of the hazardous material must be in place before the start of construction of the project. Also, with the proposed lining of the downtown sanitary sewer main and proposed Lowell Park Improvements, it is expected that some of these contaminated soils would be encountered during construction. To deal with the contaminated soils on these three projects, it is recommended that an approved soil / groundwater plan be in place and approved by the Minnesota Pollution Control Agency before construction takes place. Staff has asked requested the services Natural Resources Group Inc., an environmental engineering firm to assist in the City in three areas; prepare the necessary applications to the MPCA, prepare a soil contingency plan, and check into the availability of State and Federal Cleanup funds. The cost for this work is estimated at $6800. Additional work may be needed depending on the requirements of the MPCA and would be charged at an additional cost. The consultant is familiar with the project area and has assisted the City in previous years with environmental issues within the City including soil mitigation from the Phase II flood control project in 2000. Consultant work for the mitigation does qualify for reimbursement under the DNR Flood Hazard Mitigation Grant. RECOMMENDATION It is recommended that the Council accept and approve the quote from Natural Resource Group Inc. in the amount of $6800 to assist the City in the preparation of an environmental plan for the contaminated subsurface soils for projects in the downtown areas. ACTION REQUIRED If Council agrees with the Recommendation, they should pass motion ACCEPTING AND APPROVING THE QUOTE FROM NATURAL RESOURCE GROUP INC ACCEPTING AND APPROVING QUOTE FROM NATURAL RESOURCE GROUP INC. WHEREAS, a proposal for the preparation of an environmental plan for the contaminated subsurface soils for the Stillwater Flood Control project has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to approve the quote provided by Natural Resource Group, Inc. for the preparation of an environmental plan for the contaminated subsurface soils for the Stillwater Flood Control project. Adopted by the City Council this 7 th day of September 2010. Attest: Larry Hansen, Acting City Clerk Ken Harycki, Mayor tl Shawn Sanders From: Mark Mason [MSMason @nrg- Ilc.com] Sent: Monday, August 23, 2010 7:43 AM To: Shawn Sanders Subject: Stillwater Levee Environmental Scope of Work and Cost Estimate Shawn: Per our discussion, I have prepared a scope of work and cost estimate for assisting with the Levee wall project. NRG understands that three separate projects will potentially disturb subsurface soil in the waterfront area. As previously recommended, NRG proposes to enter the projects into the Minnesota Pollution Control Agency (MPCA) Petroleum Brownfield Cleanup and the Voluntary Investigation and Cleanup (VIC) programs pursuant to obtaining approval of a Contaminated Soil and Groundwater Contingency Plan. Following are proposed scopes of work and costs associated with the project: 2. Preparing a Soil /Groundwater Contingency Plan ($3,000). This assumes that no additional soil or groundwater sampling will be required. 3. Performing soil screening during excavation activities ($100 per hour plus mobilization and organic vapor meter rental [$100 per day]). Additional costs will include management and report preparation, if required. As the project scope develops, we will update these costs. 4. Further evaluating the availability of Federal and State environmental cleanup funds ($1,300). This cost does not include the preparation of grant applications. The cost does include the preparation of a project summary for agency review. If you have any questions regarding the estimated costs, please contact me at 612 - 215 -6082. If acceptable, please send an email as authorization for NRG to proceed with the project. All work will be completed in accordance with the city of Stillwater and NRG's previously executed Professional Services Agreement. Sincerely, Mark 1. Entering the project into the MPCA Petroleum Brownfield Program and the MPCA VIC Program (Estimated cost to prepare and submit the applications and attend a project meeting at the MPCA- $2,500). This cost assumes that a relatively updated Phase I Environmental Site Assessment (ESA) has been prepared for the project. A historical Phase I ESA might be acceptable to the MPCA. I believe SEH may have previously prepared a Phase I ESA for the project area. After our review of any historical Phase I ESA's we will contact the MPCA to further evaluate if a more current Phase I needs to be prepared for the project. PJAT RESOURC tROLIP Mark Mason, P.G. MSMason@nrq-11c.com (612) 215 -6082 Direct (612) 804 -1664 Cell (612) 347 -6780 Fax To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: September 1, 2010 Subject: Flood Hazard Mitigation Grant Agreement DISCUSSION As part of the 2009 Minnesota Legislative Session, the City of Stillwater received a Flood Hazarded Mitigation Grant from the Minnesota Department of Natural Resources (State as part of the Capital Improvement Projects Bill. This grant would be used to assist in the funding of the non - federal costs associated with the Phase 3 flood control project. (Non - federal costs include, 25% of the project costs, and soil mitigation costs , ). The amount of grant is for $400,000, and is a matching grant. This means the City shall match the State share of the costs up to $400,000. Since the City decided to proceed with a flood control project an application to the State was required. This has been submitted and approved. The next step is enter into an agreement with the State. From the date of approval with the State, all non - federal costs related to the Flood control project would be reimbursable through the grant. RECOMMENDATION MEMORANDUM In order for the City to receive the Flood Hazard Mitigation Grant, it is recommended that Council approve the Flood Hazard Mitigation Grant Agreement Between the State of Minnesota and the City of Stillwater. ACTION REQUIRED If Council agrees with the Recommendation, they should pass Resolution No. FLOOD HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER. APPROVEING THE FLOOD HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER WHEREAS, an agreement describing the City's participation in a grant agreement for funding of the non - federal costs associated with the Phase 3 control project has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council is hereby approved. Adopted by the City Council this 7th day of September 2010. Attest: Diane F. Ward, City Clerk Ken Harycki, Mayor 4 THIS Grant is made between the State of Minnesota, acting by and through its Commissioner of Natural Resources (hereinafter the "State ") and the City of Stillwater, 216 North 4 Street, Stillwater, Minnesota 55082 (hereinafter the "Grantee "). WHEREAS, the State is authorized by Minnesota Statutes Section 103F.161 to provide flood hazard mitigation grants to local units of government to conduct flood plain damage reduction studies and/or plan and implement flood mitigation measures; and WHEREAS, the Grantee has submitted an application to the State for a flood hazard mitigation grant; and 'WHEREAS, the State has determined that the Grantee should receive flood hazard mitigation assistance; and WHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein. NOW THEREFORE, it is agreed between the State and the Grantee as follows: 1.0 AMOUNT OF GRANT 1.1 STATE SHARE The State shall award the Grantee fifty percent (50 %) of the total costs of the approved Project as identified in Section 2.1 (hereinafter "Project "), or $400,000.00, whichever is less, for the costs authorized herein. The total obligation of the State for all compensation and reimbursements to Grantee under this Grant shall not exceed $400,000.00. 1.2 GRANTEE SHARE The Grantee is required to match the State share of the costs of the Project. In -kind services by the Grantee can constitute all or part of the Grantee's required share of costs provided that proper documentation of the in -kind services is provided to, and approved by, the State. 2.0 AUTHORIZED PROJECT 2.1 PROJECT PLAN FLOOD HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA AND THE CITY OF STILLWATER, MINNESOTA The proceeds of this Grant are to be used solely for the Project, which is described in Exhibit A, attached hereto. A detailed description of the nature and scope of the Project is described in Exhibit A, and as subsequently amended or revised, which is incorporated herein by reference. 2.2 ADMINISTRATION AND SUPERVISION The Grantee shall be responsible for the administration, supervision, management and Project oversight that may be required for the work performed under this Grant. 3.0 ACKNOWLEDGMENTS The Grantee agrees to acknowledge the State's financial support for the Project. Any statement, press release, bid, solicitation, or other document issued describing the Project shall provide information reflecting that State funds were used to support the Project and will contain the following language: This Project is made possible in part by a grant provided by the Minnesota Department of Natural Resources, through an appropriation by the Minnesota State Legislature. Any site developed or improved by the Project shall display a sign, in a form approved by the State, stating the same information. 4.0 CONTACT PERSONS The State's authorized agent for the purpose of administration of this Grant is: Pat Lynch, FDR Hydrologist Minnesota DNR Waters 500 Lafayette Road St. Paul, MN 55155 -4032 (651) 259-5691 1 The Grantee's authorized agent for the purpose of administration of this Grant is: Larry Hansen, Administrator City of Stillwater 216 North 4` Street Stillwater Minnesota, 55082 (651) 430-8801 5.0 COSTS 5.1 ELIGIBLE COSTS Eligible costs are those costs directly incurred by the Grantee that are solely related to and necessary for producing the work products described in the Project Plan. Eligible costs may include the following: 5.1.1 Advertising costs for bids and proposals; 5.1.2 Capital expenditures for facilities, equipment and other capital assets as expressly approved in the Project Plan; 5.1.3 Materials and supplies; 5.1.4 Architectural and engineering services; 5.1.5 Construction management and inspection services; 5.1.6 Surveys and soil borings; 5.1.7 Land acquisition and title clearing costs; 5.1.8 Attorney fees solely related and necessary to accomplish the Project, as determined by the State; 5.1.9 Actual construction of the Project; or 5.1.10 Travel, lodging and meal expenses of persons involved in the Project in the same manner and in no greater amount than provided for in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. Certain other types of costs may be eligible provided that they are (1) directly incurred by the Grantee; (2) are solely related to, and necessary for, producing the work products described in the Project Plan; and (3) have prior written approval of the State. Any cost not defined as an eligible cost or not included in the Project Plan shall not be paid from State funds committed to the Project. 5.2 NON - ELIGIBLE COSTS Non - eligible costs for reimbursement means all costs not defined as eligible costs, including but not limited to the following: 5.2.1 Any costs incurred before the effective date of this Grant; 5.2.2 Fund raising; 5.2.3 Taxes, except sales tax on goods and services; 5.2.4 Insurance, except title insurance; 5.2.5 Attorney fees not necessary to accomplish the Project; 5.2.6 Loans, grants, or subsidies to persons or entities for development; 5.2.7 Bad debts or contingency funds; 5.2.8 Interest; 5.2.9 Lobbyists; and 5.2.10 Political contributions 6.0 PAYMENT OF GRANT MONIES 6.1 REIMBURSEMENT To obtain reimbursement for eligible costs under this Grant, the Grantee shall provide the State with invoices and evidence that the portion of the Project for which payment is requested has been satisfactorily completed. All invoices shall be sent to the person designated in Section 4.0 herein above. Invoices will be submitted for double the amount and should differentiate, when applicable, between the Federal and Non - Federal Project costs, as well as the State and local share of the Project costs. No facsimiles will be accepted. Invoices must be received by the State within thirty (30) days after the completion of the Project or the expiration of this Grant as set forth in Section 1 1.1 herein below, whichever occurs first. Invoices received after that date will not be eligible for reimbursement. The State's authorized agent has final authority for acceptance of Grantee's services, determination as to whether the expenditures are eligible for reimbursement under this Grant, and verification of the total amount requested. The Grantee shall not receive payment for 2 t work found by the State to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. No more than ninety (90) percent of the State's share of the cost shall be paid by the State until the State has determined that the Grantee has satisfactorily fulfilled all of the terms of this Grant. The Grantee shall arrange for a tour of the Project areas prior to release of the final ten (10) percent of the funds. 6.2 REIMBURSEMENT SCHEDULE It is required that invoices be submitted, at a minimum, at the close of each state fiscal year which is July 1 — June 30. If expenses are extensive, reimbursement requests may be submitted monthly or quarterly. Please itemize the eligible expenses by the month of occurrence, not liquidation. If invoices are not received in this format, it could delay receipt of payment. 7.0 ACCOUNTING AND AUDIT The Grantee shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this Grant to the extent and in such detail that will accurately reflect the total cost of the Project. The Grantee shall use generally accepted accounting principles. All records shall be retained for a minimum of six (6) years after completion of the Project. The State, its representative, or the legislative auditor shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices relevant to the Grant. 8.0 AMERICANS WITH DISABILITY ACT AND HUMAN RIGHTS The Grantee, in the conduct of the Project, shall comply with the Americans with Disabilities Act of 1990 (P.L. 100 -336), Minnesota Statutes Chapter 363 (the Minnesota Human Rights Act), and Minnesota Statutes, Sections 181.59 -60 and all applicable rules and subsequent amendments. 9.0 WORKERS' COMPENSATION The Grantee in the conduct of the Project shall comply with Minnesota Statutes, Section 176.181, Subdivision 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 10.0 LIABILITY 11.0 TERM The Grantee agrees to indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, arising from the performance of this Grant by the Grantee, its agents, contractors or employees. This clause shall not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant. 11.1 EFFECTIVE DATE This Grant shall become legally effective upon such date as it is executed by the Department of Natural Resources and shall remain in effect until December 31, 2011, or until all obligations set forth in this Grant have been satisfactorily fulfilled, whichever occurs first. 11.2 TERMINATION This Grant may be terminated by the State or the Grantee at any time with or without cause upon thirty (30) days' written notice to the other party. In the event of such a cancellation, the Grantee shall be entitled to payment determined on a pro rata basis for work or services satisfactorily performed. 11.3 AMENDMENTS Any amendment to this Grant must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 12.0 ASSIGNMENT The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 13.0 ANTI -TRUST PROVISION The Grantee hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Grant resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 3 14.0 CHOICE OF LAW By: Title: Date: All matters relating to the performance of this Grant shall be controlled by and determined in accordance with the laws of the State of Minnesota. 