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HomeMy WebLinkAbout2010-12-21 CC PacketREGULAR MEETING CALL TO ORDER ROLL CALL STAFF REPORTS 3. Police Chief 4. City Clerk 7. Finance Director 8. Fire Chief 11. City Administrator No public hearings TIIE FIIITNPIFCF Of YIFFFCFIF AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street December 21, 2010 7:00 P.M. APPROVAL OF MINUTES — 1. Possible approval of December 7, 2010 regular and recess minutes and the December 14, 2010 special meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Allen Okerman — Request for 24/7 parking ramp permit OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or Tess. 5. MIS Technology & Internet Use, & Social Media Policies 9. Community Dev. Director 6. City Engineer /PWD 10. City Attorney CONSENT AGENDA (Roll Call) 12. Resolution 2010 -199, directing payment of bills 13. Resolution 2010 -200, adopting delinquent sewer charges Project No. 0001 14. Resolution 2010 -201, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement 15. Resolution 2010 -202, authorizing the acceptance of the grant Health & Wellness Grant from Statewide Health Improvement Program Washington County 16. Possible approval to carry over Capital Outlay Items a) MIS b) Plant City Hall c) Fire Department d) Recreation Center e) Public Works, Parks, Streets, Sewer PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 17. Possible Approval Of Second Reading Of Ordinance 1025, An Ordinance Amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56 -5, Local Lodging Tax - Established (Ordinance — Roll Cali) 18. Possible approval of resolution adopting policies for events and discussion on of downtown beautification (Resolution — Roll Call) NEW BUSINESS 19. Possible appointment to the Human Rights Commission (Resolution- Roll Call) 20. Possible approval of Administrative Fees for Mowing, Clean up and Snow Removal (Resolution — Roll Call) 21. Possible approval of 2011 Annual Contract for Mowing and Clean up Services (Resolution — Roll Call) 22. Replacement of Retiring Sergeant PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 23. Beyond Yellow Ribbon Update 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. Stillwater Where Business Happens Who is Stillwater? Nestled in the St. Croix Valley 20 miles east of downtown St. Paul, the City of Stillwater, Minnesota, is bordered by the St. Croix River on the east and steeply sloping hills on the north, south and west. This bustling river town, well known for its abundant natural beauty, is home to 18,000 residents and serves as the county seat of Washington County. Stillwater's lumber and rivertown legacy remains evident in the beautifully re- stored downtown and the many fine Vic- torian style homes. The City has acquired much of the riverfront property preserv- ing its scenic qualities. Businesses have capitalized on the City's rich history mak- ing Stillwater a major midwest tourist mecca. Billed as the "Birthplace of Minnesota, the City of Stillwater was the site of a territorial convention in 1848. A thriv- ing logging town in the late 1800s, at its peak, the St. Croix Boom Site employed 400 men sorting and rafting logs. In the 1880s, the St. Croix River Valley produced more lumber than any place in the world. Today, visitors are drawn to Stillwater to enjoy the quaint Lift Brige, numerous restaurants, gift and antique shops, and bed and breakfast inns. Many artisans live and work in the area. Paddleboat river cruises, golfing, rock climbing, and hot air ballooning are among the activi- ties enjoyed by residents and visitors to Stillwater. The Minnesota DNR recently announced plans to convert the former Minnesota Zephyr railroad line into a bike trail. The Brown's Creek Regional Bike trail will con- nect the Gateway trail from Downtown Stillwater to the northside of Downtown St. Paul. Besides the thousands of acres of regional, county, and state parks in the area, Stillwater contains a number of local parks featuring ball fields, tennis courts, and picnic and swimming areas. There are 5,839 housing units in Still- water with a median home value of $128,000. Anticipating continuing com- munity growth, the City recently com- pleted the first phase of a planned three part annexation which will, over the next 15 to 20 years, add approximately 1,000 acres, three miles of new streets, and 1,200 new homes. Major employers in the Stillwater area include Andersen Windows Corpora- tion, Washington County, Independent School District 834, Cub Foods, DiaSorin, Design Fabricated Parts, Incstar, Target, Gartner Studios, and WR Medical Elec- tronics. The Lakeview Memorial Hospital has provided medical care for over 100 years and is one of the community's larg- est employers. Founded in 1998, Gartner Studios is a stationery company that em- ployees 80 creative staff members right in downtown Stillwater. i Mayor's Welcome Hello and thank you for taking time to learn all that Stillwater has to of- fer. I am honored that you are con- sidering making Stillwater home to your business. Stillwater is a vibrant community of over 18,000 residents who enjoy ac- cess to superb schools, high quality health care, and a quality of life that comes with living in the picturesque St Croix River Valley. As the Birth- place of Minnesota, Stillwater is a community rich in history. Stillwa- ter is a full service community with quality parks, highly rated public safety services, and a top notch li- b ra ry. This guide of Stillwater will provide you an opportunity to learn why Stillwater businesses and citizens alike have found Stillwater to be a great place to live, work, and play. If I or the staff with the City can be of any assistance please feel free to contact us. Oe Sincerel , May Ken Harycki Photo Credits: The photos on Page 1, 6 and the photo in the upper right corner of page 4 are copyright by Debra Chial Photography. All other are by City of Stillwater. Why Stillwater? There are a number of reasons to consider locating your business in Stillwater, Min- nesota. These include educational op- portunities, quality of life, a highly skilled workforce, and access to Health Care to just name a few. Stillwater is the place for you to grow and here is why.... Education The high quality primary and secondary education here is a source of pride. In the community you will find traditional public schools, public charter schools, and private faith based schools. Some of the school choices are highlighted here. Stillwater Area Public School District — Independent School District (ISD) 834 The Stillwater Area Public School District — Independent School District # 834 - has a long tradition of excellence. Minnesota's first schoolhouse was built in Stillwater in 1848, a year before Minnesota became a territory. Stillwater became the state's first school district just two years later. The Dis- trict has a tradition of high expectations, high standards and outstanding achieve- ment. From the first one -room schoolhouse, Stillwater Area Public Schools has grown to serve more than 8,900 students in 10 elementary schools (K -6), two junior high schools (grades 7 -9), one high school (grades 10 -12), and an alternative learn- ing center for secondary students. An early childhood family center serves families with young children, from birth to age 5. Stillwater has built and maintained an ex- ceptional reputation for excellence across the state and nation. Our schools are recognized as leaders in technology and in- novative education. Our students and our staff members are consistently recognized for their successes in academics, fine arts, athlet- ics, technology integration, and more. Nearly 80 percent of the graduating class of 2010 took the ACT test in 2009 -2010. With a composite score of 23.9, our students once again scored higher than both the state (which was at 22.9) and the nation (which was at 21.0). St. Croix Preparatory Academy Charter School Located just south of Stillwater, St. Croix Pre- paratory Academy purposefully sets high ex- pectations for all students, staff" and parents. The school emphasizes character develop- ment, respect, self - organization, responsibil- ity, self - discipline, service and leadership in all grades, K -12. All St. Croix Prep students understand that a post- secondary education is expected. Opening its doors in September, 2004, St. Croix Preparatory Academy is the fastest growing school in the state of Minnesota. It is the first public charter school in the eastern suburbs of Minneapolis /St. Paul specifically dedicated to offering a demanding classical, liberal arts curriculum with an additional emphasis on development of each student's Stillwater ACT Composite Score 5 Year Trend 24.0 23.8 23.6 234 23.2 23.0 22.8 226 22 4 22.2 22.0 personal character and leadership quali- ties. The school provides a learning oppor- tunity that until now has only been avail- able at select private schools. In 2010, 958 students are enrolled in grades K -12 with a waiting list of 721 students. St. Croix Pre- paratory Academy had a 97% graduation rate in 2010, with 100% of graduates at- tending post- secondary schools. In 2010 their ACT Composite Score was 24.9. St. Croix Catholic School Opened in 1856, St. Croix Catholic School is a preschool through 8th grade school located adjacent to St. Michael's Catholic Church in Stillwater. St. Croix Catholic's commitment to academic excel- lence is matched by their commitment to instilling spiritual values and social teach- ings. Approximately 440 students are cur- rently enrolled. Ark of Angels Montessori Preschool, a program of St. Croix Catholic School, opened in 2005 and is a unique combina- tion of faith -based learning in a Montes- sori educational environment. St. Croix Catholic School is fully accred- ited by the Minnesota Non - Public School Accrediting Association (MNSAA) and Ark of Angels Preschool is also licensed by the State of Minnesota. Why Stillwater continues on next p,5Te 2006 2007 2008 2009 2010 0 Stillwater N Minnesota Why Stillwater? Workforce Stillwater has highly educated residents that lead the nation in achievement. In Stillwater, 94.1 % of the workforce over the age of 25 has obtained a high school diploma compared to a national average of 79.4 %. 37.5% of the Stillwater workforce has received a bachelor degree. Stillwater's workforce will add value to any business. Workforce educational attainment - persons 25 years and over Source: US Census High Quality of Life Recreational opportunities and natural set- ting The high quality of life available in Stillwater is not taken for granted. The City of Stillwa- ter knows the importance of providing park, trail, recreational, and open space opportu- nities that enhance the quality of life of its residents and visitors. Parks and recreation facilities are essential in promoting commu- nity wellness, connecting the individual to ecological value and stewardship, promoting cultural understanding, and fostering eco- nomic viability. The city operates 34 parks, including Kolliner Park in Wisconsin that serves as the backdrop to Downtown Stillwater. In total the City owns over 370 acres of parkland. Within our parks, we have 7 baseball fields, 7 softball fields, 4 basketball courts, 10 football fields, 11 horseshoe courts, 25 picnic shelters, 18 playgrounds, 11 tennis courts, 5 sand volley- ball courts, and 3 indoor sheets of ice. Stillwater's natural resources are among the defining features of the City. Water features are among the highest profile natural ameni- ties. Brown's Creek and the St Croix River are particularly valuable. The City's loca- tion along the scenic St. Croix River corridor makes it a desirable environment in which to live, and this contributes to strong growth pressures in the region. The St. Croix River is part of the National Scenic River system, and is a regional attraction for boating, fish- ing, and other recreation activities along the river and river bluffs. Brown's Creek is one of only seven DNR designated trout streams in the seven county Metro Area; this spring -fed stream supplies the cold, clean water necessary for trout habitat. In addition, the springs that feed the creek often support unique, high quality wetland areas that have the potential to host rare or uncommon plant and animal species. Other important water features include Long Lake, Lily Lake and Lake McKusick. Fine Arts The City of Stillwater has an active arts com- munity hosting two art fairs (Rivertown Art Festival and the Fall Colors Fine Art & Jazz Festival). Downtown Stillwater is also home to a number of art galleries, including Still- water Art Guild Gallery, North Main Stu- dio, Gallery 310, Art'n Soul, and Tamarack House Gallery & Picture Framing. Stillwater is home to ArtReach St. Croix. As a non -profit organization, ArtReach St. Croix's mission is to connect the St. Croix Valley community and the arts. ArtReach sponsors community arts events, arts educa- tion, supports the work of artists and other arts organizations, and provides arts leader- ship within the St. Croix Valley community. High School Graduate Bachelor's Degree Graduate Degree United State 79.4% 24.4% 8.970 State of Minnesota 87.1% 27.4% 8.3% Washington County 1 92.8%1 33.9%1 10.S% City of Stillwater 1 94.1%1 37.5%1 10.4% Source: US Census High Quality of Life