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REVISED AGENDA
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
November 16, 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 October 19 regular and executive session meeting minutes, October 26, 2010
regular and recessed meeting minutes, and November 5, 2010, Canvass Board 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 Tess.
STAFF REPORTS
2. Police Chief 3. Fire Chief
6. Public Wks Dir/ 7. Finance Dir.
City Engr.
4. City Clerk 5. Community Dev. Director
Truth N Taxation Hearing
Announcement
8. City Attorney 9. City Administrator
CONSENT AGENDA (Roll Call)
10. Resolution 2010 -171, directing payment of bills
11. Resolution 2010 -172, resolution approving State of Minnesota Joint Powers Agreement with the City
of Stillwater on behalf of its City Attorney and Police Department
12. Resolution 2010 -173, Approving Renewals of On -Sale, Off -Sale, Club, Wine, Sunday On -Sale, On-
Sale 3.2 %, Off -Sale 3.2% Liquor Licenses and Tobacco Licenses For 2011
13. Resolution 2010 -174, resolution relating to financing of certain proposed projects to be
undertaken by the city of Stillwater; establishing compliance with reimbursement bond
regulations under the internal revenue code
PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes
or less.
14. This is the day and time for a public hearing to consider the transfer of an On -Sale & Sunday liquor
license to Rafters, LLC.; DBA: Rafters, 317 Main Street S., Stillwater, MN, Larry Cramer, applicant.
Notice was published in the Stillwater Gazette on November 12, 2010. (Resolution — Roll Call)
15. Case No. 2010 -42. This is the day and time for a public hearing to consider a request from City of
Stillwater for a zoning text amendment related to existing non conforming Tots of record and structures
and any variances related thereto. Notice was published in the Stillwater Gazette on November 5,
2010. (Ordinance — 1St Reading — Roll Call)
UNFINISHED BUSINESS
16. Possible approval of second reading of Ordinance 1021, swimming pool safety barrier ordinance
(Ordinance — Roll Call)
17. Parade Committee — Last call for volunteers.
NEW BUSINESS
18. Possible approval of Recreation Center concession contract (Resolution — Roll Call)
19. Possible ordering of feasibility report for 2011 Street Improvement Project (Resolution — Roll Call)
20. Parking Commission recommendation on rental of parking ramp spaces during the winter
21. Possible approval of quotation for the Lily Lake Restrooms & Northland Park Warming House
Improvements (Resolution — Roll Call)
22. Possible approval to purchase DNR land (Resolution — Roll Call)
23. Possible first reading of Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater
City Code, to include Administrative Offenses (1st Reading — Roll Call)
24. Possible first reading of Ordinance 1023, an ordinance of the City of Stillwater amending the Stillwater
City Code Section 31 -1, Zoning Ordinance (1st Reading — Roll Call)
25. Possible rate increase for Sanitary Sewer (Resolution — Roll CaII)
26. Possible approval of proposal for services related to the Pedestrian Plaza (Resolution — Roll Call)
27. Possible approval of resolution authorizing the City participation in the St. Croix River Bridge Crossing
Coalition (Resolution — Roll Call)
28. Possible approval of Property Management Contract (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.
RESOLUTION 2010 -171
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 $366,976.94 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 16th day of November, 2010.
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
LIST OF BILLS
EXHIBIT " A" TO RESOLUTION #2010 -171
3M
A -1 Maintenance, Inc.
Ace Hardware
Action Rental, Inc.
Amano McGann, Inc.
Amber Sacha
Animal Humane Society
Aramark Uniform Services
Aspen Mills
AT &T
B & B Products /Rigs and Squads
Bald Eagle Sportsmen's Assoc.
Bell's Trucking Inc.
Board of Water Commissioner
Bonestroo
Boyer Truck Minneapolis
Carlson Sports Marketing
Carquest Auto Parts
CATCO Parts and Service
CDW Government, Inc.
Century Power Equipment
Coca Cola
Cole Papers
Comcast
Cub Foods
Delta Dental Plan of Minnesota
Dragonfly Gardens
Earl F. Anderson, Inc.
Eichten's Service
Fastenal Company
Fed Ex
Frank Madden's Associates
Fury Dodge Chrysler
Glaser Stuart
Gopher Bearing
Gopher State One Call, Inc.
Grainger
Greater Stillwater Chamber of Commerce
Hardrives Inc.
Helmer Printing, Inc.
Heritage Printing, Inc.
Holiday Credit Office
Holman Rose M.
Ice Skating Institute
Green Sign film
Cleanup Services
Supplies
Storm repair,Storage Shed
Gate Arms
Refund Parking Ramp
3rd Qtr Animal Shelter
Uniforms, Mats, Towels
Uniforms
Telephone
Squad Repair
Police Membership Target Range
Nuisance Property
WAC Charges October 2010,Hydrant Repair
Stillwater Boutwell Road Wetland Mitigat
Equipment Repair Supplies
All State Floor Graphics
Equipment Repair Supplies
Equipment Repair Supplies
Diskeeper 20101 yr. Maintenance
Bulk Hose, Battery
Concession Supplies
Janitorial Supplies
Cable
Concession Supplies, Election Meals
Dental Cobra November 2010
Rain Garden Plantings
Sign Ext Rods
Inducer Motor for RTU
Repair Supplies
Postage
Labor Relations Services thru 9/30/2010
Squad Repairs
Lodging MSFCIA Training Conference
Puly, Sheave
Billiable Tickets
Equipment Repair Supplies
2011 Annual Membership
Bike Path Legends Park
Learn to Skate Flyers
Business Cards
Fuel
Paint, Cord Duct,Brush Spackle Computer Rm
Skater Membership
577.13
3,633.72
438.17
695.53
496.97
6.00
587.82
876.24
164.31
158.65
1,971.42
210.00
7,500.00
5,789.73
812.17
261.26
113.60
158.07
4,508.23
495.91
108.13
1,044.90
206.87
228.14
113.55
196.55
1,325.18
1,040.43
360.79
20.72
20.28
531.85
2,935.45
220.54
109.23
352.35
153.40
735.00
3,000.00
1,086.16
97.20
31.00
67.95
103.00
EXHIBIT " A" TO RESOLUTION #2010 -171
Infratech, Inc.
International Code Council, Inc.
JB Contracting
J.H. Larson Electric
J.P. Cooke Co. The
Kirvida Fire, Inc.
KorTerra, Inc.
Lakeview Hospital
League of Minnesota Cities
Lehmoine Chyrisse
Linhoff Thomas
Loffler Companies, Inc.
Lynn Peavy Company
Medical Technologies, Inc.
Menards
Metropolitan Council Environmental
Metropolitan Council
MN Occupational Health
MN Pollution Control Agency
Mouser Electronics
NAPA Auto Parts
Northside Welding & Repair LLC
Office Depot
OnSite Sanitation
Professional Wireless Communications
Pro Guard
Riedel) Shoes, Inc.
Rogness Chad
Schaffer Stephen
Sentry Systems, Inc.
Sprint PCS
St. Croix Boat & Packet Co.
St. Joseph Equipment
Stillwater Motor Company
Sun Newspapers
SW /WC Service Cooperatives
Sykes Kyle A
T- Mobile
T.A. Schifsky & Sons, Inc.
Tessman Seed Co. - St. Paul
Toll Gas &Welding Supply
Tri State Bobcat, Inc.
Uniforms Unlimited, Inc
Verizon Wireless
Veterans Memorial
Page 2
Televising of Sanitary Sewer
Membership
Reroof Lily Lake Picnic Shelter
Heater for Shed
Dog License Tags
Repairs on ladder 6112
Ticket Splitting 11/1/2010- 10/31/11
Legal Blood Draw
MN Cities Stormwater Coalition
Gift Card for Tobacco Compliance
Housing for MN State Fire Chief Conf.
1 year maintenance and support for Firew
Kraft Evidence
Calibration of Sound Meters
Supplies
Metro Waste Dec 2010
October 2010 Monthly SAC
Drug Testing
Levy Project Stage 3 Floodwall,MS4 Coverage
Tyco Circuit Breakers
Wrenches, Ratchets, Sockets, Extensions
Repair Diesel Fuel Tank
Office Supplies
Unit Rentals
Kenwood Battery
Sport Shop Supplies for Resale
Skates for Resale
Reimburse Steel Work Boots
Grading Escrow Refund
Monitoring Services New Shed
Cell Phone
October Arena Billing
Equipment Repair Supplies
Vehicle Repairs
Publications
Insurance
Reimburse for Expenses, Camera
Cell Phone
Asphalt
Herbicide for Reed Canary Grass and Buck
Acetylene
Mower Blade
Taser, Cartridge XP
Cell Phones
Maintenance Agreement
11,891.73
100.00
2,600.00
619.23
64.19
669.42
800.00
40.00
690.00
30.00
220.54
3,521.53
68.25
392.56
723.01
118,390.29
10,395.00
353.00
550.00
37.68
39.91
200.00
985.19
2,500.11
168.70
212.62
1,391.21
49.98
1,500.00
921.26
91.70
44,110.60
469.95
995.47
206.14
42,968.32
701.30
42.73
3,255.79
286.80
10.20
106.58
1,024.61
1,858.49
4,347.00
EXHIBIT " A" TO RESOLUTION #2010 -171
Viking Industrial Center
Wal Mart Community
Ward Diane
Watson Company, Inc. The
Wingfoot Commercial Tire
Wulfing David
Yocum Oil Company
Zayo Enterprise Networks,LLC
LIBRARY
Aramark
Baker & Taylor
Baker & Taylor 2
Baker & Taylor Rental
BWI
Comcast
Gaylord Bros.
Heritage Printing
Howe, Lindy
Linner Electric
Midwest Tape
Office of Enterprise Technolody
Quill
Richard Wente Studios
Secure Response
Vacland
Xcel Energy
ADDENDUM
B & B Products /Rigs and Squads
Clark, Luann
Foremost Promotions
Frank Madden & Associates
Gateway Cycle
Global Risk Innovation
International Code Council
Loffler
Magnuson Law Firm
Northland Graphics
Our Designs, Inc.
Qwest
Max Disposable Foam Ear Plugs
Scan Disk, Batteries
Reimburse Meals for Election
Concession Supplies
Tires for Trucks
Reimburse K -9 Boarding
Fuel
Telephone
Rug & Towel Service
Library Materials
Materials
Rental Collection
Children's Books
Telecommunications
Processing Supplies
Supplies
Book
Lighting Repair
Rental DVD's
Telephone
Office Supplies
Equipment
Maintenance Contract
Facilities Small Equipment
Utilities
Repair Squads
Cleaning City Hall & Public Works
Police Education Books
Labor Relations Services
2 Police Bicycles 21"
Incident Command Training
Registration for Building Inspectors Seminar
Maintenance Agreement for Copiers
Professional Services
Ink Pads
Blackinton Custom Badge
Telephone
Page 3
89.17
26.62
65.31
179.90
1,060.99
90.00
2,417.07
568.58
63.21
1,503.58
371.59
171.59
1,033.19
49.90
128.58
19.50
8.56
445.00
48.28
336.61
353.43
350.00
155.67
471.00
3,779.01
1,926.63
1,057.50
250.60
645.50
1,999.98
1,180.00
492.00
2,101.05
8,314.33
52.37
186.99
744.32
EXHIBIT " A" TO RESOLUTION #2010 -171
Stillwater Towing
Trans Union LLC
Truckers Mall. Com
Washington County Sheriff's Office
West Payment Center
Xcel
OCTOBER MANUALS
Internal Revenue Service
Adopted by the City Council this
16th Day of November, 2010
Towing
Professional Services
3 Pack Turboflare 360
3rd Qtr. MDC's
Professional Services
Electricity,Gas
3rd Qtr 2010
Page 4
272.52
54.68
83.90
5,250.00
88.94
24,328.80
15.80
TOTAL 366,976.94
RESOLUTION 2010 -174
RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED
PROJECTS TO BE UNDERTAKEN BY THE CITY OF STILLWATER;
ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Council (the Council) of the City of Stillwater, Minnesota (the
City) as follows:
1. Recitals.
a. The Internal Revenue Service has issued Section 1. 103 -18 of the Income Tax
Regulations (the Regulations) dealing with the issuance of bonds, all or a portion
of the proceeds of which are to be used to reimburse the City for project
expenditures made by the City prior to the time for the issuance of the bonds.
b. The Regulations generally require that the City make a prior declaration of its
official intent to reimburse itself for such prior expenditures out of the proceeds of
subsequently issued borrowing, that the borrowing occur and the reimbursement
allocation be made from the proceeds of such borrowing within one year of the
payment of the expenditure or, if longer, within one year of the date the project is
placed in service, and that the expenditure be a capital expenditure.
c. The City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified.
2. Official Intent Declaration.
a. The City proposes to undertake the following projects described on Exhibit A
attached hereto.
b. Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the
transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii)
expenditures constituting of preliminary expenditures as defined in Section
1.103 -18 (i)(2) of the Regulations, no expenditures for the foregoing projects as
identified on Exhibit A have heretofore been made by the City and no
expenditures will be made by the City until after the date of this Resolution.
c. The City reasonably expects to reimburse the expenditures made for the costs of
the designated projects out of the proceeds of the debt (the Bonds) to be
incurred by the City after the date of payment of all or a portion of the costs. All
reimbursed expenditures shall be capital expenditures as defined in section
1.150 -1 (h) of the Regulations
d. This declaration is a declaration of official intent adopted pursuant to Section 1.
103 -18 of the Regulations.
3. Budget Matters. As of the date hereof, there are no City funds reserved, allocated on a long
term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a
long term basis or otherwise set aside) to provide permanent financing for the expenditures
related to the projects other than pursuant to the issuance of the Bond. This resolution,
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
4. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the city clerk at the City Hall (which is the main administrative office of the City)
during the normal business hours of the City on every business day until the date of
issuance of the bonds.
5. Reimbursement Allocations. The City's financial officer shall be responsible for making the
reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount for proceeds of the Bonds to reimburse the source of temporary
financing used by the City to make payment of the prior costs of the projects. Each
allocation shall be evidenced by an entry on the official books and records of the City
maintained for the bonds, shall specifically identify the actual prior expenditure being
reimbursed or, in the case of reimbursement of a fund or account in accordance with
Section 1. 103 -18, the fund or account from which the expenditure was paid, and shall be
effective to relieve the proceeds of the bonds from any restriction under the bond resolution
or other relevant legal documents for the Bonds, and under any applicable state statue,
which would apply to the unspent proceeds of the Bonds.
Adopted this 16th day of November 2010.
Ken Harycki, Mayor
ATTEST:
Larry D. Hansen, Acting City Clerk
EXHIBIT A
Armory
$1,500,000.00
Tarot A (28.16 Axes) - -
All that pad oft Ne th Belief &Soulhe& Quells (NSSSEX ) of Section Thirty (30,T p 1bsty ( Nab, Ramp Two& West, Washington County, Minnesota, bounded byWe
foBowing draibed Boer
Cannoning at the Bast Quarter Comes staid Section 30; thence as an awoedbead& ',M a& W 13'48" West, 529.03 bet m and abaseseasewast (mawlYe amid Section 30
to the paint xbegeeing ones tract to be daaonb& thence math&& Noah 8P 13'48" Wei 611.55 bet on and ahrg the add mewwt gesslr Hoes them Sou& 47°41' 19" West, 944.68 SA
dose South 62' 59' 30"Week • distse . x369.30 feet; thence South 42° 24'47" Bast, a &We x248.08 betas a poet on south oneeialeeash lies amid Section 30; thaws Sou& 0d' 10'
45" Beata &woe x873.74 bet ex and along the south onseate&Ih Sae xaid Sedea 30; &acsNasth 16'4100" Brat, 215.76 bet; theme North 89° 24' 11" W, a dills= of 14195 beh
thence North 1T 17"40" Bit a distance 0(1165.89 bet to the pdstafbegiuhq.
Bsceptieg thetM&m, two prods eked conveyed by A. B. Jadoeeato Daseld B. Fallon died brmoosd in the RRBhlerofDeedsOBlcq Washington Cody, an Mat& 4, 1969. in Book 304 of
Deeds, page 284 and oak& 28, 1972, in Book 317 ofDeeds, PRP 207.
Subject* 0(B exiting ease&esk.
Tact B (347Aaee)
Ail & Spatofths North Halfofths Southard Quitter (NA9B%)aSectionTMay(30) TownWpThinly(30)Nr&,RageTway WestWeiingloe county. bBeaesota, bottom bythe
following demand line:
Caemmseing at the Bast Quarles Cooler 0(Wd Section 3t thence on an assumed bowleg ofNath 81T 13'48' West 399.98 bin on sad abrgthe end wed garter Sae ofaid Section 30
to the point xbegimeg albs heRtobedases& eck& neeosatewNaab88' 13' 48 "West129.05felon andalonggthssaiderewe &Mx lines theme South IT IT 40' Week adiaanceof
1165. 89bet thanes South 89' 24' I1" ft, a distance a14135bet theme Neuth 16° 41'00"Basta&asareof116235 bet, a the point ofbegfeeiog.
Pemba theethoso, two pacele eland conveyed by A. B. &bon to Deltoid B. &hos Sbd fix locoed in& Replier ofDeeds Office. Washington Cosa% &Mx 4,1969,10B00k304x
Deedr,pep 284 sad on Jos 28, 1972, in Book 317 ofDeede, page 207.
Subject to 0(B &shag=emelt .
LAND SALE #82007
WMA00994
PREPARED BY: D. NICKOLS, MN DNR
MAY 21,2010
Revised SEPTEMBER 8, 2010
Revised NOVEMBER 15, 2010
The drawing is NOT a survey. it is merely on exhibit created
from data from various sources rid should be used for
reference purposes only
Land Sale #82007, Tract A,
Jackson (WMA00994)
Section 30- 30 -20, Washington County, MN
Tract A (28.16 Acres)
All that part of the North Half of the Southeast Quarter (N '/2 SE '/4) of Section Thirty (30), Township
Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, bounded by the following
described lines:
Commencing at the East Quarter Corner of said Section 30; thence on an assumed bearing of
North 88° 13' 48" West, 529.03 feet on and along the east -west quarter line of said Section 30
to the point of beginning of the tract to be described; thence continue North 88° 13' 48" West
611.55 feet on and along the said east -west quarter line; thence South 47° 41' 19" West, 944.68
feet; thence South 02° 59' 30" West, a distance of 369.30 feet; thence South 42° 24' 47" East, a
distance of 248.00 feet to a point on the south one - sixteenth line of said Section 30; thence South
88° 10' 45" East, a distance of 873.74 feet on and along the south one - sixteenth line of said
Section 30; thence North 16° 41 00" East, 215.76 feet; thence North 89° 24' 11" W, a distance of
141.95 feet; thence North 17° 17' 40" East, a distance of 1165.89 feet, to the point of beginning.
Excepting therefrom, two parcels of land conveyed by A. B. Jackson to Donald B. Fulton filed for
record in the Register of Deeds Office, Washington County, on March 4, 1969, in Book 304 of
Deeds, page 284 and on June 28, 1972, in Book 317 of Deeds , Page 207.
Subject to all existing easements.
Tract B (3.47 Acres)
All that part of the North Half of the Southeast Quarter (N1/2 SE 1/4) of Section Thirty (30), Township
Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, bounded by the following
described lines:
Commencing at the East Quarter Corner of said Section 30; thence on an assumed bearing of North 88°
13' 48" West, 399.98 feet on and along the east -west quarter line of said Section 30
to the point of beginning of the tract to be described; thence continue North 88° 13' 48" West 129.05 feet
on and along the said east -west quarter line; thence South 17° 17' 40" West, a distance of 1165.89 feet;
thence South 89° 24' 11" E, a distance of 141.95 feet; thence North 16° 41' 00 "East, a distance of 1 162.35
feet, to the point of beginning.
Excepting therefrom, two parcels of land conveyed by A. B. Jackson to Donald B. Fulton filed for record
in the Register of Deeds Office, Washington County, on March 4, 1969, in Book 304 of Deeds, page 284
and on June 28, 1972, in Book 317 of Deeds , Page 207.
Subject to all existing easements.
November 4, 2010
STILLWATER TOWN BOARD MEETING
Town Hall 7:00 P.M.
PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman,
Sheila -Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney
Soren Mattick, Planner Berry Farrington, Treasurer Marsha Olson and Chief
of Police Steve Nelson.
1. AGENDA - Since this is a special meeting (the date has been changed), there were
no changes to the agenda.
2. MINUTES - M /S /P Hiniker /Countryman moved to approve the 10/14/10 Stillwater
Town Board Meeting minutes as written. (5 ayes)
3. STILLWATER FIRE CHIEF - Stillwater Fire Chief Stuart Glaser was present to discuss
a "Blueprint for Shared Services ". He is looking for a letter of support. He has
discussed this grant opportunity with neighboring communities and there appears to be
interest in pursuing this.
M /S /P Hiniker /Beane moved to authorize the chair to sign a letter in support of the fire
and rescue shared services feasibility grant program. (5 ayes)
4. TREASURER -
a) Report given. A budget meeting will be held on December 2, 2010 at 7:00 p.m.
b) Signature cards - Signature cards were signed by those authorized to sign checks.
c) Checks and claims - The following checks and claims were approved for payment.
Claim No. Vendor Amount
4372 MJ Raleigh Trucking, Inc. $9,312.46
4378 Security Response Services, Inc. 404.42
4380 TKDA 427.78
4379 Stillwater Gazette 121.66
4371 MFRA 3,938.30
4368 Mantyla Well Drilling, Inc. 125.00
4369 Helmer Printing, Inc. 608.25
4370 Maroneys Sanitation, Inc. 150.90
4373 Kathleen Nelson 40.56
4374 Stephen Nelson 785.00
4375 On Site Sanitation 315.74
4376 Barbara Riehle 60.00
4377 Kathryn Schmoeckel 68.28
4381 Xcel Energy 81.39
4358 Deborah Sinclair 792.69
4359 Elaine Bartholmy 247.00
Stillwater Town Board Mtg. — 11/4/10 Page 2
4360 Kathryn A. Carlsen 97.50
4361 Linda Francis 247.00
4362 Karen Garley 247.00
4363 Judy Josephson 149.50
4364 Helen Olsen 234.00
4365 Rosemary Ranalla 370.50
4366 Vicky Turchiniak 442.00
4367 Julie Wasser 234.00
4382 Countryman Electric 215.00
4383 Minnesota Department of Revenue 8.12
4384 PERA 285.24
4385 Internal Revenue Service 659.50
4386 Minnesota Department of Revenue 70.51
Countryman, Linda P. 323.19
Nelson, Kathleen M 333.68
Nelson, Stephen W. 1,089.73
Olson, Marsha Ann 198.60
Ranalla, Sr., Robert P. 277.05
Riehle, Barbara 385.10
Schmoeckel, Kathryn G. 723.27
Untiedt, Sheila -Marie 508.63
5. ATTORNEY -
a) Fire Contract - Attorney Soren Mattick had discussed his concerns on the liability
issue with the City of Stillwater. They have issued the same contract as
previously.
M /S /P Hiniker /Beane moved to authorize the chair to sign the fire contract
for the next two years with the City of Stillwater. (5 ayes)
b) Status of the Clerk - With the recent passage of the ballot question calling for the
appointment of the town clerk, there was discussion of what is the current status
of the clerk. More discussion at the next meeting.
6. PLANNER -
a) Hanson Certificate of Compliance - The planner had issued this certificate of
compliance. There was discussion of actions taken between meetings.
b) Maternity Leave Plan - Sherri Buss will be available to attend meetings in
December, January and February while Berry Farrington is on maternity leave.
7. TRAFFIC SIGN RETRO- REFLECTIVITY - David Johnson and Curt Bunnell from MFRA
had driven township roads at night to check on the reflectivity of signs and those
needing change have been addressed. The safety component of the street signs do not
need to be completed until 2015.
8. CHIEF OF POLICE -
a) Report given. There were 11 burning permits, none for buckthorn. One dog was
impounded which was claimed and the fee paid.
Stillwater Town Board Mtg. — 11/4/10 Page 3
b) Copy Machine - The copy machine used by Kathy and Steve Nelson is 17 years old
and in need of repair. When the machine at the town hall is repaired, this
machine will also be looked at to determine if it is worth saving.
c) Boutwell Barn - The City of Stillwater has purchased this property, but it is still in
the Township and still a hazard. The time frame for annexation is expected to be
about 18 months. The City is aware of the liability issue. There was discussion of
the possibility of using this for a practice fire and also the possibility of someone
reclaiming it.
d) Bruette Roofing - Chief of Police Steve Nelson had pictures of the property
showing outside storage which is not allowed under the Bruette CUP. He has
made 10 checks on this property since the CUP was issued in 2007 which have
resulted in several citations. There was discussion of what are the options for the
Township to deal with this issue. The attorney will ask Mr. Bruette to come to the
next regular town board meeting to discuss this issue.
e) Meister Permit - Steve Nelson reported that Mr. Meister has removed his structure
as required and is doing what he is supposed to do.
9. LANGER PROPERTY - Frank and Sue Langer were present to discuss the possibility
of selling their property to the Township to expand Otto Berg Park. He had a description
of their property along with an aerial photograph. There was discussion of possible uses
for the land and what could be done with the house if we were to purchase. A joint
meeting with the Town Board and the Park Committee and Planner Sherri Buss will be
held on November 18 at 7:00 to further discuss this. David Johnson will discuss the
possibility of reconfiguring the parcels of the Langers and their neighbor with the
neighbor.
10. PROJECTOR /TV - Matt Beane had a price for a 55" N. He will also check on pricing
from Johnny's TV and also on pricing for a computer.
11. MEETING GUIDELINES - Linda Countryman had another draft of the meeting
guidelines with suggested wording to be placed on the back of all agendas.
12. ADJOURNMENT - The meeting was adjourned at 9:10 p.m.
Clerk
Chairperson
Approved
TYI IIIT11fl11 CI Of •ll1111el*
CITY COUNCIL MEETING
October 19, 2010
REGULAR MEETING
Mayor Harycki called the meeting to order at 7 p.m.
Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Staff present:City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
7:00 P.M.
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of October 5, 2010 regular and recessed meeting minutes
Motion by Councilmember Cook, seconded b y Councilmember Polehna to approve the
October 5, 2010 regular and recessed meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Co -op Day
Mayor Harycki read a proclamation designating Oct. 21, 2010, as Stillwater
Cooperative Day. Mead Stone of River Market Community Coop was present for
the reading of the proclamation and spoke briefly about the definition and mission
of cooperatives.
OPEN FORUM
No comments were received.
City Council Meeting October 19, 2010
STAFF REPORTS
Police Chief Gannaway spoke of the problem with coyotes in the area. He said
the DNR has that this is a local problem and will not provide any assistance. He
recommended the residents keep an eye on small children and pets. He said a
local trapper is being utilized in an effort to deal with the problem and that
shooting the animals will be done if that effort of removal is unsuccessful or if an
animal demonstrates aggressiveness. He provided an update on Harvest Fest by
stating that there was a large crowd, with no issues encountered. He stated
officers on patrol shift caught a burglar, who was responsible for at least two
known burglaries, and as a result recovered about $6,000 in stolen property.
Councilmember Polehna asked about a recent burglary to a house in the
Croixwood area; Chief Gannaway said he would look into that.
Fire Chief Glaser reported on Fire Prevention Week activities. He said
presentations were given to over 1,000 students during the week. He said 1,200-
1,500 people attended the annual Open House. He said he and Chief Gannaway
are members of the Washington County Emergency Management Council. He
informed the Council that this Council decides how to expend the Urban Area
Security Initiative grant monies. He said Stillwater is the recipient of some of
those funds, including funding for training activities and outdoor warning siren
upgrades. He stated he would be attending the State Fire Chiefs training
conference later in the week.
City Clerk Ward reported that the canvassing board for the municipal election
had been scheduled for November 4; however, because of a change in the law,
the canvassing board must meeting between 3 -10 days and requested that
session be changed to Friday, November 5, at 8 a.m.
Motion by Councilmember Gag, seconded by Councilmember Polehna to change the
canvassing board meeting to 8 a.m. Friday, November 5. All in favor.
Community Development Director Turnblad reported that an open house for the
proposed pedestrian plaza will take place prior to the Parks Commission meeting
on Oct. 25. He said RFPs for the master plan for north Lowell Park and
development documents for the pedestrian plaza have been sent out. He stated
the special events task force policy recommendations have been sent to event
organizers who currently have contracts with the City, as well as to the IBA; for
comments and will be brought back to the Council prior to adoption of the policies
on December 7. He also stated than an RFP was sent out for the installation of
video surveillance cameras for the parking ramp; however, he stated no
responders followed the directions in the RFP so they will be reissued.
Public Works Director Sanders stated the Corps of Engineers' flood control
project is moving forward and it is hoped a complete set of plans will be
Page 2 of 12
City Council Meeting October 19, 2010
completed for bid documents by the first part of 2011. On a question by Mayor
Harycki, Mr. Sanders said community meeting could be scheduled after the plans
are completed. He said he had met with the DNR regarding a possible boat
launch site and that staff submitted plans for two different layouts at the former
Cayuga site. He said the DNR appeared to be receptive of that opportunity, and
he is awaiting comments back from that agency.
City Administrator Hansen stated staff has been doing due diligence with respect
to the armory project, noting that some issues had come up recently regarding
access and cost share. He said he would be meeting with Armory
representatives the day following the Council meeting and had additional
meetings scheduled with the County. He said he would come back with a report
on those meetings.
CONSENT AGENDA
Resolution 2010 -154, directing payment of bills
Resolution 2010 -155, approval of SafeAssure Consultants, Inc. for OSHA and
safety consultation
Resolution 2010 -156, approval of health and dental rates for 2010
Resolution 2010 -157, approval of agreement for professional services with
Carmen Tschofen
Possible approval of Utility Bill adjustments
Councilmember Roush asked that Utility Bill Adjustments item be pulled for
discussion.
Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the
Consent Agenda, with the exception of the Utility Bill Adjustment item.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Regarding the utility bill adjustments, Councilmember Roush expressed concern
about having other residents pay for other people's inattention to maintenance
details, such as leaky faucets. He suggested this is an issue the Council should
discuss. He said if the City keeps crediting utility bills, there will be no incentive
for homeowners to take responsibility for proper maintenance.
Finance Director Harrison explained that since sanitary sewer bills are based on
first quarter water consumption, if there is a problem during the first quarter, that
problem is reflected for the entire year. She stated that past practice has been to
ask the resident to pay for the time the water is leaking and then adjust the
remainder of the year's billing back to what it would normally be had there not
been a leak during the first quarter of usage.
Page 3 of 12
City Council Meeting October 19, 2010
City Administrator Hansen reaffirmed that residents are being made to pay for
the time when a leak was occurring, but the City is not charging for the ensuing
quarters, after a leak has already been fixed. Ms. Harrison noted the Water
Board is diligent about noticing excessive water use and does go out and assist
residents in helping find the problem.
Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the
Utility Bill adjustments item of the Consent Agenda.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. 2010 -12. This is the date and time for a public hearing to consider a request
from City of Stillwater for a zoninq text amendment on swimming pool safety
enclosures. Notices were mailed to affected property owners and published in the
Stillwater Gazette on October 8, 2010
Community Development Turnblad reviewed the current ordinance, which gives
pool owners the choice of utilizing a safety fence or pool cover, and the actions
since a change to the ordinance was first discussed earlier in the year. He also
reviewed the different recommendations to the Council provided by a discussion
group, the Planning Commission, and staff.
Mayor Harycki opened the public hearing.
Tim Nolde, 775 Green Twig Way, said he has an existing pool cover. He noted
when the ordinance was changed five years ago, the City did a study of other
communities that allowed either a pool cover or fence. He questioned the
purpose of the ordinance, suggesting that if the purpose is safety, then all
drainage ponds, the river and other public properties should be fenced as well.
He suggested that a pool cover is safer than any fence. Councilmember Roush
spoke of the difference in grade between a pond and a pool; he also noted the
existing ordinance must be rewritten because it doesn't specify the definition of a
pool cover.
The resident of 1320 Amundson Place said he has a key -lock safety pool cover.
He spoke of the extensive landscaping he has done to his property and that the
pool is not visible. He said he went by the rules and regulations when he had the
pool put in and purchased the safety cover. He stated that he would not like to
spend any more money on a fence.
Marie Lennartson, 2201 Bayberry, said she has followed this issue since it began
this spring and participated in the discussion group meetings. She stated they
have a pool cover and followed the ordinance when they installed their pool and
Page 4 of 12
City Council Meeting October 19, 2010
cover. She said she thought the fair thing to do would be to grandfather the
existing pool covers if the ordinance is changed.
The resident of 309 E. Willow St. spoke in support of pool fencing. She spoke of
the short time it takes for a child to drown and noted that drowning is the second
leading cause of injury- related death for children ages 1 -14 and highest in
preschoolers ages 1 -4. She spoke of the sources that recommend a four -sided
fence as a pool safety barrier and stated one source estimates that pool fencing
would reduce the number of drowning in domestic swimming by up to 67 %. She
spoke of the difficulty of enforcing that pool covers are in place when someone is
not attending the pool. She also expressed concern about grandfathering existing
pool covers because of the risk those covers pose.
Desmond Kilcoyne, 1213 Third Ave. S., noted the pool covers remove the water
visibility, so there is no attractive nuisance. He said he agrees that the ordinance
has to be changed to include a definition of allowable pool covers. He noted he
followed the law when he installed his pool and that the pool is not visible and to
put a fence around it would be detrimental. He also noted that folks with a fence
only can't close the pool off when there are children or visitors around. He also
pointed out that mandating a fence will mean a pool will be left uncovered and
open for a much longer period of time than a pool with a cover only.
There was discussion of winter closing of pools and how long a pool cover may
or may not have to be left off during that procedure. Councilmember Roush
spoke of malfunctions he has experienced with his pool when the cover was in
the open position; he also spoke of the possibility of power outages. Marie
Lennartson spoke of open gates and other fence violations she had observed;
she also spoke of statistics indicating most drownings occur in family pools.
Kevin Balfanz, 313 W. Sycamore St., stated he is a certified safety professional
and served on the pool discussion group. He spoke of testimony in April from a
pool installer and some of the problems that person had encountered with pool
covers. He pointed out there is no background research that advocates pool
covers that does not come from a pool cover manufacturer. He said he would
favor what the staff is recommending.
Anne Siess, 170 Interlachen Way Court, said she has been very involved with
this issue and all the research she has done indicates fencing is the favored
safety protection. She said a fence is a passive barrier for young children and
elderly.
No other comments were received, and the hearing was closed.
Councilmember Roush said he thought the majority of sentiment supports fences
going forward and the issue that needs to be discussed is whether or not to
grandfather the existing pool covers.
Page 5 of 12
City Council Meeting October 19, 2010
Mayor Harycki said he would consider a permanent grandfathering for the people
who build their pool during the years the current ordinance has been in place and
that he would favor requiring a fence of new construction /new permits.
Councilmember Roush asked about the possibility of tying a requirement for a
fence to transfer of ownership or title of a property; City Attorney Magnuson said
a decision must be made as to whether this is a zoning requirement or a
requirement under the police power, noting that state statute was changed in
2005 to give status to nonconforming uses, which eliminated the right of
municipalities to amortize those nonconforming uses out of existence. Mr.
Magnuson stated if this is a zoning requirement, then these nonconforming uses
do have the protection of law; if this is some type of public safety requirement,
such as speed limits or driving rules, then it is not a zoning issue, it's a public
safety issue. Mr. Magnuson said it appears to him that this would fall under the
zoning ordinance. In discussion, it was noted that the change in state statute
would eliminate the need for grandfathering as that is already guaranteed to the
nonconforming use.
Councilmember Gag noted that most cities have a pool fence ordinance.
Motion by Councilmember Gag, seconded by Mayor Harycki to approve the first reading
of the proposed ordinance.
Councilmember Roush said he thought the motion ought to be clarified,
suggesting there are two options — whether to consider this a zoning issue or a
public safety /police issue.
Mr. Magnuson said in his view this is a zoning ordinance provision and since this
is a regulation under the zoning power, there are restrictions with regard to the
power to eliminate nonconforming uses — the change in statute allows
nonconforming uses to be maintained and improved, the only restriction is that
the use cannot be enlarged.
Councilmember Roush said he wanted to be clear that there is no option
regarding grandfathering rights. Mr. Magnuson said the Council always has a
certain amount of choice /discretion to write regulations the way it would like, but
there are some legal restraints and it could be subject to legal challenge. Mr.
Magnuson stated he thought the safe way for the City, from a liability standpoint,
would be to recognize the existing pools (covers) are lawful, nonconforming
uses.
Mayor Harycki noted that the staff recommendation for the motion reiterates that
any swimming pool built between June 21, 2005, and November 2010 is allow to
continue operating using a power safety cover.