15.0 DATA DISCLOSURE Under Minnesota Statutes, Section 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. 016A.15 and 16C.05. By: Brenda Medd Date: 8/17/10 CFMS Grant Contract No.: B47406 2. GRANTEE By: Title: Date: A certified copy of the Grantee's Resolution unconditionally approving this Grant Agreement is attached as Exhibit B. Distribution: Agency Grantee State's Authorized Representative - Photo Copy 3. STATE OF MINNESOTA ACTING BY AND THROUGH ITS COMMISSIONER OF NATURAL RESOURCES By: Title: Date: 4 WHEREAS, the following names were inadvertently omitted from Resolution 2010 -95 as Election Judges; and WHEREAS, these people were trained as required by State Statute as Election Judges. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: ATTEST: RESOLUTION 2010 -133 RESOLUTION AMENDING RESOLUTION 2010 -95, APPOINTING ELECTION JUDGES AND FIXING COMPENSATION 1. Ann Haraldson and Marlene Lentz are added to Resolution 2010 -95 and designated election judges for the 2010 Primary and General Election. 2. In all other ways Resolution 2010 -95 remains the same. Adopted by the Stillwater City Council this 7 th day of September, 2010. Larry D. Hansen, City Administrator Ken Harycki, Mayor - MEMO - To: City of Stillwater Staff, Planning Commission, and City Council From: Todd Remely, President, Liberty on the Lake HOA and Board of Directors Date: September 7, 2010 Re: Patriot's Tavern Restaurant Proposal On August 5, 2010, the Liberty on the Lake Master Homeowners Association (HOA) held an open house for its homeowners to discuss the proposed Patriot's Tavern. The open house was well attended by approximately 50 neighborhood residents. At the open house, the promoters of the restaurant, Brian and Brent Pilrain, presented their business concept, construction plans, and menu concepts. They also answered questions from the residents. The Mayor and City Council Member Polehna were also in attendance, as was City Planner Mike Pogge. City representatives presented information pertaining to the restaurant's liquor license application, review process, parking, and other issues. While it is difficult to accurately reflect the opinions of 50 people at an open house, and although we reserve the right to change our recommendations during the approval process, I believe that the following accurately describes the tenor of the meeting: 1. The Liberty on the Lake community is initially supportive of a restaurant, with a full liquor license, at the former Liberty House Cafe location. The type of restaurant proposed by the Pilrains is consistent with the needs of the neighborhood and having a solid business in that location is important to the continued development and viability of the Liberty Village commercial area. 2. The neighborhood's support of a liquor license for the establishment is conditioned upon the City revising the applicable Ordinance to include a requirement for. a. Limiting the hours of operation of the holder of the liquor license, with a 10:00 p.m. closing being the most frequently mentioned closing time; and During its August 9, 2010 meeting, the Planning Commission voted to approve a 1 0:00 pm closing time Sunday through Thursday, and a 10:30 pm closing time Friday and Saturday. The 10:30 pm closing time is inconsistent with what was previously discussed. Please understand that neither the Pilrains nor the Liberty HOA requested the extended hours for Friday and Saturday. This decision was make unilaterally by the Planning Commission. Nearby residents have expressed concern about the 10:30 pm closing time, and would like it adjusted to 10:00 pm seven days a week. b. Requiring that at least 60% of the restaurant's revenues come from food sales; and It appears that both the Planning Commission and the Joint Board supported this requirement. We recommend that the City Council also support this clause as a condition of approval. c. Requiring adequate on -site and overflow parking that does not include parking in the residential area (i.e. Liberty Parkway, Settler's Way, Rutherford Road, and others); and We understand that the City is requiring the Pilrains to have a certain amount of parking. We also understand that there is apparently a cross - easement for parking with the other Liberty Village businesses. Despite this, we remain very concerned that guests will still park in the residential areas along Liberty Parkway, Settler's way, and Rutherford Road during busy times. This will negatively impact the safety of our children. To address this concern, we request that the city post "No restaurant parking" signs in any residential arca that is impacted by parking issues related to this project. The Pilrain's Willcrnie restaurant draws a very large amount of guests during the typical restaurant rush hours and parking has become a big problem. We expect the same amount of additional traffic and resulting parking issues. The "No restaurant parking" signs mentioned above will work to solve any problems in the nearby residential portions of the neighborhood. d. Requiring adequate ventilation to prevent food odors from encroaching on the residential area Although the Planning Commission discussed this concern, it was not fully resolved. In the event food odors encroach on the neighborhood and become a problem for nearby residents, the issue could negatively effect property values or dissuade a potential buyer from purchasing a home near the restaurant. To address this issue, we request that the City formally require the Pilrains to work with the HOA (in the event of a problem) until the issue is fully resolved. 3. In addition to the liquor license concerns, the City should review the project to make sure signage issues are well handled from the outset. Mr. Pogge mentioned other likely conditions on a liquor license, such as a prohibition on happy hour (and other liquor- focused events), limits on marketing and promotions, etc. These were also generally well received. We remain supportive of the restriction that was originally suggested by City Staff that would prevent liquor focused advertising (i.e. 2 for 1 drink specials, happy hour, etc.) and outdoor amplified music. We request that the City Council also support these restrictions. The board of directors of the Liberty on the Lake Master Association has also approved initial support of the proposed restaurant, assuming the conditions mentioned above are put in place not only for the current applicants, but also for all future applicants. On behalf of the Liberty neighborhood, we encourage the Planning Commission and the City Council to approve the proposed restaurant and its liquor license request, subject to all of the reasonable conditions outlined above. Case No. 2010 -37 The issues: 1. Closing time • Home Owner's Association (HOA) would like to see 10 PM as the latest closing time on any day of the week. • Draft ordinance says 10:30 PM based upon Joint Board and Planning Commission actions. • Restaurant owners would prefer 10:30 PM on Fri and Sat nights, but could live with the 10 PM close requested by the HOA, as long as that means 10 PM is the last call for service. 2. Alcohol sales • The Planning Commission, Joint Board, and HOA are in agreement with a 60/40 food to alcohol sales ratio. This is included in the draft ordinance. 3. Parking • The Village Commercial PUD designed parking to be accommodated through a combination of on -site parking, cross easements and on- street parking in the commercial area. The proposed restaurant can meet this design goal. • The HOA worries about potential restaurant parking on residential streets. They therefore have requested that "No Restaurant Parking" signs be posted in the abutting residential areas. • "No Restaurant Parking" signs cannot be enforced in reality without upsetting the residents themselves. Running a license plate check for an owner's address doesn't identify residential guests, family members who live elsewhere, etc. And, inevitably tickets get issued to the owner's of non - restaurant associated parking. As long as residents understand that the parking restriction cannot be enforced, the signs could be installed as a deterrent. 4. Kitchen ventilation • The HOA does not want the aromas from the kitchen to make their way into the residential neighborhood. • The owners have said, and staff has verified with the County Health Department, that ventilation equipment which completely eliminates cooking aromas is prohibitively expensive for small scale restaurants such as Patriot's Tavern. In addition, the maintenance required for that kind of ventilation equipment is so demanding that it is not practical for this type of a restaurant. • The Planning Commission and Joint Board were satisfied with standard kitchen ventilation equipment for this restaurant. • The HOA would like the City to attach a condition that the restaurant owners must work with the HOA in the event of a problem, until the issue is fully resolved. Delegating city zoning authority to private parties is an action that is frowned on by state law, and staff would not recommend the HOA's requested condition of approval. 5. Alcohol marketing • The Planning Commission and HOA both stipulated that no happy hour specials or regional advertising would be allowed. • The Joint Board allowed a happy hour, but only until 6 PM. They also deleted the prohibition on regional advertising. • The owners want the option to have happy hours and regional advertising. 6. Outdoor amplified music • The Planning Commission and HOA both stipulated that there could be no live music on site, and no amplified music outside. • The Joint Board decided that live music is alright on the site as long as it is indoors and not audible outside of the building. And, the Joint Board decided that playing recorded music outside was alright. • The owners would like to be able to play recorded music outdoors. City Council DATE: September 3, 2010 CASE NO.: 2010 -37 APPLICANT: Brian & Brent Pilrain, Roman Market Inc. OWNER: Don Nelson, Liberty Property Management LLC REQUEST: A zoning text amendment to §31-325 of the Stillwater City Code to permit Restaurants with Alcohol Sales in the Village Commercial (VC) zoning district with a Special Use Permit LOCATION: 145 New England Place COMPREHENSIVE PLAN DISTRICT: NC - Neighborhood Commercial ZONING: VC - Village Commercial PC DATE: September 1, 2010 REVIEWED BY: City Attorney, Community Development Director PREPARED BY: Michel J. Pogge, City Planner BACKGROUND The property owner and applicant are seeking to develop a restaurant in the former Liberty Cafe site located at 145 New England Place which would be called Patriot's Tavern. To accomplish this they are requesting a zoning text amendment to §31 -325 of the Stillwater City Code to permit Restaurants with Alcohol Sales in the Village Commercial (VC) zoning district. The Planning Commission reviewed the Zoning Text Amendment and recommended City Council approval. Additionally the Planning Commission approved a Special Use Permit for the restaurant subject to Council approval of the Zoning Text Amendment. The Joint Planning Board reviewed the Zoning Text Amendment and recommended City Council approval with minor changes. Additionally the Joint Planning Board made no comments on the proposed Special Use Permit. 145 New England Place Zoning Text Amendment and Special Use Permit Request Page 2 of 5 DISCUSSION On -sale alcoholic beverages within the Liberty Village Commercial area have been a long discussed topic dating back to 1996 when the VC zoning district was first created. At that time the language "Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages" was included against the initial wishes of the developer who wanted the ability to allow a family restaurant that served alcoholic beverages. The file /record is not very clear why the City included this restriction at the time. Later in April of 2003, the City was limited in the number of full liquor licenses it could issue within the City. At that time the City Council "reserved" a license for use in the Liberty Commercial area; however, no liquor license was ever issued and the zoning code was never amended to permit alcoholic sales in the VC district. In April of 2005, the City approved a special use permit for 145 New England Place for a "1,600 square foot coffee and ice cream shop" called Liberty Cafe. Liberty Cafe recently moved out of 145 New England Place making it available for the applicant to locate a full service restaurant into the space. Additionally, plans call for an outside freezer /cooler unit and a patio area in the northwest corner of the site. For a full restaurant with on -sale alcohol, the applicant will need the following approvals from the City before the project can proceed: 1) A zoning text amendment that allows a restaurant with on -sale alcoholic beverages Reviewers: Planning Commission, Joint Board, and City Council Status Council Public Hearing on September 7 2) Special Use Pell lit to allow the restaurant Reviewers: Planning Commission [Joint Board — Review and Comment Only] Status: Approved 3) Design review of the exterior changes and signage Reviewers: Heritage Preservation Commission Status: On the September 9rh HPC agenda 4) A liquor license Reviewers: City Council Status: On the Council agenda for September 7th 145 New England Place Zoning Text Amendment and Special Use Permit Request Page 3 of 5 EVALUATION OF REQUEST The purpose of the VC Zoning District is to provide "a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood ". A restaurant that serves the surrounding residential area has been long sought. As noted above, discussions for a family style restaurant started back in 2003 when the City "reserved" a liquor license for the development. The key is what restrictions should be put in place on a restaurant in the VC zoning district to ensure that it will be geared primarily toward the surrounding residential neighborhood versus becoming a regional draw. Based on experience and complaints the City has received from other areas in the community, the following restrictions seem prudent: Gross receipts are at least 60% attributable to the sale of food. No live entertainment is permitted on the site that can be heard outside the building. No live amplified outdoor entertainment is permitted. Hours of operation shall be limited to 6:00 AM to 10:00 PM Sunday through Thursday and 6:00 AM to 10:30 PM Friday & Saturday. The closing time in the preceding sentence shall mean the latest last call for service shall occur. No happy hour specials shall occur past 6:00 PM. The attached ordinance includes the above restrictions for restaurants within the VC zoning district. In discussions between Staff and residents within Liberty, some concerns have been raised about the percentage of alcohol sales in the restaurant. MN Statute 340A.404 Subd.5 (b) provides that a restaurant can obtain a license to sell liquor when their gross receipts are at least 60% attributable to food sales. The City could be more restrictive in the zoning code; however, it opens up two issues. First, the state annually audits businesses to ensure that at least 60% is attributable to the sale of food. If the City were more restrictive in the zoning code then the City would be required to conduct these audits. Due to the cost and time involved it would be unrealistic for the City to conducted audits on any regular basis. Second, if the state has set the standard at 60% then what basis /standard is there for the City to be more restrictive? How is 70% more safe then 60 %? Staff believes if we are going to allow liquor sales at all, then it would be prudent to be consistent with State Statute. ALTERNATIVES The City Council has the following options: 1) Approve the requested Zoning Text Amendment. 