Recreational opportunities and natural set- ting The high quality of life available in Stillwater is not taken for granted. The City of Stillwa- ter knows the importance of providing park, trail, recreational, and open space opportu- nities that enhance the quality of life of its residents and visitors. Parks and recreation facilities are essential in promoting commu- nity wellness, connecting the individual to ecological value and stewardship, promoting cultural understanding, and fostering eco- nomic viability. The city operates 34 parks, including Kolliner Park in Wisconsin that serves as the backdrop to Downtown Stillwater. In total the City owns over 370 acres of parkland. Within our parks, we have 7 baseball fields, 7 softball fields, 4 basketball courts, 10 football fields, 11 horseshoe courts, 25 picnic shelters, 18 playgrounds, 11 tennis courts, 5 sand volley- ball courts, and 3 indoor sheets of ice. Stillwater's natural resources are among the defining features of the City. Water features are among the highest profile natural ameni- ties. Brown's Creek and the St Croix River are particularly valuable. The City's loca- tion along the scenic St. Croix River corridor makes it a desirable environment in which to live, and this contributes to strong growth pressures in the region. The St. Croix River is part of the National Scenic River system, and is a regional attraction for boating, fish- ing, and other recreation activities along the river and river bluffs. Brown's Creek is one of only seven DNR designated trout streams in the seven county Metro Area; this spring -fed stream supplies the cold, clean water necessary for trout habitat. In addition, the springs that feed the creek often support unique, high quality wetland areas that have the potential to host rare or uncommon plant and animal species. Other important water features include Long Lake, Lily Lake and Lake McKusick. Fine Arts The City of Stillwater has an active arts com- munity hosting two art fairs (Rivertown Art Festival and the Fall Colors Fine Art & Jazz Festival). Downtown Stillwater is also home to a number of art galleries, including Still- water Art Guild Gallery, North Main Stu- dio, Gallery 310, Art'n Soul, and Tamarack House Gallery & Picture Framing. Stillwater is home to ArtReach St. Croix. As a non -profit organization, ArtReach St. Croix's mission is to connect the St. Croix Valley community and the arts. ArtReach sponsors community arts events, arts educa- tion, supports the work of artists and other arts organizations, and provides arts leader- ship within the St. Croix Valley community. Healthcare As home to the second oldest hospital group in Minnesota, Stillwater has long been home to high quality medical services. From emer- gency medical to obstetrics, surgical, dental, vision, and eye care; Stillwater offers a wide range of services to care for your medical needs. Some of these services include: Lakeview Hospital As the second oldest hospital in Minnesota, Lakeview provides the highest possible level of healthcare. Over the past few years Lakeview has progressed into one of Minnesota's finest hospitals, assuming a leadership role in patient satisfaction and procedural advancements. Lakeview is a private, nonprofit hospital with 81 beds, including bassinets. Lakeview Hos- pital has been named a 100 Top Hospital in the nation by Thomson four times since 2004, most recently in 2008. Furthermore, Lakev- iew is ranked among the best nationally for orthopedic care. Courage Center St. Croix Courage Center specializes in rehabilitation services for people with brain injuries, spinal cord injuries, stroke, chronic pain, autism or disabilities experienced since birth. They offer physical, mental, occupational and vocational therapies, as well as assistive technology and independent living services. Facilities include accessible sports, pools, fitness centers and camps. St. Croix Orthopedics From the simplest situations to the most com- plex treatment regimens, St. Croix Orthopae- dics provides the breadth of care you would expect from a nationally recognized practice. St. Croix Orthopaedics' team of highly skilled orthopaedic surgeons and sports medicine doctors specialize in a variety of orthopaedic treatments such as ACL surgery, limb length- ening, disc replacement, and care for sports injuries. OSI Physical Therapy OSI has provided therapy services in Stillwa- ter since 1980. OSI has a strong emphasis on sports rehabilitation, and has created strong community ties by providing rehabilitation and various athletic training services to Still- water High School, other area schools, and community organizations. Their therapists have worked very closely with Stillwater Med- ical Group and St. Croix Orthopaedics physi- cians in various sports medicine activities. Associated Eye Care Associated Eye Care has served the Stillwater area since 1972, consistently offering the lat- est in vision care for patients of all ages with services including Cataract Surgery, Macu- lar Degeneration, Glaucoma, LASIK Vision Correction, and Reading Vision Correction, among others. The Associated Eye Care Surgery Center offers the best in outpatient ophthalmic care and surgical technology. Conveniently located just off Highway 36, service clinic, laser treatment center and opti- cal shop in addition to the surgery center. Midwest Spine Institute Midwest Spine Institute is an independent medical clinic that is dedicated to restoring lives affected by spinal disease and disorder. Their team of spine surgeons, interventional pain physicians and physician assistants pro- vide non - surgical, interventional, minimally invasive or traditional surgical treatment to help their patients return to a fulfilling life- Ao. I Air AVA ,mono 5 JVAVA% ALI UWATOAl - % A I ZV I -A-Z4, N . - •'W - A 46-4,w . 4 '� I w t - til OTHER BUSINESS TI! VIITMPEAC! Of •i!!E!! ►A CITY COUNCIL MEETING December 7, 2010 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:35 p.m. Present: Councilmembers Cook, Gag, Polehna, Councilmember Roush (5:30) and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward Pedestrian Plaza Follow -Up Discussion Community Development Director Turnblad reviewed his memo regarding the pedestrian plaza project, highlighting issues related to funding, public restrooms, timetable, the amphitheater, plaza features and contract for design and construction documents. Regarding funding, he estimated that for construction costs range from $425,500 to $865,500, with more specific estimates available after design and work plan is completed. He stated that there is a minimum of $3.5 million available in TIF funds and $375,000 in capital improvements funds set aside for the pedestrian plaza project, which could be reprogrammed to other capital projects if TIF funding is utilized. There was discussion of the eventual disposition of the potential $4.5 million in TIF funds that will have been generated by the TIF district in question when that district expires at the end of 2011. City Attorney Magnuson gave a presentation about TIF, how funds are captured as a project results in increased market values in a TIF district. He reviewed statutory authority and limitations for the use of TIF funds. He highlighted some of the projects that have occurred in the City as a result of TIF increment financing, noting that it was envisioned that the features of the master plan for downtown, including the parking ramp and pedestrian plaza would be financed City Council Meeting December 7, 2010 through TIF increment financing. He noted that this particular TIF district was formed before restrictions regarding the pooling of TIF funds. He also pointed out that this district must be decertified at the end of 2011. Councilmember Cook questioned why the TIF increment shouldn't be helping the City with its budget difficulties; City Attorney Magnuson pointed out that TIF law prohibits TIF funding from being used to fund the operations of a municipality. As an example, he explained that TIF funds couldn't be used to construct a new city hall. Councilmember Cook asked whether TIF funds could be used to pay off the bonds for the parking ramp; Mr. Magnuson responded that is a possibility and Mr. Hansen stated this has been the topic of some serious discussions. Mayor Harycki suggested adding that issue (the parking ramp bonds) to the Council's work plan. Councilmember Cook expressed concern that the issue of the TIF district expiring at the end of 2011, with actions required before that happens, has just recently been brought to the Council's attention; Councilmember Gag agreed with that concern. City Administrator Hansen pointed out that no one pays more taxes because their property is located in a TIF district. Mayor Harycki pointed out that the City's tax base will increase after the district is decertified in 2011. Mr. Turnblad reviewed the remainder of this memo. Regarding public restrooms, he noted that the primary issue is whether TIF funds can be used to pay for it or whether it must be paid through the pedestrian plaza capital fund and that issue will be brought back as discussions with TIF consultants' progress. He stated that in regarding to the timing, now is the optimum time due to the availability of the TIF funds that will disappear after 2011 and with the levee project nearing construction start. He informed the Council that this has been part of the overall downtown plan for about 20 years. Mayor Harycki questioned the 500 square feet restriction on the size of a restroom; Mr. Turnblad explained that is a flood plan restriction, but noted there are options for additional facilities elsewhere. Regarding the amphitheater, he noted this is the only new feature of the plan which will not be a structure, but a graded, terraced turf area. He said all the grading and seeding will be done by the Corps as part of the levee project. On a question by Councilmember Polehna, he stated there is always the option of adding some type of hard surface. There was discussion of the elevation of the Page 2 of 15 City Council Meeting December 7, 2010 amphitheater; Mr. Turnblad stated the amphitheater is viewed as an extension of the pedestrian plaza and perhaps should not be built if the plaza is not constructed. Councilmember Cook asked if consideration had been given to other options for the amphitheater space; Mr. Turnblad said it could be open green space, and that a decision on the amphitheater did not need to be made at this time. It was noted that if the consulting design contract is awarded, the consultants will begin a process of public input on plan specifics. Mr. Turnblad reviewed the changes in the consultant's proposal based on the Council's previous discussions — no changes to Commercial Street other than perhaps a new sidewalk, narrowing the plaza and designing, but perhaps not building, the plaza restroom. He informed the Council that the revised cost of the contract is not to exceed $86,690 rather than the original proposal of $112,820. Councilmember Cook asked about the issue with a parcel of property owned by the Water Street Inn; Mr. Turnblad said negotiations are continuing and designs will be based on the outcome of those negotiations. Motion by Mayor Harycki, seconded by Councilmember Polehna to adopt Resolution 2010 -198, 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 Councilmember Cook stated she is a strong supporter of the downtown and would love to see enhancements, however she is hesitant to move forward with a project of this magnitude at this time due to the economic circumstances. She also asked if the IBA or Chamber had been contacted. Planner Pogge stated meetings have been held with both the IBA and CVB and both were supportive of the plans for the levee, the plaza and parking lots; and that their only concern was coordinating construction timing with special events Councilmember Gag said he was in support of the proposal but noted that this successor will have to make the ultimate decision. He spoke of the opportunity to make improvements that will benefit merchants and beautify the area. Mayor Harycki noted this is the culmination of a process that began 24 years ago with the formation of the TIF district and master plan for enhancements to that district. Councilmember Roush suggested these improvements might help draw folks to the north end of downtown, which has been an issue in the past, but agreed with the issue about spending money at this economy. