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HomeMy WebLinkAbout2010-12-07 CC Packet"illwaaffter TOE 71I1TOELACE OF ■IOOEEETA REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street 4:30 P.M. 7:00 P.M. CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Pedestrian Plaza follow -up discussion 2. Special Events Task Force recommendations STAFF REPORTS 3. Police Chief 7. Public Wks Dir/ City Engr. 4. Fire Chief 5. City Clerk 8. Finance Dir. 9. City Attorney 6. Community Dev. Director 10. City Administrator CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA APPROVAL OF MINUTES 11. Possible approval of November 16, 2010 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Certificate of Appreciation — Cory Buettner 13. CVB — Lodging Tax Discussion OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (ROLL CALL) 14. Resolution 2010 -182, directing payment of bills 15. Resolution 2010 -183, approving the liquor license change for C & G Sukopp, LLC, d /b /a Muraski 16. Resolution 2010 -184, adopting delinquent water bill charges Project 0009 17. Resolution 2010 -185, approving the administration of the Minnesota Wetland Conservation Act 18. Possible approval of Railroad Lease increase to St. Croix Boat Packet 19. Resolution 2010 -186, approving the municipal publicly owned infrastructure Inflow /Infiltration Intergovernmental Grant Agreement between the Metropolitan Council and the City of Stillwater 20. Resolution 2010 -187, renewal of towing license for 2011 21. Resolution 2010 -188, adopting delinquent garbage bill charges Project No. 0002 (available Tuesday) 22. Resolution 2010 -189, accepting quotes for building heating hot water pump assembly 23. Resolution 2010 -190, approving contract with Sand Creek Group, Ltd. 24. Resolution 2010 -191, approving Joint Powers Agreement with City of Bayport for road salt. PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 25. This is the day and time for a public hearing to consider the issuance of a new On -Sale & Sunday liquor license to Durant Schmitt LLC, d /b /a Stillwater's The Green Room, 215 Main Street S., Stillwater, MN, Stanton Schmitt & Christopher Durant, applicants. Notice was published in the Stillwater Gazette on November 24, 2010. (Resolution —Roll Call) 26. This is the day and time for a public hearing to consider the transfer of an On -Sale & Sunday liquor license from DJ Companies of Stillwater, d /b /a Ruby Begonia's, to Monique's LLC, d /b /a Pub Monique, 112 Main Street N., Stillwater, MN, Monique Hammer, applicant. Notice was published in the Stillwater Gazette on November 26, 2010. (Resolution — Roll Call) UNFINISHED BUSINESS 27. Truth in Taxation Public Meeting a. Possible adoption of resolutions for 2011 Budget & Tax Levy (2 Resolutions — Roll Call) 28. Possible second reading of Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater City Code, to include Administrative Offenses (Ordinance — Roll Call) 29. Possible second reading of Ordinance 1023, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Accessory Structures) (Ordinance — Roll Call) 30. Possible second reading of Ordinance 1024, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Non- Conforming Lots) (Ordinance — Roll Call) NEW BUSINESS 31. Possible contract award for Ramp Surveillance System (Resolution — Roll Call) 32. Possible reappointments to the Library Board (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. Letter to the city council regarding the CVB: December 3, 2010 Dear Mayor & City Council Members: The Main Street Stillwater Independent Business Alliance has formed a very great & symbiotic relationship with the Stillwater Oak Park Heights Convention & Visitor Bureau. In the last couple of years that we have worked together — we feel that our hard work on events and marketing pieces like the Discover Downtown Stillwater Map has really paid off. Because of the work of their Public Relations person Jean Friedl — we have had press for our beautiful city all the way to New York City & the Regis & Kelly show, as well as a beautiful spread in this month's issue of Midwest Living magazine. With the help of the CVB — we have had a lot of positive local coverage — including KARE 11 & Perk at Play, WCCO radio, FOX 9 and more. We encourage the city council to retain the CVB for the future. There is great momentum and to cut it off by failing to re- authorize the CVB would be the wrong decision for the town. Sincerely, Main Street Stillwater Independent Business Alliance RESOLUTION 2010 -182 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 $1,334,467.67 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 7th day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -182 1ST Line /Leewes Ventures LLC Concession Supplies 1,732.60 Abbott Paint & Carpet Black Paint 51.30 Ace Hardware Supplies 143.01 Al's Coffee Company Coffee Supplies for Concession 1,256.35 Amdahl Locksmith, Inc. Chris Install Simplex Lock Server Room 155.00 Ancom Communication, Inc. Minitor V Nimh Battery Pack 86.57 Aramark Uniform Services Uniforms,Mats, Towels 1,458.68 Aspen Mills Uniforms 201.50 Automotive Service & Petroleum Equip Repair Oil Pump 213.48 Ballis John T. Background checks for part time on call Fire Fight 1,900.00 Board of Water Commissioner WAC Charges 1,244.00 Bonestroo Stillwater Boutwell Road Wetland Mitigation 1,200.00 Boyer Ford Trucks Filter 25.80 Brulin & Company Inc. Bio Zyme Block for Lift Stations 336.20 Bryan Rock Products, Inc. Ag Lime 129.42 Carlson Sports Marketing Sign for Turf Participation 267.00 Carquest Auto Parts Equipment Repair Supplies 403.08 Celski, Francis Reimbursement for Election Mileage 32.00 City View Electric, Inc. Annual Alarm Monitoring 2011 307.80 Clareys Safety Equipment Annual Extinguisher Service,Handle 87.28 Coca -Cola Bottling Company Concession Supplies 2,367.50 Comcast Internet 199.90 Cub Foods Concessions Supplies 98.51 Cummins NPower, LLC Control Assembly for Lift Station 747.06 Delta Dental Plan of Minnesota Dental Cobra 196.55 Emergency Automotive Technologies, Inc. Wing Plow, Beacons 339.02 Emergency Medical Products, In Box of Nitrile Gloves 129.59 Fastenal Company Ideal Clamps 401.69 FBI - LEEDA 2011 Membership, Dues 50.00 Fiermoen, Nikki Reimbursement Parking Ramp Fee 3.00 Flexible Pipe Tool Co. Repair of Sewer Camera and Transporter 941.86 Fuhr Trenching Hydrant Install & Water Service Install 16,777.32 Fury Dodge Chrysler Repair Dodge Charger 288.28 Gartner Studios Overpayment Parking Permits, Ramp Permits 78.00 General Security Services Corp Alarm Monitoring Sery 12/1/2010- 2/28/11 81.09 Grainger Equipment Repair Supplies 285.01 Grand Prix Vending Concession Supplies 99.60 Groth Peter Refund of Special Assessment duplicated 454.60 Harris Service Dehumidifier Blizzard Rink,Heater Repair 1,970.24 Helmer Printing, Inc. St. Croix Rec Update Flyer 21.38 Heritage Embroidery & Design Uniforms 1,938.00 Holiday Credit Office Fuel 39.34 Hotsy Equipment of Minnesota Installed Soap for truck wash bay 585.64 Hudson Ford Mercury Vehicle Repair Supplies 11.25 EXHIBIT " A" TO RESOLUTION #2010 -182 Page 2 IdentiSys ID Centre lite 6.5 329.98 L & D Sign Repaired Pressure Washing Switch 986.00 L.T.G.Power Equipment Repair Supplies 145.14 Lake Country Door, LLC Repair Entrance Door on Sign Shop 299.25 Lake Elmo Sod Farm, LLC Sod 12.34 League of MN Cities Insurance Trust LIVICIT Claim 1,000.00 Lennar Family of Builders Grading Escrow Refund 27,500.00 Lighthouse Homebuilders Inc. Grading Escrow Refund 1,500.00 Mac Queen Equipment Inc. Equipment Repair Supplies 1,072.76 Menards Equipment Repair Supplies 1,370.58 Metropolitan Council Nov 2010 Monthly SAC 4,158.00 MN Dept of Labor & Industry Elevator Annual Operating Fees 100.00 MN Dept of Transportation Driving program 300.00 Musco Finance, LLC Capital Lease Payment Lighting Rec Outdo 11,927.00 Nardini Fire Equipment Service Fire Extinguisher 455.85 Natural Resource Group LLC Environmental Consulting Levy Wall 5,530.25 Newman Signs Street sign blanks 351.36 Northern Tool Chair Hoist Manual 67.65 Office Depot Office Supplies 493.16 OnSite Sanitation Unit Rental 70.80 Pioneer Manufacturing Co. Field Turf Pain 485.70 Professional Wireless Communications Repair Two Headsets & Radio,FCC Lic Modification 659.14 Proguard Sports, Inc. Pro Shop Supplies 340.75 R & R Specialties, Inc. Acrylic Plexi Glasss, Net Protector,Blade Sharp 1,081.02 Radio Shack Corporation AC Outlets Power 1 53.43 RCM Specialties Inc. Patching Service 3,900.00 R W Kirchner & Associates Appraisal Report Pedestrian Plaza, 13295 Boutwell 2,100.00 Schindler Elevator Corporation Repair Elevator Parking Ramp 725.11 Simplex Grinnell LP Contract 12/2010- 11/30/2011 430.71 Sprint Cell Phone 88.47 Sprint PCS Cell Phone 77.14 St. Croix Boat & Packet Co. November Arena Billing 55,906.40 St. Croix Tree Service Inc. Moved Trees 612.50 St. Joseph Equipment Equipment Repair Supplies 96.49 Stillwater & Oak Park Heights CVB 3rd Qtr 2010 Lodging Tax 48,220.32 Stillwater Towing Towing 660.67 Sun Newspapers Publications 276.53 T- Mobile Cell Phone 42.43 T.A. Schifsky & Sons, Inc. Fine Asphalt 905.53 Tessman Seed Co. - St. Paul Ice melt 467.58 Tri State Bobcat, Inc. Equipment Repair Supplies 1,045.28 USAble Life Term Life Insurance 403.20 Vento, Barbara Refund Credit Balance Utility Billing Acct. 234.40 Verizon Wireless Cell Phones 1,807.14 Wal Mart Community Supplies 23.52 EXHIBIT " A" TO RESOLUTION #2010 -182 Washington County Assessors Div Washington County License Center Washington County Transportation Watson Company, Inc. The Yocum Oil Company Zeuli, Christopher Zoller, Rob LIBRARY Page 3 Web Site Subscription 200.00 Tabs for Police Vehicle 11.25 Labor Hours & Fringe Traffic Service 42.61 Concession Supplies 160.12 Fuel 11,946.64 EMT Class National Registry Exam Fees 70.00 Fire Education Materials & Conference Exp 454.23 Ace Hardware Janitorial Supplies 38.02 Amdahl, Chris Lock Repair 129.00 Baker & Taylor Library Materials 3,196.33 Baker & Taylor 2 Materials 68.12 Baker & Taylor Rental Rental Collection 64.94 BWI Children's Books 1,558.29 Budget Lighting Lightbulbs 650.45 Comcast Telecommunications 49.90 Cummins Npower Supplies & Service 325.70 Demco Supplies 37.95 DeSteno, Deborah Professional Services 103.26 Highsmith Bench 499.68 Master Mechanical Maintenance Contract 941.25 Midwest Tape Rental DVD's 95.51 Northwest Health & Safety Battery 250.00 Office of Enterprise Technology Telephone 395.25 Quill Office Supplies 254.69 Recorded Books Film Subscription 396.00 Toshiba Maintenance Contract 31.62 UPS Freight 81.50 Washington County Library Materials 815.00 Xcel Energy Utilities 3,660.41 ADDENDUM Clark, Luann Cleaning City Hall & Public Works 1,152.50 Cole Papers Janitorial Supplies 363.01 Frontier Ag & Turf John Deere 4720 Tractor 19,796.46 LMC Insurance Trust Insurance Claim 488.42 Magnuson Law Firm Professional Service 15,211.23 Metropolitant Council January 2011 Wastewater Service 119,240.94 Qwest Telephone 927.02 Sand Creek Group Ltd. Employee Assistance Program 1,864.28 Shilts, Cindy Reimburse Mileage to Seminar 32.00 Xcel Electricity, Gas 15,198.84 EXHIBIT " A" TO RESOLUTION #2010 -182 NOVEMBER MANUALS AT &T Lake Area Bank MN Dept. of Commerce MN DNR Postmaster Xcel Energy Adopted by the City Council this 7th Day of December, 2010 Page 4 Telephone Land Purchase 13129 Boutwell, 13210 75th St. N. Unclaimed Property Purchase Property Tract B Utility Billing Postage Electricity,Gas 10.18 891,790.21 771.95 48.65 2,501.39 20,893.79 TOTAL 1,334,467.67 RESOLUTION 2010 -188 ADOPTING DELINQUENT GARBAGE BILL CHARGES PROJECT NO. 0002 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent garbage bill charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent garbage bill charges and is hereby levied as an assessment against those parcels and the total is $83,459.36. Adopted by the Stillwater City Council this 7th day of December, 2010 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater 2010 Certification of Delinquent Garbage (Waste Management) For Collection with the 2011 Property Taxes Project #0002 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 19.030.20.31.0051 $257.32 29.030.20.34.0005 $263.81 19.030.20.34.0034 $255.93 29.030.20.34.0022 $146.85 19.030.20.34.0037 $252.82 29.030.20.34.0029 $70.81 19.030.20.42.0007 $256.42 29.030.20.34.0040 $190.89 19.030.20.42.0009 $75.05 29.030.20.34.0045 $257.68 19.030.20.42.0020 $301.15 29.030.20.34.0081 $305.16 19.030.20.44.0042 $215.92 29.030.20.34.0084 $264.06 19.030.20.44.0048 $193.65 29.030.20.34.0085 $310.99 20.030.20.13.0011 $60.13 29.030.20.34.0105 $100.02 20.030.20.21.0015 $305.16 29.030.20.41.0009 $707.11 20.030.20.21.0020 $264.00 29.030.20.41.0023 $105.58 20.030.20.21.0023 $268.26 29.030.20.41.0042 $255.55 20.030.20.21.0029 $187.89 29.030.20.41.0055 $311.05 20.030.20.21.0050 $219.58 29.030.20.41.0072 $74.66 20.030.20.23.0007 $224.68 29.030.20.41.0077 $263.91 20.030.20.24.0009 $70.81 29.030.20.41.0092 $318.94 20.030.20.33.0045 $70.81 29.030.20.41.0093 $215.77 20.030.20.41.0005 $60.13 29.030.20.42.0009 $312.18 20.030.20.44.0003 $303.49 29.030.20.42.0013 $210.00 20.030.20.44.0024 $311.41 29.030.20.42.0017 $124.99 21.030.20.13.0040 $53.63 29.030.20.42.0025 $106.99 21.030.20.13.0053 $130.68 29.030.20.42.0031 $311.17 21.030.20.13.0062 $169.24 29.030.20.43.0020 $263.94 21.030.20.13.0063 $260.62 29.030.20.43.0027 $147.62 21.030.20.13.0064 $269.91 29.030.20.43.0030 $277.06 21.030.20.13.0074 $212.92 29.030.20.43.0031 $311.11 21.030.20.14.0007 $264.06 29.030.20.43.0041 $259.35 21.030.20.14.0014 $264.06 29.030.20.43.0075 $310.80 21.030.20.14.0022 $113.08 29.030.20.43.0082 $129.28 21.030.20.14.0033 $302.89 29.030.20.44.0009 $78.23 21.030.20.24.0028 $215.84 29.030.20.44.0014 $53.40 21.030.20.33.0027 $264.00 29.030.20.44.0020 $257.56 21.030.20.33.0048 $257.98 29.030.20.44.0026 $221.32 21.030.20.33.0062 $221.32 29.030.20.44.0029 $651.36 21.030.20.33.0079 $257.46 30.030.20.31.0019 $159.63 21.030.20.33.0099 $221.32 30.030.20.32.0046 $120.26 21.030.20.33.0116 $257.56 30.030.20.33.0035 $70.81 21.030.20.33.0118 $267.55 30.030.20.34.0009 $259.35 21.030.20.34.0009 $220.95 30.030.20.41.0019 $423.16 21.030.20.34.0010 $131.45 30.030.20.41.0022 $73.81 21.030.20.34.0036 $221.32 30.030.20.41.0028 $158.00 City of Stillwater 2010 Certification of Delinquent Garbage (Waste Management) For Collection with the 2011 Property Taxes Project #0002 1 Year - 10% Interest Property Certification ID Amount Property Certification ID Amount 21.030.20.34.0037 $96.81 30.030.20.44.0006 $70.81 21.030.20.34.0066 $216.44 31.030.20.11.0007 $311.29 21.030.20.34.0072 $136.52 31.030.20.11.0041 $152.97 21.030.20.34.0073 $310.99 31.030.20.11.0066 $302.79 21.030.20.34.0080 $216.84 31.030.20.11.0080 $91.18 21.030.20.34.0116 $70.81 31.030.20.11.0090 $309.98 21.030.20.34.0118 $263.54 31.030.20.11.0098 $264.06 21.030.20.34.0148 $266.69 31.030.20.12.0007 $181.09 21.030.20.43.0015 $329.20 31.030.20.12.0013 $126.46 21.030.20.43.0017 $250.22 31.030.20.13.0012 $311.05 21.030.20.43.0031 $382.95 31.030.20.14.0040 $267.77 21.030.20.43.0045 $163.19 31.030.20.24.0013 $187.71 21.030.20.43.0063 $277.76 31.030.20.24.0034 $98.80 21.030.20.43.0084 $260.93 31.030.20.24.0042 $255.55 28.030.20.12.0026 $264.06 31.030.20.31.0006 $257.32 28.030.20.12.0029 $217.88 31.030.20.31.0007 $301.38 28.030.20.12.0048 $460.10 31.030.20.31.0092 $256.09 28.030.20.12.0063 $75.81 31.030.20.41.0039 $260.85 28.030.20.12.0073 $264.00 31.030.20.41.0044 $60.13 28.030.20.12.0077 $362.66 31.030.20.43.0009 $258.88 28.030.20.12.0078 $311.17 32.030.20.12.0011 $60.13 28.030.20.13.0071 $185.13 32.030.20.12.0014 $310.58 28.030.20.13.0081 $339.71 32.030.20.12.0048 $311.05 28.030.20.13.0092 $158.00 32.030.20.12.0053 $311.05 28.030.20.13.0149 $150.95 32.030.20.12.0070 $311.05 28.030.20.21.0009 $258.82 32.030.20.13.0034 $222.43 28.030.20.21.0023 $311.05 32.030.20.13.0043 $73.81 28.030.20.21.0025 $53.40 32.030.20.13.0047 $189.40 28.030.20.21.0036 $67.21 32.030.20.13.0070 $217.87 28.030.20.21.0068 $53.40 32.030.20.13.0084 $261.88 28.030.20.21.0074 $264.27 32.030.20.13.0097 $189.71 28.030.20.21.0083 $63.13 32.030.20.14.0008 $111.52 28.030.20.21.0089 $73.07 32.030.20.14.0022 $311.05 28.030.20.21.0101 $73.81 32.030.20.14.0046 $323.27 28.030.20.21.0103 $296.84 32.030.20.14.0079 $302.68 28.030.20.21.0108 $164.35 32.030.20.14.0106 $298.30 28.030.20.21.0112 $264.06 32.030.20.21.0003 $63.13 28.030.20.21.0113 $96.85 32.030.20.21.0009 $264.00 28.030.20.21.0135 $564.34 32.030.20.21.0093 $221.32 28.030.20.22.0007 $95.01 32.030.20.22.0012 $308.40 28.030.20.22.0012 $259.28 32.030.20.22.0017 $302.79 City of Stillwater 2010 Certification of Delinquent Garbage (Waste Management) For Collection with the 2011 Property Taxes Project #0002 1 Year -10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.22.0015 $224.82 32.030.20.22.0046 $216.36 28.030.20.22.0042 $133.48 32.030.20.22.0059 $309.15 28.030.20.22.0044 $72.56 32.030.20.22.0085 $152.82 28.030.20.22.0058 $313.91 32.030.20.22.0100 $136.94 28.030.20.22.0085 $261.96 32.030.20.22.0107 $311.05 28.030.20.22.0088 $257.20 32.030.20.23.0018 $230.15 28.030.20.22.0089 $528.46 32.030.20.23.0026 $255.22 28.030.20.22.0092 $123.26 32.030.20.23.0028 $260.28 28.030.20.23.0056 $263.61 32.030.20.23.0036 $80.05 28.030.20.23.0060 $255.83 32.030.20.23.0043 $438.94 28.030.20.23.0103 $50.40 32.030.20.23.0046 $263.10 28.030.20.23.0108 $284.35 32.030.20.24.0058 $305.16 28.030.20.23.0113 $264.12 33.030.20.11.0021 $70.81 28.030.20.23.0132 $310.93 33.030.20.11.0030 $73.99 28.030.20.23.0136 $310.56 33.030.20.11.0044 $335.16 28.030.20.23.0140 $164.65 33.030.20.11.0048 $264.06 28.030.20.24.0020 $311.05 33.030.20.11.0049 $302.79 28.030.20.24.0024 $264.06 33.030.20.11.0052 $224.34 28.030.20.24.0025 $443.06 33.030.20.11.0065 $339.79 28.030.20.24.0028 $263.84 33.030.20.11.0082 $215.96 28.030.20.24.0039 $188.02 33.030.20.11.0085 $215.84 28.030.20.24.0051 $271.40 33.030.20.11.0085 $126.26 28.030.20.24.0061 $311.05 33.030.20.11.0104 $213.99 28.030.20.24.0062 $259.35 33.030.20.11.0111 $276.52 28.030.20.24.0064 $519.58 33.030.20.11.0129 $320.92 28.030.20.24.0067 $187.89 33.030.20.11.0136 $220.99 28.030.20.24.0099 $163.41 33.030.20.11.0138 $187.89 28.030.20.24.0105 $163.41 33.030.20.12.0010 $153.63 28.030.20.31.0004 $264.06 33.030.20.12.0017 $258.12 28.030.20.31.0021 $307.39 33.030.20.12.0021 $211.91 28.030.20.31.0023 $216.84 33.030.20.12.0035 $261.17 28.030.20.31.0049 $221.08 33.030.20.12.0039 $262.32 28.030.20.31.0088 $556.85 33.030.20.12.0049 $218.36 28.030.20.31.0125 $325.30 33.030.20.12.0051 $262.18 28.030.20.31.0135 $778.90 33.030.20.12.0062 $264.06 28.030.20.31.0138 $311.05 33.030.20.12.0086 $192.21 28.030.20.32.0002 $56.27 33.030.20.12.0087 $415.86 28.030.20.32.0046 $262.98 33.030.20.12.0091 $263.81 28.030.20.32.0058 $189.57 33.030.20.12.0094 $301.53 28.030.20.32.0075 $312.04 33.030.20.12.0110 $301.18 28.030.20.32.0099 $264.06 33.030.20.12.0111 $158.00 City of Stillwater 2010 Certification of Delinquent Garbage (Waste Management) For Collection with the 2011 Property Taxes Project #0002 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.32.0100 $322.78 33.030.20.12.0122 $107.60 28.030.20.32.0107 $308.22 33.030.20.12.0139 $264.00 28.030.20.32.0122 $246.99 33.030.20.13.0021 $304.33 28.030.20.32.0150 $304.95 33.030.20.13.0028 $301.61 28.030.20.33.0016 $102.82 33.030.20.13.0030 $334.76 28.030.20.33.0027 $311.17 33.030.20.13.0031 $62.24 28.030.20.33.0053 $340.75 33.030.20.13.0031 $327.37 28.030.20.33.0059 $146.32 33.030.20.13.0045 $296.51 28.030.20.33.0061 $299.97 33.030.20.13.0057 $170.15 28.030.20.33.0074 $264.00 33.030.20.13.0061 $263.87 28.030.20.33.0100 $279.43 33.030.20.13.0066 $352.79 28.030.20.34.0007 $264.06 33.030.20.13.0073 $211.40 28.030.20.34.0043 $467.11 33.030.20.13.0074 $263.74 28.030.20.34.0044 $264.36 33.030.20.14.0013 $219.04 28.030.20.34.0087 $319.44 33.030.20.14.0022 $147.80 28.030.20.34.0101 $317.53 33.030.20.14.0027 $300.74 28.030.20.34.0110 $147.80 33.030.20.14.0029 $120.72 28.030.20.34.0125 $60.13 33.030.20.14.0071 $60.13 28.030.20.41.0089 $466.59 33.030.20.14.0074 $263.86 28.030.20.42.0100 $141.30 33.030.20.14.0128 $221.32 28.030.20.42.0127 $364.74 33.030.20.14.0132 $299.74 28.030.20.43.0001 $63.13 33.030.20.21.0008 $157.37 28.030.20.43.0012 $50.26 33.030.20.21.0019 $106.80 28.030.20.43.0069 $351.56 33.030.20.21.0042 $361.96 28.030.20.43.0075 $184.06 33.030.20.21.0052 $311.11 28.030.20.43.0097 $73.81 33.030.20.21.0063 $525.88 28.030.20.43.0100 $476.72 33.030.20.21.0082 $629.85 28.030.20.44.0016 $255.82 33.030.20.21.0082 $221.32 28.030.20.44.0016 $134.30 33.030.20.21.0102 $303.02 28.030.20.44.0036 $387.35 33.030.20.21.0116 $187.89 29.030.20.11.0008 $335.48 33.030.20.22.0041 $335.75 29.030.20.11.0049 $264.06 33.030.20.24.0009 $57.20 29.030.20.14.0020 $228.00 33.030.20.24.0012 $262.18 29.030.20.14.0032 $263.77 33.030.20.24.0027 $311.05 29.030.20.14.0086 $550.09 33.030.20.31.0002 $257.56 29.030.20.24.0001 $311.05 33.030.20.31.0041 $190.73 29.030.20.24.0037 $220.73 33.030.20.32.0030 $261.82 29.030.20.24.0051 $263.84 33.030.20.32.0033 $263.80 29.030.20.24.0053 $311.05 33.030.20.32.0033 $187.89 29.030.20.31.0031 $219.50 33.030.20.32.0036 $311.05 29.030.20.31.0043 $310.99 33.030.20.32.0036 $157.22 City of Stillwater 2010 Certification of Delinquent Garbage (Waste Management) For Collection with the 2011 Property Taxes Project #0002 1 Year -10% Interest Property Certification Property Certification ID Amount ID Amount 29.030.20.31.0065 $63.13 33.030.20.32.0040 $160.02 29.030.20.31.0066 $150.09 34.030.20.22.0006 $144.94 29.030.20.32.0028 $63.13 34.030.20.22.0013 $369.86 29.030.20.32.0055 $75.83 34.030.20.22.0026 $89.73 29.030.20.32.0068 $310.99 34.030.20.22.0067 $217.52 29.030.20.32.0086 $84.21 34.030.20.22.0068 $254.04 29.030.20.33.0010 $152.29 34.030.20.22.0076 $481.92 29.030.20.33.0048 $265.39 34.030.20.23.0037 $259.58 29.030.20.33.0062 $313.66 34.030.20.23.0044 $319.21 29.030.20.33.0063 $123.26 34.030.20.23.0053 $694.38 TOTAL $83,459.36 RESOLUTION 2010 -190 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the, contract between the City of Stillwater and Sand Creek Group, Ltd., to provide an Employee Assistance Program for the term January 1, 2011 through December 31, 2011, as on file with the City Clerk, is hereby approved. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council of the City of Stillwater this 7th day of December, 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk SAND CR99K GROUP, LTD. RESOURCES WITHOUT BARRIERS 610 NORTH MAIN STREET, SUITE 200 STILLWATER, MINNESOTA 55082 (PHONE) 651.430.3383 / 800.632.7643 Employee Assistance Agreement (FAX) 651 .430.9753 between www.SandCreekEAP.com The Sand Creek Group, Ltd. and The City of Stillwater I. Services Provided The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. I Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to them. S. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6 Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free -of- charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. 4 NATIONAL NETWORK OF OVER 10,000 HIGHLY CREDENTIALED PROFESSIONALS ADDRESSING INDIVIDUALIZED EMPLOYEE NEEDS & IMPROVING PRODUCTIVITY II. Coordination of Services The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III. Use of Name. [/A V. VI. VII. The City of Stillwater agrees to allow The Sand Creek Group, Ltd to list the City as a customer on promotional materials. Eli ibil' All employees of The City of Stillwater and members of their household who are experiencing personal, emotional, family or social problems which have direct, indirect or potential effects on work performance or personal well being, are eligible for the services of the Employee Assistance Program. Employee Participation A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. Reporting The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd for the employee services is as follows: Number of employees 76 Cost per employee $24.53 Annual EAP Contract Cost $1,864.28 Term of Contract January 1, 2011 to December 31 2011 Optional Services: Organization Development Services Trauma Team Services Bag Lunch Seminars: $200.00 per hour $200.00 11st two hours $100.00 per hour over two hours $200.00 per hour of presentation/facil itation SAND CRQQK GROUP, LTD. S.D.G. Vlll. Fee for Oneomr Counseling Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employeeffamily member. LX Modification or Termination of Contract This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd. The City of Stillwater Gretchen M. Stein, Ph.D., CEAP Date President & Chief Executive O, f�icer The Sand Creek Group, Ltd. GMS.jes Date SAND CRC-QK GROUP, LTD. S.D.G. RESOLUTION 2010 -191 APPROVAL OF JOINT POWERS AGREEMENT WITH THE CITY OF BAYPORT FOR JOINT PURCHASE AND STORAGE OF ROAD SALT 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 City Council of the City of Stillwater this 7th day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk r JOINT POWERS AGREEMENT This Agreement made and entered into this `)day of 2010, by and between the CITY OF BAYPORT, Washington County, Minnesota, (hereinafter referred to as "Bayport") and the CITY OF STILLWATER, Washington County, Minnesota, (hereinafter referred to as "Stillwater "). RECITALS The parties desire to enter into a cooperative agreement to allow for the joint purchase and storage of road salt. NOW, THEREFORE, the parties agree as follows: 1. Purchase Stillwater agrees to purchase road salt for Stillwater and Bayport. In each year the parties will agree upon quantities and the price of purchase. 