Page 6 of 12
City Council Meeting October 19, 2010
Councilmember Cook asked if this included safety barriers.
Councilmember Gag said his motion is for approval of staff's recommendation.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Polehna said a local resident has established a foundation, the
Little Prince Foundation, in memory of his son who drowned. He informed the
Council and audience that the foundation provides cards with safety tips for
parents and suggested that the information be posted on the City web site or
made available elsewhere. It was suggested, by City Clerk Ward, that the cards
be handed out with pool permits.
Councilmember Roush suggested amending the motion to terminate the use of a
pool cover if it has not been used for a period of time. Mr. Turnblad noted that
according to state statute, a nonconforming use loses its grandfathered status if
not used for a period of 12 months.
UNFINISHED BUSINESS
No unfinished business.
NEW BUSINESS
Possible approval of improvements to server room
MIS Specialist Holman spoke of problems /concerns with the server room,
including cooling of the room and sprinkler heads. She said she has been
working with a general contractor that would be willing to coordinate, warranty
and be responsible for all work associated with installing a 2 -ton split air
conditioning unit and clean agent fire suppression system. The cost for the
improvement would be $23,760.
City Administrator Hansen noted this has been a long- standing issue therefore
he recommended approval of the requested expenditure; it was noted this is a
budgeted item, with money available in reserves.
On a question by Councilmember Cook, Ms. Holman said this solution should
solve the problem well into the future.
Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the
bid as presented. All in favor.
Page 7 of 12
City Council Meeting October 19, 2010
Possible approval of Shared Fire and Rescue Services Grant
Fire Chief Glaser asked for approval to apply for a fire and rescue shared
services feasibility study grant available through the Department of Public Safety
State Fire Marshal Division. He said the grant amounts range from $25,000 to
$40,000 to hire a third -party consultant to do a study of the different agencies
and how services might be provided more efficiently. He said he met with fire
chiefs from Bayport, Lake Elmo, Mahtomedi and Lower St. Croix Valley to
discuss interest in applying for the grant and four of the five are interested. He
pointed out that the results of the study may or may not indicate there are
advantages for some types of shared services. He said, if approved, Stillwater
would serve as the lead agency for the grant application.
On a question by Councilmember Roush, Chief Glaser said there is a 10% match
required, which would be split among the participating agencies; should any of
the other agencies decide not to move forward, he would keep the Council
informed.
Mayor Harycki said this seems a prudent thing to do given the current budget
situation. There was discussion as to why Bayport has decided not to participate
and whether that lack of participation might make the study a moot point.
City Administrator Hansen said he has had many discussions with the Bayport
City Administrator and that he would make him well aware of this opportunity.
Chief Glaser noted the grant application is due December 1.
Motion by Councilmember Roush, seconded by Councilmember Cook to adopt
Resolution 2010 -158, authorizing the Stillwater Fire Department to apply for the fire
and rescue shared services feasibility study grant.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible appointments to Planning Commission
City Clerk Ward stated two applications were received for the Planning Commission
openings, with interviews conducted by Councilmember Gag and Planning Commission
Chair Middleton. She stated that it was the recommendation to appoint Anne Siess as
the new voting member to the commission with her term ending May 1, 2013 and
appointing Matt Gallick beginning January 1, 2011 to fill the unexpired term of David
Middleton which ends May 1, 2012.
Page 8 of 12
City Council Meeting October 19, 2010
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -159, Appointing Anne Siess and Matt Gallick to the Planning
Commission.
Councilmember Cook suggested changing the description of Ms. Siess's
position. City Clerk Ward stated that clarification of the position would be made.
Councilmember Roush amended his motion to reflect that change in description,
Councilmember Polehna agreed to the amendment. Roll call vote was taken.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible purchase of John Deere Utility Tractor
Public Works Director Sanders reviewed the request for the purchase of a utility
tractor. Cost of the purchase price of $46,923 would be offset by $10,000 from
the Recreation Center for use of another piece of Public Works Department
equipment for maintaining the outdoor rink at the Recreation Center. In addition,
he said the City would receive a trade -in value of $28,400, making the overall
purchase price of the new tractor about $9,000. Mr. Sanders stated the
Recreation Center also is requesting to purchase a tank and sprayer for the
outdoor rink at a cost of $5,000, snow blower for $6,000 and improvement to a
storage shed for $3,000. He noted the Recreation Center had budgeted $45,000
for purchase of the equipment it will now be sharing with Public Works.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -160, approving the purchase of John Deere 4720 utility tractor and
recreation center improvements and equipment.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of 2011 & 2012 Marathon Agreement
City Administrator Hansen noted most changes are minor. He said some
changes included language related to public input on changes to the course /start
and finish lines, dates for fee payments, a small increase in the number of
participants.
Councilmember Roush said he was pleased with the changes made.
Councilmember Cook questioned the language related to item No. 4 — changes
to starting and finish lines.
Page 9 of 12
City Council Meeting October 19, 2010
City Administrator Hansen said that wording was to allow Council enough time to
make a decision on whether to approve any change to the start/finish lines.
Councilmember Cook asked about the provision for insurance and the wording of
maximum liability as set forth "from to time." City Attorney Magnuson explained
that wording is due to the fact that the maximum liability is frequently changed;
Councilmember Cook pointed out the amount may change but the statute
number does not. It was agreed to remove the "from time to time."
Councilmember Cook asked about item No. 23 and the amount of the deposit for
City costs; it was noted the deposit will be based on actual expenses from the
previous year. Councilmember Cook asked that this be a one -year contract as is
done with the art fairs and bike race and that she thought all of the large events
should be one -year contacts.
Mayor Harycki noted that the event promoter believes that having to negotiate on
an annual basis delays his marketing efforts.
City Administrator Hansen referred to the time involved in negotiating these
contracts on an annual basis.
Councilmembers Gag and Roush said they would be comfortable with a one -year
contract.
Police Chief Gannaway asked about a timeline for obtaining MnDOT permits for
road closures; City Attorney Magnuson suggested adding language to the
emergency plan section (page 5) stating that "all agreements and permits with
outside agencies must be submitted to the City no later than April 1...
Councilmember Polehna noted that art fair contracts are one -page permits,
unlike this agreement, and he noted the contract provides the ability to reopen
contract negotiations on an annual basis.
Motion by Councilmember Roush, seconded by Councilmember Gag to adopt
Resolution 2010 -161, approval of 2011 Marathon Agreement.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible approval of Private Sewer and Water Repair
City Administrator Hansen reviewed a situation involving a neighborhood
problem with water and sewer lines, where people are getting water out of a
garden hose. He said the people were informed the problem was with their
services lines and therefore their responsibility to pay for repairs. Mr. Hansen
suggested that if the property owners requested, the City may agree to pay the
upfront cost and assess the cost as a special assessment on the properties; he
Page 10 of 12
City Council Meeting October 19, 2010
noted that the City has done this on a number of occasions in the past when folks
are in a bad situation. He said he recommended that the folks with the problem
obtain written estimates of the cost; they were also advised they would have to
sign a waiver of right to contest the assessments, which have been obtained. He
said the assessment would be spread over a five -year period, with interest.
On a question by Councilmember Cook, Mr. Hansen said the City has never
required proof of hardship in the past; he also stated due to the season, this
situation does represent an emergency.
Motion by Councilmember Gag, seconded by Mayor Harycki to adopt Resolution 2010-
162, authorizing emergency repairs entering into a contract with Fuhr Trenching and
Trucking Company for the replacement of sewer water lines at 722 Martha Street and
812 Abbott Street in the city.
Councilmember Roush said he didn't think it appropriate for government to be
providing personal loans for home projects.
Mayor Harycki pointed out this is the same as is done for street projects.
City Administrator Hansen pointed out that this request is not unique to Stillwater,
other communities do the same; he reiterated these people will pay 100% of the
cost, plus 4.5% interest over the next five years.
Councilmember Cook said she thought there was enough difference about this
situation and the emergency involved.
Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Polehna provided an update on Yellow Ribbon activities. He
stated a Veterans' Day service will take place November 7 at Trinity Lutheran
Church. He thanked Councilmember Gag for his efforts in getting prints made of
the downtown Stillwater's welcome home 34th banner. He said a meet - and -greet
event is scheduled for November 9 at the Prom Center as part of the Yellow
Ribbon Network of Washington County. He said he would be giving a
presentation on Stillwater's Yellow Ribbon program at the National Recreation
and Parks Association Congress.
There was discussion of the recent ruling on the new St. Croix River crossing.
Mayor Harycki stated a meeting of the Bridge Coalition was scheduled to discuss
the impact and suggested that the Coalition seems to be the right structure to get
some political force behind the effort for a new bridge. Mayor Harycki noted the
Page 11 of 12
City Council Meeting October 19, 2010
National Park Service has left the door open indicating it would honor an act of
Congress.
ADJOURNMENT to Executive Session for Labor Contracts
Motion by Councilmember Gag, seconded by Councilmember Roush to adjourn to
executive session at 9:33 p.m. All in favor.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2010 -154, directing payment of bills
Resolution 2010 -155, approval of SafeAssure Consultants, Inc. for OSHA and
safety consultation
Resolution 2010 -156, approval of health and dental rates for 2010
Resolution 2010 -157, approval of agreement for professional services with
Carmen Tschofen
Resolution 2010 -158, authorizing the Stillwater Fire Department to apply for the
fire and rescue shared services feasibility study grant.
Resolution 2010 -159, Appointing Anne Siess and Matt Gallick to the Planning
Commission
Resolution 2010 -160, approving the purchase of John Deere 4720 utility tractor
and recreation center improvements and equipment
Resolution 2010 -161, approval of 2011 Marathon Agreement
Resolution 2010 -162, authorizing emergency repairs entering into a contract
with Fuhr Trenching and Trucking Company for the replacement of sewer water
lines at 722 Martha Street and 812 Abbott Street in the City of Stillwater
Page 12 of 12
1NC IINTNPIICN Of ■17NNIIt*
CITY COUNCIL MEETING
October 26, 2010
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:35 p.m.
Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Public Works Director Sanders
City Clerk Ward
OTHER BUSINESS
Armory Access
4:30 P.M.
Community Development Director Turnblad stated staff has been doing due
diligence work with regard to the armory site. He said the major issue that has
arisen is access. He said depending on what type of facilities are built — armory
and fire station or armory, fire station and some other type of community use —
Boutwell or Myrtle Street (County Road 12) are designed to handle the resultant
traffic. He said there are two access options: access from Boutwell only or
access from Boutwell and County Road 12. He said Washington County
Transportation Department has determined that if there is to be access from
Myrtle, the traffic needs to be distributed to both Boutwell and Myrtle Street. He
stated that financially, from the City's point of view, the best option would be
access from Boutwell only, as the only improvement that would be necessary
would be turn lanes into the site. He noted that no federal dollars can be
expended on improvements except within the boundaries of the property, which
works well with access from Boutwell only, as the armory property includes land
to the center of Boutwell Road. Mr. Turnblad pointed out that at some point in the
future, if the fire department moves to the site, there will need to be a second
access. Access from Myrtle will require turn lane improvements at an estimated
City cost of about $250,000; however, that expense wouldn't have to be incurred
until the fire department located at the site. He said the National Guard has
indicated it would be able to do most of the construction of the public road on the
interior of the site connecting Myrtle to Boutwell, including doing all the grading,
stormwater improvements, wetland mitigation, etc. He noted the City would have
to acquire some additional property to align the connecting street with Maryknoll
at Myrtle Street. He said the acquisition would have to occur before the fire
City Council Meeting October 26, 2010
department gains access to Myrtle, and that acquisition may involve an unwilling
seller situation.
Councilmember Roush said he would have a problem with access from Boutwell
only and suggested that the two accesses be done concurrently. He stated that
when the Council was presented with the property purchase option, it was with
the understanding that the only access would be from Myrtle Street.
Councilmember Roush said he would be vehemently opposed to having access
from Boutwell only due to the traffic that will be generated.
Mayor Harycki said a National Guard representative has indicated the Guard
would prefer access from Myrtle, as well; he asked about the possibility of getting
a temporary access off County Road 12 until such time as the fire department
moves to the site. Mr. Turnblad said even with a temporary access, turn lanes
would have to be constructed.
On a question by Councilmember Roush, Mr. Turnblad said it is unclear whether
there would be any traffic control added at County Road 15 and Boutwell Road,
and that won't be known until the design process get under way.
Joe Gustafson, Washington County traffic engineer, spoke of the possibility of a
traffic signal at Boutwell (80th Street) and Manning Avenue.
Mayor Harycki said he would favor doing both of the entrances at the same time,
rather than waiting for the fire department.
Councilmember Gag asked if staff had looked at the implications for the
Comprehensive Plan; Mr. Turnblad said the Comp Plan shows the land use as
residential, where typically institutional uses are allowed by special use permit.
Regarding funding for pursuing two access points from the onset, there was
discussion of the possibility of carving off a portion of the site where there are
existing residences, which could be sold to raise some revenue; Councilmember
Roush suggested a possible land swap to get the additional required land for the
Myrtle Street access.
Councilmember Cook expressed concern about the many unknowns involved in
the armory project, with a lot of additional costs in difficult economic times; she
called for the City to step back from the process /project.
On a question by Councilmember Gag, Mr. Turnblad reviewed the project
deadlines: making a decision by the first of the year as to whether the City wants
to offer the site to the National Guard, with a November 1 deadline for a decision
on whether to purchase the land for the site.
Page 2 of 9
City Council Meeting October 26, 2010
Councilmember Cook asked whether the wetlands on the site in question would
represent an issue; Mr. Turnblad said the Guard has indicated this site would
work for them.
Councilmember Cook questioned what the City would gain if nothing is built on
the site but the armory, referring to the recently approved fire services study,
which may indicate this site is not the best site for a future new fire station; she
reiterated her concern about the potential costs to the citizens of Stillwater.
Councilmember Roush spoke of the potential $2 million in savings by
cooperating with the Armory for a future site for a new fire station.
Councilmember Polehna spoke of the importance for planning for the future and
keeping options open for future opportunities at a less cost. There was
discussion of the best location for a future fire station. Mr. Turnblad pointed out
that by closing on the property by November 1, the City is protecting its option to
build there — it doesn't mean the City has to build there if it is later determined
this whole project isn't going to work as there is always the option of selling the
property at that time.
Mayor Harycki also pointed out that the two residences on the property could
also be sold off later if a decision is made to not move forward with the project.
Mr. Turnblad briefly referred to the project timetable included with the agenda,
noting there is lots of opportunity for public input. He also said the Phase 1
environmental investigation has been completed, with nothing unexpected in the
report.
On a question by Councilmember Roush, Mr. Turnblad said an issue with a
barn /house is a township issue at this point; there was discussion about the
possibility of using demolition as a training tool.
Councilmember Polehna talked about the Guard's commitment to the project.
In discussion, it was noted closing on the property will take place November 1
unless the Council directs otherwise.
Motion by Councilmember Roush, seconded by Councilmember Polehna moved to
move forward with the purchase and to pursue the dual entrances, Myrtle and Boutwell,
to the site. Motion passed 4 -1, with Councilmember Cook voting no.
Pavement Management
Assistant Engineer Kraftson reviewed the 2010 pavement management study.
He noted the study rates streets according to five criteria — patching, alligator
cracking, edge cracking, transverse cracking and ride quality. Once streets are
Page 3 of 9
City Council Meeting October 26, 2010
rated according to the five criteria, an overall rating — excellent, fair, poor and
worst -- is given to the streets. Of 89.7 miles in the City, about 45 miles were
rated, any new or streets reconstructed in the past 15 years were not analyzed,
but were classified as good or excellent. Of the 45 miles rated, 17.4 miles were
either good or excellent, 17 miles fair, 10.6 miles poor and 1 mile rated worst
condition. He informed the Council that a comparison of the studies done in the
past four years indicates that excellent/good ratings has been relatively
consistent, while the miles rated fair has been increasing slightly, miles rated
poor has been fairly consistent, and those rated worst have decreased. He
showed slides indicating the locations of the streets, previous street improvement
projects and the proposed 5 -year capital improvement plan, including streets
proposed for reconstruction and those for mill and overlay projects. He said the
5 -year plan includes 8.9 miles of reconstruction and 8 miles of mill and overlay.
He stated the recommendation is to continue to dedicate 70% of street
improvement funds to reconstruction and 30% to mill and overlay; to continue
maintenance of patching and crack sealing; and to reevaluate the plan in 3 years.
He said the recommendation also is to continue to reconstruct neighborhoods
whenever possible to provide more efficiency; to continue upgrading utilities
along with the street projects; and to continue targeting 1/2 inch of stormwater
infiltration with the projects. He said authorization to do a feasibility report for a
2011 improvement program will be brought to Council at the next meeting.
On a question by Councilmember Roush, Public Works Director Sanders said
there is a study being conducted by MnDOT to determine the cause of a
technical problem with seal coating and that the study is expected to take about
two years. He stated that seal coating will be discontinued until that study is
complete.
Councilmember Polehna suggested that a pavement management plan ought to
be done for the City's bike trails as well.
Mr. Kraftson stated the rating maps and 5 -year CIP will be posted on the City's
web site.
STAFF REPORTS
City Clerk Ward reminded residents of the hours for absentee voting.
Community Development Director Turnblad said in the wake of the National Park
Service's position on the new river crossing, staff has had discussions with
MnDOT about the mitigation items associated with the new crossing. He said
there are some items that in progress that MnDOT will continue with, but items
that are not fairly well along in completion will be put on hold, including the
Shoddy Mill relocation project.
Page 4 of 9
City Council Meeting October 26, 2010
Public Works Director Sanders provided an update on the Millbrook park areas
by stated that the City has received title to the two park properties, and the
developer has been re- grading and putting in top soil and will be responsible for
seeding and fertilizing the park area(s). He said as part of the development
agreement, the City did receive $40,000 for park improvements, primarily for
irrigation systems for the two areas. He also informed the Council that staff would
be meeting again with the DNR to discuss the potential for a boat launch at the
former Cayuga site.
City Administrator Hansen said some progress in being made in negotiations for
the refuse contract. He said the City Clerk is preparing a questionnaire to be sent
to other cities regarding rates and other services and that he also has asked
Waste Management to prepare a spread sheet regarding their other contracts.
He stated that he and the City Clerk would be meeting with Waste Management
people on November 15. Mayor Harycki suggested the issue of early pickup start
be included in the negotiations.
The meeting was recessed at 5:50 p.m.
RECESSED MEETING 7:00 P.M.
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
Public Works Director Sanders
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES - Minutes for October 19, 2010 will be available for approval
on November 16, 2010
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Sheri Vrieze and Rose Haucge - Chemical Health Action Collaborative
Sheri Vrieze of the Chemical Health Action Collaborative gave a presentation
about the work/mission of the Collaborative and possible partnership
opportunities. She reviewed some of the most recent statistics regarding alcohol
use among Washington County youths, which indicate use here, while
Page 5 of 9
City Council Meeting October 26, 2010
decreasing, is still much higher than the national average. She noted that past
survey results have indicated that Stillwater School District results are 2 -3%
higher than the county's average. She talked about youths' perception of the
community's view of alcohol use, and statistics of use in communities where
there are collaborative efforts such as Washington County's. She talked about
opportunities for community participation in Collaborative efforts to reduce youth
access to alcohol, such as: alcohol compliance checks, community event
management, training of servers, fines and fees for violation of alcohol
ordinances, and a social host ordinance.
Councilmember Roush suggested providing the server training via DVD; Ms.
Vrieze said that is something the Collaborative might be able to facilitate.
Ms. Vrieze noted that Stillwater's alcohol license fees are low and violation fines
low as compared to other communities; she also noted that Stillwater has no
server training requirement, no keg registration requirement and no regulation
regarding home delivery of alcohol. Ms. Vrieze specifically addressed the
passage of a social host ordinance that holds a property owner /parent
accountable for any underage use that they know is happening on their property;
she noted that are 56 communities in the state, and several in Washington
County, including Oak Park Heights, that currently have such ordinances. A
sample ordinance was included in the materials provided. Ms. Vrieze concluded
by offering the assistance and resources of the Collaborative. Councilmember
Cook suggested that the Council give thought to participating in the
Collaborative.
Mayor Harycki suggested that Attorney Magnuson review the sample social host
ordinance and provide a report/recommendation at an upcoming meeting; Mr.
Magnuson said he would do that and get input from Police Chief Gannaway.
Councilmember Cook also suggested that the existing fines be reviewed;
Councilmember Roush pointed out that the initial fines may be on the low side,
but subsequent violations are more severe.
Councilmembers thanked Ms. Vrieze for her presentation.
Proclamation: Red Bulls Day
Mayor Harycki read a proclamation designating November 7 as Red Bulls Day in
the City of Stillwater.
Certificate of Appreciation: Tierney Brothers
Mayor Harycki presented the Certification of Appreciation to Tierney Brothers for
their support of the Beyond the Yellow Ribbon activities. Councilmember Polehna
presented a certificate and pin on behalf of the Stillwater Beyond the Yellow
Page 6 of 9
City Council Meeting October 26, 2010
Ribbon Community; he presented a print, made possible by Tierney Brothers, to
Mayor Harycki to be displayed at City Hall.
Motion by Councilmember Gag, seconded by Councilmember Roush to adopt
Resolution 2010 -169, Certificate of Appreciation presented to Tierney Brothers
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Blue Star Award - Trevor Russell — Friends of the Mississippi River
Trevor Russell of Friends of the Mississippi River presented the City with a Blue
Star Award. He explained the Blue Star Award program and the intent to honor
those communities that go above and beyond the minimum to protect and
manage clean water resources. He noted that Stillwater is among only 9
communities in the state, the first in Washington County, to receive the award.
Mayor Harycki and Public Works Director Sanders accepted the award on behalf
of the City.
OPEN FORUM
No comments were received.
CONSENT AGENDA
Resolution 2010 -165, directing payment of bills
Resolution 2010 -166, abating special assessments
Possible approval of 2011 Cable Communications Budget
Resolution 2010 -167, a resolution rejecting all bids, directing staff to revise the
General Conditions & Specifications, and directing staff to submit the revised
General Conditions & Specifications to a public bid process for the Municipal
Park Ramp Video Surveillance Project
Resolution 2010 -168, approval of 2011 -2013 Fire Contract with Stillwater
Township
Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the
Consent Agenda as presented.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Page 7 of 9
City Council Meeting October 26, 2010
There were no unfinished business items
NEW BUSINESS
Possible accepting of quotes and awarding the contract for the 2010 Sign Proiect
Public Works Director Sanders noted the signs are being replaced to comply with
federal requirements. He said municipal state aid funds can be used to pay for
signs on municipal state aid streets. He informed the Council that there are
about 104 intersections on state aid streets that would be replaced, about 25% of
the signs. He said bids were solicited with the low bid from TranSignal for
$26,520 and that the cost includes making of the signs, installation, salvage of
the old signage and new posts where required.
Councilmember Roush asked about the signs along Eagle Ridge Trail and said
current signage is very difficult to read because of the small font size of the
various associated street names. Mr. Sanders said the lettering size will be
increased when the project gets to the non -state aid street sign replacements.
Mayor Harycki questioned the amount involved and whether City staff couldn't do
the work in house. In discussion, it was noted there is a 2012 deadline for
compliance with the new lettering requirements; Mr. Sanders said staff would be
working on doing the non -state aid street signage.
Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt
Resolution 2010 -170, accepting quotes and awarding contract for street sign
replacement on State Aid Streets.
City Administrator Hansen said, while he didn't agree with the mandate, he
approved the recommendation.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Cook asked Mr. Hansen about the results of the energy audit.
Mr. Hansen said he hadn't received the report yet, but stated that he was
somewhat disappointed in the results. Mr. Hansen said City Hall was done
initially.
Councilmember Polehna suggested that there are other things the City can be
doing to improve as a green community and noted there is a new state program
that will require the City to show energy use of its buildings in the state audit
report.
Page8of9
City Council Meeting October 26, 2010
Councilmember Roush asked City Attorney Magnuson to review the City's
options regarding grandfathering before the second reading of the pool fence
ordinance.
ADJOURNMENT
Motion by Councilmember Gag, seconded by Councilmember Roush, moved to adjourn
at 8:05 p.m. All in favor.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
Resolution 2010 -165, directing payment of bills
Resolution 2010 -166, abating special assessments
Possible approval of 2011 Cable Communications Budget
Resolution 2010 -167, a resolution rejecting all bids, directing staff to revise the
General Conditions & Specifications, and directing staff to submit the revised
General Conditions & Specifications to a public bid process for the Municipal
Park Ramp Video Surveillance Project
Resolution 2010 -168, approval of 2011 -2013 Fire Contract with Stillwater
Township
Resolution 2010 -169, Certificate of Appreciation presented to Tierney Brothers
Resolution 2010 -170, accepting quotes and awarding contract for street sign
replacement on State Aid Streets
Page 9of9
RECORD OF CANVASSING BOARD
Date convened: Friday, November 5, 2010
Time convened: 8:02 a.m.
Time adjourned: 8:07 a.m.
Members Present: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki
Members Absent: None
Also present: Diane F. Ward, City Clerk
Purpose: Canvass of General Election, November 2, 2010, Election Results
City Clerk Ward presented the results for the November 2, 2010 Municipal General
Election as follows:
WARD 1 WARD 4
DOUG MENIKHEIM 1012 MIKE POLEHNA
STEVE RUSSELL 563 WRITE -INS
WRITE -INS 8
MAYOR
KEN HARYCKI 4267
DAVE JUNKER 4107
WRITE -INS 32
1716
13
Motion by Councilmember Roush, seconded by Councilmember Cook to accept the
election results as presented. All in favor.
Adjournment: Motion by Councilmember Roush, seconded by Councilmember
Polehna to adjourn at 8:07 a.m.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
LIST OF BILLS
EXHIBIT " A" TO RESOLUTION #2010 -171
3M
A -1 Maintenance, Inc.
Ace Hardware
Action Rental, Inc.
Amano McGann, Inc.
Amber Sacha
Animal Humane Society
Aramark Uniform Services
Aspen Mills
AT &T
B & B Products /Rigs and Squads
Bald Eagle Sportsmen's Assoc.
Bell's Trucking Inc.
Board of Water Commissioner
Bonestroo
Boyer Truck Minneapolis
Carlson Sports Marketing
Carquest Auto Parts
CATCO Parts and Service
CDW Government, Inc.
Century Power Equipment
Coca Cola
Cole Papers
Comcast
Cub Foods
Delta Dental Plan of Minnesota
Dragonfly Gardens
Earl F. Anderson, Inc.
Eichten's Service
Fastenal Company
Fed Ex
Frank Madden's Associates
Fury Dodge Chrysler
Glaser Stuart
Gopher Bearing
Gopher State One Call, Inc.
Grainger
Greater Stillwater Chamber of Commerce
Hardrives Inc.
Helmer Printing, Inc.
Heritage Printing, Inc.
Holiday Credit Office
Holman Rose M.
Ice Skating Institute
Green Sign film
Cleanup Services
Supplies
Storm repair,Storage Shed
Gate Arms
Refund Parking Ramp
3rd Qtr Animal Shelter
Uniforms, Mats, Towels
Uniforms
Telephone
Squad Repair
Police Membership Target Range
Nuisance Property
WAC Charges October 2010,Hydrant Repair
Stillwater Boutwell Road Wetland Mitigat
Equipment Repair Supplies
All State Floor Graphics
Equipment Repair Supplies
Equipment Repair Supplies
Diskeeper 20101 yr. Maintenance
Bulk Hose, Battery
Concession Supplies
Janitorial Supplies
Cable
Concession Supplies, Election Meals
Dental Cobra November 2010
Rain Garden Plantings
Sign Ext Rods
Inducer Motor for RTU
Repair Supplies
Postage
Labor Relations Services thru 9/30/2010
Squad Repairs
Lodging MSFCIA Training Conference
Puly, Sheave
Billiable Tickets
Equipment Repair Supplies
2011 Annual Membership
Bike Path Legends Park
Learn to Skate Flyers
Business Cards
Fuel
Paint, Cord Duct,Brush Spackle Computer Rm
Skater Membership
577.13
3,633.72
438.17
695.53
496.97
6.00
587.82
763.89
164.31
158.65
1,971.42
210.00
7,500.00
5,789.73
812.17
261.26
113.60
158.07
4,508.23
495.91
108.13
1,044.90
206.87
228.14
113.55
196.55
1,325.18
1,040.43
360.79
20.72
20.28
531.85
2,935.45
220.54
109.23
352.35
153.40
735.00
3,000.00
1,086.16
97.20
31.00
67.95
103.00
EXHIBIT " A" TO RESOLUTION #2010 -171
Infratech, Inc.
International Code Council, Inc.
JB Contracting
J.H. Larson Electric
J.P. Cooke Co. The
Kirvida Fire, Inc.
KorTerra, Inc.
Lakeview Hospital
League of Minnesota Cities
Lehmoine Chyrisse
Linhoff Thomas
Loffler Companies, Inc.
Lynn Peavy Company
Medical Technologies, Inc.
Menards
Metropolitan Council Environmental
Metropolitan Council
MN Occupational Health
MN Pollution Control Agency
Mouser Electronics
NAPA Auto Parts
Northside Welding & Repair LLC
Office Depot
OnSite Sanitation
Professional Wireless Communications
Pro Guard
Riedell Shoes, Inc.
Rogness Chad
Schaffer Stephen
Sentry Systems, Inc.
Sprint PCS
St. Croix Boat & Packet Co.
St. Joseph Equipment
Stillwater Motor Company
Sun Newspapers
SW /WC Service Cooperatives
Sykes Kyle A
T- Mobile
T.A. Schifsky & Sons, Inc.
Tessman Seed Co. - St. Paul
Toll Gas &Welding Supply
Tri State Bobcat, Inc.
Uniforms Unlimited, Inc
Verizon Wireless
Veterans Memorial
Page 2
Televising of Sanitary Sewer
Membership
Reroof Lily Lake Picnic Shelter
Heater for Shed
Dog License Tags
Repairs on ladder 6112
Ticket Splitting 11/1/2010- 10/31/11
Legal Blood Draw
MN Cities Stormwater Coalition
Gift Card for Tobacco Compliance
Housing for MN State Fire Chief Conf.
1 year maintenance and support for Firew
Kraft Evidence
Calibration of Sound Meters
Supplies
Metro Waste Dec 2010
October 2010 Monthly SAC
Drug Testing
Levy Project Stage 3 Floodwall,MS4 Coverage
Tyco Circuit Breakers
Wrenches, Ratchets, Sockets, Extensions
Repair Diesel Fuel Tank
Office Supplies
Unit Rentals
Kenwood Battery
Sport Shop Supplies for Resale
Skates for Resale
Reimburse Steel Work Boots
Grading Escrow Refund
Monitoring Services New Shed
CeII Phone
October Arena Billing
Equipment Repair Supplies
Vehicle Repair
Publications
Insurance
Reimburse Fuel SRTTraining Ft. McCoy
CeII Phone
Asphalt
Herbicide for Reed Canary Grass and Buck
Acetylene
Mower Blade
Taser, Cartridge XP
CeII Phones
Maintenance Agreement
11,891.73
100.00
2,600.00
619.23
64.19
669.42
800.00
40.00
690.00
30.00
220.54
3,521.53
68.25
392.56
723.01
118,390.29
10, 395.00
353.00
475.00
37.68
39.91
200.00
783.76
2,500.11
168.70
212.62
1,391.21
49.98
1,500.00
921.26
91.70
44,110.60
469.95
935.43
206.14
42,968.32
87.50
42.73
3,255.79
286.80
10.20
106.58
1,024.61
1,858.49
4,347.00
EXHIBIT " A" TO RESOLUTION #2010 -171 Page 3
Viking Industrial Center
Wal Mart Community
Ward Diane
Watson Company, Inc. The
Wingfoot Commercial Tire
Wulfing David
Yocum Oil Company
Zayo Enterprise Networks,LLC
LIBRARY
Aramark
Baker & Taylor
Baker & Taylor 2
Baker & Taylor Rental
BWI
Comcast
Gaylord Bros.
Heritage Printing
Howe, Lindy
Linner Electric
Midwest Tape
Office of Enterprise Technolody
Quill
Richard Wente Studios
Secure Response
Vacland
Xcel Energy
Max Disposable Foam Ear Plugs
Scan Disk, Batteries
Reimburse Meals for Election
Concession Supplies
Tires for Trucks
Reimburse K -9 Boarding
Fuel
Telephone
Rug & Towel Service
Library Materials
Materials'
Rental Collection
Children's Books
Telecommunications
Processing Supplies
Supplies
Book
Lighting Repair
Rental DVD's
Telephone
Office Supplies
Equipment
Maintenance Contract
Facilities Small Equipment
Utilities
89.17
26.62
65.31
179.90
1,060.99
90.00
2,417.07
568.58
63.21
1,503.58
371.59
171.59
1,033.19
49.90
128.58
19.50
8.56
445.00
48.28
336.61
353.43
350.00
155.67
471.00
3,779.01
RESOLUTION 2010 -172
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE
CITY OF STILLWATER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Stillwater on behalf of its Prosecuting Attorney and Police Department desires
to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety,
Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice
data communications network for which the City is eligible. The Joint Powers Agreements further
provide the City with the ability to add, modify and delete connectivity, systems and tools over the five
year life of the agreement and obligates the City to pay the costs for the network connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of
Stillwater on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies
of the two Joint Powers Agreements are attached to this Resolution and made a part of it.
2. That the Police Chief, John Gannaway, or his or her successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to sign
any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Craig Peterson,
Captain for the Police Department is appointed as the Authorized Representative's designee.
3. That the City Attorney, David T. Magnuson, or his or her successor, is designated the Authorized
Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, John Magnuson,
Magnuson Law Firm is appointed as the Authorized Representative's designee.
4. That Ken Harycki, the Mayor for the City of Stillwater and Diane F. Ward, the City Clerk, are
authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the Stillwater City Council on this 16th day of November, 2010.
CITY OF STILLWATER
By: Ken Harycki, Its Mayor
ATTEST:
By: Diane F. Ward, Its City Clerk
DP S- M -0962
MN0820600
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CRIMINAL JUSTICE AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ( "BCA ") and City of Stillwater on behalf of its Police Department ( "Agency ").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice
data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains
repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties.
Agency wants to access these data in support of its criminal justice duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1 Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
1
DPS- M -0962
MN0820600
2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
www.dps.state.mn.us /cjdn/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https: / /sps.x. state. mn. us / sites /bcaservicecataloW/default.aspx.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's
transaction record meets FBI -CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to
occur.
2
DPS- M -0962
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If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The
transaction record must include the individual user who requested access, and the date, time and content of the
request. The transaction record must also include the date, time and content of the response along with the destination
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. § 299C.46 as specified in this Agreement. The Stillwater Police Department pays for [1] lines and [1] terminals.
The bills are sent quarterly for the amount of [$270.00] or a total annual cost of [$1,080.00].
Agency will identify its contact person for billing purposes, and will provide updated information to BCA's
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her
successor.
The Agency's Authorized Representative is John Gannaway, Chief, 216 N 4th Street, Stillwater, MN 55082, (651)
351 -4906 or his/her successor.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, or their successors in office.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
3
DPS- M -0962
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7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat.
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes
aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any
restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
4
DPS- M -0962
MN0820600
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
5
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12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as required
by Minn. Stat. §§ 16A.15 and 16C.05.
Name:
(PRINTED)
Signed:
Date:
CFMS Contract No. A-
2. AGENCY
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
6
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Date:
RESOLUTION 2010 -173
APPROVING RENEWALS OF ON -SALE, OFF -SALE, CLUB,
WINE, WINE WITH STRONG BEER, SUNDAY ON -SALE, ON -SALE 3.2 %,
OFF -SALE 3.2%
LIQUOR LICENSES AND TOBACCO LICENSES FOR 2011
WHEREAS, requests for renewals have been requested by the businesses listed below: and
WHEREAS, approval is contingent upon receipt of all required documentation, completion of
background investigations, and the fulfillment of all requirements for eligibility to hold a liquor
and /or tobacco license in the City of Stillwater;
NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby
approves the renewals of the businesses listed below for On -sale, Off -sale, Club, Wine, Win
with Strong Beer, Sunday On -sale, On -sale 3.2 %, Off -Sale 3.2% liquor licenses and tobacco
licenses for 2011.
Acapulco of Stillwater, Inc.
Stillwater American Le• ion #48
Acapulco Mexican
Restaurant
American Le•ion
Aristos LLC
Brine's Bar & Restaurant, LLC
SuperValu, Inc.
SuperValu, Inc.
Dock Cafe Cori.
Domacin LLC
Ele•hant Walk Inc.
D & D of Minnesota
Frei • ht House LLC
Hansen's Li •uors LLC
EKS Inc.