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 3 of 15 City Council Meeting December 7, 2010 Special Events Task Force recommendations Community Development Director Turnblad reviewed the Park Commission's position and comments from event organizers regarding the Special Events Task Force recommendations. He stated the Park Commission unanimously recommended approval of the recommendations. He noted both the IBA and Chamber of Commerce had representatives on the Special Events Task Force and had no additional comments. He stated staff also met with Dave Eckberg, who thought the recommendations created a certain amount fairness and had no negative comments. He said if Council approves the recommendations, staff will bring back a policy statement in the form of a resolution and possible application form. Mayor Harycki questioned the requirement for postage and suggested that rather than specify a certain amount, the requirement state first class postage plus printing costs. Mayor Harycki also expressed concern about an online survey, given the potential for ballot stuffing; Mr. Turnblad stated the intent is to identify problems that can be corrected for the next year, not an event rating. Councilmember Polehna asked about fees; Mr. Turnblad said fees would be included in the 2011 fee schedule, which will be adopted the first meeting in January. Councilmember Polehna commended the work of the task force, along with staff and Councilmembers Cook and Gag. Councilmember Cook said she would like a resolution formalizing the recommendations of the subcommittee, committing $15,000 annually to the beautification fund. No action was taken; Mr. Turnblad asked Councilmembers to forward any additional comments to him and informed that Council the policy resolution would be prepared for the next Council meeting. STAFF REPORTS Fire Chief Glaser reported on incidents the department responded to since the last meeting. He said he had submitted a shared services grant, with three agencies, Stillwater, Lake Elmo and Mahtomedi participating; he expects to hear the outcome of the grant application by the end of the year. He said staff continues to work with the County on the records management system project. He asked the public to be careful in this winter heating system with the attendant fire risks. On a question by Councilmember Polehna, Chief Glaser said staff has received training, but the City does not have the new boat at this time. Councilmember Page 4 of 15 City Council Meeting December 7, 2010 Polehna also asked about the status of the City's sirens, whether they are on the new band; Chief Gannaway stated he had submitted a quote from the City's maintenance people to Washington County Emergency Management for the upgrade of the system. City Clerk Ward provided the Council with an update of the election; she stated the recount had been completed at Washington County. She said Stillwater had no issues with the recount and thanked the election judges and City hall and Public Works staff who assisted with the election process. Councilmember Polehna thanked City Clerk Ward for her efforts. Community Development Director Turnblad said staff is putting together a package of economic development - related information to respond to requests for information from businesses potentially looking to relocate here. Mayor Harycki recessed the meeting at 6:05 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:05 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the November 16, 2010, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation — Cory Buettner Page 5 of 15 City Council Meeting December 7, 2010 Mayor Harycki presented a certificate of appreciation to Cory Buettner for his efforts in support of veterans and the Yellow Ribbon campaign, serving free meals to veterans on Veterans' Day. Mr. Buettner thanked veterans for their efforts and service to the country. CVB — Lodging Tax Discussion Steve Roll, president of the Convention and Visitors Bureau, noted the three -year lodging tax is scheduled to expire at the end of this year and stated the CVB board of directors is requesting that the tax be extended on a permanent basis. He stated the tax to date has generated about $450,000 in revenue, of which more than 95% has gone directly to marketing the Stillwater and Oak Park Heights areas. He said the board feels very positive about its efforts and it is anticipated this year's revenues will be up slightly over last year. He highlighted some of the accomplishments and marketing efforts over the past year. He talked of the positive relationships with both the Chamber and the IBA. He said marketing and building a brand is a long -term process and suggested the successes to date are just a start and require a sustained and dedicated effort to achieve the results everyone is looking for. Meg Brownson, Alfresco, and Kristen Klemetsrud, Savories, speaking on behalf of the Main Street IBA, spoke in support of the CVB and the need to work together to achieve long -term results. Mike Robinson, Elephant Walk B &B, spoke against the continuation of the lodging tax on a permanent basis. He suggested increasing the price of anything will lessen the demand. He asked that bed and breakfast operations be exempt from the tax, should it be renewed, due to their size, noting that Minneapolis exempts establishments of less than 50 rooms from its lodging tax. He questioned the success of the CVB's past marketing efforts. On a question by Mayor Harycki, Mr. Robinson stated that business is up from last year, but not near the good years of 2003 -2005, but he doesn't expect a return to those times any time soon. Tom Lynum, Sauntry Mansion B &B, presented graphs charting lodging revenue from '05 to 2010. He said he thought it was a bit too early to make any hard and fast conclusions regarding the success of the CVB. He said the notion of going to a perpetual situation of renewing the tax is premature and he didn't think it would be onerous or unreasonable to have a conversation about this on an annual basis. He reviewed his previous arguments against the tax: that it is an unfair tax, taxing a very small industry for the benefit of a lot of different industries; statistics regarding lodging taxes and their affect on occupancy rates and business; and with a lodging tax, government gets into the pricing mechanism of a private business. He asked that the Council, at a minimum, consider one -year renewals or an exemption such as Minneapolis provides to establishments of fewer than 50 rooms. \ Page 6 of 15 City Council Meeting December 7, 2010 Councilmember Roush asked about the number of rooms of B &B operations in Stillwater compared to the larger hotels; Mr. Lynum said he thought the B &Bs represented about 36 of the total of about 350 beds. There was discussion as to whether the City was collecting a 5% administrative fee. Mayor Harycki gave a brief history of the issue of forming the CVB and implementing the lodging tax. He noted he has served as the Council's representative on the CVB board; he spoke of the learning curve involved, noting that about the first year was spent in organizing and it wasn't until the second year that the organization finally started spending money and trying different approaches. Councilmember Cook suggested from the comments heard that people are complimentary about the work of the CVB itself. Mayor Harycki spoke of the difficulty of a one -year renewal due to the uncertainty of whether the organization would be in existence the following year. Councilmember Cook asked Mr. Lynum if the tax was preventing people from coming to the B &B; he talked about the economic climate and noted this is discretionary spending that is the first to be eliminated. Councilmember Roush said he thought there was good momentum going and he would hate to see it ended before seeing some of the benefits of that, but thought an annual review is an absolute must; he suggested a renewal for a certain length of time and evaluating a B &B exemption of some type before considering another extension. Councilmember Polehna spoke of the potential benefit of the DNR bike trail; he spoke against splintering groups and that he didn't think a 3% tax would discourage anyone from staying here. Councilmember Polehna also spoke of the need for ongoing marketing efforts. Councilmember Roush agreed that people don't take into consideration the tax rate when deciding where to stay — it's location and amenity that determine that decision. In discussion of a possible length of time for renewal of the tax, Mayor Harycki said he thought one year is too short and pointed out a two -year renewal would put that in an election year cycle, which might complicate discussions with election year politics. Motion by Councilmember Gag, seconded by Councilmember Polehna to have the first reading of an ordinance for a three -year extension of the lodging tax with the CVB to provide an annual report/presentation of activities. Page 7 of 15 City Council Meeting December 7, 2010 On a question by City Attorney Magnuson, it was clarified that the annual report should be provided to the Council prior to the first Council meeting in December. Councilmember Roush asked if Mr. Roll would speak with the B &B people before the second reading of the ordinance to see if it is possible to reach consensus on the issue of an exemption or a compromise on the B &B rate. City Attorney Magnuson said he would check into whether it would be allowable to have a different tax rate for B &Bs. Mr. Lynum asked if it would be possible to return the administrative fee collected by the City to the CVB; Finance Director Harrison said there is a certain amount of administrative work required. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None OPEN FORUM David Woody, 806 N. Fourth St., asked about the possibility of construction of an ice rink in the downtown. Mayor Harycki noted the Council had considered that several years ago, working with the Hockey Association, but that idea was abandoned when the Hockey Association constructed the outdoor rinks by the Recreation Center. Mr. Woody said he thought a rink in front of the gazebo would be a good idea and way to bring people downtown. Mayor Harycki suggested it might be possible to scale back original plans and just have a simple flooded area without boards. Mr. Woody said he didn't envision anything as big as a hockey rink. Mayor Harycki said he recalled there was some slope issues involved when the idea was considered several years ago. Mr. Woody said he had done a preliminary survey and developed a proposal for a 40x20 yard rink by the gazebo where Summer Tuesdays are held. Councilmember Polehna gave a history of previous proposals for a rink downtown; he noted freezing a rink in the grass area would kill the turf. He said it might work if a more level parking surface is used. He recalled there was a rink downtown years ago. Mayor Harycki suggested referring this idea to the Parks Commission, noting anything that attracts people to the downtown is a plus. Mr. Woody said a rink wouldn't have to be an expensive operation. Page 8 of 15 City Council Meeting December 7, 2010 It was agreed to refer this to the Parks Commission and invite Mr. Woody to that meeting. Mr. Cory Buettner stated that the Washington County Historical Society spoke of plans for an ice cream social on January 22 and would love to have an ice rink at that event. CONSENT AGENDA Resolution 2010 -182, directing payment of bills Resolution 2010 -183, approving the liquor license change for C & G Sukopp, LLC, d /b /a Muraski Resolution 2010 -184, adopting delinquent water bill charges Project 0009 Resolution 2010 -185, approving the administration of the Minnesota Wetland Conservation Act Possible approval of Railroad Lease increase to St. Croix Boat Packet Resolution 2010 -186, approving the municipal publicly owned infrastructure Inflow /Infiltration Intergovernmental Grant Agreement between the Metropolitan Council and the City of Stillwater Resolution 2010 -187, renewal of towing license for 2011 Resolution 2010 -188, adopting delinquent garbage bill charges Project No. 0002 (available Tuesday) Resolution 2010 -189, accepting quotes for building heating hot water pump assembly Resolution 2010 -190, approving contract with Sand Creek Group, Ltd. Resolution 2010 -191, approving Joint Powers Agreement with City of Bayport for road salt. Mayor Harycki asked Public Works Director Sanders to explain the agreement for road salt. Mr. Sanders said in the past, Bayport got its salt through Washington County. However, this year, the County decided not to provide that service and Bayport approached the City with a request to purchase salt for that City's use. He said Bayport's request for 100 tons was included in the City's state contract bid. He said Bayport agreed to pay the City a storage /handling fee of 10 %, as well. Councilmember Roush asked about the contract with Sand Creek Group; City Administrator Hansen stated that this is an agreement for the employee assistance program that has been in place for a number of years and is used often. Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 9 of 15 City Council Meeting December 7, 2010 PUBLIC HEARINGS 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. City Clerk Ward noted approval should be contingent on approvals by Police, Fire, Finance and Building departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing; no comments were heard, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -192, approving 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. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 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. City Clerk Ward noted approval should be contingent on approvals by Police, Fire, Finance 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 Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -193, approving the transfer of an On -Sale & 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. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Truth in Taxation Public Meeting City Administrator Hansen reviewed services provided by the City and sources of revenue. Regarding sources of revenue, he noted that about 63% of the revenue Page 10 of 15 City Council Meeting December 7, 2010 comes from property taxes, while it used to be about 33% property taxes, with one -third in local government aid and one -third fees for services. With the loss of all government aid, that has changed substantially, he stated. He provided a pie chart comparing operating revenues from 2010 and proposed 2011, as well as a bar chart showing revenue trends from 2002 to 2011. He reviewed the proposed 2011 operating expenditures of $10,878,822 and pie chart indicating how those expenditures are divided — 36% for public safety, 30% for culture and recreation, 23% for general government and 11% for public works. He pointed out there is very little change from 2010; in nearly every category, he noted, expenditures are down from 2010. Mr. Hansen also reviewed the property tax revenue required for the 2011 budget, and significant budget impacts, including: no local government aid; no market value homestead credit reimbursement; a 19.26% increase in health increase, which caused an $80,480 increase in the budget; a $25,000 reduction in seal coating; and $85,000 in debt service for the armory site purchase. He noted the City is still operating with a hiring freeze and capital purchase freeze, except as approved on an individual basis. He suggested that the City has gone through so many budget cuts, there is literally nothing left other than looking at positions; he reviewed the number of employees from 2001 to 2010, pointing out while the number of employees is now 76, down from a high of 93, the work load has not decreased as the City has more miles of street, more park areas, and sanitary sewer and storm sewer miles. He spoke of the unallocation of local government aid and market value homestead credit that has occurred in the past several years, after the City had already set its budget for that year. He reviewed the property tax rate, pointing out the tax rate has remained fairly consistent over the past 10 years. He also showed the impact of the City's proposed tax rate on houses of various market value and that on average, most homeowners should pay less in City tax in 2011. He invited anyone with questions to contact City Hall. Possible adoption of resolutions for 2011 Budget & Tax Levy Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2010 -194, approving the final budget for the year 2011, in the amount of $13,187,315. Councilmember Cook asked City Attorney Magnuson whether she could vote for the budget if she did not support the armory; Mr. Magnuson said if she did not agree with an expenditure she could vote no, or could indicate she supports the budget with the exception of that expenditure. Ayes: Councilmember Gag, Polehna and Mayor Harycki voted yes. Councilmember Cook (Councilmember Cook was not in favor of the budget including money for the armory). Nays: Councilmember Roush Page 11 of 15 City Council Meeting December 7, 2010 Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -195, adopting the final tax levy for the year 2011, in the amount of $10,158,367 for the year 2011. Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Possible second reading of Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater City Code, to include Administrative Offenses It was noted there were no changes made from the first reading of the ordinance. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Ordinance 1022, an ordinance of the City of Stillwater amending the Stillwater City Code, to include Administrative Offenses Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 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) It was noted there were no changes made from the first reading of the ordinance. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Ordinance 1023, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Accessory Structures) Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 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) It was noted there were no changes made from the first reading of the ordinance. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Ordinance 1024, an ordinance of the City of Stillwater amending the Stillwater City Code Section 31 -1, Zoning Ordinance (Non- Conforming Lots) Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Page 12 of 15 City Council Meeting December 7, 2010 NEW BUSINESS Possible contract award for Ramp Surveillance System Community Development Director Turnblad reviewed the bids for the ramp surveillance system. He said the bids had been reviewed by the Parking Commission, which recommended the low bid submitted by UHL. He said staff had checked references of the UHL. He stated that the Parking Commission recommends what amounts to a total expenditure of $35,978.17 from the Parking Enterprise Fund. He noted that expenditures includes the base bid for 16 cameras, plus up to $2,700 for engineering specialists to be onsite during installation, and a specialized network switch for $2,300. He noted the proposed budget was $60,000; this bid, does not include the 13 additional cameras, but those cameras could be added in the future if need be. Councilmember Roush asked about a grant application for security cameras in the downtown area and whether that might apply to this cost. Police Chief Gannaway said the grant application was turned down. Mayor Harycki asked about the monitoring of the cameras. Chief Gannaway said there is 30 -day storage and that there are technological issues to work out before deciding on how monitoring will take place. Chief Gannaway spoke of some of the issues that have taken place with gates and people not paying. Councilmember Cook asked about ongoing maintenance of the cameras; Chief Gannaway said it appears that cost is minimal. Motion by Councilmember Roush, seconded by Gag to adopt Resolution 2010 -196, approval of the agreement between UHL Company, Inc. and the City of Stillwater for a video surveillance system in the municipal parking ramp moved to approve the contract with UHL for the surveillance system. Mr. Turnblad noted for the record that the construction management cost listed on page 2 of the agenda information should state that the proposed cost to oversee the equipment installation is a total cost not to exceed $2,700. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible reappointments to the Library Board City Clerk Ward stated three library board members' terms expire December 31 and those members, Michele Cassavante, Tom Corbett and Julia Sandstrom, wish to be reappointed. She stated that the Library Board recommends the reappointment. Page 13 of 15 City Council Meeting December 7, 2010 Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2010 -197, reappointing Michele Cassavante, Tom Corbett and Julia Sandstrom to the Library Board Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS ATTEST: Councilmember Gag suggested doing periodic review and benchmarking of contract work relating to the plaza. Councilmember Gag also noted that David Middleton, chair of the Planning Commission, will be leaving that post after many years and suggested that he be given some type of recognition. Councilmember Polehna noted that a B3 energy audit is required and suggested staff follow up on getting that work done. Mayor Harycki reminded citizens that volunteers are still being sought to work on ideas for the Lumberjack Days parade. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush to adjourn at 9:02 p.m. All in favor. Diane F. Ward, City Clerk Ken Harycki, Mayor Resolution 2010 -182, directing payment of bills Resolution 2010 -183, approving the liquor license change for C & G Sukopp, LLC, d /b /a Muraski Resolution 2010 -184, adopting delinquent water bill charges Project 0009 Resolution 2010 -185, approving the administration of the Minnesota Wetland Conservation Act Resolution 2010 -186, approving the municipal publicly owned infrastructure Inflow /Infiltration Intergovernmental Grant Agreement between the Metropolitan Council and the City of Stillwater Resolution 2010 -187, renewal of towing license for 2011 Page 14 of 15 City Council Meeting December 7, 2010 Resolution 2010 -188, Resolution 2010 -189, assembly Resolution 2010 -190, Resolution 2010 -191, for road salt Resolution 2010 -192, approving 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 Resolution 2010 -193, approving the transfer of an On -Sale & 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 Resolution 2010 -194, approving the final budget for the year 2011, in the amount of $13,187,315 Resolution 2010 -195, adopting the final tax levy for the year 2011, in the amount of $10,158,367 for the year 2011 Resolution 2010 -196, approval of the agreement between UHL Company, Inc. and the City of Stillwater for a video surveillance system in the municipal parking ramp moved to approve the contract with UHL for the surveillance system Resolution 2010 -197, reappointing Michele Cassavante, Tom Corbett and Julia Sandstrom to the Library Board Resolution 2010 -198, 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 adopting delinquent garbage bill charges Project No. 0002 accepting quotes for building heating hot water pump approving contract with Sand Creek Group, Ltd approving Joint Powers Agreement with City of Bayport Ordinance 1022, an ordinance of the City of Stillwater amending City Code, to include Administrative Offenses Ordinance 1023, an ordinance of the City of Stillwater amending City Code Section 31 -1, Zoning Ordinance (Accessory Structures) Ordinance 1024, an ordinance of the City of Stillwater amending City Code Section 31 -1, Zoning Ordinance (Non- Conforming Lots) Page 15 of 15 the Stillwater the Stillwater the Stillwater SPECIAL MEETING Invited Guests: COUNCIL REQUEST ITEMS ATTEST: j te TIE IIITIELACE If ■IIIEEETA CITY COUNCIL MEETING December 14, 2010 Mayor Harycki called the meeting to order at 7:30 a.m. Present: Councilmembers Cook and Polehna, and Mayor Harycki Absent: Councilmembers Gag and Roush Staff present: City Administrator Hansen City Attorney Magnuson Councilmember -elect Doug Menikheim Mike Campbell, Senate Victory Fund Mr. Campbell offered advice on lobbying efforts at the State Capital, suggesting that Council should concentrate on policy issues and not funding. Council discussed the following items as Legislative priorities: Closure of the Life Bridge and related issues; Zephyr trail; Consolidation of Watershed Rules; Armory project; Met Council issues; Alternative street funding; Market value homestead credit refinancing; and Funding for Safe Passage to schools. Council discussed meeting again possibly on Friday, January 7, 2011. ADJOURNMENT The meeting was adjourned at 8:30 a.m. Larry D. Hansen, City Administrator Ken Harycki, Mayor 7:30 A.M. Staff present: Invited Guests: TIE II ATUALA CI •f •IIN ASVA CITY COUNCIL MEETING December 14, 2010 SPECIAL MEETING Mayor Harycki called the meeting to order at 7:30 a.m. Present: Councilmembers Cook and Polehna, and Mayor Harycki Absent: Councilmembers Gag and Roush City Administrator Hansen City Attorney Magnuson 7:30 A.M. Councilmember -elect Doug Menikheim Mike Campbell, State Victory Fund COUNCIL REQUEST ITEMS Discussion on State Victory Fund Mr. Campbell offered advice on lobbying efforts at the State Capital, suggesting that Council should concentrate on policy issues and not funding. Council discussed the following items as Legislative priorities: Closure of the Life Bridge and related issues; Zephyr trail; Consolidation of Watershed Rules; Armory project; Met Council issues; Alternative street funding; Market value homestead credit refinancing; and Funding for Safe Passage to schools. Council discussed meeting again possibly on Friday, January 7, 2011. ADJOURNMENT The meeting was adjourned at 8:30 a.m. Ken Harycki, Mayor City Council Meeting — Special December 14, 2010 ATTEST: Larry D. Hansen, City Administrator Page 2 of 2 iliwater T H E B I R T H P L A C E O F MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development DirectoriSST DATE: December 16, 2010 RE: Request by Rivertown Commons Resident for 24/7 pass in Ramp REQUEST Mr. Allen Okerman is requesting a residential parking permit for the municipal ramp. COMMENTS The Parking Commission has adopted a policy that the City does not sell residential permits for the ramp. There are four reasons for this policy: 1. Economic Development Project - The parking ramp was constructed with Tax Increment Financing (TIF) funds to encourage economic development and to support downtown businesses. It is not a residential parking facility and the more residential parking that is permitted in the ramp, the less it can fulfill its primary purpose as an economic development tool. 2. TIF Funding - Since TIF funds were used for this public project, only 10% of the facility can be used for private purposes such as residential parking. 3. Development Agreement - As assembly of the land for the parking ramp was negotiated, Trinity Lutheran Church agreed to give land to the City in return for free parking on Sunday mornings. The intent of this was to create more parking spaces for the churches in the area. Each space that is permanently occupied by a residential vehicle reduces the number of spaces available on Sunday mornings. 