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Home My WebLink About2010-09-21 CC Packet11111RTNPLACE Of MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street September 21, 2010 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of September 7, 2010 regular, recessed, and executive session minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance. please limit your comments to 5 minutes or less. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Director 6. Public Wks 7. Finance Dir. 8. City Dir /City Engr. Attorney 9. City Administrator CONSENT AGENDA (Roll Call) 10. Resolution 2010 -141, directing payment of bills 11. Approval of quotations for Lily Lake Shelter improvements 12. Resolution 2010 -142, approval of Agreement for Assessments with Washington County 13. Resolution 2010 -143, approval of Community Movie Tour Book Agreement with CGI Communications, Inc. PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 14. Request to purchase a new fire engine 15. Possible adoption of resolution establishing polices related to private use of public parking spaces in Downtown Stillwater (Resolution — Roll Call) 16. Possible 2nd reading of Ordinance 1019, 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 (2nd reading — Roll Call) 17. Possible 2nd reading of Ordinance 1020, an ordinance regulating Subsurface Sewage Treatment Systems in the City of Stillwater (2nd reading - Roll Call) NEW BUSINESS 18. Possible approval of Stillwater Harvest Fest Main Street Stillwater IBA & Stillwater CVB (Sponsor) 19. Possible approval of Addendum No. 1 to Agreement between City of Stillwater, Stillwater Public Library and The Episcopal Church of the Ascension (Resolution — Roll Cali) 20. Possible approval of recommendation from Traffic Committee for "No Parking" on Alder (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. TOF ►111TH ►L ►CF Of MINNEFFIA CITY COUNCIL MEETING September 7, 2010 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Administration Secretary Manos OTHER BUSINESS Lumberjack Days & Marathon Debriefing 4:30 P.M. Dave Eckberg, St. Croix Events, provided the Council with an overview of this year's marathon. He stated the event went very well, with participants from 41 states and five countries. He said the event reached the goal of filling all the local hotel rooms; the Chamber's economic impact study will reveal the amount of dollars spent. He said there were no particular medical issues and noted there were about 125 medical personnel on the course this year. On a question by Mayor Harycki, Mr. Eckberg stated there were slightly under 3,000 entries for the associated races, with slightly over 2,500 who actually ran. He talked about a new fitness /wellness event that took place this year. Chief Gannaway said the event went well; the only dramatic thing was that the course had to be closed due to temperature on the recommendation of the medical director. Chief Gannaway said that occurred so late in the race that it affected only a handful of runners. He stated that it was a good learning experience should future weather - related situations occur. On a question by Councilmember Cook, Mr. Eckberg said about 400 runners ran the marathon and that the total number of runners was up about 20% over the first year. City Council Meeting September 7, 2010 On a question by Councilmember Polehna, Mr. Eckberg said about 20 community groups assisted in the races; he talked briefly about issues related to the water stations. Mr. Eckberg stated the July 4th fireworks had spectacular attendance. He talked briefly about the flyovers, cannon and the associated concerts. Mayor Harycki talked about the attendance of folks from neighboring communities that have discontinued fireworks displays. Mayor Harycki also talked about the good job the police did with traffic at the conclusion of the fireworks display. Chief Gannaway said it was a fairly busy night for the police department, primarily due to the size of the crowd. Chief Gannaway said the only issue that was drawn to his attention was the fact that there were some vendors occupying paid parking spots; he said that is something that will have to be addressed in the future. Councilmember Cook asked about the vendors present on the 4th of July and whether that is part of the Lumberjack Days contract; Mr. Eckberg stated there have been vendors for about the last 10 years and this is the first year there have been any comments /complaints. City Administrator Hansen said he wasn't sure if the contract specifically addresses vendors, but it has been past practice — it is nothing new. Mr. Eckberg said if this is an issue, the vendor in question could be moved to the grass and out of the parking lot area. Regarding Lumberjack Days, Mr. Eckberg said there were no particular issues. He said they had a difficult time securing musical units for the parade this year due to the economy. He said he thought the Chicago concert was incredible and that the four days of the event went pretty well. Chief Gannaway said Saturday night, the crowd cleared out fast, with only a couple of minor incidents during the concert itself. The only issue that came up, he said, was the lack of a lane going down the middle for electrical cords and that provided emergency access. He stated that in the future there needs to be lane of access that is barricaded. Mr. Eckberg said he had recently visited several Chicago area outdoor concert venues and will be receiving information from them regarding protocols that they use for lawn concerts; he said the access issue is one that they will continue to look at and work on with Chiefs Glaser and Gannaway. Mayor Harycki asked about re- orienting the stage; Mr. Eckberg said they are continuing to look at that. Mayor Harycki said he received more comments about the parade and the presence of so many politicians; Mr. Eckberg talked about the Page 2 of 23 City Council Meeting September 7, 2010 circumstances this year regarding the musical units, along with the fact that this is an elections year with a lot of people running for judge. Mayor Harycki wondered if there could be a requirement for people marching in the parade to have live music; Mr. Eckberg said that is an option that could be considered and agreed that musical units are the heart and soul of a parade. Councilmember Cook asked Chief Gannaway to expound on his experiences with Lumberjack Days. Chief Gannaway stated there were some issues after the Saturday concert with the downtown bars; he said the level of activity was more than in recent years, but not unlike the activity experienced a number of years ago. Chief Gannaway said there was one potentially serious incident that is still being investigated. Mayor Harycki stated the Council has discussed some modification to the Lumberjack Days contract. Mr. Eckberg said they are willing to sit down and talk about issues. Councilmember Roush said there are a few things in the contract that residents have expressed concerns about, but said he thought those issues could be resolved. It was agreed to have Mayor Harycki, Councilmembers Cook and Roush, and City Administrator Hansen meet with Mr. Eckberg regarding possible modifications to the contract. Mayor Harycki noted the marathon contract currently is done on an annual basis; Mr. Eckberg said for marketing purposes, they would like to be advertising the marathon as early as October. It was agreed that Mayor Harycki and Councilmember Polehna would work on negotiating the marathon contract. Councilmember Polehna echoed Mayor Harycki's comments regarding the parade; he also suggested that next year, equipment trucks be parked away from the concert area so as not to interfere with the audience's views /listening. Mr. Eckberg suggested that if the stage area is re- oriented, the music quality will be much better. Councilmember Polehna expressed appreciation for the National Guard's assistance in traffic control. Mayor Harycki suggested the possibility of having a citizens committee involved in the parade planning; Mr. Eckberg said that he would welcome that. Page 3 of 23 City Council Meeting September 7, 2010 Downtown Parking Commission recommendation on fees for private use of public parking spaces Community Development Director Turnblad reviewed the Parking Commission's recommendations for a policy regarding private use of public parking spaces and fees for such use. He noted there are two proposed rates, one for peak season, May 1 through Nov. 1, and off - season rates. Peak season rates, as proposed, would be $15 day per space in lot 1, and $9 per day for all other city parking lots, as well as on- street parking, excluding Main Street. Off - season rates, as proposed, would be $3 per day per space, in all lots and on- street parking, for parking more than 3 hours. Mr. Turnblad also reviewed the proposed policy. In discussion, it was noted that the recommendation is not to allow any private use of parking spaces on Main Street. Mayor Harycki asked about the impact on events such as Brine's bocce tournament and Summer Tuesday's. Mr. Turnblad stated the fee for the bocce tournament, since it is an off - season event, would be about $75, while Sumer Tuesday's, since it is a contract event, would be determined by the contract negotiations. Chief Gannaway referred to some of the incidents that resulted in the policy /fees, incidents such as vendors using public spaces during the 4th of July and a race that left a dumpster occupying two public spaces for a number of days after the event had concluded. Mayor Harycki clarified that this policy would apply to the downtown commercial district only and would not affect neighborhood events, such as National Night Out; Mr. Turnblad noted there is a designated downtown parking district, which this policy would apply to. Mayor Harycki asked whether the Chamber and IBA have reviewed the recommendations; Mr. Turnblad responded in the affirmative. Mr. Turnblad noted that the Parking Commission is recommending fees are charged for all lots, including those that are currently free, as those lots will be upgraded and if fees aren't charged there won't be money in the Parking Enterprise Fund to pay for the upgrades. Mayor Harycki asked how that would impact the Car Show; Mr. Turnblad pointed out that the Car Show is only held during the evening, so the fee would be $3, and he said if the number gets too high, sponsors may want to go to a contract. Mr. Turnblad said if the Council agrees with the proposal, it would put it in the form of a resolution and brought it back to Council. Page 4 of 23 City Council Meeting September 7, 2010 STAFF REPORTS Police Chief Gannaway said he met with both the Chamber and IBA regarding crime issues; he said it was an excellent meeting, with the focus on the importance of two -way communication. He said he thought a lot of excellent information was exchanged on both sides. Fire Chief Glaser updated the Council on a number of emergency response calls, including three potentially significant fires, assistance on a drowning at Big Marine, and a mutual -aid call to Mahtomedi. He noted that since the beginning of the year, there has been an estimated loss of $414,000 in the department's district, with the value of the property involved at over $2.6 million, resulting in $2.1 million in saved property from the department's response. Chief Glaser stated the Washington County Sheriff's Office's air boat is expected to be received about the end of October, with training to take place the end of September /early October. He noted that fire hydrant flushing will begin soon, and he reminded the community that Fire Prevention Week will take place October 4- 9. Community Development Director Turnblad stated work has begun on a solar panel ordinance. He said a draft ordinance would be presented to the Heritage Preservation Commission and Planning Commission for review before bringing an ordinance to the Council. He anticipates that it will be early winter before any draft is ready. Mayor Harycki asked about some drawings of Commercial Street; Mr. Turnblad said as part of the Comprehensive Plan, there was a connection, a pedestrian way, between the parking ramp and riverfront shown; he said that was a very conceptual plan, but in the past two months a local architect has volunteered to work on those ideas and sketches are now beyond concept to a preliminary design. Mr. Turnblad said he thought the preliminary design sketches would be ready to bring to the Council in the very near future. Councilmember Roush asked about the status of boat trailer parking. Mr. Turnblad stated the Parking Commission has not changed its position regarding not allowing boat trailer parking in City lots. Regarding the boat ramp, Mr. Turnblad said the two sources of funding that the City had thought would be available are, in fact, not available. Mayor Harycki suggested the possibility of doing something inexpensive to accommodate a ramp at the former Cayuga site. Councilmember Polehna asked about the possibility of the City getting back its parking easement rights now that the Maple Island project is not moving forward; City Attorney Magnuson said he has discussed that with the bank, but they are reluctant to give up the easement at this time. Public Works Director Sanders stated he met recently with the Corps of Engineers regarding the levee project; he said there is a new project manager Page 5 of 23 City Council Meeting September 7, 2010 and the Corps has a contract for a consultant, SEH, and they have started on the plans and specifications for the project. He said the anticipated timeline calls for construction to begin after 2011 Lumberjack Days, with completion in the fall of 2011. Mr. Sanders stated the DNR has informed him that the minimum bid price for the Jackson Wildlife Management Area property is $177,000 and the DNR wants to know whether the City is interested in purchasing the property. Mr. Sanders said there is about three acres that is not in the Brown's Creek wetlands buffer area. Councilmember Roush pointed out that a wild species of orchid has been identified in that area and wondered whether that would prohibit any development. Mr. Sanders stated the DNR has recommended that no development occur, but that is just a recommendation. Councilmember Polehna asked that the agreement giving the property to the DNR be examined, saying he thought that if that agency decided to get rid of the property, it would revert to the City. City Attorney Magnuson said he could look at the title, but said he thought the restrictive covenant on the property had expired according to state statute. Mayor Harycki asked if Mr. Sanders had communicated the asking price to Brown's Creek; Mr. Sanders said he thought Brown's Creek might be interested in participating in a partnership for the purchase. On a question by Mayor Harycki, Mr. Sanders said any trail in the Jackson property would be limited and not connected to any other system, due to slopes and other restrictions. Councilmember Cook asked about the status of a Brown's Creek trail connecting to the Gateway Trail to downtown Stillwater. City Administrator Hansen said he had received a call indicating that the DNR had reached a property option agreement with Mr. Paradeau, with a nine -month process for acquiring the property; he said the DNR is hopeful it can close on the property by the end of the year. Mr. Sanders stated he had met with the Minnesota Pollution Control Agency and that the agency is attempting to set up a network across the state to monitor groundwater for water quality. He said the MPCA is interested in putting in three wells in the City; he said the wells would be monitored annually for water quality. He said there would be no cost to the City. Mr. Sanders provided information on two Consent Agenda Items, including the Flood Hazard Mitigation grant agreement, which is matching -grant money the City received from the state several years ago for the levee project, and the quote for environmental consulting services for an environmental plan for the levee project, a portion of which will be paid by DNR grants. He said the City needs to get the environmental study done for the levee project to proceed next Page 6 of 23 City Council Meeting September 7, 2010 spring. Councilmember Polehna asked whether the electric lines would be buried in conjunction with the levee project. Mr. Sanders said he had met with Xcel Energy several years ago and the estimated cost of placing the lines underground was $1.5 million; and that a portion of the cost is Xcel's requirement for a redundant line. Councilmember Polehna stated that is still something he would like to pursue. Councilmember Polehna also stated he had received calls about brushing out Pioneer Park; Mr. Sanders said that is on the list of things to do. City Administrator reminded the Council of the upcoming boards and commissions picnic. The meeting was recessed at 6:00 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders Administration Secretary Manos PLEDGE OF ALLEGIANCE 7:00 P.M. Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of the August 17, 2010 budget workshop and regular meeting minutes and the August 24, 2010 Budget Workshop minutes Councilmember Cook noted a scrivener's error in the August 17 regular meeting minutes, page 6, "grating" should be "granting." Mayor Harycki clarified that the traffic signs referred to in the August 17 budget workshop minutes were traffic feedback signs, rather than speed tracking devises; he also asked that the August 24 budget workshop minutes, last paragraph regarding $5,000 for traffic sign should be clarified to indicate the $5,000 is for traffic feedback signs. Page 7 of 23 City Council Meeting September 7, 2010 Councilmember Roush asked that the August 24 minutes reflect that he asked fellow Councilmembers to make weed harvesting of Lake McKusick a priority and /or to provide budgetary funds for that moving forward. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the minutes as amended. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Pete Orput Pete Orput, candidate for Washington County City Attorney, addressed the Council and audience. He provided a bit of his professional background and his goals as County City Attorney. He specifically spoke of his desire to implement a veterans' court in Washington County. Councilmember Polehna thanked Mr. Orput for his assistance with the Yellow Ribbon Committee. OPEN FORUM Richard Kilty, 118 W. Oak St., asked why the City owns a vacant house at 1372 S. Greeley St. and vacant masonry garage at 216 N. Fifth St. and why those parcels are not put on the market given the economic times and the Council's discussion regarding cutting library hours. City Attorney Magnuson noted that the Greeley Street property was acquired as part of the Lily Lake expansion and used as the park department headquarters for many years; he said that house has been vacant since the parks department moved to the new Public Works building. He said the other property is the old City garage. Mayor Harycki noted the former parks building is still used for cold storage of equipment. Mr. Kilty asked why the building on Boutwell Road couldn't be used for storage. Regarding cutting library hours, Mayor Harycki pointed out that was a suggestion from the Library Board as a possible way of meeting the budget target, but the Council unanimously decided it would find the necessary funding to avoid cutting those hours. Mr. Kilty spoke of the City's expenditure to provide a site for a new National Guard armory, noting that the Minnesota National Guard does not have any money to build facilities; he asked what assurance the City has in the purchase agreement that the National Guard will build an armory here. Mayor Harycki stated the City has sent a letter to General Kelly indicating that before the City's closes on the land, it wants assurances that the armory will in Page 8 of 23 City Council Meeting September 7, 2010 fact be built. City Administrator Hansen said he had received a call from National Guard representatives stating that they are working on providing the City with the requested assurances. Mayor Harycki pointed out that General Kelly has indicated these are dedicated funds for this armory, and that the usual requirement that a host city pays 25% of construction costs has been waived in this instance. Mr. Kilty pointed out that funding is dependent on Congress. Councilmember Polehna said he shared Mr. Kilty's concerns but said the Guard will provide written assurance that the City will get the project. Mayor Harycki also noted that the getting the site in question is tied to the search for a new fire station location. Mr. Kilty said he would hope that the City does not buy the property until it has funding for the armory. Councilmember Roush said he would favor selling off the former proposed armory site south of the Recreation Center to help offset the cost of the land purchase. It was noted the National Guard would sell the existing armory, as the City does not own that. CONSENT AGENDA 1. Resolution 2010 -129, directing payment of bills 2. Possible approval of use of Lily Lake Tennis Courts for sale of Christmas Trees — Stillwater Elks 3. Possible approval of Fire Prevention Week Signs /Banner placements 4. Resolution 2010 -130, approval of ICMA -RC Managed Account agreement 5. Possible approval of permit to sell — 3rd Annual Bean Bag Toss Tournament @ Lily Lake Park 6. Resolution 2010 -131, accepting and approving the quote from Natural Resource Group Inc. 7. Resolution 2010 -132, approval of Flood Hazard Mitigation Grant Agreement with the State of Minnesota, Department of Natural Resources 8. Resolution 2010 -133, resolution amending Resolution 2010 -95, Appointing Election Judges and Fixing Compensation Councilmember Roush asked about the League of Minnesota Cities Insurance Trust bill for $106,000 for fireworks endorsement. City Administrator Hansen said there are actually three bills included and the computer picks up the first bill entered; the fireworks endorsement is actually $250, with about $52,000 for workmen's compensation insurance and another $54,000 for general liability insurance. Page 9 of 23 City Council Meeting September 7, 2010 Councilmember Roush asked if the fireworks endorsement isn't something that the sponsor would cover. Mr. Hansen said fireworks have become a very big issue, so the League won't cover it unless there is a special endorsement, which the City has always carried. Motion by Councilmember Gag, seconded by Councilmember Roush to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki' Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider a request from Brian Pilrain, Roman Market Inc., for a zoning text amendment to the VC- Villaqe 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 Community Development Director Turnblad reviewed the request. He noted that currently a family restaurant, as proposed, is not an allowed use in the VC District; the request is to allow that use with a special use permit. He said there are three issues remaining after meeting with neighbors, concerned residents, the property owner and restaurant owners regarding the proposed ordinance language. He reviewed the issue regarding closing time, noting that the Homeowners Association has requested a 10 p.m. closing time for all days of operation, while the draft language provides for a 10 p.m. closing Sunday through Thursday and 10:30 p.m. on Friday and Saturday. He said the 10:30 p.m. closing on Friday and Saturday is based on the Planning Commission and Joint Board actions, and that the restaurant owners would prefer the 10:30 closing, but said they could live with the 10 p.m. closing. Mayor Harycki asked for a clarification of closing time, saying that at the Joint Board discussion, it was the understanding closing meant "last call for service;" Mr. Turnblad said what is being suggested is that per the Joint Board conversation, closing time means the last call for service for both food and beverage service. Mr. Turnblad said the Planning Commission, Joint Board and Home Owners Association have agreed to a 60 % -40% food to alcohol ratio; he noted that is consistent with state law. Regarding parking, Mr. Turnblad noted the PUD for the District provides for meeting parking requirements through a combination of means, including on -site parking, on- street parking and cross - access /cross - parking easements and that the total combination of those means would enable this proposal to meet the parking requirements. He said neighbors closest to the VC District are concerned that parking would spill over into the neighborhood and have requested that signage be posted prohibiting restaurant - use parking; he said staff is fairly confident that parking can be accommodated in Page 10 of 23 City Council Meeting September 7, 2010 the area and noted that the suggested parking signage would be difficult to enforce. In discussion, it was noted that "resident only" parking signs have been used elsewhere in the City. Mr. Turnblad stated another issue is related to kitchen ventilation and the residual odor that occurs even with ventilation equipment. He said neighbors would prefer that equipment be utilized that would take out all of the kitchen - related smells and that in his discussions with the County and potential owners, such equipment is available, but it is very expensive, in comparison to the normal hood ventilation systems, and very maintenance intensive. Mr. Turnblad said there are also issues related to the marketing of alcohol; he said part of the discussion is that the original intent of the VC zoning district was that businesses in the district would capture the local market. He said in discussions it was suggested a stipulation that there be no "happy hour" would help capture the local market, rather than draw from a regional crowd. Mr. Turnblad said the Planning Commission and Homeowners Association both put that stipulation in their recommendation. He said the Joint Board thought that allowing a "happy hour" that wouldn't go past 6 p.m. would be acceptable. He stated that the Joint Board also felt there should not be restrictions on regional advertising and felt having the 60 -40% food to alcohol sales is more effective than where a business advertises for customers. He said the owners would like the option of having a "happy hour" and regional advertising to provide them with more flexibility. Regarding the issue of outdoor amplified music, he said the Planning Commission and Homeowners Association both wanted to prohibit live music and outdoor amplified music. He stated that the Joint Board felt live music indoors would be acceptable as long as it is kept at a level that it can't be heard outside, and also felt that allowing recorded music outdoors was OK. He said the owners would like to be able to have recorded music outdoors. Mayor Harycki noted there are two public hearings related to this request and wondered whether it would be acceptable to hold the hearings simultaneously. City Attorney Magnuson said that would be acceptable. Mayor Harycki opened the public hearings for the zoning text amendment and for the issuance of an on -sale and Sunday liquor license. Spencer Wong, 137 Liberty Parkway, expressed concerns about food aromas and the lack of parking spaces. He noted the previous tenant was a coffee shop /ice cream shop with no odors involved. He said the ventilation proposed is the standard restaurant ventilation and said his chief concern is what can be done if there are odors encroaching on the residential area; he expressed a concern that if approved, the City would be limited in taking any actions should problems arise related to the odors. He also expressed concern about parking, Page 11 of 23 City Council Meeting September 7, 2010 especially in regard to children in the neighborhood. He stated that there is currently sports practices at the field adjacent to the proposed restaurant and said the parking lot proposed for restaurant use is already being used by cars related to the sporting activities taking place. He said there is not enough parking unless restaurant patrons parks on residential streets or in front of other businesses in the commercial area; he asked for clarification of the plan to address parking concerns before the proposal is approved. Regarding the concern regarding odors, Mr. Turnblad said the proposed ordinance would allow a family restaurant to operate by special use permit. He explained that special use permits are reviewable so if there are lots of complaints about smells coming from the restaurant, the permit can be brought back to the City for public hearing and the Council could look at re- tailoring the conditions related to the special use permit. Related to parking, Mr. Turnblad suggested that the parking in the commercial district could be signed commercial parking only or restaurant parking only, just as streets in the residential area could be signed residential parking only. Councilmember Roush noted that cooking aromas vary with the types of food and method of cooking and suggested the owners might be able to address that concern. Todd Remely, president of the Liberty on the Lake Homeowners Association, said the neighborhood is very supportive of the proposed business. He said the question is not whether the neighborhood wants a restaurant or not, a family restaurant has been wanted in the district for many years. He informed the Council that the issue is not with the Pilrains, the applicants, but is with the liquor license and future owners. He said once a liquor license is issued, it is very difficult to take away, and future owners might have a very different vision of their business, perhaps a full -blown bar. He said current zoning was put in place to prevent a full -blown bar from being in that location. He stated that the Homeowners Associations proposed conditions are aimed at keeping the spirit of a family restaurant and protecting the neighborhood's children against a full - blown bar at some point in the future. He addressed the closing time of 10:00 p.m. by stating that it was the most frequently mentioned time at the neighborhood meeting regarding the proposal, and he said owners seemed receptive to that closing time. With respect to parking, he said, it is hoped the Council will promise to look at a solution if a problem is encountered in the future. With regard to the food aroma, he said the Association recognizes it is a very expensive to install the proper filtration systems, so again would look to the City to provide some kind of mechanism /avenue to pursue a solution should a problem in that area arise in the future. Regarding amplification and advertising, he said the Homeowners Association is looking for something to proactively put into the ordinance to avoid a full -blown bar at some time in the future. Page 12 of 23 City Council Meeting September 7, 2010 Councilmember Polehna asked about outdoor music amplification; Mr. Remely said what the Homeowners Association is trying to prevent is a beer garden atmosphere with a loud band and would not necessarily be opposed to a CD played through speakers at a reasonable volume. Mayor Harycki noted that in the Joint Board discussions, it was pointed out there was live music (guitar player) and an outdoor speaker at that location in the past, but no one ever sought permission to have that. Mr. Remely reiterated that the Homeowners Association was trying to prevent loud music or a live band. No other comments were received, and the hearings were closed. Councilmember Roush asked that the Plains be allowed to answer the question regarding foods /apparatus. Brent Pillaring described the ventilation system, which is a three - tiered system, general hood ventilation over some of the main equipment, and two special units, a wood -fired grill, which takes a special blast fan just to get the smoke up and out of the kitchen and a direct vent chimney, which comes off the wood - burning pizza oven. He said since the systems would be going up three floors, it is believed the odors will be dispersed so they won't be just dumped into the neighborhood. He said they are looking at installing an upgraded double -V baffle in the filters, the next step up from the standard ventilation system in a commercial kitchen. Regarding smoke issues, he said they burn special wood, which burns very hot and clean; when the oven is started in the morning, there is a little puff of smoke as it gets going and clears the flue through the chimney, but said throughout the day. people shouldn't notice any smoke because the wood burns so clean. He pointed out the chimney at another establishment they own is only one -story high and they have had no complaints from neighboring businesses or homeowners; this chimney will be three times that height. On a question by Councilmember Roush, Mr. Pilrain said they propose to have one fryer only, with more focus on the oven and grilled items. Councilmember Polehna said he has had several calls from folks who would like to take the family for a pizza after Pony football games and asked if the Pilrains are comfortable with the 10 p.m. last call deadline. Mr. Pilrain said they are trying to meet the needs and concerns of all people in the community and said they would defer to the Council's decision on what would be a fair closing time. Councilmember Gag said that was what the applicants indicated at the Planning Commission — that they would be willing to work within the given parameters; it was the Planning Commission that felt 10 p.m. would be too restrictive and possibly put the business at a competitive disadvantage and the Commission recommended the 10:30 p.m. closing for Friday and Saturday. Page 13 of 23 City Council Meeting September 7, 2010 On a question by Mayor Harycki, City Attorney Magnuson noted the proposed hours would be in the zoning ordinance and amending a zoning ordinance is difficult to do should the applicants wish to change the hours at some point in the future; he said the hours are in the ordinance to address the concerns about future owners and the vacant parcels that could be developed as restaurants. Councilmember Roush and