Haskell's, Inc.
Yocum Oil Com •an
Stillwater Kitchens LLC
Kwik Trip, Inc.
Lens Famil Foods
Liberty Village Wine & Spirits,
Inc.
Lo• •ers Inc.
St. Croix Boat & Packet Co.
Luck 's Station LLC
Luck 's Station LLC
Aristos
Brine's Bar & Restaurant
Cub Discount Liquor
Cub Foods
Dock Cafe
Domacin Wine Bar
Ele•hant Walk B & B
Famous Dave's BBQ
Frei • ht House
Hansen's Li •uors
Harbor Bar
Haskell's
Yocum's Holida #3838
Kitchen in Stillwater
Kwik Tri • #415
Lens Famil Foods
Libert Wine & Spirits
Lo • •ers
Lowell Inn
Luck 's Station
Luck 's Station
ON -SALE, SUNDAY
CLUB
WINE W /SB
ON -SALE, SUNDAY
OFF -SALE
3.2 ON -SALE
ON -SALE, SUNDAY
WINE W /SB
WINE
ON -SALE, SUNDAY
ON -SALE, SUNDAY
OFF -SALE, TOBACCO
ON -SALE, SUNDAY, TOBACCO
OFF -SALE, TOBACCO
3.2 OFF -SALE, TOBACCO
ON -SALE, SUNDAY
TOBACCO
TOBACCO
OFF -SALE, TOBACCO
ON -SALE, SUNDAY, TOBACCO
ON -SALE, SUNDAY
TOBACCO
TOBACCO
Luna Rosa, Inc
Luna Rossa Trattoria &
Wine Bar
ON -SALE, SUNDAY, OFF -SALE
Mad Capper Saloon & Eatery
Inc.
Mad Capper
ON -SALE, SUNDAY
B.A. Mensch, Inc.
Marx Wine Bar and Grill
ON -SALE, SUNDAY
Meister, Eileen V.
Meister's Bar & Grill
ON -SALE
Raeburn & Associates
MGM Liquor Warehouse
OFF -SALE
C & G Sukopp, LLC
Murasaki
ON -SALE, SUNDAY
VDR Inc.
Nacho Mama's
ON -SALE, SUNDAY
E & K Convenience, Inc.
Neighbor Stop
TOBACCO
North Hill Liquor Ltd.
North Hill Liquor
OFF -SALE
Minnesota Winegrowers
Cooperative
Northern Vineyards
3.2 ON -SALE
Oak Glen Limited Ptsp.
Oak Glen
ON -SALE, SUNDAY
Beach Blanket Bingo Inc.
P.D. Pappy's
ON -SALE, SUNDAY
Reve' 324 Inc.
Reve' 324
WINE W /SB
Oasis Cafe Inc.
River Oasis Cafe
WINE W /SB
Rivertown Inn, LLC
Rivertown Inn
WINE
DJ Companies of Stillwater
Ruby Begonia's
ON -SALE, SUNDAY
Savories LLC
Savories
ON -SALE, SUNDAY
Bad Latitude, LLC
Smalley's Carribbean
Barbeque
ON -SALE, SUNDAY
Stillwater Country Club, Inc.
Stillwater Country Club
CLUB
Stillwater K.C. Hall, Inc.
Stillwater K.C. Hall
CLUB, TOBACCO
BPOE Lodge 179
Stillwater Lodge
CLUB
Moreno Diversified, Inc.
Stillwater Station
TOBACCO
Olivier and Louis Inc.
The Bikery
WINE W /SB
The Chef's Gallery, LLC
The Chef's Gallery
WINE W /SB
St. Croix Boat and Packet Co.
The Grand
WINE W /SB
Tobacco Market, Inc.
Tobacco Market
TOBACCO
St. Croix Preservation Co., Inc.
Water Street Inn
ON -SALE, SUNDAY, TOBACCO
DNR Properties LLC
Whitey's
ON -SALE, SUNDAY, OFF -SALE,
TOBACCO
Adopted by Council this 16th day o
f November, 2010.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
illwater
Administration
Memorandum
To: Mayor & City Council
From: Diane Ward, City Clerk
Date: 11/10/2010
Re: Transfer of On -sale & Sunday Liquor License
As required, a public hearing must be held for any transfer of liquor licenses. A liquor license
application has been received from Larry Cramer for the transfer of an On -Sale & Sunday
liquor license from The Cherry Bowl LLC, DBA: The Cherry Bowl to Rafters, LLC.; DBA:
Rafters, at 317 Main Street S., Stillwater, MN.
Approval for transfer of the licenses should be contingent upon approval by Police, Finance,
Fire, Building Departments and Minnesota Liquor Control.
ACTION REQUIRED:
If Council desires to issue a new On -Sale liquor license they should pass a motion to adopt
Resolution No. 2010- APPROVING THE TRANSFER OF A ON -SALE & SUNDAY
LIQUOR LICENSE TO RAFTERS, LLC.; DBA: RAFTERS, 317 MAIN STREET S.,
STILLWATER, MN
APPROVING THE TRANSFER OF AN ON -SALE & SUNDAY LIQUOR
LICENSE TO RAFTERS, LLC.; DBA: RAFTERS, 317 MAIN STREET S.,
STILLWATER, MN
WHEREAS, an application has been received from Larry Cramer requesting the
transfer of an On -Sale & Sunday liquor license from The Cherry Bowl LLC, DBA: The
Cherry Bowl to Rafters, LLC.; DBA: Rafters, at 317 Main Street S., Stillwater, MN
WHEREAS, a public hearing on the transfer of the liquor license was held on November
16, 2010; and
WHEREAS, all required forms have been submitted and fees paid.
NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota,
hereby approves the issuance of a Wine & Strong Beer Liquor license conditioned upon
approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota
Liquor Control.
Adopted by Council this 16th day of November, 2010.
Ken Harycki, Mayor
Attest:
Diane F. Ward, City Clerk
City Council
DATE: November 9, 2010
APPLICANT: City of Stillwater
CASE NO.: 2010 -42
REQUEST: Ordinance amendment related to nonconforming lots and
nonconforming structures
CC DATE: November 16, 2010
REVIEWED BY: City Attorney, Community Development Director
PREPARED BY: Michel J. Pogge, City Planner
BACKGROUND
Looking back at past variance cases, the City has consistently approved variances that allow new
structures or additions to structures on nonconforming lots and/or an addition to nonconforming
structures when the proposal meets all setback, lot coverage, and other zoning requirements.
Due to the recent Krummenacher vs City of Minnetonka variance case, it will be difficult for the
City to grant many of these same requests in the future.
Staff has been reviewing ways to allow these types of projects to continue. The attached
ordinance aims to address this.
EVALUATION OF REQUEST
Much of the eastern portion of the City developed prior to the formal adoption of the current
zoning regulations by the City on January 1, 1963. Where many of the properties in the historic
core meet the area and setback requirements established by zoning, a number of properties fail to
meet these standards since they were built or their property lines were set prior to the
establishment of the modern zoning regulations.
The original purpose of a variance was to provide relief from the strict interpretation of zoning
regulations due to unusual or extraordinary conditions. Since the Commission has taken up a
number of variances related to this issue and has routinely provided relief to the property owners
when all other regulations (i.e. setback, area coverage, etc) are met by the proposed construction.
Since this has become the norm, it seems prudent that a code change be made and the benefit be
extended to all owners of pre -1963 property in the community.
Nonconforming lots and nonconforming structures
Zoning Text Amendment
Page 2 of 3
It is important to consider the purpose of considering a property to be nonconforming and what
the ramifications of this change are. Traditionally, when zoning is implemented, one goal is to
gradually have nonconforming properties become conforming properties over time. It can take
years (or decades) to accomplish through remodeling, reconstruction or other changes; however,
as changes occur they provide an opportunity to have every property conform with the standards
set in the zoning regulations. In the context of our historic core, change like this could be
undesirable. If a historic home for example, fails to meet a front yard setback, as a community
we may not want to see it torn down and rebuilt to simply meet the current zoning standards. In
fact, for that reason, many of the variances that have been grated were done so under the auspice
of preserving the neighborhood fabric and character while allowing the property owner to
modernize the home to meet their current needs.
Existing nonconforming structures
Related to nonconforming structures in which a permit for the structure was issued on or prior to
December 31, 1962, the code change will consider the structure to be conforming and allow an
addition to the structure so long as 1) the owner of the lot does not own any adjoining property;
and 2) the proposed addition itself meets all development standards for the zoning district. If the
owner does own any adjoining property and if by combining those two properties the property
would be less nonconforming or outright conforming, then the property owner would be required
to combine the two lots prior to the issuance of a building permit.
For purposes of this ordinance, if two or more platted lots, were previously combined for tax
purposes they cannot be uncombined and be considered buildable unless each lot meets current
zoning standards.
Existing Nonconforming House
Existing Garage
O
2 0 foot
front
setback
The graphic to the left shows an
existing home and garage on a
nonconforming corner lot and in
which the structures themselves
are nonconforming. With this
code change, an addition to the
home could be built in the hashed
"buildable area" without a
variance as long as the addition
meets all other code
requirements.
Nonconforming lots and nonconforming structures
Zoning Text Amendment
Page 3 of 3
Existing nonconforming lots of record
For nonconforming lots of record, if the lot was of record as of January 1, 1963 and has remained
unchanged since that time, then the lot will be considered buildable for the purposes of zoning so
long as: 1) the owner of the lot does not own any adjoining property; and 2) only one dwelling
unit shall be allowed unless the lot meets the minimum lot area requirements of the zoning
district for additional dwelling units; and 3) all other development standards for the zoning
district are met. This change would allow a new structure on a vacant lot.
This change would not apply to lots that fail to meet an area, width or depth requirement of
Chapter 31, Article IV, "Overlay Zoning Districts and Regulations" or Chapter 31, Article V,
Division 4, "Conservation Regulations — All Districts ", which includes rules covering the St.
Croix Riverway, shoreline regulations, and steep slope regulations.
O
135
25 foot
rear setback
5 foot side setback
5 foot side setback
20 foot
front
setback
-1111-►
ALTERNATIVES
The City Council has the following options:
1) Approve the first reading of the ordinance.
2) Deny the first reading of the ordinance.
3) Table action on the ordinance for more information.
The graphic to the left
shows a nonconforming
pre -1963 vacant lot. With
this code change a
structure could be built in
the hashed "buildable
area" without a variance.
ACTION BY THE PLANNING COMMISSION
The Stillwater Planning Commission reviewed the Zoning Text Amendment request at their
October 11, 2010 meeting. The Commission discussed impacts this change would have and felt
that approval of the code change following past practices of the City. The Commission
unanimously recommended City Council approval of the ordinance.
RECOMMENDATIONS
Staff recommends approval of the ordinance.
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 31, ENTITLED ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Purpose. The City of Stillwater finds it necessary to provide relief to property owners
with nonconforming lots and nonconforming structures.
2. Amending. City Code Chapter 31, Section 31 -101. Definitions are amended by adding
the following definition for "Legal Non - Conforming Lots of Record ":
91.5 Legal Non - Conforming Lot of Record means a parcel of land that has been
of record in the Washington County Recorder's Office prior to January 1,
1963 and that has had no property line modifications since that date.
3. Amending. City Code Chapter 31, Section 31 -102. Application of regulations is
amended by adding the following subsection (g) and (h) related to "Existing
nonconforming lots of record" and "Existing nonconforming structures ":
(g)
Existing nonconforming lots of record. In any district where residential
uses are permitted, structures may be erected on any legal non - conforming
lot of record, irrespective of its area, width or depth, provided that: 1) the
owner of the lot does not own any adjoining property; and 2) only one
dwelling unit shall be allowed unless the lot meets the minimum lot area
requirements of the zoning district for additional dwelling units; and 3) all
other development standards for the zoning district are met. If the owner
of the nonconforming lot also owns adjoining property, the subject
nonconforming lot must be combined with the adjoining property prior to
receiving a building permit for construction of a structure. If two or more
platted lots, in which at least one of the lots is nonconforming
individually, were previously combined for tax purposes they cannot be
uncombined and be considered buildable for purposes of this section. This
subsection shall not apply to lots that fail to meet an area, width or depth
requirement of Chapter 31, Article IV, "Overlay Zoning Districts and
Regulations" or Chapter 31, Article V, Division 4, "Conservation
Regulations — All Districts ".
(h) Existing nonconforming structures. In any district where residential uses
are permitted, additions to an existing structure (primary or accessory)
may be erected on any such structure for which a building permit was
issued on or prior to December 31, 1962, irrespective of existing
nonconformities that may exist for the structure, provided that 1) the
owner of the lot does not own any adjoining property; and 2) the proposed
addition itself meets all setback and development standards for the zoning
district. If the owner of the lot also owns an adjoining parcel, prior to
constructing the desired addition, that parcel must be combined with the
Ordinance No.
Page 2 of 2
parcel upon which the subject nonconforming structure is sited, if that
property combination would make the structure conforming or lessen its
nonconformity. If such a property combination is irrelevant to the
nonconformity, then the combination is not required prior to erecting the
addition. As an example, if a structure has a nonconforming side property
line setback, and the owner of the lot owns the adjoining property adjacent
to the subject side property line, then the properties must be combined
prior to construction of the addition. If however, the adjacent property is
on the opposite side of the structure, combination of the two parcels would
not improve the nonconforming side setback and therefore the parcels
would not have to be combined.
4. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect.
5. 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 day of , 2010.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane Ward, City Clerk
THE BIRTHPLACE OF MINNESOTA
City Council Memo
DATE: November 9, 2010
APPLICANT: City of Stillwater
CASE NO.: 2010 -12
REQUEST: Consider amending Building Code for Swimming Pools
HEARING DATES: City Council: April 6, 2010 and October 19, 2010
Planning Commission: July 12, August 9, September 13, 2010
FROM: Bill Turnblad, Community Development Director
The City Council approved the first reading of the swimming pool safety barrier ordinance
amendment at the October 19, 2010 Council meeting. The ordinance amendment requires
fencing (or a similar vertical barrier) around all swimming pools. However, those pools that
have power safety covers installed by City permit since June 21, 2005 will be considered legal
non - conforming safety barriers, and their continued use would be grandfathered.
On the issue of "grandfathering ", Councilmember Roush requested that City Attorney Magnuson
provide a legal opinion, which is attached.
Attachments: Ordinance
Legal Opinion on Non - Conforming Use Issue
Planning Report
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
CHAPTER 33, ENTITLED BUILDING CODE BY REVISING
THE SAFETY BARRIER STANDARDS FOR SWIMMING POOLS
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Add. City Code Chapter 33, Section 33 -2 is amended by adding the following
definition to Subdivision 2:
Power Safety Cover means a barrier which can be placed over the water area
and removed with a motorized mechanism actuated by a suitable control
mechanism.
2. Replace. City Code Chapter 33, Section 33 -2, Subdivision 14 is deleted in its
entirety and replaced by the following:
Subd. 14. Safety Barriers. All swimming pools must be provided with
safeguards to prevent children under the age of five from gaining uncontrolled
access. All swimming pool safeguards must be approved by the building official
prior to issuance of a permit to construct the swimming pool. The swimming pool
safeguarding may be accomplished with fencing, walls, natural barriers such as
bluffs, rivers, or lakes that would provide a similar degree of protection as a fence,
or other enclosure of sufficient density and strength as to be impenetrable. Above
grade pools and their above grade decks that have sides at least four feet high above
grade and are not readily climbable need only have a safety enclosure around the
means of access. Any above grade pool equipment must be at least 10 feet away
from the pool and above grade deck, or the equipment must be surrounded by a
non - climbable four foot tall safety enclosure.
If fencing is used, all fence openings or points of entry into the pool area must
be equipped with gates. The fence and gates must be at least four feet in height and
constructed of woven -wire mesh, corrosion- resistant material or other material
approved by the building official. All gates must be equipped with self - closing and
self - latching devices placed at the top of the gate or otherwise be inaccessible to
small children. All fence posts must be decay or corrosion- resistant and set in
concrete bases or other suitable protection. The openings between the bottom of
the fence and the ground or other surface may not be more than four inches.
Note: Any swimming pool built between June 21, 2005 and the effective date
of Ordinance XXXX that uses a power safety cover instead of a fence is allowed to
continue to use a power safety cover.
3. Savings. In all other ways City Code Chapter 33 will remain in full force and
effect.
Ordinance No.
Page 2 of 2
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 16th day of October, 2010.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane Ward, City Clerk
MAGNUSON LAW FIRM
LICENSED IN MINNESOTA AND WISCONSIN
THE DESCH OFFICE BUILDING
333,NoRTH MAIN STREET • SurrE 4202 • STILLWATER, MN 55082 -5098
TELEPHONE: (651) 439-9464 • FACSIMILE: (651) 439-5641
W ww.MAGNUSON LA W FIRM. CGM
DAVID T. MAGNUSON
DTMAGNUSON@MAGNUSONLAW FI RM. COM
MEMORANDUM
TO: Mayor, City Council and Staff
RE: Stillwater Pool Fence Ordinance and Vested Rights
DATE: November 5, 2010
JOHN D. MAGNUSON
JDMAGNUSON a MAGNUSONLAWFIRM.COM
Cities have no power or authority beyond what the state legislature has granted by the
statutes. Minn. Stat. §462 is the Chapter that grants "Municipal Planning" powers to all cities
including Stillwater. The statue provides definitions, one of which is the term "Official
Controls ". It means the ordinances or controls that regulate the physical development of a city
"including ordinances that establish zoning, subdivision controls,site plan regulations, sanitary
codes, building codes and official maps." In my view, the regulations regarding pools are
"official controls ". Subd le on that Chapter provides: "Any nonconformity, including the lawful
use or occupation of land or premises existing at the time of adoption of an additional control
under this chapter may be continued, including through repair, replacement, restoration,
maintenance or improvement, but not expansion, unless: (1) the nonconformity or occupancy is
discontinued for a period of more than one year "....
Subd. 1 c of that Chapter also states: "Amortization prohibited. Except as otherwise
provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance
providing for the elimination or termination of a use by amortization which was lawful at the
time of its inception." Before this law was passed, cities often phased out unpopular
nonconforming uses like gravel pits, by fixing a useful life number years after which the use
would be terminated. Both the law giving more protection to nonconforming uses, and the law
prohibiting amortization were enacted in the 2005 legislature, and must be seen as a reaction
against the overuse of certain municipal power. A decision that has its historical basis founded
on the people's desire to restrict the power of the Crown.
This old concept was set forth in Article 1, Sec. 10 of the U. S. Constitution, that forbids
states from passing "any ex post facto law ". The general meaning is that a law passed after the
fact which retrospectively changes the legal consequences of the fact or deed violates this
prohibition. This clause has been held to apply mostly to criminal laws, but the rule is
recognized in other areas. For instance, in zoning and land use matters the law recognizes
"vested rights" and the term "grandfathered" is the common term used to describe these
rights. So even though recent changes in the State law have increased the rights of non-
conforming uses, the basis for recognizing these rights is not new.
2
illwater
THE BIRTHPLACE Of MINNESOTA
Planning Report
DATE: October 13, 2010
APPLICANT: City of Stillwater
CASE NO.: 2010 -12
REQUEST: Consider amending Building Code for Swimming Pools
HEARING DATES: City Council: April 6, 2010 and October 19, 2010
Planning Commission: July 12, August 9, September 13, 2010
REPORT AUTHOR: Bill Turnblad, Community Development Director
INTRODUCTION
The City Council held a public hearing on April 6, 2010 to discuss the possibility of requiring
safety fencing around all swimming pools. Prior to drafting an ordinance amendment related to
safety barriers, the Council directed staff to organize a discussion group of those who gave
testimony at the April 6 hearing.
Invitations were extended to everyone who gave testimony and the group met on May 26 and
June 9 to discuss the topic. Participants included: Councilmember Roush; Ann Sundberg - Siess,
170 Interlaken Way Court (resident); Marie and Dennis Lennartson, 2201 Bayberry Avenue
(residents); Kevin Balfanz, 313 West Sycamore Street (certified safety professional); and Bill
Turnblad.
On June 15, 2010 the City Council received and considered the discussion group's
recommendations. The Council was split on whether fences should be required for all new
pools. So the Council requested the Planning Commission to hold a public hearing to further
consider the situation. Specifically, the Council wanted the Commission to make a
recommendation on whether: 1) new at -grade swimming pools should have safety fences, and 2)
if safety fences are required for new at -grade pools, should the legal non - conforming safety
covers be allowed to continue, and if so, for what length of time?
On July 12, 2010 the Planning Commission opened its public hearing, but due to the late hour of
the meeting, continued the hearing without discussion until August 9, 2010.
On August 9th the Planning Commission discussed the topic of swimming pool barriers. Public
testimony was received and the public hearing was closed. However, a decision on the matter
was tabled so City staff could bring back a definition for pool covers.
On September 20, 2010 the Planning Commission took additional public testimony and after
considerable discussion came to a recommendation.
Swimming pool safety barriers
October 13, 2010
Page 2 of 5
ANALYSIS
Standards Development Organizations
The American National Standards Institute (ANSI) is recognized as the premier standards
organization in the United States. It accredits standards that are developed by standards
development organizations, government agencies, consumer groups, companies, and others.
These standards help ensure that the characteristics and performance of products are consistent,
that people use the same definitions and terms, and that products are tested the same way.
The American Society for Testing and Materials (ASTM International) has received
accreditation from ANSI for developing a wide spectrum of standards and specifications. One of
the areas for which ASTM has developed accredited standards and specifications is swimming
pool barriers. In their publication entitled "Standard Performance Specifications for Safety
Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs (F
1346 -91 Reapproved 2003)" the society presents definitions and specifications for various pool
covers.
Definition of Power Safety Cover
The pool cover under consideration by the City is referred to in ASTM F 1346 -91 as a "power
safety cover". It is defined in Paragraph 3.1.16 of the publication as "a barrier which can be
placed over the water area and removed with a motorized mechanism actuated by a suitable
control mechanism. Provides a high level of safety for children under the age of five by
inhibiting their access to the water."
ASTM F 1346 -91 does not provide guidance concerning the most effective barriers for
swimming pools. What it does is provide definitions and manufacturing specifications for
various types of covers. The ASTM publication that gives guidance on which barriers and safety
devices to use is entitled "Standard Guide for Use of a Residential Swimming Pool, Spa, and Hot
Tub Safety Audit to Prevent Unintentional Drowning (ASTM F 2518 -06) ". This publication will
be referred to as the "ASTM pool audit" throughout this report.
Effective Barriers
1. ASTM Recommendations
The ASTM pool audit presents a practical "layers of protection" system that encourages
redundancies in protection. A list of protection devices and barriers are included in their
audit report, and each one is given a point value. A combination of protection devices
equaling a total of seven points is advised, but eight points or more are recommended.
A safety fence or wall constructed around the entire pool according to ASTM
standards, with a self - closing and self - latching gate on the fence is worth six
points. To reach the minimum seven points, self - latching and self - closing doors
on the house could be added. (This seven point level can be reached even if
electricity fails.) To reach the recommended eight points a pool alarm (two points
for a total of eight points), gate alarm (two points for a total of eight points) or a
Swimming pool safety barriers
October 13, 2010
Page 3 of 5
power safety cover (three points for a total of nine points) would need to be added
to the fence layer of protection.
A power safety cover is worth three points. The advised seven points or
recommended eight points could be earned with a power safety cover together
with other layers of protection, though they become considerably more
complicated than protection with a fence. For example, the power safety cover
(three points) could be combined with a removable mesh fence with gate (three
points for a total of six points) AND door alarms on doors in the home (two points
for a total of eight points) OR a pool alarm (two points for a total of eight points).
If the pool owner does not want to have the removable mesh fence with gate
around the pool, then the following combination would be possible: power safety
cover (three points), AND house door alarms (two points for a total of five points)
AND self - closing and self - latching house doors (one point for a total of six
points), AND a pool alarm (two points for a total of eight points). If electrical
power fails, seven points of protection are not possible without either a permanent
or a removable safety fence.
2. CPSC Recommendations
The U.S. Consumer Product Safety Commission (CPSC) recommends in their publication
entitled "Safety Barrier Guidelines for Home Pools" (Pub. No. 362), that "the best way to
reduce child drowning in residential pools [i]s for [a] pool owner to construct and
maintain [a] barrier..." They go on in the publication to define a "barrier" as "a fence, a
wall, a building wall or a combination thereof which completely surrounds the swimming
pool and obstructs access to the swimming pool. "'
In addition, where the wall of a dwelling serves as part of the barrier, all house doors with
direct access to the pool should have alarms, or the pool should be equipped with a
power safety cover that complies with ASTM F 1346 -91.
The publication emphasizes that construction and maintenance of barriers does not
substitute for diligent supervision.
3. CDC Recommendations
In their publication entitled "Unintentional Drowning: Fact Sheet "(updated June 27,
2010), the Centers for Disease Control and Prevention (CDC) recommends that
residential swimming pools have "a four -sided pool fence that completely separates the
house and play area of a yard from the pool area ". Also, the CDC recommends
considering installing other barriers along with the four -sided pool fence.
Publication No. 362 includes specifications for safety fences. Also, ASTM F 1908 -08 establishes a set of
specifications for residential pool safety fences. One or the other should be referenced if the City ordinance is
amended.
Swimming pool safety barriers
October 13, 2010
Page 4 of 5
4. Summary of Recommendations
Though some of these standards development organizations recommend four -sided
fencing with its applicable fence safety equipment as a stand -alone barrier for residential
swimming pools, none of them recommends a power safety cover as a stand -alone safety
barrier.
Pool Discussion Group Conclusions
The City's pool discussion group had a split opinion concerning whether a safety pool cover was
sufficient by itself. But the group did reach a consensus on the following:
• Out of an abundance of caution, require all new permanent swimming pools to have a
vertical safety enclosure around the pool. The vertical safety enclosure could include
fencing (at least 48" tall), walls (at least 48" tall), natural barriers such as bluffs, or if
approved by the Building Official other enclosures of sufficient density and strength to be
impenetrable.
• Safety covers as a supplement to the vertical pool enclosure would be optional.
• Legal non - conforming swimming pools that were only protected with pool covers should
be allowed to continue without the addition of a vertical safety enclosure for a period of
time.
• One suggestion from the discussion group was that the "grace period" for legal non-
conforming safety covers might be until the home was sold to someone else. But, City
Attorney Magnusson notes that it is not possible to enforce the "change of hands" time
period. As an alternate, he suggests that it would be possible to file a notice in chain of
title on a property stating that the pool cover is non - compliant and that by a specified
date, a safety fence or other enclosure approved by the Building Official would have to
be installed. That date could be five or ten years, for example.
• Fourteen at grade swimming pools have been issued permits since the safety enclosure
requirement was amended to allow pool covers on June 21, 2005. An undetermined
number of these pool owners chose not to have safety fences.
ALTERNATIVES
The City Council has several alternative courses of action available.
1. Amend the City Code to require a pool barrier that is compliant with CPSC Publication
No. 362. [Essentially this is to require safety fencing or walls.] Existing at -grade
swimming pools that have legal non - conforming pool covers would have to replace or
augment them with a compliant barrier.
2. Amend the City Code to require a pool barrier that is compliant with CPSC Publication
No. 362. Legal non - conforming at -grade pool covers could remain in place for five or
ten years. (A specific time period should be recommended.)
3. Amend the City Code to require new at grade pools to have layers of protection worth at
least seven points in the ASTM pool audit system.
4. Leave the City Code as it is. This would allow at -grade pool owners to decide for
themselves whether to use safety covers, or safety fences /walls. The difference between
this alternative and Alternative 3 is that this alternative does not require layers of
Swimming pool safety barriers
October 13, 2010
Page 5 of 5
protection. A safety fence OR a safety pool cover would be sufficient. If this is the
Planning Commission's preference, staff suggests that the Planning Commission specify
that only a "power safety cover" compliant with ASTM F 1346 -91 (Reapproved 2003)
would be considered acceptable as a pool cover.
5. Table the hearing until October 11, 2010 for more information.
RECOMMENDATIONS
Planning Commission
On a 4-2 vote the Planning Commission recommended that the code be left as is, allowing the
homeowner to decide on the level of protection. However, the Commission did recommend that
if a pool cover be selected as the level of protection, that it meet the specifications of a "power
safety cover" as defined in ASTM publication F 1346 -91.
Pool Discussion Group Conclusions
The City's pool discussion group had a split opinion concerning whether a safety pool cover was
sufficient by itself. But the group did reach a consensus on the following:
• Require all new permanent swimming pools to have a vertical safety enclosure around
the pool. The vertical safety enclosure could include fencing (at least 48" tall), walls (at
least 48" tall), natural barriers such as bluffs, or if approved by the Building Official
other enclosures of sufficient density and strength to be impenetrable.
• Safety covers as a supplement to the vertical pool enclosure would be optional.
• Legal non - conforming swimming pools that were only protected with pool covers should
be allowed to continue without the addition of a vertical safety enclosure for a period of
time.
City Staff
While the ASTM pool audit approach is the most comprehensive, it is fairly complicated for pool
owners to understand and for the City building department to administer. In addition, if there is
an electrical power failure, the layers of protection possible through the ASTM pool audit likely
would no longer provide an acceptable level of protection, whereas the CPSC recommendations
offer a greater level of protection even in the event of a power failure. Therefore, City staff
recommends that the owners of new residential at grade swimming pools should construct and
maintain a fence, a wall, a building wall or a combination thereof completely around the
swimming pool as the minimum level of protection.
Attachments: Ordinance Recommended by Planning Commission
Ordinance Recommended by City Staff
Existing Code
Excerpts from June 15 City Council Minutes
Excerpts from September 20 Planning Commission Hearing
Email exchange with the McKeowns
Planning Commission Recommendation for Changes to City Code Chapter 33
Subd. 2. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subdivision, except where the context clearly
indicates a different meaning:
Power Safety Cover means a barrier which can be placed over the water area and
removed with a motorized mechanism actuated by a suitable control mechanism.
Public or semipublic swimming pool means any swimming pool other than a private
swimming pool.
Residential swimming pool means any pool used or intended to be used as a swimming
pool in connection with a single - family residence and which is available only to the
family of the householder and private guests.
Swimming pool means any permanently located pool, used for swimming or bathing
which is over 24 inches in depth or which has a surface area exceeding 150 square feet.
Subd. 14. FencesSafely Barriers. All swimming pools must be provided with safeguards to
prevent children from gaining uncontrolled access. This may be accomplished with a cover
power safety cover, fencing, screening, or other enclosure or any combination thereof of
sufficient density and strength as to be impenetrable.
If fencing is used, all fence openings or points of entry into the pool area must be equipped with
gates. The fence and gates must be at least four feet in height and constructed of a minimum No.
11 gauge, woven -wire mesh, corrosion - resistant material or other material approved by the
building official. All gates must be equipped with self - closing and self - latching devices placed at
the top of the gate or otherwise be inaccessible to small children. All fence posts must be decay
or corrosion- resistant and set in concrete bases or other suitable protection. The openings
between the bottom of the fence and the ground or other surface may not be more than four
inches.
If a power safety cover is used it must satisfy the minimum criteria as established in the
American Society of Testing and Materials publication ASTM 1346 — 91 (2003).
Note: The regulations established in this Subd. 14 apply only to fences built or replaced after the
effective date of Ord. No. 961.
Staff recommendation for Changes to City Code Chapter 33
Subd. 2. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subdivision, except where the context clearly
indicates a different meaning:
Power Safety Cover means a barrier which can be placed over the water area and
removed with a motorized mechanism actuated by a suitable control mechanism.
Public or semipublic swimming pool means any swimming pool other than a private
swimming pool.
Residential swimming pool means any pool used or intended to be used as a swimming
pool in connection with a single- family residence and which is available only to the
family of the householder and private guests.
Swimming pool means any permanently located pool, used for swimming or bathing
which is over 24 inches in depth or which has a surface area exceeding 150 square feet.
Subd. 14. FcncesSafeiv Barriers. All swimming pools must be provided with safeguards to
prevent children under the age of five from gaining uncontrolled access. This may be
accomplished with a cover, fencing, walls, screening, natural barriers such as bluffs, rivers, or
lakes that would provide a similar degree of protection as a fence, or other enclosure or any
combination thereof of sufficient density and strength as to be impenetrable. Above grade pools
or pool related above grade decks that have sides at (east four feet high above grade and are not
readily climbable need only have a safety enclosure around the means of access. Any above
grade ool e ui ment must be at least 10 feet awa from the )ool and above grade deck, or the
equipment must be surrounded by a non - climbable four foot tall safety enclosure.
If fencing is used, all fence openings or points of entry into the pool area must be equipped with
gates. The fence and gates must be at least four feet in height and constructed of a minimum No.
11 gauge, woven -wire mesh, corrosion- resistant material or other material approved by the
building official. All gates must be equipped with self - closing and self - latching devices placed at
the top of the gate or otherwise be inaccessible to small children. All fence posts must be decay
or corrosion- resistant and set in concrete bases or other suitable protection. The openings
between the bottom of the fence and the ground or other surface may not be more than four
inches.
Note: The regulations established in this Subd. 14 apply only to fences built or replaced after the
effective date of Ord. No. 961. And, any swimming pool built between June 21, 2005 and
November XX, 2010 that uses a power safety cover instead of a fence is allowed to continue to
use a power safety cover.
City of Stillwater
Municipal Code: Existing
Chapter 33 BUILDING CODE*
*Cross references: Zoning, ch. 31; subdivision code, ch. 32; building demolition, ch. 34;
stormwater drainage utility, ch. 35; wetland conservation act, ch. 59.
State law references: State building code, Minn Stat. § 16B.59 et seq.
Sec. 33 -1. Adopting the State Building Code.
Sec. 33 -2. Construction of swimming pools.
Sec. 33 -3. Consultant and administrative fees.
Sec. 33 -4. Permit fees.
Sec. 33 -5. Minimum standards for construction and reconstruction of driveways.
Sec. 33 -1. Adopting the State Building Code.
Subd. 1.Application, administration and enforcement. The application, administration, and
enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The code
shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62,
subdivision 1, when so established by this ordinance.
The code enforcement agency is the City of Stillwater.
This code shall be enforced by the Minnesota Certified Building Official designated by the City
Council to administer the code (Minn. Stat. § 16B.62, subd. 1).
Subd. 2.Permits and fees. The issuance of permits and the collection of fees shall be as
authorized in Minn. Stat. § 16B.62, subd. 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule
adopted by the City Council by separate ordinance. In addition, a surcharge fee shall be collected
on all permits issued for work governed by this code in accordance with Minn. Stat. § 16B.70.
Subd. 3. Violations and penalties. A violation of the code is a misdemeanor (Minn Stat. §
16B.69 and Minnesota Rules, Chapter 1300).
Subd. 4.Building Code. The Minnesota State Building Code, established pursuant to Minn. Stat.
§ 16B.59 to 16B.75 is hereby adopted as the Building Code for the City of Stillwater. The code
is hereby incorporated in this ordinance as if fully set out herein.
(1) The Minnesota State Building Code includes the following chapters of Minnesota
Rules:
i. 1300, Minnesota Building Code Administration;
ii. 1301, Building Official Certification;
iii. 1302, Construction Approvals;
iv. 1303, Minnesota Provisions of State Building Code;
v. 1305, Adoption of the 2006 International Building Code;
vi. 1307, Elevators and Related Devices;
vii. 1309, Adoption of the 2006 International Residential Code;
viii. 1311, Adoption of the Guidelines of the Rehabilitation of Existing
Buildings;
ix. 1315, Adoption of the 2005 National Electrical Code;
x. 1325, Solar Energy Systems;
xi. 1335, Floodproofing Regulations;
xii. 1341, Minnesota Accessibility Code;
xiii. 1346, Adoption of the Minnesota State Mechanical Code and Fuel Gas
Codes;
xiv. 1350, Manufactured Homes;
xv. 1360, Prefabricated Structures;
xvi. 1361, Industrialized/Modular Buildings;
xvii. 1370, Storm Shelters (Manufactured Home Parks);
xviii. 4715, Minnesota Plumbing Code;
xix. 7511, State Fire Code;
xx. Minnesota Energy Code, consists of Minn Stat. § 16B.617 (7670) and Minn.
Rules Chapters 7672, 7674, 7676 and 7678.
(2) The following optional provisions are hereby adopted and incorporated as part of the
Building Code for the City of Stillwater.
i. Chapter 1306, Special Fire Protection Systems, 1306.0020, subp. 2, existing
and new buildings;
ii. 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200;
iii. International Building Code, Appendix Chapter J (Grading). See Chapter
1300.
(Code 1980, § 33.01; Ord. No. 806, 5 -1 -95; Ord. No. 916, §§ 1a - -le, 12- 18 -01; Ord. No.