4. Event Parking Revenue - Each space that is permanently occupied by a residential vehicle eliminates event parking revenue for that space. Event parking revenue is critical to generating operational and maintenance funds for the facility. Given the concerns of the Parking Commission, the City Council agreed that the process for receiving such a residential permit should be demanding. Therefore, neither City Staff nor the Parking Commission issues these permits. It is something that only the City Council can do. Okerman Permit Request December 16, 2010 Page 2 ACTION REQUIRED The City Council should consider Mr. Okerman's request and decide whether to grant a residential permit in the parking ramp or not. If the Council decides to grant such a residential permit, staff would recommend at least the following conditions: 1. The permit may be issued only if the City Attorney finds that by granting it, the private useage of the public ramp will not exceed the statutory limits of the TIF financing arrangements for the ramp. 2. The permit will only be valid between October 1 5t and April 30` 3. The permit is not transferable. 4. The cost of manufacturing and installing a reserved parking sign shall be borne by the permit holder. 5. The cost of the permit shall not be less than the current $300 per year paid by Rivertown Commons. But, the actual cost should be determined after consideration and recommendation by the Parking Commission. The 8 parking spaces for Rivertown Commons exist only because of the 8 surface spaces they had prior to constructing the ramp. Therefore any additional residential permits will set a precedent for other residential requests and the cost of additional residential permits should bear the true cost of building, operating and maintaining the facility. Attachments: Request Letter bt December 4, 2010 To: Larry Hansen and the Stillwater City Council Dear Mr. Hansen and Council Members: In March of 2010 my wife, Marcella, and I moved to Rivertown Commons at 212 Second Street. When we initially toured the apartments, we had noticed that the new ramp was next door. Shortly after moving in, I added my name to the waiting list for a parking spot in the ramp because of needing a safer area for my wife and myself; unfortunately, due to the limited spaces available to residents and that I am lower on the list, I am unable to acquire parking in the ramp at this time. Since moving in, I am finding that due to Marcella and my ages (88 and 90 years old respectfully) and my wife's blindness and hearing impairment, I am in true need of a parking space in the ramp. I am asking the council to consider leasing a spot to me, personally for the next twelve months. This would not involve Rivertown Commons management, but would be limited to myself only. Thank you for your consideration. Respectfully, Allen Okerman 651.430.8150 .e Date: Decem Sign Publish: 2010 ty Clerk December 23, 2010 Administration NOTICE OF CITY C JANUARY 4, 2011, 4:30 P.M EETI CELLATION NOTICE IS HEREBY GIVEN that the re Stillwater at 4:30 P.M. on Tuesday, January 4, 201 as been canc January 4, 2010, 7:00 p.m. meeting will take dace at City Ha Street. Do not hesitate to contact the City rk's Office (651) have any questions or ne rther informat. uncil Meeting held he scheduled orth 4th 2ifyou 216 4th Street N., Stillwater, MN 55082 • 651-430-8800 • www.ci.stillwater.mn.us MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: December 17, 2010 Subject: Technology and Internet Use Policy Social Media Policy The City currently has a Technology and Internet Use Policy that was adopted and implemented in February, 2006. Since that time, the League of MN Cities has recommended changes to the model policy which have been included in this update. Some of the items which have been included or clarified in this policy: • Inclusion of the restrictions of using personal equipment on the City's network. • Restricts the forwarding of e-mail to personal e-mail addresses • Includes new technology developed since the last policy was adopted. • Storage of e -mail and other data for data retention purposes. • Personal use of internet and e-mail and expectations of privacy. Also attached for your review is a new Social Media Policy. This policy helps the City to determine how its web -based social media and online community presence will be designed, implemented and managed. It also lays out how City of Stillwater employees can use information that has been obtained through their employment with the City in these social media communities. Please review both policies. If approved by council, training sessions will be held in January for all employees to bring them up to date on any changes in the revised policy and introduce the new policy. Recommendation Staff recommends the City Council consider approving the revised Technology and Internet Use Policy and the Social Media Policy. APPROVING THE CITY OF STILLWATER TECHNOLOGY AND INTERNET USE AND SOCIAL MEDIA POLICIES WHEREAS, the technology and internet use, and social media policies has been presented to the City Council. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the technology and internet use, and social media policies Adopted by the Stillwater City Council this 21 day of December, 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor City of Stillwater TECHNOLOGY AND INTERNET USE POLICY Purpose The City's intention in establishing this policy is not to impose restrictions that are contrary to the City's established culture of openness, trust and integrity. The City is committed to protecting its employees, partners and the public from illegal or damaging actions by individuals, either knowingly or unknowingly. This policy serves to protect the security and integrity of the city's electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. All data created on the City's systems remains the property of the City of Stillwater. There is no ,. guarantee of confidentiality of information stored on any device belonging to the City of Stillwater. Authorized individuals within the City of Stillwater will monitor equipment, systems, network traffic, e- mail, computer files, internet use and any other technology or technology use as it determines necessary and may disclose information from these sources to third parties without providing notice to employees. All employees are responsible for reading and following information that may be distributed from time - to -time by the technology department about appropriate precautions to protect city systems. An employee who violates any aspect of this policy may be subject to disciplinary action including revocation of certain system privileges or termination. Some exceptions to the Computer Use Policy will be allowed to users based on job responsibilities and duties, per department policy and in accordance to applicable State and Federal laws. Personal Use The city recognizes that some personal use of city -owned computers and related equipment has and will occur. Some controls are necessary, however, to protect the city's equipment and computer network and to prevent abuse of this privilege. • Only city employees may use city -owned equipment. Non -city employees, including family members or friends of employees are not allowed to use city equipment or technology resources. Personal use must take place during non -work hours (breaks, lunch hour, before or after work). Personal use should never preempt work use. • Reasonable use of city e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee's normal work and is consistent with all provisions in this policy. Employees should treat this privilege as they would the ability to make personal phone calls during work hours. • Employees are not allowed to use or connect personal peripheral tools or equipment (such as laptops, digital cameras, cell phones, printers, copiers, faxes, scanners, PDAs, jump drives, and wireless routers) to city -owned systems. Connection of such devices will result in confiscation Revised 12/2010 1 of the device and a loss of network privileges. The length of suspension will be determined by supervisory staff. • Files from appropriate personal use of the city's equipment may be stored on your computer's local hard drive, providing the size of all personal files does not exceed 50 MB. At no time may personal files that contain copyright material, such as mp3 files or photos, be stored on city computer systems. The city may inspect any data or information stored on its equipment or network, even if the information is personal to the employee. • Using city equipment or technology or knowingly allowing another to use city equipment or technology for personal business interests, for - profit ventures, political activities or other uses deemed by the City of Stillwater to be inconsistent with city activities is not allowed. If there is any question about whether a use is appropriate it should be forwarded to the MIS Specialist for a determination. Software, Hardware, Games and Screen Savers In general, all software and hardware required for an employee to perform his or her job functions. will be provided by the city. Requests for new or different equipment or software should be made to your supervisor. The department head should then contact the Information Technology Department. The following is approved software that may be downloaded by employees without prior approval: • Microsoft updates as provided in automatic updates to the user. • Anti -virus updates as provided in automatic updates to the user. • Microsoft clipart and photo files contained on the site www.microsoft.com. Unapproved software or downloads (free or purchased) including instant messaging programs, hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved by the technology department may compromise the integrity of the city's computer system and are prohibited. The technology department, without notice, may remove any unauthorized programs, software, equipment, downloads, or other resources if they are not properly licensed or could harm city systems or technology performance or if they have not been authorized by the technology department. If there is any question about whether software or hardware, downloads, etc. are appropriate it should be forwarded to the technology department for a determination. Electronic Mail The city provides employees with an e -mail address for work - related use. Some personal use of the city e -mail system by employees is allowed, provided it does not interfere with an employee's normal work and is consistent with all city policies. The city allows employees to access personal email accounts via the Internet provided such access occurs during non -work hours and fully complies with this computer use policy. An employee's personal e-mail (and other personal documents) accessed via a city computer are considered "public" data and are not protected by privacy laws. The City will monitor any employee's Revised 12/2010 2 use of e-mail without prior notice. Employees should not expect privacy in any activity conducted on a city -owned computer. • E -mail that is simple correspondence and not an official record or transaction of city business should be deleted as soon as possible and should not be retained by employees for more than three months. The city will not retain e-mail longer than one week in network back -ups. E -mail backups are only used for disaster recovery. • Electronic communication that constitutes an official record of city business must be kept in accordance with all records retention requirements and should be copied to appropriate files for storage. • Use common sense and focus primarily on using e-mail for city business. Never transmit an e- mail that you would not want your boss or other employees to read, or that you'd be embarrassed to see in the newspaper. • Do not correspond by e -mail on confidential communications (e.g. letters of reprimand, correspondence with attorneys, medical information). • Do not open e-mail attachments or links from an unknown sender. Delete junk or "spam" e-mail without opening it if possible, do not respond to unknown senders. • Do not gossip or include personal information about yourself or others in an e -mail. The following activities are strictly prohibited: • Do not use harassing language, including sexually harassing language or any remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e -mail. This includes the transmission of sexually explicit images, ethnic slurs, racial epithets, religious or political statements or anything else that may be construed as harassment or discrimination based on race, religion, age, national origin, sex sexual orientation, disability, marital status or other classification protected by state and federal law. All emails must comply with all city policies, including those related to respectful workplace, harassment prevention and workplace violence. • Employees are prohibited from using profanity or derogatory remarks in an e -mail, even when in jest • Sending unsolicited email messages including "junk mail" or other advertising material to individuals, internally or externally, who did not specifically request such material (email spam). Certain