2) Deny the requested Zoning Text Amendment. 3) Table the request for more information. 145 New England Place Zoning Text Amendment and Special Use Permit Request Page 4 of 5 ACTION BY THE PLANNING COMMISSION The Stillwater Planning Commission reviewed the Special Use Permit and Zoning Text Amendment request at their August 9, 2010 meeting. The Commission specifically discussed impacts on parking and potential smells from the restaurant as part of the Special Use Permit. The Commission talked about smells from the restaurant specifically. The Commission discussed the fact that there are a number of restaurants (especially in the downtown area) that are closer to residential homes and smells from the cooking process have not been an issue in the past. In some cases, these residential uses are within the same building as restaurants. Finally, the Commission noted that the ventilation will exit the building on the north side of the building which is opposite of the residential area which will help disperse any food smells before reaching the residential area. The Commission elected not to require any additional ventilation system. The Commission did discuss concerns from the neighbors within the residential area related to the number of parking spaces and potential parking demands from the new restaurant use. Since the site provides the required number of parking spaces, the Commission was comfortable with the proposal. The Commission did condition the SUP to require additional parking if and when the outdoor patio was developed. The Commission unanimously recommended that the City Council approve the Zoning Text Amendment and unanimously approved the SUP with the following conditions: 1. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission or Heritage Preservation Commission for review and approval. 2. The conditions set out for restaurants in the VC Zoning District shall be followed. 3. Plans will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 4. Prior to opening the outdoor patio, five additional off - street parking spaces shall be developed to cover the additional parking demand. Plans shall be submitted and approved by the City Planner prior to opening the patio or installing the new parking spaces. 5. Subject to City Council approval of a Zoning Text Amendment to permit restaurants with liquor sales in the VC Zoning District. 145 New England Place Zoning Text Amendment and Special Use Permit Request Page 5 of 5 ACTION BY THE JOINT PLANNING BOARD The City of Stillwater /Stillwater Township Joint Planning Board reviewed the Special Use Permit and Zoning Text Amendment request at their September 1, 2010 meeting. The Board recommended changes to the conditions for restaurants in the VC Zoning District from what was reviewed and recommended by the City Planning Commission. The following shows the changes unanimously recommended by the Joint Planning Board. Gross receipts are at least 60% attributable to the sale of food. No live entertainment is permitted on the site: that can be heard outside the building. No live amplified outdoor entertainment is permitted. Hours of operation shall be limited to 6:00 AM to 10:00 PM Sunday through Thursday and 6:00 AM to 10:30 PM Friday & Saturday. The closing time in the preceding sentence shall mean the latest last call for service shall occur. No happy hour specials shall occur past 6:00 PM. The ordinance in the packet reflects the changes recommended by the Joint Planning Board. The Board also has the ability to review and comment on the Special Use Permit. They made no comments on the Special Use Permit approved by the Planning Commission. RECOMMENDATIONS City Staff recommends approval of the first reading of the Zoning Text Amendment as presented. 3 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "RESTAURANTS" IN THE VILLAGE COMMERCIAL ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that neighborhood oriented restaurants under certain circumstances fit compatibly with other allowed uses in the VC, Village Commercial Zoning District. Consequently, such use shall be allowed with a Special Use Permit if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31 -207. 2. Amending. City Code Chapter 31, Section 31 -325 is amended by replacing the Restaurants section of the use table with the following: Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive -in establishments. 17 Gross receipts are at least 60% attributable to the sale of food. No live entertainment is permitted on the site that can be heard outside the building. No live amplified outdoor entertainment is permitted. Hours of operation shall be limited to 6:00 AM to 10:00 PM Sunday through Thursday and 6:00 AM to 10:30 PM Friday & Saturday. The closing time in the preceding sentence shall mean the latest last call for service shall occur. No happy hour specials shall occur past 6:00 PM. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 21st day of September, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CA CBD VC BP -C BP -0 BP -I CRD PA PWFD Restaurants 3 P SUP SUP 17 P SUP 3 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "RESTAURANTS" IN THE VILLAGE COMMERCIAL ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that neighborhood oriented restaurants under certain circumstances fit compatibly with other allowed uses in the VC, Village Commercial Zoning District. Consequently, such use shall be allowed with a Special Use Permit if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31 -207. 2. Amending. City Code Chapter 31, Section 31 -325 is amended by replacing the Restaurants section of the use table with the following: Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive -in establishments. 17 Gross receipts are at least 60% attributable to the sale of food. No live entertainment is permitted on the site that can be heard outside the building. No live amplified outdoor entertainment is permitted. Hours of operation shall be limited to 6:00 AM to 10:00 PM Sunday through Thursday and 6:00 AM to 10:30 PM Friday & Saturday. The closing time in the preceding sentence shall mean the latest last call for service shall occur. No happy hour specials shall occur past 6:00 PM. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 21st day of September, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Roman Market Inc. PO Box 625 460 Stillwater Road Willernie, MN 55090 651- 653 -4733 re: Patriot's Tavern family restaurant & bar zoning text amendment Dear Sir/Maddam, We are requesting a zoning text amendment for Liberty Village to allow a restaurant and the sale of alcoholic beverages. The property at 145 New England Place is currently zoned VC- Village Commercial and currently only allows, "Tea Rooms, Deli, Coffee Shops and Soda Fountains." In April of 2003 the Stillwater City Council reserved a liquor license for use in the Liberty commercial area but the area was unable to attract a restaurant and a license was never issued and the zoning code was never amended to permit a restaurant or on -sale liquor sales. We currently own and operate "Roma Restaurant, Bar & Market at 460 Stillwater Road in Willernie, MN and would like to propose a restaurant/bar in Liberty Village called, "Patriot's Tavern." It is a family restaurant open for lunch and dinner with 80% food sales and 20% beverage sales. We are proposing an English, colonial -style restaurant with burgers, pizzas, seafood, salads, and sandwiches similar to our exisiting Roma restaurant but different in theme. We are not open late for bar business and do not attract a bar crowd. Our proposed name, "Patriot's Tavern" reflects early colonial America in the context of a meeting place to consume food and drink. Traditionally a "tavern" was an upgrade to the local "pub" or public house which primarily served drink and a poor selection of food whereas the "tavern" was a meeting place for trade and commerce, higher -end foods and drink, and often served as the local courtroom and hotel for dignitaries and local politicians. We wish to recreate the environment of this early American treasure in conjunction with the patriotic colonial theme of Liberty Village! Please see the attached business plan for further details on the proposed project. Sincerely, Brian Pilrain Vice President Roman Market Inc. 651 -271 -3931 PATRIOTS TAVERN 3ami[y 'Restaurant Brian Pilrain Brent Pilrain Roman Market Inc. 460 Stillwater Road, P.O. Box 625 Willernie, MN 55090 651- 472 -5615 Executive Summary page 1 The Company page 3 Market Evaluation page 4 Patriot's Tavern Menu page 5 Operating Expenses page 7 Roma Sales Chart page 8 Start-up Estimate page 9 Contents Executive Summary Imagine walking into the year 1779 and seeing the colors of Red, White and Blue as the imperial emblems of a rich colonial empire adorn the walls of a delicious food tavern. Patriot's Tavern family restaurant and bar is the celebration of our nations early history serving the community with premium food products and decorations inspired by our English, Italian, French and German heritage. We purchase food items from local wholesalers and sell it directly to consumers. Consumers in our target area currently have no full - service restaurant. We would remedy this by installing a restaurant and bar selling 80% food, 20% alcoholic beverages with a full - service staff where consumers can communicate their needs directly to our culinary team and waitstaff and be given the correct information and recommendations for their food items. Our Certified Food Managers are trained in all areas of meat procurement and processing, food safety and sanitation, as well as food preparation and culinary technique. Owner Brian Pilrain, a specialist in computers and business administration has a total of fifteen years of experience in the industry and recently, the most current five years have been spent managing Roma Restaurant in Willernie, MN. Owner Brent Pilrain, a Certified Chef, also has a total of fifteen years of experience in the industry with the majority of that time spent in kitchen management. Brent has also been awarded First Place, "Chef Par Excellence" by the Minnesota Pork Association in 2004 after competing against fourteen of Minnesota's most recognized Chefs and is currently the Executive Chef at Roma. Each owner's individual success in the industry combined with the target area's demographics equal the sum for a successful business. Our target customer base is made up of Stillwater people who enjoy dining in a casual environment while being served an upscale menu that is exciting for adults and friendly for kids. Our pricing is on the higher end for food and beverages which discourages troublesome patrons as well as socially disruptive groups and loitering teenagers. We are able to communicate with all of these customers in person, by phone, or through the Internet to have their needs met and any information that they require about our products and services readily available. Products that we would offer include an exciting menu full of East coast fare as well as traditional English and European dishes. We are also a licensed caterer in Minnesota and offer services for business luncheons, family gatherings, company meetings, and holiday parties. Page 1 Patriots Tavern will be located at 145 New England Place, Stillwater, MN. We will purchase most of our food items from U.S. Food Service, and Merrill Foods. Miscellaneous items will be purchased from various vendors. Our hours of operation will be Sunday through Thursday, 11:00am to 9:OOpm and Saturday /Sunday, 11:00 am to 10:OOpm. Our staff will consist of two full -time Certified Food Managers /Chefs, nine part-time cooks and kitchen help along with 7 part-time waitstaff including 3 managers. Critical tasks such as training, ordering, bookkeeping, and scheduling will be handled by managers. Advertising will consist of building signs, print advertisements, and a website featuring weekly and seasonal specials. Our nearest competition is a local favorite serving traditional German cuisine and our own Roma restaurant which serves mainly Italian fare. Both are more complimentary rather than competitive since variety for locals is a benefit. We hope to encourage locals to continue to patronize local business as well as draw people from other Stillwater neighborhoods to our community there at Liberty Village. Our customers see our business as a unique and fun idea that promotes creativity and special family time. Customers also see our restaurant as a place where their concerns and questions are welcomed with open minds and their purchases will be guided and well -made. They also see our smaller restaurant size and know that they will be treated as friends. Most importantly, customers will enjoy the decorative flavor of our old -world English colonial empire theme which is very unique and fun. Page 2 The Company Roman Market Inc. is owned and operated by brothers Brent and Brian Pilrain. We were born and raised in Stillwater, MN as well as graduates of Stillwater Area High School and are both current residents of this fine city. We currently own and manage "Roma Restaurant, Bar and Market" just 5 minutes West of Stillwater in Willernie, MN. We offer our community a chance to taste some delightful creations inspired by our theme and presented by 2004 Minnesota State Champion Chef Brent Pilrain. Our family restaurant seats 75 people and is a friendly place for business luncheons, families with children, and people who are looking for a casual environment with an upscale menu. Our strategy is to continue the traditional full - service style restaurant and incorporate a more specific theme based on the desires of the local community. The current goal for Roman Market Inc. is to create a colonial "New England - style" restaurant in Liberty Village called the, "Patriot's Tavern Family Restaurant" to capture a significant amount of the local market share and increase the cash flow of our business as well as employ local staff thus creating jobs. To achieve this goal we have allotted a certain amount of cash reserve for advertising and to maximize repeat business from our customers we have an email club in place where we can communicate with our existing customers regularly through newsletters, e- flyers, and other online promotions. Our business is one of specialty service and we intend to fully implement our skills as listeners as well as salesmen. Customers will be able to submit suggestions and ideas easily with our online form or in person. We look forward to creating personal relationships with ow customers and their families so as to mold Patriot's Tavern into a pleasant neighborhood gathering place. Other goals include creating a stronger sense of community through our services offering patrons a place where they can buy food items rich in European heritage, showcase cultural and traditional recipes, and give the beautiful Liberty Village business district a strong partner to increase local commerce. Roman Market Inc. is an S- Corporation and has granted the titles of "C.E.O." and "President" to Owner Brent Pilrain. Titles of "C.F.O." and "Vice President" have been granted to owner Brian Pilrain. Both owners serve as the company's Directors and hold equal shares of company stock. Company meetings are held on Wednesday morning of every week at our corporate headquarters at 460 Stillwater Road. Page 3 Market Evaluation The following market evaluation is based on the 2009 Demographic Detail Comparison Report compiled by Welsh Companies. Total population within a three -mile radius of our proposed site is 22,931 of which the vast majority of our target demographic resides. The average household income of this population is $97,341 with over 65% of households possessing two or more vehicles which is sufficient evidence to suggest a modest amount of surplus income. According to the