935, §§ 1, 2, 4- 15 -03; Ord. No. 987, § 1, 8 -7 -07)
Sec. 33 -2. Construction of swimming pools.
Subd. 1. Permit required. No person, corporation, partnership or firm must construct, repair,
enlarge, alter, change, remodel or otherwise significantly improve a swimming pool without first
having obtained a permit from the city.
Subd. 2. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subdivision, except where the context clearly
indicates a different meaning:
Public or semipublic swimming pool means any swimming pool other than a private
swimming pool.
Residential swimming pool means any pool used or intended to be used as a swimming
pool in connection with a single- family residence and which is available only to the
family of the householder and private guests.
Swimming pool means any permanently located pool, used for swimming or bathing
which is over 24 inches in depth or which has a surface area exceeding 150 square feet.
Subd. 3. Approval by building official; building permit. Before work is commenced on the
construction of a swimming pool or any major alteration, addition, remodeling or other
improvement is done to an existing swimming pool, detailed plans and specifications must be
approved by the building official before a building permit is issued.
Subd. 4. Plans to be submitted. Plans, specifications and explanatory data that must be
submitted with an application for a permit to construct a swimming pool or for any major
alteration, addition or other improvement to a pool must contain the following information:
(1) The general layout of the lot on which the pool is to be located.
(2) The distances of the pool from the lot lines.
(3) Water supply systems, buried sewers and sewage disposal systems, other utilities
and any sources of possible contamination of the pool.
(4) A description of the pool's infiltration and chlorination equipment.
(5) All dimensions, including the length, width, depth of the pool, the size of the pool
deck and the liquid capacity of the pool. Plans must be drawn to a scale of not smaller
than one -fourth of an inch to one foot.
(6) Additional information may be requested by the building official.
Subd. 5. Permit fees. Permit fees will be set by resolution adopted by the city council from
time to time.
Subd. 6. Pool piping. Pool piping systems must be constructed of materials prescribed in the
state plumbing code. Installation of the piping including the pool water supply line must be done
by a licensed plumber and must be inspected by the city plumbing inspector prior to covering the
piping.
Subd. 7. Main outlets. Pools must be equipped with facilities for completely emptying the pool
and effecting surface drainage (by gravity if elevations permit). The drainage system must be
constructed in conformance with the provisions of the state plumbing code and under the
supervision of a licensed plumber, and shall not discharge directly on the land of an adjoining
neighbor or in a manner that threatens or endangers fish or wildlife.
Subd. 8. Water supply. Water supplies serving all swimming pools must be safe, sanitary and
be acceptable to the public health authority. The installation of the pool water supply piping and
connection to the source of supply must be under the supervision of a licensed plumber.
Subd. 9. Electrical requirements. All electrical installations provided for, installed and used in
conjunction with residential swimming pools must conform to the state electrical code and must
be inspected and approved by the state electrical inspector. No current - carrying electrical
conductors must cross residential swimming pools, either overhead or underground, or within 15
feet of a pool, except as necessary for pool lighting or pool accessories.
Subd. 10. Heating requirements. Permits are required for all heating units used in conjunction
with swimming pools. Installation must be made by installers licensed by the city and in
accordance with any lawful code in effect at the time of installation.
Subd. 11. Pressure relief valves. Pool contractors must certify that they have examined the
construction site with respect to the water table level and potential soil saturation. If it is
determined to be necessary, in the opinion of the building official, pools must be designed and
constructed with underdrain systems and pressure relief valves to prevent pool flotation.
Subd. 12. Shielding lights. Lights used to illuminate swimming pools must be arranged and
shielded to reflect light away from adjoining properties.
Subd. 13. Location. All swimming pools or appurtenances must be located in the rear yard at a
distance of at least ten feet from any property line.
Subd. 14. Fences. All swimming pools must be provided with safeguards to prevent children
from gaining uncontrolled access. This may be accomplished with a cover, fencing, screening, or
other enclosure or any combination thereof of sufficient density and strength as to be
impenetrable.
If fencing is used, all fence openings or points of entry into the pool area must be equipped with
gates. The fence and gates must be at least four feet in height and constructed of a minimum No.
11 gauge, woven -wire mesh, corrosion- resistant material or other material approved by the
building official. All gates must be equipped with self - closing and self - latching devices placed at
the top of the gate or otherwise be inaccessible to small children. All fence posts must be decay
or corrosion- resistant and set in concrete bases or other suitable protection. The openings
between the bottom of the fence and the ground or other surface may not be more than four
inches.
Note: The regulations established in this Subd. 14 apply only to fences built or replaced after the
effective date of Ord. No. 961.
Subd. 15. Safety equipment. Every swimming pool must be equipped with one or more
throwing ring buoys not more than 15 inches in diameter and having 60 feet of 3/16 of an inch
manila line, or its equivalent, attached.
Subd. 16. Aboveground swimming pools. Ladders or stairs which are attached to or placed
against the outside of aboveground tank type swimming pools having a depth of 24 inches or
more must be removed from the outside of the pool when the pool is not being used. In addition,
aboveground pools are subject to the requirements of subdivisions 12 and 13 of this section.
Subd. 17. Public or semipublic swimming pools. Swimming pools other than residential pools
must be constructed and operated in conformance with standards for installation promulgated by
the state board of health. In addition, prior to the beginning of any construction, a copy of the
report prepared and issued by the state health department showing approval of the plans must be
filed with the building official.
State law references: Public pools, Minn Stat. § 144.1222.
Subd. 18. Operation and maintenance. Pool contractors shall instruct the pool owner in the
operation and maintenance of the pool and its filtration and chlorination equipment and the
procedures to be followed in preparing the pool for winter.
(Code 1980, § 33.02; Ord. No. 961, § 1, 6- 21 -05)
City Council Meeting June 15, 2010
Councilmember Gag said he would like to see some information regarding the
financial implications of taking over the WMO duties.
Mr. Werre added that Middle St. Croix has worked with residents to install rain
gardens around McKusick, but noted that Brown's Creek Watershed District
provides those same kinds of services; he agreed with Mayor Harycki about the
possible benefit of withdrawal from the WMO.
Possible appointment to Board of Water Commissioners
Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt
Resolution 2010 -92, Appointment of Adam Nyberg to the Board of Water
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Possible acce•tance of bids and awardin• contract for 2010 Seal Coatin
Public Works Director Sanders said bids for the seal coating project were opened
June 3. He said the bid received was for $272,842, which included the
communities of Stillwater, Oak Park Heights, Baytown Township, Stillwater
Township and Bayport. Stiliwater's cost would be $106,000 and that $100,000
was budgeted for seal coat. He said approval of the bid is sought, with staff to
monitor quantities to keep the cost within the $100,000 budgeted.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -93, accepting bid and awarding contract for 2010 Street Sealcoat
Project (Project 2010 -04).
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Swimming pool covers
Community Development Director Turnblad noted that several months ago the
Council held a public hearing regarding swimming pool enclosures that led to the
formation of a discussion group to look at the issue. He said the group has met
twice and was unable to come to a unanimous opinion as to whether safety pool
covers are sufficient by themselves but did reach consensus on a number of
items. The group agreed that from this point forward, pools need to have safety
enclosures — 48" high and impenetrable — and also agreed that owners of legal
non - conforming pools (without fences) should be allowed to have those for a
certain amount of time, such as until the sale of home.
Page 9 of 10
City Council Meeting June 15, 2010
Mr. Turnblad noted it is difficult to enforce something tied to change of ownership
and City Attorney Magnuson recommended that a notice be filed with the chain
of title that states the pool cover was non - compliant and that a fence would have
to be added within a certain amount of time.
Mayor Harycki asked how many non - conforming pools there are; Mr. Turnblad
said there could be as many as 14.
Councilmember Roush noted the real issue is whether or not to grandfather the
non - compliant pools and what type of grace period should be allowed to
implement the new requirement for fences should the non - compliant pools not be
grandfathered.
There was discussion about parental responsibility and the makeup of the
discussion group.
Motion by Councilmember Gag, seconded by Councilmember Roush to send the issue
to the Planning Commission for public hearing and recommendation to Council.
COMMUNICATIONS /REQUESTS
Mayor Harycki noted that Peter Cox would be leaving the Gazette; the Council
wished him well.
COUNCIL REQUEST ITEMS
Councilmember Polehna reported on the activities of the Yellow Ribbon Network.
He stated a joint meeting would be held with the Lake Elmo group. He said a
Black Hawk helicopter will land in Lowell Park as part of the 4th of July festivities.
He noted the Red Bulls would be serving as grand marshals of the Lumberjack
Days parade.
ADJOURNMENT
Motion by Councilmember Roush, seconded by Councilmember Pi;,; . adjourn at
9:08 p.m. All in favor.
K
Diane F. Ward, City Clerk
Page 10 of 10
, Mayor
City of Stillwater
Planning Commission
September 20, 2010
parking deficits where there is a parking district, such as downtown, to be met by special use
permit rather than variance. He said Attorney Magnuson has given the opinion that since the
City is in the process of changing its ordinance to go to special use permit and since the City
has the downtown parking district and prescribed method for deficit parking, he would be
comfortable with granting this variance. He said staff is recommending approval with the five
conditions, including the purchase of seven monthly parking permits. Mr. Dahlquist clarified that
if the required monthly permits are not used, those spaces are not tied up and are still available
for public use; Mr. Turnblad confirmed that.
Mr. McGuire asked whether the parking permit purchase has been required of other businesses;
it was noted this has been a uniform requirement. Mr. Turnblad said what is new is going from a
variance to a special use permit to meet the parking deficits in the downtown parking district.
Mr. Middleton opened the public hearing. No comments were received, and the hearing was
closed. Mr. Spisak said the only thing that concerned him was the variance, but noted the City
Attorney has given his opinion that is acceptable to proceed in that manner; Mr. Malsam agreed
with that concern. Mr. Kocon pointed out that in the previous cases, the variances encroached
on space, while in this case, the variance uses space that is already created. Mr. Wolden
moved approval as conditioned. Mr. Dahlquist seconded the motion; motion passed
unanimously.
Case No. 2010 -41 A special use permit for an historical museum facility at 2150 Curve Crest
Blvd. in the BP -O, Business Park Office District. Mark Balay, representing Washington County
Historical Society, applicant,
Mr, Turnblad reviewed the request and site. He noted that there is sufficient parking for the
initial proposed uses and the ability to develop additional parking should additional uses be
added in the future. He said if uses change and additional parking is required, the applicant
would have to come back to the Planning Commission to amend the special use permit. He also
noted that any exterior changes to the building will be reviewed by the Heritage Preservation
Commission. He said approval is recommended as the proposal meets all the code
requirements. Mr. Spisak asked if impervious coverage would be a consideration in future
parking; Mr. Turnblad said that would definitely be a consideration and noted there are pervious
system that could be utilized to meet the coverage requirements.
Mr. Balay was present and explained that obtaining the special use permit is the first step in the
process of obtaining the building.
Mr. Middleton opened the public hearing. Mr. Kilty, 118 W. Oak St., suggested that the parking
at that site is not expandable as described. Mr. Turnblad explained that the western of the four
platted lots could be converted to parking if necessary. No other comments were received, and
the hearing was closed.
Mr. Spisak moved approval as conditioned. Mr. Malsam seconded the motion; motion passed
unanimously.
Case No. 2010 -12 A zoning text amendment on swimming pool safety enclosures. City of
Stillwater, applicant. Continued from the Aug. 9, 2010 meeting.
Mr. Turnblad noted that based on previous discussions, staff has looked at the definition of pool
covers and safety covers and industry standards. He cited the definition of a power safety cover
in one of the ASTM publications; he stated this publication does not provide guidance on what
kind of barriers to use, but establishes specifications for the various barriers. However, he said a
document called the ASTM Pool Audit talks about layers of protection and recommends that
whatever layering of protection is being used, the various elements should add up to 7 points;
4
City of Stillwater
Planning Commission
September 20, 2010
for example, a self - latching gate on a fence is worth 6 points so another layer must be added to
get to the 7 points, such as self - latching doors on the house itself. A power safety cover alone is
valued at 3 points. The Consumer Product Safety Commission, he said, recommends that the
best way to prevent child from drowning in residential pools is for the pool owner to construct
and maintain a barrier, which is defined as a fence, wall, building wall or combination that
completely surrounds a swimming pool, in addition, he said, if the barrier uses part of the house
as part of the wall, additional features should be added at the doors or a power safety cover on
the pool. The CDC, he said, recommends a four -sided pool fence that completely separates the
house and play area from the pool area He stated that none of the groups staff reviewed
recommend pool safety covers as a stand - alone safety barrier.
Mr. Turnblad reviewed several alternatives: amend the code to be compliant with the Consumer
Product Safety Commission's recommendation for a safety fence or wall and provide a certain
amount of time for people that utilize safety covers only to meet the ordinance or grandfather
those properties, amend the code by adopting the pool audit system with the various layering
options; leave the code as is (providing the option of fencing or cover), but at least amend it to
state that if a cover is utilized it must be a power safety cover as referenced by the ASTM
definition,
Mr, Malsam thanked staff for the additional information; he said it appears from the information
provided that all the groups say the most effective method is some kind of fence or barrier, but a
pool cover itself is not adequate. Mr. Turnblad agreed that the various agencies don't believe
that a pool cover is sufficient as a stand -alone barrier, but said he thought that almost all of the
groups recommend some kind of layering of protection.
Mr. Middleton opened the public hearing.
Robert J. Coleman, 1320 Amundson Place, spoke of his property and use of a locked safety
pool cover, along with berming, and trees that secure his pool. He also pointed out ponds are
not fenced and people can drown in those.
Dan McCune, 1750 Melville Court, said not grandfathering existing safety pool covers and
requiring fencing would be detrimental to his property value and view of Long Lake. He said he
believed safety covers are safer than fences, noting that fences are often left unlocked. He said
he thought it would be unfair to existing owners to have to add a fence and not have safety
covers added to those with fences only He said he agreed that the code should be clarified as
to the definition of a safety cover. He also referred to the challenges of enforcement. He referred
to insurance deductions for pool covers. He said his concern as a homeowners is that they have
gone through all the permitting, have made a substantial investment in the property and it would
create an undue financial burden to change it. Later in the discussion, he talked about the ability
to close the pool with a locked safety cover that isn't possible with a fence to ensure the safety
of children.
Marie Lennartson, 2201 Bayberry, said she could understand how people could be concerned
unless they have researched pool covers. She said they did extensive research and decided to
utilize the pool cover. She spoke of the many violations she had observed with fences. She said
if the decision is to change the law, they should be grandfathered in as they obtained all the
necessary permits, paid fees, researched the safety issue and believe they made the right
choice. Later, she said her research indicates that 66% of children five years and younger who
die in pools, die in their own pools and 33% die in a relative's pool.
The resident of 170 Interlachen Way Court, As a mother of three, she said she believes that
having an unfenced pool is wrong and dangerous. She spoke of the effectiveness of fences as a
5
City of Stillwater
Planning Commission
September 20, 2010
passive barrier for an attractive nuisance. She said she has researched the issue and can find
no reputable source that says a pool cover is fine for the primary protection; she said it is layers
of protection that always starts with a fence. She referred to the National Consumer Protection
Commission's statistics for the risk of drowning in a fenced pool versus an unfenced pool, and
the risk of downing in a pool with a four -sided fence versus a three -sided fence where the home
is part of the fencing, as well as similar statistics from U.S. Library of Medicine and American
Academy of Pediatrics, which recommend the use of four -sided fencing. She spoke of a number
of drownings in unfenced pools, including several that had been grandfathered -in in their
communities. She said she would favor requiring fencing and not grandfathering the pool covers
only. She said if the decision is to grandfather -in the existing pool covers, there needs to be
some enforcement mechanism in the law if a pool is left open; she also referred to the power
issue and instances of mechanical breakdown of the automatic pool covers.
Desmond Kilcoyne, 1213 Third Ave. S., noted that a homeowner is liable, the City of Stillwater is
not liable, and suggested that a homeowner should have a choice as to what kind of protection
they want for their families and neighborhood. He said he would appreciate at least
grandfathering in those who did the research and put a pool in according to the ordinance.
No other comments were received, and the hearing was closed. Mr. Dahlquist referred to the
comment that a person receives a discount on their insurance because they have a fence and
pool cover; he wondered where the insurance industry stood on this issue. Mr. Middleton said
he had spoken with an insurance representative who indicated there are some carriers that do
not cover stand -alone pool covers. Mr. Spisak talked about the layering concept and posed a
question that if fences are required around pools with safety covers, then what about pools with
fences, perhaps three -sided fences, without safety covers? Given the number of pools in the
City, Mr. Spisak suggested this opens up a huge issue of how much the City wants to be or
should be involved in regulating safety; he noted that the people who spoke in the public
hearing, followed the ordinance that was in place when they installed their pools and said he
would not feel comfortable telling them at this point that they now have to have a fence. Mr.
Spisak suggested that if the City is really interested in safety, the entire ordinance should be
opened up and redrafted and could become onerous on every existing pool owner. Regarding
enforcement issues, Mr. Spisak said there could be as many enforcement issues with fences as
with pool covers; he suggested an alternative might be to require an annual permit with
inspection by the City to see that all the layers of protection are functioning, another big issue.
Mr, Spisak said at this point, he would be in favor of not changing the existing ordinance but
tightening up the definition of the safety cover. Mr. Wolden spoke of the responsibility of the pool
owner, noting that neither a cover or fence is fool -proof or effective if not used properly; he said
he thought the City should have a minimum not a maximum standard, tighten up the language
as to what constitutes an adequate cover and allow either a cover or fence. Mr. Malsam said he
thought this was asking the Planning Commission to make a decision on an issue that takes
experts; he said if the Commission changes what exists now it needs some credible authority to
make a recommendation as to how to proceed. Mr. Malsam said according to the information
provided, the first barrier recommended is a fence, but agreed it would be hard to go back and
tell people who have decided on the covers to reconstruct their pool areas. Mr. Kocon noted that
everyone who has spoken is a safety advocate; he spoke of risk management and suggested
that the current ordinance works to manage risk whether by building a fence or installing a cover
or with numerous layers. Mr. Kocon said city code as it now stands is not against safety and
said the ASTM defines a power safety cover as one that can keep a five -year old out of the
6
City of Stillwater
Planning Commission
September 20, 2010
water. Mr. Kocon suggested recommending the ordinance be left as is but define the power
safety cover according to the ASTM standards. Mr. Middleton talked about owner responsibility
and agreed with leaving the ordinance as is with a definition of the safety pool cover. Mr.
Dahlquist suggested that both systems have issues, and the responsibility ultimately ends up
with the homeowner, and he agreed with Mr. Wolden's comments that the City is setting the
minimum, not the optimal, level of protection. Mr. Dahlquist wondered whether this is a Planning
Commission decision at all Regarding enforcement, Mr. Dahlquist asked whether someone
should contact the City if a violation, such as an open pool cover or open gate, is observed; Mr.
Turnblad said enforcement is by complaint to the City. Mr. Kocon moved to recommend to the
City Council that the code be left as is, allowing the responsible homeowner to make the
decision regarding levels of protection, and that power safety covers be defined as defined by
the ASTM. Mr: Spisak seconded the motion. Mr. Maisam said he would have to vote against the
motion as the materials indicate that a fence is the preferred first barrier of protection. Motion
passed 4 -2, Mr. Middleton thanked staff for providing the requested information.
OTHER BUSINESS
Discussion of Minnesota Supreme Court Case Krummenacher vs. City of Minnetonka
Mr. Dahlquist noted in the materials provided, there was mention of cities changing their
ordinances as a result of the case and wondered whether the City should do that. Mr. Turnblad
said staff is currently evaluating whether to do that and nothing would be done before the next
meeting when City Attorney Magnuson would be present to discuss the case and related
ramifications.
Meeting was adjourned at 9 :40 p.m.
Respectfully submitted,
Sharon Baker
Recording Secretary
7
Re pool fence issue follow -up eamil.txt
From: DANIEL W MCKEOWN [danmckeown @comcast.net]
Sent: Monday, August 02, 2010 9:25 PM
To: Jim Roush
Cc: Bill Turnblad
Subject: Re: pool fence issue follow -up eamil
Jim,
Thanks for your thoughtful response. I would agree that the word covers is
vague but I assume that Bill in reviewing all permits clarifies what a cover
means and what is permitted. The same uncertainty could be made for the terms
fence or walls. The key point here is a valid safety measure. Your point
that if a cover is removed, then the pool is not compliant is true and the
same would hold if you removed the fence or removed or left any gate
permanently open. which my view is that gates are open many times anyways.
I have had very good experience with my cover and I had one failure and due to
it's nature, the people from Poolside came out immediately and repaired it.
My problem was that the cover would not open. If a cover was left open due to
failure, then a temporary fence is the only logical choice which would be true
if a fence wads damaged in a storm or a gate broken. I have had my garage
doors break where my house is unsecured and it required immediate repair.
My recommendation to you and Bill is to expand on the definition of pool cover
much as the ordinance has on fencing. This would include covering all parts
of open water, requiring a certain minimum weight level, and a lockable
switch to prevent unauthorized access. A similar code is written for hot
tubs requiring certain switches, shutoff's and distance from the tub to
prevent electrocution and to have immediate shutoff in the event of some drain
issue. Clarifying is a more reasonable approach since in addresses a lack of
clarity in the original ordinance, ensures that safety measures are
considered, and allows current owners who have covered these issues to remain
compliant without incurring new expense. These covers are very expensive to
install and integrate into their pool.
I will not be in town for the next planning meeting. I will be at the Liberty
meeting about Roman's restaurant in order to hear my neighbors concerns. I
believe that Ken and Mike will be there so I will try to introduce myself to
them.
Thanks for your response and I hope these changes can be incorporated into the
ordinance that will be proposed. I would have joined you at earlier meetings
but I was made aware of this very recently.
Dan
On Jul 30, 2010, at 8:47 PM, Jim Roush wrote:
> Dan,
>
> To your question about safety covers, the current ordinance does not refer
to safety covers, but rather just "covers." Covers come in all types and
functions: safety covers, winter Covers, solar heating Covers, etc... .
> • Hence, if taken literally, a solar heating cover meets the current ordinance
as a level of safety, which of course is absurd. In addition, as the ordinance
is currently written and as I previously mentioned, as soon as any such cover
is removed from the pool, that pool is technically not compliant at that time,
which again, is absurd.
Page 1
Re pool fence issue follow -up eamil.txt
> • As a pool owner myself, i have a safety cover and a fence. My safety cover
(top of the line) has been out of service 2 times in recent years. Both times,
the pool was open for 1 week while the problem was being resolved. Had I not
had a fence, this pool would have been exposed and a nuisance /hazard to our
community. Having a fence, prevented this from occurring.
> • It is obvious that the current ordinance is not written to satisfy the needs
of our community. If you have specific terminology that you wish to be
considered in the new ordinance, we would most certainly be pleased to receive
it and take it into consideration.
> • Best regards,
> Jim Roush
> City Councilman, ward 3
> City of Stillwater
> • From: DANIEL W MCKEOWN [mailto:danmckeown @comcast.net]
> Sent: Fri 7/23/2010 10:40 PM
> To: Jim Roush
> subject: Re: pool fence issue follow -up eamil
> • Jim,
> • I am little confused. we contacted the city before we built the pool and
were told the covers are approved. we submitted a permit to build which was
approved by the city. so to say the ordinance does not approve safety covers
is the opposite of what we were told and what was approved.
> • In my view, the change it is a change in ordinance not a clarification from
a homeowner's perspective. I have read the ordinance and specifically says
that covers are method to safeguard the pool from children under the section
safety enclosure. To have the word covers removed is clearly a change in
ordinance and change in policy for the city.
> • so I need some help here in understanding why you see this is unclear yet by
removing the word covers it is more clear. It refers to other methods too
such as walls or screening but does not specify the means or methods to ensure
safety. This is true for covers also.
> • under the fencing, it does not clarify if the fence must be open or closed
when in use.
> • It would be better to specify how safety covers should be used and
controlled rather than strike them totally. Since they are in my view more
effective and easier to determine if the pool is secure or not, it would be
helpful to define the expectations for the owners on operation similar to the
fence definition. I can also suggest that many fences can be left open and
unsecured and unless an owner walked the perimeter each night, you would not
know if you pool is or is not secure. with a cover, it is obvious if it is
open or closed.
> • so please update me on why you feel the ordinance does not refer to safety
covers.
Page 2
Re pool fence issue follow -up eamil.txt
> • Dan McKeown
> • On Jul 21, 2010, at 2:34 PM, Jim Roush wrote:
» Dear Mr. McKeown,
» Thank you for your input regarding this issue. I would like to add to Mr.
Turnblad's comments that, the current ordinance is written such that safety
covers are not specifically named as approved safety barriers. It is in fact,
written such that if a pool owner removes any existing cover (such as to
actually use their pool), the pool is then at that time, non - compliant. Please
refer to the pervious and current ordinances to help you see why we must re-
address this issue.
» Best regards,
» Jim Roush
» City Councilman, ward 3
» City of Stillwater
» From: DANIEL W MCKEOWN [mailto:danmckeown @comcast.net]
» Sent: Thu 7/15/2010 12:53 AM
» To: Bill Turnblad
» Cc: Ken Harycki; Robert Gag; Micky Cook; Jim Roush; Mike Polehna
» Subject: Re: pool fence issue follow -up eamil
» Hi Bill,
» Thank you so much for getting back to us.
» I get the strong feeling that the group that is looking into this does not
want to grandfather in any pools as you stated and is biased against the
covers and their proven safety. I was hoping that maybe they would consider
grandfathering in a safety covered pool
» that is on acreage and is in a private location. It is just so odd
that it has passed our city's vote and the issue was resolved and that the
insurance companies also agree that the covers are safe, and here it is back
up for discussion. It baffles us some. we wonder who is on this committee,
how it was selected, and if the committee has a balance of neutral members
who can be objective.
» My husband is very concerned that a fence around our pool will bring
» down our property value. It would be an eye soar on our property,
» not to mention a huge financial cost to us. when we built the pool, they
city would not allow any retaining walls around a pool of any small height,
because of a pool that was put in in Liberty that had some boulders around it,
so we had to move the location which meant we had to take out the septic tank
and hook to city water. This was a huge task and a huge cost. we learned the
fencing and cover rules and placed our pool accordingly and purchased a very
expensive cover to meet the requirement. we have followed the cities
requirements to a "T" and have paid dearly for it already. To have this issue
come up now is a great surprise to us and a very big concern. How much more
will we have to pay for something that we did correct in the first place? Our
pool has only been in a few years!
Page 3
Re pool fence issue follow -up eamil.txt
» Again, please pass this along to this committee and ask that we please be
grandfathered in. Our property is so unique. It is a renovated barn on
acreage and on a lake and is so tranquil and private. we have placed the
pool so you can see the lake and forrest near it, a fence would be such an eye
soar.
» Quite frankly, one could drown in our lake much easier than our pool
» with the safety cover on it. To not be grandfathered in would be a huge
blow to us. we have followed the cities rules in building, placing and
covering our pool at a huge financial cost already, please honor that. we are
not interested in a grace period as you stated.
» Thank you for including our emails in the planning commissioner's agenda
packets for next month. And thank you for letting us know when the next
meeting is as we will surely hope to attend it.
» very Sincerely,
» Heidi and Dan McKeown
» On Jul 14, 2010, at 9:56 AM, Bill Turnblad wrote:
» Heidi and Dan,
» A public hearing was set for the planning commission on July 12 to
discuss a possible ordinance amendment. The agenda was so lengthy that we did
not get to the item until after 11:30 PM, so it was tabled until the next
commission meeting which is August 9th.
» The ordinance amendment that is being discussed is to require all NEW
pools to have a safety fence. Other safety features are the owner's option,
but the fence would be a requirement.
» One issue to be resolved yet is what would be required of pools that
have legally existing safety covers. would they be "grandfathered "? Or would
they be required to have a safety fence? If a safety fence is required for
them, what grace period would be allowed? The pool safety discussion group
that was formed to make a recommendation on the issues feels that they should
not be grandfathered, but that a liberal grace period should be granted.
» in any event, I will include your emails in the planning
commissioners' agenda packets for next month. And, if you are interested,
please attend the hearing on August 9th so that you can offer your comments in
person.
» <image001.jpg>
» Bill Turnblad
Community Development Director
» City of Stillwater
» 651.430 -8821 (direct)
» From: DANIEL W MCKEOWN [mailto:danmckeown @comcast.net]
» Sent: Tuesday, July 13, 2010 11:53 PM
» To: Bill Turnblad; Ken Harycki; Robert Gag; Micky Cook; Jim Roush;
Mike Polehna
» Subject: Fwd: pool fence issue follow -up eamil
Greetings Again to Mr. Mayor and City Counsel Members and also
» to Bill Turnblad,
» My husband was just looking on- line to try and learn more about this
Page 4
Re pool fence issue follow -up eamil.txt
pool /fence /cover issue. we were told that we should have
» received some kind of a letter from the city, which we have not
received. we saw a packet for a meeting that is dated for July 12th. we are
wondering
» if the meeting occurred and what the outcome was. we also would like
to know if there is going to be further recommendation to the council
» on this issue and when will that meeting occur?
» If we wanted to come down and meet with someone in person, who would
that person be? This is an important issue to us and we would
» like to be notified and kept informed on it.
» As stated before, we never received a letter, so we are doing some
catch -up in trying to understand what is going on.
»
Bill, I've included you on this email as we saw your name involved in
this. Please read the emails below to familiarize yourself
» on who we are and what we are asking.
» we appreciate all that you do and we look forward to talking with you.
Thank you,
» sincerely,
Heidi and Dan McKeown
» Begin forwarded message:
» From: DANIEL W MCKEOWN <danmckeown @comcast.net>
» Date: July 13, 2010 11:18:00 AM CDT
» To: kharycki @ci.stillwater.mn.us, rgag @ci.stillwater.mn.us,
mcook @ci.stillwater.mn.us, jroush @ci.stillwater.mn.us, polehna @usfamily.net
» subject: Fwd: pool fence issue follow -up eamil
» Greetings to you Mr. Mayor and City Council Members,
» Just following up on my past email. We are still trying to learn more
about the fencing issue and how it is related to pool covers.
» we have not received anything from the city on this and have just
recently received information from one other concerned pool owner and I'm sure
is the
case in such circumstances, we are only hearing one side of the story.
we are still very surprised that this is an issue. we are having a
hard time understanding the logic of why it is.
» I can tell you that when we researched the pool covers, our insurer,
which is state Farm, was satisfied with the cover we purchased
» and the cover met all their strict qualifications on safety and thus
our pool is fully insured with absolutely no objections from the
» insurance company. An important aspect of the safety of our cover is
that the controls to open it are located in a hard to find location, and they
are locked with a keyed lock, which remains locked when the pool is not in
use.
» If someone wanted to gain access to the controls, which is the only
way to open the pool, they would have to smash the lock box with a crow bar
and in which case
» they would have also broken the controls. There is no fence that can
be jumped over or left open. The cover is closed and locked, period. we
Page 5
Re pool fence issue follow -up eamil.txt
actually believe that our cover is
» safer than a fence. It would be devastating if a fence was
accidentally left open and a death occurred. with our cover, again, it is
closed and it is locked, period.
» we have our cover inspected at the beginning of the pool season and we
monitor it's operation throughout the year. The only issue we have
» had with it is that the tension had to be adjusted on it once so that
it moved faster, which did not compromise any safety issues. In the winter,
the pool retains
» it's water level and the cover stays intact and locked. Again, one
can walk on it, jump on it etc. Several of us walk on it at one time in
order to clean the surface of it. As the manufacturer states, it was made
to function this way and as our insurance company supports, it is made
safe.
» If one did not understand the rigorous testing and safety of these
covers, I could see how they could be perceived as a threat.
» As a pool owner, it took us awhile to understand how they work and how
they are safe. It took our insurance company to help us to believe that yes,
they are safe.
» And at that time, the city of Stillwater fully endorsed the covers, so
again we felt very confident that it was the right application for our pool.
At some point, the city of Stillwater approved the covers. It would be
interesting to see why they did
» and what changed to cause concern now.
» Another important fact about our pool is that it is located on 5 plus
acres with no immediate homes or children near by. It is a very private
location that one would have to try very hard to find. It is not a nuisance
nor an attraction to others.
» I hope this email helps to explain our concerns on this matter.
» Please contact us with more information so we can be informed as to
what is happening on this matter and also whom
» we need to be in contact with regarding it.
» we very much ask that we be grandfathered in if this regulation should
change. we followed the cities regulations when
» building our pool and we certainly hope that the city will stand by us
in solving this issue.
» Thank you!
» Respectively,
» Heidi and Dan Mckeown
» our pool is located at 7150 Melville Court
» our home address is 3330 Heritage Court
» and our home phone is 651- 342 -6140
Page 6
Re pool fence issue follow -up eamil.txt
» Begin forwarded message:
» From: DANIEL W MCKEOWN <danmckeown @comcast.net>
» Date: July 11, 2010 11:44:46 PM CDT
» To: kharycki @ci.stillwater.mn.us, rgag @ci.stillwater.mn.us,
mcook @ci.stillwater.mn.us, jroush @ci.stillwater.mn.us, polehna @usfamily.net
subject: pool fence issue
» Greetings to You Mr. Mayor and Council Members,
we have just become aware of some issue regarding a vote that is
coming up that has to do with
» adding fencing around swimming pools, even pools that have a safety
cover that is now current code.
» we do have a pool that has a cover that is locked and is so strong
that you can stand on it without threat of
» a safety issue. (actually several people can stand on it with no
threat) we are tremendous believers of pool safety and take this
responsibility of having a pool very seriously.
» when purchasing our pool we researched the safety of covers
extensively, as it is paramount that they work and are safe. we are very
satisfied that our cover is safe and is not a
threat to others.
» we would like to request that if the ordnance should change requiring
a fence to be added, that we could be grandfathered in and that our pool could
remain as it is. It is our very firm belief
» that it is safe, it is locked and we are confident that it could be
grandfathered in and the situation could have a positive outcome for all
parties involved.
» It is surprising to us that this is even an issue, as the cover we
have is so safe. But since the issue is up for a vote, there must be some
concern generated from someone. It is always good to review
» safety issues and we certainly understand and respect that. we do
however feel very strongly that we have a safe cover and we are responsible
pool owners who again, would really appreciate
» it if we could be grandfathered in!
» I sincerely thank you for your consideration in this matter.
» very sincerely,
Heidi and Dan McKeown
Page 7
APPROVAL OF THE CONCESSION AGREEMENT BETWEEN GARTNER
RESTAURANT HOLDINGS LLC AND THE CITY OF STILLWATER
BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with
Gartner Restaurant Holdings, LLC and the City of Stillwater for concession
operation at the St. Croix Recreation Center 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 16th day of November, 2010.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
CONCESSION AGREEMENT
This Concession Agreement ( "Agreement ") is made this /3 day of
0 C.--1-C2, (� , 2010, between the CITY OF STILLWATER, a Minnesota municipal
corporation (the "City "), and HOME RULE CITY OF THE THIRD CLASS with offices at 216
N. 4th Street, Stillwater, MN 55082, and GARTNER RESTAURANT HOLDINGS, LLC., a
Minnesota Limited Liability Company, with offices at 10899 132 S. Main Street, Stillwater, MN
55082 ( "Gartner ").
WITNESSETH
The City is the owner of the St. Croix Recreation Center, 1675 Market Drive, Stillwater,
Minnesota, which features an indoor ice arena, and outdoor ice rink and a multipurpose domed
field house (collectively, the "Facilities ").
Gartner is in the business of providing restaurant and concession services. Gartner has
the knowledge and expertise to conduct and market the concession services at the Facilities.
NOW, THEREFORE, in consideration of mutual promises and other consideration the
parties agree as follows:
ARTICLE I
OPERATING CONDITIONS
Section 1. Term. Beginning November 1, 2010 and continuing until September 1,
2020, Gartner will provide the City with the services set forth in this Article. Notwithstanding
the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon
not less than sixty (60) days prior written notice to Gartner. In this event, the City must pay to
Gartner any amounts owing to Gartner and accrued through the date of termination, it being
understood that the purpose of this termination right is to comply with so -called "safe harbor"
guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986.
Section 2. Responsibilities.