city related functions may be excluded from this provision. The City of Stillwater will be a responsible user of technology and will not engage in "spamming ". (Spam is defined as unauthorized and/or unsolicited electronic mass mailings.) • Unauthorized use, or forging, of email header information. • Solicitation of email for any other email address, other than that of the posters account, with the intent to harass or to collect replies. • Creating or forwarding "chain letters ", or other "pyramid" schemes of any type. • Employees are not allowed to subscribe to any listservs or register with websites using their City e -mail address unless they are specifically work related. Example: do not use your city e-mail to sign up for a newsletter from weight watchers or to have coupons sent to you from Kohl's. • Employees, including Council or Commission members, are not allowed to automatically forward electronic mail sent to a city e-mail address to a personal e-mail address. Revised 12/2010 3 If you are unsure whether an electronic communication is a government record for purposes of records retention laws, or is considered protected or private under data practices, check with your supervisor or the city clerk. System and Network Activities The following activities are prohibited: • Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the City of Stillwater. • Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the City of Stillwater does not have an active license. • Exporting software, hardware, technical information, encryption software or technology, in violation of export control laws. • Introduction of malicious programs into the network or server(s) (i.e. viruses, worms, Trojans, email bombs, etc.). • Effecting security breaches or disruptions of network communication. Security breaches include but are not limited to, accessing data of which the employee is not the intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. An example would be IT staff engaged in network or system support or application of these policies may access all system data, servers, switches, etc. and accounts. For purposes of this section, disruption includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes. • Port scanning and security scanning is expressly prohibited except by IT staff engaged in network or system support or application of these policies. • Circumventing user authentication or security of any host, network or account. • Using any program/script/command or sending messages of any kind with the intent to interfere with or disable any user's sessions, network function or system. Social Media Social media are primarily Internet and mobile based tools for sharing and discussing information. These tools include, but are not limited to, Facebook, Linkedln, MySpace, Blogs, microblogs such as Twitter, YouTube, Flickr etc. Some of this is discussed in this policy, however, the City of Stillwater has a policy in place to address social media. If you have any questions or are unsure of what the policy states, please contact the technology department. Instant Messaging The city does not provide employees with resources or tools to communicate by Instant Messaging (IM) when conducting city business. Employees are not allowed to use IM as a mechanism for personal communication through the city's computer network or when using city equipment, and are not allowed to download or install any IM software on their city computer. Revised 12/2010 4 Storing and Transferring Data As a general rule city related files and correspondence should not be created on personal or home computers. City business should be conducted on city owned equipment. In those instances where home or personal computers are used for city related functions users will adhere to all relevant city policies. Electronic documents, including a -mails and business - related materials created on an employee's home or personal computer, should be stored on the city's network in accordance with city records retention policies and the Minnesota Data Practices Act. The City provides storage on the network for all documents relating to City business. Each Department is provided with a folder on the S: drive for department wide storage and each employee is provided with a folder on the H: drive for individual storage. • City- related documents that an employee creates on his or her home computer or any other computer system should be copied to the city's network files. • Documents or electronic communications that may be classified as protected or private information under data practices requirements should be stored separately from other materials. • All network storage is for work - related data. No personal data may be stored on network storage devices. The IT staff will monitor network storage and delete any items that are non -work related without prior notice. • All City data should be stored on network devices, either department or individual folders." Users shall not store data that needs to be maintained as part of the City's record on their personal hard drives. Network storage is backed up every night and will be maintained by the IT Department. Data stored on the City's personal computer hard drives will not be backed up and is not the responsibility of the IT Department. • All employees must periodically review data kept on the network storage and delete any unneeded or unnecessary files from the system. Transferring data and documents between computer systems requires information to be stored on a floppy disk, CD -ROM, flash or USB drive, or other storage media. These items can also be used to transmit computer viruses or other items harmful to the city's computer network. The city has installed anti -virus software on each computer to protect against these threats by automatically scanning storage media for viruses and similar concerns. Internet The city provides Internet access to employees for work on city business. Employees may use this access for work - related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all city policies. The following considerations apply to all uses of the Internet whether business related or personal: • There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. • Internet use during work hours must be limited to subjects directly related to job duties. • Personal use of the Internet during non -work hours (breaks, lunch hour, before or after work) is permitted. However, employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions, or in manners that Revised 12/2010 5 otherwise violate city policies related to respectful workplace and harassment prevention. This prohibition includes information on social media sites such as Facebook and MySpace, blogs and microblogs such as Twitter. If you are unsure whether a site may include inappropriate information, you should not visit it. • No software or files may be downloaded from the Internet unless approved in advance by the technology department. This includes but is not limited to free software or downloads, maps, weather information, toolbars, music or photo files, clipart, screensavers and games. • Web radios are not allowed as they create unnecessary network traffic. • Employees may not participate in any Internet chatroom — an online meeting place to discuss a particular topic, sometimes in semi - privacy — unless the topic area is related to city business. • The city may monitor any employee's use of the Internet for any purpose without prior notice. Passwords and Physical Security of Equipment Employees are responsible for maintaining computer passwords and following these guidelines: • Passwords must be at least six (6) characters long and contain characters from three of the following five categories: uppercase, lowercase, digits, non - alphanumeric, and unicode characters. Passwords also cannot contain three or more characters from the user's account name. • The same password shall not be used for City of Stillwater accounts as for other non -City access (e.g. personal e-mail account, banking account, etc.). • Your passwords should not be shared or told to anyone with the exception of the IT staff. If it is necessary to access an employee's computer when he or she is absent, contact the IT Department. • Passwords should not be inserted into e-mail messages or other forms of electronic communication. • Passwords should not be stored in any location on or near the computer. If necessary, store your password in a document or hard copy file that is locked when you are absent from your desk. Do not store it electronically in a palm pilot or cell phone system. • The computer system will prompt employees to update passwords every six months. Employees must change passwords when prompted. • The "Remember Password" feature of applications shall not be used. • Passwords shall not be revealed over the phone to ANYONE. • The format of a password (e.g., "my family name ") shall not be revealed. • Passwords shall not be revealed on questionnaires or security forms. • Passwords shall not be shared with family members, friends or anyone else. Guidelines for Password Creation Poor, weak passwords have the following characteristics: • Contains less than six characters. • Is a word found in a dictionary (English or foreign). • Is a common usage word such as: 1. Names of family, pets, friends, co- workers, fantasy characters, etc. 2. Computer terms and names, commands, sites, companies, hardware, software. 3. Birthdays and other personal information such as addresses and phone numbers. 4. Word or number patterns like aaabbb, qwerty, zyxwvuts, 123321, etc. Revised 12/2010 6 5. Any of the above spelled backwards. 6. Any of the above preceded or followed by a digit (e.g., secretl, l secret) Strong passwords have the following characteristics: • Contain both upper and lower case characters (e.g., a -z, A -Z) • Have digits and punctuation characters as well as letters e.g., 0 -9, ! @ #$ % ^ & *Q_ +1-- _ \' { } [] :" ;' c ?, /) • Are not words in any language, slang, dialect, jargon, etc. • Are not based on personal information, names of family, etc. • Try to create passwords that can be easily remembered. One way to do this is create a password based on a song title, affirmation, or other phrase. For example, the phrase might be: "This May Be One Way To Remember" and the password could be: "TmB 1w2R!" or "Tmbl W >r —" or some other variation. NOTE: Do not use either of these examples as passwords! All computers, laptops, and workstations must be secured with a password protected screensaver with the automatic activation feature set at 15 minutes or less. Use caution if you leave equipment unattended because it is generally small and portable. Do not leave city computer equipment in an unlocked vehicle or unattended at any off -site facility (airport, restaurant, etc.). Remote Access Certain employees may be given the ability to access the city's computer systems from remote locations or from home, using either personal equipment or city -owned equipment. Remote access is generally limited to staff classified as exempt and who frequently work independently on city business. Non - exempt staff may be given temporary access from time to time as needed. Employees with remote access privileges will be given specific instructions from the technology department about how to protect city equipment and information resources. If you have any questions about remote access to the city's network, check with the technology department. Notice of Computer Problems Employees are responsible for notifying the technology department about computer problems or odd computer behavior. Employees should err on the side of caution when reporting issues because small problems may indicate a more serious network or computer system issue. Violations Employees who are aware of the violation of the above inappropriate uses are obligated to notify their immediate supervisor, the City Administrator or the MIS Specialist. Employees who violate this policy shall be subject to disciplinary action, including but not limited to: reprimands, suspension of some or all computer and technology use privileges, and termination. Violations of this policy or misuse of the City Technology system that are of a criminal nature may be referred for criminal prosecution. In addition to any disciplinary action, the City reserves the right to use all available legal means to receive reimbursement from a City employee for any and all costs and expenses incurred in correcting or Revised 12/2010 7 resolving computer problems associated with the unauthorized installation of software programs onto the computer or technology equipment assigned to that employee. The City shall monitor employee e-mail, computer files, Internet use and any other data and technology on its systems and equipment as it determines necessary and may disclose information from those sources to third parties without providing notice to employees. Managers and supervisors are responsible for ensuring the appropriate use of computers, E -mail, internet access and equipment through training, supervising, coaching, and taking disciplinary action, when necessary. Revised 12/2010 8 Employee Signature I have received and read the above policies and have had an opportunity to ask any questions. I