Forbes.com article on 7/19/06 titled, "How Americans Make and Spend Their Money" 13.3% of household income is spent on food, and 42% of that is spent at restaurants. Using the statistics from the article we can deduct that households in our three mile radius spend approximately $5437 per year at restaurants which suggests a total market value of approximately $50 million dollars considering 9316 households. Our conservative business goal is to capture 2% of the market share at $1,000,000 annually within our first two years and our cap is at approximately 2.5% or $1,250,000 at full volume. In comparison, our other restaurant, "Roma" is in ifs third year of business and is at $1,176,500 in annual revenue with approximately the same amount of seating. Page 4 Dipping sauces: - Avacado ranch - Bleu cheese - Balsamic mayo - Peanut satay PATRIOTS TAVERN Bill of Fare Starters — White Cheddar & Onion Dip — served with brioche. — Maryland Crab Cakes — with gunpowder remoulade and frisee. — Patriot Pommes Frites — Belgian fries. Choose from our sauce menu. — Glazed Chicken Wings — BBQ, papaya - habenero, rum- buttered, or buffalo. — Oysters Rockefeller — bacon, onion, spinach, gruyere, and hollandaise. — Conch Fritters — choose from our sauce menu. — Spinach & Crab Dip — served with herb flatbread. — Buttermilk Onion Rings — Your choice of sauces. - Horseraddish sauce - Truffle mayo - Cranberry mustard - Thai chili aioli - Wasabi Mayo - Papaya habenero - Lemon dill mayo - Cheddar cheese - Dijon mustard - Gunpowder aioli - Roasted tomato mayo - Barbecue - Red curry ketchup - Honey mustard - Frite Sauce Soup & Salad — New England Clam Chowder or Tavern Daily Specialty. — Classic Cobb Salad — chicken, bacon, chopped egg, tomato, avacado, and bleu cheese dressing. — Butter Poached Lobster Salad — bibb lettuce, fresh peas, tomatoes, and champange dressing. — Captain's Iceberg Salad — iceberg wedge, tomatoes, cucumber, parmesan - peppercorn dressing. — Strawberry Spinach Salad — with kiwi, candied almonds, chevre, and raspberry vinaigrette. — Green Apple Salad — cheddar, maple glazed hazelnuts, micro greens, and Frangellico dressing. Burgers & Sandwiches — Patriot Burger — applewood smoked bacon, cheddar, greens, tomato, red onion, and mayo. — Haystack Burger — fried onion, peppers, crispy hash, fried egg, and aioli. — Firecracker Burger — cajun season, jalepeno bacon, pepperjack, habenero aioli, rocket greens. — Spanish Burger — southwest seasoning, avacado, tomato, cheve, and cilantro -mayo. — Paris Burger — smoked portobello, creamy brie, greens and aioli. — Fungi Burger — cave aged bleu, carmelized onion, wild shrooms, greens and balsamic mayo. — Ale Potted Beef on grilled ciabatta with English cheddar and aioli. — Maine Style Lobster Roll — butter grilled roll with scallion, celery, and creamy mayo. — Classic Reuben — corned beef, kraut, swiss, 1000 island dressing, on pumpernickle bun. — Tavern Steak Melt — grilled filet mignon, carmelized onion, smoked shroom,s and provolone. — Colonial Turkey Melt — ovengold turkey, grilled sourdough, basil, brie, and cranberry sauce. — Beer Battered Cod — a gormet bun with lettuce, tomato, cheddar, and lemon -dill mayo. — Oyster Po' Boy — fried oysters, crispy andouille, lettuce, tomato, and gunpowder remoulade. Pizzas — Margherita — virgin olive oil, garlic, fresh tomato, marinara, fresh mozzarella, and basil. — Tartufo — garlic - cream, cheese, fried potatoes, mushrooms, scallions, truffle oil, and balsamic. — Rocket BLT — four cheese, marinara, jalepeno bacon, teardrop tomatoes, garlic, and arugula. — Italian Combo - sausage, pepperoni, onion, green pepper, green olive, and mushroom. — French Quarter — andouille sausage, cajun shrimp, tomato, corn, bell pepper and onion. — White Clam Pie — garlic cream, bacon, four cheese, clams, and fried potatoes. — BBQ Chicken — with tomato, smoked mozzarella, bacon, red onion, and fresh cilantro. Fig & Bleu — olive oil, and four cheese. Finished with procuitto, balsamic, and fig molasses. — Chicken Florentine — alfredo, four cheese, roasted red pepper, and spinach. — Plain Jane — marinara and four cheese. (add what you like) Entrees — Liberty Ribs — slow cooked and wood - fired. Smothered in our house sauce. — Rum Buttered Chicken — spit roasted over our wood -fired grill. — Ale Potted Beef Skillet — peas, bacon, carrot, pearl onion, rich gravy, and mashed potatoes. — Charbroiled Lobster — served on frisee with fresh herbs, and lemon -sherry butter. — Maple Bourbon Pork Chop — with blackstrap molasses, and mustard jus. — Reveres Ribeye — bone -in ribeye with pearl onion, mushroom, and brandy - peppercorn demi. — Jumbo Shrimp — hand breaded and fried with gunpowder remoulade. — Scallops Newberg — jumbo breaded scallops over linguini with lobster - sherry cream. — Prawns & Polenta — firecracker glazed and grilled. Served over creamy polenta with garlic jus. — Linguini & Clams — served in a white wine- garlic cream. — Filet Oscar — charbroiled with sweet crab, asparagus, and hollandaise. — Grilled Salmon — on lemon scented greens topped with cranberry- mustard and breadcrumbs. Sides — Boston Baked Beans — with Vermont maple and smoked bacon — Colonial Cornbread — served with spiced honey -butter — Fresh Peas — with lardons and pearl onion. — Carolina Slaw — sweet and sour based dressing. — Buttermilk Biscuits — served with soft butter. — Roasted Corn Saute' — honey and cajun spices. — Garlic Mashed Potatoes — finished with cream and butter. Dessert — Boston Cream Pie — topped with whipped cream and chocolate curls. — Decadent Brownie Tower — brownie bites, vanilla ice cream, whipped cream, and cherry. — Pecan Pie — with carmel sauce and bourbon - cinnamon whipped cream. — Strawberry Shortcake — fresh berries, strawberry sauce, shortcake, and whipped cream. — Peach Cobbler — brown sugar -oat crumble, whipped cream, and vermont maple. Total SG & A Estimated Revenue Estimated Profit Patriots Tavern SG &A Rent Payroll Officer Salary MN Unemployment Insurance Fed Unemployment Ins Patriot Investment Loan Health Dept. Food License Trash & Recycling Accounting Service Liquor License Health Ins Premiums Business Liability + Liquor Insurance Rug & Towel Service Dishwashing Machine Rental Water Worker's Comp Electric/Gas Wood Tap Cleaning Shamrock rental Telephones Credit Card Merchant Services Internet/Cable Google Search Marketing Office Supplies/Menus Advertising Campaigner Email Marketing Hood Cleaning Refrigeration Maintenance Fire /Plumbing Maintenance Cost of Goods Sold Operating Expenses Yearly Monthly Weekly $ 34,800.00 $ 2,900.00 $ 669.23 Staff Labor $ 272,160.00 $ 22,680.00 $ 5,670.00 27.00% $ 70,000.00 $ 5,833.33 $ 1,458.33 $ 1,600.00 $ 133.33 $ 33.33 Annual Payroll $ 1,700.00 $ 141.67 $ 35.42 $342,160.00 $ 36, 000.00 $ 3,000.00 $ 750.00 $ 600.00 $ 50.00 $ 12.50 $ 3,336.00 $ 278.00 $ 64.15 $ 2,000.00 $ 166.67 $ 38.46 $ 3,900.00 $ 325.00 $ 75.00 $ 6,000.00 $ 500.00 $ 115.38 $ 3,941.00 $ 328.42 $ 75.79 $ 4,800.00 $ 400.00 $ 92.31 $ 1,164.00 $ 97.00 $ 22.38 $ 800.00 $ 66.67 $ 15.38 $ 1,200.00 $ 100.00 $ 23.08 $ 14,400.00 $ 1,200.00 $ 276.92 $ 3,600.00 $ 300.00 $ 69.23 $ 360.00 $ 30.00 $ 6.92 $ 420.00 $ 35.00 $ 4.00 $ 1,284.00 $ 107.00 $ 24.69 $ 16, 000.00 $ 1,333.33 $ 307.69 $ 1,571.00 $ 130.92 $ 30.21 $ 85.00 $ 7.08 $ 1.63 $ 3,000.00 $ 250.00 $ 57.69 $ 1,000.00 $ 83.33 $ 19.23 $ 600.00 $ 50.00 $ 11.54 $ 800.00 $ 66.67 $ 15.38 Twice Annually $ 1,000.00 $ 83.33 $ 19.23 $ 600.00 $ 50.00 $ 11.54 $ 423,360.00 $ 35,280.00 $ 8,141.54 $ 912,081.00 $ 1,008,000.00 $ 76,006.75 $ 17,540.02 $ 84, 000.00 $ 19, 384.62 rt Bi- weekly Payroll $14,256.67 Jan Feb Mar April May June July Aug Sept Oct Nov Dec 120000 110000 100000 90000 80000 70000 60000 50000 40000 30000 20000 10000 RomanMarket Inc. 2006 $0 $0 $0 $21,316 $37,138 $36,761 $35,309 $35,207 $30,007 $26,626 $24,566 $35,134 $282,064 2007 $19,665 $21,799 $29,550 $31,910 $45, 372 $38,039 $37,297 $42,034 $34, 597 $28, 983 $33,057 $37,236 $399,539 ROMA Sales 2008 $26,848 $38,462 $61,063 $107,391 $93,831 $92,863 $88,171 $81,023 $87,631 $78,040 $89,006 $933,120 2009 2010 $74,491 $85,317 $80,444 $82,493 $90,685 $96,252 $94,956 $98,205 $106,962 $107,652 $94,536 $110,805 $93,350 $97,200 $91,795 $97,545 $87,367 $103,334 $1,112,665 29% Growth 57% Growth 16% Growth Sales Roman Market Page 1 Column B Column C 0 Column D 0 Column E . Column F Patriot's Tavern Opening Expense List: Woodfire Oven $7,000 parts & labor Slicer Purchased Grill $3,000 Flat Top /Range /Ovens $4,000 Fryers $2,000 Wind Oven Purchased Hood /Make up Air $30,000 parts & install Walk -in Cooler/freezer $12,000 parts,labor, & compressors Shelving $3,000 Keg Cooler $1,200 Ice bin /cold plate $400 Ice bin /cold plate $1,000 Booths $4,000 Fixtures /Decor $2,000 Awnings $1,200 Signs $1,000 Bar Top & labor $3,000 Back bar/Wine rack $3,000 Insurance Downpayment $800 work comp, liability, liquor Liquor License $3,600 Sunday on -sale $300 Buyers Card $20 Health Dept Plan Review $600 Wine cooler $400 Beer Bottle cooler $400 Microwave $300 Grill Prep cooler 6' $1,000 Pizza Prep cooler 6' $1,000 Hot Line with Heat Lamps $1,000 Ice Machine $2,000 Prep table /cooler 8' $1,700 Triple Sink $600 Hand Sinks $200 Vegetble Prep Sink $600 With spray nosel Dump Sink (Bar) $300 Dining Tables & Chairs $1,000 Hi Top Tables & Chairs $1,000 Shutters $1,000 Blinds $500 Window Boxes $200 Restroom changing table $500 Server station cart $200 Hutch for breezeway $1,000 Undercounter Dishwasher $1,000 Ecolab Dishwasher $0 Contract lease POS System Deposit $1,500 Contract lease Suzie Anderson Painting $500 Smallwares and misc. $8,000 Security Deposit $4,775 First Month's Rent $2,900 Inventory $10,000 Operating Account $15,000 $141,695 ADDED EIDOE WATCH IDOETTEE DORMERS ��' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ; "'. 111 MS TIIG REFUSE HORN ELEVATION A TD CONCEAL EwWNT TOUR MERT O 5T ELEVATION A 1 11 FENCED NECIW.GY. p F1/ED .Tort 1 EJ..TE* EUILDEaa TAVERN FENCED COOLER DOOM EUILDW. 39' -9 3/4' FENCED COOLER n SQUARE FOOTAGE LOWER LEVEL: MAIN LEVEL: 2315 UPPER LEVEL: GARAGE: PORCH: DECK: JOB NUMBER: DATE DRAWN: 1/22/2010 DRAWN BE MG RELEASE DATE: REVISION DATE 0 O PACE 414 SHEET TITLE EII.IVATION® ADDED REFUSE / EXISTING RERNSE NORM ELEVATION B Yrd. ENCLOSED COOLER / UEST ELEVATION 5 11 FENCED PECNANNx RRED STO.E EXISTIG EMSDING DOSING BUILDING CPEN Ta COOLER PATRIOT'S TAVERN 2E-121 54 ENCLOSED COOLER � a RsiEd AMIVBIZOTEI FQ T EIGNA �E , !GD)&!• tTIC.* 2 MAACTIVE\Patriot's\Patriot's.dwg, 7/23/2010 3:40:06 PM IC I RESIDENCE OF: ROMA MARKETS' PATRIOT'S TAVERN ADDRESS: - I 145 NEW ENGLAND PLACE SUITE 100 STILLWATER MN. 55082 LOT: BLOCK: NEIGHBORHOOD: LIBERTY SQUARE FOOTAGE LOWER LEVEL: MAIN LEVEL: 2315 UPPER LEVEL: GARAGE: PORCH: DECK: JOB NUMBER: DATE DRAWN: 1/22/2010 DRAWN BY: MG RELEASE DATE: REVISION DATE PACE 415 SHEET TITLE W VATIONE ADDED REFUSE / EXISTING RERNSE NORM ELEVATION B Yrd. ENCLOSED COOLER / UEST ELEVATION 5 11 FENCED PECNANNx RRED STO.E EXISTIG EMSDING DOSING BUILDING CPEN Ta COOLER PATRIOT'S TAVERN 2E-121 54 ENCLOSED COOLER � a RsiEd AMIVBIZOTEI FQ T EIGNA �E , !GD)&!• tTIC.* 2 MAACTIVE\Patriot's\Patriot's.dwg, 7/23/2010 3:40:06 PM EQUIPMENT SCHED E Qi RESIDENCE OF: ROMA MARKETS' PATRIOTS TAVERN ADDRESS: 145 NEW ENGLAND PLACE. SUITE I00 STILLWATER MN. 55082 LOT: BLOCK: NEIGHBORHOOD: LIBERTY SQUARE FOOTAGE LOWER LEVEL: MAIN LEVEL: 2315 UPPER LEVEL: GARAGE: PORCH: DECK: JOB NUMBER: DATE DRAWN: 1/22/2010 DRAWN BY MG RELEASE DATE: REVISION DATE O COMPATtENTELITED 6 OI SPRAT STATION 0 DM MACHINE O MET STATION © PREP. SW MO PREP. TABLE 0 8MC OG PACE A2 SHEET TITLE MAN WPM.. FLOOR PLAN EQUIPMENT SCHED E Qi MIT STATOR O PIIIa COOLER © PREP. TAME OD GRILL COOLER OE PANiRT LINE O DM LAMING © NAND OW O COMPATtENTELITED 6 OI SPRAT STATION 0 DM MACHINE O MET STATION © PREP. SW MO PREP. TABLE 0 8MC OG LIKED RACK © PREP. SPACE o Ice s ® Row FIRED OVEN O P. TABLE O TILT MILLET 0 DOUBLE MEN o FRIER RANGE OWOO GRILL N ROTISSERIE O GLACE YNSLER O KEG COOLER ODROP SINK 0 RAND NW ® Bee ® RACK ® COPIP. O BEER 4 WEE COOLER ® GOLD PLATE OHINTED TOP 11 EbIMIET HOOD Q COOLER ® FREEZER 0 CD 0 CD MAACTIVE\Patriots\Patriot's.dwg, 7/23/2010 3:40:29 PM EXIST. \/ CATCH GANN CAT D M TEL 90961 ABEU'IED) EXIST. STREET LIGHT - 130.81' a•ulan \ \ \N \ \ FIR ET. FIRE Hmo EXIST. CATCH DANN e SITE PI-4N SCALE: 1:10 INFORMATION FOR THIS SITE PLAN WAS TAKEN FROM THE DEVELOPMENT PLANS PREPARED B7: UESTIWOD PROFESSIONAL MACES, IND. 1599 ANAGRAM DRIVE EDEN PRAIRIE, MN. 55344 10' 20' 30' MAACTIVE\Patriot's\Patriot's.dwg, 7/23/2010 3:40:50 PM RESIDENCE OF: ROMA MARKETS' PATRIOTS CAVERN ADDRESS: 145 NEW ENGLAND PLACE. SUITE 100 STILLWATER MN. 55087 LOT: BLOCK: NEIGHBORHOOD: LIBERTY SQUARE FOOTAGE LOWER LEVEL: MAIN LEVEL: 2315 UPPER LEVEL: GARAGE PORCH: DECK: JOB NUMBER DATE DRAWN: 1/22/2010 DRAWN BY: MG RELEASE DATE REVISION DATE PACE A2 SHEET TITLE MAIN L/NL FLOOR PLAN EXIST. \/ CATCH GANN CAT D M TEL 90961 ABEU'IED) EXIST. STREET LIGHT - 130.81' a•ulan \ \ \N \ \ FIR ET. FIRE Hmo EXIST. CATCH DANN e SITE PI-4N SCALE: 1:10 INFORMATION FOR THIS SITE PLAN WAS TAKEN FROM THE DEVELOPMENT PLANS PREPARED B7: UESTIWOD PROFESSIONAL MACES, IND. 1599 ANAGRAM DRIVE EDEN PRAIRIE, MN. 55344 10' 20' 30' MAACTIVE\Patriot's\Patriot's.dwg, 7/23/2010 3:40:50 PM Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 9/1/2010 Re: - New On -Sale and Sunday liquor license If the request by Brian Pilrain, Roman Market Inc. for zoning text amendment to the VC- Village Commercial District to allow a restaurant with alcohol sales is approved, a public hearing must be held on the liquor license application received from Brian and Brent Pilrain. They are requesting an On -sale & Sunday liquor license for Roman Market, Inc.; DBA: Patriot's Tavern located at 145 New England Place, Stillwater. Approval for the license should be contingent upon the successful 2 reading of the Ordinance for the zoning text amendment and approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: iliwater Administration If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt Resolution No. 2010 - APPROVING THE ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSE APPROVING THE ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSE WHEREAS, an application has been received for a new On -sale and Sunday liquor license from Roman Market, Inc.; DBA: Patriot's Tavern located at 145 New England Place, Stillwater and WHEREAS, a public hearing on the new liquor license was held on September 7, 2010; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of an On -Sale and Sunday Liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 7 day of September 2010. Attest: Larry D. Hansen, Acting City Clerk Ken Harycki, Mayor NA I± n su ADDRESS 101 u OU i ., aril( you. ' v C '6 i w ( Ar /V „ f \\\ NAME 13,C 24 LT 5 AL C 1 f e lf, Q.CI©t) C C /PiALW N (4 1 „ ; - 5 33fC L /J/I( `' ( L 33 3? t, n cr P G 14e trn f 1 /L/o(( 5'4 ADD►'.E S 6 gYY ` ` 4- t c,, Iv Z,4 4 '141 •d Deb Junket- Ruby Begonia's 112 North Main Street Stillwater, MN 55082 651.351.5380 Mayor Harycki and Ward Rep: Mickie Cook Stillwater, MN 55082 As the owner of a commercial establishment in the `downtown commercial district' of Stillwater, I was dismayed at the unsupportive response from our `ward rep' and Mayor regarding the music being played on the deck of the American Legion Post 48 (Gazette 8/18/10)! It is amazing how a few (5 -10 ?) well - placed complaints and the council, can bring a business to their knees. Four months out of the year playing music and the council would honestly consider requiring them to cease? Unbelievable! What happened to 'majority rule'...because, apparently all the customers that patronize the American Legion enjoy sitting on the deck, on a beautiful summer evening, listening to live music? Personally, I find it wonderful to be driving along and be able to hear live music over the `vehicle noise'. In looking at the `business district' map of Stillwater...the