2.01 Gartner's Responsibilities:
a. Concessions. Gartner will provide concession services at the Facilities for
the sale, through manual service, vending machines and other methods (collectively, the
"Concessions "). Gartner will cause the Concessions to be operated and conducted so
that all persons who patronize the Facility will always be promptly and satisfactorily
served. All foods and beverages sold must always be of the highest standard of quality
and purity, must be stored and handled at all times consistent with excellent standards of
sanitation, preservation and purity, must always be well prepared and satisfactorily
served and must always conform to the requirements of all applicable federal, state and
municipal laws, statutes, ordinances and regulations. No imitation, adulterated or
misbranded commodities may be stored, displayed or sold by Gartner or any employees
or contractors. The City and Gartner acknowledge that it is not always feasible to operate
all the Concessions on a daily basis. Periodically, the City and Gartner will confer in an
Page 1 of 8
effort to agree upon the nature and scope of operation which is consistent with their
respective interests. Gartner will provide reasonable and adequate service consistent with
the activities at the Location for each event.
b. Maintenance. Gartner must perform all minor maintenance of any area in
which they operate.
c. Custodial and Cleaning Services. Gartner must provide all routine
cleaning and janitorial services for the areas in which they operate.
d. Pest Control. Gartner must perform all necessary pest control services,
whether performed by them or a pest control service engaged by Gartner.
e. Trash Removal. Gartner is responsible for removal of all trash from the
areas in which they operate, that it will not permit any employee to place refuse outside
the buildings on the Facility, except in designated Dumpsters, the location of which must
be approved by the City.
f. Licenses and Permits. Gartner must obtain and maintain, on behalf of the
City, all licenses and permits necessary for their operation, including Permits needed
from Washington County Department of Health.
g. Collection of Revenues. Gartner will be responsible for the collection of
all revenues. "Revenue" is defined as the total amount received by Gartner or any other
person or entity operating on Gartner's behalf from third parties, directly or indirectly
arising out of or in connected with concession sales, transactions for cash, less applicable
taxes. The City is authorized at any time to obtain information and records from Gartner
concerning proof of payment and verify and inspect any records.
h. Rent. Gartner will pay to the City base rent of $30,000 per year plus 20%
of gross sales that exceed $120,000 per calendar year.
i. Meetings. Gartner must, upon ten (10) days written notice, attend
meetings held by the City of Stillwater Parks and Recreation Commission for the purpose
of providing reports on the operations of the Concession and/or to discuss issues or
problems concerning the operations of the Concession. Attendance at meetings held by
the City Council will also be required, upon ten (10) days written notice, for discussion of
issues or problems that may require such meetings.
2.02 City's Responsibilities:
a. Operating Hours. Determine the operating hours and rate schedule of the
Facilities and its various components in consultation with Gartner .
b. Trash Removal. Haul trash from the site, provided trash is placed in
dumpsters provided by the City.
Page 2 of 8
c. Snow Removal. Plow snow from parking lot areas to be used by visitors
to the Facilities.
d. Maintenance. Maintain all outdoor areas of the Facilities unless
specifically listed as a Gartner responsibility.
efforts.
e. Marketing. Assist Gartner when possible in its promotion and marketing
ARTICLE II
GENERAL TERMS AND CONDITIONS
Section 3. Representation of the City. The City represents and warrants to Gartner
as an inducement to Gartner entering into this Agreement, that it is the City's intent that the
Facility will be permitted to be open to the paying public in a manner consistent with industry
practices.
Section 4. Alterations, Additions, Improvements. Permit the Premises to be used
for any purpose other than that stated in Section 2.01, or to make, or allow to be made, any
alterations, additions or improvements in or to the Premises, or any part thereof, without first
obtaining the written consent of the City, save and except minor cosmetic or decorating changes
if no damage is done to the Premises as a result of the changes (which may be made without the
prior consent of the City).
Any and all such alterations, additions or improvements made to or in the Premises,
including, but not limited to, wall paneling, paneling and built -in cabinet work, but excepting
moveable furniture and trade fixtures, shall at once become part of the realty and belong to the
City and shall be surrendered with the Premises except:
(a) Signs. Gartner shall not erect, display or affix any sign, shade, awning,
fence, antenna, or any device or structure whatsoever, upon the Building,
nor upon the exterior walls or roof thereof, without, in each instance, first
obtaining the written consent of the City. Gartner shall remove such signs
upon the termination of this Lease or a renewal thereof and shall restore
any damage to the Premises caused thereby.
Any sign erected by Gartner shall conform to any and all governmental
rules, regulations, ordinances and laws with respect to the same, and shall
not be distasteful, defacing, unfit or affect the structural strength of any
improvements.
(b) Other. Without the prior written consent of the City, Gartner shall not
mark, paint, drill, deface, inure, waste, damage or alter the exterior of the
Premises; conduct business so as to constitute a nuisance to others; burn
trash or garbage; display merchandise or storage of items on or about the
Building or areas occupied by the City; overload any floor or facility;
make any structural alterations except as provided in this Agreement;
Page 3 of 8
throw foreign substances in the plumbing facilities or use the same for any
purpose other than that for which they were constructed.
Section 5. Food and Beverage Products. All Food and Beverage products, except
for any product that the City is obligated to purchase from others will be purchased from
Gartner. Gartner will invoice the city at Gartner's Wholesale costs plus 10 %.
Section 6. Standard of Operation. Gartner represents and warrants to the City that
it will maintain an efficient and high quality operation at the Facility comparable to other
locations containing facilities similar to those of the Facilities.
Section 7. Accounting Records, Reports and Practices.
7.01 Gartner must maintain accounting records relating to the Facilities using
accounting practices in accordance with generally accepted accounting principles consistently
applied.
7.02 Gartner must establish internal financial control policies and practices which are
in accordance with generally accepted standards in the industry and reasonably acceptable to the
City.
7.03 The City will have unlimited access to all accounting records and supporting
documentation of Gartner relating to the Facility during the term of this Agreement and for a
period of three (3) years thereafter. The right to access will be exercised in a reasonable manner.
Section 8. Default and Right to Cure.
8.01
hereto:
It will be an event of default ( "Event of Default ") hereunder if either party
a. Fails to perform or comply with any other obligation of such party
hereunder within thirty (30) days after written notice by the other of such failure (which
notice will specify, in sufficient detail, the specific circumstances so as to give the
defaulting party adequate notice and the opportunity to cure the same); provided
however, that if the default is of a nature that it cannot be cured within thirty (30) days,
then the defaulting party will not be deemed in default hereunder if it commences to cure
the default within ten (10) days after the effective date of the notice of such default and
diligently process to cure such default within ninety (90) days after the effective date of
notice.
Section 9. Insurance.
9.01 In connection with the employment of its employees, Gartner will pay all
applicable social security, re- employment, workers' compensation or other employment taxes or
contributions of insurance, and will comply with all federal and state laws and regulations
relating to employment generally, minimum wages, social security, re- employment insurance
and worker's compensation. Gartner will indemnify and hold harmless the City from all costs,
Page 4 of 8
expenses, claims or damages resulting from any failure of Gartner to comply with this
Section 8.01.
9.02 Gartner must procure and maintain insurance against any use or occupancy by
Gartner of the Facility or the operations of Gartner at the Facility (which operations must
include, without limitation, concessionaire uses, subletting and contract with independent
contractors) and must name the City, its officers, directors, elected officials, employees and
affiliates as additional insureds thereon. The amounts of such coverages will be as follows:
a. For Property Damage and Bodily Injury, and Automobile Coverage:
$2,000,000 per Occurrence and $2,000,000 General Aggregate.
b. Products- Completed Operations Aggregate: $2,000,000.
c. Personal and Advertising Injury: $1,000,000 per Occurrence.
d. Medical Expenses: $5,000 per Occurrence.
9.03 City must procure all Risk Property Insurance for the completed value of the
Facility to cover the Facility including Gartner's use, occupancy and operation of the Facility
against the perils of fire and other perils normally covered by an All Risk policy. The City must
be named insured on the property insurance. The City and Gartner agree to waive all rights
against each other, and each other's subsidiaries, affiliates, agents and employees, for damages
covered by the property insurance.
a. Indemnity. Gartner agrees to indemnify, hold harmless, protect, and
defend City or City's agents, representatives and any affiliated or related entities against
any and all claims, loss, liability, damages, costs and expenses, including reasonable
attorney's fees, that are alleged to have occurred as a result of or due to the breach of
contract, negligence or willful misconduct of Gartner, its agents, consultants,
subcontractors, employees or representative, to the extent that such claim, loss, liability,
damage, cost or expense is alleged to have been caused by Gartner, its agents,
consultants, subcontractors, employees or representatives. Gartner hereby waives any
claims it may, now or in the future, have against City which claims are or should have
been covered by the insurance specified in this Agreement. By this indemnity, which is
not intended to be the procurement of insurance, the City in no way knowingly or
intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04.
Section 10. Employees.
10.01 All persons engaged at the Facility in operating any of the services hereunder
are the sole and exclusive employees of Gartner and must be paid by Gartner. In connection
with the employment of its employees, Gartner will pay all applicable social security, re-
employment insurance, workers' compensation or other employment taxes or contributions to
insurance plans, and retirement benefits, and must comply with all federal and state laws and
regulations relating to employment generally, minimum wages, social security, re- employment
insurance and worker's compensation, and will defend, indemnify and save the City harmless
from any responsibility therefore. Gartner must comply with all applicable laws, ordinances and
Page 5 of 8
regulations including, without limitation, those pertaining to human rights and nondiscrimination
set forth in Minn. Stat. §181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same
may be amended from time to time, all of which are incorporated herein by reference.
Notwithstanding any provision of this Agreement to the contrary, this Agreement may be
canceled or terminated by the City for a violation of this paragraph, in addition to the penalty
provisions which may be invoked by the City pursuant to the above cited statutes and ordinances.
10.02 Gartner will employ trained and neatly dressed employees and the employees
must conduct themselves at all times in a proper and respectful manner. Any dismissal must be
in accordance with applicable federal, state or local laws which may be in effect, and Gartner
will defend, indemnify and save the City harmless from any claim, cause of action, expense
(including attorneys' fees), loss, cost or damage of any kind or nature arising therefrom, except
in the case of express written direction from the City.
Section 11. Non — waiver. The failure of either party at any time to enforce a provision
of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the
validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each
and every provision hereof.
Section 12. Amendment. The parties may amend this Agreement only by written
agreement executed by the parties.
Section 13. Choice of Law. The laws of the State of Minnesota will govern the rights
and obligations of the parties under this Agreement.
Section 14. Severability. Any provision of this Agreement decreed invalid by a court
of competent jurisdiction will not invalidate the remaining provisions of this Agreement.
Section 15. Notices.
15.01 Any notice required herein will be in writing and will be deemed effective and
received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail,
certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit
with a national overnight air courier, fees prepaid, to Gartner or City at the following addresses:
If sent to the City: Larry Hansen
City Administrator
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
with a copy to:
Sharon Harrison
City Treasurer and Finance Director
City of Stillwater
216 North 4th Street
Page 6 of 8
If sent to Gartner :
Stillwater, MN 55082
Greg Gartner
Gartner Restaurant Holdings, LLC
132 South Main Street
Stillwater, MN 55082
15.02 The City's representative to Gartner in connection with Facility operations will
be Larry Hansen, City Administrator and.will be the Gartner On -site Manager.
Either party may designate an additional or another representative or address for notices upon
giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement,
"business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the
United States of America.
Section 16. Force Maieure.
16.01 Neither party will be obligated to perform hereunder, and neither will be deemed
to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil
commotion or other matter or condition of like nature, including the unavailability of sufficient
fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any
public or military authority stemming from the existence of economic controls, riot, hostilities,
war or governmental law and regulations.
16.02 In the event of a labor dispute which results in a strike, picket or boycott
affecting the Facility or the services described in the Agreement, Gartner will not be deemed to
be in default or to have breached any part of this Agreement.
16.03 Notwithstanding any other provision of this Agreement, in the event that the
State of Minnesota changes or terminates the statutory authority of the City for building,
operating and maintaining the Facilities, and the changes make this Agreement impractical or
unlawful to carry out, the City has the right to terminate this Agreement.
Section 17. Integration. This Agreement and all appendices and amendments hereto
embody the entire agreement of the parties relating to the services to be provided hereunder.
There are no promises, terms, conditions or obligations other than those contained herein, and
this Agreement will supersede all previous communications, representations, or agreements,
either oral or written, between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
CITY OF STILLWATER,
a Minnesota municipal corporation
Ken Harycki, Mayor
Page 7 of 8
STATE OF MINNESOTA
) ss
COUNTY OF WASHINGTON
ATTEST:
Diane Ward, Clerk
On this day of October, 2010, before me, a Notary Public within and for said
County, appeared Ken Harycki and Diane Ward, to me personally known, who, being by me
duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of
Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its
City Council, and they acknowledged the said instrument was the free act and deed of the City.
STATE OF MINNESOTA
) ss
COUNTY OF WASHINGTON
Notary Public
On this 19 day of October, 2010, before me, a Notary Public within and for said
County, appeared Greg Gartner, to me personally known, who, being duly sworn, did say that he
is the President of Gartner Restaurant Holdings, LLC. and that this instrument was signed as the
free act and deed of the corporation.
Kate Nelson
Notary Public
Minnesota
Page 8 of 8
January 31, 2012
MEMORANDUM
TO: Mayor and City Council
FROM: Torry Kraftson, Assistant City Engineer
DATE: November 10, 2010
RE: Feasibility Study for 2011 Street Improvement Project (Project No. 2011 -02)
DISCUSSION
Engineering staff would like to proceed with the 2011 Street Improvement Project. Authorization of a feasibility
study is the first step in the process. It is proposed that the following streets be considered for the 2011 Street
Improvement Project:
Street Name
Anticipated Reconstruction Method
Fischer Circle
Amundson Court
Amundson Place
Sycamore Street
West Saint Croix Avenue
!ka
Oak/Oakes Street (1Iw
e
Towne Circle
c kc
Robin Lane
West Linden Street
South McKusick Lane
0
Pavement reconstruct/ save concrete curb
Pavement reconstruct/ save concrete curb
nstiruct/ save
Pavement reconstruct/ save concrete curb
Pavement reconstruct/ save concrete curb
Pavement reconstruct/ save concrete curb
y m nt're t nstruet
Pavement reconstruct
ncrete c +I
Pavement mill and overlay/ save concrete curb
I� x t t „till a i bve l !/ to e E-&03refj curd
Pavement mill and overlay/ save concrete curb
ye
Pavement mill and overlay/ save concrete curb
Pavement reconstruct/ save concrete curb
The total length of the streets listed above is 3.6 miles. In the 2011 pavement management study, the above mill
and overlay streets were primarily in fair condition and the pavement reconstruction streets were primarily in poor
and worst condition. The feasibility study will analyze pavement conditions, subsurface soils, curb needs, storm
sewer needs, sidewalk considerations, and utility needs.
RECOMMENDATION
Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water
main, sidewalk/trail, sanitary sewer, and storm sewer improvements for the streets listed above for the 2011 Street
Improvement Project.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting Resolution No.
2010- , RESOLUTION ORDERING PREPARATION OF REPORT FOR 2011 STREET
IMPROVEMENTS (Project 2011 -02).
RESOLUTION ORDERING PREPARATION OF REPORT
FOR 2011 STREET IMPROVEMENTS
(PROJECT 2011 -02)
BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and that he is
instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost
of the improvement as recommended.
Adopted by the Council this 16th day of November 2010.
ATTEST:
Diane F. Ward, City Clerk
Ken Harycki, Mayor
PROPOSED 2011 FEASIBILITY STUDY AREA
THE IIIITHPLACE IF MINNESOTA
LEGEND (PROJECT TYPE)
RECONSTRUCT
MILL AND OVERLAY
0 1000 2000 4000
SCALE IN FEET
McKUSICK
K °SAD LANE N.
SOW E CIRCLE
AM NDSON DRI E
Fl HER
AMUNDSO ' •i RCL
AMUNDSO 'URT
D COURT
AMUNDSON PLACE
AMUNDSON LANE
SYCAMORE STREET
NORTH CENTER ST
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-....
Vaal *MVO N
MI
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Imel I
.MC
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.......,.....4
02/0.14 16.4,t7......F'iattaiek
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iliwater
T H E B I R T H P L A C E O F M I N N E S O T A
City Council Memo
DATE: November 12, 2010
RE: Parking Commission Recommendation on
Private Use of Parking Ramp
FROM: Bill Turnblad, Community Development Director .77
INTRODUCTION
The Parking Commission discussed the question of allowing private residents to rent spaces in
the parking ramp this winter. This could include parking cars over the winter or storing trailers,
boats, etc in the ramp.
DISCUSSION
On October 21, 2010 the Parking Commission discussed the advantages and disadvantages of
opening up the ramp to other users during the winter months. It is recognized that during the
winter the parking ramp is not used by visitors to the downtown businesses. It is primarily used
then for contract parking and by the neighboring churches on Sundays. The contract parking is
that of both neighborhood businesses and the Lowell Inn.
To increase parking revenue during the off season, the Parking Commission wondered whether it
should open up use to local residents. However, the increased revenue would result in a decrease
in access for the current contract parkers, which may impact Sunday use and large events for the
Lowell Inn. If popular for private renters, it may also impact contract parking for the
neighborhood employees. Moreover, the Police Department and Public Works Department are
concerned about the impact of turning the parking ramp into a mini - storage facility during the
winter months.
RECOMMENDATION
The Parking Commission felt that the City needed the use and revenue data of at least another
year before it felt comfortable considering allowing mini - storage in the ramp during the winter.
This is especially true given the potential negative impacts that could be caused by the change in
use. Therefore, they recommended that the City Council keep the parking ramp usage as it
currently is. Which is to say, do not allow private use of the ramp this winter.
bt
iliwater
1 H £ 8 ! R 1 H P I A C E O F M I N N E S U A
Memo
To: Mayor and City Council
From: Tim Moore, Assistant Public Works Superintendent - 7fPi
Date: November 10, 2010
Re: Improvements to Lily Lake and Northland Park Facilities
BACKGROUND
The Lily Lake Bathrooms were constructed in the middle to late 1980s' by City personnel. These facilities
have served very well over the past 21A decades or so. This facility gets heavy use from May through the
end of September. The roof is in need of replacement and the exterior walls are deteriorating and in
need of repairs.
Northland Park's warming house was moved to that site sometime in the 1970s' and is used by the
horse shoe league on Monday nights in the summer, hockey association practices in the winter and for
storage of some park equipment all year around. The roof is in need of replacement, some foundation
work needs to be done and the masonite siding is deteriorating.
At the August 23, 2010 Parks and Recreation Commission meeting improvements to the Lily Lake and
Northland Park Facilities was discussed. Staff was directed by the commission to obtain quotes for these
improvements. Improvements included a new steel roof on the picnic shelter at Lily Lake, new shingled
roof and exterior to the Lily Lake bathrooms and a new shingled roof to the Northland Park warming
house. The new steel roof was approved at the September 21, 2010 city council meeting and has been
completed.
DISCUSSION
Three quotes were received originally from Cates Fine Homes, Valley Concrete, Inc. and J. B. Contracting
for more extensive work. Since that time staff has worked with 2 contractors and obtained more exact
pricing. This work will consist of a new asphalt shingle roof, cultured stone veneer half wall and
fiber /cement siding at Lily and a new asphalt shingle roof at Northland. They are as follows:
Lily Lake: Cates — $33,950.00 J.B. - $13,800.00
Northland: Cates — $4312.00 J.B. - $3450.00
STAFF RECOMMENDATION
Staff recommends entering into a contract to complete improvements to Lily Lake and
Northland Park facilities.
MEMORANDUM
TO: Mayor and City Council Pb
FROM: Shawn Sanders, Director of Public Works
Date: November 10, 2010
RE: Purchase of DNR property
DISCUSSION:
Prior to the land sale of the Jackson Wildlife Management Area (Jackson WMA), the Minnesota
Department of Natural Resources (DNR) split the property into two parcels, Tract A and Tract B.
(See attached map). Tract A , the larger of the two, was sold as part of their public auction held
in October. The remaining parcel, Tract B, was not included in the auction is now being offered
to the City. Tract B is a 3.47 acre parcel located on the eastern shoreline of the WMA,
approximately 1.6 acres is land area. The City owns an outlot east of this parcel which is used as
open space. The parcel is being offered to the City at a price of $48.65, which includes $1.00 for
the land sale and $47.65 for deed tax and recording fee.
Since the land is being offered to the City at less than the appraised value, reversionary
provisions will be include with the purchase. The land would revert back to the DNR if:
a. Grantee fails to establish and maintain the land for public use.
b. Allows another use without the written approval of the commissioner of natural
resources, or
c. Abandons the public use of the property.
These provisions do not seem be too extraordinary and that the City would be able to comply.
RECOMMENDATION
It is recommended that Council consider the purchase of TRACT B of the Jackson WMA from
the DNR at a purchase price of $48.65.
ACTION REQUIRED
If Council desires to purchase the property, they should pass RESOLUTION 2010 -
APPROVING THE PURCHASE OF TRACT B OF THE JACKSON WILDLIFE
MANAGEMENT AREA.
Minnesota Department of Natural Resources
500 Lafayette Road • St. Paul, MN • 55155 -40
October 25, 2010
City of Stillwater
Ken Harycki, Mayor
216 4th Street North
Stillwater, MN 55082
Ref: Sale # 82007 /Tract B - Jackson WMA
Dear Mr. Harycki,
As you are aware, the Jackson WMA/Tract was sold at public auction on October 21,
2010. The Department would like to offer the City of Stillwater Tract B for less than
appraised value.
The legal description of the parcel to be sold, Tract B, is described as:
Tract B (3.47 Acres)
All that part of the North Half of the Southeast Quarter (N 1/2 SE 1/4) of Section
Thirty (30), Township Thirty (30) North, Range Twenty (20) West, Washington
County, Minnesota, bounded by the following described lines:
Commencing at the East Quarter Corner of said Section 30; thence on an assumed
bearing of North 88° 13' 48" West, 399.98 feet on and along the east -west quarter
line of said Section 30 to the point of beginning of the tract to be described;
thence continue North 88° 13' 48" West 129.05 feet on and along the said east -
west quarter line; thence South 17° 17' 40" West, a distance of 1165.89 feet;
thence South 89° 24' 11" E, a distance of 141.95 feet; thence North 16° 41'
00 "East, a distance of 1162.35 feet, to the point of beginning.
Excepting therefrom, two parcels of land conveyed by A. B. Jackson to Donald B.
Fulton filed for record in the Register of Deeds Office, Washington County, on
March 4, 1969, in Book 304 of Deeds, page 284 and on June 28, 1972, in Book
31.7 of Deeds , Page 207.
Subject to all existing easements.
Tract B is being offered to the City of Stillwater for $1 plus deed tax and recording fee.
The costs total:
Land price:
Recording Fee:
State Deed Tax:
Total Sale consideration:
$ 1.00
$46.00
$ 1.65
$48.65
Page, 1of2
wuv.nr.sta e.mn.us
AN EQUAL OPPORTUNITY EMPLOYER
wor PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST- CONSUMER WASTE
A condition of this sale due to a sale price of less than appraised value is that the property
deed will include a revertionary provision as follows: The above described land shall
revert to the grantor if:
(a) Grantee fails to establish and maintain the land for public use,
(b) Allows another use without the written approval of the commissioner of
natural resources, or
(c) Abandons the public use of the property.
We are ready to proceed with the sale of(Tract B. In order to do so, we need a check from
the City in the amount of $48.65. Should you have any question, please feel free to
contact Jodi Dehn at 651.259.5391.
Thank you.
Sincerely,
Marty K. Vadis
Lands & Minerals, Director
Attachment
Cc: Aaron Vande Linde
Jodi Dehn
Trina Zieman
Page 2 of 2
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ORDINANCE NO.: 1022
AN ORDINANCE OF THE CITY OF STILLWATER
AMENDING THE STILLWATER
CITY CODE, TO INCLUDE ADMINISTRATIVE OFFENSES
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. Amending. Section 22.9 Administrative Citations and Civil Penalties is
hereby amended by adding (2) to "Subd. 2 General Provisions," to read as follows:
Subd. 2. General Provisions.
"(2) A violation of Sign Regulations as described in Section 31 -1 Subd.
26 of the Stillwater City Code entitled "Sign Regulations."
2. Saving. In all other ways the City Code will remain in full force and effect.
3. Effective Date. This Ordinance will be in full force and effect from and
after its passage and publication according to law.
Adopted by the City Council of the City of Stillwater this 7th day of December
2010.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
ORDINANCE NO.: 1023
AN ORDINANCE OF THE CITY OF STILLWATER AMENDING
THE STILLWATER CITY CODE SECTION 31 -1, ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
The zoning ordinance Sec. 31 -1 Sub 4 Definitions is changed to hereafter read as follows:
1. Amending. Accessory Use of Buildings is changed and restated to hereafter read as
follows:
"Accessory use or buildings means a subordinate use, building or structure
customarily incident to and located on the same lot with the main use or
building. Throughout the zoning ordinance the terms use, building or
structure are synonymous and the term "building" includes within its
meaning "use" and "structure" when applying the development regulations
in each District."
2. Saving. In all other ways, the City Code will remain in full force and effect.
3. Effective Date. This ordinance will be in effect from and after its passage and
publication according to law.
Adopted by the City Council of the City of Stillwater this 7th day of December, 2010.
CITY OF STILLWATER
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
4.
Memo
DATE: November 5, 2010
TO: Larry Hansen
City Administrator
FROM: Sharon Harrison
Finance Director
RE: Sanitary Sewer Fund
BACKGROUND
The Sanitary Sewer Fund is a Proprietary Fund. Proprietary fund sources of funding mainly
come from user fee. The City's policy is to do a financial review of all proprietary funds at year-
end to ensure the financial integrity of each fund. During the presentation of the 2009 financial
statement, the auditor highly recommended that the City consider looking at raising rates to
cover the deficit in the Sanitary Sewer Fund.
There are two parts to the Sanitary Sewer rate: (1) the base rate (also called the minimum
charge); and (2) the overage charge. Currently, the charge for the base rate is $39.00 per quarter
for the first 10,000 gallons and the overage charge is $3.70 per quarter per 1,000 gallons over the
base. The last sanitary sewer rate increase occurred in mid 2006.
In order to fund Sanitary Sewer fund expenses, I have listed a few options for increasing
revenues for you and the Council to consider:
Option 1: Raise rates to fund the entire operating loss of $309,468. This option would result in
a $2.00 increase in the base rate and a $1.20 increase in the overage rate.
Option 2: Raise rates to fund $237,214. The $237,214 is derived from taking into account a
portion of the non - operating revenues (interest and penalty) of $72,254. These revenue sources
have proven to be resonably consistent and recurring over the past four years. This option would
result in a $1.00 increase in the base rate and a $1.00 in the overage rate.
Option 3: Raise rates to fund $277,214. The $277,214 is taking into account all non - operating
revenue sources of $72,254 and the transfer out of $40,000 (NOTE; The $138,000 is a capital
contribution NOT a cash contribution). The transfer out was transferred to fund the sanitary
sewer's portion of the 2008 Street Project. This option would result in a $1.00 increase in the
base rate and a $1.20 increase in the overage charge.
Attached to this memo is a worksheet that shows the affect of these optional rate increases
on a family of 4 with an average water consumption of 25,000 gallons per quarter.
ACTION REQUIRED
If Council concurs with staff's recommendation to raise sanitary sewer rates, Council should
pass a resolution adopting one of the above mentioned sanitary sewer rate options.
RATES CALCS USING CURRENT RATES TO FUND 2009 DEFICIT (PER F /S)
Current Rates /Quarter
TOTAL BASE OVERAGE
$39.00 $3.70
OPTION 1
Increase Rates by /Quarter $2.00 $1.20
Revenue Increase /Quarter $76,544 $14,154 $62,390
Revenue Increase /Year $306,176 $56,616 $249,560
Final Rates $41.00 $4.90
Impact on Family of 4:
Average Water Consumption /Quarter 25,000 10,000 15,000
Amount of Increase Per Quarter $20.00 $2.00 $18.00
Amount of Increase Per Year $80.00 $8.00 $72.00
OPTION 2
Increase Rates by /Quarter $1.00 $1.00
Revenue Increase /Quarter $59,069 $7,077 $51,992
Revenue Increase /Year $236,276 $28,308 $207,968
Final Rates $40.00 $4.70
Impact on Family of 4:
Average Water Consumption /Quarter 25,000 10,000 15,000
Revenue Increase /Quarter $16.00 $1.00 $15.00
Revenue Increase /Year $64.00 $4.00 $60.00
OPTION 3
Increase Rates by /Quarter $1.00 $1.20
Revenue Increase /Quarter $69,467 $7,077 $62,390
Revenue Increase /Year $277,868 $28,308 $249,560
Final Rates $40.00 $4.90
Impact on Family of 4:
Average Water Consumption /Quarter 25,000 10,000 15,000
Amount of Increase Per Quarter $19.00 $1.00 $18.00
Amount of Increase Per Year $76.00 $4.00 $72.00
CITY OF STILLWATER, MINNESOTA
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS
PROPRIETARY FUNDS
Year ended December 31, 2009
Business -type Activities
Sanitary Storm
Sewer Sewer
OPERATING REVENUES
Charges for services $ 1,874,504 $ 491,514
OPERATING EXPENSES
Personnel services 341,200 266,055
Supplies 24,403 6,789
Other services and charges 1,544,511 175,569
Miscellaneous 5,634 42,976
Depreciation 268,224 16,602
Total operating expenses 2,183,972 507,991
Income (loss) from operations (309,468) (16,477)
NONOPERATING REVENUES
Interest income 41,682 4,873
Other income 30,572
Total nonoperating revenues 72,254 4,873
Income (loss) before contributions
and transfers (237,214) (11,604)
Capital contributions 138,000 40,000
Transfers out (40,000) (47,372)
Change in net assets (139,214) (18,976)
Net assets, January 1 8,323,253 398,523
Net assets, December 31 $ 8,184,039 $ 379,547
The notes to the financial statements are an integral part of this statement
42
CITY COUNCIL
DATE: November 12, 2010
ITEM: Contract for design services for the North Lowell Park /Pedestrian
Plaza Master Plan and Pedestrian Plaza Construction Plans
CC DATE: November 16, 2010
REVIEWERS: City Engineer and Community Dev. Director
PREPARED BY: Michel Pogge, City Planner
On October 18th, the City sent out a request for proposals (RFP) for the North Lowell
Park /Pedestrian Plaza Master Plan and Pedestrian Plaza Construction Plans. Proposals
were due to the City by November 8th. The City received proposals from the following
firms: TKDA, SRF, WSB, Sanders Wacker Bergly, SEH, and Bonestroo.
City Engineer Shawn Sanders, Community Development Director Bill Turnblad, and
City Planner Mike Pogge reviewed and scored each of the proposals based on the
criteria outlined in the RFP. The RFP specifically called for scoring each firm on the
firm's qualifications, past experience, planning approach, and fees. Based on the staff
review the top three proposals are as follows:
1. Sanders Wacker Bergly - Teamed with Foth Engineering; Folz, Freeman, and
Erickson Engineering; and Collaborative DesignGroup.
2. WSB - Teamed with Brauer & Associates and Oertel Architects
3. SRF Teamed with Collaborative Design Group.
The fees for the top three proposals are a follows:
Sanders Wacker Bergly $112,820 (Fourth overall on fees out of all six of the
proposals received)
• WSB $95,075 (Third overall)
• SRF $80,166 (Lowest overall)
North Lowell Park /Pedestrian Plaza
Page 2
Even with their higher fees, staff is recommending the City engage in a contract with
Sanders Wacker Bergly (teaming with Foth Engineering, Folz, Freeman, and Erickson,
and Collaborative DesignGroup) for the project. Reasons for this selection include:
1. Foth Engineering was the only firm that provided specific examples of projects in
which they were successful in obtaining Mn /DOT permits to install unique
pedestrian crossing that have also been constructed in the metro area.
2. Their team has a wide range of experience in urban and waterfront projects that
have been both planed and successfully implemented. One of their past projects
includes planning for Stillwater's Lowell Park riverfront improvements.
3. The proposal provided a specific planning approach to the project on how they
will be able to complete the project in the timeline outlined in the RFP. This is
important because timing is critical and the turnaround time is quick
4. The team brings local experience including Sanders Wacker Bergly who has
completed a number of plans for Lowell Park; Folz, Freeman, and Erickson from
Lake Elmo; and Stillwater Resident Bill Hickey of Collaborative DesignGroup.
STAFF RECOMMENDATION
Authorize the Mayor to sign a contract with Sanders Wacker BergIy in the amount of
$112,820 for design services related to the North. Lowell Park /Pedestrian Plaza Master
Plan and Pedestrian Plaza Construction Plans.
APPROVAL OF THE CONTRACT BETWEEN SANDERS WACKER BERGLY
AND THE CITY OF STILLWATER FOR DESIGN SERVICES RELATED TO
THE NORTH LOWELL PARK/PEDESTRIAN PLAZA MASTER PLAN AND
PEDESTRIAN PLAZA CONSTRUCTION PLANS
BE IT RESOLVED by the City Council of Stillwater, MN that the contract with
Sanders Wacker Bergly and the City of Stillwater for design services related to
the North Lowell Park/Pedestrian Plaza Master Plan and Pedestrian Plaza
Construction Plans 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 16`h day of November, 2010.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
SUI Iwaki
rtu yr ;�i�nyevire
PROPOSAL
North Lowell Park Pedestrian Plaza Master /Plan &
Pedestrian Plaza Construction Pia*
SandersWackerBergly,Inc.
Landscape Architects &
Planners
365 Kellogg Boulevard E
Saint Paul MN 55101-1411
Phone: (652) 221-0401
November 2010
FOTH - Engineers
FFE - Surveyors
CDG - Architects
SandersWackerBergly, Inc.
Landscape Architects and Planners
365 Kellogg Boulevard East • Saint Paul, Minnesota 55101 -1411
This report is printed on recycled paper with a minimum of
I0% post- consumer waste.
To recycle the paper, remove the binding.
Attentive Service
& Creative Solutions
(651) 221 -0401
North Lowell Park & Pedestrian Plaza Plans November 8, 2010
SandersWackerBergly, Inc. Attentive Service
Landscape Architects and Planners & Creative Solutions
365 Kellogg Boulevard East • Saint Paul, Minnesota 55101 -1411 (651) 221 -0401
November 8, 2010
Mr. Michel Pogge
City of Stillwater
216 Fourth Street N
Stillwater MN 55082
RE: Proposal to Provide Landscape Architectural Services
North Lowell Park & Pedestrian Plaza Plans
Dear Mr. Pogge,
Sanders Wacker Bergly, Inc. (SWB), Landscape Architects and Planners, is pleased to submit our proposal to
prepare plans and construction documents that exceed the current expectations of the City.
We are very pleased to have assembled a very talented team that is recognized both locally and nationally for
its innovative work in public spaces, streetscape and park planning. The SWB Team includes:
Foth Infrastructure and Environment — Engineers
Folz Freeman Erickson — Land Surveyors
Collaborative Design Group — Architects
Lake Elmo, Minnesota
Lake Elmo, Minnesota
Minneapolis, Minnesota
As will be evidenced later is this submittal, the SWB Team is well qualified to provide the services requested.
SWB has been a leading consulting firm in park planning and design for over 30 years, providing outstanding
service and creative solutions for a wide range of projects.
The terms and conditions of this proposal will remain valid for a minimum of 60 days from the due date of
November 8, 2010.
The SWB Team is excited to have the opportunity to work with the City of Stillwater again. As on previous
projects, William Sanders will serve as project manager and will be the point of contact for the City. He can be
reached by phone at (651) 221 -0401; by email at wsanders 2swbinc.com and by USPS at 365 Kellogg
Boulevard East, Saint Paul MN 55101 -1411.
If you have questions or require additional information, please feel free to contact our office.
Sincerely,
William D. Sanders FASLA
President
North Lowell Park & Pedestrian Plaza Plans
* Page 1 * November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
TABLE OF CONTENTS
Cover Letter 1
Table of Contents 2
A. PROFESSIONAL QUALIFICATIONS
1,2,3 Organization, Team Members, Firm Histories 3
B. PAST INVOLVEMENT WITH SIMILAR PROJECTS
1. Planning & Preparing Master Plans for
Community Parks in an Urban Setting 25
Colored Project Sheets 26
2. Experience Working with Public- Citizen Groups
And Planning Projects 43
3. Familiarity with Study Area 45
C. PLANNING APPROACH /WORK PROGRAM 46
D. FEE QUOTATION 49
E. AUTHORIZED NEGOTIATOR /EXPEDITOR 52
F. ADDITIONAL INFORMATION COMMENTS 52
1. Complete Boundary and Topo Survey Proposal
2. Foth Engineering Previous /Similar Experience
North Lowell Park & Pedestrian Plaza Plans
• Page 2 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A. PROFESSIONAL QUALIFICATIONS
ORGANIZATION and TEAM MEMBERS
The Sanders Wacker Bergly Team is highly qualified
to provide the services requested by the City of
Stillwater for this exciting Project. We are proud to
have assembled the following group of talented
professionals who enthusiastically bring their talents
to this Project. Sanders Wacker Bergly, Inc. will
provide Project Management, and Landscape
Architectural Services; Foth Engineers will provide
engineering services; Folz Freeman Erickson will
provide survey services and Collaborative Design
Group will provide architectural services. All of these
firms have worked successfully on projects of similar
scope and are familiar with the City of Stillwater and
surrounding areas.