2. Storage Stillwater will accept delivery of the combined order and will store the salt under cover at the Stillwater Public Works facility on Boutwell Road in Stillwater. 3. Delivery Bayport will be obligated to pick up the salt at the Stillwater facility and Stillwater will not be obligated to deliver or distribute the salt to Bayport unless an agreement is reached to provide that service. 4. Billing► As Bayport picks up the salt the parties will agree on a method of measure or weighing the volume, and thereafter on a monthly basis. Stillwater will invoice Bayport at its cost per ton plus a mark -up of 10% as reimbursement for the handling and storage of Bayport's salt. 5. Amendments and Modifications This Agreement can only be amended or modified in writing signed by the parties. ,r 6. Cooueration Bayport and Stillwater will cooperate with regard to the implementation of this Agreement. To the extent that any additional agreements, notices, resolutions or other commitments are required to be issued by either community to the State of Minnesota, the County of Washington or any other regulatory agency affecting matters raised within this Agreement, both communities will cooperate to issue, in a prompt manner, any documents that may be requested by the agency. 7. Non — Delegation This Agreement is made by and between the parties hereto and neither may delegate any duty or responsibility arising under this Agreement without the express written consent of the other. IN WITNESS WHEREOF, the parties have set forth their hands and seals this day first written above. CITY OF BAYPORT Gv c Jonathan Nowaczek, Mayor M ch dministrator CITY OF STILLWATER Ken Harycki, Mayor Diane F. Ward, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on this � day of C Qiyv� J , 2010, by Jonathan Nowaczek, Mayor and Mitchell Berg, the City Administrator of the City of Bayport. --- -------------- KAREN A HUM F NOTARY PUBLIC- MINNESOTA MY Comm BOM Jan. 31, 2013 V5 IN VA I j . �1L R 61 -2- STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on this day of 2010, by Ken Harycki, Mayor and Diane F. Ward, the City Clerk of the City of Stillwater. Notary Public This instrument drafted by: David T. Magnuson ( #66400) Magnuson Law Firm 333 North Main Street, Suite 202 Stillwater, MN 55082 651- 439 -9464 main 651- 439 -5641 fax -3- To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/3/2010 Subject: Library Board Appointments Three Library Board member's terms expires December 31, 2010. They are Michele Cassavante, Tom Corbett and Julia Sanstrom. Lynne Bertalmio has informed me that the members are interested and the Board recommends reappointment. If Council agrees they should pass a motion adopting a resolution appointing the above members to the Library Board with terms expiring January 1, 2014 REAAPPOINTING MICHELE CASSAVANTE, TOM CORBETT AND JULIA SANDSTROM TO THE LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappoints Michele Cassavante, Tom Corbett and Julia Sanstrom to the Library Board with terms ending January 1, 2014. Adopted by the Stillwater City Council this 7 th day of December 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk a 'er TY! YINTNl LA CF Yf NIYN EIl tF REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street December 7, 2010 4:30 P.M. 7:00 P.M. CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Pedestrian Plaza follow -up discussion 2. Special Events Task Force recommendations STAFF REPORTS 3. Police Chief 7. Public Wks Dir/ City Engr. 4. Fire Chief 5. City Clerk 8. Finance Dir. 9. City Attorney 6. Community Dev. Director 10. City Administrator CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA APPROVAL OF MINUTES 11. Possible approval of November 16, 2010 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Certificate of Appreciation — Cory Buettner 13. CVB — Lodging Tax Discussion OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit Your comments to 5 minutes or less. CONSENT AGENDA (ROLL CALL) 14. Resolution 2010 -182, directing payment of bills 15. Resolution 2010 -183, approving the liquor license change for C & G Sukopp, LLC, d /b /a Muraski 16. Resolution 2010 -184, adopting delinquent water bill charges Project 0009 17. Resolution 2010 -185, resolution regarding the administration of the Minnesota Wetland Conservation Act 18. Possible approval of Railroad Lease Increase to St. Croix Boat Packet 19. Resolution 2010 -186, 1/1 Grant 20. Resolution 2010 -187, renewal of towing license for 2011 21. Resolution 2010 -188, adopting delinquent garbage bill charges Project No. 0002 (available Tuesday) 22. Resolution 2010 -189, accepting quotes for building heating hot water pump assembly PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 23. This is the day and time for a public hearing to consider the issuance of a new On -Sale & Sunday liquor license to Durant Schmitt LLC, d /b /a Stillwater's The Green Room, 215 Main Street S., Stillwater, MN, Stanton Schmitt & Christopher Durant, applicants. Notice was published in the Stillwater Gazette on November 24, 2010. (Resolution —Roll Call) 24. This is the day and time for a public hearing to consider the transfer of an On -Sale & Sunday liquor license from DJ Companies of Stillwater, d /b /a Ruby Begonia's, to Monique's LLC, d /b /a Pub Monique, 112 Main Street N., Stillwater, MN, Monique Hammer, applicant. Notice was published in the Stillwater Gazette on November 26, 2010. (Resolution — Roll Call) UNFINISHED BUSINESS 25. Truth in Taxation Public Meeting a. Possible adoption of resolutions for 2010 Budget & Tax Levy (2 Resolutions —Roll Call) 26. Possible second reading of Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater City Code, to include Administrative Offenses (Ordinance — Roll Call) 27. Possible second reading of Ordinance 1023, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Accessory Structures) (Ordinance — Roll Call) 28. Possible second reading of Ordinance 1024, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Non- Conforming Lots) (Ordinance — Roll Call) NEW BUSINESS 29. Possible contract award for Ramp Surveillance System (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. THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: November 30, 2010 RE: Pedestrian Plaza Project SUMMARY OF PROJECT 1. Funding a. The estimated construction costs for the pedestrian plaza project are between about $425,500 and $865,500. The actual construction costs will depend upon the design elements and materials that are chosen, and whether the bathroom is constructed with project funds or not. More specific estimates will be available after the design and construction plan work is completed by the consultant. b. At least $3.5 million is already available to the City in TIF funds for the pedestrian plaza project. This represents money that is already generated. It is not money that requires a bond sale and would not need to be repaid. c. $375,000 in capital improvement funds are already set aside specifically for the project and are available. If TIF funds are used for the pedestrian plaza project, the $375,000 could be reprogrammed to other capital projects. 2. Public Restrooms a. Though the crossing of the City trail over the pedestrian plaza would not be a trailhead, it would be a good place for a public restroom. b. Though the DNR would not build a trail restroom, nor would they pay for one, they would help the City write a grant application for construction of a restroom somewhere along the DNR trail. c. If the pedestrian plaza restroom is paid for out of TIF funds, construction of an additional restroom at the actual DNR trailhead would stand an improved chance of successfully competing for grant money. d. A restroom on the plaza can be up to 500 square feet in floor area, but no more since it is in the St. Croix River floodplain. e. Whether a restroom is built with TIF funds or other funds, it would be best to design the restroom now. Then if an alternate funding source is used, the plans will be ready as soon as the funds are identified. 3. Timing of project a. The US Army Corps of Engineers is finishing the final construction documents now for the final phase of the levee. Construction on this final phase is scheduled to start in August of this coming summer. As part of the levee project, the Corps of Engineers Pedestrian Plaza November 30, 2010 Page 2 would construct the amphitheater and the parking lots where the gravel lots now are located. b. The DNR is poised to purchase the Minnesota Zephyr rail line by next summer. c. The TIF funds (ca. $3.5 million) that are available for the pedestrian plaza project will no longer be available after the end of 2011. After that time the TIF funds will have to be returned to Washington County for redistribution to all of the taxing entities. To use these funds, a construction contract would have to be awarded before the end of 2011. d. Therefore, since a major funding source is about to disappear, and the levee and state trail details are coming into focus, now is the time to complete the pedestrian plaza. 4. Amphitheater a. The amphitheater was conceived of during the 2030 Comprehensive Plan public meetings. It is intended for small shows such as Summer Tuesdays. b. The amphitheater is planned as a terraced lawn. It would not be a structure. c. The amphitheater is planned to be graded, seeded and paid for by the Corps. d. The amphitheater is designed to be an extension of the pedestrian plaza. Without the pedestrian plaza, the amphitheater would be an odd looking berm. So, if the plaza is not to be built, then the City should consider not building the amphitheater either 5. Plaza characteristics a. The pedestrian plaza would start at Main Street and provide a direct connection to North Lowell Park and the St. Croix River. Commercial Street will remain as it is: a two -way street with parking on both sides of the street. Perhaps at most, the sidewalk along Commercial Street could be replaced (though not widened) with this project. b. The plaza's maximum width from Main to Water Street through the city parking lot would be 60 feet. From Water Street to the park it would be 30 to 38 feet wide. c. Sanders Wacker Bergly, Inc (SWB) will consider whether the plaza between Main and Water Street could be made narrower. 6. Contract for Design and Construction Documents a. Staff met with SWB on November 24` i. As directed by the City Council, SWB will remove Commercial Street from the contract, except to consider sidewalk improvements only. ii. As directed by the City Council, SWB will look at making the plaza narrower than 60 feet wide through the City parking lot between the gas station and book store. iii. As directed by the City Council, SWB will design the pedestrian plaza bathroom now, even if it is built at a later date. b. SWB will create preliminary plans before beginning construction documents. The preliminary plans will be presented for public comment at Park Commission, Heritage Preservation Commission and City Council. c. The revised cost of contract work by SWB would not exceed $86,690 rather than the original cost of $112,820. Attachment: Revised SWB proposal bt SandersWackerBergly, Inc. m.).dsca e Architects atxd P ari.rxers 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: SlAlB 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 tfie leadership, creativity and technical expertise to develop a vision far the park and plaza that will serve the community well into the future. Atteritive Sorvire & Creative Solutiot7s 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. SandersWackerBergly, Inc. Attentitm Sei -vice �µ Lati.dsca e Architects and Planners & �It ltr re � it�tl �t�.4 SWB will prepare conceptual alternatives C. Prepare base mapping for the project area from and comparative cost estimates for the survey information that is currently available or following elements of the plan: from new survey information that is provided by the Consultant, if that is required. The interface between Lowell Park TASK 2. and the Pedestrian Plaza, including the restroom building and A modifications to the parking areas. The Pedestrian Plaza, including the restroom building and modifications B. to the park areas. The Pedestrian Plaza crossing of C. Main Street. TASK 3. PRELIMINARY MASTER PLAN Prepare one seamless drawing that shows how the various plans come together, taking into account the items described above. Meet with City staff to review the Preliminary Master Plan. Meet with the public to review the Preliminary Master Plan. 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. Phase Two — Survey Work TASK 1. LOWELL PARK Provide survey work necessary to coordinate COE survey and proposed grading with the Pedestrian Plaza connection. * " SandersWackerBergly, Inc. Atteivive .Servire a.ii s a[JE:Architects and : ? lariti.ers Lk Clvatille soll'i iolls a � Construction Drawings: TASK 2. PEDESTRIAN PLAZA — • Will be suitable for bidding and project WATER STREET TO MAIN STREET construction Provide survey work necessary to prepare • will list project quantities documents for constructing the Pedestrian Plaza • Will take into account the elements and Main Street Crossing. development in the Master Plan Phase Three — Pedestrian Plaza • Includes public restroom building. ConstrUCtio nil mplenlentatiOn Plans TASK 1. PLANS AND SPECIFICATIONS A. Prepare plans and specifications for the construction of a pedestrian plaza from Lowell Park to Main Street. L Schematic Design — 35% complete H. 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 at each phase of completion. (4 total) 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. \SaldersWacke£Bef y Inc g twl S is \ ll Ar chite cts i ! C z an d P lanners o W6ol [! P ® & . SandersWackerBergly, Inc. Lancscae Architects and Planners 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) 2. Mechanical /Engineering by architect (3% fee) Surveying Services 1. Lowell Park (re -doing COE Survey) Additional Meetings 1. Cost to attend additional meetings is based on average hourly Attomthle Service & creativo klutiolls $ 500.00 $ 10,000.00 $ 6,000.00 $ 9,760.00 $ 780.00 Rates assumes 4 hour meeting attended by SWB /Foth Principal 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 7th day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk h rt � STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this 7th day of December 2010 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") and Sanders Wacker Bergly, Inc., 365 Kellogg Boulevard East, Saint Paul, MN 55101 -1411 (hereinafter called "Contractor "). The Work. The Contractor agrees to complete plans for the North Lowell Park and Pedestrian Plaza according to the revised Scope of Services and Fee Proposal dated November 30, 2010. This work shall include the development of Architectural Plans for a bathroom facility with phase 3 of the project. All work will be done in a workman -like manner and materials will be fit for the purpose. 2. Rate of Compensation. The compensation to the Contractor shall be on an hourly basis not to exceed $86,690.00. The City understands that additional meetings beyond those listed in the revised scope of services and fee proposal dated November 30, 2010 will be billed by the Contractor at an hourly rate. 3. Termination. The City has the right to terminate this Agreement, for its convenience, after the first or second phases of the project as outlined in the revised scope of services and fee proposal dated November 30, 2010. The City shall provide a written notice to the Contractor when it . decides to terminates this agreement. The Contractor shall not precede with phase two or three of the project until authorized by the Stillwater Community Development Director. In the event the City terminates this agreement, the City must pay the Contractor any amounts owed to the Contractor and accrued through the date of termination. 4. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work. s. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 6. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Contract and to name the City as an additional insured on their policy " as their interest may appear" for the entire term of the contract. IN WITNESS WHEREOF, the parties have set their hands this 7th day of December, 2010. CITY OF STILLWATER By: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) Ken Harycki, Mayor Diane F. Ward, City Clerk The foregoing instrument was acknowledged before me this _ of Ken'Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public Commission .Expires: Commissioned At: CONTRACTOR Sanders Wacker Bergly, Inc. By: U &R>�z Title: �yml STATE OF MINNESOTA 2010 by ) ss. COUNTY OF The foregoing instrument was acknowledg y� b O ef fo ore �j me this 3r of , 2010 by its "' 0 0 i , Notary Public ' Commission Expires: 0//3 D N MM NIFPOLDT Commissioned At: Notaty PWAO- Ah rmota r �4 THE BIRTHPLACE OF M I N N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: November 29, 2010 RE: Cover Memo for Special Events Task Force Recommendations BACKGROUND The City Council began reviewing the Special Events Task Force (SETF) recommendations at the October 5, 2010 work session. But prior to approving them, the Council directed staff to solicit additional review and comment from event organizers and the Park Commission. After the October work session, staff mailed the SETF recommendations to the major event organizers for their review and comment. We also offered to meet with any of them to discuss the recommendations. Both the IBA and the Chamber of Commerce were represented on the SETF and had no additional comments. Dave Ekberg met with staff and discussed the recommendations, but he suggested no changes to them. On October 25, 2010 the Park Commission reviewed and discussed the recommendations and they unanimously recommended approval of them. NEXT STEPS If the City Council accepts the Special Event Task Force recommendations, staff will draft a policy statement in resolution format, which would be brought back to the Council for approval. Also, an event permit application form would be developed and brought back together with the policy resolution. The application fee and other potential charges would be adopted with the 2011 Fee Schedule. Attachments: 10/25/2010 Park Commission Minutes 10/5/2010 Council Minutes Report on Recommendations bt City of Stillwater Parks and Recreation Commission Oct. 25, 2010 Present: Linda Amrein, chair, David Brandt, Scott Christensen, Rob McGarry, Solveg Peterson, Mike Polehna, and Sandy Snellman Staff present: Assistant Public Works Superintendent Tim Moore Ms. Amrein called the meeting to order at 7:35 p.m. Approval of minutes Ms. Peterson noted a typo in the 7th line of action items "is" should be "it," in the 15 line, missing "the" in negotiate with "the" owner, 1S line on page 2 should be Mr. Brandt "questioned" and last line in that paragraph, should be in favor "of'. Ms. Snellman moved to approve the minutes of Sept. 27 with the above noted corrections. Mr. McGarry seconded the motion; motion passed unanimously. OPEN FORUM Mike Robinson, 801 W. Pine St., Stillwater, spoke about the condition of the playing surface of the center court at the Lily Lake tennis courts. He said there are some rips in the surface of that court and noted unless repairs are made, water might further damage the surface. He said it appears the marks may have been made by the warming house the Elks use for their annual Christmas tree sale and questioned whether there are any conditions attached to the Elk's use of the tennis courts that might be used to make the repairs. Mr. Moore said this was the first he had heard of the problem and said he would look. into the situation. ACTION ITEMS Special Events Task Force recommendations — Community Development Director Turnblad highlighted the recommendations of the Special Events Task Force. He said the Council is specifically looking for the Parks Commission's input regarding the proposed $500 fee for large events and the proposed permit review process for the special events. He noted that about 85% of event applications would continue to be reviewed by staff and be free of charge to event organizers. He listed the criteria that would initiate the new process, including whether an event is held entirely within a park and the number of expected attendees. He noted that special events with a contract with the City will be required to hold a public meeting and provide a vehicle for post -event comment by the public. Mr. Turnblad reviewed the definitions and thresholds for events, special events and special event with contract. Ms. Amrein suggested a change in the wording of the threshold for street closure — eliminating the "at least" from the language. Mr. McGarry, who served on the Special Events Task Force, said the primary issue is with the $500 fee and whether the Commission agrees that staff should handle the non - special event and non - contracted event permits /review. Members were in consensus that the Commission did not need to review all of the smaller events, which are already reviewed /approved at the staff level. Ms. Amrein confirmed that there is no differentiation in the fee for profit or non - profit groups. Mr. McGarry said the task force discussed the possibility of having a different fee for contract events, but the fee is in the contract and part of the contract negotiations. Mr. McGarry also pointed out the proposed $500 fee for special events is to recover costs from the impact of the large events, not to generate revenue. Mr. Turnblad pointed out that the $500 fee might not be recommended the first year of an event, but as the event grows or if the impact is greater than anticipated, the fee would be imposed in subsequent years. Park and Recreation Board Minutes October 25, 2010 Page 2 of 3 Mr. McGarry moved to accept the recommendations of the task force to review only special event or contract events and to charge a $500 fee as recommended by staff. Mr. Brandt seconded the motion. There was discussion of the importance of adhering to the timelines in the recommendations. Members expressed appreciation to Mr. McGarry for his efforts at serving on the task force and to Mr. Turnblad for his work with the task force. Motion passed unanimously. Park fees — Mr. Moore said he has been looking at some ways of standardizing park usage fees that the City has not charged in the past. He said he had talked with a number of communities and said the possible fees have been narrowed down to events such as softball tournaments and larger weddings where there is the potential for damage to a park. On a question by Mr. McGarry, Mr. Moore stated this is not to consider a wedding a special event, but just consider these from a park usage standpoint as they create more work and require more staff time. He said by comparison, Stillwater's charges are not that far out of line with other communities. In discussion, it was noted that if a wedding involves more than 250 guests, it would now be considered a special event, with a $500 fee. Mr. Moore pointed out that someone could have a wedding at Pioneer Park or Lowell Park and-not pay anything if that person doesn't reserve a picnic shelter or the gazebo. In discussion, it was suggested that someone planning a wedding that involves 50 or 100 guests is likely will apply to reserve a shelter or gazebo, at which time staff will be able to evaluate the application as to whether it qualifies as a special event. Mr. Polehna and Mr. McGarry suggested looking at all the park fees, existing fees and proposed 2011 fees. Ms. Amrein asked if there was any recourse should an applicant greatly underestimate attendance or impact; Mr. McGarry pointed out the 250 threshold is not included on the application. Mr. Moore said he would prepare the fee schedule for review by the Commission. INFORMATIONAL ITEMS Lowell Park/pedestrian plaza RFP — Planner Pogge stated that one of the City's funding sources for this project has a firm June 15, 2011, construction start date. If that comes together, he said the City will have a pretty aggressive schedule. He said he anticipates staff will rate the RFPs (request for proposals) and go directly to City Council for possible action on Nov. 15. Mr. Pogge gave a brief reaction to the open house on the pedestrian plaza proposal held prior to the Commission's