Legion is within that area....and has been for 65+ years, conducting business, employing people and paying large taxes for the privilege of conducting business in Stillwater. T6L0B0BSTL Ja 1unc 1 '8 c dLZ�TO 0T LZ 2n1=1 I'm sorry that some of the residents find the music an `inconvenience'. Conversely, they purchase a residence next to . one of the 5 busiest intersections in Stillwater with businesses on 3 of the 4 corners and then have the audacity to find the noise objectionable? This is tantamount to buying next to an airport and complaining about the noise from the planes. I've got to assume that most of the customers that frequent the American Legion found serving their country `inconvenient' too...but they served for the good of the majority. Especially in this depressed economic time when just about EVERY business in downtown Stillwater is trying to exist, it is appalling that we (downtown businesses) have so little support and cooperation from the locals and city council members. You want `quiet' within a business district? Keep working against the downtown businesses' every attempt to do what is necessary to stay alive...and you will definitely have a 'real quiet' downtown...there won't be one! cc: R. Gag/J. Roush/M. Polehna E'd T8L0808STL Deb Junker ua'lunr Q I r 01 80 :T0 OT LZ 2n1=1 STATE OF MINNESOTA COUNTY OF WASHINGTON In Re: Jennifer Trom 1101 4th St S Variance Request Case No. 2010 -27 CITY OF STILLWATER BEFORE THE CITY COUNCIL FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Hearing for Case No. 2010 -27 at 7:00 p.m. on August 17, 2010 at the Council Chambers in City Hall and continued the Hearing to 7:00 p.m. on September 7, 2010. The purpose of the Hearing was to consider an appeal request from Jennifer Trom ( "Applicant ") related to the Stillwater Planning Commission's decision to deny the following variance requests for the Applicant's property at 1101 4 Street South: (i) a variance to the minimum required front yard setback (20' required /18.6' requested); (ii) variance to the minimum required exterior side yard setback (20' required/5.3' requested); (iii) a variance to the minimum required rear yard setback (25' required/6.3' requested); (iv) a variance to maximum permitted building coverage on a lot (25% maximum/28.8% requested); and (v) a variance to the minimum lot size (7,500 square feet required /5,595 square feet existing). The variances were requested in order to construct an addition to the existing home. The Planning Commission held a public hearing and reviewed the variance requests at their July 12, 1010 meeting. The Commission discussed various options with the applicant including constructing a detached garage and adding living space onto the second floor of the existing home, similar to a request made by the Applicant in 2003 (Planning Case 2003 -53). The Applicant indicated that the second floor addition was not financially possible. Since the Applicant was not willing to consider alternatives to her proposal, and the Planning Commission could not find justification for the requested variances, it voted 6 -1 to deny the request (Commissioner Hansen was the dissenting vote). At the City Council Public Hearing on August 17, 2010, the City Council considered the oral report of Bill Turnblad, City Community Developer Director; testimony and exhibits submitted by the Applicant; the Staff Report dated August 12, 2010 by Michel Pogge, City Planner; Minutes of the July 12, 2010 Planning Commission meeting; a map, testimony of adjacent neighbors of the property in question, and the Planning file prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. This site is located at 1101 4 St S, Stillwater, Washington County, Minnesota. 2. The property is zoned RB (Two - Family Residential District). 3. Currently there is a single family home on the property with 1,008 square feet of living space', which is a permitted use in the RB district. 4. The property size is 5,595 square feet which makes it a nonconforming parcel since it fails to meet the minimum lot size of 7,500 square feet. 5. The home is currently situated 18.6 feet from the front property line along 4th Street South, which makes it a nonconforming structure, since it fails to meet the minimum front yard setback of 20 feet. According to on -line property information from the Washington County Assessor's office. 2 According to on -line property information from the Washington County Assessor's office. -2- 6. The home is currently situated 5.3 feet from the exterior side property line along Hancock Street, which makes it a nonconforming structure since it fails to meet the minimum exterior side yard setback of 20 feet. 7. The property owner proposed to construct a 24 foot wide by 28 foot deep garage with a second story above this garage for additional living space 8. Currently the home is situated 40.3 feet from the rear property line. With the proposed addition the home would be only 6.3 feet from the rear property line in violation of the minimum required rear yard setback of 25 feet. 9. Currently 15.2 percent of the lot is covered with building. With the proposed addition, 28.8 percent of the lot would be covered with buildings in violation of the maximum building coverage of 25 percent. 10. Given the existing single family home on the property, the Applicant already has reasonable use of the property. 11. State Statue 462.357 Subd 6 controls when Cities can grant variances 12. The desire to have an attached garage with living space above is more of a personal desire than a hardship peculiar to the property. If the existing nonconformities could be resolved, it would appear that a 24 foot by 24 foot detached garage could be added and a second floor could be added onto the existing home without the need for variances. 3 According to the applicant's site plan dated May 20, 2010. 4 According to the applicant's site plan dated May 20, 2010. s According to the applicant's plans dated May 20, 2010. 6 State Statue 462.357 Subd 6 allows Cities to only grant "variance from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality." In Krummenacher v. City of Minnetonka, the Minnesota Supreme Court held that a variance could only be granted by Cities when in the absence of a variance the property cannot be put in to any reasonable use. -3- 13. The applicant rejected the option of a detached garage and second floor addition due to increased costs of construction; however, State Statue prohibits granting a variance only on economic considerations. 14. Granting a variance that would impact the privacy of current and future adjacent property owners and would be a detriment thus materially impair the purpose and intent of the Stillwater Zoning Code and would adversely affect the Stillwater Comprehensive Plan. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. 2. That the variances as requested in the application are not in harmony with the neighborhood. 3. That based upon the findings, the requested variance fails to meet the requirements of the code, will be a detriment to adjacent property, will frustrate the purpose of the Zoning Ordinance, and violate the spirit of the guide of the Comprehensive Plan. 4. That the owner remains with reasonable use of the property. ORDER IT IS HEREBY ORDERED 1. The decision of the City Planning Commission is upheld and the variances are denied without prejudice. State Statue 462.357 Subd 6. 4 ATTEST: Adopted by unanimous vote of the City Council this 7th day of September, 2010. Diane F. Ward, Clerk CITY OF STILLWATER Ken Harycki, Mayor 5 EXHIBITS A. Planning Administration Application for dated June 18, 2010, which includes a letter from the applicant dated June 17, 2010, and plans dated May 20, 2010. B. Staff report to the Planning Commission dated July 9, 2010 written by Michel Pogge, City Planner. Also include sites maps labeled applicant's proposal and staff recommendation. C. The July 12, 2010 Planning Commission minutes. D. Letter from Jennifer Trom dated July 20, 2010 requesting an appeal of the Planning Commission decision. E. Staff report to the City Council dated August 12, 2010 written by Michel Pogge, City Planner. F. The August 17, 2010 City Council minutes. G. Planning File for Case 2010 -27. LEGAL DESCRIPTION The West 109 1/2 feet of Lot 24, Block 4, Churchill and Nelson's Second Addition to Stillwater, Washington County, Minnesota. 7 ORDINANCE NO. AN ORDINANCE REGULATING SUBSURFACE SEWAGE TREATMENT SYSTEMS IN THE CITY OF STILLWATER. THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA, ORDAINS: SECTION 1. ADOPTION OF MODEL REGULATION CODE There is hereby adopted for the purpose of regulating subsurface sewage treatment systems, the Model Code for Washington County as adopted on September 23, 2009, by the Washington County Board of Commissioners. The Model Code is hereby adopted by reference in its entirety except as hereinafter modified. SECTION 2. OFFICIAL COPY The City Clerk is directed to mark one copy of the Code that is adopted as the "Official Copy" and to maintain the official copy for examination by the public, and to furnish a copy to any person upon request. SECTION 3. EXISTING ORDINANCES The provisions of this Model Regulation Code are in addition to and not in replacement of the provisions of other Ordinances of the City that will remain in full force and effect. SECTION 4. EFFECTIVE DATE This Ordinance is hereby declared to be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2010. CITY OF STILLWATER By: Ken Harycki, Its Mayor By: Diane F. Ward, Its City Clerk Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: September 7, 2010 Re: Commission Openings Reviewed by: Larry Hansen, Dave Magnuson, Bill Turnblad This is to provide Council with an update on the various commissions. Staff has continued to advertise these openings with no success. Human Rights — 3 members short — Quorum not possible Parks Commission — 1 voting member short to replace the Council Representative — Need Ward 1 Planning Commission —1 voting member short to replace the Council Representative Downtown Parking Commission — 2 voting members short Additional Information: I water Administration David Middleton has resigned & Mike Dahlquist has given his notice that he will be unable to continue after May 1, 2011. This will leave three vacancies on the Planning Commission by May 1, 2011. Additionally the terms for two other seats on the commission will expire on May 1st Staff is suggesting that this may be the appropriate time to reduce the number of commission members from 9 to 7. This is the size of most of our other commissions. Staff will continue to advertise for the Parks, Downtown Parking. Commission and Human Rights Commission: Note: There is a Minnesota Department of Human Rights that enforce Minnesota's anti- discrimination laws. ACTION REQUIRED: Discussion on the Human Rights Commission. REVISED: 9/7/10 Discussion on the Planning Commission proposed change is commission member size. Should Council agree with the recommendation on reducing the Planning Commission member size, they should pass a motion having the 1s reading on the attached ordinance, with the second reading to be held on September 21. AN ORDINANCE AMENDING CHAPTER 22, CITY ADMINISTRATION, SECTION 22 -5, PLANNING COMMISSION OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: 1. AMENDING. Sec. 22 -5. Planning commission, Subd. 2 to read as follows: Members and terms. The planning commission shall consist of seven (7) members, all of whom shall be appointed by the city council. Members shall be appointed for terms of three years. Appointees shall hold their offices until their successors are appointed and qualified. Vacancies during a term shall be filled by the city council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of their duties, take an oath that they will faithfully discharge the duties of their office. All members shall be residents of the city and shall serve without compensation. 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 3. EFFECTIVE DATE. This Ordinance shall be. effective December 31, 2010 after its passage and publication according to law." Approved this 21 day of Septer ORDINANCE 1019 tier, 2010. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk Memorandum Sfl 1 iwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 9/1/2010 Re: Commission Openings Reviewed by: Larry Hansen, Dave Magnuson, Bill Turnblad This is to provide Council with an update on the various commissions. Staff has continued to advertise these openings with no success. Human Rights — 3 members short — Quorum not possible Parks Commission — 1 voting member short to replace the Council Representative — Need Ward 1 Planning Commission — 1 voting member short to replace the Council Representative Downtown Parking Commission —1 voting member short Additional Information: David Middleton has resigned & Mike Dahlquist has given his notice that he will be unable to continue after May 1, 2011. This will leave three vacancies on the Planning Commission by May 1, 2011. Additionally the terms for two other seats on the commission will expire on May 1St Staff is suggesting that this may be the appropriate time to reduce the number of commission members from 9 to 7. This is the size of most of our other commissions. Staff will continue to advertise for the Parks, Downtown Parking. Commission and Human Rights Commission. Note: There is a Minnesota Department of Human Rights that enforce Minnesota's anti - discrimination laws. ACTION REQUIRED: Discussion on the Human Rights Commission. Discussion on the Planning Commission proposed change is commission member size. Should Council agree with the recommendation on reducing the Planning Commission member size, they should pass a motion having the 1 reading on the attached ordinance, with the second reading to be held on September 21. ORDINANCE 1019 AN ORDINANCE AMENDING CHAPTER 22, CITY ADMINISTRATION, SECTION 22 -5, PLANNING COMMISSION OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: 1. AMENDING. Sec. 22 -5. Planning commission, Subd. 2 to read as follows: Members and terms. The planning commission shall consist of seven (7) members, all of whom shall be appointed by the city council. Members shall be appointed for terms of three years. Appointees shall hold their offices until their successors are appointed and qualified. Vacancies during a term shall be filled by the city council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of their duties, take an oath that they will faithfully discharge the duties of their office. All members shall be residents of the city and shall serve without compensation. 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law." Approved this 21 day of September, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Members Ann McLellan 2336 Eagle Ridge Trl Stillwater, MN 55082 Ronald Nelson 509 Broadway St S Stillwater, MN 55082 Orwin L. Carter 1029 3rd Ave S Stillwater, MN 55082 Dorothy Molstad 687 Wildwood Ln Stillwater, MN 55082 Wally Milbrandt 172 Mallard Ct Stillwater, MN 55082 Eugene "Taco" Bealka 711 Lake Dr Stillwater, MN 55082 Dwayne Nelson 822 2nd St S Stillwater, MN 55082 Kim Mertens Swanson 284 Deer Path Stillwater, MN 55082 Rev. 9/10 CHARTER COMMISSION Contact Info (w) 651- 439 -9662 (h) amclellan2 @aol.com (w) 651- 439 -2275 (h) (w) 651- 439 -8010 (h) acarter55082 @yahoo.com (w) 651- 342 -0447 (h) dendoor @aol.com (w) 651- 439 -0185 (h) milbrandt_5 @msn.com (w) 651 - 429 -4387 (h) gbealka @pressenter.com (w) 651- 439 -7490 (h) dnelson01@aol.com Terry Zoller, Chair (w) 615 Broadway S 651- 439 -5286 (h) Stillwater, MN 55082 tzoller @att.net '1 E I & N 1 H 7 .. q i; 1 . 