SANDERS WACKER BERGLY, INC. (LEAD FIRM)
Landscape Architects and Planners
365 Kellogg Boulevard E
Saint Paul MN 55101 -1411
Phone: (651) 221 -0401
Fax: (651) 297 -6817
www.swbinc.com
Sanders Wacker Bergly, Inc. is a corporation
operating under the laws of the State of Minnesota.
All key personnel are licensed to provide landscape
architectural and planning services in the State of
Minnesota.
SWB, Inc. —will provide complete Project
Management, Administration and Landscape
Architectural Services.
William D. Sanders FASLA — MN Registration 12335
Bill will be Project Manager and will the liaison
between the City of Stillwater and the Team. Bill will
be responsible for the coordination of all components
of the project and will facilitate and attend all
meetings.
North Lowell Park (Si- Pedestrian Plaza Plans
Attentive Service
& Creative Solutions
Bill Sanders has established an extensive record of
accomplishments in the profession of Landscape
Architecture. Since 1970, Mr. Sanders and his work have
been recognized at the local, state and national level with
several awards. He has set a very high standard as
designer and project manager for highly visible projects,
many of which link historic and contemporary landscapes.
Bill has provided outstanding professional leadership
through his activities on prominent public projects
throughout the State, including Architectural Advisor to
the Capitol Area Architectural and Planning Board, the
Governor's Residence Council and the Greening of the
Great River Park project.
Larry L. Wacker ASLA — MN Registration 12579
Larry will be Principal in Charge. He will provide input
on design issues; oversee the preparation of cost
estimates and construction documents
Greg Johnson RLA — MN Registration 24610
Greg is a licensed landscape architect with 19 years of
park and recreation planning and design experience.
He will assist with site analysis, facility planning,
construction documents and administration, cost
estimates and will manage the preparation of
drawings, graphic material. Greg will also assist with
preparation of reports and presentations.
FOTH INFRASTRUCTURE & ENVIRONMENT LLC
Foth Civil and Structural Engineers
Eagle Point II
8550 Hudson Boulevard North, Suite 105
Saint Paul MN 55042
Phone:
Fax:
(651) 288 -8549
(651) 288 -8551
www.foth.com
• Page 3 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A. PROFESSIONAL QUALIFICATIONS
Foth is organized as several Limited Liability
Corporations under the corporate parent Foth & Van
Dyke and Associates. All key personnel are licensed
to provide professional engineering services in the
State of Minnesota.
Foth, LLC — will provide all engineering services as
they relate to the separate phases of this project.
Tom Madigan PE — Lead Civil Engineer
Tom will provide quality control and quality
assurance for the Foth team on this project. Tom is a
senior project manager and civil engineer with over
32 years of experience in the design and project
management of public and private infrastructure. He
has worked in the government, commercial and
industrial markets. Mr. Madigan has provided
project management for many public and private
buildings and has supervised civil, electrical,
mechanical, and structural engineers along with
architects and landscape architects in the design of a
variety of projects.
Dennis Postler
Dennis will provide overall project management for
Foth including all permitting for the project. Dennis is
a senior project manager and civil engineer with over
23 years of experience, including all facets of
municipal, sanitary sewer, water main, storm sewer
and stormwater management, roadway and traffic
engineering experience. He has managed projects
from inception through budgeting, facility planning,
design, and construction management, gaining
comprehensive knowledge of local municipal
government in the process. Dennis has worked for
both the public and private sectors, allowing him to
gain invaluable experience in understanding and
appreciating what both sides bring to the table.
Molly Long PE
Molly will provide traffic signal timing support for
pedestrian movements for the project.
North Lowell Park & Pedestrian Plaza Plans
Attentive Service
& Creative Solutions
Karen Erickson PE, LEED AP
Karen will provide civil support for this project for
street and utility design. Karen is a project manager
and civil engineer with over 16 years of experience in
the design and project management of public and
private infrastructure.
Matt Arnold
Matt will be providing electrical lighting design for
the project team as well as any necessary permitting
and coordination with Xcel Energy regarding power
pole locations and underground lines.
Gary A. Bohn
Gary will provide CADD support for all engineering
related work for this project.
, ckson,
FOLZ, FREEMAN, ERICKSON, INC.
Land Planning, Surveying, Engineering
12445 — 55th Street North
Lake Elmo MN 55042
Phone: (651) 439 -8833
Fax: (651) 430 -9331
www.ffe - inc.com
FFE, Inc. is a corporation operating under the laws of
the State of Minnesota. All key personnel are
licensed to provide professional land surveying
services in the State of Minnesota.
FFE, Inc. - will be responsible for the preparation of a
boundary and topographic survey per the
requirements defined in the Request for Proposals.
Todd Erickson PE
Todd will be the coordinator and manager for the
project.
• Page 4 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A.
PROFESSIONAL QUALIFICATIONS
Tim Freeman LS
Tim will be involved with the field work and final
review.
Craig Hinzman
Craig will be in charge of research and final drafting
of the project.
Eric Berkhoel
Eric will be our primary survey technician, who will
coordinate the actual field work and initial drafting
for the project.
CS COLLABORATIVE
COLLABORATIVE DESIGN GROUP
Architects and Historic Preservation
100 Portland Avenue South
Suite 100
Minneapolis MN 55401
Phone: (612) 332 -3654
Fax: (612) 332 -3626
CDG, Inc. is a corporation operating under the laws of
the State of Minnesota. All key personnel are
licensed to provide professional architectural services
in the State of Minnesota.
COLLABORATIVE DESIGN GROUP will provide
architectural services as they relate to the bathroom
structures.
Working within the overall aesthetic developed as
part of the overall planning effort, the design team
will develop several alternate layouts and design
concepts for review and approval. We will work
closely with the City to plan a structure that will
require minimal maintenance, is durable, and
provides a public amenity. In particular we will
review the "lessons learned" experience of the City at
Pioneer Park or other similar public facilities to both
North Lowell Park & Pedestrian Plaza Plans
Attentive Service
& Creative Solutions
capture successful practices and to minimize less
successful items. We will assess options using the
principles of Community Policing Through
Environmental Design (CPTED) to plan a facility that
provides a strong element of safety and security.
Equally important is that this highly visible structure
must measure up to its distinctive architectural
context. The unique blend of human -scale buildings,
materials with visual texture and interest, and vistas
through the town to the river, Lowell Park, and to the
North Hill will be assessed to optimize the building's
design. It must be a "grace note" to Stillwater's
historic downtown.
• Page 5 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A.
PROFESSIONAL QUALIFICATIONS
365 Kellogg Boulevard East
Saint Paul, Minnesota 55101µ1411
Phone: (651) 221 -0401 Fax: (651) 297 -6817
LANDSCAPE ARCHITECTURE SERVICES
• Parks, Trails, and Open Space
• Athletic Fields
• Schools and Campus Planning
• Cemeteries & Churches
• Downtown Revitalization /Streetscapes
• Commercial /Residential Development
PLANNING SERVICES
• Comprehensive Plans
• Sustainability Plans
• Zoning Ordinances
• Community Consulting Planners
• Small Area Plans
• Grant Writing
APPROACH AND PHILOSOPHY
As Landscape Architects and Planners, Sanders
Wacker Bergly, Inc. is dedicated to the philosophy
that it is important not only to live in harmony with
nature, but to actively promote environmental
stewardship through commitment to sustainable
design principles and practices on all projects. The
future of the environment and its ecosystems
depends upon this commitment, not only for the
preservation of our quality of life but that of future
generations.
North Lowell Park & Pedestrian Plaza Plans
BACKGROUND — SWB, Inc.
Attentive Service
& Creative Solutions
Sanders Wacker Bergly, Inc. is a professional firm offering
high quality services in landscape architecture and urban
planning. Since our beginning in 1979, we have established
an outstanding record of service to our clients with award
winning design, technical competence and cost effective
solutions.
STAFF
Sanders Wacker Bergly, Inc. has an experienced and highly
qualified staff that is dedicated to serving the best interests
of the client with creativity and commitment.
William Sanders FASLA — President Landscape Architect
Larry Wacker ASLA - Vice President Landscape Architect
David Wanberg AICP - Senior Planner /Landscape Architect
/Architect
Greg Johnson RLA Senior Landscape Architect
Kelsey Johnson APA Planner
Mathew Lehnertz Landscape Designer
Dawn Nippoldt Office Manager
SUSTAINABLE SITE DESIGN
SWB is committed to sustainable site design. Our staff is a
board member of the Alliance of Sustainability and has
presented workshops and seminars throughout Minnesota
and Wisconsin on sustainable design, the Natural Step
Process, Sustainable Site Initiatives, Eco- Municipality
Planning and green site design. We have designed many
projects with rain gardens, infiltration swales, innovative
stormwater solutions, porous paving systems, green
materials and other sustainable solutions.
CERTIFICATION
Sanders Wacker Bergly, Inc. is certified as a Small Business
Enterprise (SBE) with the CERT Program in the areas of
Landscape Counseling and Planning (781), Architectural
Services (8712) and Business Consulting Services (8748) of
the Standard Industrial Classification System
• Page 6 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A. PROFESSIONAL QUALIFICATIONS
WILLIAM D. SANDERS FASLA
President /Principal Landscape Architect
REGISTRATION
Landscape Architect, Minnesota #12335 - 1977
EDUCATION
Iowa State University B.S. Landscape Architecture 1965
University of Minnesota - Guest Lecturer and Critic
WORK EXPERIENCE
1979 - Present Sanders Wacker Bergly, Inc.
Sanders and Associates, Inc.
Principal Landscape Architect responsible for all phases
of project design and management.
1973 —1979 Department of Planning and
Economic Development of the City of
St. Paul
Principal Designer responsible for project design and
construction, design review and development coordina-
tion.
1967 - 1973 Housing and Redevelopment
Authority of the City of St. Paul
Principal Designer responsible for project design and
construction, urban design and design review.
1965 1967 Henniger Boggs and Rehm -
Environmental Design
Project Landscape Architect for multi - disciplinary firm
responsible for design and construction documents for
public and private projects.
ASSOCIATIONS
Fellow American Society of Landscape Architects
Professional Affiliate Minnesota Society of Architects
National Trust for Historic Preservation
Preservation Alliance of Minnesota
North Lowell Park & Pedestrian Plaza Plans
RELEVANT EXPERIENCE
Attentive Service
& Creative Solutions
Bill Sanders is President of Sanders Wacker Bergly, Inc. (SWB),
Landscape Architects and Planners, located in Saint Paul,
Minnesota. SWB is a seven (7) person office with a diversified
practice including parks and recreation design, streetscape and
transportation corridor projects, downtown planning,
comprehensive and land use planning, master planning, historic
preservation, schools, churches, cemeteries, redevelopment
planning and urban design
Downtown Parks and Plazas: Community Park /Polar Lakes Park
(White Bear Township); Capitol Mall Design Concepts and Design
Review (Saint Paul); Granite Falls Riverfront, Hastings Riverfront,
Biwabik Town Square, John Rich Park (Red Wing). Downtown
Streetscapes (Cloquet, Grand Rapids, Duluth, Worthington &
Saint James)
Master Plans /Park Systems: Minnesota State Capital
Comprehensive Plan (Saint Paul); New Scandia Comprehensive
Parks Plan; Elk River Master Park and Recreation Plan; Little
Canada Comprehensive Park and Recreation Systems Plan; Hugo
Park /Open Space System Plan; North Oaks Park /Open Space
System Plan; Chisago County Park, Trail and Open Space Plan
Neighborhood and Community Parks: Lakeview Terrace Park
(Robbinsdale); Moberg Park (Chisago City); Sculpture Park, Kohler
Meadows Park (Vadnais Heights); Wilkinson Park (North Oaks);
Spooner, Gervais Mill, Westwinds, Thunder Bay Parks (Little
Canada); Elliot, Minnehaha Parks (Minneapolis); Martin Luther
King, Palace, Oxford, El Rio Vista, Carty (Saint Paul); Thoreson,
Riverside (Estherville, IA); Sorlien (Granite Falls); Maplecrest,
Overlook, Community Center — (Maplewood); Woodland Trails,
Hillside (Elk River); Lincoln Park (Duluth)
Plazas and Malls: Minnesota State Capitol Mall and Memorials
(Korean War Memorial, Fire Fighters Memorial, Police Officers
Memorial, Wilkins Memorial, Lindbergh Memorial), Irvine Park
Neighborhood Plaza, Seventh Place Mall (Saint Paul); Veterans
Memorial (Cloquet); Downtown Plaza (New Brighton);
Downtown Plaza (Red Wing); Minnehaha Park Plaza, Lake Harriet
Bandshell (Minneapolis)
Urban Parks /Plazas: Charles Lindbergh Sculpture Court (Capitol
Mall); Irvine Park, Seventh Place Mall (St. Paul); Town Square Park
(Watertown); Footbridge Plaza (Granite Falls); Lake Harriet
Bandstand and Refectory, Minnehaha Park (Minneapolis)
• Page 7 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A. PROFESSIONAL QUALIFICATIONS
LARRY L. WACKER ASLA
VICE PRESIDENT - LANDSCAPE ARCHITECT
REGISTRATION
Landscape Architect, Minnesota #12579 1977
EDUCATION
University of Minnesota B.S. Landscape Architecture
1973
University of Minnesota Guest Lecturer and Critic
ASSOCIATIONS
American Society of Landscape Architects
RELEVANT EXPERIENCE
Mr. Wacker has 35 years of experience in park and
recreation planning and design. Since co- founding
the firm of Sanders Wacker Bergly, Inc., in 1979, he
has served as project manager and /or project
landscape architect on numerous park and trail
planning and design projects. Mr. Wacker has
been successful working with owners and
committees in preparing design solutions that are
functional, attractive and cost efficient. Mr.
Wacker is an effective facilitator during the
planning /design process and is also skilled at
preparation of cost estimates, feasibility reports,
phasing studies and construction documents.
North Lowell Park & Pedestrian Plaza Plans
Attentive Service
& Creative Solutions
Master Planning: Fergus Falls Park Plan, Fergus Falls Community
College (Fergus Falls); Lake Elmo Park Reserve Master Plan
(Washington County); Downtown CBD (Little Falls), Railroad
Island Neighborhood; Cretin Derham Hall High School (St. Paul),
Colvill Park and Levee Park (Red Wing), Cannon Valley Trail,
Byllesby County Park (Goodhue County), Thurnbeck Park
(Wyoming), Lake Byllesby Regional Park, Spring Lake Regional
Park (Dakota County)
Park and Trail Planning and Design: Elm Creek Regional Trail
(Medina); DeLagoon Park (Fergus Falls); Barker's Alps Park
(Bayport); DeLagoon Park and Campground (Fergus Falls);
Hastings Riverfront Development (Hastings); Vermilion Trail Park,
Lake Byllesby Regional Park (Dakota County); Prairie Dawn Park
(Norwood /Young America); Mississippi West Regional Park,
Anoka County Park System Plan (Anoka County); Straight River
Park Master Plan (Owatonna); Harrison Park, Little Falls
Riverfront Park (Little Falls); Colvill Community Park, John Rich
Park, Levee Park, Levee Park 2002, Barrier Free Pottery Pond (Red
Wing) Big Island Veteran's Camp, Cannon Valley Trail Master Plan
Update, Cannon Valley Trail Head Concept Plans, Vermilion Trail
Park, Lake Byllesby Regional Park, Spring Lake Park Reserve,
Sacajawea Youth Group Campground (Dakota County); Pioneer
Park (Little Canada); Berwood Community Park (Vadnais Heights);
Lake Elmo Regional Park (Washington County)
Waterfront Park Projects: Camp Saint Croix (Hudson, W)I; Picnic
Shelters and Wabun Area at Minnehaha Park, Minnehaha Park
Landscape Planting, Minnehaha Park Master Plan, Minnehaha
Park Improvement Projects, Lake of the Isles Concept Plan
(Minneapolis); Straight River Park Master Plan (Owatonna);
Harrison Park and Riverfront Park (Little Falls); Colvill Community
Park and Levee Park, Levee Park 2002, Barrier Free Pottery Pond
(Red Wing); Hastings Riverfront Development, Levee Park
(Hastings); Master Plan For Public Use Development (Guttenberg,
IA to Mpls, MN)
Parking Lot Design: Highland Park High School, Harriet Bishop
Elementary School, Cretin Derham Hall, William Mitchell College,
Virginia Street Parking Lot, House of Hope Evangelical Church,
Cleveland Parking Lot (Saint Paul); Hill Murray High School
(Maplewood); Chippewa Middle School (North Oaks); Minnehaha
Park (Minneapolis)
• Page 8 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
A. PROFESSIONAL QUALIFICATIONS
RELEVANT EXPERIENCE
SWB, Inc.
GREG JOHNSON, RLA
Senior Landscape Architect
REGISTRATION
Landscape Architect, Minnesota #24610
EDUCATION
Bachelor of Landscape Architecture with High
Distinction — University of Minnesota -1991
Associate of Arts Degree - Lakewood Community College
- 1975
WORK EXPERIENCE
1994 — Present - Sanders Wacker Bergly, Inc.
Landscape Architect working primarily as a project
designer in streetscape, park, commercial and civic
design; proficient in AutoCAD and Photoshop.
1992 - 1994 U. S. Army Corps of Engineers
Saint Paul District
Landscape Architect working in areas of project
and planting design, master planning, recreation
and visual impact studies, computer photo -
simulation graphics.
AWARDS
Special Merit Award
St. Paul Flood Control Project - 1993 U. S. Army COE
Honor Award
American Society of Landscape Architects 1991
North Lowell Park (Si. Pedestrian Plaza Plans
Attentive Service
& Creative Solutions
Parks and Recreation: Sterling Oaks Park, Sunset Ridge
Park, Maplecrest Park, Kohlman Lake Overlook Park
(Maplewood, MN); Community Park West, Berwood Park
(Vadnais Heights, MN); Polar Lakes Park (White Bear
Township, MN); Rice Creek Park (Shoreview, MN); Gervais
Lake County Park, Tony Schmidt Park (Ramsey County);
Barker's Alps Park, Lakeside Park (Bayport, MN); Pioneer
Park, Spooner Park (Little Canada, MN); Lakeside Park
(Forest Lake, MN)
Historical Preservation: Fort Ridgely Trails, Oliver Kelley
Farm (Elk River, MN); Lower Sioux Agency (Redwood Falls,
MN); Birch Coulee Battlefield (Morton, MN); Lac Qui Parle
Mission (Watson, MN); North West Company Fur Post (Pine
City, MN); Traverse des Sioux Historic Site (St. Peter, MN)
Trails: Walter Street Trail (Maplewood /Little Canada); Little
Canada Trail System (Little Canada); Straight River Trail
(Owatonna); Oliver Kelley Farm (Elk River); Birch Coulee
Battlefield (Morton); Lac Qui Parle Mission (Watson); North
West Company Fur Post (Pine City); Traverse des Sioux
Historic Site (Saint Peter); Fort Ridgely (Fairfax).
Memorials: Paul and Sheila Wellstone Memorial (Eveleth)
• Page 9 • November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
North Lowell Park & Pedestrian Plaza Plans
Firm Description
Founded in 1938 in Green Bay, Wisconsin, Foth offers a
tradition of personalized service and smart solutions to
government, industrial and commercial clients. Our firm
provides expertise in environmental, industrial and
infrastructure consulting and engineering. Multiple office
locations allow us to serve clients throughout the United
States in a timely and cost - effective manner. Professional
publications consistently rank Foth among the nation's top
engineering consulting firms. Clients also rank Foth at the
top: each year more than 85% of our business comes from
repeat clients, and in 2008, Foth had another record year
for client retention, with 100% returning clients.
Foth Companies is organized as a series of Limited Liability
Corporations under the corporate parent Foth & Van Dyke
and Associates. Foth has over 700 employees in offices in
Minnesota, Wisconsin, Iowa, Illinois, Pennsylvania, Missouri,
Kansas, Florida, New Jersey, and South Dakota.
Foth's St. Paul office, with a staff of 85 professionals,
opened 30 years ago. Foth continues to provide
engineering services to clients in the Twin Cities
Metropolitan area, including the MCES, Mn /DOT, St. Louis
Park, Minneapolis, and Roseville.
Page 10 • November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
Thomas J. Madigan, P.E.
Principal -in- Charge - Foth
Tom has been on staff for the City of Columbia Heights, Minnesota as assistant city
engineer and has acted as director of engineering for the City of Waseca, Minnesota.
In his role as director of engineering, he was responsible for the airport, street
department, park department, water park, building department, and in -house
engineering. Mr. Madigan has acted as consultant city engineer for the cities of
Waseca; Rockford; Oak Grove; St. Anthony Village; Corcoran; Loretto; and
Mahtomedi, Minnesota and was the state aid engineer for many of those
communities. Tom has completed a number of downtown road improvement
projects and has interfaced with MNDOT for crossing permits over the years.
Education Bachelor in Civil Engineering, University of Minnesota, 1978
Masters in Business Administration, University of St. Thomas, 1987
Relevant Experience
• Parking Ramp, Northwestern College and Radio, Arden
Hills /Roseville, MN. Provided the design and civil project management
for the construction of a new access road through the campus to serve a new
parking ramp. Work included pedestrian trails and a road underpass,
extensive landscaping, 1600 lineal feet of new road, grading and utilities to
support the new ramp, and stormwater management.
• Parking Lot Expansions, Blue Cross Blue Shield of Minnesota, Eagan,
MN. Provided civil design and construction administration for the
reconstruction of the 1300 stall Yankee North Parking lot and the
construction of a new 600 stall lot across the street. Work included the
reconstruction of existing retaining walls, a stormwater retention pond, trail
improvements, grading, stormwater piping, and paving.
• Central Avenue Downtown Improvements, Columbia Heights, MN.
Coordinated the upgrade of Central Avenue from 39th Avenue N.E. to 42'
Avenue N.E. Work involved extensive coordination with MNDOT along
with permits for upgraded pedestrian crossings that included pavers. The
east side of Central Avenue was improved with new streetscape features
including new lighting. Work was done with Sanders, Wacker, Bergly, Inc.
• 37th Avenue N.E. Street Reconstruction, Columbia
Heights /Minneapolis, MN. Completed the design and construction
administration for one mile of M.S.A.S. street reconstruction as a joint
project with the City of Minneapolis. Work involved permitting approval
from MNDOT for State T.H. 47 and 65.
North Lowell Park & Pedestrian Plaza Plans
* Page 11 November 8, 2010
T Macligan amid.
A. PROFESSIONAL QUALIFICATIONS
• Reservoir Boulevard and 46th Avenue Construction, Columbia
Heights, MN. Provided design, construction observation and
administration for the construction and reconstruction of one mile of
municipal state aid street. Work included the bridging over an existing
demolition landfill, grading, curb and gutter, new civil utilities, and paving.
Special care was needed to work around a series of large diameter City of
Minneapolis potable water pipes ranging in size from 96 -inch to 48 -inch
diameter.
• C.S.A.H. 2. 360th Avenue Reconstruction from T.H. 14 to CR27, City of
Waseca, MN. Provided design and construction administration for the
reconstruction to one mile of a concrete section of road. Work included a
MNDOT permit for connection to State T.H. 14. Project was done as a city
project.
• C.S.A.H. 50 Hamline Avenue Reconstruction from County Road B to
Larpenteur Avenue, Ramsey County, Roseville /Falcon Heights, MN.
Provided design and construction services for the reconstruction to CS.A.H
standards for two miles of county road. Work involved obtaining temporary
and permanent construction easements, widening of the existing road,
reconstruction of driveways, intersection improvements, improvements to a
storm pond lift station, grading, utility improvements, curb and gutter,
landscaping, and paving.
• Sullivan Lake Park Improvements, Columbia Heights, MN. Design
and construction services for a new park around Sullivan Lake. Work
included a new park shelter building with bathrooms, grading, tennis courts,
and trails with pedestrian bridge, retaining walls, storm outlet concrete
headwall, parking lot and drive access, and landscaping.
Additional Education /Training
Certification for Design of Stormwater Pollution Prevention Plans (SWPPP)
North Lowell Park & Pedestrian Plaza Plans
• Page 12 • November 8, 2010
Education
Relevant Experience
A. PROFESSIONAL QUALIFICATIONS
Dennis M. Postler, P.E.
Project Manager - Foth
Dennis's general responsibilities include: Managing /designing public capital
improvement projects, attending Council and staff meetings, managing and
reviewing developer's subdivision, commercial, and business park concept plans,
land divisions, and construction plans on behalf of municipalities. He also manages
sanitary sewer, water main and storm sewer utilities consisting of sewer and water
main master planning, design, special assessments, and construction management.
Dennis has served as consulting city engineer for the cities of Oak Park Heights, MN
and Hudson, WI. With his work in Oak Park Heights and South St. Paul, Dennis
has worked closely with MNDOT and has been involved in permit approvals for
utility, pedestrian, roadway improvements. He rounds out his experience with
roadway, trail and parks improvement projects.
Bachelor of Civil Engineering, University of Minnesota — 1987
• Concord Gateway Area Streetscape Improvements, City of South St. Paul,
Minnesota. Project manager for reconstruction of half -mile of urban roadway
which serves as the "Gateway' to the City. This was a county state -aid highway,
requiring review and approval by Dakota County and MNDOT for geometric
layout and pedestrian access /crossings. The primary scope of the project was to
reduce the four -lane roadway to 2 lanes by incorporating additional on- street
parking, bike lanes, and landscaped medians and boulevards. The design of this
project included street boulevard/median landscaping design, city hall entrance
landscaping, geometric roadway design, street lighting, and construction survey
staking.
• 2008 Parks & Trails Improvements, City of Oak Park Heights, Minnesota.
Project manager for the design and construction of 2,000' of miscellaneous city
park bituminous trails. Project improvements also included a concrete surface
inside the existing boards of an outdoor hockey rink, an additional new concrete
surface for a pleasure skating rink, and reconstruction of two existing tennis
courts and all appurtenant structures. The design included geometric trail design,
easement descriptions and acquisition, hockey rink and tennis court design to
industry standards, and construction administration/observation.
• First Street Parking Improvements, City of Hudson, Wisconsin. Project
manager for new construction of approximately 50 diagonal parking stalls on
First Street adjacent to the City's Lakefront Park. This area of the park hosts the
city's band shell and serves as the primary location for the City's annual Booster
Days. Design of this project included street widening to accommodate the
diagonal parking, large gravity block retaining walls with stairs and decorative
handrails, pathway and park lighting relocations, storm sewer redesign, water
main redesign, and construction administration/observation.
North Lowell Park & Pedestrian Plaza Plans
• Page 13 e November 8, 2010
D. Pastler amtd
A. PROFESSIONAL QUALIFICATIONS
• 11th Avenue Northwest, Waseca, Minnesota. Project manager for new
construction and reconstruction of a 1.2 mile urban, four -lane roadway. This
was a state -aid designed roadway, requiring MnDOT review and approval for
geometric layout and contributing storm sewer drainage areas. Design of this
project included geometric roadway design, street lighting, storm sewer design,
water main design, trunk sanitary sewer and lift station design, pathway design,
right -of -way design and acquisition, and construction
administration/observation.
• 2005 Trail & Lighting Improvements, City of Oak Park Heights,
Minnesota. Project manager for the design and construction of approximately
1/3 mile of a bituminous trail and 1/3 mile of concrete sidewalk, both adjacent
to Kohl's retail center, and street intersection lighting along 58th Street North.
The design included geometric trail design, pedestrian ramps and crossings, street
lighting design and power supply, and construction administration/observation.
• Lakefront Park Pathway Improvements, City of Hudson, Wisconsin.
Project manager for the design and construction of approximately 3/4 mile of a
bituminous trail in the northern portion of the City's Lakefront Park along the
St. Croix River. Permitting & approval was required from the WisDNR due to
the proximity to the St. Croix River. The design included geometric trail design,
trail lighting design and power supply, grading /fill, and construction
administration/observation.
• State Highway 35 and Coons Hill Park Pathway Improvements, City of
Hudson, Wisconsin. Project manager for the design and construction of
approximately 1.5 miles of two bituminous trails, one adjacent to State Highway
35, and one through Coons Hill Park connecting to existing pathways at Vine
Street and Wisconsin Street. Permitting & approval was required from WisDOT
for the trail adjacent to S.H. 35. The design included geometric trail design,
pedestrian ramps and crossings, retaining wall design, grading /fill, and
construction administration/observation.
North Lowell Park & Pedestrian Plaza Plans
• Page 14 • November 8, 2010
Education
h
PROFESSIONAL QUALIFICATIONS
Karen Erickson, P.E., LEED AP
Lead Civil Engineer - Foth
Karen has worked in the government, commercial and industrial markets. She has
managed projects from inception through budgeting, design, and construction
management. Her general responsibilities include: managing and designing public
capital improvement projects, attending council, planning commission, public works
committee, and staff meetings, managing and reviewing developer's subdivision,
commercial, and business park concept plans.
B.A., Physics, Hamline University, 1987
M.S., Civil Engineering, University of Minnesota, 1993
Municipal Projects Experience
• Nova Scotia Avenue and Norwich Avenue, Oak Park Heights, Minnesota.
Project manager and design engineer for the design and construction of a new 3-
lane roadway from 60th Street North (State Highway 36 frontage road) to 58th
Street North. The project involved coordination and permitting from MnDOT
and the local watershed district, design of sanitary sewer, trunk water main, storm
sewer, bituminous pathways, street lighting, signing & striping, private utility
relocation and erosion and sediment control and NPDES permitting.
• 2007 Trail Improvements, City of Oak Park Heights, Minnesota. Project
manager for the design and construction of approximately' /z mile of two city
bituminous trails, one through a heavily wooded area, and one adjacent to a 2-
lane rural roadway to improve pedestrian safety. The design included geometric
trail design, pedestrian ramps and crossings, storm sewer design/relocation, and
construction administration/observation.
• Metro Transit Twin Lake Parking Structure, Roseville, Minnesota. Site
civil engineer responsible for site grading, utilities and stormwater management
to meet Minnesota B3 requirements. The parking ramp is a multi -level structure
with 460 parking spaces. In addition, the project included a public roadway from
County Road C to Mount Ridge.
• Wabun Picnic Area in Minnehaha Park, Minneapolis, Minnesota. This
project was the design of a wading pool, roadway and parking lot. Project
responsibilities included design of the sanitary sewer, water main, storm sewer,
porous concrete pavement and permeable pavers for the parking lot.
• Century College East Campus Parking Lot Improvements, Mahtomedi,
Minnesota. Project Manager and design engineer for the rehabilitation and
reconstruction of a 700 stall parking lot on the east campus of Century College.
The project has low impact design including rainwater gardens and porous
bituminous pavement.
North Lowell Park & Pedestrian Plaza Plans
• Page 15 . November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
Molly Long, P.E.
Lead Traffic Engineer - Foth
Molly has over 10 years of experience in transportation engineering, including speed,
gap, pedestrian and traffic studies; capacity and operational analysis; fiber optic
planning, design, and construction; signal planning, design, and retiming; traffic
signing and pavement marking; maintenance of traffic and construction staging; and
functional geometric design. She also has experience working with various traffic
micro- simulation models, and preparing funding applications. For six of her years of
experience, Molly was involved in traffic modeling, ITS, and route diversion impacts
during the I -235 reconstruction for the Iowa DOT and City of Des Moines.
Education M.S. Civil Engineering, Iowa State University, 2000
B.S. Civil Engineering, Iowa State University, 1998
Relevant Experience
• Pioneer Campus Study, Pioneer Hi -Bred International, Johnston, Iowa.
Analysis of internal and external vehicular and pedestrian traffic, accident
analysis, and capacity analysis. Evaluation of alternatives for pedestrian crossings
and flow within the campus. Evaluation of geometric improvements to current
site operations. Two reports produced: a memorandum of an evaluation of
pedestrian traffic and design alternatives to accommodation pedestrian flow, and
a final report with campus recommendations for pedestrians and vehicles.
• NW 62nd Ave Pedestrian Activated Flashing Beacon Crosswalk Signal,
Pioneer Hi -Bred International, Johnston, Iowa. Design of preliminary and
final plans and specifications for the flashing beacon signal system. Included
contract documents, beacon operation design, and construction inspection.
• School Crossing Studies, City of Johnston & Johnston Community School
District, Johnston, Iowa. Analysis of pedestrian crossings at Beaver Creek
Elementary and Horizon Elementary. Performed gap studies, vehicle speed
study, and pedestrian counts. Evaluation of signal warrants for school crossings.
Recommendations based on data collection, field observations, and safety
considerations for pedestrians.
• Rockwell Collins Traffic Impact Study, Rockwell Collins & City of Cedar
Rapids, Iowa. Analysis of existing and future corridor traffic operations, future
traffic projections of proposed site generated traffic, trip generation and
distribution, accident analysis, traffic signal warrant analysis, capacity analysis and
evaluation of alternatives incorporating bike /recreational facilities, pedestrian
traffic, and driveway consolidation/closure.
North Lowell Park & Pedestrian Plaza Plans
• Page 16 • November 8, 2010
M. Long contd.
A. PROFESSIONAL QUALIFICATIONS
• Mamie Eisenhower and Story Street Corridor Study, Boone, Iowa. Analysis
of existing and future corridor traffic operations, accident analysis, traffic signal
warrant analysis, capacity analysis and evaluation of alternatives incorporating
bike /recreational facilities, pedestrian traffic, and evaluation of cross- section
alternatives.
• US6 and Gilbert Street Intersection Study, City of Iowa City, Iowa. Analysis
of existing and future corridor traffic operations, accident analysis, traffic signal
warrant analysis, capacity analysis and evaluation of alternatives incorporating
bike and recreational facilities, pedestrian traffic, and evaluation of cross - section
alternatives.
• Train Whistle Quiet Zone Implementation, City of Boone, Iowa. Followed
Federal Railroad Administration's Final Train Horn Rule to impose a 2.5 mile
Quiet Zone on the Union Pacific Railroad through Boone. Designed
improvements for vehicle - railroad crossings and pedestrian- railroad crossings.
Completed all paperwork for final Quiet Zone completion.
Additional Education/Training
Traffic Signal Design, Northwestern Traffic Institute, 2001
Fiber Optics 1 -2 -3, The Light Brigade, 2008
Roundabout Design Workshop, Kittleson & Associates, 2008
Leadership for Results, Foth, 2008
Integrity Selling, Foth, 2009
North Lowell Park & Pedestrian Plaza Plans
* Page 17 • November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
Matthew W. Arnold
Electrical .1)csi tear - »orh
Matt is a senior electrical Designer with over 30 years of experience in the design and
construction administration of a large variety of project types. He has ten years of
electrical design - build, estimating and project management experience. He also has
over twenty years of consulting engineering experience. Matt has worked directly
with clients such as The State of Minnesota, Cities of Minneapolis MN, St. Paul MN
and San Jose, CA, as well as the University of Minnesota.
Mr. Arnold's responsibilities include all phases of electrical design and construction
administration for electrical systems. These include exterior and interior lighting
(utilizing the latest computer software and IES data), as well as power distribution,
industrial process, fire alarm, security, access control, video surveillance and
telephone /data raceway systems.
Education: Graduate of Electrical Design
Relevant Experience:
• Arbor Lakes Site Lighting - Maple Grove, MN.
Exterior lighting design
• Grant Park Hi -Rise Condominiums - Minneapolis, MN.
Interior /exterior lighting and power distribution design.
• Solid Waste Transfer Station - Minneapolis, MN.
Interior /exterior lighting and power distribution design.
• Municipal Parking Ramp - San Jose, CA.
Interior /exterior lighting and power distribution design.
• Water Filtration Facility - Oakdale, MN.
Interior /exterior lighting and power distribution design.
• Solid Waste Transfer Station - Blaine, MN.
Interior /exterior lighting and power distribution design.
• Solid Waste Transfer Station - Fergus Falls, MN.
Interior /exterior lighting and power distribution design.
• Waste Water Treatment Facility - Maple River Junction, IA.
Exterior lighting and power distribution design.
• I -94 MN DOT Red River Weigh Station - Detroit Lakes, MN.
Interior /exterior lighting and power distribution design.
• Breakwater Marina - Oconto, WI.
Exterior lighting and power distribution design.
• Waste Water Treatment Facility - Downsville, WI.
Exterior lighting and power distribution design.
