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
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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
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