0 . M i N N E 0' A (w) 651- 439 -5767 (h) twodeadfishondeerpath @msn.com Date Appointed 11/1/2009 Unexp term of T. Corbett 3/16/2009 Unexp term of P. Needham 2/1/2007 Re -appt 2008 5/1/2004 Re -appt 2008 2/23/2009 Unexp term ofJ. Roush Ward Term Expires 3 5/1/2012 1 .5/1/2012 1 5/1/2012 3 5/1/2012 3 5/1/2012 3/1/2001 4 5/1/2014 Unexp term of B. Kimbrel; Re -appt 2002, 06, 10 1/21/2004 1 5/1/2014 Unexp term of C. Donnelly, Re -appt 2006, 10 10/1/2008 3 "5/2/2014 Unexp Term ofJ. Anderson, Re -appt 2010 1/16/2010 1 5/1/2012 Unexp term of R Colemier (deceased) & J. Anderson (resigned); Re- appt 2008 The Charter Commission is organized per Minnesota Statutes, Chapter 410. The purpose of the Charter Commission is to study the local charter and city government and recommend changes, when appropriate. The Charter Commission has 9 members. The members serve for a period of 4 year terms and may serve more. The Charter Commission meets the 3rd Monday of the month - 4 or more times per year. Members Sherri Hopfe Franke 425 Nelson Street Stillwater, MN 55082 Jeffrey Johnson 161 Liberty Parkway Stillwater, MN 55082 Dave Junker 3249 Millbrook Circle Stillwater, MN 55082 David Korte 3515 Pine Hollow Place Stillwater, MN 55082 Aimee Pellitier 423 Main St. S, Suite B Stillwater, MN 55082 John Gannaway 214 4th Street North Stillwater, MN 55082 David Magnuson 333 Main Street North Stillwater, MN 55082 Dennis Pasket 216 N. 4th Street Stillwater, MN 55082 Rev. 9/10 illwater P. R'R THPLA E OF MINNESQ'A DOWNTOWN PARKING COMMISSION Contact Info 651 -430 -3770 (w) 351- 730 -0898 (h) the dockcafe @yahoo.com 651- 755 -3644 (w) 657- 755 -3644 (h) davejunker @comcast.net 11/1/2008 651- 342 -0977 (w) 1/16/2010 651- 342 -1386 (w) 715- 247 -5381 (h) amee@darnknitanyway.com 651 -351 -4900 (w) 651- 439 -9464 (w) 651-351-4900 (w) 3/2/2010 1st term Date Appointed 3/2/2010 1st term 5/5/2009 Chief of Police City Attorney Parking Enforcement Officer TWO OPEN POSITIONS Ward Term Expires 5/1/2013 4 5/1/2012 3 5/1/2013 4 5/1/2013 5/1/2013 The Downtown Parking Commission is organized per Resolution No. 92 -249 and amended per Resolution No. 2008 -36 and 2009 -95. The Commission consists of 7 members; 1 member shall be a Council representative (voting member) and 6 members shall be either downtown business or property owners or residents of the City. Members serve 3 year terms with no member serving more than 3 consecutive terms. The Downtown Parking Commission is established to oversee the development and implementation of the Downtown Parking Plan. This includes planning for long -range parking lot improvements and day -to -day regulation of public parking spaces. Members John Brach 515 N. Everett Street Stillwater, MN 55082 Robert Goodman 820 Owens St N Stillwater, MN 55082 Jeff Johnson 309 5th St S Stillwater, MN 55082 Jerald (Reggie) Krakowski 1209 3rd St S Stillwater, MN 55082 Howard Lieberman 914 Greeley St S Stillwater, MN 55082 Roger Tomten 718 5th StS Stillwater, MN 55082 Scott Zahren 308 Chestnut St E Stillwater, MN 55082 Micky Cook 225 Chestnut St W Stillwater, MN 55082 Rev. 9/10 HERITAGE PRESERVATION COMMISSION Contact Info 651- 602 -7880 (w) 651 -439 -9351 (h) jcb1153 @yahoo.com H E B[11 i H P i . a . C E (i F M i ,'J N E S O' A robertornancy @yahoo.com 651- 490 -2078 (w) 651 -439 -2179 (h) jjohnson @sehinc.com 612- 685 -5881 (w) 651- 430 -0719 (h) reggiekrak @yahoo.com 651- 430 -9136 (h) hlieberman@Iieberman- nelson.com 715 -381 -8291 (w) 651- 303 -3275 (h) rogertomten @comcast.net 651- 351 -0262 (w) hopehouse9 @aol.com 651 -439 -2166 (h) mcook @ci.stillwater.mn.us i11water Date Appointed 5/1/2010 1st 1/16/2010 Unexp term of P. Eastwood 1/1/1989 6th Unexp term of T. Alliband; re -appt 90, 93, 96, 99, 02, 05, 08 1/1/2009 10/1/1991 5th full Unexp term of R. Zaworski; re -appt 93, 96, 99, 02, 05, 08 1/1/2009 Council Rep Ward Term Expires 2 5/1/2013 3 5/1/2011 1 5/1/2011 1 5/1/2012 5/1/2011 1/4/1994 1 5/1/2012 5th Re -appt 97, 00, 03, 05, 09 11/15/2005 2 5/1/2013 1st full Re -appt 07, 10 Established by Ordinance 807, amended by Ordinance 982, and organized per City Code Chapter 25. The purpose of the Heritage Preservation Commission is to safeguard the heritage of the City by working toward the preservation of historical sites and structures. The commission is composed of 7 members. All members will be appointed for 3 year terms that are staggered in order to provide continuity of policy and program. The Heritage Preservation Commission meets the 1st Monday of the month at 7:00 p.m. Members Jean Lifton 121 6th St S Stillwater, MN 55082 Jane Taves 916 Laurel St W Stillwater, MN 55082 Loretto VanGrasstek 140 Liberty Parkway Stillwater, MN 55082 Mike Polehna 1100 Northland Ave Stillwater, MN 55082 Rev. 9/10 11! iwater THE B ! H r N P i . A E O E M i N N E S O A HUMAN RIGHTS COMMISSION Contact Info 651 -439 -6445 (h) 651- 697 -5678 (w) 612 - 408 -0624 (h) jane.taves @mckesson.com 651 -430 -1799 (h) svangrasstek @yahoo.com 651 -439 -8952 (h) FOUR OPEN POSITIONS Date Appointed Ward Term Expires 8/7/2007 2 5/11/2011 1st full Re -appt 2007/12 1/18/2005 3 5/1/2012 3rd Re -appt 07, 09 5/1/2010 4 5/1/2013 1st 12/20/2005 NonVoting Council Rep Re -appt 07, 09 Established by Ordinance 807, amended by Ordinance 982, and organized per City Code Chapter 25. The purpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by law and in other related concerns. The commission is composed of 7 members. All members will be appointed for 2 year terms that are staggered in order to provide continuity of policy and program. The Human Rights Commission meets the last Wednesday of the month. Members Tim Press 2276 Orwell Ct Stillwater, MN 55082 Jim Roush 1016 Eagle Ridge Ct Stillwater, MN 55082 John Rheinberger 818 Olive St W Stillwater, MN 55082 Rev. 9/10 '!ill B!P THP A.::E i7• MiNNE8OTA JOINT CABLE COMMISSION Contact Info 847 - 274 -7472 (w) 651- 351 -7218 (h) tpress2 @comcast.net illwater Date Appointed Ward Term Expires 3/16/2010 2 1/1/2012 1st Appt as Primary 1/6/2009 3 1/1/2011 Primary 1/20/2009 2 1/1/2011 Alternate, Appt 2001/01/16, 03, 09 The Joint Cable Commission was created by the Joint Powers Agreement. The purpose of the Cable Commission is to administer the cable communication franchise ordinance. There are 2 primary members and 1 altemate member from each municipality (Bayport, Oak Park Heights, and Stillwater). At least 1 primary member must be an elected official. Members serve 2 year terms. Members Contact Info Michele Cassavante 519 Holcombe St S Stillwater, MN 55082 Tom Corbett 701 Fourth St N Stillwater, MN 55082 Jane Dickinson 122 Linden St W Stillwater, MN 55082 Richard Edstrom 1013 Broadway St N Stillwater, MN 55082 Edward Gordon 610 Main St N, #303 Stillwater, MN 55082 Leslie Lindbergh Jones 1212 Linden St W Stillwater, MN 55082 Julie Sandstrom 212 Cherry StW Stillwater, MN 55082 Kathy Stark 920 Amundson Dr Stillwater, MN 55082 Ann Wolff 701 Harriet Drd Stillwater, MN 55082 Rev. 9/10 i11was THEE fliHPi.A,CE. OF MiNNESOIA LIBRARY BOARD Date Appointed 1/4/2008 1st term 6/16/2009 Unexp. term of R. Ranum 1/16/2010 2 1/1/2013 Unexp. term of Huelsmann, Re -appt 2009, 1st full term 1/1/2007 Re -appt 2009, 2nd term 1/1/2007 Re -appt 2009, 2nd term 12/1/2008 1st full term 1/18/2005 Re -appt 2008, 2nd term Ward Term Expires 1 1/1/2011 2 1/1/2011 2 1/1/2013 2 1/1/2013 2 1/1/2012 2 1/1/2011 12/1/2008 3 1/1/2012 1st term 5/15/2007 1 1/1/2012 Unexp. term of Weber, Re- appt 2008/12, 1st full term The purpose of the Library Board is to operate and maintain the Stillwater Public Library. The Library Board is organized per City Charter. Article XIV and Minnesota Statutes Chapter 134. The Library Board consists of 9 members who are appointed by the City Council. The members serve for a period of 3 years, and are limited to 3 consecutive terms. Members Linda Amrein 307 Laurel E Stillwater, MN 55082 David Brandt 1411 Paddock Cir Stillwater, MN 55082 Scott Christensen 160 Northland Ave Stillwater, MN 55082 Robert McGarry, III 1101 Broadway N Stillwater, MN 55082 Solveg (Solvay) Peterson 350 Main St N, #460 Stillwater, MN 55082 Sandy Snellman 2582 Bayberry Ave Stillwater, MN 55082 Mike Polehna 1100 Northland Ave Stillwater, MN 55082 Rev. 9/10 ili wa ter '!li E'. B!H IHA ASE O MiNNE� A vs, PARKS AND RECREATION COMMISSION Contact Info 651- 439 -7670 (w) 651- 351 -258 (h) 651- 430 -6451 (w) david .brandt @co.washington.mn.us 651- 351 -8230 (w) 651- 303 -0027 (h) christensens @stillwater.k12.mn.us 651- 439 -6345 (w) 651- 439 -2285 (h) rob @mcgarry - kearneyagency.com 651- 430 -8023 (w) 651- 275 -0219 (h) solvayclaire @yahoo.com 651 -439 -1185 (w) ssnellman @comcast.net Date Appointed Ward Term Expires 1/7/1997 2 5/1/2012 5th; Re -appt 99, 01, 03, 05, 08 1/13/2005 4 5/1/2011 2nd Re -appt 2007 9/4/2007 3 5/1/2012 1st full Unexp. term of P. Donna; Re -appt 2008 1/16/2010 2 5/1/2011 10th Re -appt 90, 92, 94, 96, 98, 00, 02, 05, 07 12/1/2007 1/16/2001 3rd Re -appt 03, 05, 08 Council Rep ONE OPEN POSITION 2 5/1/2011 3 5/1/2012 The purpose of the Park and Recreation Commission is to operate a program of recreation and to manage City parks and playgrounds. The Park and Recreation Commission is organized per City Code Chapter 48 and Ordinance No. 896 and amended by Ordinance 1008. Ordinance No. 896, adopted by Council on 5/16/00, changed membership from 11 to 7 members, current members serve to the end of their terms; 1 member is a councilmember as required by ordinance. Members serve 3 year terms with no member serving more than 3 consecutive terms. They meet the 4th Monday of the month. Members Scott Spisak 1326 2nd Ave S Stillwater, MN 55082 Charles Wolden 924 5th Ave S Stillwater, MN 55082 Aron Buchanan 411 Laurel Street W Stillwater, MN 55082 Eric Hansen 506 Mulberry Street W Stillwater, MN 55082 John Malsom 1413 Riverview Dr Stillwater, MN 55082 Mike Dahlquist 1128 Creekside Cir Stillwater, MN 55082 David Middleton 211 Northland Ave Stillwater, MN 55082 Michael Kocon 1075 Legnd Blvd Stillwater, MN 55082 Robert Gag 1340 1st St S Stillwater, MN 55082 Rev. 8/10 Contact Info 651- 214 -5728 (w) 651- 430 -1953 (h) sspisak(mac.com 651- 351 -0295 (h) jcwolden(c� pro -ns. net 651- 266 -7773 (w) 651- 439 -7305 (h) aron.buchanan(a�co.ramsey.mn.us 651 -430 -2412 (w) 651 -216 -8356 (h) eric.fscia,gmail.com 651- 338 -3119 (w) 651 -430 -1402 (h) jsmalsam c(Dyahoo.com 651- 430 -9427 (h) mchael.s.dahldquist(a@usace.army.mil 612 -701 -4070 (w) dbmiddleston(a�cbburnet.com 952- 261 -7265 (w) mikekocon(a�aol.com 612- 889 -1505 (c) Administration PLANNING COMMISSION Date Appointed 01/27/2009 Unexpired term of E. Fultz 01/2007 Replaced R. Gag; Re -appt 2007 05/01/2010 1st term 05/01/2010 1st term 12/2008 1st full ONE OPEN POSITION 01/2009 Council Rep Ward Term Expires 1 05/01/2011 1 05/01/2011 2 05/01/2013 2 05/01/2013 2 05/01/2012 09/16/2003 3 05/01/2011 Unexpired term of Hultman Re -appt 04 01/04/2000 3 05/01/2012 Replaced K. Roetman; Re -appt 03, 05, 08 12/2008 4 05/01/2012 1st term The Planning Commission acts as the City's planning agency. The Planning Commission conducts public hearings on applications for special use permits, conditional use permits, variances to the zoning ordinance, subdivision and other areas that are covered by the City's Zoning Ordinance. The commission consists of nine members. All members will be appointed for three -year terms that are staggered in order to provide continuity of policy and program. The Planning Commission meets the second Monday of the month at 7:00 p.m. Members Mark Gieseke 701 Greeley St S Stillwater, MN 55082 Jared Prom 156 Deerpath Stillwater, MN 55082 James Martin 225 Chestnut St W Stillwater, MN 55082 Brian Larson 2008 Hazel Ct Stillwater, MN 55082 Emily Maloney 3220 Maureen Ln Stillwater, MN 55082 Rev. 9/10 Water E: B R rHr A. P. OF Mi NNESQ `. A TRAFFIC COMMISSION Contact Info 651-439-0146 (h) mkgieseke @msn.com 612 - 291 -2073 (w) 651- 351 -2847 (h) jared.prom@bestbuy.com 6/2/2009 1st 1/16/2010 651- 439 -2166 (h) 1st triggershoe @comcast.net 651- 210 -9642 cell (w) 651- 351 -9476 (h) blarson @Iarsonbrenner.com 651- 430 -3255 (h) emilylmaloney @gmail.com Date Appointed Ward Term Expires 6/2/2009 1 5/1/2012 1st 6/2/2009 1st Glen Vanwormer 7/1/2010 9801 - 75th St N 651- 429 -3413 (h) Engineer Consultant Stillwater, MN 55082 3 5/1/2012 2 5/1/2012 2 5/1/2011 6/2/2009 3 5/1/2011 1st The Committee also consists of 2 members from Engineering/Public Works, 2 from Police, and 1 from the Fire Department. The Traffic Safety Review Committee is organized per Resolution 2009 -52 and amended Resolution 2009 -86. The purpose of the Traffic Safety Review Committee is to review requests for modifications to traffic control signage, pedestrian safety, and traffic calming. The Traffic Safety Review Committee currently consists of 10 members. The members serve for a period of 3 year terms with no member serving more than 3 consecutive terms. The Traffic Safety Review Committee will meet quarterly or as needed. Members Adam Nyberg 1611 2nd St N Stillwater, MN 55082 James O'Brien 509 Greeley St S Stillwater, MN 55082 Steve Speedling 3212 Summer Field Ct Stillwater, MN 55082 Rev. 9/10 Contact Info iliwate! fHiE'. B N rHPEAEE OE MINNESO!A WATER BOARD Date Appointed 1/16/2010 Unexp. term of Kimble 2/6/1996 4th Unexp. term of Weaver; Re -appt 97, 00, 03, 06, 09 7/7/2009 1st Unexp. term of Thompson Ward Term Expires 2 6/30/2013 1 6/30/2012 4 6/30/2011 The Board of Water Commissioners is organized per City Charter - Article XIII and manages and operates the city's water system. The Board consists of 3 members appointed by the City Council. The commissioners serve for a period of 3 years. Memorandum a[er A niini Ll a ion To: Mayor & City Council From: Diane Ward Date: 9/3/2010 Re: Kick off event for the Take Me to the River Festival Attached is a special event application from ArtReach for the kick -off event for the Take Me to the River Festival in Lowell Park on September 23, 2010. The event is scheduled from 5 -6 p.m. The application has been reviewed and approved by the Parks Commission. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Submittal Date: � 1(o)10 APPLICANT INFORMATION (Please Print on Application) Organization: AST ; ., c iA CZcrljo Contact Person: Address: ALL ITEMS ON THE APPLICATION MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DAYS PRIOR TO THE PROPOSED EVENT Daytime Phone Date(s) of Event: Type of Event: 21 North 4` Street Stillwater, MN 55082 telephone: 651-430-8800 Fax: 651- 430 -8809 - r E A 22.4 S tA city s s (o61 -LI39 -i y65 Description of Event: S Proposed Location of Event (be specific): If Lowell Park is used: North Lowell Park Estimated number of people to attend: APPLICATION FOR SPECIAL EVENT Email Address: Type of Organization: Non - Profd For -Profit State µA Zip . 50gZ Alternate Phone Number EVENT INFORMATION (Special Events invoMng the use of City Property may require Park Board or Parking Commission review. Events on Private Property may require Planning Commission review.) Hours of Event: )-t — 6 ?K (Special Events conducted alter 10:00 p.m. require Council approval of a variance to the noise ordinance) - p ci fi sts i rod. ?a Dts E3 - AL_ r�S i r' 11 32. 4 1 - TCAL Lo J-1- 6A PP 2c0 South Lowell Park (check which one or both) The following information is required for consideration (Check next to items pertaining to your event. If not applicable — . please .put "N/A" in the. space) Selling Alcohol - Temporary Liquor Licenses are ONLY available to non -profit organizations - $25.00 per day kl)A Permit to Consume - Consumption only of beer, wine, wine coolers, and hard liquor on public property (parks) - $35.00 fee Site Map (Required for all events) — attach to application N`A Special Signage - Describe: gr1 Approval Letter from Property Owner if on .Private Property (attach to application) AS\A Vendors will be _present at the event (SEE ATTACHED) Tents or Membrane Structures Size .Location Exiting Points Cooking Operations .Propane Deep .Fat _Frying Other Open.Flame _orB.uming Operations Describe: 4 ..A. Water Activities.(River /Lakes) .River /Lake.Name: N EMS.Needs EMT Standby _ Ambulance Standby Fire Department.Standby Fireworks Str.