North Lowell Park & Pedestrian Plaza Plans
Page 18 : November 8, 2010
Education
Relevant Experience
A. PROFESSIONAL QUALIFICATIONS
Gary A. Bohn
CADD Technician - Foth
Gary has completed many projects within a downtown area and is familiar with all of
the things that can create conflicts and challenges to completing a project in that
setting. He has worked on both the public and private side of the business and as a
result brings a unique perspective when modifying existing roadways and utilities.
Associate in Applied Science Civil Engineering Technology, Lakeland College,
Mattoon, Illinois, 1987
• Public Work
■ Downtown Parking Lots, City of Champaign, Illinois
■ Campus town Infrastructure / Streetscape Project, City of Champaign,
Illinois
► Healey Street Basin, City of Champaign, Illinois
► Bone yard Creek Channel Improvements - First Street to Wright Street, City
of Champaign, Illinois
► Duncan Road Improvements Windsor to Kirby & Springfield to Bradley,
City of Champaign, Illinois
► North Prospect Avenue, City of Champaign, Illinois
► South First Street Improvements, Savoy, Illinois
► High Cross Road Watermain Extensions, City of Urbana, Illinois
► East Urbana Industrial Park, City of Urbana, Illinois
► Olympian Drive, City of Champaign, Illinois
• Development Projects
► Parkview Apartments, Savoy, Illinois
► Savoy Plaza, Savoy, Illinois
► South First Street Apartments, Champaign, Illinois
► Arbor Meadows, Champaign, Illinois
► Stone Creek, Urbana, Illinois
► The Lakes at Riverbed, Mahomet, Illinois
► Robeson Meadows, Champaign, Illinois
► Village at the Crossing, Champaign, Illinois
► Beranger Commons, Urbana, Illinois
► Timberline Valley, Champaign, Illinois
► O'Brien Auto Park, Urbana, Illinois
► Gateway at 5 Points, Urbana, Illinois
► North Pointe, Champaign, Illinois
Skills AUTOCAD, Civil 3 -D, Micro station
EAGLEPOINT Civil Engineering Software
North Lowell Park & Pedestrian Plaza Plans
• Page 19 a November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
We are a professional service company dedicated to achieving results for our clients. We go above and
beyond the industry standard to achieve success. If you appreciate results and quality and are not willing to
take a chance with the low bidder, we're your company.
Bruce A. Folz began the business in 1972 and since then Folz, Freeman, Erickson, Inc. has helped developers
achieve success. Our thorough understanding of the development process, attention to detail and excellent
working relationship with local communities and contractors, allows us to provide added value to every
project.
FFE, Inc. turns surveying and engineering work into understandable presentations that inspire confidence and
help speed final city and government approval process. After the approvals, we go above the industry
standard and see that our designs are implemented properly and assure a quality project for our clients. Our
entire fee for a project can often be saved through our close attention to detail, innovative design techniques
and meticulous care in construction management.
With our staff of technical and professional individuals, we offer services to meet any of your land planning,
surveying or engineering needs.
Todd A. Erickson, P.E.
Principal / Professional Engineer/ Project Manager
Folz, Freeman, Erickson, Inc.
12445 55th Street North
Lake Elmo, Minnesota 55042
Phone: 651- 439-8833
Email: tericksonJfFe- inc.com
Mr. Erickson started his career in 1993 after receiving his Bachelor of Science
degree in Civil Engineering from the University of Minnesota. He has obtained his
Professional Engineer Iicensure from both the State of Minnesota and Wisconsin. He
has extensive experience in designing roads, storm sewer, sanitary sewer, water
systems and ponds for residential, commercial and municipal projects. His
experience also includes construction management of 100+ projects upwards to
$4.5 million in size.
Married for the past 15 years, Todd is also the father of three, a licensed pilot, a
certified rescue diver, a black belt in taekwondo, an avid fisherman and he enjoys
hunting. Todd's community involvement recently included 200+ hours of
volunteering as the designer and project manager for the reconstruction of a local
11,000 s.f. playground.
North Lowell Park & Pedestrian Plaza Plans
• Page 20 November 8, 2010
A. PROFESSIONAL QUALIFICATIONS
Timothy J. Freeman, L.S.
Principal / Land Surveyor / Land Planner
Folz, Freeman, Erickson, Inc.
12445 55th Street North
Lake Elmo, Minnesota 55042
Phone: 651-439-8833
Email: ffreeman@ffe-inc.com
Mr. Freeman started his career in 1976 after following in his father's footsteps.
Shortly thereafter, he obtained his Land Surveyor Iicensure from both the State of
Minnesota and Wisconsin. He has extensive experience in the private sector of
Land Planning and Land Surveying. Mr. Freeman practices mostly in the private
development areas and is an invaluable resource for difficult zoning, surveying,
boundary and platting issues.
Craig W. Hinzman
Land Surveyor/Survey Manager
Folz, Freeman, Erickson, Inc.
12445 55th Street North
Lake Elmo, Minnesota 55042
Email: chinzman(ffe-inc.com
Phone: 651-439-8833 Ext. 205
Mr. Hinzman started his career in 1979 after receiving his degree in Land Surveying
from Nicolet Area Technical College. He has obtained his Land Surveyor Iicensure
from both the State of Minnesota and Wisconsin. Craig came to Folz, Freeman,
Erickson, Inc. from Washington County, were he was the Assistant County Surveyor.
He has extensive experience in the public and private sector of Land Surveying and
is a tremendous resource for difficult surveying, boundary and platting issues.
North Lowell Park & Pedestrian Plaza Plans • Page 21 • November 8, 2010
COLLABORATIVE F s gn ! ggg$g$ ou
A.
Design Capabilities
Architecture
Feasibility Studies
Pre - design Studies
Architectural Design
Rehabilitation & Adaptive Re -Use
Sustainable Design
Specifications
Code Analysis
Construction Administration
Engineering
Structural Analysis
Structural Investigations
Structural Design
Construction Review
Historic Preservation
Historic Structures Reports
Condition Assessments
Preservation Design/ Planning
HABS /HAER Documentation
Tax Credit Applications
Design Guidelines
Interior Design
Programming
Space Planning
Interior Design
Furnishings & Finish Selection
Environmental Graphics
Planning
Urban Planning
Site Evaluation & Selection
Feasibility Studies
Master Planning
Site Program Analyses
Planning & Zoning Approvals
CPTED - Crime Prevention Through
PROFESSIONAL QUALIFICATIONS
North Lowell Park & Pedestrian Plaza Plans
Creative Thinking. Thoughtful Solutions.
Creative problem solving is what our profession is all about. While the
employees at CDG challenge all team members to think creatively to
develop interesting and exciting designs, we realize that creativity does not
always satisfy all requirements. Our team understands that the most
important component of problem solving is thinking about how to
combine a creative design with functionality, affordability, practicality,
and efficiency. Creative thinking and thoughtful solutions will make your
project successful.
Collaborative Design Group is a name carefully considered to reflect our
fundamental belief that the design process is a collaborative effort, with
our clients as integral members of the project team. We believe that the
success of your project is dependent on the knowledge and resources of
many groups of people. It is our goal to assemble the most appropriate
and talented individuals to meet your specific needs. Our dedicated
professionals are located in the historic milling district on the banks of the
Mississippi River in Minneapolis.
> <7r is that we provide a truly collaborative
approach to the modification of existing buildings. We seamlessly blend
our in -house disciplines of Architecture, Interior Design, Structural
Engineering and Historic Preservation to develop sound and energized
design solutions. Self- performing this full scope of services brings
significant added value during both design and construction.
Our Team provides the following services:
Building Investigation & Building Pathology — condition
assessment of the envelope and structural elements with
identification of issues and areas of concern.
Forensic Investigation — understand why the problems have
occurred and how they might get fixed. This is a key exercise in
maintaining the long term health of a building by finding the
root cause of any problem
Preservation and Restoration Planning — develop appropriate
repair techniques that mitigate the root cause and the symptom
of the problems that may be occurring
Structural Analysis of new and existing elements
Structural Investigations & Evaluations & Structural Design
Historic Preservation and Architecture
• Page 22 a November 8, 2010
COLLABORATIVE lies
BACKGROUND
EDUCATION
REGISTRATION
RELEVANT EXPERIENCE
Historic Restoration
A. PROFESSIONAL QUALIFICATIONS
WILLIAM D. HICKEY, AIA, LEED® -AP
PRINCIPAL
Mr. Hickey has considerable expertise in the programming, design, and project management
of Historic Preservation Projects. Bill Hickey is an award - winning designer whose work in
Design, Adaptive Reuse and Preservation, Interior Design, and Planning for public and
private sector clients has been widely recognized. He is a president and a founding principal
of Minneapolis -based Collaborative Design Group, Inc. Bill is noted for his constant
"outcome based" focus, an acute understanding that buildings are instruments of service as
well as aesthetic concerns. The design process he leads is interactive, participative, and
enjoyable — based on the belief that the collaborative process of creating a building should
be an engaging and happy one.
In addition to his design and management duties, he serves as CDG's Sustainability
Coordinator. In this capacity, he guides the firm's work to meet the highest sustainability
and performance goals. Bill also blends modern sustainability standards with the firm's
longstanding commitment to Preservation - one of the most fundamental forms of
sustainability. Bill holds a Bachelor of Architecture and a Bachelor of Environmental Design,
both from the University of Minnesota, where he is a frequent guest critic. Bill currently
serves as adjunct faculty for Interior Design Studio V (DHA 3605), a third year course in
Residential Design for Culturally Sensitive Populations and Universal Design Factors
Mr. Hickey meets the Secretary of the Interior's Standards for Historical Architect and
Architectural History.
Bachelor of Architecture, University of Minnesota
Bachelor of Environmental Design, University of Minnesota
Minnesota # 20111, Wisconsin, Arizona, Colorado, Texas, NCARB
Certified Interior Designer in the State of Minnesota
LEEDTM Accredited Professional
• Stillwater Public Library, Ongoing Preservation Services for 1902 Carnegie Building,
Stillwater, MN
o Alfon Jenson House, Restoration of 1920s log house, Ephraim, WI
o Armstrong House, Stabilization, Move, and Restoration/Renewal of Historic 1886
Residence, St. Paul, MN
o Commerce Building, Adaptive Reuse of Twelve- story 1911,Historic Building into
Mixed Use Building with Apartments and First Floor Commercial Space, (102,000 sf)St.
Paul, MN
o Fort Ridgely Powder Magazine - Preservation /Restoration, Minnesota Historical
Society, Fort Ridgely State Park, Fairfax, MN
o Historic Fort Snelling: Minnesota Historical Society, St. Paul, MN
o Huset School, (Cass County Historical Society, owner), preservation and restoration of
1910 log schoolhouse, Walker, MN
o Meighen House Residence Exterior /Interior Stabilization of 1888 Historic Residence
and Store, Minnesota Historical Society, Forestville State Park, Forestville, Minnesota
North Lowell Park & Pedestrian Plaza Plans • Page 23 «
November 8, 2010
CO )(
A. PROFESSIONAL QUALIFICATIONS
Adaptive Reuse
Studies And Reports
AFFILIATIONS
AWARDS
PUBLICATIONS
o Armstrong House, Stabilization, Move and Restoration/Renewal of Historic 1886
Residence, St. Paul, MN
o The Brakemeier Creamery, comprehensive building condition assessment and reuse
study, Three Rivers Park District, Minnetrista, MN
o The Baker Natural Resources Management Barn, and the Baker Schmitt House,
comprehensive building condition assessment and reuse studies, Three Rivers Park
District, Medina, MN
o Historic Anoka Amphitheater condition assessment and feasibility study, Windego Park
Society, Anoka, MN
o Collaborative Design Group Offices, remodeling of a historic industrial building into
architectural office, Minneapolis, MN
o Faribault Downtown Historic Development Guidelines, A handbook for owners of
property located within the Downtown Historic District. The guidelines answers
questions about proper improvements or repairs to their buildings including treatments
for windows and doors, awnings, signs and painted or deteriorating masonry. Faribault,
Minnesota
• Historic Fort Snelling Master Plan, Master Plan of 25 -acre historic site to create an
enhanced and expanded recreational destination, St. Paul, MN
o Stillwater Public Library, Needs Analysis and Feasibility Study for expansion of 1902
Carnegie Building, Stillwater, MN
o University of Minnesota, Nolte Center Renovation, Predesign Services for the
Renovation a Three story 34,650 square foot Historic Building, home of the University's
Institute for Advanced Studies, Minneapolis, MN
Stillwater Public Library Board of Trustees, 1996 -2006; President 2000 -2006
City of Stillwater, Parks and Open Space Task Force
IrfomxDesign Technical Review Board
University of Minnesota Interior Design Program Advisory Board
American Institute of Architects
American Institute of Architects, Minnesota Society
Jury Member, Industrial Fabric Association International Achievement Awards,
1992 - Present
JuryMember, University of Minnesota College of Architecture, Grade 3 and 4 Reviews
Armstrong House Restoration, St. Paul, MN
• Finalist - Redevelopment Under 30,000 sf, Minneapolis /St. Paul Business Journal Best
in Real Estate 2001
• St. Paul Heritage Preservation Award, 2006
• Preservation Alliance of Minnesota, 2006
The Fitzgerald Building, St. Paul, Mn
• Finalist, Redevelopment /Extensive Renovation, Small, Best in Real Estate 2005 - The
Minneapolis /St. Paul Business Journal
InforrreDesignlrrplications, "Adaptive Reuse for Multifamily Housing ", October 2007.
Technical Reviewer, FabricA rrhitecture Magazine
Cover Art and Illustrations, FabricA rrhitecture Magazine 1992 -1996
North Lowell Park & Pedestrian Plaza Plans
• Page 24 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
B. PAST INVOLVEMENT WITH SIMILAR PROJECTS
Planning and Preparing
Master Plans for Community
Parks in an Urban Setting.
History:
The SWB team places a high priority on
understanding the history of use and
development of Lowell Park and the
surrounding area. The use of historic
reference, recall and /or interpretation
could strengthen the image and character
of the site and building designs.
Stakeholders and the public process will
help determine the influence that park
history has on new designs. Early
coordination with SHPO (if required) and
local preservation commissions will be
critical to the project timeline.
Circulation:
The importance of safe and convenient
access to the site will grow as
improvements are completed and visitor
numbers increase. Pedestrian, bike and
auto access must be studied carefully.
Site Character and Esthetics:
The River and landforms provide an
extraordinary setting for the proposed park
facilities. New facilities should be designed
to protect the site features while allowing
visitors to enjoy the amenities.
North Lowell Park & Pedestrian Plaza Plans
Master Plans for Regional Parks
Agassiz Natl. Wildlife Refuge
Anoka County Parks Plan
Bicycle Facility Study
Cannon Valley Regional Trail
Camp Saint Croix /YMCA Camp
Comprehensive Park Systems Plan
Crow River Corridor Study
DeLagoon Park
Empire Park
Fort Snelling Historic Site
Irvine Park Historic District
Lake Byllesby Regional Park
Lake Elmo Park Reserve
Lake Elmo Park Reserve Master Plan
Lake Harriet Regional Park
Lake of the Isles
Lebanon Hills Regional Park
Lowell Park and Riverfront
Minnehaha Ck Corridor Plan
Minnehaha Park
Minnehaha Park — Wabun Area
Parks and Trail Systems Plan
Parks and Trail Systems Plan
Pottery Park Pond Master Plan
Prairie Dawn Park
Recreation /Open Space System
Richter Woods County Park
Souris River Corridor Study
Spring Lake Park Reserve
State Park Feasibility Study
Statewide Bicycle Survey
Tamarac National Wildlife Refuge
Tony Schmidt County Park
Upper Mississippi Recreation Sites
Theodore Wirth Park
Middle River, MN
Anoka County, MN
Rochester Olmsted Council of Governments
Goodhue Co., MN
Hudson W
Isanti Co. MN
Meeker, Hennepin, Wright Counties
Fergus Falls, MN
Dakota County, MN
Fort Snelling, MN
Saint Paul, MN
Dakota Co. MN
Washington Co. MN
Washington Co., MN
Minneapolis, MN
Minneapolis, MN
Dakota Co. MN
Stillwater, MN
Minnetonka, MN
Minneapolis, MN
Mpls. MN
Elk River, MN
Little Canada, MN
Red Wing, MN
Norwood Young America, MN
Washington Co., MN
LeSueur Co., MN
Minot, ND
Dakota County, MN
Stearns County, MN
Minnesota
Rochert, MN
Ramsey County, MN
MN — WI — IA
Minneapolis, MN
Plan
• Page 25 s November 8, 2010
Sanders ackerBergly, Inc.
EXPERIENCE — Park and Trail Planning and Design
Fhe folio mg is a representative list of SWB park and trail planning and desi ;n
r.ir eject s.
COUNTY PROJEM
Anoka County Parks Pim Anoka County, MN
f. kra;by 1 r,r 601.•,,.11t,�o County, rvlN
C.rnnon 4 -i31� }' I?t�C;r,nial Trail Cut.riirtJE County, MN
CompretKw,,ve Park .Systems Plan Isanti County, MN
lake i3yflrsl)y f << < <icsn<,l ['Auk. DaL td County, MN
take Pa; kif finny C. n Facilities Wairi.gton Co, MN
I Park Daki- a County, MN
ciervais t..rk:r County Park Rarrmcry County, MN
Pill's Lake Faribault County, MN
Richter . .)unty Park I eSueur County, MN
Schaar's 131u!# Dakota County, MN
spring Lake t'.:rrk Reserve Dakota County, MN
;rate Part. I asil:ility Study Stearns County, MN
r
1.2 y Llo f:7Ci,ity Council
C ernprehensive Park Plan Fergus Fails, MN
Diilni ii ,ri,kitT Park Plan a'1Psr., Scarstli.a. i.1N
:trt 5 !:��Il.i;1; i "r;Lciric.5it� t =C Sneiiir,r, M:
ale Harriet Re.gronal Park /Bandstand Minneapolis, MN
,likP of the Isles Regional Park Minneapolis, MN
°well Park and Riverfront Stillwater, MN
tolirrnehaaha Creek Corridor Plan Minnetonka, MN
Evlinnehaha Regional Park rv1inneapolis, MN
Park System Plan Mahtornedi, tvlty
Parks and Trail Systems Plan Elk River, MN
Parks and Trail Systems Plan Little Canada, MN
Potter,- P.rrr. frond Red Wing, ,IN
PrairirW Park rq,,,r�,,wt,o,d /Y.oungArrterica, MN
county Regional Park %Camp M.nrtha Put rs�a;�n, AV, VA
Souris Myer (..,o rickir `,rusty Minot, North Dal :ot'i
F:,;r :3r: <. asietti��r;i4 L�Jrldli _ifu;[-
Roc heft, t,AN
U. 5. arid Wil(aire Service, Projects tipper v1 iwe r
!3pp, P: <;� l ;q�i i ;r uttr.nborg_ tf.It) Mimi <>.apc' MN, '•')l, i ;:
verir ic),a I r,.0 +'sr p bw.vahik, r 1N
North Lowell Park & Pedestrian Plaza Plans
Page 26 •
November 8, 2010
BM
EXPERIENCE. — Waterfront Parks and Recreation
Ai'oka Cni:rty Rtrta Rivor
Cannon Valley Trail . Carron Falisi'R ri tr4'ir°
Cedar Side Trail -- Rice Lake WI
ClogLet MN Park are Trail System
Colvill Warm Master Plan - Red Wintry, MN
Fort Srellir, f; Master Plan
Ge rvais Lake Cou:r?V E,,,t +:.h little Canaria, MN
Granite Fall; Ovo,clock
Harriet Isl,-,rc F��;L for :�� r -;)rk Saint Pawl, N iN
Lake Byllesby Regi, ,_, ►Park.....Dakota Coe:ntyr, MN
LEak C thoun North Rcq -.:cvc opmera r. inre,aaolis. MN
Laic Ilarriet Regional C''ark
Lake of the isles Regional Park Mirrcapohs, MN
La :(, ,h-le Park --Forest Lake, MN
Levan: Park ..... Red Wing, MN
Lcvee Park ar.d Riverfror.t Rastmgs, MN
Lowell Park.ard Riverfrnnt ftillwaI, ^r, MN
Lower Sioux /MN River T =ail System
iv1aq,-.1. Plan forPLblir Developrvent
.- Gutter•bu,, IA to Mpl :, MN
Mir rehah f'.ark Pllr? . t$rt'reapclie, MN
"ear. :k Rivr?r P.Ark • %'1 ;;1e3rn, MN
Saint Louis River Park Trail System
p °f, Lake Park Reserve ..: Dakota County, MN
tit t River Park Owatoor,a MN
Tony Schmidt County Park on Like Johanna -- MN
vermiiho: -FHA Park rs =� �abik. I�4td .. ,_
North Lowell Park & Pedestrian Plaza Plans
Page 27 •
November 8, 2010
SANDERS AC ER 13 GL Y, INC.
I.(:)WEl.i., PARK AN RIVER 'R()i `i`
SI ill water, M
Prepared a Master Plm and design development documents ti }r tha
renovation of the historic Park located on the Saint ('roi\ 12iver in
1 vu t `waei, .r...h pru.j6'o IFta'iuL
a!K, il, I'+,'"iion'itiPi` =, or
na W.. :11 S_ driVC5 rg �l iSat is :.a "r'llJ
Si3 "id 7- 'Jr.,iu L
kJor7.,-13L$,.- L :r
North Lowell Park & Pedestrian Plaza Plans
s Page 28*
November 8, 2010
SANDERS I ACKER SERGI Y, IN .
,wA 1 ER (()U_ k'! HOUSE AR KING LOT
Stillwater, MN
North Lowell Park & Pedestrian Plaza Plans
• Page 29 •
November 8, 2010
sat ide rsW ackerB rgiy,Inc.
• ,„ I ■“'1.
DOWNTOWN STREETSCAPE PLAN
Red Wing, MN
SWB prepared a downtown streetscape plan for the entire central
business district.
• Colored and textured concrete paving
• Lighting
• Landscaping
• Window boxes
• Signage
• Street furnishings
• Participation of large business community
• Signal
• Integration with park and open .space projects
Client: City of Red Wing, MN
North Lowell Park & Pedestrian Plaza Plans
• Page 30.
November 8, 2010
two �aeker Batt!
2.
SEVENTH PLACE MALL
Saint Pad, MN
Sanders Wacker Ewg»inc. prepared co 7# tBndrawings a
def«. m for the dernmw connecter the Rice Park Area
ricf the N d TRH Cen :!/Town s19are Area in cfro.vntown Saint
w d The project i J b did da,cor3tve paw &;dh§r% «rte t
GmRCn7 and landscaping.
Dec paving mRenand
elm :2s
plaza
P jblic.fprivate cao pLL,ra tier,
2Q »art Window displays
dev cpmea
D&R : City o wm: Paul PEO
North Lo ll Park 61. Pedestrian Plaza Plans - Pwll•
November 8, 20 10
Sall,dC1'SWilCk01414:1-`41V,111C.
Sanders Wacker eergly, Inc. prepared a downtown pan for the
City of Forest Lake, Minnesota, The Plan included new
redevelopment of c:oro mercia I and residential properties. It also
included the Forest Lake i,.!aterfront, Lakeside Park, and
downtown parking area.3. 771,2 downtown plan was i:i:li:Jctinated
ith the study for the Lrciad,...,ay Street Corridor froi-n to the
downtown area.
Client: City of Forest Lake, Minnesota
North Lowell Park & Pedestrian Plaza Plans
Sand a • i
r .ii'I L)v,I.nc
ELUS AVENUE REDEVELOPMENT
Ashland, WI
Sanders Wacker Bergty, Inc.. prepared plans for the redevelopment of Ellis
Avenue and an adiacent abandoned railroad yard in the downtown area of
Ashland, Wisconsin. in additio , SWB coordinated urban design plans and
design gurde�iines For in -fill commercial and office de'..e lopment �ell as
prepared plans for the- streetscape improvements and r) new city park. As
part,af the >t,eetscar:? plan, SWB prepared detail de,.,1.Q.as for streetscape
c? +_rr�rttS inck:dingsidEv al } -.s. landscapiitig, ;gr1as , street
furnishings, and entry r uments.
Client: City of Ashland, Wisconsin
North Lowell Park & Pedestrian Plaza Plans • Page 33 •
November 8, 2010
North Lowell Park & Pedestrian Plaza Plans
STREETSCAPE ELEMENTS
Edina, MN
- enders ts+ark.er Bergly, Inc. designed streets ape c:fcsnentc, for
?r�rnero = p,c1pertywithin the City of Edina. The stor,wwork and
in this District; inciud iT the line t 3ne wail•;,
ve thrs -;Foot the ",'ay of Edna to cr.: :mte
and
Page 34 •
November 8, 2010
Sa dc'! °> 'ack &'r[3e
4•11,..t rppy����giqV
y4i•RA Pia
atSfi• f. iY.k KV
DOWNTOWN STREETSCAPE IMPROVEMENTS
Grand Rapids, MN
ganders Wacker Bergey, Inc, r..repared a Master .Fan and drawings as 'w i a.s site
specifications For the first phas of construction for the Grand Rapids
Downtown area. The proposed design elements indoded a parking ?ot,.street'
and sidewali: improvements, street furniture, lighting, and landscaping,
This Plan had an e-riphasis on maintaining and creating ample packing in the
Downtown District,1rnpiernenting decorative sidewalk surfacing treatments,
and creating a unified sense of place through the use wrought iron details on
f_rrniture, lighting and sign elements, as well as the use of art and sculpture
Throughout.
North Lowell Park & Pedestrian Plaza Plans
• Page 35 * November 8, 2010
SandersWad\ °Ber- „;lv >,1nc.
STREETSCAPE ELEMENTS
New Brighton, MN
Sanders Wacker Bergey, Inc. designed streetscape elements for a
new development district within the City of New Brighton,
Minnesota. The architectural character of the district and the
designed streetscape elements became a cohesive identify for
the District.
North Lowell Park & Pedestrian Plaza Plans
• Page 36
November 8, 2010
Sander- WiekerBergl ?,1I.J.,:.
North Lowell Park & Pedestrian Plaza Plans
STREETSCAPE AND DOWNTOWN
REVITALIZATION
Granite Falls, MN
Sanders Wacker Bergly, Inc. developed a theme and design
concept for the revitalization of the downtown business
district. SWB also provided facade studies and analysis of the
existing commercial structures. By conducting this study, SWB
was able to provide design and construction documents for
two major pedestrian plazas adjacent to the river in the
downtown area. Additional design dements included in the
downtown streetscape were paving, lighting, landscaping,
and street furnishings.
major focus of this design incorporated the re -use of bridge.
railings, as well as promoting the connections to the
Minnesota River. Decorative paving patterns and materials
were also used to help define the area. Historic furnishings in
the lighting, benches: trash receptacles, awnings, and others
were extremely important in this design.
• Page 37
November 8, 2010
SandersWacker t rgly,�nc.
MINNEHAHA PARK RENOVATION PLAN
Minneapolis, Minnesota
Prepared ,T rv'.;star Plan for the roc oration of Minnehaha Park and dcveieaped <_1r
a5.:T1ta d Ir. the prep ;t' ,1 ..,t of C. rtstrection ,fir o,,, eats for nine ( ) plaa,;?s of
inipr' vernp valua -r t 512 rtullion, The prop ;s, included picnic traik,
order,., andscaping_, street realignment, parking lots, s( e =lc. ov_I °oaks, storrrRvate
;Management arn' protection of natural resources.
The c.iitrc nt pit rtK area renovation pro se: t rock ; :_.s parking_ Iot•,,
roads, pa':hs, picnic sh ,_Ite °s, w ding pool, storm sewer, iar,itary ae°.ver, water
r,l s'uI ntwater m5fil = =-lent. Der : efforts Include study of •r -bust`
I- i1.;:'. ,4t �= t?tent i�(Vt{'• “1.0,..ida q!, per- v.()]liS paving, rain gardens. bass `rs, etc.
coordinating with the adjacent Minneapolis Verp;,:,is Horne in the des f�n of
iitar L1(l p. rkr"fi, path connections, ADA compliance anti i,Iri,t'"rS)Ing,
Unique
Total P=oiecrJ=d Cost; 51.3 Milllora
eat�lres
Historic "Minneharra Fa1is`
Rivet Diq
e of Mr =1.or Festiva,.
ftstoor Gardens
North Lowell Park & Pedestrian Plaza Plans • Page 38 •
1*
November 8, 2010
r
`i1id t,,, ack rlicrgty. !
MINNEHAHA PARK LANDSCAPE ELEMENTS
Minneapolis, Minnesota
Design Influences:
Fi; _,t rsa' -iii Charoct,r
Art, ,rrie
North Lowell Park & Pedestrian Plaza Plans • Page 39 s
November 8, 2010
rsWackerBergly, Inc.
MINNEHAHA PARK - WABUN PICNIC AREA ELEMENTS
Minneapolis MN
North Lowell Park & Pedestrian Plaza Plans
0 Page 40 «
November 8, 2010
LAKE OF THE ISLES REGIONAL PARK
Minneapolis, Minnesota
P re:a =l ,2. that
i,rnrnu3nity *r r..... uu; stab§lizrit:<ar, Improverr.ent:, ian
nci in-. d,°K.!adir7 . We nave prepared
construction d merits b :-r„ on _ ?e initial is,er f.��iai': fGi ,,even {7) site
irnnpr tt_ nerit prof .:t There Y' « i5 on remit ) airocied it id.
=me ,' .i . § f t'1 iife habitat snd rnp a w= ter
5 t;� I ,; ,;ert 1 0,1 €rnp cv. n. m include irn arc v'ir r.in eric ffiE =a:�at
ling canoe acces s, realigning and add -.,;,, tr -atis and enhancing picnic
The ,a b : l i t .. dnd (.3r; j7e _ e..ir rp,z, ?'riwtizrfc c-l`- ricter of
L,3rk nd c._npi,rn n;t-
Unique Features,
3,53 nr. i=., of st. . e ir;i
"tiff 10r1 Vi1f„n. - -_ •f'c
North Lowell Park & Pedestrian Plaza Plans
E s�
• A
• Page 41 • November 8, 2010
iandersWackerB( v, nc.
DOWNTOWN STREETSCAPE PLAN
Spencer, IA
Lc, •••: ..-••
■11 1.-,11 I
SWB prepared a downtown streetscape plan for the
We worked closely with both the City and the project corn k.€) create a
product that was sensitive to the historic architecture of downtown Spencer.
• The downtown area of historic Spencer hods many Art Deco era
butHings
• Cretc.d an entry si 1ee mjr 1,horughf.:4r that tie into
he des iffi principles of the central busiriss
• Worked closely with the Iowa Department ai Transportation on the
production of corwept drawings for proposed bridge sr,'irinir,F, the
Cedar River on t he south side of the CPO.
• Designed custom lighting and pavinr, ;),,itterns that Efet ihe
character of Downtown Spencer,
North Lowell Park & Pedestrian Plaza Plans • Page 42 *
November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
B.
2 Experience Working with
Public - Citizen Groups and
Planning Projects
SWB serves a large number of public clients,
with most projects involving extensive
participation by public/citizen groups. The
following are representative of our
experience:
Minnehaha Park Master Plan - The
Minnehaha Park project involved a nine
month citizen participation process working
closely with 42 member Citizen Advisory
Committee.
Lowell Park and Riverfront - The Stillwater
Riverfront park master planning projects
involved a six month citizen participation
process with the Downtown Plan Action
Committee, the Heritage Preservation
Commission, the Port Authority, the
Planning Commission, the Park Commission,
the City Council, citizens -at -large and the
Lower St. Croix Management Commission
which includes agencies from both
Wisconsin and Minnesota.
Upper Mississippi Master Plan - The Master
Plan for Public Use Development for the
Upper Mississippi River called for the
presentation of the master plan and
documentation of public participation at
numerous public meetings with counties,
cities and agencies in Iowa, Minnesota and
Wisconsin.
Capital Area Architectural and Planning
Board - Service as landscape architectural
consultant to the CAAPB has involved a
number of large projects which we have
worked with the public, State agencies,
legislature, city and neighborhood
organizations.
Lake of the Isles Master Plan - The Lake of
the Isles project involved working closely
with both a Citizens Advisory Committee
and a Technical Advisory Committee.
Involvement included various
neighborhoods, public agencies, city
departments, Metropolitan Council and
State Legislature
Attentive Service
& Creative Solutions
PAST INVOLVEMENT WITH SIMILAR PROJECTS
North Lowell Park & Pedestrian Plaza Plans
OBTAINING CITIZEN INPUT
The success of Stillwater's planning process depends on its acceptance and
support by the community. Broad and meaningful community participation
throughout the planning process will ensure that the Plan addresses the
needs and desires of the community. It will also foster community
ownership and support for the Plan's policies and implementation measures.
Our general approach to public participation includes the following steps.
We will work closely with the City Council, Park Board, City staff, residents
and other stakeholders to develop a detailed public participation plan that
works best for the City.
1. Establish Communication with the Community. Effective and
meaningful communication provides a forum for all to listen, share,
and learn throughout the entire planning process. We propose to
establish communication with the community through a variety of
means including the following:
• Work Closely with the Stakeholders. We will work closely
with the stakeholders throughout the planning process to
address the detailed aspects of the Plan. We will schedule
meetings as necessary to ensure that the Plan and the
planning process are consistent with the needs and desires
of the community.
• Conduct Key People Interviews. We will interview key
representatives with organizations from which it may
otherwise be difficult to gain input. Examples may include
Superintendent of Schools, County Engineer, County
Administrator, etc.
• City Council and Commission Updates. At key times during
the planning process, we will assist City Staff in preparing
written and /or oral updates of the planning process to the
City Council and pertinent boards and commissions.
• City Newsletter. Two to three times throughout the
planning process, we propose to assist the City in writing
articles for a newsletter or other local periodical to describe
planning activities.
• Page 43 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
B. PAST INVOLVEMENT WITH SIMILAR PROJECTS
Public Meetings /Open Houses. We propose to conduct two
open houses. The first open house would provide a chance
for the public to review and refine the draft system
inventory /analysis and the draft vision. The second open
house would provide an opportunity for the public to
provide input on the draft Plan. We will organize workshops
and exercises so that residents can provide meaningful
feedback, rather than simply reviewing the work.
• Community Displays. We will work with the City to prepare
community displays of key aspects of the work.
• Web Site. We will work with the City to place all milestone
documents on the City's or SWB's web site.
• Other Media Outlets. Working with the City, we will
promote the planning process via newspaper coverage,
cable television coverage, and /or other possible media
outlets.
2. Identify the Community's Vision. It is imperative that the
community's vision have broad -based support. Although we will put
the draft vision into words, the community will express its vision to
us through a variety of means including the following:
• Task Force and Focus Groups and Key Interviews. We will
conduct organized exercises and interviews to get a rough
idea of the community's vision for parks, open space, and
facilities.
• Public Meeting /Open House. We will review a draft vision
with residents at a public meeting /community open house.
We will also facilitate an exercise for residents to confirm or
refine the draft vision.
North Lowell Park & Pedestrian Plaza Plans
• Page 44 •
November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
B. PAST INVOLVEMENT WITH SIMILAR PROJECTS
3 Familiarity with Study Area
Attentive Service
& Creative Solutions
Partial list of previous work by the
SWB Team in the Stillwater area:
• Lowell Park — Levee Wall
• Lowell Park - Mulberry Point
• Lowell Park (2000)
• Lowell Park Master Plan
• City of Stillwater — DNR Grant
• City of Stillwater — Signage
• Highway 36, Parallel Parking
Expansion Project for the City of
Stillwater
• Historic Courthouse Parking Areas
• Aiple Park
• Kolliner Park
• Lakeview Hospital Parking and
Building Additions
• MnDOT Historic Overlooks
• Stillwater Library Expansion Project
• Stillwater School District Projects
• USPS —Stillwater Branch
North Lowell Park & Pedestrian Plaza Plans
The SWB Team Members have been assembled based on their knowledge of
the area, work on similar projects, and availability to devote the time
required to meet the City's requested schedule.
SWB looks forward to having the opportunity to continue our work and our
staff is well qualified to provide the services requested by the City of
Stillwater. SWB has been a leading consulting firm in park planning and
design for over 30 years, providing outstanding service and creative solutions
for a wide range of projects. We have had a successful working relationship
with the City of Stillwater for many years. In the early 1990's we completed
the Lower Park Master Plan. In subsequent years we were fortunate to have
assisted with updates and implementation as phased improvements were
completed.
Sanders Wacker Bergly, has worked with MnDOT on streetscape projects
that occur in highway right -of -ways throughout the State. Some of these
projects include: Downtown Projects in Forest Lake, Cloquet, Duluth, Grand
Rapids, Cambridge, Princeton, Worthington, Pipestone, Granite Falls, Park
Rapids and Red Wing.