meeting; he said there were many positive comments along with some concerns expressed that will have to be addressed in discussions with property owners. He said one of the primary concerns is with the proposal to have Commercial a one -way street. Ms. Amrein said she hoped the negative comments expressed by some business owners would be taken into consideration. Mr. Christensen pointed out the Commission is an advocate for parks and said he liked the concept presented; he said he thought staff and the Commission should carefully consider whether to make changes. Mr. Pogge said the City has to look at legitimate concerns, noting that plans are pretty conceptual at this point. Commission items Mr. Moore stated the Council approved the purchase of a utility tractor, and he said there will some sharing of budget and equipment with the Recreation Center, which he said will enable the outdoor rink at the Rec Center to be better maintained by Rec Center staff and provide the Parks Department with a new piece of equipment that can be used year- around. Mr. Polehna pointed out the arrangement resulted in a savings of about $20,000 from what was budgeted. Mr. Brandt asked about a sign that indicates Benson Park playground is closed after Oct. 15. Mr. Moore said the signs have been placed by the playgrounds as part of an audit of the playground equipment. Mr. Polehna suggested not installing the signs until the safety surface freezes. Mr. Polehna talked about the soccer nets at Benson that have never been firmly anchored and are a potential danger. Ms. Snellman talked about the condition of upper Northland Park. Park and Recreation Board Minutes October 25, 2010 Page 3 of 3 Ms. Amrein asked for an update about the property along Nightingale Boulevard. Mr. Moore said Sentence to Serve people would be used to remove buckthorn, with an access created for equipment on the walking path. He said the park entrances would be cleaned up, with signs installed. He said residents will be notified by letter of the work. Public Works Director Sanders spoke of the buildings that are encroaching on the public access property; he said Council directed staff to work with the individual property owners. Mr. Moore said he has been working with the Brown's Creek Watershed District regarding a possible prairie restoration project in the west Northland area. He said he would be bringing a proposal to the Commission regarding eliminating mowing of some areas and doing prairie restoration; he said that might require an open house for the neighborhood. On a question by Mr. Polehna, it was noted the Jackson Wildlife Management Area has been sold to a private individual. Meeting was adjourned at 8:52 on a motion by Mr. McGarry. Respectfully submitted, Sharon Baker Recording Secretary City Council Meeting October 5, 2010 for much of the parking areas; develop plans in -house for construction of the new lots; and obtain input from impacted businesses and downtown interest groups. Councilmember Roush pointed out that the outer lines for parking of cars in both Options B and C are identical, the variable is where the bike trail is located; he suggested that Option C brings people more into the green area as the bike path goes closer to the river. Mr. Pogge pointed out that Option C results in many issues related to how bikes interface with vehicular traffic. Councilmember Roush noted that Option C does not have the trail crossing vehicular traffic, while Option B does. Councilmember Polehna said he thought Option A was the preferred Option several years ago. Mr. Pogge said he thought the preference for Option B was a combination of balancing parking needs with the need to build a levee during flood events. Mr. Sanders explained the benefit of Option B for flood fighting efforts. Councilmember Cook said she thought the compelling issue for Option B was the infrastructure issue. On a question by Councilmember Polehna, Mr. Pogge said the Parking Commission is looking at having the new paved parking area a pay lot to offset costs; Mayor Harycki suggested providing some cement pads for motorcycle parking. Councilmember Polehna spoke of his desire to have power lines buried and that he would continue to work towards that objective. On a question by Councilmember Cook, Mr. Pogge stated the funding for the parking improvements would come from the Parking Enterprise Fund. Mr. Sanders pointed out that as part of the levee project, the Corps of Engineers will be reconstructing all of the parking lots from Nelson Street to Mulberry; the parking lot north of Mulberry would be paid from by the Parking Commission revenues. Motion by Mayor Harycki, seconded by Councilmember Polehna to accept Option B of the parking plans. All in favor. Discussion and possible approval of Special Events Task Force recommendations Mr. Turnblad highlighted five recommendations of the task force. He noted that about 85% of events will be handled in essentially the same way they are now. For the 10 -15% that go beyond a regular event. He informed the Council that the recommendation is to require the organizer of events not held entirely within a Page 4 of 11 City Council Meeting October 5, 2010 park to provide neighborhood notice, in the form of a flyer that includes contact information, information about the type of event and what to expect. The task force also recommends that special events with contracts that do not have grandfathered status be required to hold a public meeting, moderated by staff, to provide information and answer questions /concerns. The task force also recommended that the City should budget for downtown beautification items rather than charge events a beautification fee. Mr. Turnblad reviewed a table with definitions and thresholds for determining events, special events and contract special events. He also reviewed the recommendations regarding the requirements for public notice and public comments as well as fees for use of City services and facilities for events and special events; he noted that the existing fee schedule for use of park facilities will not be changed — these fees would be over and above the regular fee schedule. There was discussion of possible fees for various events. Councilmember Polehna asked about application deadlines, referring to a recent event that wasn't reviewed by the Parks Commission due to the lateness of the application. Mr. Turnblad reviewed the deadlines for the events and special events. It was noted this is the first time the recommendations have been presented. Mayor Harycki asked if event organizers have been contacted; Mr. Turnblad stated that has not occurred, but noted that the task force included representation from a good cross section of downtown. Councilmember Cook, co -chair of the task force, said the group felt it was important to first present the recommendations to the Council to obtain its input; she thanked those who served on the task force for their time and efforts. She talked about the task force's efforts for fairness and equitability and the importance of managing events in the best possible way for everybody's interest, both visitors and residents. Mr. Turnblad briefly reviewed the recommendation that downtown beautification efforts should be included in the Public Works Department's annual budget, rather than funded by a fee. Councilmember Cook spoke of the concern about funding those efforts on an ongoing basis and asked the Council to consider options for maintaining the impetus for the beautification efforts. There was discussion of possible fund- raising efforts. Councilmember Polehna suggested eliminating "downtown" from the beautification efforts as being too limited and should be called Community Beautification Fund and not just for the downtown; other Councilmembers were in agreement with that idea. In was suggested that event organizers be offered an opportunity for input. Page 5 of 11 City Council Meeting October 5, 2010 It was agreed to have this reviewed by the Parks Commission and to bring it back to the Council's December 7th, 4:30 work session. STAFF REPORTS Fire Chief Glaser thanked the Council for its support in authorizing the purchase of a new fire engine. He stated he attended the Association of Minnesota Emergency Management conference and participated in a number of training sessions, including a session on active shooter and how fire personnel can assist, a session on special event planning, and a session on state demographics and how an aging population affects emergency management and public safety. He stated the Fight the Fire 5K race took place, with 112 runners participating. He also noted it was Fire Prevention Week with lots of activities going on, including the annual open house. Public Works Director Sanders told the Council a notice has been posted on the web site regarding purchasing the old street signs that are being replaced; he said the price was set at $10 per sign. He also stated a meeting was scheduled with the DNR regarding a potential boat launch site at the south end of the City. He provided the results of a survey regarding encroachments on City open space along Nightingale Boulevard from Marine Circle to Northland Avenue. He said the survey indicated there are 4 structures (sheds) located on City property, with landscaping from 7 properties encroaching City land, three of which included fence encroachments, as well as dumping of brush piles and firewood. He said Sentence to Serve people have been scheduled to assist with buckthorn removal in the City open space and clearing out brush from entrances and that signs would be installed indicating the location of City property /open space. He said an Eagle Scout is interested in doing some trail work and may want to do something with this area as a project. He said, based on the Council's direction, the City may post "no cut, no mow" signage to establish the open space areas. On a question by Mayor Harycki, Mr. Sanders said the Parks Commission has not seen this information; Mayor Harycki suggested the Parks Commission might be a good place to start for deciding on direction. Councilmember Polehna noted some of the encroachments are minor and suggested that staff could handle those. He suggested holding a workshop for the community on buckthorn removal as a way of getting the public's assistance in that effort. Mayor Harycki questioned the $10 charge for the old street signs, noting sale of the old signs was envisioned as a way of generating some revenue to offset the cost of the new signs; Mr. Sanders pointed out that some of the old signs are in poor condition. After discussion, it was consensus to leave the charge at $10. Page 6 of 11 wa.ter ., THE BIRTHPLACE. OF MINNESOTA TO: Mayor & Councilmembers FROM: Special Events Task Force DATE: November 29, 2010 RE: Report on Special Events Task Force Recommendations BACKGROUND On April 7, 2009 the City Council approved a list of eight items for the Special Events Task Force to study. Subsequently, two items were removed from the list. The discussion on whether the city should encourage or solicit specific events was reassigned by the City Council to a future group. And, since the envisioned beautification fee was not ultimately recommended by the Task Force, it was felt by the group that a public forum to discuss recommendations was no longer necessary. The remaining six items are: 1. Establish a standardized process and requirements for larger events that have an impact on residential neighborhoods, businesses or city facilities (e.g. parks, streets) and services (e.g. public safety and public works). Establish a threshold for determining which of these larger events must follow the new process instead of the existing special events permit process. 2. Establish a threshold for determining which special event applications are to be considered by the City Council and /or the Park Commission. 3. Establish procedures for public comment and for notification to event neighbors and businesses; and establish thresholds to determine which events would trigger the need for this public comment and /or notification. 4. Establish a threshold for determining which events must pay for city facilities and services; deciding which city services should be paid for and at what rates. The goal is to require reasonable fees for services without discouraging event planners from considering Stillwater as their event venue. 5. Establish a Downtown Beautification Fee; how it will be used, how much it will be, and establish a threshold to determine which events are to pay the fee. 6. Establish a threshold for determining which events will be required to pay the $500 Public Park Usage Fee. The Special Events Task Force (SETF) met once or twice a month for a year. In addition committees of the SETF met occasionally to work on specific assigned tasks. The voting members of the group were: Councilmember Micky Cook (co -chair of task force), Councilmember Rob Gag (co -chair of task force), at -large resident Debbie Johnson, at -large resident Chris Murphy, at -large downtown merchant Vienette Olson, Park Commissioner Rob McGarry, CVB representative Jerry Helmberger, Chamber of Commerce representative Jenn Severson. The non - voting members of the group were Community Development Director Bill Turnblad and Police Chief John Gannaway. Special Events Task Force November 29, 2010 Page 2 o 10 TASK FORCE RECOMMENDATIONS The tasks were organized into the following groupings: A) definitions and thresholds, 8) public notification and public comment, Q beautification fee program, and D) fees for city services and facilities. Recommendations in each of these groupings are presented below. A) Definitions and Thresholds Event Special Event Special Event With Contract A gathering is considered an A gathering is considered a special A special event requires a event when any one of the event when any one of the contract with the city if: following thresholds applies: following thresholds applies: 1) Closure of street — One block of 1) Closure of street — One block of a a residential street is closed for up residential street is closed for more to 5 hours; or any portion of a than 5 hours; or more than one block commercial street is closed for up to of a residential street is closed for any 2 hours. length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use — 1 to 9 2) Public parking lot use — 10 or spaces in a public parking lot are more spaces in a public parking lot reserved. are reserved. 3) Street use — The event has a 3) Street use — The event has a route route on a public street(s), such as on a public street(s) (such as a race, races, walks, or parades. walk or parade) that requires street closure, traffic control, street sweeping, or the use of "no parking signs" along the route. 4) Number of people in a park - 250 or more people are expected at a time in a public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold . Contract with city required — Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra - ordinary city employee support or city materials are necessary, OR any out-of-pocket expenses are incurred bv the cit . Special Events Task Force November 29, 2010 Page 3 of 10 B) Public Notification and Public Comment 1. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events ") are not required to provide public notification or an opportunity for public comment. 2. Organizers of "special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. 3. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. a. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. b. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct mailing or hand delivered flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. iv. The public notification must be distributed by the organizer at least 7 days before the special event. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. 4. Special events that REQUIRE contracts will need to provide an opportunity for public comment. a. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for noticing and hosting the meeting must be paid by the applicant for the special event together with any applicable permit application fees. b. Any special event that has a contract with the city in 2010 will be considered "grandfathered ". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. Special Events Task Force November 29, 2010 Page 4 of 10 c. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post -event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions — the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract ", and 30 days prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city. A summary of the public notice and public comment recommendations is as follows: Event Special Event Special Event with Contract No neighborhood notice Neighborhood notice not Neighborhood notice by event required required if special event occurs host required completely within a city park. If it does not, then neighborhood notice is required. No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered ".' No post -event questionnaire No post -event questionnaire A post -event questionnaire is required required required. This requirement also applies to "grandfathered" special events. Reviewed only by city staff, Reviewed by City Council, city Reviewed by City Council, city unless a noise variance is staff, and applicable staff, and applicable Commissions requested. The Council must Commissions review a noise variance. C) Beautification Fee and Program The Task Force conceptually adopted a beautification fee program and fee amount. But, upon examination of the cumulative impact of this fee together with all other proposed city event fees, the Task Force on a 5 -1 vote recommended that a beautification fee should not be charged to event organizers. The Task Force agreed that beautification downtown is expected by both residents of the city and guests, and that it is critical to continue with these efforts. They also agreed that it is not equitable for the same few merchants to carry the burden of these beautification costs year after year. Moreover, a majority of the group came to believe that the beautification fee would potentially drive away smaller events and were therefore no longer in favor of it as a revenue source for Any special event that already has a contract with the City during 2010 is considered "grandfathered" and as its contract is renewed annually, it is not required to provide an opportunity for public comment, unless there are substantive changes to the event. Special Events Task Force November 29, 2010 Page 5 of 10 beautification. The group believed that the city should pay for the beautification costs downtown, as do many other communities. Therefore, the SETF recommends that beautification costs should be paid from the city's general funds, and that the amount budgeted next year should be $15,000. Though the Task Force did not specifically say that the other elements of the Beautification Fee Committee's planning documents should be implemented, it was implied that the applicable portions should form the basis of an annual work plan and budget that would be executed by the Public Works Department. D) Fees for City Services and Facilities 1. Out -of- pocket expenses - Fees for city services will be limited to the city's out -of- pocket expenses. Out -of- pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. 2. "Event" application fee - No application fee will be charged for a gathering that meets the definition of an "event ". An application for this type of gathering is reviewed only by staff, so out -of- pocket costs are very low. 3. "Special event" application fee - A $50 application fee will be charged for a gathering that meets the definition of a "special event ". An application for this type of gathering requires review by city staff, the Park Commission and /or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee. 4. "Special event with city contract" application fee — A $50 base application fee will be charged. In addition the cost of mailing notices for the public input meeting for this type of gathering must be paid by the applicant. The cost of the mailing will be 50 cents per address. 5. Equipment - Equipment operated by city personnel to support an event will not be paid for by the event organizer, unless the equipment has to be rented by the city specifically for the event. 6. Materials - Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables $10.00 /table /day Orange Fencing $2.50 /lineal foot Trash Containers $8.00 /container /day Refuse Collection Cost of staff time Portable toilets $60 /event /unit Portable toilet — Handicapped $150 /event /unit Electrical use (Parks, except Lowell Park) $10.00 /day Electrical use (Lowell Park) $20.00 per electrical box /day Barricade 4' to 12' $2.00 /barricade /day Barricade 4' to 12' with flasher $5.00 /barricade /day Drums $1.00 /drum /day Reflective Cones $1.00 /cone /day Traffic Sign on stand $2.00 /sign /day PD No Parking Signs $1.00 /sign/day Special Events Task Force November 29, 2010 Page 6 of 10 Park Usage Fee — Standard park reservation and facility use fees will apply. In addition, a $500 Park Usage Fee may be charged. Whether the $500 Park Usage Fee is charged or not will be left up to the Park Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear- and -tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. MISCELLANEOUS The Special Events Task Force believes that without a beautification fee, hosting a public forum on the other recommendations is probably not necessary. If the City Council feels strongly that a public forum of some sort should still be offered, that could be scheduled. Attachments: Beatification Fee Committee Report, November 18, 2009 Handout summarizing review process bt Special Events Task Force November 29, 2010 Page 7 of 10 Downtown Beatification Planning Document This document represents a consensus of the Special Events Task Force. It sets out the vision, long term objectives, strategies, beautification elements, organization structure and budget. Vision To provide a pleasing environment for the residents of Stillwater, their guests and the visitors that enjoy the Historic Downtown commercial district throughout the year. To foster and promote tourism within the city of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. Values • Know you're approaching a special destination - Know you've arrived someplace special • Welcoming, clean, festive, pleasing sounds • Encourage a slower pace, strolling, shopping, sitting by river, eating inside%utside • Tied into the river, the town's architecture and its history with identifying and historical reference points Long -Term Objectives • Fund the beautification budget from the city's general revenue. • Develop a maintenance plan • Create a repeatable, sustainable process • Establish beautification/visual impact standards and work with event planners to ensure Stillwater's esthetics and beauty are highlighted for attendees and retained after events are completed Strategies • Implement existing and new beautification elements within the context of the city's comprehensive plan Goals - To be developed by city: must have specified time frame and be measurable. Beautification Elements: • Flower Pots: Spring /Summer & Fall /Winter • Hanging Pots • Christmas Lights • Banners & Brackets • Directory Kiosks • Information Area • Benches • Bike Racks • Picnic Tables • Murals • Art & Sculpture Walk (changing) • Trash & Cigarette Receptacles • Clean sidewalks Special Events Task Force November 29, 2010 Page 8 of 10 Annual Maintenance Budget • Flower Pots Spring (70 -80) $2,000 • Flower Pots Summer (70 -80) $4,500 • Flower Pots Fall /Winter (70 -80) $4,500 • Business Directory Maps (5) $600 • Flower Pot Watering (Summer) ? • Christmas Light Installation/Storage ? • Banner Installation Spring /Summer ? • Banner Installation Fall /Winter 9 • Sidewalk cleaning ? Development Budget • New Banners • Additional Flower pots — replace damaged pots • Hanging Pots with watering system (80 -100) • Directory Kiosks ( +2) • Information Area (short term /long term) • City Entrance Signs —city in cooperation with beautification & subject to comprehensive plan • Benches - city in cooperation with beautification & subject to comprehensive plan • Bike Racks - city in cooperation with beautification & subject to comprehensive plan • Picnic Tables - city in cooperation with beautification & subject to comprehensive plan • Murals — grants & sponsorships • Art & Sculpture Walk (changing) — grants & sponsorships • Trash & Cigarette Receptacles - city in cooperation with beautification & subject to comprehensive plan Beautification Organization: • The city's Public Works Department should develop an annual work plan and request approval of its budget from the City Council. Special Events Task Force November 29, 2010 Page 9 of 10 Review Process and Timeline Permit for an Event 1. Application fee and submittal deadline a. Submit completed event permit application (no fee) at least 30 days before event. 