Mayor Harycki noted that the Joint Board had similar concerns with an across - the -board 10 p.m. closing. Mayor Harycki asked the applicant if there is anything they could do to alleviate the parking concerns. Mr. Pilrain said there is an overflow parking lot which the City has an easement on; he said patrons of the tennis courts and sports field are welcome to use that lot, as well as their patrons so cars don't spill into the residential area. Councilmember Gag suggested perhaps posting a sign by the business entry asking patrons not to park on residential streets and he thought the Homeowners Association request is reasonable — that the issue be addressed if a problem develops in the future. Mr. Pilrain agreed that signage asking patrons not to use residential streets would be a good way to proceed. Councilmember Polehna asked about an agreement to use the veterinary hospital's parking lot; Mr. Pilrain said he thought that agreement had been finalized between the property owner and the owner of the vet hospital. Regarding the issue with odors, City Attorney Magnuson pointed out that is a classic example of a nuisance and if odors are really causing people to lose the enjoyment of their own property or decreases the market value of their property, the property owner has a private action against the creator of the nuisance. Later in the discussion, Mr. Turnblad pointed out that the business will be operating with a special use permit, so if smells become an issue, the Council can look at additional conditions for the special use permit. Regarding marketing, Mayor Harycki said he would be concerned with the definition of regional advertising. Councilmember Gag said he didn't believe as a government entity, the City should be restricting advertising. Councilmember Roush suggested that is dappling in the area of 1st amendment rights. Page 14 of 23 City Council Meeting September 7, 2010 There was discussion of the issue with allowing a "happy hour." Mayor Harycki said he understood the Homeowners Association position that they would like more of a restaurant and less of a bar there. Councilmember Gag pointed out there is already a requirement for the 60 -40 split for food to liquor sales. Regarding closing hours, Councilmember Roush asked about the average stay of patrons after last call for service. Mr. Pilrain said that would be difficult to say and said they would like to have some leeway so patrons can enjoy their meal /beverage in a leisurely way; he said they would be comfortable with the 10:30 closing (last call for service) on Friday and Saturday. On a question by Councilmember Cook, it was explained that a special use permit has been issued pending the rezoning and a special use permit can be reviewed upon complaint. There was some discussion of some of the language in the proposed zoning ordinance amendment regarding entertainment/music. Mr. Turnblad noted this is the first reading of the ordinance and the language can be tweaked somewhat before the second reading. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the first reading of the ordinance amending City Code Chapter 31, Section 31 -325 as presented. On a question by Councilmember Cook, Councilmember Roush read the language he moved to approve: "Gross receipts are at least 60% attributable to the sale of food. No live entertainment is permitted on the site than can be heard outside of the building. No live amplified outdoor entertainment is permitted. Hours of operation shall be limited to 6 a.m. to 10 p.m. Sunday through Thursday and 6 a.m.to 10:30 p.m. Friday and 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 p.m." Mr. Turnblad reiterated that the special use permit, which is outside of the motion for the ordinance amendment, addressed some of the other concerns discussed. There was additional discussion about the music /entertainment. Mayor Harycki said that he thought the desire was to allow a small speaker outside playing at a reasonable volume level; much like Liberty House Cafe has done in the past. There was discussion as to whether "live amplified" would prohibit a DJ. Page 15 of 23 City Council Meeting September 7, 2010 Councilmember Cook said she found the language confusing if it is to apply to future businesses as well. Mr. Magnuson suggested changing the wording to "live or amplified" outdoor entertainment is permitted. Councilmember Roush amended his motion to include that language change; the Councilmember Polehna agreed to the amended motion. Councilmember Roush pointed out that would eliminate outdoor "music." It was agreed to have Mr. Turnblad wordsmith the motion to reflect the option for allowing a small speaker for the outdoor area for the second reading. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 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 CaII) Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -134, approving the Issuance of a New On -Sale and Sunday Liquor License (Patriot's Tavern). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmembers Polehna expressed his appreciation for the cooperation shown in the process of moving this project forward. UNFINISHED BUSINESS Live Music on Deck — American Legion (see August 17, 2010 minutes) Claudia Mechelke and Brent Banchy were present representing the American Legion. Ms. Mechelke presented a petition signed by people in support of the request; she noted that some of the highlighted signatures were from people who live within a four -block radius of the Legion. Ms. Mechelke pointed out that other signatures in support of the request were from people who live as far away as Minneapolis who come into town, spend money here and enjoy the music on the deck. Councilmember Cook noted in the last public hearing, the process for getting approval of a restaurant involved quality of life issues from restricting parking to smells and music. Councilmember Cook said those residents have the advantage of an organization that can pull together people quickly and work together on an agreement. Unfortunately, she said, when folks live in a more urban setting, closer to the downtown, residents don't have that cohesive kind of Page 16 of 23 City Council Meeting September 7, 2010 group. Councilmember Cook said people have continued to contact her and indicate that this is an issue for them and they feel very strongly about the Council protecting people's right to some peace and quiet as much as other people's right to play music. Councilmember Cook said the issue is not with the Legion, it is with the compromise to turn the volume down. Mr. Banchy said since the last meeting, the Legion has redirected the speakers to face east and has turned the volume down and that he has learned subsequently that they are not the only music venue in the area, citing the library as an example of where music is being played for weddings, etc. Mr. Banchy suggested the problem may be a combination of venues playing simultaneously. Ms. Mechelke questioned why the Legion is being brought to task and not the other venues, such as the library. Councilmember Cook pointed out the library has been the subject of hearings with the neighbors. Councilmember Gag said he thought the Legion was being brought to task because it did not have the necessary permit. Mr. Banchy said since the last meeting, he has been super sensitive about the music because he does not want to jeopardize the ability to have music on the deck and has asked that the volume be turned down; he said the Legion is doing what it can to minimize the impact on the neighborhood. He said there are likely only one or two weekends left this season and that the Legion's 90th anniversary will take place on September 19 but it is uncertain whether there will be music or not. Mayor Harycki said he thought some progress has been made since the last meeting and the Legion has taken some steps to try to improve the situation. Mayor Harycki suggested that the Legion send somebody to the parking ramp when the band starts playing and if the music can be heard plainly, and then turn the volume down. Councilmember Gag pointed out these are the same conversations that have taken place in the previous discussions about the issue and he thought it was difficult to single out the Legion, except for the fact that it hasn't yet obtain the required special use permit. Councilmember Gag pointed out that when the request for the special use permit is heard by the Planning Commission, a public hearing will take place, the same process that other downtown venues have had to go through. Councilmember Gag invited all interested persons to attend the Planning Commission's public hearing on this matter. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the final two dates of the season, September 19 and 26, pending the Planning Commission's decision regarding the 2011 season. Page 17 of 23 City Council Meeting September 7, 2010 Councilmember Gag clarified that the hours would be 4 to 8 p.m. Councilmember Gag said he would clarify the hours at the Planning Commission's discussion. Councilmember Polehna urged the Legion to keep the volume under control. Motion passed 4 -1, with Councilmember Cook voting no. Possible approval of findings of fact for Trom variance appeal denial City Attorney Magnuson said he believed the proposed findings of fact accurately reflect the Council's action in the straw vote taken at the previous meeting. Mayor Harycki asked if the findings reflect that Council's action to deny without prejudice. Mr. Magnuson replied in the affirmative. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -135, Approval of findings of fact for Trom variance appeal denial Councilmember Roush noted that he voted against denial during the Council's consideration of the request and wondered whether a similar vote on the findings would have any impact on the applicant's standing. Mr. Magnuson said the no vote would not have an impact as approval requires only a simple majority and would be consistent with Mr. Roush's last vote. Ayes: Councilmembers Cook, Gag and Polehna Nays: Councilmember Roush and Mayor Harycki NEW BUSINESS Possible 1st reading of Ordinance 1020, an ordinance regulating Subsurface Sewage Treat Systems in the City of Stillwater City Attorney Magnuson explained that on September 23, 2009, Washington County adopted a model code as required by the Minnesota rules. He said the model code modernized the regulations for on -site septic systems. He stated that there are still a number of on -site septic systems in the City and that communities are required to adopt the regulations by their own means within one year after the adoption of the County model code or the model code becomes the operative regulations in a community. Mr. Magnuson said this is a standard ordinance to adopt the official code of Washington County as the City's own; and that it clears up the authority and regulations for the systems. He said the regulations allow the on -site septic systems to continue to be used if they are not harmful to the environment; he said it relaxes the standards for some of the older systems that are still functioning well so they can be maintained until the system fails. On a question by Councilmember Roush, Mr. Magnuson said this would not involve any additional expense to the City. Page 18 of 23 City Council Meeting September 7, 2010 Motion by Councilmember Roush, seconded by Councilmember Gag to approve the first reading of Ordinance 1020, an ordinance regulating Subsurface Sewage Treat Systems in the City of Stillwater. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Discussion on Commission Openings City Administrator Hansen noted the Human Rights Commission is three members short, Parks is one voting member short and Planning Commission is two voting members short. He said City Clerk Ward has indicated that the Planning Commission, which consists of nine members, is always short of membership and she suggests that going to a seven - member body might be easier to support a full complement of members. Mr. Hansen noted going to a seven - member Planning Commission would require an ordinance change. He noted that City Clerk Ward is also suggesting that consideration be given to eliminating the Human Rights Commission as there is a state Human Rights Commission for people to go to with complaints /concerns. Mr. Hansen said if the Council desires, he could contact the City's Human Rights Commission to gauge their feelings on possibly eliminating the City's group. Councilmember Roush suggested that places might be found for the current Human Rights Commission members on other City commissions. Councilmember Polehna noted that one Human Rights Commission member recently resigned because he wanted to be more involved. On a question by Mayor Harycki, City Attorney Magnuson stated the Human Rights Commission was established by ordinance, not by the City Charter. Councilmember Polehna, who is the Council liaison, said there are not a lot of issues being brought to the Human Rights Commission, so the Commission has changed its focus to sponsoring speakers, ADA issues, etc.; and that the problem has been the lack of issues to discuss and members want more action. It was consensus to have City Administrator Hansen contact the Commission members by telephone to get input on the issue. Mr. Hansen said City Clerk Ward has put together an amendment to the ordinance to reduce the Planning Commission to seven members for the Council's consideration. Councilmember Roush asked Councilmember Gag, liaison to the Planning Commission, whether he thought there was any difference in the quality of input given by nine versus seven members. Page 19 of 23 City Council Meeting September 7, 2010 Councilmember Gag said there have been many times when there have been lots of applicants to fill the nine positions, noting that the City went to interviewing because there were so many applicants in the past. Councilmember Gag said he thought a Commission of nine members was good, noting there is a lot of material and times when sub - committees are formed. Councilmember Roush said he thought the City should strive for the nine members as is provides more insight and better representation of the sentiments of the community. Councilmember Polehna spoke in favor of more equal representation of wards on the Commission, noting that if membership is reduced to seven, that would be more difficult to achieve. It was consensus to leave the Planning Commission at nine members. Possible approval of Take Me to the River Festival — ArtReach St. Croix City Administrator Hansen reviewed the special event request. He said the request has gone through the normal review process. He said the request is before the Council because it involves usage of Lowell Park; he noted the request involves only one hour of use and doesn't require a lot of City resources. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the event. All in favor. 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 There was discussion of ways to deal with the health insurance shortfall. Mr. Hansen pointed out the City is above the 50% level in reserves and said he thought use of some of those funds would be appropriate; he also noted there is $100,000 budgeted for seal coating that likely will not be used. Mayor Harycki reviewed the Council's previous decisions regarding the budget and the last minute gap that has occurred due to a higher than anticipated increase in health insurance rates. Finance Director Harrison said the final budget will reflect the levy amount adopted by the Council; she stated a levy amount of $10,158,367 is what the Council decided upon at the August 24 budget meeting. Mayor Harycki suggested that $28,000 of the insurance shortfall be taken from reserves and the remainder from the seal coat budget. Councilmember Polehna expressed concern about taking money from the seal coat budget as that is a program the City may want to put back the following year; he asked for a recommendation from Mr. Hansen. City Administrator Page 20 of 23 City Council Meeting September 7, 2010 Hansen said he thought this proposal would be fine, but noted that what the City has done in the last three budget years is not necessarily sustainable for the future and that the City cannot not sell a bond issue every year and can't keep laying people off. City Administrator Hansen said he thought it would be better not to raise taxes this year and hopefully do that when the economy is in better shape. Mayor Harycki pointed out that there is an issue with seal coating as it seems to cause some deterioration of the top portion of the pavement, so the decision was to leave the $100,000 in the budget for seal coating but not spend it until it is determined whether the process is harming the pavement. Councilmember Gag pointed out this is an issue related to the City's overall street maintenance plan — where to get the money to continue to maintain the street system. Mayor Harycki pointed out that if the $100,000 for seal coating isn't spent this year it would roll over into reserves for the following year, so the end result would be the same — the reserve fund would be down $28,000. Councilmember Gag said he was comfortable with how the Council arrived at the numbers it did. ' Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -137, adopting the proposed tax levy for the payable year 2011. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Councilmember Cook stated that she voted no because she does not support the tax levy for the armory. Finance Director Harrison said she would fill in the numbers for the proposed budget based on the adopted levy and the decisions made tonight on the health insurance. She said the Council needed to vote on the budget as it must be sent to the County by September 15, but said she could bring the final numbers back to the Council. She said the vote will be to approve revenues and expenditures that reflect the $10,158,367 levy. Councilmember Cook asked whether the armory is included in this vote; Ms. Harrison said the armory is only included in the levy vote. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -138, adopting the proposed budget for the year 2011. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: Councilmember Roush Page 21 of 23 City Council Meeting September 7, 2010 Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -139, Setting payable 2011 Truth -N- Taxation Pubic Hearing, for 7 p.m. Tuesday, December 7. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Cook spoke of the situation regarding vendors in the downtown area and asked for a report on the situation, whether the vendors are permitted. Chief Gannaway said the late night downtown vendors do have special use permits. City Administrator Hansen said allowing vendors to operate during the 4th of July has been practice over the past 10 or 15 years; it was noted that vendors are part of the annual application for the Car Show. Councilmember Polehna provided an update on the Yellow Ribbon Network. He said a joint program is planned with Trinity Lutheran Church for Veterans Day, and that he would be coming back to the Council with a request for a motion in support of the Red Bulls. He provided pins and stickers for the Council in recognition of their previous support. City Administrator Hansen reminded the Council it would be adjourning to executive session. ADJOURNMENT to Executive Session to discuss labor relations Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to adjourn to executive session at 9:37 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2010 -129, directing payment of bills Resolution 2010 -130, approval of ICMA -RC Managed Account agreement Resolution 2010 -131, accepting and approving the quote from Natural Resource Group Inc. Resolution 2010 -132, approval of Flood Hazard Mitigation Grant Agreement with the State of Minnesota, Department of Natural Resources Resolution 2010 -133, resolution amending Resolution 2010 -95, Appointing Election Judges and Fixing Compensation Page 22 of 23 City Council Meeting September 7, 2010 Resolution 2010 -134, License (Patriot's Tave Resolution 2010 -135, Resolution 2010 -136, Resolution 2010 -137, Resolution 2010 -138, Resolution 2010 -139, approving the Issuance of a New On -Sale and Sunday Liquor rn). Approval of findings of fact for Trom variance appeal denial NOT USED adopting the proposed tax levy for the payable year 2011. adopting the proposed budget for the year 2011. Setting payable 2011 Truth -N- Taxation Pubic Hearing Page 23 of 23 RECORD OF EXECUTIVE SESSION Date convened: Tuesday, September 7, 2010 Time convened: 9:40 p.m. Time adjourned: 9:53 p.m. Members Present: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Members Absent: None Also present: City Administrator Hansen, City Attorney Magnuson Purpose: Labor Negotiations The City Council met in executive session to discuss labor negotiations. City Administrator Hansen presented a proposed contract settlement for AFSME of Minnesota Council Nol. 5 Local 517 AFL -CIO. Mr. Hansen reviewed the provisions of the contract, highlighting the wages, health insurance premiums and work schedule provisions. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -140, approval of Labor Agreement between the City of Stillwater and the AFSCME MN Council 5 Local 517 AFL -CIO. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Adjournment: Motion by Councilmember Gag, seconded by Councilmember Polehna to adjourn at 9:53 p.m. Ken Harycki, Mayor ATTEST: Larry D. Hansen, City Administrator Resolution 2010 -140, approval of Labor Agreement between the City of Stillwater and the AFSCME MN Council 5 Local 517 AFL -CIO. RESOLUTION 2010 -141 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $544,252.39 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 21st day of September, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -141 3M Abbott Paint Ace Hardware Action Rental, Inc. Adolfson & Peterson Construction Al's Coffee Company Aramark Uniform Services Armor Security Inc. Aspen Mills B & B Products /Rigs and Squads Batteries Plus Berwald Roofing Company, Inc. Bell's Trucking Boeke, Nicolas Bornt, Rich Bryan Rock Products, Inc. C -Aire, Inc. Carquest Auto Parts CATCO Parts and Service Clark, Luann Cole Papers Cub Foods Election Systems & Software, Inc. Fed Ex Gateway Cycle GFOA Gopher State One Call, Inc. Grainger Grand Prix Vending Hagen, Mike Hansen, Larry J.H. Larson Electric L & D Sign Lake Elmo Sod Farm, LLC Loffler Companies, Inc. Mac Queen Equipment Inc. Magnuson Law Firm Menards MN Dept of Labor & Industry MN State Fire Chiefs Assn MN State Treasurer Municipal Code Corp. Office Depot Oxygen Service Company, Inc. Green Sign Film Paint Equipment Repair Supplies Catch Basin Repairs Final Payment, Retainage Concession Supplies Mats, Towels, Janitorial Supplies, Uniform Cleaning Monitoring Service 207 Nelson St. E Uniform Supplies Strobe Repair Battery 49 Ray Max Reroof 3 Lift Stations Calibre Pond Excavation Park Deposit Refund Network Wiring Parts to Support New Phone Gravel Air Strainer Filter Equipment Repair Supplies Equipment Repair Supplies Cleaning At City Hall Janitorial Supplies Food for Commission Picnic Transfer Case Shipping Police Bicycle, Black Trek Membership August 2010 Billable Tickets Equipment Repair Supplies Concession Supplies Reimburse for 1/2 Footwear Reimburse for Beverages for Commission Picnic Light Bulbs for Teddy Bear Park Electrician Charges /Light Bulbs Sod Firewall for Parking Ramp Computer Sweeper Brooms Professional Services Equipment Repair Supplies Pressure Vessel, Boiler License Conference Fees 10% of Forfeiture Seized Supplement #37 Office Supplies Safety Equipment 577.13 31.63 56.85 593.16 270,999.50 758.90 727.76 89.78 9.51 240.99 208.38 37,941.00 25,813.50 100.00 19.63 22.81 43.77 411.07 185.56 867.50 556.88 421.63 96.50 29.47 999.99 190.00 340.75 602.45 99.70 74.37 64.23 169.28 2,542.97 23.24 168.75 6,263.56 6,626.83 380.46 100.00 350.00 594.84 677.16 295.48 167.13 EXHIBIT " A" TO RESOLUTION #2010 -141 Page 2 Paulson & Clark Engineering, Inc. Sensible Land Use Shred -it St. Croix Boat & Packet Co. St. Joseph Equipment Standard Spring Parts Stillwater Country Club Stillwater Motor Company Stillwater Printing Co. Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky & Sons, Inc. Telemetry and Process Controls The Alternator & Starter Store Toll Gas & Welding Supply Tri State Bobcat, Inc. University of Minnesota UPS US Postal Service Vermeer Sales and Service Viking Industrial Center Washington County Attorney Washington County Property Records Washington County Sheriffs Office Water Works Irrigation LLC Wigstrom, Cathy Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks, LLC Library Ace Hardware Aramark Uniform Services Art Reach Alliance Baker & Taylor Baker & Taylor, Inc. Baudette, Michelle Budget Lighting, Inc. BWI Book Wholesalers Johnson, Alec T MN Dept of Labor & Industry MN Office Of Enterprise Technologies System Designer /Drafter, Sr. Systems Designer Conference Fees Shredding Fees August 2010 Billing Equipment Repair Supplies Springs, Bolts, Pins and Hangers Refund Landscape Escrow Vehicle Repair Charges Flyer Printing Relocate Cars Publications Retiree Health Insurance Asphalt and Tack Oil On Site Service Repair Starter Parts Acetylene Equipment Repair Supplies Conference Fees Postage Postage Throttle Minor Equipment 20% of Forfeiture Seized Recording Of Documents Lumberjack Days Patrol /Dispatch Irrigation System at Legends Park. Refund Park Deposit Tires invoice 124 - 1052889 Fuel Telephone Janitorial Supplies Rug and Towel Service Art Attack Supplies Books, Reference Materials, Audio /Visual Books, Reference Materials, Audio /Visual Professional Services Light bulbs Children's Books Professional Services Boiler License Telephone 420.00 48.00 62.70 42,694.09 345.82 1,696.38 2,400.00 36.71 117.84 150.00 150.66 42,306.32 2,055.00 145.00 160.31 156.45 744.46 575.00 6.33 5,000.00 88.44 849.66 594.84 288.00 6,414.95 12,016.00 100.00 1,456.78 3,610.45 625.49 26.18 63.21 65.00 604.58 2018.92 60.39 249.12 583.74 46.18 10.00 333.99 EXHIBIT " A" TO RESOLUTION #2010 -141 Page 3 Peterson, Andrew D. Pinnacle Building Services Quill Corporation Rosentreter, Hannah Van Paper Company Washington County Library ADDENDUM A -1 Aramark Board of Water Commissioners Cole Papers Fury Dodge ITL Patch Company, Inc. Johnson, Ron L -3 Communications League MN Cites Office Depot Qwest Shred -It Siegel, Courtney Stillwater Towing Streicher's Uniforms Unlimited, Inc. West Information Charges Xcel Adopted by the City Council this 21st Day of September, 2010 Professional Services Window Cleaning Office Supplies Professional Services Paper Products Telecommunications Lawn Care Mats Augues WAC & Meter Charges Janitorial Supplies Vehicle Repair Charges Embroidered Emblems Equipment Repairs Professional Services Membership Dues Office Supplies Telephone Professional Shredding Park Fee Refund Towing Charges Ammunition Taser Clear Investigator Electricity & Natural Gas 78.16 750.00 263.84 28.42 435.41 765.00 160.31 28.05 11,286.00 556.88 591.57 154.76 143.83 107.53 13,159.00 125.03 399.58 62.70 100.00 90.84 484.45 865.63 88.94 22,615.37 544,252.39 Community Movie Tour Book Agreement CGI Communications, Inc. 130 East Main Street, 8th Floor Rochester, NY 14604 800 - 398 -3029 phone 866 - 429 -8611 fax Name: Larry Hansen Title: City Administrator Address: 216 Fourth Street North City, State, Zip: Stillwater, MN 55082 Phone: 651 - 430 -8801 Email: lhansen@astillwatermn.us Website: www.ci.stillwater.mn.us This agreement is between CGI Communications, Inc. and the City of Stillwater and shall remain in effect from the date it is signed by both parties until the third anniversary of the date that the completed and approved Community Movie Showcase is made available for viewing via a link on the www.ci.stillwater.mn.us- website homepage for viewer access. The term of this agreement shall automatically renew unless either party gives 60 days written notice of termination or modification prior to expiration. CGI Communications, Inc. and its eLocalLink division shall provide a Community Movie Showcase as follows: • Website Welcome video from your Mayor or other civic leader and an Education, Quality of Life, and Real Estate /Relocation video (approx. 1 minute in duration) • Up to 2 additional videos to showcase various aspects of your community and /or organization (providing a total of six 1 minute community highlight videos) • Script writing and video content consultation • A videographer will come to your location to film videos • All aspects of video production and editing, from raw footage to final video including professional voiceovers and background music • Final draft of Community Movie Showcase content subject to your approval • Patent - pending OneClickTM Technology and encoding of all videos into multiple streaming digital formats to play on all computer systems, browsers, and Internet connection speeds; recognized player formats include WindowsMedia® and QuickTime® • Store and stream all videos on CGI's dedicated server • Business sponsors allowed on the perimeter of video panels • Duration of sponsor participation will be one year and eLocalLink is solely responsible for annual sponsorship fulfillment including all related aspects of marketing, production, printing, and distribution • Viewer access of the Community Movie Showcase from your website shall be facilitated by eLocalLink providing HTML source code for graphic Zink to be prominently displayed on the www.ci.stillwater.mn.us website homepage • eLocalLink will own copyrights of the master Community Movie Showcase • The City of will assume no cost or liability for this project Program Add -On if signed and received by 09/24/10: • Encoding, hosting, and streaming of additional 5 minutes of video per month. Finished video content will be provided to CGI by the City of Stillwater, MN, US •SmartTrackTM measurement and trackability The City of Stillwater, MN shall provide the following: • A letter of introduction for the program on your organization's letterhead • Assist with the content and script for the Community Movie Showcase • Agrees to give eLocalLink the right to use organization's name in connection with the preparation, production, and marketing of the program set forth herein only • Agrees to display the "Video Tour Book" link to be no less than 155 by 400 pixels prominently on the www.ci.stillwater.mn.us website homepage for the term of this agreement • Provides eLocalLink exclusive streaming video rights for the program described herein only We, the undersigned, understand the above information and have full authority to sign this agreement. The City of Stillwater, MN, US CGI Communications, Inc. Signature: Signature: Name (printed): Name (printed): Nicole Rongo Title: Title: Marketing Manager Date: Date: 09/10/10 RESOLUTION 2010 -143 APPROVAL OF THE COMMUNITY MOVIE TOUR BOOK AGREEMENT WITH CGI COMMUNICATIONS, INC. BE IT RESOLVED by the City Council of Stillwater, MN that the Community Movie Tour Book Agreement between City of Stillwater and CGI Communications, Inc., as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 21st day of September, 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -141 3M Abbott Paint Ace Hardware Action Rental, Inc. Adolfson & Peterson Construction Al's Coffee Company Aramark Uniform Services Armor Security Inc. Aspen Mills B & B Products /Rigs and Squads Batteries Plus Berwald Roofing Company, Inc. Bell's Trucking Boeke, Nicolas Bornt, Rich Bryan Rock Products, Inc. C -Aire, Inc. Carquest Auto Parts CATCO Parts and Service Clark, Luann Cole Papers Cub Foods Election Systems & Software, Inc. Fed Ex Gateway Cycle GFOA Gopher State One Call, Inc. Grainger Grand Prix Vending Hagen, Mike Hansen, Larry J.H. Larson Electric L & D Sign Lake Elmo Sod Farm, LLC Loffler Companies, Inc. Mac Queen Equipment Inc. Magnuson Law Firm Menards MN Dept of Labor & Industry MN State Fire Chiefs Assn MN State Treasurer Municipal Code Corp. Office Depot Oxygen Service Company, Inc. Green Sign Film Paint Equipment Repair Supplies Catch Basin Repairs Final Payment, Retainage Concession Supplies Mats, Towels, Janitorial Supplies, Uniform Cleaning Monitoring Service 207 Nelson St. E Uniform Supplies Strobe Repair Battery 49 Ray Max Reroof 3 Lift Stations Calibre Pond Excavation Park Deposit Refund Network Wiring Parts to Support New Phone Gravel Air Strainer Filter Equipment Repair Supplies Equipment Repair Supplies Cleaning At City Hall Janitorial Supplies Food for Commission Picnic Transfer Case Shipping Police Bicycle, Black Trek Membership August 2010 Billable Tickets Equipment Repair Supplies Concession Supplies Reimburse for 1/2 Footwear Reimburse for Beverages for Commission Picnic Light bulbs for Teddy Bear Park Electrician Charges /Light Bulbs Sod Firewall for Parking Ramp Computer Sweeper Brooms Professional Services Equipment Repair Supplies Pressure Vessel, Boiler License Conference Fees 10% of Forfeiture Seized Supplement #37 Office Supplies Safety Equipment 577.13 31.63 56.85 593.16 270,999.50 758.90 727.76 89.78 9.51 240.99 208.38 37,941.00 25,813.50 100.00 19.63 22.81 43.77 411.07 185.56 867.50 556.88 421.63 96.50 29.47 999.99 190.00 340.75 602.45 99.70 74.37 64.23 169.28 2,542.97 23.24 168.75 6,263.56 6,626.83 380.46 100.00 350.00 594.84 677.16 295.48 167.13 EXHIBIT " A" TO RESOLUTION #2010 -141 Page 2 Paulson & Clark Engineering, Inc. Sensible Land Use Shred -it St. Croix Boat & Packet Co. St. Joseph Equipment Standard Spring Parts Stillwater Country Club Stillwater Motor Company Stillwater Printing Co. Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky & Sons, Inc. Telemetry and Process Controls The Alternator & Starter Store Toll Gas & Welding Supply Tri State Bobcat, Inc. University of Minnesota UPS US Postal Service Vermeer Sales and Service Viking Industrial Center Washington County Attorney Washington County Property Records Washington County Sheriff's Office Water Works Irrigation LLC Wigstrom, Cathy Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks, LLC Library Ace Hardware Aramark Uniform Services Art Reach Alliance Baker & Taylor Baker & Taylor , Inc. Baudette, Michelle Budget Lighting, Inc. BWI Book Wholesalers Johnson, Alec T MN Dept of Labor & Industry MN Office Of Enterprise Technologies System Designer /Drafter, Sr. Systems Designer Conference Fees Shredding Fees August 2010 Billing Equipment Repair Supplies Springs, Bolts, Pins and Hangers Refund Landscape Escrow Vehicle Repair Charges Flyer Printing Relocate Cars Publications Retiree Health Insurance Asphalt and Tack Oil On Site Service Repair Starter Parts Acetylene Equipment Repair Supplies Conference Fees Postage Postage Throttle Minor Equipment 20% of Forfeiture Seized Recording Of Documents Lumberjack Days Patrol /Dispatch Irrigation System at Legends Park. Refund Park Deposit Tires invoice 124 - 1052889 Fuel Telephone Janitorial Supplies Rug and Towel Service Art Attack Supplies Books, Reference Materials, Audio /Visual Books, Reference Materials, Audio /Visual Professional Services light bulbs Children's Books Professional Services Boiler License Telephone 420.00 48.00 62.70 42,694.09 345.82 1,696.38 2,400.00 36.71 117.84 150.00 150.66 42,306.32 2,055.00 145.00 160.31 156.45 744.46 575.00 6.33 5,000.00 88.44 849.66 594.84 288.00 6,414.95 12,016.00 100.00 1,456.78 3,610.45 625.49 26.18 63.21 65.00 604.58 2018.92 60.39 249.12 583.74 46.18 10.00 333.99 EXHIBIT " A" TO RESOLUTION #2010 -141 Page 3 Peterson, Andrew D. Professional Services 78.16 Pinnacle Building Services Window Cleaning 750.00 Quill Corporation Office Supplies 263.84 Rosentreter, Hannah Professional Services 28.42 Van Paper Company Paper Products 435.41 Washington County Library Telecommunications 765.00 (II iwal! Memo Of MINNESOTA To: Mayor and City Council From: Tim Moore, Assistant Public Works Superintendent�"�; / Date: Septemberl6, 2010 �l Re: Improvements to Lily Lake Picnic Shelter BACKGROUND The Lily Lake Picnic Shelter has a roof constructed of asphalt shingles and is in bad shape. Additionally many shingles have been removed from vandalism. The roof is approximately 25- 30 years old. DISCUSSION Quotes were received from Cates Fine Homes and Valley Concrete, Inc. and JB Contracting to tear off and re -roof with metal. The quotes are: Cates: $5,862.00 Valley Concrete: $40,286.00 (including bathroom upgrades also) JB Contracting $2,600.00 At the August 23, 2010 Parks and Recreation Commission meeting the commission reviewed three quotes to furnish and install a new metal roof at the Lily Lake Picnic Shelter. The commission recommended approval of replacing the picnic shelter roof with metal with JB Contracting for $2,600.00. STAFF RECOMMENDATION Approve replacement of the picnic shelter roof with metal with JB Contracting for $2,600.00. This will be funded with capital outlay carry over. Public Works CIP Funds 2011 CIP Streets Machinery & Equipment Possible Skid Steer Replacement $2140 in 2012 $169,750 in reserves towards the future purchase of a Hook Truck with Snow Equipment and Hot Box (estimated cost of $255,000) 2006 unspent - $8,900 2008 unspent - $3,300 Lawn Tractor - $45,000 2011 Parks Machinery & Equipment Total $57,200.00 or $49,000.00 Will request to spend $57,200 in 2010 and 2011 for possible purchase of: Lawn Tractor - $36,5500 (2011) Landscape Trailer - $3200.00 (2010) Utility Tractor & Broom - $21,000 (2010) Total $60,750.00 Public Works Proposes to share the tool cat with the Rec. Center and use part of the Rec. Center's Budget to purchase the utility tractor & broom. This will allow the Rec. Center to better maintain the outdoor skating this winter and give the parks department a more versatile piece of equipment that can be used all year around. The Rec. Center will need a little money to upgrade a storage facility on site for the tool cat in the winter. 2011 Park Improvements Park Improvements - $141,150 or $150,350 Total $195,500 Work to be done this year: Will request to spend $145,000 in 2010 and 2011 for improvements to: Ramsey /Grove Play Equipment - $30,000 2010 or 2011) Lily Bathroom & Picnic Shelter (exterior walls/ re -roof) - $40,000 (2011) Northland Park Warming House re -roof & Move - $45,000 (2011) Triangle Park Play Equipment - $30,000 (2010 or 2011) Balance of $5350 keep in reserve for other improvements that may be needed 2011 Sanitary Sewer Improvements Lift Station Improvements — $192,200 Reline Sanitary Trunk Sewers - $600,000 Lift Station work that should be done in 2010 and 2011: Possible Seal and water proof Marine Circle and Mid Oaks Dry Wells - $20,000 (2011) Sewer Chewer and by -pass manhole at Nelson Street - $75,000 (2010) Re -Roof Nelson St, Aiple, and Brick St. Lift Stations — under contract $36,375 By Pass Manholes at Marine Circle and Mid Oaks - $44,000 (2011) Total $175,375 Reline Trunk Sewers in the Downtown, main line along Lily Lake $600,000 J.B. J.B. CONTRACTING, Brad Swager 7730 Minar Ln. N. Stillwater MN.55082 MN. Contractors # 20063837 Cell # 651- 329 -1647 To: City of Stillwater Parks Dept. QUOTE Quote #1 Date:Aug 23/2010 Customer ID: Ship To: Lily Lake Picnic Shelter Item Description Picnic shelter roof Remove existing shingles, Install ice and water shield and standing seam metal roof. All labor and materials. 2,600.00 * NOTE THIS IS ONLY A ESTIMATE UNTIL FINAL PLANS AND SPECS ARE DONE * Valley Concrete, Inc MN #20634554 Owner: John Heinlein 7755 Leeward Avenue North Stillwater, MN 55082 Phone: 651- 439 -4711 Fax: 651 -439 -6043 E -Mail: vciusa@aol.com LEED No: 105868 Name / Address City of Stillwater Attn : Tim Moore Lilly Lake Date Proposal # 7/29/2010 5249 Project Description 5249 - Bathroom Building - Remove existing sheeting - New exterior sheeting - Manufactured stone or real stone: Stone allowance is $6 per square foot for flats. - Stone Columns - New metal roof: Demo and remove existing shinggles, install new layer of Ice and Water shield. Install costum standing scam metal roof and related accessories. Material to be 24 GA painted steel with kynar finish from firestone unaclad standard color selections, owner to select color. To view color choices go to : www.unaclad.com Material 24 GA painted steel. - New soffiet and Fachia - New roof at shelter - Block repair of existing block - Building Permit - Dumpster Bid Price = $ 40,286.00 * * * * *WE PRELEIN ALL JOBS * * * ** *By signing this proposal, you agree with our "Terms and Conditions ". *This proposal is valid for 30 days, thereafter prices are subject to change without notice. *We recommend that a sealer be applied to concrete surfaces for further protection due to MN/ WI weather conditions, we can't guarantee against concrete from cracking. ***ENVIRONMENTALLY RESPONSIBLE CONTRACTOR Signature Total $40,286.00 08/12/2010 13:12 FAX 651 555 5555 CATES FINE HOME 0003/0004 ee4Ifte7 10 pai .August 12, 2010 City of Stillwater 216 N 4th Street Stillwater, MN 55082 proud builder + remodeler since 1970 Lily Lake picnic table roof: • Remove existing roofing • Supply and install Image 2 standing seam metal roof with matching metal fascia All of the above work to be performed in substantial workmanlike manner for a total sum of: $ 5,862.00 Payments to be made as follows: $2,000.00 down and balance upon completion. MECHANIC'S LIEN NOTICE: The OWNER acknowledges that simultaneously with the execution of this agreement that he /she received all written notices required under M.S.A. 514.011 (Notice of Intention to File Mechanic's Lien). ATTENTION OWNERS A. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. B. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM YOUR CONTRACTOR PRICE; OR WITHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER THE COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 2000 industrial boulevard . stillwater, minnesota 55082 . p 651.439.2844 - f 651.430.2922. catesfinehomes.com . mn lie no. 20533260 Washington .-= County September 3, 2010 Larry Hansen City Administrator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Dear Administrator Hansen: Property Records and Taxpayer Services Department Kevin Corbid Director Washington County, through its Assessor's Office, currently provides property valuation services to your community through an agreement or contract for services. In reviewing our agreements and contracts for this service we have found that many of the agreements were signed years ago and are in need of updating to better reflect the services that are being provided by the County Assessor's Office to your city or township and your property owners. We have developed a standard agreement for services and are requesting that your city council or township board review this agreement and consider taking action to approve the contract. If you have any questions or concerns regarding this draft contract you can contact either Bruce Munneke, County Assessor at 651 - 275 -8761 or myself at 651- 430 -6182. If you would like us to come out and visit with your council or board we are more than willing to do that as well. I think you will find this draft agreement accurately reflects the services we are currently providing. It is not intended to change any services or procedures, but only to provide updated agreements for both the city or township and the county. I will walk through the key elements of the proposed contracts: Section 1 This section establishes the contractual agreement between the city /township and the County. Section 2 This section contains the list of services provided by the county related to property valuation and classification. Key items include the physical review of property, responding to concerns and questions from property owners and the city /township, staffing a local board or open book appeals meeting, the performance of sales analysis, and the managing and defending all values in tax court. Section 3 This section establishes the fee for assessing services. As is our current practice, the county board considers any changes to the fee schedule on an annual basis. The county provides an estimate of the following year's assessment fee in September of each year and also notifies the communities of any proposed increased in the fees the Board may be asked to consider. The county sends a bill for Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082 -0006 Phone: 651 - 430 -6175 • Fax: 651 - 430 -6178 • TTY: 651 - 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action services in June of each year and payment is due in July following the first half settlement of property tax receipts. Section 4 This section states the assessor and county staff are considered independent contractors of the community and not an employee of the community. Section 5 This section establishes the term of the contract as being for 5 years. If a different term is desired please let us know. Section 6 This section provides for the termination of the contract by either party with a 90 day notification to the other party prior to the July 1 anniversary date of the contract. We appreciate the opportunity to provide assessing services to you and your property owners. Again, if you have any questions, please feel free to contact either Bruce or I. S' rely, Kevin C Directo Enc. — Draft Contract AGREEMENT FOR ASSESSMENT SERVICES THIS AGREEMENT, made and entered into this day of , by and between the City of Stillwater, Washington County, Minnesota, herein referred to as "City ", and Washington County, 14949 62nd Street North, Stillwater, MN 55082 herein referred to as "Washington County ". WITNESS: WHEREAS, the City desires to retain Washington County and the Washington County Assessor to perform assessment services for the City; and WHEREAS, Washington County desires to perform assessment services required by the City; and WHEREAS, the City and the Washington County deem it mutually advantageous to set forth the terms and conditions of their relationship in writing; NOW, THEREFORE, the parties hereto agree that the following shall constitute joint agreement for assessment services: SECTION ONE - PARTIES The City hereby contracts with Washington County to perform, and Washington County here by agrees to perform, the assessment services hereinafter described. SECTION TWO- SERVICES Washington County Assessor shall perform all assessment services required by state statute and the City. Such services shall include, but are not limited to the following: • Appraise and classify all real and personal property located within the community. • Interpret statutes, regulations, and legislative changes relating to property classification and valuation to the City Council /Town Board, realtors, bankers, citizens and civic groups as necessary or upon request. • Answer questions /concerns regarding property values, classification, appeal process and the appraisal process from property owners. • Draw and calculate "splits" of real estate reflective of ownership changes and/or physical change of real estate parcels. • Maintain a listing of the assessment of each and every parcel of property located in each community. • Each parcel of property within the City shall be physically inspected at least once every five years. • Dependent on the community preference, the property owners within the community will be provided with either several Open Book opportunities of appeal during the appeals period OR the County will staff an annual Local Board of Appeal meeting conducted by the City Council /Town Board. • Draw and interpret maps, charts and other descriptions to assist property owners in understanding the appraisal process. • Develop land and building valuation schedules, conduct statistical analysis to support appraisal decisions, and oversee Computer Aided Mass Appraisal system (CAMA) table adjustments. • Coordinate research of complex appraisal issues, review, investigate and make recommendations on applications for abatement or other reduction of assessed value. • Coordinate collection of sales information and annual assessment for all property uses. • Coordinate the valuation and classification of exempt properties, including interpreting statutes applying to exempt organizations and processing exemption requests. • Manage all state tax court petitions and coordinates TIF assessment functions within the community. • Provide values to city for various projects in which there may be an assessment agreement. SECTION THREE - CONTRACT PRICE The city shall pay a fee to the County each year for assessment services based on the number of taxation parcels in the City. The assessment fee schedule is approved by the county board each year and establishes the fee amount per type of parcel. The County will utilize the same fee schedule for all of its contract communities in the county. The County will send a bill for assessing services each June for field work that was performed the previous calendar year and for review of the assessment through the local appeals period. The County will provide the City an estimate of the upcoming year's fees on or around September 1 of each year. Washington County will provide a report of assessment activities (Assessment Report) each year prior to the appraisal review period. SECTION FOUR - INDEPENDENT CONTRACTOR It is understood and agreed between the parties that the Assessor is an independent contractor and not an employee of the City. The Assessor shall be responsible for furnishing its own transportation, books and any other documents or items of personal property required to perform the services. The City shall not be required to maintain any insurance coverage needed in connection with the performance of the Assessor's services, including but not limited to automobile liability insurance, workers compensation insurance and public liability insurance. SECTION FIVE -TERM OF CONTRACT This Agreement shall remain in full force and effect for a period of 5 years beginning on July 1 st,2011. SECTION SIX - TERMINATION CLAUSE At the option of either the City of Stillwater or Washington County, this agreement may be terminated with a 90 day notification to the other party, prior to each July 1St anniversary date during the term of the contract. Upon such termination, the City shall be liable for payment for all services rendered by Washington County related to the current assessment year. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. CITY OF STILLWATER WASHINGTON COUNTY By By Mayor County Board Chair By By City Administrator County Administrator Recommended By: Kevin Corbid Director, Property Records and Taxpayer Services Approved by: Approved as to form by: City Attorney George Kuprian Assistant Washington County Attorney RESOLUTION 2010 -142 APPROVAL OF AGREEMENT FOR ASSESSMENTS WITH WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, MN that the Assessment Agreement between City of Stillwater and Washington County, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 21st day of September, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Stillwater Fire Department Memo To: Mayor Harycki and Council Larry Hansen, City Administrator From: Stuart W. Glaser, Fire Chis� Date: September 16, 2010 Re: Apparatus Purchase Request Background City Council approved authorization to seek competitive pricing for the purchase of a new class A fire engine at the May 18, 2010 Council Meeting. The apparatus design committee has been working diligently over the past three months to develop a cost effective, functional class A fire engine for the City. The group investigated several purchasing options during the process including: 1. Manufacturers used vehicles (Demonstration units) 2 Manufacturers stock vehicles (Pre - fabricated vehicles with limited options) 3. Leasing a vehicle (Annual payments with interest) 4. Contract bid specification vehicle (Vehicle designed and built using lowest national bid contract available) After considerable amount of time and effort by the committee the decision to specify and build a new contract bid vehicle became the obvious choice. Working with multiple apparatus manufacturers the committee was able to design a piece of apparatus that will meet the City's needs at a very cost efficient price. The new apparatus will meet all the mandatory National Fire Protection Association (NFPA) 1901 Standards for Automotive Fire Apparatus and Insurance Service Office (ISO) equipment requirements. Cost and Financing The cost of the new apparatus is $377,903.00. To date the Department has reserved $290K (2007, 2008, and 2009) specifically allocated to purchase this piece of 1 apparatus. In addition, based on re- allocation of some unspent capital carryover funds (2007 & 2008) the total money available is $310K. This leaves a balance of $67,903.00 required to purchase the vehicle. In discussions with City Administrator Hansen and Finance Director Harrison, the City has the ability to fund the remaining cost of the vehicle. Additional Considerations The Council should be aware the cost of the vehicle will increase approximately 2 -3% after September 28. This would add an additional $7,500.00 + to the vehicle as designed. This is due to an increase in the cost from the chassis manufacturer. Recommendation Due to safety concems, age of current apparatus, the need for a class A engine, increased maintenance costs and out of service time of our current fleet, I respectfully request Council approval to allocate money to fund the remaining balance ($67,903.00) to order and purchase the vehicle. I also request Council approval to enter into the attached contract agreement with General Safety Fire Apparatus Inc. to build the apparatus as specified. Attachment: Contract proposal • Page 2 rosenbauer Firefighting Technology Central Division 100 Third Street PO Box 57 Lyons, SD 57041 605- 543 -5591 605- 543 -5593 Fax salesecentralfire.com www.rosenbaueramerica.com General Division 5181 260"' Street P.O. Box 549 Wyoming, MN 55092 651462.1000 651462.1700 Fax www.rosenbaueramerica.com RK Aerials, LLC 870 South Broad Street Fremont, NE 68025 402 - 721 -7622 402-721-7622 Fax READY TO SERVE To: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Date: 09 -01 -10 We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the City of Stillwater, hereinafter called the BUYER and an officer of General Safety Equipment, LLC, Wyoming, MN a division subsidiary of Rosenbauer America, hereinafter called the COMPANY, the following apparatus and equipment: Rosenbauer / General Safety Pumper Body & Equipment $274,149.00 Freightliner M2 112 370 HP 4 door chassis $103,754.00 TOTAL ... $377,903.00 ** Three Hundred Seventy Seven Thousand Nine Hundred Three Dollars and 00 /100. PRICE IS GOOD ONLY THROUGH SEPTEMBER 28th OF THIS MONTH BECAUSE OF PENDING CHASSIS PRICE INCREASE. $500.00 PER DAY PENALTY WILL BE ACCESSED FOR EACH DAY THE TRUCK COMPLETION IS DELAYED BEYOND 300 DAYS FROM CONTRACT START DATE. All of which are to be built in accordance with the Rosenbauer proposed specifications, which are made a part of this agreement and contract. Above stated price includes PTO drive of water pump in lieu of split shaft drive, D/A finish apparatus compartment interiors, apparatus training seminar, Interlocal HGAC FEE and deletion of the Vogel lubrication system. ** PRICE INCLUDES ALL LOOSE EQUIPMENT SPECIFIED ON THE SFD TRUCK ADJUSTMENT PRICING ATTACHMENT ALONG WITH MOUNTING OF COMPUTER DOCK, AXES, AND HANDLIGHTS. SFD TRUCK ADJUSTMENT PRICING ATTACHED IS MADE PART OF THE CONTRACT. Delivery: The estimated delivery time for the completed apparatus, is to be made 270 -300 calendar days after receipt of and approval of this contract duly executed, subject to all causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials required to produce the apparatus in a timely manner. The Company can not be held responsible for delays due to Acts of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate paperwork from the Buyer and that no major changes take place during pre - construction, mid point inspections or final inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in the number of days required to build said apparatus. Buyer to be notified for approval before any delivery extensions would be added. Payment Terms: Chassis is to be paid for in the amount shown above within 15 days after its completion and arrival at the Rosenbauer / General Safety manufacturing facility. Final payment for the apparatus shall be made at time of acceptance of the completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and ready to deliver. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may apply. Upon delivery of the apparatus or upon pickup of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance. It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time to correct same. Guarantee of the chassis is subject to the guarantee of the chassis manufacturer. The amount in this proposal shall remain firm for a period of 30 days from the date of same. Respectfully submitted, BUYER DEALER General Safety Fire Apparatus Inc We accept the above Proposal and enter into contract with signature below. Sales Representative Dealer Name Title Title Date After company receipt of this document signed by the Buyer, the document will be reviewed and upon approval, countersigned by the Company putting the document in force. GENERAL SAFETYEOUIPMENT, LLC Title Date ■ THE B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: September 15, 2010 RE: Private use of public parking in downtown Stillwater BACKGROUND The Downtown Parking Commission recently finished working on recommended policies and fees for the private use of public parking spaces downtown. At the last meeting, Councilmembers conceptually approved those recommendations and directed staff to incorporate them into a resolution for adoption at the September 21st Council meeting. COMMENTS Attached is the requested resolution. It includes the policies, but not the rates. The rates will be included in the annual resolution that sets all City fees for 2011. For informational purposes, the rates that were conceptually approved by the Council on September 7th are: Peak Season Rates Lot 1 $15 /day /spacer All other city parking lots $9 /day /space2 On- street parking (except on Main Street) $9 /day /space2 Off Season Rates All city parking lots: 3 hours or less Free All city parking lots : > 3 hours $3 /day /space On- street parking (except on Main Street) $3 /day /space Attachment: Resolution 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. RESOLUTION NO. 2010- RESOLUTION ESTABLISHING POLICIES RELATED TO PRIVATE USE OF PUBLIC PARKING SPACES IN DOWNTOWN STILLWATER WHEREAS, in the past, private use of public parking spaces in downtown Stillwater has been reviewed on a case by case basis without established polices for review; and WHEREAS, the Downtown Parking Commission developed a set of policies for the private use of public parking spaces downtown and on July 16, 2010 recommended unanimously that the City Council adopt the policies; and WHEREAS, on September 7, 2010 the City Council considered those policies and found them to be appropriate. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves those policies for private use of public spaces downtown, such policies being reproduced below in their entirety. 1. Event parking a. The use of public parking spaces (parking lot and /or on- street parking) for events is acceptable under certain conditions. Those conditions include the following: i. If the use is associated with an event, a completed application form for an event permit 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. ii. 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. iii. 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). iv. No on- street parking spaces may be used for event purposes on Main Street. v. Whenever public parking spaces are used for other than general public parking, the event organizer will be required to pay a rental fee. The amount of the fee shall be as established in the annual Fee Schedule Resolution adopted by the City Council, unless a 4 lower fee is specifically negotiated and accepted by the City Council within the terms of a Special Event Contract. The parking fee amount shall be paid even if the event is organized by a public agency, semi - public agency /group, or a not - for - profit group /agency. b. The revenue generated by the public parking space rental fees will be deposited in the Downtown Parking Enterprise Fund. c. 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. 2. Non -event parking a. The review of requests for non -event private use of public parking spaces (e.g. construction dumpsters, construction staging areas, reservations for horse carriages, etc.) will consider the following standards: i. 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. ii. No on- street parking spaces may be used for private purposes on Main Street. iii. Non -event uses may be allowed in 3 hour public parking Tots, 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. b. Whenever public parking spaces are used for other than general public parking, the user will be required to pay a rental fee. The amount of the fee shall be as established in the annual Fee Schedule Resolution adopted by the City Council. The parking fee shall be paid even if the user is a public agency, semi - public agency /group, or a not - for - profit group /agency. c. The revenue generated by the public parking space fees will be deposited in the Downtown Parking Enterprise Fund. Adopted by the Stillwater City Council this 21st day of September, 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor ORDINANCE NO. 1019 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: 3 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 must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre- recorded songs that may only be played as background music and then only without a DJ. Hours of operation are 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 means when the last call for service must occur. Happy hour specials must cease at 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 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 must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre- recorded songs that may only be played as background music and then only without a DJ. Hours of operation are 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 means when the last call for service must occur. Happy hour specials must cease at 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 ORDINANCE NO. 1020 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 21st day of September, 2010. CITY OF STILLWATER By: Ken Harycki, Its Mayor By: Diane F. Ward, Its City Clerk Ilwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 9/17/2010 Re: Stillwater Harvest Fest and the Giant Pumpkin Weigh Off Attached is a Special Event application from the Main Street Stillwater. IBA & Stillwater CVB for the annual Stillwater Harvest Fest and the Giant Pumpkin Weigh Off. They have added a new activity to the event which is a pumpkin regatta in which pre - chosen individuals will float down the St. Croix from approximately the bridge to the Dock Cafe. The main concern of staff was the pumpkin regatta on the St. Croix. There is a permit required from the Washington County Sheriff. Washington County has approved the permit; however they were unable to provide a safety boat and personnel for the event, which is one of the conditions of the permit. The Stillwater Fire Department will be conducting their Annual Fire Prevention Open House at the same time and all Fire Department personnel will be dedicated to the Open House. Fire Department personnel will not available to staff, or provide the boat for this event. The applicant has talked to the Coast Guard, received recommendations and the applicant will provide people and a safety boat for the event. The Downtown Parking Commission reviewed and approved the request on September 16. The Parks Commission will review the request as an FYI at their September 27 meeting. It is before Council on September 21 because the next Council meeting would be four (4) days before the event. Questions and conditions from staff and Washington County regarding the event have been addressed. They are NOT selling alcohol so a temporary liquor license is not needed, however they are having a beer and wine tasting like last year, which requires a Permit to Consume ($35.00) along with coordination with the Police Department relating to the liquor aspect of the event. 1 216 North 4th Street Stillwater, MN 55082 relephone: 651 - 430 -8800 Fax: 651 -430 -8809 APPLICATION FOR SPECIAL EVENT ALL ITEMS ON THE APPLICATION MUST BE COMPLETED AND SUBMITTED TO CITY HALL 45 DAYS PRIOR TO THE PROPOSED EVENT INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Submittal Date: A u u.5 t- 2 3, a o l O APPLICANT INFORMATION (Please Print on Application) fit. sI ` t 14, av rcpos�\ Organization: Mean ea n 51Y * $Ii / l LO& I�•�� //�� T pee�of Organization: Non- Profit �7-I YP r9 U� t e h24'k Ot SLR . en i r . For -Profit „ . - • - Contact Person: � .dY u P I Yl Email Address: ��p 660 Ira het 7_e.V D c (-Owl Address: �j 4a _ SCi L4 McLi v\ S Y er{' City (LI )A4ecr State VN Zip SS 0 8 ces3 -6s3� Daytime Phon j5 Alternate Phone Number C.Ihrt.6 Cej (: (oc ( -aR s-- EVENT INFORMATION (Special Events involving the use of City Property may require Park Board or Parking - Commission review. Events on Private Property may require Planning Commission review.) Date(s) of Event: D be_r- l , a. ( 0 Hours of Event SA`M — 5 ihrt C (p o. m 8 p vv.\ (Special Events conducted after 10 :00 p.m. require Council approval of a variance to the noise ordin- nce)(let Type of Event Of octAcioort e(AA ?a.tLcvih > v. a. ` (v� r 'cex vii zed %`a 'h Description of Event: 1 4) L‘. 4_ n f- F i j y� �( af to b WSJ C_u C •ma •' '_'fir.4 ►. f) _ . _ la [ ' / tV � 40 lle Proposed Location of v ntLbe specific): �c '--�s .Z 4.7 If Lowell Park is used: North Lowell Park South Lowell Pefk (check which one or both) Estimated number of people to attend: 3s® --so© 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 X Permit to Consu a onsum tion onl of •. =er, wine, Iw-ide coolers, and hard liquor o public pro rty (parks) - $35.00 fee t lqsr) -ev- UJ� kt. L4$'t laLp e i15 Val Pad, euAcQ fluy� Q� % ��: . /8/9 nom-) ` m Site Map (Required for all eve is - attach to application XParking Impact (Required for all events) - Describe in detail: e-LaSP Pet,Vb ( eveo 1 G7,YPA 4 CJ Ci 6 MM' a VYI (Continued on Back) Special Signage — Describe: Approval Letter from Property Owner if on Private Property (attach to application) X Vendors will be present at the even (SE aE A CHED dvp.rn Lai 6.16.-fpetitics vptvt i~icks Tents or Membrane Structures Si*--A) Y(vO Location/e i t(I vk... ExitinggPointsdt &CS 3 — Xc( 7> 4e Lei 'vt Esi X Cooking Operations Propane ' X Deep Fat Frying Other Open Flame or Burning Operations Describe:alti C, - bU " eur l a pettiL+ Water Activities (River /Lakes) River a Name Lt {- � dor id a -ja • oc, /M EMS Needs EMT Standby rff- it /a 617/'4 ha.. JtViV -4'rA frrccsn �► rre-r b -g `GO) boaLkd s et.,14 Gie A._/,0z j - 6ittef Ambulance Standby \VA. Fireworks SOu .YWB1 eV) 0-0--If Street Closure What Streets: XPolice Officer Needed (Required if alcohol is being serviced on public property and attendance is over 75 people or at the discretion of the Police Chie Contact Stillwater Police Department (651 -351 -4900) to arrange for an officer. 5 v % A Sk11r • r1i>CIn — 4 P Restrooms (Portable) — Applicant to pay for restroomsii— Contact Public Works to arrangee 1 5 j,00 ? Live Entertainment — Describe type of Music: rit..W6, t (i t?l WL 61(G�,SS .� XPromotion /Advertisement of Event — Describe Level of Promotion /Advertisement Di:Ste/Mr- 00 .I."•, 1gr-Adti lw4 5 Jkkak.12 r 's s,osfcfLrd.Stpts�rP( .es, ads i h to Cta e rs k 3(3ra fio j e• 1 ruws(de cant Signature Fire Department Standby G" b-L (rec ki S iGuktpoo, 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: Downtown Parking Commission Approval Required Date Approved: City Council 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: Copy of Approved Application with Comments sent to applicant (Date) Rev. 01/08 City of Stillwater Fire Department 216 North 4th Street Stillwater, MN 55082 Phone: (651) 351 -4963 Fax: (651) 351 -4967 (Ug1/4 VENDOR INSPECTION PERMIT Inspection Information & Permit Application DATE OF EVENT NAME OF VENDOR: �462.. 