+eet Closure What Streets: ' Police Officer Needed (Required if alcohol is being serviced on public property and attendance is over 75 people orat the .discretion of the Potice Chief) Contact Stillwater. Police. Department. (651- 351-49.00).to.arrange for an officer. I� jik .Restrooms.(Portable — Applicant to pay for restrooms — Contact Public Works to.arrange — 275 -41.00 ‘LiveEntertainment — Describe type of Music: vSA Z hIZ� �Glfxv Aobax. vr?bt, , .Promotion/Advertisement _ . — D scribe Level .of.Promotion/Advertisement A I?'i � GN 11.)251 of Event e p)/ Appli S gnature Reviewed By: (Any concems /comments will be attached to application) City Administrator City Clerk Community Development Director Fire Chief Police Chief Public Works Director Public Works Superintendent Park & Recreation Commission Approval Required Date Approved: Planning Commission Approval Required Date Approved: FEES (if applicable) Permit to Consume ($35.00) Temporary Liquor License ($25.00/day) Event Fee ($500.00) Event Deposit ($250.00) Other Fees: TOTAL FEE FOR EVENT: )82 - Google Maps Go maps , kg 010 Googie PSuib , tn _ 11 P D Parmy's . , e Vinf...yrq ct IS • ci) s TV RIV'M Mt , 1 g. CQp cvias.tmr,4, A Ruby Begonia's . , . LatVeii ' e. 43 't.ev .-k o • 01 1.2 Ratline -... .-, *‘, Lot Vitatttt Becepiron Bnne's Restetwani, Bar \ • II Park / .. • . Sherburne . Jev;elecs Renoir 6 A r liqiK , rs \ M ad Capper ,.., %. i SaitiOn I& Emery . . . ,:. i : . 1 ''', '-, • 70: Marx Wine \ '',. ti \Kr c http://maps.google.conilmaps?N&source=s_q&h1=en&geocode=&q.. Get Google Maps on your phone Text the word "GIMPS" to 466453 tc\` C;c` Map data W010 Google co0A. 6.cov 1 VIC:N, e 8/20/2010 12:01 PM Diane Ward From: Beth Wolf Sent: Monday, August 30, 2010 9:15 AM To: Diane Ward Subject: FW: Art Reach St. Croix follow up Attachments: Festival Kickoff.pdf Thought maybe you'd like to include this email along with the attached application which has an updated map showing more information for council on 9/7. Thanks From: Jessica Pack [mailto:jessica @artreachalliance.org] Sent: Monday, August 23, 2010 1:09 PM To: Beth Wolf Subject: Art Reach St. Croix follow up Hi, Beth — below are some more details about the event. I think things have changed a bit, but I believe our volunteer coordinating the event (Tim) talked to you about most of these items. I just wanted to get it to you in writing. Thanks for the help, Beth! Jessica Pack ArtReach St. Croix 1. Drop off begins at 3:00 p.m., Event 5 -6, pick up ending at 6:30 2. Gazebo use: utilizing it for announcements before and after the mass band plays 3. Road closures /barricades: • Sam Bloomer between Chestnut and Myrtle • Sam Bloomer underwater to Mulberry • Myrtle between parking lot and Sam Bloomer 4. Buses • Drop off on Mulberry before right turn into parking lot • Buses will continue touring through the city parking lot to Myrtle, turn right and park at the Trinity lot until after the event • Buses will follow the same pattern to pick up the students 5. Staging (getting ready) at South of Mulberry in Park 6. Performance will take a place in Lowell Park South of Gazebo, North of Chestnut 7. Audience will be in closed off portion of Myrtle and Park to the North of Myrtle 8. Restrooms we will use are the port-a- potties in Lowell Park 9. Trash -no additional receptacles needed RESOLUTION NO. 2010- ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2011 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $ is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2011. Adopted by the Council this 7 day of September, 2010. ATTEST: Larry D. Hansen, City Administrator Ken Harycki, Mayor RESOLUTION NO. 2010 - ADOPTING THE PROPOSED BUDGET FOR THE YEAR 2011 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget for the year 2011 with revenues and expenditures in the amounts for the following funds: General Fund Special Events Fund St Croix Valley Recreation Center Fund Library Fund Parks Fund Washington County Recycling Grant Fund DARE Fund ATTEST: Larry D. Hansen, City Administrator Adopted by the Council this 7 day of September, 2010. Revenues Expenditures $ Ken Harycki, Mayor RESOLUTION NO. 2010- SETTING PAYABLE 2011 TRUTH -N- TAXATION PUBLIC HEARING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2011 Truth -in- Taxation hearing shall be at 7:00 p.m., Tuesday, December 7th 2010. Adopted by the Council this 7 day of September, 2010. ATTEST: Larry Hansen, City Administrator Ken Harycki, Mayor Washington County BOARD AGENDA 9. 10:35 Adjourn 10. 10:40 to 12:00 — 2011 Proposed Budget Workshops A. Community Corrections B. Community Services C. Public Health and Environment Date September 8 September 9 September 9 Committee MELSA Metro TAB Policy Committee Gateway Corridor Time 12:00 p.m. 12:30 p.m. 3:30 p.m. FY! SEPTEMBER 7, 2010 — 9:00 A.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 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 redundant 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. 9:10 Public Hearing — Office of Administration Receive Comments on the Proposed 2030 Comprehensive Plan and Approval of Resolution Adopting Ordinance 184 and Repealing the 2020 Comprehensive Plan 5. 9:30 Public Works — Cory Slagle, Transportation Manager A. Adopt Resolution -Award Bid for Construction of Hardwood Creek Regional Trail Overpass B. Contract with Bonestroo, Inc. Hardwood Creek Regional Trail Overpass at CSAH 2 C. Adopt Resolution -Award Bid for Bituminous Reclamation and Paving on CSAH 8 D. Cooperative Construction and Maintenance Agreement with the City of Hugo for Construction on County State Aid Highway (CSAH) 8 E. Resolutions Awarding Submittal of Grant Applications to the Counties Transit Improvement Board — Ted Schoenecker, Transportation Manager 6. 10:05 General Administration — Jim Schug, County Administrator 7. 10:15 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. 8. Board Correspondence * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Assistive listening devices are available for use in the County Board Room If .rn.l naa,1 aeciefanro dn.a fn r/ieahilifv nr lnnn..nna h,rriar n/anea ral/ /!.Ff 1 42/1 -roan Location 100 Empire Drive — St. Paul 390 Robert Street North — St. Paul 8301 Valley Creek Road — Woodbury City Hall EQUAL EMPLOYMENT OPPORTUNITY / AFFIRM,TIVE ACTION EMPLOYER Administration Public Health and Environment Public Works Sheriff's Office WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 7, 2010 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM A. Approval of the August 17 and 24, 2010 Board Meeting minutes. B. Approval of resolution authorizing Washington County to facilitate and participate in the process to update the county's multi jurisdiction All - Hazard Mitigation Plan. C. Approval of Change Order #12 to contract with Gresser Companies, Inc. as part of the 2025 Government Center Campus improvements project, in the amount of $35,786.86. D. Approval of Change Orders # 12 and #13 to contract with Glewwe Doors, Inc. as part of the 2025 Government Center Campus improvements project, in the amounts of $5,771 and $1,210 respectively. E. Approval of Change Orders #10 and #11 to contract with Wasche Commercial Finishes, Inc. as part of the 2025 Government Center Campus improvements project, in the amounts of $9,673 and $2,547 respectively. F. Approval of resolution authorizing the Washington County Sheriff to enter into a grant agreement with the Minnesota Institute of Public Health for the enforcement of underage drinking laws program. G. H. Approval to accept a donation from the Schultz family in the amount of $50 to support the operations of the Sheriff's Honor Guard Unit. Approval of a Joint Powers Agreement with the National Park Services, United States Office of the Interior, acting through the Superintendent of St. Croix National Scenic Riverway to provide mutual aid assistance in responding to emergency law enforcement, emergency search and rescue and other cooperative assistance incidents in and near the St. Croix National Scenic Riverway. *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. 1. Washington County Date Committee August 24 Planning Advisory Commission August 25 Metro Mosquito Control Commission August 25 Community Corrections Advisory Board August 31 Department Head/Commissioner Retreat September 2 Metropolitan Energy Policy Coalition September 2 Audit Committee BOARD AGENDA AUGUST 24, 2010 - 9:00 A.M. 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 tf it becomes redundant 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. 9:10 General Administration — Jim Schug, County Administrator 5. 9:20 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. 6. Board Correspondence 7. 9:40 to 10:00 — Executive (Closed) Session with the Office of Administration Discuss Possible Purchase of Conservation Easement on the Daley Property in Afton Through the Land and Water Legacy Program 8. 10:00 Adjourn 9 10:05 to 10:45 — 2011 Proposed Budget Workshops - County Sheriff - Public Works 10. 10:45 to 11:15 — Regional Railroad Authority Board Workshop Presentation on Union Depot from Mortenson, Ramsey County Regional Railroad Authority's Contractor for the Completion of the Depot * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING ON AUGUST 31, 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) Time 7:00 p.m. 9:00 a.m. 7:30 a.m. 8:30 a.m. 12:00 p.m. 4:00 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 Location Washington County Government Center 2099 University Avenue West — St. Paul Washington County Government Center Service Center — Forest Lake 125 Charles Avenue — St. Paul Washington County Government Center Assistive listening devices are available for use in the County Board Room If vnu near/ , ecicl,nnn rI.n 1n dienhilifv n, /igwynno hnrrinr nlnaca nail /Rr.11 rl IfLR/ 00 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 24, 2010 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the August 10, 2010 Board Meeting minutes. Community Services B. Approval of three 2010 Community Development Block Grant and Home Investment Partnership Program funding agreements. Public Health and Environment Public works C. Approval and execution by Board Chair and Administrator of contract with Contract Pharmacy Services, Inc. for the purchase of pharmaceuticals for jail inmates. D. Approval of resolution, final payment to United States Mechanical, Inc. for the Law Enforcement Center Automated Water Control Replacement Project in the amount of $18,091.50 E. Approval of Change Order #15 to contract with Century Construction Company as part of the 2025 Government Center Campus Improvements project, in the amount of $53,506. F. Approval of Change Order #8 to contract with Paul's Architectural Woodcraft Company as part of the 2025 Government Center Campus Improvements project, in the amount of $20,653. G. Approval of Change Orders #14 and #15 to contract with Commercial Drywall, Inc. as part of the 2025 Government Center Campus Improvements project, in the amounts of $31,989.29and $6,875.84 respectively. H. Approval of Change Order #1 to the County State Aid Highway (CSAH) 7 bituminous overlay project contract with Hardrives, Inc. I. Approval of resolution to extend the lease agreement with the Gisela K. Lee Trust for the space occupied by the Rosalie E. Wahl Branch Library located at 3479 Lake Elmo Avenue in the City of Lake Elmo. J. Approval of resolution for Washington County to enter into an amendment to Agreement 95973 with Minnesota Department of Transportation to provide road life compensation to the county for the detour of traffic off of Trunk Highway 95 onto county roads. K. Approval of Change Orders #1, #2 and #3 to the County Road 83 bridge overpass construction contract with Robert R. Schroeder Construction, Inc. *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. WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions SEPTEMBER 7 Agenda — Public Hearing and Adoption of the 2030 Comp Plan 2011 Proposed Budget Workshop The Community Services Department, Community Corrections Department, and Public Health and Environment Department will present their proposed 2011 budgets. SEPTEMBER 14 2011 Proposed Budget Workshop 8/31/2010 The Property Records and Taxpayer Services Department, County Attorney's Office and the Internal Service Departments (Administration, Human Resources, Information Technology, and General Operations) will present their proposed 2011 budgets. Recommendation of the 2011 Proposed Budget The Office of Administration will request the approval of the 2011 Proposed Budget. SEPTEMBER 21 2011 Proposed Budget Workshop The Housing and Redevelopment Authority will present their proposed 2011 budget. Workshop — Land and Water Legacy Program Groundbreaking — Red Oak Senior Housing, Red Oak Preserve, 2:30 p.m. Minnesota Inter - County Association Candidate Forum SEPTEMBER 22 Groundbreaking — Highway 61 Hastings Bridge — 11:00 a.m. at the East End of Levee Park in Hastings SEPTEMBER Executive Session — Armstrong Conservation Easement — Land and Water Legacy Program OCTOBER 5 Joint Meeting with Ramsey County — Location to be Determined OCTOBER 12 2010 Annual Employee Recognition Breakfast — 8:00 to 10:00 a.m., Lake Elmo Inn Event Center Board Meeting to Start at 10:15 a.m. Workshop — Five Year Capital Improvement Plan NOVEMBER 2 2011 Budget Workshop The Washington Conservation District and Watershed Management Organizations will present their 2011 budgets. NOVEMBER 16 Workshop - 2011 Proposed 2011 Budget DECEMBER 3 AND 4 Open House for New County Courthouse Friday, December 3, 2:30 to 5:00 p.m. tour for county staff Saturday, December 4, 11:00 a.m. — 2:00 p.m. tour for public DECEMBER 9 Public Budget Meeting (Tentative) 6:00 p.m. DECEMBER 14 Public Hearing — 5 Year Capital Improvement Plan Agenda — Adopt the 2011 Budget and Capital Improvement Plan (Tentative) FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS September 7 Public Safety Records Management System — Sheriff's Office September 20 Inmate Coin -Less Collect -Call Only and Calling -Card Telephone and Recording System for the Washington County Jail and Eight - Day Temporary Juvenile Hold -Over Facility — Sheriffs Office January, 2011 Base Rate Group Residential Housing — Community Services M: \USERS\ADM \PRRADDA \W P\AGENDA \Workshops \Preview.doc Summary of Proceedings Washington County Board of Commissioners August 24, 2010 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Bill Pulkrabek, District 2 absent. Board Vice Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — attended a 2010 Community Partner Recognition dinner with Globe Education Network who is celebrating 125 years of providing education and community service; she attended the Counties Transit Improvement Board meeting which discussed a Sustainable Communities Regional Planning HUD grant resolution of support; and noted that Woodbury Days starts on August 27 and runs through August 29; Commissioner Peterson — attended the Counties Transit Improvement Board meeting where they received a check from the Metropolitan Council in the amount of $1 2 million; they also discussed bonding and Washington County presented its case and concerns; she has and will be attending open houses for the Red Rock Station Planning; she met with the Legislative Auditors; she was named an alternate to the Collaborative Council which involves cities, counties, and school districts; and reminded the Board that there is no Board meeting next week, but there will be a Commissioner/Department Head retreat at the Service Center - Forest Lake; Commissioner Hegberg — reported on the Association of Governmental Risk Pools conference he attended last week; he reported on the Minnesota Counties Intergovernmental Trust (MCIT) meeting where they discussed an appeal by the Community Action Programs where MCIT declined to continue to provide them coverage; Commissioner Kriesel — attended the I -94 