2. City Review a. No neighborhood meeting, event notice or post -event questionnaire is required. b. Event permit application is reviewed and approved by staff. 3. Permit issuance deadline a. Event permit issues within 30 days of submitted permit application Permit for a Special Event 1. Application fee and submittal deadline a. Submit completed special event application with $50 fee at least 60 days before event. 2. City review a. Reviewing groups i. City staff will review all special event permit applications. ii. Parking Commission will review if 10 or more public parking spaces are requested. iii. Park Commission will review if Lowell Park is the special event venue. iv. The City Council will consider recommendations from staff and commissions and decide upon issuance of the special event permit. b. Public meeting i. No public meeting is required. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. No post -event questionnaire is required. Special Events Task Force November 29, 2010 Page 10 of 10 Permit for a Special Event with Contract 1. Application fee and submittal deadline a. Submit completed application with $50 fee plus $0.50 per neighborhood meeting notice addressee at least 60 days before event. 2. City review a. Reviewing groups L Upon recommendation from City staff and any applicable Commissions, the City Council will consider and decide upon issuance of the Special Event Permit. b. Public meeting i. Two to four weeks after the completed application is submitted to the city, but no later than three weeks prior to the event, the city will hold a neighborhood meeting for public comment. The neighborhood meeting must be held prior to consideration of the permit request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. iv. The notification, flyer must include the organizer's name and contact information for questions. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. A post -event questionnaire will be offered on the city's website. The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event with contract application request. - i I Vate I Nja THE OIOTM /LACE Of OIIOOEEOTA CITY COUNCIL MEETING November 16, 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 Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Gag, seconded by Councilmember Cook, to approve the October 19 regular and executive session meeting minutes; October 26, 2010, regular and recessed meeting minutes; and November 5, 2010, Canvass Board minutes. Councilmember Polehna noted that there was a correction to the write -in vote total in the Canvass Board minutes, which he passed along to City Administrator Hansen. Councilmembers Gag and Cook agreed to amend the motion to approve with the noted vote total correction. All in favor. OPEN FORUM No comments were received. STAFF REPORTS Police Chief Gannaway updated the Council on storm - related calls his department had received during the previous weekend. He informed the Council of a resident who had been the victim of a lotto scam and reminded citizens of the importance of notifying authorities if they or someone they know has been victim of such a crime. He told the Council that an officer in the department is now trained in commercial vehicle inspections and stated that there are very few over - length vehicles crossing the lift bridge now. He spoke of a recent incident that resulted in the arrest of a professional shoplifter and commended the efforts of Officer Belisle in making that arrest. Fire Chief Glaser also spoke of storm - related calls his department responded to, one of which was a carbon monoxide - related incident; he reminded citizens to property vent internal combustion engines and use such equipment outside. He noted that he and City Council Meeting November 16, 2010 Deputy Chief Ballis have been attending meeting as Washington County begins the process of selecting a new computer -aided dispatch system. He also stated staff members have been getting behind - the -wheel training in the new air boat and stated that he thought the craft would be in- service shortly. Administration Secretary Manos reminded citizens that the 2011 Truth in Taxation budget meeting will take place on Tuesday, December 7, during the regular Council meeting at 7:00 p.m. Public Works Director Sanders stated that he had several recent meetings with the DNR regarding the boat launch and the Zephyr trail. He stated that the DNR has indicated these are high priorities and that agency will work to find funding to enable the projects to proceed. Mr. Sanders stated that staff has had conversations with the City of Bayport regarding the possibility of offering some engineering services to that city; he stated that two quotes were submitted to Bayport, one for pavement management planning and another for some street work design for drainage improvements. He stated that Stillwater was low bidder on the street project and the bid was accepted. Mr. Sanders asked for approval to continue to be a member of the state fuel consortium; he stated that he would like to purchase 60% of the fuel through that program for additional savings. Mayor Harycki asked about the savings realized by utilizing the consortium; Mr. Sanders stated that in the first year, the City saved about $6,000 and is about $1,000 ahead this year as fuel prices have stabilized a bit more. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the requested participation in the state fuel consortium at 60% of the fuel needs. All in favor. Councilmember Cook asked about the funding for the Zephyr trail; Mr. Sanders indicated that at this time, the DNR has about $700,000 for land acquisition of the estimated $4 million cost. Mr. Sanders reviewed discussions regarding possible trailhead locations. On a question by Mayor Harycki, Mr. Sanders stated that there had been discussions regarding the City's plans for the bike trail through downtown and potential restroom at the pedestrian plaza location; he stated that the DNR has not ruled that potential cooperation regarding the cost of a restroom at that location. City Administrator Hansen stated that he had attended the meetings regarding both the trail and boat landing, and reported that the DNR is extremely enthusiastic about the projects and stated that the DNR is not looking at anything from the City other than cooperation. Mr. Sanders also provided an update on the recent storm - related activities. Mayor Harycki congratulated Mr. Sanders on the effort related to a rain garden installed to address a property owner's concerns about a road project. Councilmember Polehna spoke of efforts regarding buckthorn removed from the City - owned land on Nightingale Boulevard. Mr. Sanders spoke briefly of the success of the sale of the old street signs. CONSENT AGENDA Resolution 2010 -171, directing payment of bills 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 Resolution 2010 -173, Approving Renewals of On -Sale, Off -Sale, Club, Wine, Page 2 of 14 City Council Meeting November 16, 2010 Sunday On -Sale, On -Sale 3.2 %, Off -Sale 3.2% Liquor Licenses and Tobacco Licenses For 2011 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 Councilmember Roush asked about item 11 (joint powers agreement with the state), whether the amendments to the agreements would have to be signed by both parties or whether the two departments are independent of each other. City Attorney Magnuson responded that both departments would have to agree to any amendments. Councilmember Cook asked about a bill related to nuisance property and Mr. Hansen replied it is for work related to abandoned property and noted the cost is recovered by special assessed to the property. Councilmember Cook also asked about a bill related to the Veterans' Memorial and Mr. Hansen reported that the City has a multi -year agreement that is still in effect, but noted the City could choose not to renew the agreement when it expires. Councilmember Cook asked for an explanation of item 13 (resolution related to financing of certain proposed projects). Mr. Hansen noted this resolution is needed for the City to reimburse itself from bond sales; he stated that this resolution is related to the armory project and noted the resolution does not reflect the actual cost, but includes latitude to include unforeseen expenses. Mayor Harycki asked about a bill for replacement of a gate arm at the parking ramp and whether it is related to vandalism; Community Development Director reported that some of the damage has been vandalism and it is hoped that when surveillance cameras are in place, the incidents will lessen. Mayor Harycki asked whether there is a way to retrofit the damaged equipment; Mr. Turnblad replied that staff would look into options. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the Consent Agenda as presented. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook PUBLIC HEARINGS 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. City Administrator Hansen noted approval should be contingent on approval by police, finance, fire, and building departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Roush, to adopt Resolution 2010 -175, approving transfer of an On -Sale & Sunday liquor license to Rafters, LLC.; DBA: Rafters, 317 Main Street S., Stillwater, MN. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 14 City Council Meeting November 16, 2010 Case No. 2010 -42. This is the day and time for a public hearinq to consider a request from City of Stillwater for a zoning text amendment related to existing nonconforming lots of record and structures and any variances related thereto. Notice was published in the Stillwater Gazette on November 5, 2010. (Ordinance — 1S Reading) Community Development Director Turnblad reviewed the request and noted that the proposed amendment would deal with routine variance requests related to existing nonconforming lots and structures. He spoke of the impact of a recent Minnesota Supreme Court ruling that would make it extremely difficult to grant such variances. He stated that the amendment would allow an addition to existing (pre -1963) nonconforming structures and lots of record as long as the new addition meets all zoning requirements. He stated that the amendment would allow owners of historic structures to make additions as long as the addition conforms to all current zoning standards. Councilmember Cook asked Attorney Magnuson about the court ruling. Mr. Magnuson reviewed state statute related to the granting of variances, which state a variance cannot be granted unless there is a hardship involved; he reported that the new ruling has changed the interpretation of hardship to mean "no reasonable use." Mr. Magnuson indicated that the new language would essentially preclude the issuance of any variances, whereas, in practice, variances of the kind described by Mr. Turnblad have been routinely granted. He stated that the League of Minnesota Cities has recommended that cities either amend their ordinance to recognize that some of the rules should be more flexible, or stop granting variances and wait until the League of Minnesota Cities approaches the Legislature for a change in the statue language. He noted that townships and cities are held to different standards related to the granting of variances. On a question by Councilmember Cook, Mr. Turnblad and Mr. Magnuson stated that the proposed amendment would not provide more leniency /latitude to other variance requests. Mayor Harycki asked about any impact on past decisions; Mr. Magnuson stated that there would be no impact as the standards would not be retroactive. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Cook expressed concern about trying to get around a Supreme Court ruling and asked whether there was any indication in the court opinion as to why it would so restrict the granting of variances. Mr. Magnuson stated that the restrictive language has been in the statute for many years, but about 20 years ago the language was construed to define hardship as "practical difficulties ". This court ruling, he stated that, went back to a very conservative and strict reading of the statute and indicated that if cities want that changed, the Legislature should rewrite the statute. Councilmember Gag, speaking as a member of the Planning Commission, stated that the Planning Commission felt the proposed amendment made sense based on the Supreme Court ruling. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the first reading of the ordinance. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Page 4 of 14 City Council Meeting UNFINISHED BUSINESS November 16, 2010 Possible approval of second reading of Ordinance 1021 swimming pool safety barrier ordinance Community Development Director Turnblad noted that subsequent to the first reading of the ordinance, Councilmember Roush asked for an opinion related to the grandfathering of existing pool covers; he noted that Mr. Magnuson's opinion was included in the agenda packet. Councilmember Roush stated the request for clarification was based on the request of several residents and asked Mr. Magnuson to review his opinion. Mr. Magnuson reviewed the pertinent state statute, which states that any nonconformity existing at the time of adoption of an additional official control may be continued but not expanded unless the nonconformity is discontinued for more than one year. Councilmember Roush asked if the grandfathering would extend to all types of covers, including a winter cover; Attorney Magnuson responded that the previous ordinance indicated that a barrier must be of sufficient strength to be impenetrable and stated that the question would be whether a cover is reasonably safe. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Ordinance 1021, an Ordinance amending the Stillwater City Code Chapter 33, entitled Building Code by revising the safety barrier standards for swimming pools. Councilmember Roush thanked the Lennartsons, who were in the audience, and other concerned residents for their involvement in the process. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Parade Committee — Last call for volunteers Mayor Harycki asked that any residents interested in working on the Lumberjack Days parade committee contact City Hall. NEW BUSINESS Possible approval of Recreation Center concession contract City Administrator Hansen reported that there are some significant changes to the previous agreement presented to the Council for consideration. He indicated that the proposal has been scaled back quite a bit, with not a lot of construction improvements made to the Recreation Center. He stated that, if approved, this would be a 10 -year agreement, with the City having the right to terminate with a minimum of 60 -day notice. He stated that the proposed rent to be paid by Gartner is $30,000 a year, rather than the previous $60,000, plus 20% of gross sales that exceed $120,000. Mr. Hansen stated that, while he does have some skepticism, the right to cancel alleviates some of that skepticism. Recreation Center Manager Doug Brady briefly addressed the change in the proposed rent arrangement and noted that Gartner's intent is to start the operation slowly, rather than make drastic changes as first envisioned, to make sure the arrangement works for Page 5 of 14 City Council Meeting November 16, 2010 both parties. Mr. Brady stated that he thought there is the opportunity for great growth, with very little downside to the arrangement. On a question by Mayor Harycki, Mr. Brady stated that initially the operation would not be a Dairy Queen operation as franchise approval is needed. Councilmember Roush asked about the disposition of existing equipment and any future equipment; Mr. Brady stated that Gartner would be allowed to use the existing equipment and the City would retain the equipment if the agreement is terminated. If structural improvements are added, such as exhaust hood and grill, that equipment would stay and become the property of the City. Councilmember Roush asked about operating hours; Mr. Brady stated that hours would be when the Recreation Center is open for general business, but stated that he would expect that the hours would be less than the Recreation Center's. Councilmember Roush asked about the $30,000 versus $60,000 rent. Mr. Brady stated that total concession sales were used for the $60,000 figure, but looking at the portion of total sales that Gartner will be operating, $30,000 is a more realistic figure, noting that the Recreation Center will continue to realize the sales from the second concession counter. Councilmember Roush stated that he would like to see the actual breakdown of the sales figures before finalizing the agreement. In further discussion, Mr. Brady noted there is the opportunity for the operation to become a full - fledged Dairy Queen operation, which would be an amenity to patrons; he also noted the agreement would minimize management responsibility for the Recreation Center and reduce the chance for revenue loss, plus provide the opportunity for growth and new equipment. Mr. Brady also noted having a Dairy Queen operation might provide a draw for other activities, such as birthday parties, which would result in additional revenue for the Recreation Center. Councilmember Polehna questioned whether the City would be losing money with the $30,000 rent as proposed; Mr. Brady reiterated that the $30,000 would be a break -even number for the City. On a question by Councilmember Cook, Mr. Hansen stated that his primary reservation was with the proposed rent, but again stated that the right to cancel alleviates that concern. Mayor Harycki stated that he would like to see the requirement for a security /damage deposit added to the agreement. Mayor Harycki pointed out that the City did go through the RFP (request for proposal) process, with no responses received. Councilmember Roush again stated that he would like to see the accounting records before final approval. Mr. Brady noted that the hockey season has started and wondered whether it might not be possible to proceed with the operation before final Council action and the council had further discussion Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2010- 176, approving the Concession Agreement between Gartner Restaurant Holdings LLC and the City of Stillwater, with the addition of the security /damage deposit as suggested by Mayor Harycki and with the condition that City Administrator Hansen review and approve the documentation regarding sales and if Mr. Hansen does not feel comfortable with the sales figure the agreement be brought back to the next Council meeting for further consideration. Page 6 of 14 City Council Meeting November 16, 2010 Councilmember Polehna suggested having the figures reviewed by Mayor Harycki along with City Administrator Hansen. Councilmember Roush spoke in favor of tabling the motion until the next Council meeting. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: Councilmember Roush Possible ordering of feasibility report for 2011 Street Improvement Project Public Works Director Sanders reviewed the proposed 2011 street improvement project; he noted the streets proposed to be included in the project were selected based on the most recent pavement management study. On a question by Mayor Harycki, Mr. Sanders stated there is a list of potential mill and overlay projects that could be added depending on the bids received. Mayor Harycki asked about the possibility of the addition of streetlights and sidewalks on Amundson; Mr. Sanders stated that the Comprehensive Plan shows sidewalk or trail on Amundson Drive, but stated that staff would suggest getting input at a neighborhood meeting before making a decision. Mr. Sanders stated that sidewalk, but not streetlights, would be included in the feasibility study and costs and input be brought back to the Council with the feasibility report. On a question by Councilmember Cook, Mr. Sanders explained a "complete street program," a program that is intended to accommodate all users on all roads, which is currently the subject of a state study. Councilmember Cook asked whether such a policy might be worth looking into; Mr. Sanders stated that staff could look into that. Mayor Harycki asked whether proposed projects are reviewed by the traffic committee; Mr. Sanders stated that that has not been done in the past, as reliance has been placed on input received at the neighborhood meetings. Mayor Harycki suggested the time for considering traffic calming measures and other issues is prior to street reconstructions; Councilmember Cook stated that the complete street program includes consideration of such issues. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -177, Ordering Preparation of Report for 2011 Street Improvements (Project 2011 -02). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Parking Commission recommendation on rental of parking ramp spaces during the winter Community Development Director Turnblad reviewed the Parking Commission's recommendation to keep the parking ramp use in the winter as is — not allow private use of parking spaces. He stated that the Parking Commission was uncomfortable in opening up the use of the ramp to private residents during the winter until at least another season of use provides additional data. On a question by Councilmember Polehna, Mr. Turnblad responded that the question of providing additional spaces for residents of River Town Commons has been discussed by the Parking Commission on numerous occasion; he stated that the Commission has suggested possible reconfiguration of the River Town Commons private parking lot as Page 7 of 14 City Council Meeting November 16, 2010 an option and has also offered the use of the gravel parking lot for staff use. Council was in agreement with the Parking Commission's recommendation, and no action was taken. Possible approval of quotation for the Lily Lake Restrooms & Northland Park Warming House Improvements Public Works Director Sanders reviewed the bids for improvements to the Lily Lake restrooms and Northland Park warming house, with the low bids received from J.B. Contracting for both projects. He noted that funding would be coming from the Parks capital outlay fund. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -178, accepting quotes and awarding contract for improvements to Lily Lake and Northland Park Facilities. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to purchase DNR land Public Works Director Sanders noted that the DNR had auctioned off a portion of the Jackson Wildlife Management Area and subsequently sent a letter asking whether the City would be interested in purchasing a tract that had been split off from the property. He stated that the tract being offered to the City includes 3.4 acres along the eastern shoreline of the Jackson Wildlife Management Area; he stated that 1.6 acres is land area. He stated that the purchase price is $1, plus the deed tax and recording fee of $47.65. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -179, authorizes the purchase of Tract B of the Jackson Wildlife Management Area from the Minnesota Department of Natural Resources. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible first reading of Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater City Code, to include Administrative Offenses (1st Reading) City Attorney Magnuson noted the Council had discussed options for enforcement of the sign ordinance in the downtown area. He stated that it was suggested that perhaps, rather than making violations a misdemeanor, it might be better to utilize administrative fines as a method of enforcement. He indicated that an added benefit of using administrative fines is that such revenue comes primarily to the City, rather than going to the state. He stated that the amendment is a simple one sentence addition to the ordinance adding violation of sign regulations as enforceable under the administrative citations. Councilmember Cook noted the intent was not to produce revenue but to decriminalize the offense and provide another enforcement option. Motion by Councilmember Gag, seconded by Councilmember Cook, to have the first reading of Ordinance 1022. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 8 of 14 City Council Meeting November 16, 2010 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) City Attorney Magnuson stated that this amendment provides clarity to the language of the zoning code by changing the definition of "accessory use" to include both accessory buildings and accessory uses such as towers, windmills, etc. He indicated that this clarifies that height and other regulations apply to all structures, not just buildings. Motion by Councilmember Roush, seconded by Councilmember Gag, to approve the first reading of Ordinance 1023. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible rate increase for Sanitary Sewer City Administrator Hansen reviewed Finance Director Harrison's memo related to a possible increase in sanitary sewer rates. He indicated that the Metropolitan Council's charge to the City increases by about 3% each year, and the City has only raised rates one time in about the last 15 years. He noted that the 2009 financial audit recommended that the Council consider a rate increase to cover the deficit in the sanitary sewer fund. He reviewed the three options suggested by Ms. Harrison. He stated that both he and Ms. Harrison recommend option 2, which is a $1 increase in the quarterly base rate and $1 increase in the overage rate and which would have the most minimal impact on residents. Mr. Hansen pointed out the City has already been notified Met Council will be raising its rates by 3 %. Mayor Harycki questioned including depreciation in the amount of shortfall, referring to the impact of the proposed increase on a family of four; he suggested bringing this issue back in December with projections on what the Met Council's latest increase will do to the figures; Mr. Hansen stated that he would do that. No action was taken. Possible approval of proposal for services related to the Pedestrian Plaza Planner Pogge reviewed actions taken by staff subsequent to the Oct. 5 Council meeting, including an open house on Oct. 25. He reported that comments were generally favorable, with some critical comments received from property owners along the Commercial Street corridor. He indicated that staff is working to include those comments /concerns in the plan, and that what has been presented to date are concept plans only; he stated that staff will work with the individual property owners to make sure concerns are addressed as plans move from the concept to the design phase. He also stated access will remain open to the businesses during construction phase. He stated in addition to the open house, staff met with the IBA and CVB to discuss the project, as well as the Chamber and some event promoters; he stated that overall comments were very favorable. He reviewed the responses to the RFPs for services for the North Lowell Park plan and pedestrian plaza master plan and construction plans; he stated that staff reviewed the six responses and narrowed the list to the top three proposals and recommends the selection of Sanders Wacker Bergly team. He reviewed the reasons for the recommendation. Bill Sanders was present and introduced various members of the team; he spoke of the firm's previous experience with the City and the intent to be sensitive to concerns of local property owners. Page 9 of 14 City Council Meeting November 16, 2010 Mayor Harycki stated that he liked the concept of a pedestrian plaza but stated that he was not convinced this was the most crucial project for the City to do at this time; he stated that he thought the impetus for considering this was to do the North Lowell Park work in conjunction with the levee work. Community Development Director Turnblad noted the timing has to do with the levee design, as well as the Brown's Creek trail plans; he stated that there is the possibility the DNR can assist the City in finding grant monies and other funding sources to assist in constructing the restroom at the pedestrian plaza. Mayor Harycki asked about possibility of putting more effort into North Lowell Park but not have a finished product for the pedestrian plaza pending more information from the DNR. Mr. Turnblad responded that a meeting has been held with the DNR to discuss trails, the levee project, the amphitheatre and the pedestrian plaza and the DNR doesn't believe the projects will be in conflict but will complement each other. On a question by Mayor Harycki, Mr. Turnblad stated that projects can always be phased and staged. Mayor Harycki stated that he would not want to take off on a project without having all the feedback from the business community; Mr. Turnblad pointed out the contract under consideration is a planning contract, not a construction contract, and noted that the funding source expected to be used for this expires by the end of next year. Mr. Turnblad stated that staff believes all the planning can be done now; with everything constructed with the available revenue sources that will disappear if the City doesn't take advantage of them. City Administrator Hansen stated that the intent is to use TIF financing for a large portion of the project, some of which relate to the Stimulus Law changes of last year; he stated that staff is not considering special assessments to finance the project. City Attorney Magnuson pointed out that to utilize the financing source proposed, contracts would have to be let by the first of July 2011. Mayor Harycki stated that he was sold on the Lowell Park portion of the proposal, but expressed concerned about committing to the pedestrian plaza without knowing the cost or funding sources. On a question by Councilmember Polehna, Mr. Turnblad noted that the Lowell Park work, levee project and pedestrian plaza will all be tied together; Mr. Pogge reviewed the scope of the proposed contract — to develop a master plan for Lowell Park and the pedestrian plaza and how those elements tie together with the parking lot improvements and levee work being done by the Corps of Engineers, and development of more detailed plans to construction level. Councilmember Polehna pointed out a master plan has already been done for Lowell Park. Mr. Pogge stated the RFP called for looking at the existing plans and bringing them together in one unified document; he spoke of the necessity of bringing together the various elevations involved in the parking lot improvements, amphitheater and pedestrian plaza. Mr. Pogge stated that the intent is not to redo the Lowell Park plan. Councilmember Cook expressed concern about the financing and the potential costs; Mr. Pogge stated that final costs depend of details that will have be thought out and decided on in the planning process. Regarding funding sources, Mr. Pogge noted there is already money set aside for Lowell Park, along with TIF financing and the potential to transfer some funding from TIF districts for the remainder of the project. On a request by Councilmember Cook, Mr. Hansen reviewed the process of TIF funding; on a question by Mayor Harycki, Mr. Hansen stated property owners in the district would Page 10 of 14 City Council Meeting November 16, 2010 not see a tax increase because of the use of TIF, but could see a tax increase if the use of the TIF funds increased the valuation of their buildings /property. The owner of Larry's Floor Covering stated that he did not want his taxes to go up and stated that he thought his street looked great as it is. He stated that there are other options for connecting the parking ramp and the parks, rather than making the street (Commercial) a one -way street. He stated that he had been told previously that the street would be shut down for two months (during construction). He stated that the project would affect all the businesses on the street, would affect traffic not only on Commercial but on adjacent streets, as well as deliveries to surrounding businesses, such as Savories. He talked of other options for achieving the goal of getting people to the park, other than the proposed one -way street. Steve Genan, owner of the property at 210 N. Main St. and the property at 220 Commercial St., stated that improvements to Commercial as proposed would result in property tax increases that won't be offset by increases in revenue. He too talked of the use of the Commercial Street for commercial properties in the area. He stated that he would rather see the City spend money on cleaning up what it has now, rather than spend money to add more than it can't maintain. Christie O'Connor, co -owner of Larry's Floor Covering, who stated that she was speaking on behalf of other businesses in Stillwater, stated that taking away 26 parking spots in the parking lot behind the bookstore and the spots on Commercial Street would be a huge mistake and fiscally irresponsible. She stated that businesses on Main Street rely on that parking for their customers for ease and convenience of access. She suggested the money would be better spent along the river as that is what draws people to Stillwater, rather than spend the money on Commercial Street. She also stated that the proposal would make the traffic on Main Street worse and would discourage visitors and residents from coming downtown. She spoke of the business vacancy rate and suggested that it might go higher is this project is implemented. Margaret Cook, resident, stated that the Lowell Park portion of the project is fabulous, but stated that Commercial Street is important as it currently exists for the purpose it serves — to be a truck loading area. She also spoke of the current business vacancy rate in the downtown. She spoke of making the park improvements along the river a priority and leaving Commercial Street and the traffic flow alone. Mayor Harycki suggested a third option, constructing a permanent restroom and getting rid of the port-a- potties and cleaning up the area behind the gas station and tying that in to Lowell Park. Mr. Pogge stated that from a planning perspective, early plans identified the City as having a real issue with both physical and visual connections to the river, but stated that perhaps the focus could be narrowed to focus from Main Street to the park site. Mr. Pogge stated that plans presented to date have been to initiate a discussion, get feedback and address concerns /comments. Mayor Harycki stated that given the DNR's estimate that the City could have 300,000 bicyclists arrive in the City somewhere near the Valley Bookseller area, it makes sense to do something with a permanent restroom in that vicinity, with an information kiosk, and tying that to the parking ramp; he stated that he could see more emphasis on the area by the gas station and Valley Bookseller than Commercial Street. Mr. Pogge stated that that has been the intent -- to focus more on the pedestrian plaza feature between Main Street and Lowell Park. Page 11 of 14 City Council Meeting November 16, 2010 Councilmember Polehna suggested the misconception may be that the City definitely plans to implement the concept plans regarding Commercial Street. On a question by Councilmember Polehna, Mr. Pogge reviewed the components of the proposed contract: looking at the master plan for North Lowell Park and the pedestrian plaza and develop a unified plan for those, at a cost of about $14,800; boundary and topography survey related to the pedestrian plaza corridor; and development of construction plans and specifications for a project. Mr. Pogge stated that staff also included development of architectural plans for a restroom facility at a cost of $16,000 in the RFP; he stated that actual construction could be done in partnership with the DNR. Councilmember Cook asked whether improvements to South Lowell Park, discussed during the Council's retreat session, are a totally separate process. Public Works Director Sanders stated that there is specific money set aside for Lowell Park, $500,000, other money designated for the pedestrian plaza, $375,000, and the Corps of Engineers project, which will include grading of North Lowell Park and the amphitheater. Mr. Sanders stated that staff would recommend using some of the Lowell Park money to put in an irrigation system once the Corp does the grading in North Lowell Park. Plans for South Lowell Park, Mr. Sanders stated that it included installation of an irrigation system and reconstruction of the restroom there. Councilmember Cook stated that the comments she has been hearing suggest that perhaps the City doesn't need such grand plans and perhaps this should not be a priority project; she also suggested that previous plans didn't anticipate an economic downtown as has been experienced and stated that she doesn't see the City looking at things in that context again. City Attorney Magnuson spoke of the legislation that enables cities to use the TIF funding as proposed, an authority that expires in July of 2011, which is why this project is on the table at this time. Mayor Harycki stated that he understood the importance of tying the plans for the Corps' levee project to park elevations and the need for a restroom /information kiosk by the bookstore, but stated that he didn't think the Commercial Street plans were a priority. Councilmember Polehna spoke of the importance of planning for the future and the importance of having a plan in place should the DNR come in with a proposal for restroom s /trailhead. Councilmember Gag stated that from the discussion, it appears there is a shift in emphasis on the part of the Council and asked if there is a way to amend the proposed contract moving forward. Mr. Turnblad stated that numbers could be reworked by taking out any work related to the area west of Main Street, but stated that he didn't know if that would require going back to all six respondents to the RFPs; he stated that that could be brought back to the Council at its next meeting. Mr. Turnblad stated that staff could also provide a range of estimates for a project and funding sources. Mayor Harycki spoke in favor of scaling down the pedestrian plaza concept to include a restroom and visual corridor to the river, along with plans for the potential location of a trailhead and trail connection in the future. Councilmember Polehna spoke in favor on focusing on Lowell Park, with concept plans of how a plaza could connect to the park and where a bathroom and trailhead could be located in the future. Councilmember Roush stated that his only concern had been with Commercial Street west of Main and maintaining that as a business utility street. Page 12 of 14 City Council Meeting November 16, 2010 Mr. Turnblad asked for clarification as to whether the Council did or did not wish construction documents for any portion of a pedestrian plaza, as that would dramatically impact the scope of the RFP. Mr. Turnblad noted the DNR would not be putting in a trailhead in the middle of a downtown; he stated that there is a possibility it may assist the City in finding grant money for a restroom facility. Mayor Harycki stated that an estimate of the cost of the plaza is needed. Councilmember Cook stated that perhaps the Council is at the do -over point; Councilmember Gag suggested taking a step back. Mr. Turnblad stated that it appears the scope of the project needs to be re- examined; he stated that to be fair to the people submitting proposals, if the construction documents are eliminated, there might not be the interest shown to date. Mr. Turnblad also stated that if no TIF monies are involved, the City can take a bit more time because there will not be that deadline to consider. Councilmember Polehna stated that that the elevations need to be planned /designed so the projects can be tied together, but stated that he didn't think the actual buildings need to be designed at this point. Mr. Turnblad stated ground level improvements need to be designed so things done today don't have to be torn up later. Mr. Turnblad summed up the discussion as understanding the Council wants Commercial Street left alone other than being spruced up a bit and wants to do something between Main Street and the river; he stated that staff would look at options and determine whether proposals have to be sent out again. Possible approval of resolution authorizing the City participation in the St Croix River Bridge Crossing Coalition Mayor Harycki stated that he thought it would be appropriate to give formal recognition of the City's intent to participate in the previously discussed St. Croix River Bridge Crossing Coalition and pay the associated fee. He stated that the fee is $300, $500 or $800, but stated that he thought it is $500. He stated that the Coalition is now in the process of incorporating. City Administrator Hansen stated the Council had previously passed a motion to authorize Councilmember Gag to get involved with the Coalition group as the group began to get organized; Councilmember Gag noted that when he decided not to run for re- election it was agreed Mayor Harycki would serve on the group. Mr. Hansen stated that this resolution would solidify the intent to join the Coalition and pay the membership fees. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -180, authorizing the City participation in the St. Croix River Bridge Crossing Coalition and Payment of annual membership fee. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Property Management Contract Mayor Harycki noted this contract is for the two rental properties at the armory site. City Administrator Hansen suggested the City is ill- equipped to manage rental properties. As a result, he stated that he had conversations with several property management people and stated that he would recommend contracting with Judd Orff, who would receive one - half of the first month's rent and 5% of the gross monthly rent to cover ongoing Page 13 of 14 City Council Meeting November 16, 2010 management of the property; he stated that Attorney Magnuson would review the agreement/contract for services. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -181, accepting quote for approval of property management contract. Aye: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Gag, moved to adjourn at 10:25 p.m. All in favor Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk Resolution 2010 -171, directing payment of bills 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 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 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 Resolution 2010 -175, approving transfer of an On -Sale & Sunday liquor license to Rafters, LLC; DBA: Rafters, 317 Main Street S., Stillwater, MN. Resolution 2010 -176, approving the Concession Agreement between Gartner Restaurant Holdings LLC and the City of Stillwater Resolution 2010 -177, Ordering Preparation of Report for 2011 Street Improvements (Project 2011 -02 Resolution 2010 -178, accepting quotes and awarding contract for improvements to Lily Lake and Northland Park Facilities Resolution 2010 -179, authorizes the purchase of Tract B of the Jackson Wildlife Management Area from the Minnesota Department of Natural Resources Resolution 2010 -180, authorizing the City participation in the St. Croix River Bridge Crossing Coalition and Payment of annual membership fee Resolution 2010 -181, accepting quote for approval of property management contract Ordinance 1021, an Ordinance amending the Stillwater City Code Chapter 33, entitled Building Code by revising the safety barrier standards for swimming pools Page 14 of 14 STILLWATER CITY THE BIRTHPLACE OF COUNCIL CERTIFICATE OF APPRECIATION On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to eow J8`uRan" Of Bea',3 Q%W Shop (named in memo of &6 f aMex, Bea xueffaff) f" fib , 3upp&d of adewm anal actim data pwonnee 6* offming fiee meads to vetwum on `vet uum' lacy and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: December 7, 2010 MINNESOTA Stillwater & Oak Park Height C - - � - - _ _ $ Tax Inco Expen - Business E $ MA -- $ TV bsi e -- - - - $ -- - Radio Ads -- - - Prin Ads - - This includes being in the Explore MN publications, Mpls St. Paul Guidebooks, St. Croix Valley Guide, Bus side in Mpls, Art Reach Pub. Itineraries Midwest, MN Monthly, MN B & B -_ - - - $ Ad Designs - - , $ -- -- - - Pho tography Visit Guid - - - -- - - - -- -- We work with a PR firm that does press releases and media connections. This has resulted all the - - -- major TV outlets covering the Harvest Fest and Bike race, write-ups on all the Stillwater activities in local papers & Magazines, Stillwater's write -up this month in Midwest Living Mag. They have worked closely with Downtown to do press releases and schedule events - 2008 1 73720 - , ii 197 3,7 75 - 1 5,592 -- -- 7 895 - ---- -- - - - I- 50 _ - - '� -_ $ 0.1/' $ _ $ $ $ - -- $ i -- --- -- - $ $ - - -__ 2 009 � 2010 Dec 1 151,3 $ 12 5,453 1,745 1.2% 4,632 _ 6 309 $ 18 401 77,570 $ - 1,125 29,30 119 2 0 9,04 $ 5 6,481 -- __- — - -- � ' -- - - - - -- $ 1,359 - -- 5 ,000 �, $ 275 $ 3 ,200 2 5,000 $ 20,804 -_ - 3.7% 1 - - -. I j Co -op A ds / Grant $ 8,46 $ 54,830 $ 22 ,080 Co -op advertising are matching grants that we have done to promote Stillwater such as: Harvest Fest Hometown for the Holidays, Art on Main Fall Art Fair Stillwater Marathon, Lumberjack Days, Bike Race Stillwater Bed and Breakfast Group, Stillwater Theater Group - - - _- r - -- _ i _ - - - - - To tal Marketi _ 1 $ - - 39 - 22 6% $ 227 058 , ° 150.1 /o j $ 123,84 98.7% Tot Ex p• - - - _ $ $ 12847 , � (3,023) � 9,519 $ 2 28, + -- - _ Cash after exp. To carry forward $ 134,201 $ (77,501) Lodging Tax Income 2008 2009 2010 First Quarter Stillwater $ 23,670 $ 25,052 $ 20,852 Oak Park H $ 4,316 $ 4,893 $ 3,910 $ $ 27,986 $ 29,945 $ 24,762 Second Quarter Stillwater $ 41,572 $ 33,054 $ 36,407 Oak Park H $ 7,199 $ 7,371 $ 6,307 $ 48,771 $ 40,425 $ 42,714 Third Quarter Stillwater $ 55,764 $ 41,929 $ 48,220 Oak Park H $ 3,273 $ 8,787 $ 9,757 $ 59,037 $ 50,716 $ 57,977 Fourth Quarter Stillwater $ 31,427 $ 24,282 Oak Prk H $ 6,499 $ 4,919 $ 37,926 $ 29,201 $ - Total for the year $ 173,720 $ 150,287 $ 125,453 "'Rov 11 2010 9:29AM CUSTOMIZED 6514397068 p.2 ii`I71,I,L� rp'L'L:'!� t�C)AH 1'a R:I.0 IIYL`Fdll.'1": r. ?rivctaT�on a..., .•- wrrnaQ oiwa;<<.: November 10, 2010 Hello. Recently the Stillwater and Oak Park Heights Convention & Visitors Bureau, along with the cities of Stillwater and Oak Park Heights, were served with legal notice from the marketing firm, Mojo. I wanted to make you fully aware of the circumstances surrounding this unfortunate matter, and assure you that the CVB will work towards a quick resolution. In short, on March 25, 2010, representatives of the CVB met with Mojo, to review a marketing campaign proposal. After further discussion, the CVB board decided to proceed with the campaign at a gross cost of $40,000, as outlined in the proposal. In August, the CVB was made aware by Mojo, that the $40,000 was for media costs and that additional creative fees, etc. were an additional $26,800. The CVB feels that any costs over and above $40,000, were not clearly communicated during our initial discussions. The CVB has since met with Mojo, to discuss this matter, and have restated that it was our understanding the total cost of the campaign was to be approximately $40,000, and that we believe our financial obligation to Mojo for this campaign has been met. We are currently in the process of bringing this situation to legal counsel for opinion, and will act accordingly when received. We will keep you informed of the status of this matter, but should you have any questions please don't hesitate to contact myself or any member of the CVB board of directors. Sincerely, Steve Roll, CVB President 651- 343 -3281 11 2010 9:29AM CUSTOMIZED 6514397068 1:11 PM STILLWATER AND OAK PARK HEIGHTS CVB 11/0280 Profit & Loss Atxnml Sale January through October 2010 Jon -Oct 10 Ordinary lnco n&Tjq nas - income LODGING TAX INCOME Lodging Tax OPH 15,225.40 Lodging Tax Stillwater 81,641.50 Total LODGING TAX INCOME g8 786.90 Total Income 96,766.90 Expense Business Expenses Bank Service Charge 8,00 Suslnees Expenses - Other 20.00 Totes Business Expanses 28,00 MARKETING CO-OP 22.080.00 COntract Services Marketing 2,987.50 Jeer Fraldl Commuloatkms 20,000.00 Logo IAd design 1,359.25 Photograph 275.00 Print Ad 28,480.73 Radio Ads 119.00 TV Ad 1,126.36 Visitors Guide 3,200.00 websita 6,400.57 MARKETING - Other 40,803.96 Total MARKE`f1NG 126,831.36 OFFICE EXP. POSTAGE FULFILLMENT 530.83 OFFICE EXP. - Other 70.00 _ Total OFFICE EXP. 600,83 Operations Supplies 122.11 Telephone, Telecommunications 893.10 Total Operations 1,015.21 Total Expense 128,475.40 Net Ordinary Income - 31,708.60 Not Income - 31,708.50 P.3 Page 1 ORDINANCE NO. 990 AN ORDINANCE OF THE CITY OF STILLWATER ENACTED TO ESTABLISH A LOCAL LODGING TAX The City Council of the City of Stillwater does ordain: 1. PURPOSE In order to increase commerce and to provide for a vibrant City atmosphere - that will attract tourism and convention business to the City, it is essential that the City be marketed and promoted by a local convention and tourist bureau. 