9 aoio ADDRESS OF EVENT: Lf),tjd/ &AA V---A NAME OF OWNER: /k7tV)i Sired $//ii /11,4 ADDRESS OF OWNER: Vo/.3 c_50,04) gla, /yj (S/yee,/- CITY l/ STATE MN ZIP CODE �za. TELEP HON E NUMBER: pS-I - - 35"-/te l� l -u01 � `'o Z SIZE OF TRAILER OR TENT � � �� , �LI�Cr� �Crtru',�, .x'laG,fS, TYPE OF COOKING /0027e � •• /to iuollE {mjdS FUEL TYPEQPROPANEDELECTRICnCHARCOALEOTHER IF OTHER PLEASE SPECIFY ANSUL SYSTEM: YES x NO *A11 vendors utilizing heating equipment, open flame devices, cooking, warming and serving food products are required to have a fire department inspection prior to opening. Vendor inspection fee is $100.00. Any vendor operating without an inspection permit will be order to cease operation immediately. All vendors are required to have a K -class extinguisher if grease laden vapors are present and a standard 2A1OBC or larger fire extinguisher readily available during times of operation. Extinguishers and/or ANSUL system must have current certification tag. All temporary membrane structures must have proof of fire retardant material or treatment. Vendors need to contact Stillwater Fire Department 24 hours prior to opening to schedule an inspection. * Vendor inspections are not exclusive to the above mentioned items. Please contact Stillwater Fire Department for inquiries. Stillwater Harvest Fest & Giant Pumpkin Weigh Off October 9, 2010 Tentative Schedule of Activities Chili Contest 8am start Pumpkin Cooking Contest Drop -off loam Pumpkin Decorating Contest Drop -off 10am — 3pm Giant Pumpkin Weigh -Off 11 am — 3pm Pumpkin Carvers (during weigh -off) Proclamation by Mayor Ken Harycki (Stillwater Great Pumpkin Day) noon Kid's Trick or Treat Costume Parade noon Chili Cook -off Tasting noon Micro Brew & Wine Tasting noon Pedal Tractor Pull noon — 2pm Live Music noon — 3:30 Pumpkin Regatta 3:30pm Awards Ceremony 4pm Giant Pumpkin Drop 4:15 Other Downtown Activities: Haunted Cave Tours Trolley Rides Gondola Rides Pedi Cab Rides Merchant Activities: Mini- pumpkin decorating, face painting, color contests etc... Stillwater Harvest Fest & Giant Pumpkin Weigh -Off October 9, 2010 8am -5pm L S .O -N Parking ;Lot (closed) 1 Porta - Pottys C H :E. S T Giant Pumpkin ,Weigh -Off Rest Rooms Micro -brew Tasting (enclosed area/wristband required) ',Stage Pumpkin Drop Lowell Park'' • Chili Cook -Off Tent River Front Walk/South Sam Bloomer Kids "Trick or Treat" CostumeParade Lift 'Midge 1 • 13 free parking lots with aver 750 partying spots • 2 pay lots with 208 spots • one parldag is three hour • 31 handicapped spots tallow UenYiY • FREE PARKING 4 Hoerr Limit tat 4 Bridge Let Let 5 Malbeay Poird tat tat 7 Weser St. Lot Lot 13121C tat 3 How limit tot 3 Mesta St. Lot Lot 6 Maple Island Lot 24 Hr. Parking Lot 8 Railroad lot Lots North Main SL t = INFORMATION Meth • near t1•4.re 1 sift Teem n u MN Mal Mrs Zed h 851 WATER I " 1 1 Olt AA aqHh11/Alesi e,oe 41:!r gal PPuIMi Tar 1 • Iremos Mawr Pat Met Moo LIMITED FREE PARKING After 6 pm and ATI Day Sat. and Suns La110 MPcihenny SUSacoad SL Let tot 12 Ogre sl & 2nd Lot tot 141Lverriew Lot tot 15 Mtrlbeny SL Let PAY PARKING $3.00 All Day Lot laver Eat (McleonWC(restru1) $5.00 All Day Lot1 South Man St. tat Pay Pardrbg tab 1 02 Eflecth er Enforced May 1- Oct 31 • PERMIT PARKING Harking sandlot cost $10 per math and entitle 1bc owner to park le any of the magenta circled parking lots (4, 5, 7,11,12,13 & 14) for 24 hours. Note~ Lot 7 has permit parlekg in 50 spaces only as marked on site. To obtain a parking peon%viaM City Bali between MOO MIL emd 430 p.m. Monday-Friday or cadf 185l) 361 -45O0. • Posted time limns will be enforced year round • Silearater k a hMkea Men* city with 31 designated spots. NI city owned lode Pave tradapd paidrg. • All on Mot ponides its dine ham limit Woes otherwise designated Posted tiirne Nis wIll be enforced year round. • It you one received c !limiting Mng i y tires over the phone by a 6R • OW* special events parking may be Oared. Tait wow sgilwaterparldnq oom for upcoming eveat parking bnfonration. • Lot 7 has perm tpaddng in 50 spaces ordy as matted on site. • Lot 12 1ars 24 baited tree spaces arty as marked on site. modeebwee Diane Ward From: Beth Wolf Sent: Thursday, September 16, 2010 10:48 AM To: Diane Ward Subject: FW: Harvest Fest Cory dropped the permit off for the City to sign (part of Washington County's permit requirement) so I'll bring that to you to hold till after Council reviews. Cory did call yesterday and stated they have talked with the Coast Guard as well and will follow their guidelines which were for the participants to wear wet suits and to have a safety boat available...Cory confirmed that they will provide both. Original Message From: Stuart Glaser Sent: Tuesday, August 31, 2010 11:28 AM To: 'vienette @tradewindsspice.com'; 'CoryBuettner @netzero.com' Cc: Larry Hansen; Tom Ballis; 'Jerry Cusick'; Bill Turnblad; John Gannaway; Tim Moore; Shawn Sanders; Beth Wolf Subject: FW: Harvest Fest Vienette and Cory: Please see the information below from Sgt. Jerry Cusick from the Washington County Sheriff's Office. You will need to obtain a permit from the Sheriff to hold the "Pumpkin Regatta" and as a condition of the permit will need to provide for a safety boat on the water during the event. Please contact Sgt. Cusick regarding obtaining the proper permit from the Sheriff's Office at: jerry.cusick @co.washington.mn.us Sincerely, Stuart W. Glaser Fire Chief City of Stillwater 216 North Fourth Street Stillwater, MN 55082 651.351.4970 Office 651.351.4967 Fax mailto:sglaser @ci.stillwater.mn.us "The unauthorized disclosure or interception of e-mail is a federal crime. See 18 U.S.0 SEC. 2517(4). This e-mail is intended only for the use of those whom it is addressed and may contain information which is privileged, confidential and exempt from disclosure under the law. If you have received this e-mail in error, do not distribute or copy it. Return it immediately to the sender with attachments, if any, and notify the sender by telephone." Original Message From: Jerry Cusick [mailto: Jerry .Cusick@co.washington.mn.us] Sent: Tuesday, August 31, 2010 11:02 AM To: Stuart Glaser Subject: RE: Harvest Fest 1 A permit is required and we will not supply a "safety boat ". If a permit is issued, a "safety boat" will be required as a condition of the permit. It does not sound like they are aware that a permit from the Sheriff is required. Can you pass this on to the sponsor? 86B.121 RACES, COMPETITIONS, AND EXHIBITIONS. (a) A person may not hold or sponsor any scheduled or public race, regatta, tournament or other competition or exhibition, or trial race on water or ice, whether or not involving watercraft, without first having obtained a written permit from the sheriff of the county where the event is to originate. (b) The sheriff, in the permit, may exempt watercraft from any of the provisions of this chapter relating to the licensing, operation, and equipment of watercraft while participating in the event authorized. (c) The county's issuance of a permit under this section does not make the county liable for any injury occurring at the event. Original Message From: Stuart Glaser [ mailto :sglaser @ci.stillwater.mn.us] Sent: Tuesday, August 31, 2010 10:20 AM To: Jerry Cusick Cc: Larry Hansen; Beth Wolf; Tom Ballis; vienette @tradewindsspice.com Subject: FW: Harvest Fest Importance: High Sgt. Cusick, Will you please review item number two (2) below. A proposed special event is being planned for Saturday, October 9 which includes a "Pumpkin Regatta" on the St. Croix River. This event includes people paddling hollowed out pumpkins on the river. I have several questions: 1. Does the river activity require a water use permit from the Sheriff's Office? 2. Will the Sheriff's Office provide a safety boat for these participants in the event they fall in the river. 3. I am concerned regarding the water temperature due to the date. The water could be cold enough to cause an issue if people fall in. Please let me know what your thoughts are and what needs to be arranged. Thanks! Stuart W. Glaser Fire Chief City of Stillwater 216 North Fourth Street Stillwater, MN 55082 651.351.4970 Office 2 651.351.4967 Fax mailto :sglaser @ci.stillwater.mn.us "The unauthorized disclosure or interception of e-mail is a federal crime. See 18 U.S.0 SEC. 2517(4). This e-mail is intended only for the use of those whom it is addressed and may contain information which is privileged, confidential and exempt from disclosure under the law. If you have received this e-mail in error, do not distribute or copy it. Return it immediately to the sender with attachments, if any, and notify the sender by telephone." Original Message From: Beth Wolf Sent: Monday, August 30, 2010 12:33 PM To: Bill Turnblad; Craig Peterson; Diane Ward; John Gannaway; Larry Hansen; Nick Chaves; Shawn Sanders; Stuart Glaser; Tim Moore Subject: FW: Harvest Fest Here is some more information regarding the Harvest Fest. Please let me know if you have any further questions. Thank you. Original Message From: vienette@tradewindsspice.com [mailto:vienette @tradewindsspice.com] Sent: Monday, August 30, 2010 12:31 PM To: Beth Wolf Subject: Re: Harvest Fest Greetings Beth - 1. It is our Chili Cook -Off Contestants that will be using the propane. The Main Street IBA is the only vendor that will be selling food items and those items will not be cooked /heated during the event. 2. The pumpkin regatta will be people floating in giant pumpkins (like inner tubes) down the river from approximately the bridge to the dock cafe. The floaters will be pre- chosen - this is not something where the public can come and participate. 3. We will contact Tim Moore about the porta - potties. Thanks! Vienette > Good Morning, > Your application has been reviewed by city staff and a few > questions /concerns arose. Please review the following and provide more > information. > 1. The special event application states vendors and cooking with 3 > propane but the vendor permit states no cooking....will there be vendors > cooking or not? Cooking vendors will be inspected as needed and there > is no fee. > 2. What is the pumpkin regatta? Does this include people on the > water or is it just pumpkins floating down the river? > 3. Due to the size of the event, you will be required to provide > additional port -a- potties. Please contact Tim Moore at 275 -4102 with > the Public Works department to discuss how many are required. > Your application will also be reviewed by the Parking Commission on Sept > 16th and City Council on Sept 21st. If you have any questions please > feel free to contact me. Thank you. > Beth Wolf > City of Stillwater > 216 N. 4th Street > Stillwater, MN 55082 > (651) 430 -8837 ADDENDUM NO. 1 This is Addendum No. 1, made and entered this day of 2010 by the parties to an original Agreement ( "Agreement ") made and entered into the 3rd day of August, 2005, between the City of Stillwater, a Municipal Corporation ( "City "), the Stillwater Public Library, a public library organized in accordance with Minnesota Statutes Chapter 134, and a Department of the City ( "Library "), and The Episcopal Church of the Ascension, a Minnesota Religious Corporation ( "Ascension "). WHEREAS, circumstances have changed since the original Agreement was made, that make it in the best interests of all of the parties to the original Agreement to cancel the original Agreement and by this instrument the parties take that action subject to the following conditions: 1. That upon the execution of this Addendum, Ascension will pay to the City the rent due under the original Agreement for the months of January through June, 2010. 2. That Ascension and the City release each other from any obligation otherwise contained in the original Agreement. 3. Ascension confirms and ratifies that the right of reverter clause contained in the Indenture as described in the original Agreement has been released, waived and forever cancelled. IN WITNESS WHEREOF, the parties have signed this Addendum on the day and year first above written. CITY OF STILLWATER By Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me this day of , 2010, by Ken Harycki, the Mayor and Diane F. Ward, City Clerk, of the City of Stillwater, on behalf of the City of Stillwater. Notary Public STILLWATER PUBLIC LIBRARY By Its Board of Trustees President STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me this day of , 2010, by , the President of the Board of Trustees, on behalf of the Stillwater Public Library. Notary Public 2 THE EPISCOPAL CHURCH OF THE ASCENSION By Linda Amrein, Its Senior Warden By Alice Urban, Its Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me this day of 2010, by Linda Amrein, the Senior Warden and Alice Urban, the Secretary of the Episcopal Church of the Ascension. This instrument drafted by: David T. Magnuson ( #66400) Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651- 439 -9464 main 651- 439 -5641 fax 3 Notary Public MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: September 17, 2010 RE: No Parking Request- Alder Street BACKGROUND City staff received a request for "No Parking" on East Alder Street east of TH 95 from the owner of Wolf Marine. (See attached letter.) In talking to Mr. Wolf, he is noticing that during the summer months, vehicles with boat trailers are parking on the south /west side of the road, and because of the street widths and the curve in the road, it is difficult for two way traffic to travel on the street, creating hazardous situation. DISCUSSION East Alder Street is located in the very northeast corner of the City. The street is approximately 500 feet long, provides access to both commercial and residential properties to the area and serves the primary access way to Wolf's Marine. The western portion of the road is located on MNDOT right -of -way. The street was reconstructed with new curb and gutter as part of the North Hill Sewer Project in 2004. Street widths vary from 28 feet on the west portion to 22 feet on the east portion. No traffic volumes are available for this section. There is currently no parking restriction on all sections of the road except west side of the road from Schulenburg Alley to TH 95. (See attached map). There appears to be some site distance concerns when approaching from both directions at the curve west of Schulenburg Alley. The City does have several streets with narrow widths and parking on one or both sides of the street, such as Liberty, Legends and Eagle Ridge Trail. In the situation where there are vehicles on parked on both sides of the street and vehicles approaches both directions, one car will yield the right of way. One factor in considering this request is the possibility of limiting the on street parking for the nearby residents. Since most of Alder Street now has no parking and Schulenburg Alley is a narrow street, on- street parking option are limited. Eliminating parking entirely on Alder Street would mean that any on- street parking would be located to the south at Hazel Street. Options for the Committee to consider for this request include: 1. Prohibit Parking on the west /south side of East Alder Street from TH 95 to Schulenburg Alley 2. Prohibit Parking on a section of the East Alder Street, just along the curve. 