Coalition meeting in Menominee, Wisconsin which consists of five Wisconsin counties; and he and Commissioner Peterson met with the 4 -H group. Community Services Approval of three 2010 Community Development Block Grant and Home Investment Partnership Program funding agreements. General Administration Approval of the following actions: - Ronald Lamberg, Denmark Township, asked what his rights were to repair his driveway and easement due to recent rainfall, and that his neighbor would not let him repair the easement in front of the neighbor's yard which is causing erosion; Mr. Lamberg was referred to the Survey /Land Management Department; August 10, 2010 Board meeting minutes; Minnesota Inter- County Association to hold legislator /candidate forum in Washington County in late September; Board correspondence was received and placed on file; Executive Session held to discuss the possible purchase of conservation easement on the Daley property in Afton through the Land and Water Legacy Program; 2011 Budget workshops held with the County Sheriff's Office and the Department of Public Works. Public Health and Environment Approval of contract with Contract Pharmacy Services, Inc. for the purchase of pharmaceuticals for jail inmates. Public Works Approval of the following actions: - Resolution No. 2010 -120, final payment to United States Mechanical, Inc. for the Law Enforcement Center automated water control system replacement project; Change Order #15 to contract with Century Construction Company as part of the 2025 Government Center Campus improvements project; Change Order #8 to contract with Paul's Architectural Woodcraft Company as part of the 2025 Government Center Campus improvements project; - Change Orders #14 and #15 to contract with Commercial Drywall, Inc. as part of the 2025 Government Center Campus improvements project; - Change Order #1 to the County State Aid Highway 7 bituminous overlay project contract with Hardrives, Inc.; Resolution No. 2010 -121, lease agreement extension with the Gisela K. Lee Trust for the Rosalie E. Wahl Branch Library in Lake Elmo; Resolution No. 2010 -122, amendment to Trunk Highway 61 detour agreement with Minnesota Department of Transportation; - Change Orders # 1, #2, and #3 to the County Road 83 bridge overpass construction contract with Robert R. Schroeder Construction, Inc. Workshop with the Regional Railroad Authority for a presentation on the Union Depot from the Mortenson, Ramsey County Regional Railroad Authority's contractor for the completion of the Union Depot. 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 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 — reported on the Gateway Corridor meeting and the launch event that took place on August 16; and he reported on the Vets cruise on the St. Croix River on the Andiamo to raise funds for the Veteran's Memorial in Stillwater; Commissioner Peterson — reported on a meeting she and Commissioner Weik attended with the Tubman Group about their plans for the future and the existing homeless; asked the Board to save the date of October 27 for the Minnesota High Speed Rail Commission/Empire Builder Coalition/On Board Midwest joint event from 11:00 a.m. to 2:00 p.m. at the Union Depot in St. Paul; and she reported that former Metropolitan Transportation Advisory Board chair, Donn Wiski, passed away this past weekend; Commissioner Weik — thanked the Tubman Associates for the meeting; she attended the Gateway Corridor Commission; attended the Canvass Board; reported on the Minnesota Inter- County Association meeting and that their Candidate Forum would likely include Washington County, but no date has been set; and reported that the Transportation Alliance will hold a Governor Candidate Forum on August 25 at the Northland Inn. General Administration Approval of the following actions: August 3, 2010 Board meeting minutes; Reappoint Richard Damchik, Forest Lake, to the Comfort Lake- Forest Lake Watershed District Board of Managers to a term expiring September 22, 2013; - Resolution No. 2010 -118, approval of Department of Natural Resources Agreement providing $1,033,000 from the Lessard -Sams Outdoor Heritage Fund to acquire interests in property through the Land and Water Legacy program; Board correspondence was received and placed on file; - Board workshop held to receive information on the proposed 2011 budget; and review the proposed 2011 Library and Law Library budgets. Human Resources Summary of Proceedings Washington County Board of Commissioners August 17, 2010 Approval of the following revisions to the Washington County Personnel Rules and Regulations: - Section 20, Employment Outside of County Service; Section 23, Performance Evaluation; Section 22, Work Schedules; and Section 8, Probation and Regular Status. Public Health and Environment Approval and execution by Board Chair and Administrator of recycling grant agreement with the City of Woodbury for distribution of curbside recycling funds. Public Works Approval of the following actions: - Change Orders #13 and #14 to contract with General Sheet Metal Company, Inc., as part of the 2025 Government Center Campus Improvements Project in the amounts of $53,320 and $12,620 respectively; Change Orders #22 and #23 to contract with Peoples Electric, Inc., as part of the 2025 Government Center Campus Improvements Project in the amounts of $66,143 and $21,674 respectively; - Resolution No. 2010 -119, bid award for hot inplace recycle bituminous overlays on County State Aid Highway 18 to North Valley, Inc.; - Amendment #1 to the SRF Consulting Group contract for final design services in the amount of $360,000 for the development of the Broadway Avenue (CSAH 2) improvement project and the County Road 83 overpass project in Forest Lake; Updates were given on the following Minnesota Department of Transportation projects; roundabout on Highway 5; traffic signal on I -94 and Manning Avenue; and Highway 36 study; - Board workshop held for an update on the Counties Transit Improvement Board August 18 agenda items. 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. August 12, 2010 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Linda Countryman, Supervisors David Johnson, Sheila -Marie Untiedt and Matt Beane, Attorney Sam Edmunds, Engineer Paul Pearson, Planner Berry Farrington, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Rick Jacobson. 1. AGENDA - M /S /P Beane /Untiedt moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M /S /P Untiedt /Beane moved to approve the 7/8/10 Stillwater Town Board Meeting minutes as written. (3 ayes) 3. TREASURER - a) Report given. b) M /S /P Untiedt /Beane moved to have the document for PMA signed to enable the Treasurer to work with them on investments. (3 ayes) c) Escrow Policy - The Treasurer should check on escrows quarterly and discuss with the Board if there are any questions. d) Checks and Claims - The following checks and claims were approved for payment Claim # Vendor Amount 4294 Department of Labor and Industry $ 194.88 4291 Richard Jacobson 50.00 4293 MFRA 2,495.60 4289 Dustcoating, Inc. 2,552.00 4309 Valley Green Lawn and Landscape 1,173.01 4292 Maroneys Sanitation, Inc. 196.35 4285 BJ Haines Tree Service 144.28 4298 Qwest 209.88 4286 Mary Buelow 150.00 4290 Rodney D. Hunter 200.77 4288 James Doriott 31.92 4297 On Site Sanitation 335.27 4310 Washington Co. Taxation Division 12,485.20 4311 Xcel Energy 73.65 4312 PERA 375.08 4313 Minnesota Dept of Revenue 18.52 4314 Internal Revenue Service 745.26 4287 Campbell Knutson, PA 5,227.00 4295 Kathleen Nelson 120.32 4296 Stephen Nelson 785.00 4299 MJ Raleigh Trucking Inc. 11,961.00 4300 Marsha Olson 44.00 Stillwater Town Board Mtg. — 8/12/10 Page 2 4301 Robert P. Ranalla Sr 6.83 4302 Barbara Riehle 63.61 4303 Riehle Total Care Solutions 2,399.00 4304 Kathryn Schmoeckel 204.90 4305 Stillwater Gazette 126.40 4306 St. Croix Recreation Co 2,164.22 4307 TKDA 2,818.95 4308 Tower Asphalt Inc. 19,135.80 Jacobson, Richard L 483.56 Nelson, Kathleen M 892.17 Nelson, Stephen W 1,089.73 Olson, Marsha Ann 207.24 Ranalla, Sr. Robert P 374.02 Riehle, Barbara 370.33 Schmoeckel, Kathryn G. 889.89 4. ATTORNEY - a) Washington County CUP - The document which had previously been approved was signed. (David Johnson arrived.) b) Confidential Telephone List - The township telephone numbers should be public data. A different list without staff numbers will be posted on the web and the other list will be maintained without the word `Confidential" and would be available to the public upon request. c) Ballot Question - Attorney Sam Edmunds had a resolution providing the wording for the question whether the clerk should be appointed rather than elected. The wording is provided by statute. An article supporting this will be in the upcoming newsletter and fliers will be prepared to hand out at the township picnic. M /S /P Untiedt /Johnson moved to approve the resolution authorizing the ballot question. (4 ayes) 5. PLANNER - a) Internet Service -A resident, Bob Niemann, is looking for fiber optic service for Stillwater Township which would provide faster service. He and his neighbors believe that Qwest would be more willing to do this with the support of the local government. Mr. Niemann offered to write a letter to the various internet providers for the Board to sign stating that they would be welcome in our community and ask what they can do for us. He will forward his letter to the Clerk. b) Otto Berg Park Plan - Planner Sherri Buss had sent the Board a letter describing the services available with examples of what they have done in other communities. Park Manager Rick Jacobson said that the Park Committee would like to just take a "common sense" approach and plant trees as needed. The Park is already well laid out and established. There was discussion of possible uses for the Township land on the west side of Norell. TKDA's proposal seems fair, but it does not seem necessary at this time. Stillwater Town Board Mtg. — 8/12/10 Page 3 c) Public Hearing Notice Policy - Planner Berry Farrington had a draft policy for notice on public hearings. M /S /P Untiedt /Beane moved to adopt the Stillwater Township Public Hearing Notice Policy with the typographical changes noted. (4 ayes) d) Gohlike Home - Lee Gohlike plans for changes to his residence and was wondering if he would need to amend his PUD. The consensus was that this would not change the use of the property, but he will need to get a building permit. e) Dan Palmer - Mr. Palmer lives on Little Carnelian Lake and would like to rent his home. Would he need a permit for this? Berry Farrrington will check with Dennis O'Donnell at Washington County and report back. 6. HIGHWAY 96 TRAFFIC CONCERNS - Marc Briese, East Metro Area Engineer, Minnesota Department of Transportation, was present to discuss issues with Highway 96. He reviewed the work that is being done at this time which includes culvert replacement and resurfacing. There are no plans in their current 5 year plan to change the intersection of Highway 96 and Norell or Highway 96 and Stonebridge. Their traffic office is doing a speed study between Highway 61 and Highway 95 which will be finalized after the resurfacing project is done. He would be happy to come back to update us on their study when it is completed. 7. CHIEF OF POLICE a) Report given. There were 8 burning permits, none for buckthorn. One dog was impounded and the fee was paid. b) The canine officer from Washington County will be at our picnic at 1:00 p.m. c) Washington Conservation District reported an invasive species on Pawnee and Highway 95. Steve Nelson has advised the residents in the area. d) Lassonde Kennel License - They now have 7 dogs and there have been no complaints. Kathy Nelson will renew the license. e) Abandoned Homes - We have had an issue of abandoned homes in the Township. One has now been occupied. The owner lives next door to another and he has cleaned it up. The third is one with several windows broken and floors in the barn are rotted. The responsibility to maintain it to whoever is listed as the owner. The barn may have to be torn down. If the owner does not agree to do that, the Township may have to do it and assess the homeowner. Engineer Paul Pearson suggested that the fire department may be interested in a practice burn. 8. ENGINEER - a) Oakhill Address - An issue arose with a 911 call from 8930 Oakhill Avenue Court North where all other addresses are Oakhill Court North. This led to some confusion. We will change the street sign to be consistent with the other addresses and the Clerk will contact the County to have them change the address for this resident. The fire department should also be copied with the change of address. b) Bituminous Road Overlay Project - Engineer Paul Pearson explained the reason to retain $1,007.15 from Tower Asphalt's billing on an overlay project. There was some damage done to a resident's driveway that Tower has agreed to pay for. Paul Pearson will ask Tower Asphalt to show that they have paid the $100 to the resident and we will then pay the balance of the retainage. Stillwater Town Board Mtg. — 8/12/10 Page 4 c) County Meeting - Paul Pearson received an email from Washington County Public Works regarding an upcoming meeting on cost sharing policy. He will send the agenda to the Board when he receives it and if they determine their attendance would be useful, a member of the Board will attend. 9. WASHINGTON CONVERSATION DISTRICT RESOLUTION - Todd Udvig, Wetland Specialist, had sent a suggested resolution for them to provide technical assistance for Stillwater Township. The Clerk will determine if this is what Jyneen Thatcher had been doing and if we would be charged only when we request their services. More discussion at the next meeting. 10. PARK COMMITTEE - a) Friends of Stillwater Township Brochure - Matt Beane had sent copies of the proposed brochure to the Board. The Park Committee will go ahead with it and put it on the website and have a story on it in the next newsletter. b) Township Picnic - There was discussion as to whether to rent or buy a tent and the consensus was to rent one for the one time a year we would use it. 11. PARK MANAGER - a) Weeds - M /S /P Johnson /Beane moved to authorize the expenditure of up to $1,000 for spraying and mulching on various trails in the Township. (4 ayes) b) Swing Set - There is an issue of metal fatigue on the swing set in Otto Berg Park. Rick Jacobson will either take it down or make it unusable. The manufacturer is working on a retrofit kit. c) Jungle Gym - Some parts are needed to plug holes to keep bees out. M /S /P Untiedt /Johnson moved to authorize up to $300 for replacement plugs for the climbing jungle gym. (4 ayes) d) Trees - The issue of purchasing additional trees for the park was rediscussed and a less expensive source has been identified. M /S /P Countryman /Beane moved to reauthorize a $2,000 purchase of trees to the most favorable bid. (4 ayes) 12. BUY FRESH BUY LOCAL CAMPAIGN - Linda Countryman had information on this. We could support them with a $50 fee every two years which would give us a mention in their directory and website. Rick Jacobson did not feel that this would boost our farmers' market traffic. 13. PROJECTOR - The Clerk will look into pricing for projectors. More discussion at the next meeting. 14. SECOND PAINTING BID - The trash enclosure and the two outside town hall doors were painted under the new approval policy. The work that was done looks very good. 15. COUNTY UPDATES - The County is planning a shredding event. This will be put on our website. Stillwater Town Board Mtg. — 8/12/10 Page 5 16. COMMUNICATION BEYWEEN MEETINGS - The Clerk will act as a `ego- between" for communication between board members between meetings. There will be more discussion on meeting guidelines at the next meeting. 17. ADJOURNMENT - The meeting was adjourned at 10:45 p.m. Clerk Chairperson Approved