2. LODGING TAX ESTABLISHMENT In furtherance of that purpose, and pursuant to Minnesota Statutes §469.190, a tax of 3% is hereby imposed on the gross receipts generated within the City from the furnishing for consideration of lodging at hotels, motels, rooming houses, tourist courts or resorts, other than the renting or leasing of lodging for a continual period of 30 days or more. 3. COLLECTION Any person, corporation, partnership or association (Operator) that provides lodging to others must collect the tax at the time lodging charges are paid. The amount of tax must be separately stated from the lodging charges and held in trust for the City until remitted to the City. 4. PAYMENTS AND RETURNS The taxes imposed by this Ordinance must be paid by the Operator to the City quarterly not later than thirty (30) days after the end of the calendar quarter in which the taxes were collected. At the time of payment, the Operator must submit a return upon forms provided by the City. The return must contain the following minimum information: a. The total amount of rent collected for lodging during the period covered by the return. b. The amount of tax required to be collected and due for the period. C. The signature of the person filing the return or that of his agent duly authorized in writing. d. The period covered by the return. e. The amount of uncollectible rental charges subject to the lodging tax. The Operator may offset against the taxes payable with respect to any reporting period. the amount of taxes imposed by this Ordinance previously paid as a result of any transaction, the consideration for which became uncollectible, and exclude from charges subject to the tax, any person whose occupancy is beyond the power of the City to tax by reason of the federal law or international treaty. 5. EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS The City must, after a return is filed, examine the return and make any examination of the records and accounts of the person making the return deemed necessary for determining its correctness. The tax computed on the basis of the examination is the tax to be paid. If the tax due is found to be greater than that paid, the excess must be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess must be refunded by the City to the person who paid the tax within ten (10) days after determination of the refund. 6. FAILURE TO FILE A RETURN Subd. 1. If any person required by this Ordinance to file a return fails to do so within the time prescribed, or makes willfully or otherwise an incorrect, false or fraudulent return, upon written notice and demand, the person must file a return or a corrected return within ten (10) days of receipt of written notice and must at the same time pay any tax due. If a person fails to file a return or corrected return, the City must make a return or corrected -2- E return for the person based upon the knowledge and information and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by the return) must be paid within ten (10) days of the receipt of written notice and demand for payment. Any return or assessment made by the City is prima facie correct and valid, and the burden of proving to the contrary rests with any person in any action or proceeding in respect thereto. Subd. 2. Upon a showing of good cause, the City may grant an Operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this Ordinance, provided that interest during the period of extension must be added to the taxes due at the rate of eight (8) percent per annum. 7. PENALTIES. Subd. 1. If any tax imposed by this Ordinance is not paid within the time required for payment, or an extension, there must be added a penalty equal to ten (10) percent of the amount remaining unpaid. Subd. 2. If any person willfully fails to file any return or makes any payment required by this Ordinance, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat the tax or payment thereof, there must also be imposed as a penalty an amount equal to fifty (50) percent of any tax (less any amounts paid on the basis of the false or fraudulent return) found due for the period to which the return . related. The penalty imposed by this section must be collected as part of the tax and are in addition to any other penalties provided by this Ordinance. Subd. 3. All payments received will be credited first to penalties, next to interest and then to the tax due. -3- P Subd. 4. The amount of tax not timely paid, together with any penalty provided by this Section, will bear interest at the rate of eight (8) percent per annum from the time the tax,, should have been paid until payment is made. Any interest and penalty will be added to the tax. Subd. 5. In the event that any tax remains unpaid for 30 days after it is due, in addition to the right to institute legal action to collect the amounts due, the City may certify the tax, together with any penalty, interest and costs, to the County Auditor for collection with the real estate taxes. 8. EXAMINE RECORDS Persons acting on behalf of the City and authorized in writing by the City may examine the books, papers and records of any Operator in order to verify the accuracy of any return made or, if no return was made, to ascertain the tax as provided in this Ordinance. Every such Operator must give to the City the means, facilities and opportunity for examinations and investigations as are hereby authorized. 9. DISPOSITION OF PROCEEDS 95% of the proceeds must be used to fund a local convention and tourist bureau for the purpose of marketing and promoting the City as a convention and tourist center and for that purpose, the City is authorized to enter into an agreement with the Greater Stillwater Area Convention and Visitor's Bureau. 10. VIOLATIONS Any person who willfully fails to make a return by this Ordinance or who fails to pay the tax after written demand for payment, or who fails to remit the taxes Y collected or any penalty or interest imposed by this Ordinance after written demand for payment, or who refuses to permit the City's authorized agents to examine the books, records and papers under their control, or who willfully makes any incomplete, false or fraudulent return is guilty of a misdemeanor. -4- 11. APPEALS Subd. 1. Any Operator aggrieved by any notice, order or determination made by the City" under this Ordinance, except for the criminal penalties, may file a petition for review of such notice, order or determination. The petition shall contain the name of petitioner, petitioner's address and the location of the lodging subject to the notice, order or determination. The appeal must be first heard by the City Administrator. Appeal may be- made to the City Council by the aggrieved party filing a written notice of appeal with the City Clerk within ten (10) days after the Administrator's determination is made to the appellant. 12. EFFECTIVE DATE This ordinance will be in full force and effect from and after its.. date of publication and will establish the tax set forth in this ordinance upon gross lodging receipts generated beginning on January 1 st, 2008 and thereafter and, unless revived by action of the City Council, until December 31 st, 2010, when the tax will sunset by operation of law. , Adopted by the City Council of the City of Stillwater this 30th day of October, 2007. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER — i Ken arycki, Its Mayor -5- LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -182 1ST Line /Leewes Ventures LLC Concession Supplies 1,732.60 Abbott Paint & Carpet Black Paint 51.30 Ace Hardware Supplies 143.01 AI's Coffee Company Coffee Supplies for Concession 1256.35 Amdahl Locksmith, Inc. Chris Install Simplex Lock Server Room 155.00 Ancom Communication, Inc. Minitor V Nimh Battery Pack 86.57 Aramark Uniform Services Uniforms,Mats, Towels 1,458.68 Aspen Mills Uniforms 201.50 Automotive Service & Petroleum Equip Repair Oil Pump 213.48 Ballis John T. Background checks for part time on call Fire Fight 1,900.00 Board of Water Commissioner WAC Charges 1,244.00 Bonestroo Stillwater Boutwell Road Wetland Mitigation 1,200.00 Boyer Ford Trucks Filter 25.80 Brulin & Company Inc. Bio Zyme Block for Lift Stations 336.20 Bryan Rock Products, Inc. Ag Lime 129.42 Carlson Sports Marketing Sign for Turf Participation 267.00 Carquest Auto Parts Equipment Repair Supplies 403.08 Celski, Francis Reimbursement for Election Mileage 32.00 City View Electric, Inc. Annual Alarm Monitoring 2011 307.80 Clareys Safety Equipment Annual Extinguisher Service 26.72 Coca -Cola Bottling Company Concession Supplies 2,367.50 Comcast Internet 199.90 Cub Foods Concessions Supplies 98.51 Cummins NPower, LLC Control Assembly for Lift Station 747.06 Delta Dental Plan of Minnesota Dental Cobra 196.55 Emergency Automotive Technologies, Inc. Wing Plow 188.81 Emergency Medical Products, In Box of Nitrile Gloves 129.59 Fastenal Company Ideal Clamps 401.69 FBI - LEEDA 2011 Membership, Dues 50.00 Fiermoen, Nikki Reimbursement Parking Ramp Fee 3.00 Flexible Pipe Tool Co. Repair of Sewer Camera and Transporter 941.86 Fuhr Trenching Hydrant Install & Water Service Install 16,777.32 Fury Dodge Chrysler Repair Dodge Charger 288.28 Gartner Studios Reimbursement Overpayment Parking Permit 9.00 General Security Services Corp Alarm Monitoring Sery 12/1/2010- 2/28/11 81.09 Grainger Equipment Repair Supplies 285.01 Grand Prix Vending Concession Supplies 99.60 troth Peter Refund of Special Assessment duplicated 454.60 Harris Service Dehumidifier Blizzard Rink,Heater Repair 1,970.24 Helmer Printing, Inc. St. Croix Rec Update Flyer 21.38 Heritage Embroidery & Design Uniforms 1,938.00 Holiday Credit Office Fuel 39.34 Hotsy Equipment of Minnesota Installed Soap for truck wash bay 585.64 Hudson Ford Mercury Vehicle Repair Supplies 11.25 EXHIBIT " A" TO RESOLUTION #2010 -182 Page 2 IdentiSys ID Centre lite 6.5 329.98 L & D Sign Repaired Pressure Washing Switch 986.00 L.T.G.Power Equipment Repair Supplies 145.14 Lake Country Door, LLC Repair Entrance Door on Sign Shop 299.25 Lake Elmo Sod Farm, LLC Sod 12.34 League of MN Cities Insurance Trust LMCIT Claim 1,000.00 Lennar Family of Builders Grading Escrow Refund 27,500.00 Lighthouse Homebuilders Inc. Grading Escrow Refund 1,500.00 Mac Queen Equipment Inc. Equipment Repair Supplies 1,072.76 Menards Equipment Repair Supplies 1,370.58 Metropolitan Council Nov 2010 Monthly SAC 4,158.00 MN Dept of Labor & Industry Elevator Annual Operating Fees 100.00 MN Dept of Transportation Driving program 300.00 Musco Finance, LLC Capital Lease Payment Lighting Rec Outdo 11,927.00 Nardini Fire Equipment Service Fire Extinguisher 455.85 Natural Resource Group LLC Environmental Consulting Levy Wall 5,530.25 Newman Signs Street sign blanks 351.36 Northern Tool Chair Hoist Manual 67.65 Office Depot Office Supplies 493.16 OnSite Sanitation Unit Rental 70.80 Pioneer Manufacturing Co. Field Turf Pain 485.70 Professional Wireless Communications Repair Two Headsets & Radio 130.11 Proguard Sports, Inc. Pro Shop Supplies 340.75 R & R Specialties, Inc. Acrylic Plexi Glasss, Net Protector,Blade Sharp 1,081.02 Radio Shack Corporation AC Outlets Power 1 53.43 RCM Specialties Inc. Patching Service 3,900.00 R W Kirchner & Associates Appraisal Report Pedestrian Plaza 900.00 Schindler Elevator Corporation Repair Elevator Parking Ramp 725.11 Simplex Grinnell LP Contract 12/2010- 11/30/2011 430.71 Sprint Cell Phone 88.47 Sprint PCS Cell Phone 77.14 St. Croix Boat & Packet Co. November Arena Billing 55,906.40 St. Croix Tree Service Inc. Moved Trees 612.50 St. Joseph Equipment Equipment Repair Supplies 96.49 Stillwater & Oak Park Heights CVB 3rd Qtr 2010 Lodging Tax 48,220.32 Stillwater Towing Towing 660.67 Sun Newspapers Publications 210.92 T- Mobile Cell Phone 42.43 T.A. Schifsky & Sons, Inc. Fine Asphalt 905.53 Tessman Seed Co. - St. Paul Ice melt 467.58 Tri State Bobcat, Inc. Equipment Repair Supplies 1,045.28 USAble Life Term Life Insurance 403.20 Vento, Barbara Refund Credit Balance Utility Billing Acct. 234.40 Verizon Wireless Cell Phones 1,807.14 Wal Mart Community Supplies 23.52 EXHIBIT " A" TO RESOLUTION 42010 -182 Washington County Assessors Div Washington County license Center Washington County Transportation Watson Company, Inc. The Yocum Oil Company Zeuli, Christopher Zoller, Rob LIBRARY Ace Hardware Amdahl, Chris Baker & Taylor Baker & Taylor 2 Baker & Taylor Rental BWI Budget Lighting Comcast Cummins Npower Demco DeSteno, Deborah Highsmith Master Mechanical Midwest Tape Northwest Health & Safety Office of Enterprise Technology Quill Recorded Books Toshiba UPS Washington County Library Xcel Energy Page 3 Web Site Subscription 200.00 Tabs for Police Vehicle 11.25 Labor Hours & Fringe Traffic Service 42.61 Concession Supplies 160.12 Fuel 11,946.64 EMT Class National Registry Exam Fees 70.00 Fire Education Materials & Conference Exp 454.23 Janitorial Supplies 38.02 Lock Repair 129.00 Library Materials 3,196.33 Materials 68.12 Rental Collection 64.94 Children's Books 1,558.29 Lightbulbs 650.45 Telecommunications 49.90 Supplies & Service 325.70 Supplies 37.95 Professional Services 103.26 Bench 499.68 Maintenance Contract 941.25 Rental DVD's 95.51 Battery 250.00 Telephone 395.25 Office Supplies 254.69 Film Subscription 396.00 Maintenance Contract 31.62 Freight 81.50 Materials 815.00 Utilities 3,660.41 '�lW Administration Memorandum To: Mayor & City Council From: Diane F. Ward, City Clerk Date: 11/23/2010 Re: Change of Liquor License — Murasaki C & G Sukopp, LLC, DBA Murasaki, presently holds a On -Sale and Sunday liquor license; and have requested to change their license to a Wine with Strong Beer. They have already received approval for the On -Sale & Sunday liquor license and provided and received the necessary information for their 2011 liquor license. Staff recommends that the request to change their liquor license be approved. RESOLUTION 2010 -183 APPROVING THE LIQUOR LICENSE CHANGE FOR C & G SUKOPP, LLC, DBA MURASAKI WHEREAS, C & G Sukopp, LLC, DBA Murasaki, presently holds a On -Sale and Sunday liquor license; and WHEREAS, an application has been presented by C & G Sukopp, LLC, Gary Sukopp, to change their liquor license for their establishment from an On -Sale & Sunday to Wine with Strong Beer; and NOW THEREFORE, BE IT RESOLVED BY the Stillwater City Council that the request from C & G Sukopp, LLC, DBA Murasaki, to change their license from On -Sale & Sunday to Wine with Strong Beer is hereby approved. Adopted by the Stillwater City Council this 7 th day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ADOPTING DELINQUENT WATER BILL CHARGES PROJECT 0009 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent water bill charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, the following parcel constitutes the delinquent water bill charges and is hereby levied as an assessment against that parcel. Parcel Number Amount Parcel No. 28.030.20.41.0096 - $1,248.80 Parcel No. 33.030.20.32.0016 530.20 Parcel No. 33.030.20.32.0016 150.05 Adopted by the Stillwater City Council this 7th day of December 2010 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer ,T IV V DATE: December 1, 2010 RE: Wetland Conservation Act DISCUSSION Staff with the Washington Conservation District (WCD) has approached each municipality in Washington County with a request for an updated resolution regarding implementation of the Wetland Conservation Act (WCA). Administration of the WCA requirements generally involves reviewing and approving wetland requests by development applicants. The WCA administration entails approving wetland boundaries and reviewing requests for wetland impacts and replacements. There has been very little activity relating to WCA in recent years. The City currently has WCA jurisdiction and relies primarily on the WCD to manage the responsibilities. The City has two options regarding WCA implementation. The first option is to retain responsibility for implementing WCA within the City. By statute this requires maintaining knowledgeable and trained staff with expertise in water resource management. It entails being the lead agency on wetland requests, making decisions on wetland delineations and impacts, and following required administrative procedures. This option involves more responsibility and commitment from the City and also.gives the City somewhat greater authority. The second option for the City is to designate WCA administration to the WCD. This option relies on the staff and expertise of the WCD to approve wetland delineations and impacts and implement the administrative procedures. There would be no increased cost to the City to designate WCA implementation to the WCD. City staff would still be involved in the wetland review and approval process but would have less responsibility and authority. In either case the City would be involved in the WCA process and would rely heavily on the expertise of the wetland staff at the WCD. However, since the City is involved in a very limited number of wetland requests, it is recommended that the City designate WCA authority to the WCD since they have trained professionals who work with WCA on a regular and ongoing basis. RECOMMENDATION Staff recommends that council pass a resolution designating WCA authority to the WCD. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2010 -_, RESOLUTION REGARDING THE ADMINISTRATION OF THE MINNESOTA WETLAND CONSERVATION ACT. RESOLUTION 2010- A RESOLUTION REGARDING THE ADMINISTRATION OF THE MINNESOTA WETLAND CONSERVATION ACT WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires local government units (LGUs) to implement the rules and regulations promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling and excavation; and WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in accordance with the rulemaking provisions of Minnesota Statutes, chapter 14, for the purpose of implementing WCA; and WHEREAS, Minnesota Rules 8420.0200, Subpart 1, Item E allows a county, city, or town to delegate implementation of chapter 8420 and the act to another governmental entity by the passage of resolutions by both parties; and WHEREAS, both parties must provide notice to BWSR, the Department of Natural Resources, and the Soil and Water Conservation District of the delegation, including a copy of the resolution and a description of the applicable geographic area, within 15 business days of adoption of the resolution. THEREFORE, :BE IT RESOLVED by the City of Stillwater City Council that the authority and administrative responsibility to implement WCA as the LGU within the legal boundaries of the City of Stillwater is delegated to Washington Conservation District as of January 2011 in accordance with Minnesota Rules, Chapter 8420. AND the decision authority for replacement plan and wetland banking determinations are placed with the Washington Conservation District. AND, The Washington Conservation District will have decision authority for exemption, no -loss, wetland boundary and type and sequencing determinations. AND, appeal decisions will be heard by the City of Stillwater. Adopted this 7th day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memorandum To: Mayor City Council From: City Administrator Hansen Date: 12/1/2010 Re: Railroad Land Lease In December of 2000 the City of Stillwater assumed the Railroad's interest in a lease with St. Croix Boat Packet. Mr. Anderson was paying the railroad $6,180.00 per year. Since the City has assumed the lease it has been raised 2.5 -3.0% per year. Last year the bill was $7,766.85. If we add the 3.0% again this year the bill will be $7,999.86. It is recommend that St. Croix Boat Packet be charged $7,999.86 for the lease year of September 2010 September 2011. V MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: December 3, 2010 Subject: Met Council I/I Grant BACKGROUND This past year, $3 million was appropriated to the Met Council from the State Bonding Bill for capital improvement grants to reduce inflow and infiltration(M) into municipal wastewater collection systems. The bonding bill language required that only those cities included in the Met Council Environmental Services (MCES) excessive I/I program would be eligible for the grant. The City has been identified in this program since 2007. DISCUSSION The sanitary sewer that runs along Lowell Park does experience a fair amount of infiltration during high water events on the St. Croix River. The recent televising of the sewer line shows several locations of mineral deposits in the joints of the pipe, indicators and leaks and holes in the pipe where groundwater flows freely into the system. This infiltration increases the load on our pumps at the lift stations, which in turn increases the required maintenance. Also the costs to treat this added volume into our sanitary sewer is passed on to the City by the MCES. City staff has been working of the plans for the Downtown Sewer Lining Project. This project would line the sewer from the Nelson Street Lift Station to Elm Street with a smaller diameter pipe and would eliminate the amount of infiltration entering this system. Since the City is listed on the MCES Excessive I/I program, this project would be eligible to apply for the grant. According to the grant guide lines, sewer lining projects could be funded up to 50% of the construction costs, which is estimated at $350,000. Applications for the grant are due on December 15` to the Met Council, and since the funding for the grant was through the bonding bill an agreement is required that follow state guidelines. For the application submittal, a resolution is required by City Council that addresses three items: 1. Authorizes the City to enter to an agreement with the Met Council 2. Designates, myself as the authorized representative for the project 3. Submit a schedule and description of the project. APPROVING THE MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF STILLWATER WHEREAS, an agreement describing the City's participation in a grant agreement for funding of the capital improvement to public municipal wastewater collection system to reduce inflow and infiltration has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA 1. The City is are hereby authorized and directed to enter into an agreement with Metropolitan Council, Minnesota in the name of the City of Stillwater, MN to undertake the Inflow /Infiltration Municipal Grant Program and Project. 2. The City of Stillwater hereby agrees to the financial responsibilities as shown in Attachment IV of the agreement. 3. Shawn Sanders, Public Works Director is designated as an authorized representative for the Project and is authorized to provide certifications required in the agreement and submit pay claims for reimbursement of project cost. Adopted by the City Council this 7th day of December 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memorandum TO: Mayor and City Council FROM: Diane Ward, City Clerk /fl_t_ DATE: December 7, 2010 SUBJECT: Towing License — Stillwater Towing Stillwater Towing has submitted the required information and fee for their 2011 Towing License. RECOMMENDATION: With Chief Gannaway's approval, I recommend the issuance of the 2011 Towing License to Stillwater Towing. RENEWAL OF TOWING LICENSE FOR 2011 WHEREAS, Stillwater Towing, Inc., has requested renewal of a towing license for 2011; and WHEREAS, all forms and documentation have been received and fees paid; NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the towing license for Stillwater Towing, Inc. is renewed for the Year 2011. Adopted by unanimous vote of the City Council this 7th day of December, 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: Administration I Date: 12/3/10 DESCRIPTION OF REQUEST (Briefly outline what the request is) The building heating system uses 2 hot water recirculating pumps which are old and were not replaced when the boiler was replaced. We have 2 pumps for redundancy and had 1 pump repaired last year. However, the second one has failed. It's manufactured by a different company and both vendors could not find parts to repair it. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) If the one working pump fails, then we would have no heat in the building and the potential for water pipes freezing increases, as well as emergency work having to be performed to replace the pump. Corporate Mechanical cost is $4296.00 and would include one new pump assembly (base, pump and motor) along with minor pipe reconfiguration and labor. Johnson Controls cost is $9,240.00 and would include same as Corporate Mechanical but also include replacing the 2 pump shut off valves. These valves are used when maintenance has to be performed on the pumps. They are old but worked when we shut the flow off to the pump when it failed. ** To replace both pumps assemblies at this time would basically be double the cost quoted above. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rich Bornt (IT Technician) I Date: 12/3/10 RESOLUTION 2010 -189 ACCEPTING QUOTES FOR BUILDING HEATING HOT WATER PUMP ASSEMBLY WHEREAS, quotes were received for the replacement of the building's heating hot water pump assembly; and WHEREAS, quotes were received as follows: Corporate Mechanical $4,296.00 Johnson Controls $9,240.00 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the quotation from Corporate Mechanical in the amount of $4,296.00 be accepted and work completed. Adopted by the Stillwater City Council this 7 th day of December 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk il�Water Administration � Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 12/3/2010 Re: Issuance of a New On -sale & Sunday Liquor License As required, a public hearing must be held for any new liquor licenses. A liquor license application has been received from Stan Schmitt & Christopher Durant for a new On -Sale and Sunday liquor license for Durant Schmitt LLC, DBA: Stillwater's The Green Room located at 215 main Street S, Stillwater, MN (formerly Shane's on Main). 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 ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSE TO DURANT SCHMITT LLC, DBA: STILLWATER'S THE GREEN ROOM LOCATED AT 215 MAIN STREET S, STILLWATER, MN APPROVING THE ISSUANCE OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSE TO DURANT SCHMITT LLC, DBA: STILLWATER'S THE GREEN ROOM LOCATED AT 215 MAIN STREET S, STILLWATER, MN WHEREAS, an application has been received from Stan Schmitt & Christopher Durant for a new On -Sale and Sunday liquor license for Durant Schmitt LLC, DBA: Stillwater's The Green Room located at 215 main Street S, Stillwater, MN (formerly Shane's on Main); and WHEREAS, a public hearing on the issuance of a new liquor license was held on December 7, 2010; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of an On -Sale and Sunday Liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 7th day of December, 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk �i�lwa Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 12/3/2010 Re: Transfer of a New On -sale & Sunday Liquor License As required, a public hearing must be held for any transfers of liquor licenses. A liquor license application has been received from Monique Hammer for the transfer of On -Sale and Sunday liquor license from DJ Companies of Stillwater, DBA: Ruby Begonia's to Monique's LLC, DBA Pub Monique, 112 Main Street N, 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 NEW ON -SALE AND SUNDAY LIQUOR LICENSE FROM DJ COMPANIES OF STILLWATER, DBA: RUBY BEGONIA'S TO MONIQUE'S LLC, DBA PUB MONIQUE, 112 MAIN STREET N, STILLWATER, MN APPROVING THE TRANSFER OF A NEW ON -SALE AND SUNDAY LIQUOR LICENSE FROM DJ COMPANIES OF STILLWATER, DBA: RUBY BEGONIA'S TO MONIQUE'S LLC, DBA PUB MONIQUE, 112 MAIN STREET N, STILLWATER, MN WHEREAS, an application has been received from Monique Hammer for the transfer of On -Sale and Sunday liquor license from DJ Companies of Stillwater, DBA: Ruby Begonia's to Monique's LLC, DBA Pub Monique, 112 Main Street N, Stillwater, MN; and WHEREAS, a public hearing on the issuance of a new liquor license was held on December 7, 2010; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of an On -Sale and Sunday Liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 7th day of December, 2010. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk CITY OF STILLWATER 2011 Truth -in- Taxation Budget Hearing Larry D. Hansen City Administrator /Treasurer 2011 Budget • The City of Stillwater provides a wide range of services including: — Police & Fire protection — Inspection, Planning — Street Maintenance, Engineering — Administration, Elections — Finance — St. Croix Valley Recreation Center and Lily Lake Ice Arena — Library — Parks — Sanitary Sewer & Storm Sewer — Signs & Lighting — Parking 2 2011 Budget • The majority of the revenue to support these programs comes from: — Property Taxes — User Fees for services 3 2011 Proposed Operating Miscella 3 Property Taxes 1% Revenue* v��a�aca NMI Services 22% Revenue Type Property Taxes Franchise Fees Licenses /Permits ernmental for Services Forfeits neous Total inchise Fees 4% Licenses /Permits 3% Includes General Fund and budgeted Special Revenue Funds, excludes Capital Outlay Proceeds and Interfund Transfers Amount $ 7,066,172 426,000 377,200 493,424 2,536,575 100,100 291,900 $ 11,291,371 0 2010 Adopted Operating Revenue* Pronertv Taxes ineous Total: ichise Fees 4% /Permits J /Q Includes General Fund and budgeted Special Revenue Funds, excludes Capital Outlay and Interfund Transfers Revenue Type Property Taxes Franchise Fees ' , s /Permits fernmental s for Services . Forfeits Amount $ 6,801,532 430,000 369,520 681,221 2,591,920 130,900 308,400 $ 11,313,493 5 Miscellaneous 23% Intergovernmental 3% 6% Revenue Trends (LGA and Property Tax Levy *) $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 ■ Local Government Aid N Operating Levy *Operating Tax Levy ONLY-Does NOT include Debt Service Tax Levy 2011 Proposed Operating Expenditures* 2011 Oaeratina Expenditures Mayor & City Council $ 79,256 Elections 4,230 MIS Support Services 179,532 Finance 375,592 Administration 457,333 Law /City Attorney 277,116 Plant/City Hall 140,123 Community Development 260,940 Unallocated 734,732 General Government $ 2,508,854 Culture & 3 Public Works 11% ifety 36% Police $ 2,632,885 Fire 1,054,126 Inspection 246,889 Civil Defense 2,911 DARE 500 Public Safety $ 3,937,311 Engineering $ 348,437 Streets 830,377 Wash Co Recycling Grant 36,050 Public Works $ 1,214,864 Special Events $ 98,300 St Croix Valley Rec Center 1,293,749 Library 1,124,109 Parks 701,635 Culture & Recreation $ 3,217,793 GRAND TOTAL $ 10,878,822 General Government ( 0 * Includes General Fund and budgeted Special Revenue Funds 7 Excludes Capital Outlay and Interfund Transfers 2010 Adopted Operating Expenditures* Culture & Recreation Pu General Government ifety 36% 2010 Oneratina Expenditures Mayor & City Council $ 83,621 Elections 41,814 MIS Support Services 174,241 Finance 366,964 Administration 507,508 Law /City Attorney 267,026 Plant/City Hall 159,704 Community Development 256,870 Unallocated 614,690 General Government $ 2,472,438 Police Fire Inspection Civil Defense DARE Public Safety Engineering Streets Wash Co Recycling Grant Public Works $ 2,625,122 1,096,673 238,574 2,913 1,500 $ 3,964,782 $ 340,143 1,006,832 34,050 $ 1,381,025 $ 98,300 1,275,061 1,131,376 717,272 $ 3,222,009 $ 11,040,254 Special Events St Croix Valley Rec Center Library Parks Culture & Recreation GRAND TOTAL * Includes General Fund and budgeted Special Revenue Funds Excludes Capital Outlay and Interfund Transfers LoN 2011 Operating Expenditures as Compared to 2010 2011 Or)eratina Exnen tures Mayor & City Council $ 79,256 Elections 4,230 MIS Support Services 179,532 Finance 375,592 Administration 457,333 Law /City Attorney 277,116 Plant/City Hall 140,123 Community Development 260,940 Unallocated 734,732 General Government $ 2,508,854 Police $ 2,632,885 Fire 1,054,126 Inspection 246,889 Civil Defense 2,911 DARE 500 Public Safety $ 3,937,311 Engineering $ 348,437 Streets 830,377 Wash Co Recycling Grant 36,050 Public Works $ 1,214,864 Special Events $ 98,300 St Croix Valley Rec Center 1,293,749 Library 1,124,109 Parks 701,635 Culture & Recreation $ 3,217,793 2010 Oneratina Expenditures Mayor & City Council $ 83,621 Elections 41,814 MIS Support Services 174,241 Finance 366,964 Administration 507,508 Law /City Attorney 267,026 Plant/City Hall 159,704 Community Development 256,870 Unallocated 614,690 General Government $ 2,472,438 Police $ 2,625,122 Fire 1,096,673 Inspection 238,574 Civil Defense 2,913 DARE 1,500 Public Safety $ 3,964,782 Engineering $ 340,143 Streets 1,006,832 Wash Co Recycling Grant 34,050 Public Works $ 1,381,025 Special Events $ 98,300 St Croix Valley Rec Center 1,275,061 Library 1,131,376 Parks 717,272 Culture & Recreation $ 3,222,009 9 GRAND TOTAL $ 10,878,822 GRAND TOTAL $ 11,040,254 PROPERTY TAX REVENUE NEEDED (LEVY) 10 Proposed Actual Increase 2011 2010 (Decrease) General Tax Levy $ 6,523,288 $ 6,479,727 $ 43,561 PERA Sepcial Levy 171,974 163,351 8,623 Unalloted Aid & Credits Levy 247,910 81,954 165,956 Debt Service Tax Levy 3,215,195 3,385,158 (169,963) Total Tax Levy $ 10,158,367 $ 10,110,190 $ 48,177 10 Significant 2011 Budget Impacts • No LGA included in Budget • No MVHC included in Budget • 19.26 %increase in health insurance rates ... $80,480 increase on budget • $25,000 reduction in seal coating • $85,000 included in Debt Service for purchase of land for Armory Note: Still in a hiring freeze Still in a capital purchase freeze 11 Number of City Employees Full Time Equivalents 100.00 90.00 80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00 0.00 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 12 Function /Program Data Function /Program Public Works Streets (miles) Culture & Recreation Park Acres Soccer Fields Softball Fields Tennis Courts Sanitary Sewer Collection System (miles) Storm Sewer Pipe (miles) 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 77.21 80.50 82.45 83.07 83.76 84.62 84.70 84.82 89.70 89.70 89.70 230 470 477 516 516 516 540 570 570 576.4 576.4 3 3 3 3 3 3 5 6 6 7 7 8 8 8 8 8 8 10 10 11 13 13 9 9 9 9 12 12 12 12 12 12 12 79.21 80.84 83.25 83.54 84.16 86.00 86.22 86.78 87.65 87.65 87.65 25.56 28.08 29.80 31.31 32.58 33.00 33.48 34.91 72.00 77.80 80.80 Data obtained from the City's 2008 & 2009 Comprehensive Annual Financial Statements 13 Certified & Unalloted LGA & MVHC 1,600,000 1,400,000 1,200,000 1,000,000 800,000 g ill 111 400,000 200,000 2008 2009 2010 2011 ■ Certified LGA & MVHC Unalloted LGA & MVHC Year Certified LGA Unalloted LGA 2008 455,942 227,971 2009 749,238 359,402 2010 1,012,574 837,994 2011* 1,173,903 1,173,903 Certfied Unalloted Year MVHC MVHC 2008 352,400 176,220 2009 353,549 0 2010 372,649 372,649 2011 * 372,649 372,649 * 2011 Certified LGA is the actual amount certified by the MN DOR. The Unalloted LGA, the Certified MVHC and the Unalloted MVHC are projections of what the City may be allocated to receive /unalloted. 14 PROPERTY TAX RATE Formula: City Levy : Taxable Tax Capacity = City Tax Rate Calculation of Payable 2011 Property Tax Levy: City Budget: Governmental Funds Budget $ 13 Debt Service Proposed Budget Total City Budget: Less Non - Property Tax Revenues Certified Levy Less Fiscal Disparity Contribution 3,215,195 $ 16,396 6,238,143 $ 10,158,367 1,167,099 City Levy $ 8 City Taxable Tax Capacity $ 17 City Tax Rate (Proposed) 52.594% 15 City Property Tax Rates (last 10 years 60% 50% 40% 30% 20% 10% 0% 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 16 Individual Parcel Tax Calculation City Property Tax Calculation for Payable 2011 Taxable Market Value $100,000 $150,000 $250,000 $500,000 $750,000 Parcel Tax Capacity: First $500,000 @ 1.00% Over $500,000 @ 1.25% Total Tax Capacity: City Tax Rate City Property Tax 1,000 1,500 2,500 5,000 5,000 0 0 0 0 3,125 1,000 1,500 2 5,000 8,125 52.594% 52.594% 52.594% 52.594% 52.594% $525.94 $788.91 $1,314.85 $2,629.70 $4,273.26 Note: Property Tax calculations do not include reduction for homestead credit 17 Assumes a increase in market value from 2010 to 2011. (D) (E) (F) (G) (H) (1) Actual Pay 2010 Pay 2004 MV X 0.950 Taxing Total Taxing Taxing Taxable Estimated Tax District rate as % of total rate: District Mkt Value District District Market Tax Gross Hstd share of Net Value Capacity Tax Credit Credit Tax Actual Pay 2010 Pay 2004 MV X 0.950 500,000 @1.0% rem @ 1.25% (A7 x E) + (Al2 X D) 76,000 @.40% - rem@.09% (G) x % (F) - (H) Estimated Tax District rate as % of total rate: 50 " 50`' . 107,500 1,075 $531.39 $275.65 $137.83 $393.56 161,300 1,613 $797.34 $227.23 $113.62 $683.72 268,800 2,688 $1,328.73 $130.48 $65.24 $1,263.49 537,600 5,470 $2,703.93 $0.00 $0.00 $2,703.93 806,500 8,831 $4,365.34 $0.00 $0.00 $4,365,34 Proposed Pay 2011 Pay 2004 MV X 0.950 500,000 @1.0% rem @ 1.25% (B7 x E) + (612 x D) 76,000 @.40% - rem@.09% (G) x % (F) - (H) Estimated Tax District rate as % of total rate: 50`' . -7.0% 100,000 1,000 $525.94 $282.40 $141.20 $384.74 150,000 1,500 $788.91 $237.40 $118.70 $670.21 250,000 2,500 $1,314.85 $147.40 $73.70 $1,241.15 500, 000 5,000 $2,629.70 1 $0.00 $0.00 $2,629.70 750, 000 1 8,125 $4,273.26 1 $0.00 $0.00 $4,273.26 Proposed Payable 2011 City Property Tax Impact Worksheet Property Tax calculations include reduction for homestead credit Note: Information provided by Washington County M $ Change from 2010 to 2011 Percentage Change from 2010 to 2011 i.0` /o - 7.0 -1.0 'o 2.4% 2.4% -2.2°/ ($8.82) -7.0% -7.0% -1.1% 4.5% 4.5% -2.0°/ ($13.51) -7.0% -7.0% -1.0% 13.0% 13.0% -1.8°/ ($22.34) -7.0% -8.6% -2.7% 0.0% 0.0% -2.7 °/ ($74.23) -7. -8.0% -2. 0.0%1 0.0% -2.1 °/ ($92.08) Note: Information provided by Washington County M City of Stillwater Thank you for coming Questions ? ?? ADOPTING THE FINAL BUDGET FOR THE YEAR 2011 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the final budget appropriations for the year 2011 are for the following funds as follows: Appropriations General Fund $ 9,629,721 Special Events Fund 98,300 St Croix Valley Recreation Center Fund 1,607,000 Library Fund 1,114,109 Parks Fund 701,635 Washington County Recycling Grant Fund 36,050 DARE Fund 500 $ 13,187,315 Adopted by the Council this 7 th day of December 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ADOPTING THE FINAL TAX LEVY FOR THE YEAR 2011 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $10,158,267 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota collectible in 2011 for the following purposes: FUND # Current Required Lew AMOUNT GENERAL TAX LEVY: 100 General Tax Levy $ 6,523,288 SPECIAL LEVIES: DEBT SERVICE TAX LEVY: 304 G.O. Capital Outlay 2004B 108,308 305 G.O. Capital Outlay 2005A 228,979 307 G.O. Capital Outlay 2007A 195,464 308 G.O. Capital Outlay 2008A 214,896 309 G.O. Capital Outlay 2009A 219,503 311 G.O. Capital Outlay 2011 85,000 315 G.O. Capital Outlay 2005B 276,686 316 G.O. Capital Outlay 2006A 574,893 319 G.O. Capital Outlay 2009B 138,653 329 G.O. Capital Outlay 2009D 755,672 340 G.O. Improvement Bonds 2004A 295,832 385 G.O. Sports Center 2005C 121,309 Total Debt Service Tax Levy $ 3,215,195 PERA EMPLOYER CONTRIBUTION RATE INCREASE: 100 Special Levy $ 171,974 2010 UNALLOTTED AIDS AND CREDITS 100 Special Levy $ 247,910 TOTAL 2011 PROPOSED TAX LEVY $ 10,158,367 Adopted by the Council this 7 th day of December 2010. ATTEST Ken Harycki, Mayor Diane F. Ward, City Clerk 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 3 1 -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. 3 1 -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 ORDINANCE 1024 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 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. 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 7th day of December, 2010. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F.Ward, City Clerk TO: City Council FROM: Michel Pogge, City Planner DATE: December 1, 2010 CC MEETING: December 7, 2010 RE: Parking Ramp Video System Base Parking Ramp Video System The City solicited and received bids for a video surveillance system at the parking ramp. The bid required pricing for: 1) Base Bid that includes the head end equipment (in the back room) and 16 cameras that cover the stairwells, lobby, and entry gates 2) 13 additional cameras that cover the drive lanes within the ramp 3) Installing cabling that would support a future wireless connection between the Ramp and City Hall. The prices were as follows: Company Base Price 13 Additional Cameras Antenna Cabling UHL $ 30,937.00 $ 22,219.00 $ 495.00 AlphaVideo $ 32,849.00 $ 22,173.07 $ 587.00 GSSC $ 33,798.00 $ 24,605.00 $ 1,902.00 VTI $ 35,940.33 $ 23,339.69 $ 534.38 Parsons $ 36,885.00 $ 21,345.00 $ 904.00 UHL had both the lowest base price as well as the lowest total price for the base bid, additional cameras and antenna cabling. Staff called five of the references provided by UHL. Each of the references spoke highly of UHL related to their service, commitment to their product post installation, and overall pricing. Staff sees no reason not to award a contract to UHL. Related to what the system will cover in the ramp, the 16 cameras in the base equipment will cover public areas within the lobby, stairwells, and vehicular entryways but not any of the parking areas themselves. The 13 additional cameras will cover the parking areas and main drive lanes within the ramp. Parking Ramp Video System December 1, 2010 Page 2 Construction Management Since this is a specialized system, the City hired Paulson & Clark Engineering to develop the plans and specifications for the system. Overall the City has been pleased with their work and guidance in helping the City select the right equipment for the job. As we move to install the equipment staff believes that retaining Paulson & Clark Engineering, Inc as a construction manager for the installation of the parking ramp video system would be in the city's best interest. They have proposed to oversee the equipment installation at an hourly rate with the total cost not to exceed $2,700.00. Other Equipment To save money, the City is going to purchase the network switch independently. This will result in a savings of approximately $580.00 versus purchasing it through UHL. Parking Commission Action The Parking Commission discussed the bids and there was a lengthy discussion on whether to install 16 or 29 cameras. Ultimately the Commission elected to proceed with the 16 cameras in the base package since most of the incidents up to this point have been limited to the lobby, stairwells, and vehicular entryways and not the parking areas themselves. A motion was made and seconded to approve UHL's bid of $30,937 for 16 cameras. The motion passed in a unanimous voice vote. The Commission discussed using Paulson & Clark Engineering, Inc as a construction manager for the installation of the parking ramp video system at a cost of $2,700.00. A motion was made and passed in a unanimous voice vote by the Commission. Staff Recommendations 1. Enter in to a contract with UHL for the base price equipment for the Municipal Parking Ramp Video Surveillance equipment in the amount of $30,937.00. 2. Exercise the option with Paulson & Clark Engineering to act as the construction manager for the installation of the parking at an hourly rate not to exceed $2,700.00. 3. Authorize staff to purchase a 24 port network switch from Loffler in the amount of $2,341.17 which includes the price of the switch, installation costs and sale tax. Rzcl� k q 11'1�' 14 l ater T BIRTHPLACE OF MINNES01A STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this 7th day of December 2010 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") UHL Company, Inc., 9065 Zachary Lane North, Maple Grove, MN 55369, (hereinafter called "Contractor "). 1. The Work. The Contractor agrees to supply the base price equipment, install the base price equipment, and provide other services for the video surveillance system in the City of Stillwater Municipal Parking Ramp located at 200 Second St N, Stillwater, MN 55082 according to plan and specification documents provided to the Contractor dated October 27, 2010. All work will be done in a workman-like manner and materials will be fit for the purpose. 2. Rate of Compensation. The compensation to the contractor for the base price equipment and its installation shall be $30,937.00. 3. Payment. The vendor shall provide an invoice to the City which payments can be made from. The City will pay 90% of the contract amount within 30 days after final installation of equipment. The City will retain 10% of the total bid amount to ensure the proper installation and operation of the equipment. The City will pay the final 10% of the contract amount within 90 days after final acceptance of the equipment by the City. 4. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work. 5. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 6. Insurance. Contractor agrees that in order to protect itself and the City under indemnity provisions set forth above, it will at all times during the term of this contract, keep in force policies of insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Contract and to name the City as an additional insured on their policy " as their interest may appear" for the entire term of the contract. 7. Completion Date. The equipment shall be installed and operational by no later than April 1, 2011. IN WITNESS WHEREOF, the parties have set their hands this 7th day of December, 2010. CITY OF STILLWATER By: Ken Harycki, Mayor im- Diane F. Ward, City Clerk STATE OF MINNESOTA ) )SS. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of , 2010 by Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public Commission Expires: Commissioned At: CONTRACTOR UHL Company Inc. By: Qar� t Jackso Title: 0 FO STATE OF MINNESOTA ) ) ss. COUNTY OF Hennepin ) The foregoing instrument was acknowledged before me this 1st of December , 2010 by Paul Jackson ,its CFO , for Uhl Company, Inc. DIANNA K LINDBERG �!�[ Notary Public Minnesota Notary Public My Commission Expires January 31 2015 Commission Expires: 01 /31/ 2015 Commissioned At: Hennepin County APPROVAL OF THE AGREEMENT BETWEEN UHL COMPANY, INC. AND THE CITY OF STILLWATER FOR A VIDEO SURVEILLANCE SYSTEM IN THE MUNICIPAL PARKING RAMP BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with UHL Company Inc. and the City of Stillwater for video surveillance system in the municipal parking ramp 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 7th.day of December, 2010. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk • 1101 East 78th Street * Bloomington, MN 55420 Phone: 952-285-2155 * Fax: 952-925-6853 Bill To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, 'MN 55082 Phone: 651 - 430 -8804 Fax 651 -430 -8809 Contact: Jeff Gullickson Email: jullickson@loffier.com Q UOTE Date Quote # 12/02/10 JQLGQ Ship To: City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Phone: 651 -430 -8804 Fax: 651- 430 -8809 Terms Rep P.O. Number Ship Via Net 10 days jeffg Ln -# Qty "Descrip _ ��� Unit Pnce Ext. Price 1 1 Exem x250 - 8 0 /100BA E- with PoE, 2 gabit kmb orts (2 $3; unr lated giga it SFP and 100/1000BA - T), 2 Sack Stac f ports, meXOS E e license, PSU, r for — — .EP -C ekternal edu dant po r stem asst (requi 600LS) _ 2 1 Extreme x250e -24 10 /100BASE -TX with PoE, 2 gigabit combo ports (2 $1,937.94 $1,937.94 unpopulated gigabit SFP and 10 /100 /1000BASE -T), 2 SummitStack Stacking ports, ExtremeXOS Edge license, 1 AC PSU, connector for EPS -500 external redundant PSU _a.._._ art Number 15.105 3 N Labor charges not inlcuded, but estimated at 2 hours at $135.00 per hour. Total Investment $5,040.59 Sakes Tax Calculated on Invoice I Shipping $0.00 j Total $5,040.59 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, Page 1 1 \ 1� One Page Summary November 2, 2010 Project Background Information: 1) Stakeholder and public involvement processes yielded a 2006 Supplemental Final Environmental Impact Statement (SFEIS) which contained; the Preferred Alternative Package of a new river crossing location, an extradosed bridge design, roadway approach designs in MN and WI, a mitigation package and the future use of the Lift Bridge as a bicycle /pedestrian facility. The SFEIS can be found at http: / /www.dot. state.mn.us /metro /prroi ects /stcroix /docs /sfeis.html. 2) Sierra Club sued National Park Service (NPS) and Federal Highway Administration (FHWA) in 2007 — for details of the complaint, see http://www.dot.state.m:n.us/.metro/projects/stcroix/status.html 3) Federal District Judge Davis ruled in March 2010 — FHWA complaints were dismissed. Judge vacated NPS's Section 7(a) in the SFEIS and NPS was to re- evaluate their Section 7(a). 4) NPS's re- evaluated Section 7(a) was issued 10 -15 -10 and can be found at http : / /www. dot. state. mn.us /metro /projects /stcroix /docwne:nts. htm.l 5) NPS reviewed project, due to direct and adverse effects to the scenic and recreational qualities, they will not approve project (this is a reversal of the NPS position since 2000). None of the other federal agencies can approve or assist in the project either because of the NPS determination. Congressional approval is needed for the project to move forward. Until Congressional approval of the project is granted, MnDOT will suspend certain activities such as right -of -way acquisition, the relocation of the Shoddy Mill and Warehouse buildings, a load testing program for the new river bridge, water quality permitting, and final roadway design activities. Work will continue on some project activities that are close to being completed; such as, the Scenic Overlook Management Plan, the Stillwater Cultural District Illustrative Study, project animations, the preliminary design of the new river bridge and project communication efforts. For complete St. Croix River Crossing Project details, go to http: / /www.dot.state.mn.us /metro /projects /stcroix /index.html A Lift Bridge Maintenance Project for the fall of 2012 is being planned to repair a number of existing problems with the lift bridge. The Stillwater Lift Bridge will potentially need to be closed for a portion of the project timeframe during the fall of 2012 to complete this work. �e Section 7(a) Process Administered by the National Park Service Step 1: Based on the legislative history, describe the values for which the river was established. Step 2: Secretary of the Interior's designee evaluates the effect of the project on the values for which the river was established. Step 3: Secretary of the Interior's designee makes Section 7 (a) determination, either no direct and adverse effect or direct and adverse effect. Step 4: If no direct and adverse effect, proceed with project. If direct and adverse effect, modify project to eliminate impacts. Section 4(f) Process administered by the Federal Highway Administration Examples of 4(f) resources include: Lower St. Croix national Scenic Riverway Kolliner Park Aiple property Stillwater Commercial Historic District Stillwater Lift Bridge Other identified cultural resources Section 106 Review Process Administered by the Advisory Council on Historic Preservation Step 1: Identify historic properties. Step 2: Assess effects. Step 3: Consult with the State Historic Preservation Office to avoid harm or mitigate adverse effects. Step 4: Comment by the Advisory Council on Historic Preservation. Step 5: Proceed with the project. November 8. 