3. Prohibit Parking for certain periods, (weekends, summer months, daytime hours .etc ) 4. Do Nothing. This item was presented to the traffic committee at the September meeting discussing the option presented. Traffic committee discussed another possible option to restrict boat trailers only along this section. After discussion they recommended installing signs that prohibit boat trailer parking along the west side of the Alder from Schulenburg AIIey to Th95. The Police Chief and I had no issues with this recommendation RECOMMENDATION It is recommended that consider the recommendation of the traffic committee and approve "No Boat Trailer Parking" signs installed on Alder Street from Schulenburg Alley to TH 95. ACTION REQUIRED If Council agrees with the Recommendation, That should pass a RESOLUTION NO. APPROVING "NO BOAT TRAILER PARKING" SIGNS INSTALLED ON ALDER STREET FROM SCHULENBURG ALLEY TO TH 95. RESOLUTION DESIGNATING NO BOAT TRAILER PARKING ON PORTION OF EAST ALDER STREET WHEREAS, upon request and further study to improve traffic flow near Wolfs Marine Access and along East Alder Street a portion of Alder Street from Schulenburg Alley to TH 95 is designated as no boat trailer parking; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, to implement the traffic control change. Attest: Adopted by the Council this 21st day of September 2010. Diane F. Ward, City Clerk Ken Harycki, Mayor FY! RESOLUTION NO. 2010- 137 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 $ 10,158,367 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 7th day of September, 2010. ATTEST: Larry D. 40444) nsen, City Administrator CITY OF STILLWATER, MINNESOTA SCHEDULE OF 2011 PROPOSED TAX LEVY FYI FUND # Current Required Levy AMOUNT GENERAL TAX LEVY: 100 General Tax Levy (Includes MVHC) $ 6,943,172 SPECIAL LEVIES: DEBT SERVICE TAX LEVY: 304 G.O. Capital Outlay 2004B 108,308 305 G.O. Capital Outlay 2005A 228,979 307 G.O. Capital Outlay 2007A 195,464 308 G.O. Capital Outlay 2008A 214,896 309 G.O. Capital Outlay 2009A 219,503 311 G.O. Capital Outlay 2011 85,000 315 G.O. Capital Outlay 2005B 276,686 316 G.O. Capital Outlay 2006A 574,893 319 G.O. Capital Outlay 2009B 138,653 329 G.O. Capital Outlay 2009D 755,672 340 G.O. Improvement Bonds 2004A 295,832 385 G.O. Sports Center 2005C 121,309 Total Debt Service Tax Levy $ 3,215,195 TOTAL 2011 PROPOSED TAX LEVY $ 10,158,367 CANCEL DEBT SERVICE LEVIES FOR: 389 G.O. Sport Facility Revenue 2009C NEW LEVY: 311 G.O. Capital Outlay 2011 176,138 85,000 RESOLUTION NO. 2010- 138 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 Revenues $ 9,629,721 98,300 1,607,000 1,114,109 701,635 36,050 500 $13,187,315 Adopted by the Council this 7t" day of September, 2010. ATTEST: Larry D. ansen, City Administrator Expenditures $ 9,629,721 98,300 1,591,000 1,124,109 701,635 36,050 500 $13,181,31 -5 Harycki, Mayor 1 RESOLUTION NO. 2010- 139 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 7th day of September, 2010. i ATTEST: Larry Ha en, City Administrator Ken Harycki, Mayor STILLWATER AREA PUBLIC SCHOOLS September 7, 2010 Larry Hansen City Administrator City of Stillwater 216 N 4th St Stillwater, MN 55082 Dear Mr. Hansen: INDEPENDENT SCHOOL DISTRICT 834 1875 South Greeley Street Stillwater, Minnesota 55082 Tel: 651-351-830 fax: 651-351-8380 INDEPENDENT SCHOOL DISTRICT 834 tdd: 651-351-8338 www.stillwater.k12.mn.us Stillwater Area Public Schools served as the fiscal agent for the St. Croix Valley Area Community Family Center pursuant to an agreement executed in May 2006. In accordance with the terms of the fiscal agency agreement, Stillwater Area Public Schools gave written notice to all members of the collaborative of our intent to withdraw as fiscal agent and terminate the agreement. The agreement called for a 60 -day notice during which any other organization could come forward as a successor. The 60 days has now expired without a successor coming forth, therefore the remaining funds are being distributed on a pro -rated basis. Enclosed is a check for your share of the remaining funds. Please feel free to contact me at 651- 351 -8322 with any questions. Lori 0. Brink Director of Community Education and Community Relations Afton- Lakeland Elementary, Andersen Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary, Marine Elementary, Oak. Park Elementary, Oak -Land Junior High, Rutherford Elementary, St. Croix Volley Area Learning Center, Stonebridge Elementary, StilwaterArea High School, StiliwaterluniorHigh, ValleyCrossingCommunitySchool, Withrow. Elementary United States Census 2010 FOR H E L__ PING TO PAINT THE. NEW PORTRAIT OF AMERICA ee,meed 3).weea-te Jte/i€4.4ee&r-brieo Stillwater Minnesota as a valued partner and offers appreciation for your support in raising awareness of and inspiring participation in the 2010 Census. Your efforts to help achieve a complete and accurate census count have made a lasting impact on the nation. ga4„. Dr. Robert M. Groves Dennis R. Johnson Director, U.S. Census Bureau Regional Director, U.S. Census Bureau r `certificate•.is awarded to I water. THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, September 13, 2010 The City of Stillwater Planning Commission will meet on Monday, September 13, 2010, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF August 9, 2010 MINUTES 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 2010 -38. A variance to the impervious surface regulations (25 percent allowed, approximately 27 percent requested) for the construction of a detached garage located at 223 Pine Street West in the RB, Two Family Residential District. Douglas Danks, representing Rick and Suzanne Van Horne, applicants. 4.02 Case No. 2010 -39. A variance to the side yard setback (5 feet required, 3 feet requested) for the construction of a two- garage located at 2203 Oak Ridge Road in the RA, Single Family Residential District. Phil and Linda Mitchell, applicants. 4.03 Case No. 2010 -40. A special use permit for a coffee shop /gallery located at 413 Nelson Street East in the CBD, Central Business District. Mike McGuire, applicant. 4.04 Case No 2010 -41. A special use permit for a historical museum facility located at 2159 Curve Crest Blvd in the BP -0, Business Park Office District. Mark Balay, representing Washington County Historical Society, applicant. 4.05 Case No. 2010 -12. A zoning text amendment on swimming pool safety enclosures. City of Stillwater, applicant. Continues from the August 9, 2010 meeting. 5. OTHER BUSINESS 5.01 Discussion of Minnesota Supreme Court Case Krummenacher v. City of Minnetonka related to variances and possible zoning code changes related to existing nonconforming lots of record and existing nonconforming structures. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwater.mn.us Washington �� 1. 9:00 2. 9:15 3. 9:15 4. 9:20 5. 9:20 6. 9:30 7. 9:40 BOARD AGENDA SEPTEMBER 21, 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 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. Resolution Authorizing Assignment of Counties Transit Improvement Board Capital Grant Agreement No. 1- 2010 -8 with Washington County to Washington County Regional Railroad Authority D. Adjourn Washington County Board of Commissioners Convenes Roll Call 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. Consent Calendar — Roll Call Vote Community Services — Dan Papin, Director Contract with the Minnesota Department of Human Services for the Chemical Health Care Home Pilot Project General Administration — Jim Schug, County Administrator 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 9. 10:00 Adjourn 10. 10:00 to 10:30 — 2011 Proposed Budget - Washington County Housing and Redevelopment Authority MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date September 21 September 21 September 21 September 22 September 22 Committee HRA Groundbreaking Ceremony HRA Board Meeting MICA Candidate Forum Metro Mosquito Control Exec. Comm. Reg. Solid Waste Mgmt. Coord. Board Time 1:30 p.m. 3:30 p.m. 6:30 p.m. 9:00 a.m. 10:30 a.m. Location 4994 Hamlet Avenue North — Oakdale 1584 Hadley Avenue North - Oakdale Washington County Government Center 2099 University Avenue West — St. Paul 2099 University Avenue West — St. Paul Assisdve listening devices are available for use in the County Board Room If vnn mood necielnnno A.. In olie.hifilApr Intigr.roo hxicr_nlo.e> rill inns i 42n.sn00_ EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 21, 2010 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Fie Administration A. Approval of the September 7, 2010 Board meeting minutes. B. Approval to reappoint Craig Leiser, Grant, and Gail Pundsack, Stillwater, to the Brown's Creek Watershed District Board of Managers to three -year terms expiring October 21, 2013. Community Services C. Approval of agreement with Dakota County to receive $225,153 in HOME Investment Partnership funds as part of the Dakota County Consortium. Human Resources D. Approval of the 2011 AFSCME bargaining unit contract re- opener for health insurance. Public Works E. Approval of resolution authorizing the extension of the lease agreement with John Gilbertson for county owned property located at 18002 Margo Avenue, Marine, MN 55047, to September 30, 2011. F. Approval of resolution authorizing the assignment of Counties Transit Improvement Board Capital Grant Agreement No. 1- 2010 -8 with Washington County to the Washington County Regional Railroad Authority. G. Approval of resolution to enter into Metropolitan Council Grant Agreement SG2010 -095 in the amount of $716,000 for planning and development of the Winter Recreation Area in the Lake Elmo Park Reserve. H. Approval of resolution, final payment to Century Fence Company in the amount of $117,169 for the edgeline striping project on various Washington County roads. I. Approval of resolution, final payment to Lund -Martin Construction, Inc. in the amount of $7,500 for the transit center, trailhead facility, parking lot, and trail connection located in the City of Forest Lake. *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 AGENDA 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 SEPTEMBER 14, 2010 - 9:00 A.M. 1. 9:00 Washington County Regional Railroad Authority Convenes A. Roll Call B. Pledge of Allegiance C. July 20, 2010 Regional Railroad Authority Meeting Minutes D. Selection of CH2M Hill, Inc. for Completion of the Gateway Corridor I -94 Alternative Analysis Study E. Adjourn 2. 9:10 Washington County Board of Commissioners Convenes Roll Call 3. 9:10 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. 4. 9:20 Consent Calendar — Roll Call Vote 5. 9:20 2011 Proposed Budget Presentations A. Property Records and Taxpayer Services — Kevin Corbid, Director B. County Attorney — Doug Johnson, County Attorney C. Internal Services (Administration, Human Resources, Information Technology, and Accounting and Finance) — Molly O'Rourke, Deputy Administrator 6. 10:20 General Administration — Jim Schug, County Administrator A. Resolution Certifying the Proposed Property Tax Levy for Payable 2011 for Washington County B. Resolution Certifying the Proposed Property Tax Levy for Payable 2011 for the Regional Rail Authority C. Resolution Certifying the Proposed Property Tax Levy for Payable 2011 for the Washington County Housing & Redevelopment Authority D. Resolution - Regional Rail Proposed Budget for 2011 E Resolution - Washington County Proposed Budget for 2011 7. 11:10 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 9. 11:30 Adjourn ** *MEETINGS LISTED ON BACK * ** Assistive listening devices are available for use in the County Board Room If vm, nand aeeiefanan .G,n fn dieahiIity nr iangnaga harrier nroaen ant; MRR11 •MLaryln EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 14, 2010 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval to appoint Danni Schifsky, Willow Haven, to the Mental Health Advisory Council to a first term expiring December 31, 2012. Public Works Sheriff's Office B. Approval of Change Order #9 to contract with Ramsey Excavating, Inc., as part of the 2025 Government Center Campus Improvements project, in the amount of $5,207.60. C. Approval of Change Order #13 to contract with Sowles Company as part of the 2025 Government Center Campus Improvements project, in the amount of $19,902.31. D. Approval of Change Order #4 to contract with St. Paul Linoleum and Carpet Company as part of the 2025 Government Center Campus Improvements project, in the amount of $12,558. E. Approval of Change Order #4 to contract with WL Hall Company as part of the 2025 Government Center Campus Improvements project, in the amount of $1,650. F. Approval to award bid for 9 -1 -1 Communications Audio Data Solution to Tierney Brothers Inc. conditioned upon execution of a contract as required by law. *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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date September 15 September 15 September 15 September 15 September 16 September 16 September 16 September 16 September 16 Committee Counties Transit Improvement Board Workforce Investment Board Metro TAB Program & Advisory Board Minnesota Inter- County Association Metro Area Agency on Aging MN Extension Committee Public Health Emergency Preparedness Parks and Open Space Commission CAP - Ramsey and Washington Counties Time 8:30 a.m. 8:30 a.m. 12:00 p.m. 2:00 p.m. 9:30 a.m. 5:00 p.m. 5:30 p.m. 7:00 p.m. 6:30 p.m. Location 90 West Plato Blvd. — St. Paul 8301 Valley Creek Road — Woodbury. Union Depot, 214 East 4th Street — St. Paul Kelly Inn, Sibley Room rd Floor — St. Paul 2365 McKnight Road — North St. Paul Washington County Government Center Washington County Government Center 101 West Pine Street — Stillwater 450 Syndicate Street North — St. Paul September 9, 2010 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson, Sheila -Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Berry Farrington, Treasurer Marsha Olson, Park Manager Rick Jacobson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Beane /Johnson moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Untiedt/Countryman moved to approve the 8/12/10 Stillwater Town Board meeting minutes as written. (5 ayes) 3. TREASURER - a) Report given. Chairperson Jim Hiniker signed the authorization to upgrade the account for a higher interest rate. b) Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 4319 MFRA $ 1,768.10 4328 Washington County 3,140.20 4320 Lori J. Meyers 85.78 4318 Maroneys Sanitation Inc. 342.70 4326 Valley Green Lawn & Landscape Inc. 1,376.55 4316 Allied Blacktop Company 17,464.60 4327 Vacker, Inc. 293.88 4323 On Site Sanitation 315.27 4324 Michael Ranalla 305.10 4317 James Doriott 548.75 4330 Qwest 101.17 4321 Kathleen Nelson 69.93 4322 Stephen Nelson 785.00 4325 Kathryn Schmoeckel 152.46 4329 Xcel Energy 86.29 4331 PERA 412.24 4332 Internal Revenue Service 687.04 4333 Minnesota Department of Revenue 11.93 Countryman, Linda 305.73 Johnson, David 222.74 Olson, Marsha 449.02 Nelson, Kathleen 573.02 Schmoeckel, Kathryn 784.22 Nelson, Stephen W. 1,089.73 Stillwater Town Board Mtg. — 9/9/10 Jacobson, Richard Page 2 518.10 4. ATTORNEY - a) Victory Pass - Attorney Soren Mattick had received a call from Cherokee Bank regarding this development's letter of credit. It currently is $157,000 and there is still about $1,000 in escrow. Engineer Paul Pearson will check to see what work still needs to be done and whether the letter of credit can be adjusted. No homes have been built here. b) Oakhill Address - M /S /P Countryman /Beane moved to authorize the chair to sign the resolution clarifying the street address. (5 ayes) The Clerk will send a letter to the party involved. 5. PLANNER - a) Lakshore property rental - A property owner on Little Carnelian Lake had recently asked about regulations regarding rental of his home. The County would allow them to rent out their home and a Bed and Breakfast is allowed in the shoreland district. The party has not followed -up and this issue appears dead at this time. 6. CLERK - a) Attorney Rate Increase - M /S /P Countryman /Untiedt moved to approve the increase in attorney rate to $145 /hour and to $225 /meeting. All other terms remain unchanged. (5 ayes) b) Washington Conservation District Resolution - Todd Udvig will now be doing the work that was previously done by Jyneen Thatcher and they would only charge when we requested their services. M /S /P Johnson /Countryman moved approval of the proposed rate structure per the WCA resolution. (5 ayes) c) Projector Prices - The Clerk had been asked to provide some comparison prices for projectors. Rick Jacobson suggested the possibility of an LCD TV rather than a screen. Matt Beane offered to get more information and there will be more discussion at the next meeting. d) Personnel List - The latest personnel list was reviewed and approved. e) Calendar - The November Town Board meeting falls on Veterans' Day and may need to be changed. The Attorney will check into this. The Canvas of Election will be held at 6:45 on November 4. 7. PARK COMMITTEE - Matt Beane had a quote for the stone on which to mount the Pat Bantli plaque. M /S /P Untiedt/Beane moved to authorize the purchase of the stone from Rivard Stone, not to exceed $400.00. (5 ayes) 8. OLD BUSINESS - a) Recycling Education Piece - Bev Petrie is out of town but will work on this when she returns. It may be sent out with the next newsletter to save on postage. b) Joint Board Update - David Johnson reported on their recent meeting. There was a request for a zoning change for a liquor license at the Liberty Development for a restaurant planned there. This was approved. Another issue related to the Stillwater Town Board Mtg. — 9/9/10 Page 3 Stillwater Armory relocation which is planned for 2015. The Millbrook Park is expected to be established this fall. 9. FIRE DEPARTMENT DRIVEWAY EVALUATION - Sheila- Marie Untiedt reported on a discussion she had had with a member of the Stillwater Fire Department regarding their checking on driveways for obstructions, etc. The Clerk will write to the Fire Department to ask if they would allow us to advertise their willingness to evaluate residents' driveways for accessibility. 10. CHIEF OF POLICE - a) Report given. There were 6 burning permits, none for buckthorn. One dog was impounded which the owner claimed. b) Dog Licenses Update - They are up to 300 licenses which is about 75% of what is expected. They will follow -up with those who have not responded. c) Abandoned House - Building Inspector Jack Kramer had done an evaluation of the abandoned house and in his opinion it should be torn down. The City of Stillwater has a purchase agreement to buy this property. Steve Nelson will discuss this further with Jack Kramer to see what should be done until the sale is finalized. 11. MEETING GUIDELINES - Linda Countryman had a draft for Rules for Procedures for Township meetings. The rules could be posted on the back of agendas. Some changes to the draft were discussed. More discussion at the next meeting. 12. ADJOURNMENT - The meeting was adjourned at 8:40 p.m. Clerk Chairperson Approved