Foth Staff has worked with MNDOT for many years on downtown pedestrian
related projects. Projects included 11th Avenue Street improvements at
T.H. 13 in Waseca, Minnesota; T.H. 14 Realignment, Waseca, Minnesota;
Concord Area Gateway Improvements, South St. Paul, Minnesota; Columbia
Heights Downtown Streetscape improvements between 39th Avenue N.E.
and 42nd Avenue N.E. along T.H. 65; and 37th Avenue N.E. Improvements at
T.H. 65 and T.H. 47 in Columbia Heights, Minnesota. These projects involved
modifications to pedestrian movements and /or roadway and utility
modifications. Foth Staff worked closely with MNDOT to assure that City and
State design requirements were merged together for a successful project.
When differences arose, our relationship with MNDOT allowed us to
arbitrate a solution that all parties could accept. An example of that
surfaced recently when MNDOT and MCES asked Foth to intervene to
negotiate an agreement for utility access for MCES along the T.H. 610
roadway for their Elm Creek Interceptor. Foth staff has worked with many of
the top officials in each agency and those personal relationships helped Foth
negotiate agreeable changes to a number of disputed terms within the
agreement that ultimately brought the two parties together.
In addition, Dennis Postler and Karen Erickson have worked for years for the
neighboring community of Oak Park Heights. As such, they are familiar with
and have established a working relationship with MNDOT staff at the
planning, operation, and construction levels that support this area. Dennis
and Karen have also worked with the Army Corp of Engineers regarding
issues and permitting alone the St. Croix River. In addition, Foth Staff have
applied for and received permit approvals from the Corp for projects along
the Mississippi River.
* Page 45 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
C. PLANNING APPROACH/WORK PROGRAM
T he Sanders Wacker Bergly, Inc. Team is excited
about the possibility of assisting the City of
Stillwater in the preparation of the North Lowell
Park /Pedestrian Plaza Master Plan and Pedestrian
Plaza Construction Plans.
SWB has provided planning and design services to the
City of Stillwater for both Lowell Park and the pedestrian
plaza connection to Main Street. We have an excellent
understanding of the history, context and site conditions
for these projects. We understand the objectives, the
challenges and the opportunities and we are excited
about the potential to work closely with the City on the
project.
Our basic approach to a successfully project:
Communication: SWB will establish a clear and open
line of communication with the City, residents and other
stakeholders. Serving the client and exceeding their
expectations would be a high priority.
Participation: SWB recognizes that the ultimate success
of the project will depend on the acceptance and
support of the community. We would have an open and
dynamic public participation process that will clearly
represent the vision and the needs of the community.
Sustainable Design: The SWB Team will work to uphold
and enhance the integrity of ecologically sensitive areas,
while improving the ability of the landscape to
accommodate human use patterns. Our team approach
will creatively blend recreation facilities with natural
systems through design of features that have a
hierarchy of human function, landscape cues for
utilization and principles for crime prevention.
Vision: SWB will provide the leadership, creativity and
technical expertise to develop a vision for the park and
plaza that will serve the community well into the future.
North Lowell Park & Pedestrian Plaza Plans
PROPOSED WORK PROGRAM
The following Scope of Services describes the tasks that
SWB believes may be needed to complete the North Lowell
Park /Pedestrian Plaza Master Plan and Pedestrian Plaza
Construction Plans. The proposed tasks are based upon our
past experience working on projects of a similar scope as
well as our current understanding of the project and may be
modified to serve the best interest of the City.
MASTER PLAN
SWB has received the addendum that states:
"The intent of the master plan is not to create a new overall
master plan for the area but rather make one seamless
drawing that shows how the various plans come together.
In addition to the above listed plans, the master plan needs
to take into account the US ACE Phase 111 levy plan, parking
lot layout plans developed by the City of Stillwater, and the
pedestrian plaza plans that will be developed as part of this
project. The plan needs to callout critical elevations and
edges between the various elements."
Based upon that scope of work, the following program is
suggested:
TASK 1.
PROJECT START UP AND INFORMATION
GATHERING
A. Meet with City staff to review the work
program, project approach, and schedule.
Submit a revised or detailed work plan, if
needed.
B. Assemble all related plans and documents.
Supplement with on -site inventory and
analysis as needed.
* Page 46 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
C. PLANNING APPROACH/WORK PROGRAM
The construction plans shall include stubbing required
utilities (Water, Sanitary Sewer and Electrical) to the
bathroom facility. A fee has been provided for the
design of the bathroom facility that may be added to the
scope of the final contract at the determination of the
City.
The overall project needs to be divided into three (3)
phases:
Phase 1: Lowell Park to the EAST curb line of Water
Street.
Phase 2: From the EAST curb line of Water Street to the
west curb line of Main Street.
Phase 3: From the WEST curb line of Main Street to the
front of the Municipal Parking Lot.
North Lowell Park & Pedestrian Plaza Plans
C. Prepare base mapping for the project area
from survey information that is currently
available or from new survey information
that is provided by the Consultant, if that is
required.
TASK 2. PRELIMINARY MASTER PLAN
A. Prepare one seamless drawing that shows
how the various plans come together, taking
into account the items described above.
B. Meet with City staff to review the Preliminary
Master Plan.
C. Meet with the public to review the
Preliminary Master Plan.
TASK 3. NORTH LOWELL PARK /PEDESTRIAN PLAZA
MASTER PLAN
A. Make any changes or additions to the plans
that are required. Prepare a Master Plan
drawing and related documents that provide
the information described in the addendum
and needed by the City for planning and
coordination purposes. The drawings shall
be suitable for public presentation. Prepare
an estimate of cost for implementing the
entire plan.
B. Prepare illustrative information and material
as needed.
C. Meet with the staff, public and City officials
as necessary to inform and provide
opportunity for public input.
* Page 47 * November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Construction Drawings:
Attentive Service
& Creative Solutions
C. PLANNING APPROACH/WORK PROGRAM
• Will be suitable for bidding and project
construction
• Will list project quantities
• Will take into account the elements
development in the Master Plan
Plans Will Account For:
• Commercial Avenue to be completely
reconstructed
Storm sewer will be stubbed from the existing
storm water sewer to each of the existing
buildings to allow for clean storm water
connections in the future.
The relocation of various storm water intakes,
fire hydrant, power poles and street lights when
they conflict with the plaza.
• Call out new pedestrian lighting throughout the
plaza
North Lowell Park & Pedestrian Plaza Plans
PEDESTRIAN PLAZA CONSTRUCTION /IMPLEMENTATION
PLANS
TASK 1. PLANS AND SPECIFICATIONS
A. Prepare plans and specifications for the
construction of a pedestrian plaza from
Lowell Park to the parking ramp at the end of
Commercial Street.
i. Schematic Design — 35% complete
ii. Design Development — 65% complete
iii. Construction Documents — 100%
complete
B. Prepare estimates for probable cost for each
phase of completion.
TASK 2. REVIEW MEETINGS
A. Attend staff review meetings (total of 6) at
each phase of completion.
B. Attend pubic information meetings (6 total)
at each phase of completion.
TASK 3. PUBLIC AGENCY CONTACTS AND
SUBMITTALS
Provide assistance to the City as needed with
any meetings, submittals, contacts and
permitting that may be required.
• Page 48 •. November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
D. FEE QUOTATION
Attentive Service
& Creative Solutions
DESCRIPTION OF TASKS
Average Hourly Billing Rates
SWB
$85.00
FOTH
$110.00
FFE
CDG
TOTAL
1
PROJECT START UP AND INFORMATION GATHERING
A.
B.
C.
Meet with City staff to review work
program, project approach and schedule.
Submit a revised or detailed work plan, if
needed.
Assemble all related plans and documents.
Prepare base mapping
Sub -Total Task 1
16.00
16.00
4.00
4.00
$3,400.00 $1,320.00
$0.00
$0.00
$1,120.00
$1,800.00
$1,800.00
$4,720.00
2
PRELIMINARY MASTER PLAN
A.
Prepare one (1) seamless drawing.
B.
C.
Meet with City Staff.
Meet with Public
Sub -Total Task 2
40.00
4.00
4.00
$4,080.00
4.00
4.00
4.00
$1,320.00
$0.00
$0.00
$3,840.00
$780.00
$780.00
$5,400.00
3
NORTH LOWELL PARK /PEDESTRIAN PLAZA
A.
B.
C.
Revise Plan /Prepare Master Plan Drawing
Prepare illustrative information
Meet as necessary to inform and to obtain
public input
Sub -Total Task 3
TOTAL - MASTER PLAN
Lowe
information)
TRIAN PLAZA BOUNDARY AND
16.00
16.00
8.00
$3,400.00
4.00
4.00
4.00
$1,320.00
$10,880.00 $3,960.00
$0.00
$0.00
$0.00
$1,800.00
$1,800.00
$1,120.00
$4,720.00
$0.00 $14,840.00
Water Street to Main Street
Main Street to New City Ramp
Sub -Total
$4000.00
$4.000.00
$3,080.00 j $3,080.00
$5,880.00 $5,880.00
$0.00 $0.00 $12,960.00 $0.00 $12,960.00
TOTAL
PEDESTRIAN PLAZA BOUNDARY AND
SURVEY
$0.00
$0.00 $12,960.00
$0.00 $12,960.00
North Lowell Park & Pedestrian Plaza Plans • Page 49 •
November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
D. FEE QUOTATION
Attentive Service
& Creative Solutions
A.
1
2
3
B.
A.
B.
A.
PEDESTRIAN P
A CONSTRUCTION PLANS AND SPECIFICATION
Plans and Specifications
Schematic Design (35 %)
Design Development (65 %)
Construction Documents (100 %)
Cost Estimates
Sub -Total Task 1
Staff Meetings (6 total)
Public Information Meetings (6) total
Sub -Total Task 2
Assistance to City as needed.
Sub -Total Task 3
TOTAL PEDESTRIAN PLAZA PLANS AND
SPECIFICATIONS '!
120.00
80.00
120.00
16.00
$28,560.00
24.00
24.00
$4,080.00
8.00
$680.00
60.00
60.00
120.00
16.00
$28,160.00
24.00
24.00
$5,280.00
16.00
$1,760.00
33320,00 $35,200.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$16,800.00
$13,400.00
$23,400.00
$3,120.00
$56,720.00
$4,680.00
$4,680.00
$9,360.00
$2,440.00
$2,440.00
0.00
ADDITIONAL SERVICES not included in above fee estimate:
Reimbursable Expenses (includes printing, mileage, delivery)
Architectural Plans for bathroom facility
1. Architectural plans
(assumes $200,00 budget, 5% fee with mechanical /engineering
Done design /build by contractor)
$ 500.00
$ 10,000.00
2. Mechanical /Engineering by architect (3% fee) $ 6,000.00
Surveying Services
1. Lowell Park (re -doing COE Survey) $ 9,760.00
Additional Meetings
1. Cost to attend additional meetings is based on average hourly $ 780.00
Rates and assumes 4 hour meeting attended by SWB /Foth Principal
North Lowell Park & Pedestrian Plaza Plans
• Page 50 . November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
STANDARD HOURLY RATES:
D. FEE QUOTATION
Attentive Service
& Creative Solutions
Fees for work performed by The Sanders Wacker Bergly, Inc. Team, will be based on the following standard hourly rates:
Principal Landscape Architect /Planner $ 95.00 per hour
Landscape Architect /Planner 4 $ 85.00 per hour
Landscape Architect /Planner 3 $ 80.00 per hour
Landscape Architect /Planner 2 $ 75.00 per hour
Landscape Architect /Planner 1 $ 70.00 per hour
Technician $ 60.00 per hour
Principal Engineer $ 138.00 per hour
Project Engineer $ 126.00 per hour
Staff Engineer $ 115.00 per hour
CADD Technician (Engineer) $ 82.00 per hour
Electrical Engineer $ 115.00 per hour
Traffic Engineer $ 115.00 per hour
Principal Surveyor /Engineer $ 140.00 per hour
Architect $ 120.00 per hour
Deliverables: Master Plan Document to include the following items as defined in the RFP:
A. 10 printed hard copies of the Master Plan Document
B. Maps identifying trail alignments, key park elements and parkland
C. Map showing how pedestrian plaza will connect to Lowell Park with critical elevations
D. Document with all features described
E. Cost Estimate for entire Plan
F. Electronic copies of entire Master Plan Document
Commercial Street Pedestrian Plaza Construction /Implementation Plans to include:
A. Five signed hard copies and two electronic copies of construction plans and
specifications
B. Engineers cost estimate breaking down various elements
C. Boundary and topographic survey as defined in RFP
D. Property corners identified and set
E. The overall project will be divided into three phases
Schedule: All work on the project will be completed by April 1, 2011 with the goal of beginning
construction on the Pedestrian Plaza by June 15, 2011.
North Lowell Park & Pedestrian Plaza Plans
• Page 51 • November 8, 2010
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
E. AUTHROIZED NEGOTIATOR /EXPEDITOR
Bill Sanders, Sanders Wacker Bergly, Inc. is the only Team Member authorized to negotiate /expedite the
proposal contract with the City of Stillwater. He can be contacted as follows:
U. 5. Mail:
William D. Sanders FASLA
President
Sanders Wacker Bergly, Inc.
365 Kellogg Boulevard East
Saint Paul, MN 55101 -1411
Phone /Fax /Email:
Phone: (651) 221 -0401
Fax: (651) 297 -6817
wsanders@swbinc.com
F. ADDITIONAL INFORMATION /COMMENT
Each member of The SWB Team provide a set of skills, talents and experience and have been selected to
match specific needs of this project. As our professional qualifications and involvement with similar projects
will show, we are uniquely qualified to work with the City of Stillwater on the North Lowell Park Pedestrian
Plaza Master Plan and Pedestrian Plaza Construction Plans.
As always, sustainability is a major focus in all of SWB's planning and design projects. Our past and current
projects include sustainable design concepts in stormwater management, use of recycled materials and
planting design. ADA compliance and design for crime prevention are also important components in all of
SWB's projects.
The SWB Team would like to thank you for the opportunity to submit our qualifications for this exciting
project.
North Lowell Park & Pedestrian Plaza Plans
Page 52 « November 8, 2010
r Top° Sun v eying Seri s Proposal
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PROJECT TASKS
Boundary and Site Topo Survey
■ Survey the location and ground elevation of all visible features such as buildings;
all visible above ground utilities (poles, wires, lights, equipment, pedestals, gas
infrastructure, water valves, hard surfaces with type and condition (concrete
bituminous); curbing; public and private drainage and storm water structures with
pipe sizes and invert elevations; sanitary sewer structures with pipe sizes and invert
elevations.
• Boundary survey will be completed based on our research, unless the City is able to
provide a title commitment for the Lowell Park and Plaza areas.
DELIVERABLES
• AutoCAll base map suitable for the preparation of construction drawings
• Boundary survey for proposed area
• iron Monuments for Pedestrian Plaza.
PERSONNEL
Project roles and key personnel for the project include:
Project Role Key Personnel
Principal Surveyor Tim Freeman, LS
Principal Engineer Todd Erickson, PE
Surveyor Craig Hinman, LS
Technician Eric Berkhoel
RATES & REIMBURSABLES
Below is our estimate of the reimbursable expenses that could, be incurred with this project.
`,there may be additional expenses that arise due to the project.
Printing 5200.00
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We appreciate the pportututy tra present tlri proposal to you . lfthis proposal meets it1t S`
approval, please sign and return rte copv #o our office. We look forward to working ith you
Todd A. l ric song P1:E.
l'rumcipai.
Fox Frei
SandersWackerBergly, Inc.
Landscape Architects and Planners
Attentive Service
& Creative Solutions
F. ADDITIONAL INFORMATION /COMMENTS
The following Foth Project Sheets will show relevant experience on projects similar in scope
to the North Lowell Park Pedestrian Plaza Master Plan
and Pedestrian Plaza Construction Plans.
North Lowell Park & Pedestrian Plaza Plans
• Page 56 . November 8, 2010
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North Lowell Park & Pedestrian Plaza Plans • Page 59 •
November 8, 2010
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COrtipkikd Pak Opcn Spact; plan tor the Village of Walworni that
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ordinance, Updated the Park and Open Spice Man, including comprehen
sive bicycle and trail :system plan,
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Waukee:a County, Wisconsin
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Wattpica Rivet In cooper-awe with neighboring towns, Anteral future community parks and preservation
areas were also sited,
City of De Pere Outdoor Recreation Plan
Brown County, Wisconsin
Thu Outdoor Recreation Phil provided smops Futchtept for the City to :develop new reereaticin and park
facilities, and to projeef Mum r,;•riration needs and ,,Tportiontics, Thw Plan recommended locations tar
new park eat% and includes a staged develormient strategy and tannin plait The Plan ensured City pin-pint-
try Int state and federal grant programs designed to at m park 6114 sectisitsta nnd d itand develop-
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• Page 68 • November 8, 2010
AUTHORIZING THE CITY PARTICIPATION IN
THE ST. CROIX RIVER BRIDGE CROSSING COALITION
AND PAYMENT OF ANNUAL MEMBERSHIP FEE
WHEREAS, legislators, City of Stillwater representatives, Greater Stillwater Area
Chamber representatives, Washington County representatives, Mn /DOT
representatives met to discuss options and action items relating to St. Croix River
Bridge Crossing issues; and
WHEREAS, one of the action items from that meeting was the possible formation of a
non - profit St. Croix River Bridge Crossing Coalition; and
NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the City
participation in the St. Croix River Bridge Crossing Coalition and the payment of annual
membership fees is hereby approved.
Adopted by the Stillwater City Council this 16th day of November 2010.
Ken Harycki, Mayor
ATTEST:
Diane F. Ward, City Clerk
MEMORANDUM
TO: Mayor & City Council
FROM: City Administrator Hansen
DATE: November 10, 2010
SUBJECT: Property Management Contract
As you are aware, the City closed on the Armory /Fire Station property on Monday,
November 1, 2010. With that property we inherited two rental homes that had long term renters
who we were told wanted to stay. On November 2, 2010, we were advised that the renter of the
Boutwell house had moved out on October 31, 2010.
Since the City is ill equipped to be in the rental /property management business, I
contacted three property management firms. All will line up and screen renters and will provide
the monthly management, including rental collection and maintenance issues. They are as
follows:
1. Judd Orff
60 day contract
Fee: 1/2 of 1st month rent
5% of gross rent monthly
City will pay for any ads
2. Clark Nyberg, Coldwell Banker
Fee: 1st months rental
7% of gross rent monthly
3. Nate Gerard, Keller Williams
Fee: 1/2 of 1st month rent
5% of gross rent monthly
(See attached proposal)
Recommendation: The proposal from Judd Orff seems the most appropriate.
Rental Property Manager Proposal
For the City of Stillwater, MN
Contents
• Philosophy
• Pricing & Terms
Philosophy
Having managed my own single family rentals for about five years I have direct experience in the tactics for
successful management of single family rentals.
Specifically, I use a combination of mutual respect and accountability that results in an excellent working
relationship. This is accomplished through a hands on approach at the beginning and continues through
offering tenants accessibility throughout the term of their lease.
If the terms of the lease are violated, the tenant, who has already signed and initialed specifics sections of the
lease pertaining to the violation, is given an opportunity to rectify the situation. If they chose not to do so,
eviction is the end result. I should add that with 8 tenants in my homes, I've only had to evict one tenant,
which shows my management style works well and many of my tenants have become friends or real estate
clients of mine.
In closing, whenever possible, I like to provide positive reinforcement but in cases where that doesn't work,
swift accountability. This has resulted in great long term relationships with excellent tenants, and short
relationships with bad ones.
Pricing & Terms
For the subject property needing a tenant, multiple websites will be used to advertise the property. The time
and minimal expense of these sites will be my financial responsibility.
For this service, I would ask for one -half of the first months' rent as compensation for advertising expense,
time spent meeting with prospective tenants, running credit and background checks, and creating the lease
document and signing it with the approved tenants. This would also cover the time spent with City officials
reviewing the top candidates and my reasoning for the recommendation of the top candidate for the city's
approval. (In the event the city decides not to rent the property any and all expenses incurred would be
payable plus 25% of one month's rent.)
On an ongoing basis five percent of all rent per month would be payable as a fee for management services. 1
would be available at all times to clients for any manner of issues emergencies and as a facilitator of
communication between the Tenants and City officials. In other words, I take the burden of management off
the hands of the city. This pricing is based on listing either or both properties for sale with me when and if the
time comes to sell them.
Thank you for your consideration.
Nate Gerard + Keller Williams Integrity Realty + Cell 612 - 849 -9079 + Office 651 - 351 -0087
October 26, 2010
Mr. Rusty Schmidt and
Washington Conservation District
1380 W. Frontage Road, Hwy. #36
Stillwater, MN 55082
Dear Rusty, Mayor, and City Council,
Gary F. Campbell
2263 ORWELL COURT NORTH
STILLWATER, MN 55082
651 - 351 -0350
Mayor & City Council
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
This is to acknowledge the installation of a "rain garden" adjacent to my
property at 2263 Orwell Court North on city property.
This was done by the Washington Conservation District in cooperation with
the City of Stillwater Maintenance Department during the past month. With
the constant drainage problem with this area of city property, I appreciate the
City making an effort to correct that.
I also accept, as an adjacent land owner, that I too have responsibility that
the joint effort by the City and District will have some degree of success in
their investment. I have already purchased mulch, stakes for the individual
plants, watering, and fertilization to assist in your joint efforts.
I thank you all for your effort.
Respectfully,
Gary F.'Campbell
CC: File
Washington
C
BOARD AGENDA
NOVEMBER 16, 2010 - 9:00 A.M.
1. 9:00 Washington County Regional Railroad Authority Convenes
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
A. Roll Call
B. Pledge of Allegiance
C. Regional Railroad Authority Meeting Minutes from October 12, 2010
D. Newport Transit Center Declaration Restricting Sale Without Written Approval of the
Counties Transit Improvement Board; and, Filing the Declaration with the Recorder's Office
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. 9:15 Consent Calendar — Roll Call Vote
5. 9:15 Public Health and Environment —
A. Set Public Hearing for Revision of the Youth Access to Tobacco Ordinance
- Jean Streetar, Program Manager
B. Resolution — Extension of the Fuel Supply Agreement Between Resource Recovery
Technologies and Xcel Energy — Judy Hunter, Sr. Program Manager
6. 9:40 General Administration — Jim Schug, County Administrator
7. 9:50 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, 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. 10:10 Adjourn
10. 10:15 Board Workshop with the Office of Administration
to
10:45 Land and Water Legacy Program Implementation Strategies
** *MEETINGS LISTED ON BACK * **
Assistive listening devices are available for use in the County Board Room
If y,,,, aaa.l ncaem.,.,a thla fn n;.o0141 .,, ia.p„ira ho..ro..va�.a r =n (ARV san anon
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
NOVEMBER 16, 2010
The following items are presented for Board approval /adoption:
DEPARTMENT /AGENCY ITEM
Administration
Human Resources
Information Technology
Property Records and
Taxpayer Services
Public Works
A. Approval of the October 26, 2010 Board meeting minutes.
B. Approval of the 2011 insurance for the Supervisors Association.
C. Approval of resolution amending and reinstating the Flexible Benefits Plan
effective January 1, 2011.
D. Approval to renew contract to purchase software licensing, maintenance, and
support from Infor Global Technologies for the Infinium Application Manager,
Human Resources/Payroll, Query and Infinium Self Service software through
December 31, 2011.
E. Approval of consolidated extended service contract and website extended
service contract with Vanguard Appraisals, Inc. for computer aided mass appraisal
(CAMA) services for calendar year 2011.
F. Approval to enter into a lease agreement with Modular Space Corporation for the
Sentence -to- Service trailer through the signatures of the Washington County
Chair and County Administrator without further action of the County Board
conditioned upon compliance with all lease specifications, requirements, and
approval as to form by the Washington County Attorney's office.
*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.
****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
REMINDER. NO BOARD MEETING ON NOVEMBER 30, 2010 — 5TH TUESDAY
MEETING NOTICES **
(**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information)
Date Committee
November 15 Metro Alliance for Healthy Families
November 16 Valley Branch Watershed District Interviews
November 16 HRA Board Meeting
November 17 Workforce Investment Board
November 17 Counties Transit Improvement Board
November 17 Metro TAB Program & Advisory Board
November 18 Metro Area Agency on Aging
November 18 Red Rock Corridor Commission
November 18 Public Health Emergency Preparedness
November 18 Parks and Open Space Commission
November 18 CAP - Ramsey and Washington Counties
Time
11:30 a.m.
8:15 a.m.
3:30 p.m.
8:30 a.m.
10:00 a.m.
12:00 p.m.
9:30 a.m.
3:30 p.m.
5:30 p.m.
7:00 p.m.
6:30 p.m.
Location
1 Mendota Road — West St. Paul
Washington County Government Center
1584 Hadley Avenue North — Oakdale
Platinum Bank, 7667 Tenth St. North — Oakdale
100 Empire Drive — St. Paul
390 Robert Street North — St. Paul
2365 North McKnight Road — North St. Paul
Cottage Grove City Hall
Washington County Government Center
101 West Pine Street — Stillwater
450 Syndicate Street North — St. Paul
Washington
County
FYI
BOARD AGENDA
NOVEMBER 9, 2010 - 9:00 A.M.
Board of Commissioners
Dennis C. Hegberg, District 1
Bill Pulkrabek, Chair, District 2
Gary Kriesel, District 3
Myra Peterson, District 4
Lisa Weik, District 5
1. 9:00 Roll Call
Pledge of Allegiance
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your
comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's
presentation if it becomes redundan; repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items.
3. 9:10 Consent Calendar — Roll Call Vote
4. 9:10 Public Works /Public Health and Environment — Greg Wood, Building Services Manager &
Judy Hunter, Sr. Program Manager
A. Enhanced Energy Efficiency Program Pilot Screening Phase Agreement
B. Update on County Energy Plan Committee Process
5. 9:30 Public Works — Ted Schoenecker, Transportation Manager
Resolution Supporting the Issuance of Bonds by the Counties Transit Improvement Board
6. 9:40 Public Health and Environment — Jeff Travis, Program Manager
Agreement with Clean Harbors Environmental Services for Household Hazardous Waste
Management Services
7. 9:50 General Administration — Jim Schug, County Administrator
Resolution Urging the Association of Minnesota Counties to Include Several Positions in Their
2011/2012 Platform
8. 10:00 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.
9. Board Correspondence
10. 10:20 Adjourn
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
REMINDER: NO BOARD MEETING ON NOVEMBER 30, 2010 — 5TH TUESDAY
MEETING NOTICES **
(* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information)
Date Committee Time Location
November 9 Mental Health Advisory 4:00 p.m. Washington County Government Center
November 10 Metro Emergency Services Board 10:30 a.m. 2099 University Avenue West — St. Paul
November 10 Metropolitan Library Services Agency 12:00 p.m. 100 Empire Drive — St. Paul
November 10 Minnesota Inter - County Association 2:00 p.m. Kelly Inn, Sibley Room rd Floor — St. Paul
November 11 Minnesota Extension Committee 5:00 p.m. Lakeview Hospital — 927 Churchill St. - Stillwater
Assistive listening devices are available for use in the County Board Room
If vm, nand neeiesnnen dna sn nr /nngnagn hnrriar nla_ae< rn/t /RFf 4 fl RQnn
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
NOVEMBER 9, 2010
The following items are presented for Board approval /adoption:
DEPARTMENT /AGENCY ITEM
Administration A. Approval of the October 19, 2010 Board meeting minutes.
B. Approval to appoint Sheridan Hawley to the Community Corrections Advisory
Board to fill an unexpired term to December 31, 2011.
Human Resources C. Approval to renew service agreement with Frank Madden & Associates for labor
relations consultant services through December 31, 2011.
Information Technology
D. Approval to purchase software licensing, maintenance, and support from TSG
Server and Storage to provide for hardware and software licensing, maintenance,
and support for the county's IBM iSeries servers through August 26, 2011.
Library E. Approval of Washington County Library holiday and training closure schedule for
2011.
Property Records and
Taxpayer Services
Sheriff's Office
F. Approval to accept a grant from the Minnesota Historical Society in the amount of
$4,452 to Washington County Library in support of the project "First Minnesota:
Commemorating the 150th Anniversary of the 1 s` Minnesota Volunteer Infantry."
G. Approval to update Property Taxation County Policies #4001 Abatement, #4004
Tax Increment Financing, and #4006 Economic Development Tax Abatement;
and delete County Policy #4002 Deed Tax.
H. Approval of resolution to enter into a master joint powers agreement between the
State of Minnesota Bureau of Criminal Apprehension and the Washington County
Sheriff's Office, and authorization for Sheriff William M. Hutton to execute this
agreement and any amendments necessary to implement this agreement.
*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
Co
unty
BOARD AGENDA
NOVEMBER 2, 2010 - 9:00 A.M.
Board of Commissioners
Dennis C. Hegberg, District 1
Bill Pulkrabek, Chair, District 2
Gary Kriesel, District 3
Myra Peterson, District 4
Lisa Weik, District 5
1. 9:00 Roll Call
Pledge of Allegiance.
2. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the
issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County
Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present
your comments. You are encouraged to limit your presentation to no more than five minutes. The Board hair reserves the right to limit an
individual's presentation if it becomes redundant repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items.
3. 9:10 Consent Calendar — Roll Call Vote
4. 9:10 General Administration — Jim Schug, County Administrator
A. Red Bulls Day — November 7, 2010
B. Voting Delegate for 2010 Annual Meeting — Minnesota Counties Intergovernmental Trust
(MCIT) Dennis Hegberg — Alternate to be Determined
C. Review and Approval of 2011 County Workplan
5. 9:40 Commissioner Reports — Comments — Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest
and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary
because of discussion will be scheduled for a future board meeting.
6. Board Correspondence
7. 10:00 Adjourn
8. 10:00 Board Workshop with Public Works
to Counties Transit Improvement Board — Follow -up from October 29, 2010 CTIB Meeting
10:30
9. 10:30 Board Workshop with Public Health and Environment
to A. Washington Conservation District's 2011 Budget/Program Services
11:15 B. Watershed Management Organizations' Proposed 2011 Budgets/Priority Projects and the
Water Consortium Activities for 2010
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MEETING NOTICES **
(* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current
information)
Date Committee Time Location
November 4 MN High Speed Rail 10:00 a.m. 454 W. 5th Street — Red Wing
November 4 Metro Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul
Assistive listening devices are available for use in the County Board Room
If ..n.. newt/ see;e.anra A... 1n A ;cana:.v n. bng,.ngn harrier Neaen rna IRF11 AQfl SOS2
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR *
NOVEMBER 2, 2010
The following items are presented for Board approval /adoption:
DEPARTMENT /AGENCY ITEM
Administration
Attorney
Community Services
A. Approval to appoint Wayne Morris, Haberman Machine, Inc.; Colleen Eddy, Forest
Lake Area Chamber of Commerce; and, Teresa Dye, Globe University to the
Workforce Investment Board as Small Business Representatives, to first terms
expiring June 30, 2012.
B. Approval of resolution declaring November "Pancreatic Cancer Awareness Month"
in Washington County.
C. Approval of new Master Joint Powers Agreement between the State of Minnesota,
acting through its Department of Public Safety, Bureau of Criminal Apprehension
(BCA) and the County of Washington on behalf of its Prosecuting Attorney
(Agency).
D. Authorization to accept grant funding from the Minnesota Office of Justice programs
in the amount of $69,496. Funds are granted for State Fiscal Year 2011 from
October 1, 2010 through September 30, 2011.
E. Approval of a 2010 -2011 contract with Regions Hospital to provide observation,
evaluation, diagnosis, care, treatment and involuntary confinement for mentally ill,
mentally ill and dangerous, mentally retarded, and/or chemically dependent uninsured
adults in accordance with Minnesota Statute 253B.045 subd.2.
F. Approval to execute a 2010 Community Development Block Grant (CDBG) funding
agreement with Tubman.
G. Approval of cooperative agreement by and among the metro counties and Department
of Human Services for Children's Mental Health Crisis Services.
Property Records and H. Approval of contracts for assessing services with Grey Cloud Island Township,
Taxpayer Services Stillwater Township, and the City of Bayport.
Public Works
I. Adopt resolution to enter into cooperative agreement with Century College for the
installation of a solar water heater system in the Lake Elmo Park Reserve
campground shower building.
J. Approval of Public Works organizational chart reflecting merger of former Facilities
Division and Administration's Central Services into new Building Services Division.
Sheriff K. Approval to enter into agreement with Securus Technologies, Inc. to provide an
inmate telephone system.
*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.
Summary of Proceedings
Washington County Board of Commissioners
October 19, 2010
Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary
Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Absent none. Board
Chair Pulkrabek presided.
Commissioner Reports — Comments — Questions
The Commissioners reported on the following items:
Commissioner Weik — reported on the Extension Committee meeting which discussed 4 -H
youth development and programs, State Fair update, increase in membership, at large
vacancy on the Extension Committee, and the 4 -H awards and recognition event will be held
on October 25; reported on the Association of Minnesota Counties Board of Director's
meeting which discussed the statewide Yellow Ribbon counties initiative, 2011 dues to
remain the same as 2010, and Jeff Spartz was named the new Executive Director beginning
in November; reported on the Minnesota Inter- County Association meeting which discussed
health care homes, discussion that cities are moving forward on a Y2 cent sales tax, and a
letter will be sent to Met Council asking them to delay changes to the 2030 Transportation
Plan until a new Met Council starts in 2011; she reported on the Gateway Corridor meeting
which distributed the strategic communication plan and asked for comments by November
19, and the Wisconsin Coalition gave an update on its budget and what their next steps
would be; and she reported that citizens in the area of the Century Avenue and Valley Creek
intersection have mentioned that the final appearance of the easement area has not been
completed; staff indicated that new sod will be planted next spring;
Commissioner Peterson — stated that applicants for the Extension Committee should be
advocates for its programs such as 4 -H or Master Gardener; she suggested that the
Association of Minnesota Counties and the Minnesota Inter- County Association discuss the
1/2 cent sales tax for counties and the possibility of cities instituting a 1/2 cent sales tax; she
reported that Cottage Grove has finalized their Yellow Ribbon action plan; and she thanked
staff for the completed construction on County Road 74 which was only made possible
through the wheelage tax;
Commissioner Kriesel — reported on the Gateway Corridor meeting which discussed the draft
work plan and budget, and it passed a resolution requesting the state to fund $1 million for an
environmental assessment and preliminary engineering; he also reported that the National
Park Service issued a Section 7A report back to the Judge, stating that the Stillwater Bridge
should not be built
Commissioner Hegberg — asked about political signs being removed; staff indicated that
State law requires that no political signs be placed in public rights of way and that the signs
will be removed and brought to the north or south shops for retrieval.
Community Services
Approval to execute the contract to be a member of the Washington County Children's Mental
Health Action Collaborative Agreement.
General Administration
Approval of the following actions:
- October 5 and 12, 2010 Board meeting minutes;
- Board correspondence was received and placed on file;
- Board workshop held to review the draft 2011 Legislative Agenda.
Property Records and Taxpayer Services
Approval of the following actions:
- 1 -4 day temporary on -sale liquor license for the Arcola Historic Foundation for October 29,
2010 at the Arcola Mills Mansion;
- Appoint Commissioners Kriesel and Hegberg to serve on the County Canvass Board
scheduled for Monday, November 8 at 10:00 a.m.;
Contracts for assessing services with the cities of Stillwater and St. Paul Park, and the
townships of Denmark, West Lakeland, and Baytown.
Public Health and Environment
Approval of an agreement with the Forest Lake Schools Community Education Program to use
county property to provide onsite County Employee Wellness activities at the County Service
Center - Forest Lake.
Public Works
Approval of the following actions:
- Resolution No. 2010 -148, authorize the Director of Public works to request the
Commissioner of the Minnesota Department of Transportation to perform speed studies on
various roads in Woodbury, Lake Elmo, Afton, and Forest Lake;
Resolution No. 2010 -149, acquire Parks and Trails Council of Minnesota property for
inclusion into Grey Cloud Island Regional Park and to use Land and Water Legacy Program
Funds for the purchase;
Agreements with the Metropolitan Council for restrictive covenants on the Appert property
acquisition for inclusion into the Grey Cloud Island Regional Park and the portion of the
Pontius property acquisition for inclusion into the St. Croix Valley Regional Trail and to file
the agreements with the Washington County Recorder's Office as part of the deed to the
parcels;
Contract amendment with Braun Intertec Corporation in the amount of $27,676.50 for
additional geotechnical services on the County Road 83 Bridge Overpass of Interstate 35
construction project in Forest Lake;
- Contract with Forest Lake Contracting, Inc. for turn lane construction on Everton Avenue in
the City of Forest Lake.
A complete text of the Official Proceedings of the Washington County Board of Commissioners
is available for public inspection at the Office of Administration, Washington County
Government Center, 14949 62nd Street N., Stillwater, Minnesota.