2010 St. Croix River Crossing Project -- Mn /DOT suspension strategies given NPS s Section 7(a) Sri dated 10 -15 -10 Action to be taken: Continue Suspend Congressional Action because of NPS's Section 7(a) X SFEIS X Staff Approved Layout X Mitigation Implementation (remaining "Before Construction" items): Lift Bridge Conversion Project -- CatEx development X Lift Bridge Stabilization Project -- CatEx development-FY 13 X Shoddy Mill & Warehouse Relocation X Scenic Overlook mgt plan -85% complete X SCLD illustrative study - 80% complete X Design Activities: 17V'l Roadway: Construction limits development, Utility Coordination X Layout Flap for r/r crossing - Staff Approval - complete signature process X New River Bridge: Load Testing Program X Peer Review of Cost Estimate X Amendment to PB Americas for Preliminary Bridge Plan/VQM X Partnership Agreement amendment for D -B -B X Purchase of R/W between TH 95 and the river X Permitting: WQMAC mtgs with permitting agencies - every other month X Other Project Issues: Coalition/Advocacy Group meetings X Innovative Financing Feasibility Study X Project Management Plan X Financial Plan X Monthly Reports X Annual Reports - req'd by MOA X LWD updates X TPCE updates X STIP Info X PPMS scheduling development/maintenance X Website Maintenance X Animations - complete for congressional needs X Project Staff Team monthly mtgs - reduced attendance X Oversight Team monthly mtgs X Executive Team mtgs X Proactive Communication Plan X Citizen Responses X Press Interviews X Constant Contacts Responses X Community & Business Responses X Politician Responses X Consultant Needs/Funding Planning X HPP and state funding tracking/status X MnDOT &WisDOT Partnership Agr.- develop. /maintenance /planning X filename: stcroix- suspension- strategies- 10- 25- 10.xis Washington BOARD AGENDA Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 ***PLEASE NOTE CHANGE IN DATE AND TIME*** DECEMBER 9, 2010 - 6:00 P.M. 1. 6:00 Roll Call Pledge of Allegiance 2. 6:00 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 redundanx 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. 6:10 Consent Calendar — Roll Call Vote 4. 6:10 General Administration — Jim Schug, County Administrator A. Public Budget Meeting on the 2011 Proposed Budget B. Washington County's 2011 Legislative Agenda C. Revised Project Evaluation Criteria and New Funding Guidelines for the Land and Water Legacy Program D. Revisions to Policy No. 1032, County Fee Schedule 5. 7:35 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. 7:55 Adjourn ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES" ( "Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee December 6 -8 Association of Minnesota Counties Annual Conference December 8 Metro Library Service Agency December 8 Minnesota Inter -County Association December 9 Audit Committee December 9 Metro TAB Policy Committee December 9 Gateway Corridor Commission December 9 Valley Branch Watershed District Interview Time Location Varies St. Cloud, Minnesota 12:00 p.m. 100 Empire Drive — St. Paul 2:00 p.m. Kelly Inn, Sibley Room 2nd Floor — St. Paul 10:30 a.m. Washington County Government Center 12:30 p.m. 390 Robert Street North — St. Paul 3:30 p.m. 8301 Valley Creek Road — Woodbury City Hall 5:00 p.m. Washington County Government Center Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR DECEMBER 9, 2010 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the November 9, 16 and 23, 2010 Board meeting minutes. Community Services B. Approval of Amendment #2 to Contract #5131 with East Suburban Resources, Inc. to continue the Extra Taking Action on Racial Disparities project in partnership with the Workforce Center in 2011. Sheriff's Office C. Approval to transfer ownership of Washington County Sheriff's Office K- 9 "Simon" to his handler, Deputy Keith Anderson. D. Approval to accept a donation in the amount of $100 from Residential Mortgage Group on Behalf of Jon and Mary Stevenson, Denmark Township, MN. E. Approval of Amendment #3 to food service agreement with Aramark Correctional Services LLC. F. Approval of Mutual Aid Joint Powers Agreement with the State of Minnesota, acting through its Commissioner of Corrections, Minnesota Department of Corrections, Minnesota Correctional Facility. *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 November 23, 2010 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Lisa Weik, District 5. Commissioner Myra Peterson, District 4, absent. Board Chair Pulkrabek presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Hegberg — reported that the County Road 83 overpass is now open, but has heard complaints from citizens that the exists will not be open until after the Broadway Bridge construction begins; reported that the Transportation Advisory Board presented an award to Commissioner Myra Peterson for her years of service; the Counties Transit Improvement Board approved the bonding and it looks like funding for the Central Corridor will come together; and he attended the Rush Line Corridor meeting where they learned that ridership on the St. Paul route is down but the Minneapolis line is full and some buses are running at standing room only; - Commissioner Kriesel — reported that he will be meeting with the Executive Board of the Stillwater Chamber of Commerce to discuss the St. Croix River Crossing; a Stillwater resident, Joshua Kuehn, was given a Citizen's Award by the St. Paul Police Department; and the Gateway Corridor Policy Advisory Committee and the Technical Committee held a joint informational meeting; - Commissioner Weik — reported she shadowed Principal Aaron Harper, East Ridge High School as part of American Education week; she attended the Itasca Project meeting held in Woodbury at the State Farm building; she attended the PLACE North program for their annual Thanksgiving luncheon; she attended the Public Health Emergency Preparedness meeting; she attended the partners for Policy Making event, the Governor's Council on Developmental Disabilities; she attended the Association of Minnesota Counties Board of Director's meeting where they are preparing for the annual conference to be held in St. Cloud December 6 -8; and she attended the Library Board meeting. General Administration Approval of the following actions: - November 2, 2010 Board meeting minutes; - Set public hearing to approve the final 2011 -2015 Washington County Capital Improvement Plan for December 14, 2010; - Change the December 7 County Board meeting to December 9 at 6:00 p.m. - Board correspondence was received and placed on file. Information Technology Board workshop held to discuss the Enterprise Content Management Technologies. Property Records and Taxpayer Services Approval of the following actions: Contracts for assessing services with the cities of Newport, Willernie and Lakeland; Resolution No. 2010 -160, 2010 Help America Vote Act election equipment grant request; Overview of Governor's race count that will take place in Washington County on Monday, November 29; Board workshop held to discuss the proposed 2011 property taxes. Public Works Approval of the following actions: - Work Orders 44, 6, 8, 10, 11, 12, 13 and 14 to the County Road 83 bridge construction project contract with Robert R. Schroeder Construction; - Change Order #2 to County State Aid Highway 13 landscaping project with Noble Nursery Retail, Inc.; - Resolution No. 2010 -159, final payment for County State Aid Highway 13 landscaping proj ect; - Amendment #2 to contract with Peterson Companies, Inc. for 2010 -2011 snow removal services. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners November 16, 2010 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; and Lisa Weik, District 5. Commissioners Bill Pulkrabek, District 2, and Myra Peterson, District 4 absent. Board Vice Chair Kriesel presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Weik — reported on the Minnesota Extension Committee meeting which discussed the Snap -Ed (Supplemental Nutrition Assistance Program — Education); she attended the Minnesota Inter - County Association meeting which discussed contracting the new legislators, mandates, and set the annual meeting for the third week in February in Winona; and she attended the following Woodbury events: Globe University 125 year celebration; appreciation event for Mayor Bill Hargis, and the Veteran's Day program; - Commissioner Hegberg — met with constituents in Scandia on senior housing; the Minnesota Counties Intergovernmental Trust sent out dividend checks and Washington County's was in the amount of $605,998; and the Board interviewed two applicants for the Valley Branch Watershed District Board of Managers; - Commissioner Kriesel — attended the Metropolitan Emergency Services Board meeting, the Mental Health Advisory Council, and the Veteran's Day event at Leo's Malt Shop in Stillwater where they gave free lunches to veterans. General Administration Approval of the following items: - October 26, 2010 Board meeting minutes; - No County Board meeting on November 30, 2010, 5 th Tuesday; and the December 7 County Board meeting has been moved to December 9 at 6:00 p.m. - Board correspondence was received and placed on file; - Workshop held to discuss Land and Water Legacy Program implementation strategies. Human Resources Approval of the following actions: - 2011 insurance for the Supervisors Association; - Resolution No. 2010 -157, medical and dependent care expense reimbursement plan. Information Technology 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. Property Records and Taxpaver Services Approval of consolidated extended service contract and website extended service contract with Vanguard Appraisals, Inc. for computer aided mass appraisal services for calendar year 2011. Public Health and Environment Approval of the following actions: - Set public hearing for revisions to the Youth Access to Tobacco Ordinance for December 21, 2010; - Resolution No. 2010 -158, consent to Resource Recovery Technologies (RRT) to seek an extension of the fuel supply agreement between RRT and Excel Energy as provided in the processing agreement, Article IV, Section 4.01 (C). Puhlie Warks Approval of lease agreement with Modular Space Corporation for the Sentence -to- Service trailer. Regional Railroad Authority Approval of the following actions: - October 12, 2010 Regional Railroad Authority meeting minutes; - Declaration restricting the sale of the Newport Transit Center property without the written approval of the Counties Transit Improvement Board and to file the Declaration with the Washington County Recorder's Office as part of the deed to the parcels. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners November 9, 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 Hegberg — reported on the public hearing for Judicial Ditch 2 that was held last evening; he attended the Canvass Board meeting yesterday; and he noted that he will present Commissioner Awards to the following: Mayor Mary Wingfield, City of Birchwood; Mayor Dennis Seefeldt, City of Scandia; Mayor Stev Stegner, City of Forest Lake; and Councilman Bo Bogotty, City of Forest Lake. - Commissioner Kriesel — reported on the Yellow Ribbon Rally that was held at the Prom Center last evening; he attended the Metropolitan Energy Policy Coalition meeting last week; he attended the Red Bulls Day event at Trinity Church last Sunday; he gave his best wishes to City of Oak Park Heights Mayor Dave Beaudet who is undergoing open heart surgery today; and he presented Commissioner Awards to the following: Mayor Jonathan Nowaczek, City of Bayport; Mayor Julie Lambert, City of Lake St. Croix Beach; and Mayor Gary Williams, City of St. Mary's Point. - Commissioner Weik — reported on the Association of Minnesota Counties Futures meeting; she attended the Woodbury Chamber morning coffee at Woodbury Middle School and sat in on a science class; and she also attended Yellow Ribbon Rally that was held at the Prom Center; - Commissioner Pulkrabek — reported on the third annual Oakdale -Lake Elmo Prayer Breakfast held this morning; he will meet with the Boy Scout troop from Woodbury at the Government Center for a tour this afternoon; and he reported on the Business Professional Association meeting. Community Corrections Approval to appoint Sheridan Hawley, Hugo, to the Community Corrections Advisory Board to fill an unexpired term to December 31, 2011. General Administration Approval of the following actions: - October 19, 2010 Board meeting minutes; - Resolution No. 2010 -153, appreciation for Mayor Bill Hargis upon his retirement as Mayor of Woodbury; - Resolution No. 2010 -156, urging the Association of Minnesota Counties to include several positions in their 2011/2012 platform; - Joel Dunning, Wold Architects and Engineers, presented the Board with a National Center of State Courts book that included the new courthouse addition in a ten year retrospective of courthouse design from 2001 through 2010; - Tours of the new courthouse and county board room will take place on December 3 and 4; - Wayne Sandberg, Public Works Director, received an Engineer of the Year award from the Towards Zero Deaths program; - Board correspondence was received and placed on file. Human Resources Approval to renew service agreement with Frank Madden & Associates for labor relations consultant services Information Technolosy Approval to renew contract to purchase software licensing, maintenance, and support from TSG Server and Storage for the county's IBM iSeries servers through August 26, 2011. Library Approval of the following items: - Library holiday and training closure schedule for 2011; - Accept a grant from the Minnesota Historical Society in support of the project "First Minnesota: Commemorating the 150 Anniversary of the 1 St Minnesota Volunteer Infantry ". Property Records and Taxpayer Services Approval to update Polices #4011 Abatement, #4004 Tax Increment Financing, and #4006 Economic Development Tax Abatement; and delete County Policy #4002, Deed Tax. Public Health and Environment Approval of the following actions: - Update on a proposed county energy plan; - Agreement with Clean Harbors Environmental Services for household hazardous waste management services. Public Works Approval of the following actions: - Enter into the Public Buildings Enhances Energy Efficiency Program Pilot Screening Phase Agreement with the Center for Energy and Environment; - Resolution No. 2010 -155, supporting the issuance of bonds by the Counties Transit Improvement Board. Sheriffs Office Adoption of Resolution No. 2010 -154, 2010 Minnesota Bureau of Criminal Apprehension Master Joint Powers Agreement. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 °d Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners November 2, 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 — Ouestions The Commissioners reported on the following items: - Commissioner Hegberg — reported on the Minnesota High Speed Rail Conference in St. Paul last week; he attended the ribbon cutting ceremony for the opening of the roundabout in Forest Lake; and he took a tour in Hugo to view residential and commercial developments; - Commissioner Kriesel — reported on the Planning Advisory Commission meeting he attended; attended the Veteran's Rest Camp Board; and noted that there will be a Yellow Ribbon Rally on Monday, November 8, 6:30 p.m. at the Prom Center in Oakdale; - Commissioner Peterson — reported on the Minnesota High Speed Rail Conference; - Commissioner Weik — reported that she attended several events in Woodbury last week including an event hosted by the Star Tribune called "What Matters Most to Woodbury "; a fund raiser breakfast for the Woodbury YMCA; she attended the Metropolitan Mosquito Control meeting, followed by the Solid Waste Management Coordinating Board; and she noted that there was an article in the Wall Street Journal regarding the library kiosk in Hugo and that Channel 11 had a presentation on this topic also. Community Services Approval of the following actions: - Appointment of 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; - 2010 -2011 contract with Regions Hospital, observation, evaluation, diagnosis, care, treatment and involuntary confinement for mentally ill, mentally ill and dangerous, mentally retarded, and/or chemically dependent uninsured adults; - 2010 Community Development Block Grant funding agreement with Tubman; - Cooperative agreement by and among the metro counties and Minnesota Department of Human Services for Children's Mental Health Crisis Services. County Attorney Approval of the following actions: - Master Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension; - Accept grant funding from the Minnesota Office of Justice programs in the amount of $69,496. General Administration Approval of the following actions: - Bruce Wierre, Stillwater, addressed the Board on the former Jackson Wildlife Natural Management Area; - Resolution No. 2010 -150, support of Pancreatic Cancer Awareness month, November, 2010; - Resolution No. 2010 -152, proclamation of Red Bulls Day in Celebration of Veteran's Day 2010; - Appointment of Commissioner Dennis Hegberg as a voting delegate, and County Administrator Jim Schug as an alternate, for the 2010 annual meeting of the Minnesota Counties Intergovernmental Trust on December 5, 2010; - 2011 County Workplan; - Commissioner Dan McElroy, Department of Employment and Economic Development, to visit the Workforce Center in Cottage Grove and Forest Lake on November 5; - Board correspondence was received and placed on file. Propertv Records and Taxpayer Services Approval of contracts for assessing services with Grey Cloud Island Township, Stillwater Township, and the City of Bayport. Public Health and Environment Board workshop held to review the Washington Conservation District's 2011 budget/program services and the Watershed Management Organizations' proposed 2011 budgets /priority projects and Water Consortium activities for 2010. Public Works Approval of the following actions: - Resolution No. 2010 -151, cooperative agreement with Century College for installation of solar water heater system at the Lake Elmo Park Reserve campground; - Merger of former Facilities Division and Administration's Central Services into new Building Services Division; - Board workshop held for follow up conversation from the Counties Transit Improvement board meeting held on October 29, 2010. Sheriff's Office Approval to enter into an agreement with Securus Technologies, Inc. to provide an inmate telephone system. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners October 26, 2010 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Myra Peterson, District 4; and Lisa Weik, District 5. Commissioner Bill Pulkrabek, District 2, absent. Commissioner Hegberg presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Weik — reported on the Association of Minnesota Counties District X meeting which discussed possible changes to the metropolitan governance, and the 2011 policy platform will be discussed in December; and reported on the awards and recognition banquet for 4 -H youth; - Commissioner Peterson — encouraged Board members to attend the High Speed Rail Summit on October 27, 11:00 a.m. at the Union Depot; - Commissioner Kriesel — reported on the Bridge Coalition meeting which started formulating strategies in response to the ruling by the National Park Service; and he also attended the AMC District X meeting. Community Services Approval of the following actions: - Change the terms for the Family Homelessness Prevention and Assistance Program from two to three year terms; and, to continue the terms of existing members; - Amendment Number 1 to the agreement with Dakota County's Workforce Center for dislocated worker services to individuals laid off due to the Delta/Northwest Airlines merger. County Attorney Approval of an agreement with Tibex Technology, Inc. for the Law Enforcement Network System (LENS). General Administration Approval of the following actions: - Board correspondence was received and placed on file; - Board workshop held to discuss guiding principles to be used in determining use of Land and Water Legacy bond funds. Human Resources Approval of the 2011 Department Heads wages and insurance, and 2011 insurance for elected Department Heads and Meet and Confer groups Confidential Supervisors and Confidential. Public Health and Environment Approval of the following actions: - Accept the Natural Resources Block Grant funding from the Minnesota Board of Water and Soil Resources for 2011; - Board workshop held to receive a status report on Public Health Disease Prevention and Control Program, and Review the 2009 Washington County Infectious Disease Report. Public Works Approval of the following actions: - Change Order #24 to contract with People's Electric, Inc., in the amount of $84,278; - Change Order #15 to contract with General Sheet Metal Company, Inc., in the amount of $112,141.44; - Change Order #5 to contract with United Glass, Inc., in the amount of $73,143; - Change Order #3 to contract with OffiSource, Inc., in the amount of $89,300; - 2025 Government Center Campus Improvements project change orders: Century Construction Company, Inc.; Commercial Drywall Inc.; Five Star Welding & Fabricating, Inc.; Glewwe Doors, Inc.; Northern Lights Steel Fabrication, Inc.; Northland Paving, LLC; Parsons Electric, LLC; Paul's Architectural Woodcraft, Inc.; Steenberg - Watrud Construction, LLC; Twin City Acoustics; Twin City Hardware Company, Inc.; and Zintl, Inc.; - Consensus to reinforce the county comments that were submitted on October 5 on the 2030 Transportation Policy Plan and to expand on the letter to state that the flexibility in interchange spacing outside the beltway is needed; population increases along with constrained resources will create hard choices; and improved safety needs to be a priority and that the 1 -35 /TH 8 weave and interchange area is an example of a project that needs to be delivered. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. 11/19/2010 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions NOVEMBER 30 No County Board Meeting — 5 th Tuesday DECEMBER 3 AND 4 Open House for New County Courthouse Friday, December 3, 2:30 to 5:00 p.m. tour for county staff Saturday, December 4, 11:00 a.m. — 2:00 p.m. tour for public DECEMBER7 County Board Meeting Moved to Thursday, December 9, 2010, 6:00 p.m. DECEMBER 9 County Board and Public Budget Meeting 6:00 p.m. DECEMBER 14 Public Hearing — 5 Year Capital Improvement Plan Agenda — Adopt the 2011 Budget and Capital Improvement Plan Agenda — New County Records Retention Schedule DECEMBER 21 Public Hearing — Revisions of the Youth Access to Tobacco Ordinance DECEMBER Counties Transit Improvement Board — Transit Work Plan Executive Session — Armstrong Conservation Easement — Land and Water Legacy Program JANUARY 4, 2011 1 ST County Board Meeting Swearing in of newly elected officials; Election of County Board Chair and Vice Chair for 2011; Set Board meeting dates for 2011; Selection of Legal Newspapers for 2011; and Appointment of Citizens to Committees /Commissions /Boards. JANUARY 11 Meeting with Washington County Legislative Delegation — Oak Marsh Golf Course — Tentatively at 5:00 p.m. FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS November 23 Agricultural Land, 2011 — Public Works November 24 Affordable Housing and Community Projects Funded Through CDBG and HOME Investment Partnership — Community Services December 1 2011 Legal Newspaper - Administration December 15 Property Records Management System — Property Records and Taxpayer Services January 31, 2011 Base Rate Group Residential Housing — Community Services CADocuments and Settings \nmanos \Local Settings \Temporary Internet Files \Content.Outlook \YI NAOM9V\Preview.doc