understand that my failure to follow these policies may result in disciplinary action including revocation of system privileges or termination. I understand that the City shall monitor employee e-mail, computer files, Internet use and any other data and technology on its systems and equipment as it determines necessary and may disclose information from those sources to third parties without providing notice to employees. I further understand that by using equipment and technology that belong to the City, I am consenting to the monitoring of my use of that equipment and technology by the City. I understand that this Acknowledgement shall be kept as a permanent record in my personnel file. Print Employee Name Print Department Name Employee Signature Employee Signature Date Revised 12/2010 9 City of Stillwater SOCIAL MEDIA POLICY Policy The City of Stillwater will determine, at its discretion, how its web -based social media and online community presence will be designed, implemented and managed as part of its overall communications and information technology strategies and functions. City government social media and other web -based resources may be modified or removed by the City at any time and without notice, as necessary to maintain the integrity of both communications and information technology functions. Purpose It is the intent of the City of Stillwater to represent itself appropriately, consistently and positively on the internet. Collaborative technologies are fundamentally changing how information is provided, received and how the City can engage its citizens. To aid in meeting the goals of the City, the purpose of this policy is to establish procedures for creating and maintaining a social media and online community presence which is in accord with policies and directives established by City management. It also provides guidelines and standards for individual employees regarding the use of social media for communication with citizens, colleagues and the world at large. The City's official website, www.ci.stillwater.mn.us will remain the City's primary online medium for communicating with the public and should be referred to in any approved social media or online community the City establishes. Scope This policy applies to any existing or proposed social media web sites and online community accounts created by City employees during the course and scope of their employment. Definitions City Social Media — Those social media web sites established for the benefit of the City of Stillwater with authority granted as outlined in this policy. Includes all employee social media accounts established at the request of or with the approval of City management. City Social Media does not include employee's personal social media accounts. Social Media Web Sites — Focus on creating and fostering online social communities for a specific purpose and connect users from varying locations and interest areas. Social Networking — Offer a way for registered users to communicate with each other on the internet, usually offering many ways to connect to other registered users. These websites fall under four categories: • Conversation — blogs, message boards, twitter • Social Networking — Facebook, MySpace, LinkedIn • Content Sharing — YouTube, Flickr, Digg, Delicious Approved 12/2010 1 • Collaboration — Wikipedia, Micropublishing These web sites can offer many different ways for users to interface such as instant messaging, blogging and commenting, microblogging, status updates, online forums, web site link sharing, video conferencing, sharing photos, videos, etc. Microblogging (Twitter) — This is a form of blogging that allows registered users to post short updates (140 characters or less) about themselves and their activities. General Standards The creation of any social media websites or online community accounts must be approved prior to creation by the City Administrator. If approved, City of Stillwater IT staff must have administrative privileges to the account. The City of Stillwater social media web sites and online community accounts and their associated content should focus on significant City interest areas and be organized in a manner that avoids duplication, ambiguities and/or conflicting information. Social Media Web Site Responsibility It is the responsibility of the Department Head to ensure all City policies are followed when employees are establishing a City of Stillwater social media site or interacting with social media sites in the course of the employee's scheduled work. 1) All postings to City of Stillwater social media sites may be subjected to review by the MIS Specialist and/or the City Administrator and may be deleted without notice. 2) Administration of all social media web sites and online community accounts must comply with applicable laws, regulations and policies. 3) Separate City of Stillwater social media accounts must be created for any social media websites or online community accounts. A standard user account should be used. Each user should start with the name Stillwater and end with the name of the department. For example, Stillwater Police would be the account for the Police Department. City social media accounts accessed and utilized during the course and scope of an employee's performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political or policy issues or to express personal views or concerns pertaining to City employment relations matters. 4) Department Heads are responsible for assigning one employee to manage the social media accounts and will have direct responsibility for content posted on that site. Other than the Department Head and one assigned employee, no other employees will be allowed to post content to City of Stillwater social media sites. 5) As set forth in other City policies, City employees are blocked from accessing social media sites and other online communities on their City of Stillwater computers, except where an employee administers a site. Approved 12/2010 2 6) City of Stillwater social media and online community web site accounts are considered a City asset and logins to these accounts must be securely administered in accordance with City computer security policies. The MIS Specialist must be set up as an administrator on all City web site accounts. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. 7) A social media web site and online community accounts shall not be used by the City or any City employee or representative to disclose sensitive and/or confidential information without the prior written approval of the City Administrator. 8) All social media web sites and online community accounts created and utilized during the course and scope of an employee's performance of his/her job duties will be identified as belonging to the City of Stillwater, including the City logo, as well as a link to the City's official web site. 9) All social media web sites will be created in such a way that the public will NOT be allowed to make comments. They will contain only informational postings made by City of Stillwater employees. 10) Inclusion of the following disclaimer, as approved by the City Administrator, is required on all social media sites. "The City of Stillwater's use of external social media web sites is provided as a Public service. The City of Stillwater disclaims liability for ads, videos, promoted content or comments accessible from any external web site. The responsibility for external content or comments rests with the organizations or individuals providing them. Any inclusion of external content or comments does not imply endorsement by the City of Stillwater. The City reserves the right to delete any postings that are obscene, vulgar, threatening, contain profanities or show the City or its residents in a negative manner." Social Media Guidelines for City of Stillwater sites or accounts The following MUST be adhered to when posting content: 1. Do not upload, post, transmit or make available content you know to be false, misleading or fraudulent. All statement should be true and not misleading. Do not post photos that infringe on trademark, copyright or patent right of others. 2. Non - public and confidential information such as information related to coworkers, personnel data, medical information, claims or lawsuits against the city should not be shared. 3. Do not post content that exhibits hate, bias, discrimination, pornography, libelous or otherwise defamatory content. 4. Only post content that is suitable for readers and viewer of all ages. Do not post content that a reasonable viewer may not consider to maintain the dignity and decorum appropriate for government. 5. Do not post any photo or video without permission of each person or in the photo or video. No not post the name of any individual without permission from that person. Approved 12/2010 3 6. Some employees of the City of Stillwater have the opportunity in the performance of their jobs to take pictures or video of incidents such as crime scenes, car accidents etc. This content, no matter if it is obtained with city equipment or personal equipment, will not be allowed to be posted in any social media or online community situation. For example, a fire fighter that takes pictures of a burning home on his personal cell phone will NOT be allowed to post that content to ANY social media site. If you are allowed to obtain that content because you are an employee of the City of Stillwater than you are not allowed to use it without permission from the City of Stillwater. Content of this type is very sensitive and could cause the city to face legal issues if used. This applies mostly to public safety employee, but is applicable to all employees of the City of Stillwater. 7. Post meaningful and respectful comments. Do not spam, inflame or make comments that are offensive. • Posting may include: a. City events b. City partner events (i.e. Lumberjack Days, Art Festivals, etc.) c. Not - for - profit fundraisers held in the City • Posting not allowed: a. Sales at retail stores b. Garage sales, etc, for individual profit c. Events hosted entirely or primarily for a private gain d. Political Commentary Always think before posting; if it causes you to pause or question if it is appropriate, it should not be posted. 9. Respect proprietary information, content and confidentiality. Give credit to persons when required or appropriate. 10. Be transparent as to who you are and who you represent. Be clear about your role for the City of Stillwater so as to indentify your vested interest in the information you share. 11. Be aware that just by identifying yourself as a City of Stillwater employee you are creating perceptions about yourself and about the City. Be sure all content associated with you is consistent with your work and the City's professional standards. 12. Know and follow the City's rules for conduct, Internet Policy and the Social Media Policy. 13 Be aware that some information is confidential and /or sensitive until deemed available for public release. Employees are expected to maintain this confidentiality. 14. Your statements and posts should provide the community with information to improve their knowledge, skills, solve problems, or to understand City government and community activities better. 15. Social media is a conversation, so talk to the community as you would a real person in a professional situation. Be a leader while communicating and do not create incendiary statements to inflame others. Be careful and considerate of other points of view. • Posting guidelines: Approved 12/2010 4 a. No more than 1 or 2 posts per day on the site b. Please keep sites updated c. Post events close to the event, or people will forget it. At the very least, post a reminder close to the event. Social Media Guidelines for sites or accounts outside of the City of Stillwater The City of Stillwater realizes that employees of the City of Stillwater may be responsible for social media or online community content that is not owned by the City of Stillwater or have their own personal social media or online community accounts. The guidelines outlined above are effective for any content that is city- related or obtained as part of your employment with the City of Stillwater. The City of Stillwater Logo may not be used on any social media site or online community that does not belong to the City of Stillwater. Violations of the Policy Employees who are aware of the violation of the above inappropriate uses are obligated to notify their immediate supervisor, the City Administrator or the MIS Specialist. Employees who violate this policy shall be subject to disciplinary action, including but not limited to: reprimands, suspension of some or all computer and technology use privileges, and termination. Violations of this policy that are of a criminal nature may be referred for criminal prosecution. Exceptions /Changes Exceptions to this policy may be granted only by the City Administrator. This policy may be reviewed and changed at any time. Approved 12/2010 5 Appendix — Requests to create social media sites Any department wishing to create, modify or remove a social media presence must initially submit a request to the City Administrator. This will initiate a process to ensure that the City's array of sanctioned social media accounts are kept to a sustainable number, policies are followed, and the City's Internet -based communication strategy is appropriately maintained. Departments must request permission from the City Administrator, using a proposal that includes: • the subject; • whether the request is an addition, modification or deletion of a social media resource or its contents; • an introductory paragraph explaining the purpose and/or scope, including (as applicable) changes to the purpose and contents of existing social media; • a draft version of the page which incorporates the general standards; • expected frequency of updates; • expected frequency of site monitoring; • the target audience; • the author(s); • the moderator(s); • anticipated work load to create and maintain the site, as well as an explanation of any work that will be eliminated due to work on the site; • anticipated ending date for the site; • a statement on how the value of the site will be measured; and • signature of the requesting department's head indicating approval of the request. Formal action on the request will be determined by the City Administrator in consultation with the MIS Specialist. Approved 12/2010 6 ATTEST: Diane F Ward, City Clerk RESOLUTION 2010 -199 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 $201,289.00 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 21st day of December, 2010. Ken Harycki, Mayor LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -199 Able Hose & Rubber Inc. Ace Hardware Air Down There Ancom Communication, Inc. Aramark Uniform Services Armor Security Inc. AT &T Batteries Plus Boyer Ford Trucks Cardinal Tracking, Inc. Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Clark, Luann Comcast Cub Foods Derrick Construction Co., Inc EFA Park & Recreation Empire Bucket, Inc. Fastenal Company Fed Ex Frank Madden & Associates Gateway Cycle Gopher State One Call, Inc. H & L Mesabi Hardrives Inc. Heritage Embroidery & Design Ice Skating Institute Iceman Industries, Inc. J.B. Contracting J.H. Larson Electric Jefferson Fire & Safety, Inc. Lakes Region EMS Inc. Menards Metro Chief Officers Association Miller Excavating, Inc. MN Department of Agriculture MN Pollution Control Agency National Business Furniture National Safety Compliance, Inc New England Sports Sales, Inc. Professional Wireless Communications Quill Corporation Quiznos Alum Rocker Lugs Equipment Repair Supplies Hose Black HP, Fin Strap Assy Minitor V pagers Uniforms,Mats & Towels Monitoring Service 1/1- 3/31/2011 Telephone Batteries Brace Ticke Trak Envelopes Vehicle Repair Supplies Repair Supplies Computer Supplies Cleaning City Hall & Public Works Cable Bottled water For Fire & Police Server Room Play Equipment for Legends Park Rolled Plate for Grader Equipment Repair Supplies Freight Labor Relations Services Bontrager Trunk Interchange Bags for Bikes Billable Tickets Surfaced Blades for plowing 2010 Street Improvement Uniforms Skater Membership Treated Road Salt Reroof Northland Park Warming House Faucets, Repair Supplies Tru Spec Pants EMT class Zeuli, Jake Bell Repair Supplies Seminar Class 5 Recycle Gravel License Certifications Class SB test Certification Furniture for interview office Safety Posters Skate Sharpening Supplies Repair radios Certificate Document Cover General Election Dinners for Judges 147.97 173.01 59.63 2,754.86 857.82 89.78 104.76 106.64 116.79 723.64 1,183.58 56.03 94.13 1,057.50 124.07 250.56 25,393.50 36,532.63 225.00 144.82 23.22 172.50 319.96 187.05 2,478.01 46,382.64 216.00 78.00 1,977.19 3,450.00 2,738.52 118.65 1,450.00 431.30 75.00 76.77 20.00 23.00 902.97 128.40 362.35 460.18 50.34 561.22 EXHIBIT " A" TO RESOLUTION #2010 -199 R & R Specialties, Inc. S & T Office Products, Inc. Sentry Systems, Inc. Simplex Grinnell LP SOPAKCO Inc. St. Joseph Equipment Stillwater Collision & Restoration Stillwater Motor Company Stillwater Printing Co. Stillwater Towing Sun Newspapers Swift, Mary T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Trans Union LLC Valley Trophy Inc. Vermeer Sales and Service Washington County Property Records West Payment Center Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks,LLC LIBRARY Audio Go Avenet Baker & Taylor Baker & Taylor2 Blocher, Carolyn BWI Gale Gaylord Brothers Midwest Tape Nelson, Richard Office of Enterprise Technology Quill Stillwater Living Toshibab ADDENDUM B& B Products /Rigs and Squads Comcast Friends of Stillwater Area Dog Park Page 2 Zamboni Repair, Blade Sharpening,Nets Office Supplies Monitoring Services Alarm System Contract, Connect Server Rm Ration Meals Filter Body & paint repair on 2006 Sterling Vehicle Repair Charges St. Croix Rec Thank You Towing Publications Office supplies Fine Asphalt Acetylene Basic Service Shadow Box Police Deflector, Valve,Element Recording Fee Professional Services Tires for Police Fuel Telephone Books on CD Web Hosting Library Materials Materials Reimburse Expenses Children's Books Large Print Books Loft Pillows Rental DVD's Gallery Program Telephone Office Supplies Periodical Maintnenance Contract Strip Old Squad and Install New Squad Internet Request for Funds 755.17 218.42 143.83 3,588.66 417.18 89.20 1,858.63 51.92 10.69 205.16 229.23 54.60 327.52 9.87 5.00 85.45 126.49 46.00 177.88 1,282.94 9,187.35 572.18 2,400.00 600.00 560.16 98.18 74.32 2,239.59 845.00 190.92 5,091.26 100.00 393.45 105.06 22.00 20.97 2,568.80 399.80 100.00 EXHIBIT " A" TO RESOLUTION #2010 -199 Greatland Hennepin Technical College Heritage Printing Magnuson Law Firm Office Depot Qwest S & H Uniform Corp. Stillwater Motors Wiegand, Sheila Wulfing, David Xcel Adopted by the City Council this 21st Day of December, 2010 W -2's & 1099's Fire Officer Class Business Cards Professional Services Office Supplies Telephone Uniform Vehicle Repairs & Maintenance Reimburse purchase for CPC Meeting Supplies for K -9 Electricity, Gas Page 3 149.05 589.44 72.41 13,518.83 276.58 676.21 89.32 58.80 15.27 79.39 17,630.83 TOTAL 201,289.00 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2010 -199 Able Hose & Rubber Inc. Ace Hardware Air Down There Ancom Communication, Inc. Aramark Uniform Services Armor Security Inc. AT &T Batteries Plus Boyer Ford Trucks Cardinal Tracking, Inc. Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Clark, Luann Comcast Cub Foods Derrick Construction Co., Inc EFA Park & Recreation Empire Bucket, Inc. Fastenal Company Fed Ex Frank Madden & Associates Gateway Cycle Gopher State One Call, Inc. H & L Mesabi Hardrives Inc. Heritage Embroidery & #38; Design Ice Skating Institute Iceman Industries, Inc. J.B. Contracting J.H. Larson Electric Jefferson Fire & Safety, Inc. Lakes Region EMS Inc. Menards Metro Chief Officers Associati Miller Excavating, Inc. MN Department of Agriculture MN Pollution Control Agency National Business Furniture National Safety Compliance, Inc New England Sports Sales, Inc. Professional Wireless Communications Quill Corporation Quiznos Alum Rocker Lugs Equipment Repair Supplies Hose Black HP, Fin Strap Assy Minitor V pagers Uniforms,Mats & Towels Monitoring Service 1/1- 3/31/2011 Telephone Batteries Brace Ticke Trak Envelopes Vehicle Repair Supplies Repair Supplies Computer Supplies Cleaning City Hall & Public Works Cable Bottled water For Fire & Police Server Room Play Equipment for Legends Park Rolled Plate for Grader Equipment Repair Supplies Freight Labor Relations Services Bontrager Trunk Interchange Bags for Bikes Billable Tickets Surfaced Blades for plowing 2010 Street Improvement Uniforms Skater Membership Treated Road Salt Reroof Northland Park Warming House Faucets, Repair Supplies Tru Spec Pants EMT class Zeuli, Jake Bell Repair Supplies Seminar Class 5 Recycle Gravel License Certifications Class SB test Certification Furniture for interview office Safety Posters Skate Sharpening Supplies Repair radios Certificate Document Cover General Election Dinners for Judges 147.97 193.82 59.63 2,754.86 789.37 89.78 104.76 106.64 116.79 723.64 1,170.46 56.03 94.13 1,057.50 124.07 250.56 25,393.50 36,532.63 225.00 144.82 23.22 172.50 319.96 187.05 2,478.01 46,382.64 216.00 78.00 1,977.19 3,450.00 2,738.52 118.65 1,450.00 431.30 75.00 76.77 20.00 23.00 902.97 128.40 362.35 460.18 50.34 561.22 EXHIBIT " A" TO RESOLUTION #2010 -199 R & R Specialties, Inc. S & T Office Products, Inc. Sentry Systems, Inc. Simplex Grinnell LP SOPAKCO Inc. St. Joseph Equipment Stillwater Collision & Restoration Stillwater Motor Company Stillwater Printing Co. Stillwater Towing Sun Newspapers Swift, Mary T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply Trans Union LLC Valley Trophy Inc. Vermeer Sales and Service Washington County Property Records West Payment Center Wingfoot Commercial Tire Yocum Oil Company Zayo Enterprise Networks,LLC LIBRARY Audio Go Avenet Baker & Taylor Baker & Taylor2 Blocher, Carolyn BWI Gale Gaylord Brothers Midwest Tape Nelson, Richard Office of Enterprise Technology Quill Stillwater Living Toshibab Books on CD Web Hosting Library Materials Materials Reimburse Expenses Children's Books Large Print Books Loft Pillows Rental DVD's Gallery Program Telephone Office Supplies Periodical Maintnenance Contract Page 2 Zamboni Repair, Blade Sharpening, Nets Office Supplies Monitoring Services Alarm System Contract, Connect Server Rm Ration Meals Filter Body & paint repair on 2006 Sterling Vehicle Repair Charges St. Croix Rec Thank You Towing Publications Office supplies Fine Asphalt Acetylene Basic Service Shadow Box Police Deflector, Valve,Element Recording Fee Professional Services Tires for Police Fuel Telephone 755.17 226.78 143.83 3,588.66 417.18 89.20 1,858.63 51.92 10.69 205.16 188.73 54.60 327.52 9.87 5.00 85.45 126.49 46.00 88.94 1,282.94 9,187.35 572.18 2,400.00 600.00 560.16 98.18 74.32 2,239.59 845.00 190.92 5,091.26 100.00 393.45 105.06 22.00 20.97 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent sewer charges and is hereby levied as an assessment against those parcels and the total is $136,569.27. Adopted by the Stillwater City Council this 21 day of December, 2010. ATTEST: Diane F. Ward, City Clerk RESOLUTION 2010 -200 ADOPTING DELINQUENT SEWER CHARGES PROJECT NO. 0001 Ken Harycki, Mayor City of Stillwater 2010 Certification of Delinquent Utility Billings For Collection with the 2011 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 19.030.20.24.0027 $231.70 29.030.20.33.0010 $205.40 19.030.20.34.0031 $471.50 29.030.20.33.0013 $397.50 19.030.20.34.0034 $268.00 29.030.20.33.0048 $282.80 19.030.20.42.0007 $223.90 29.030.20.33.0062 $268.00 19.030.20.42.0020 $239.10 29.030.20.33.0063 $131.40 20.030.20.13.0011 $153.60 29.030.20.33.0076 $504.80 20.030.20.14.0008 $549.90 29.030.20.34.0010 $124.00 20.030.20.21.0015 $193.90 29.030.20.34.0020 $293.90 20.030.20.21.0020 $379.00 29.030.20.34.0035 $212.40 20.030.20.21.0029 $438.20 29.030.20.34.0045 $268.00 20.030.20.21.0050 $182.10 29.030.20.34.0081 $345.70 20.030.20.22.0022 $307.20 29.030.20.34.0084 $419.70 20.030.20.23.0007 $408.60 29.030.20.34.0085 $364.90 20.030.20.23.0037 $185.80 29.030.20.41.0023 $356.80 20.030.20.24.0009 $79.20 29.030.20.41.0042 $367.90 20.030.20.32.0021 $112.00 29.030.20.41.0049 $424.50 20.030.20.33.0026 $171.00 29.030.20.41.0055 $390.10 20.030.20.33.0045 $127.30 29.030.20.41.0092 $282.80 20.030.20.33.0077 $430.80 29.030.20.41.0093 $301.30 20.030.20.44.0003 $556.60 29.030.20.41.0104 $119.90 20.030.20.44.0024 $64.40 29.030.20.41.0109 $583.00 21.030.2.033.0016 $258.00 29.030.20.41.0111 $94.90 21.030.20.13.0053 $268.00 29.030.20.41.0116 $319.80 21.030.20.13.0062 $268.00 29.030.20.42.0009 $342.00 21.030.20.13.0064 $268.00 29.030.20.42.0014 $252.60 21.030.20.13.0074 $191.00 29.030.20.42.0017 $497.40 21.030.20.13.0089 $268.00 29.030.20.42.0031 $652.80 21.030.20.14.0007 $345.70 29.030.20.43.0020 $282.80 21.030.20.14.0010 $67.00 29.030.20.43.0027 $497.40 21.030.20.14.0014 $268.00 29.030.20.43.0030 $271.70 21.030.20.14.0022 $316.80 29.030.20.43.0031 $330.90 21.030.20.14.0032 $141.60 29.030.20.43.0041 $268.00 21.030.20.14.0033 $268.00 29.030.20.43.0075 $460.40 21.030.20.24.0012 $301.30 29.030.20.44.0014 $191.00 21.030.20.24.0028 $268.00 29.030.20.44.0020 $401.20 21.030.20.33.0027 $749.00 29.030.20.44.0026 $268.00 21.030.20.33.0062 $268.00 29.030.20.44.0029 $305.00 21.030.20.33.0073 $258.00 29.030.20.44.0031 $70.70 21.030.20.33.0079 $160.40 29.030.20.44.0041 $268.00 21.030.20.33.0099 $282.80 29.030.20.44.0075 $268.00 21.030.20.33.0113 $81.00 29.030.20.44.0114 $316.10 City of Stillwater 2010 Certification of Delinquent Utility Billings For Collection with the 2011 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 21.030.20.33.0114 $252.80 30.030.20.3.10058 $98.20 21.030.20.34.0009 $268.00 30.030.20.32.0046 $124.00 21.030.20.34.0027 $236.90 30.030.20.33.0033 $135.00 21.030.20.34.0036 $268.00 30.030.20.34.0009 $197.40 21.030.20.34.0066 $58.40 30.030.20.41.0019 $615.80 21.030.20.34.0073 $345.70 30.030.20.41.0028 $191.00 21.030.20.34.0077 $131.40 30.030.20.44.0035 $253.90 21.030.20.34.0080 $279.10 31.03.020.31.0027 $115.20 21.030.20.34.0116 $124.00 31.030.20.10.0034 $57.00 21.030.20.34.0133 $493.70 31.030.20.11.0007 $471.50 21.030.20.34.0139 $330.90 31.030.20.11.0038 $186.30 21.030.20.34.0142 $348.10 31.030.20.11.0041 $235.40 21.030.20.340146 $434.50 31.030.20.11.0066 $293.90 21.030.20.42.0042 $356.40 31.030.20.11.0080 $224.30 21.030.20.43.0009 $268.00 31.030.20.11.0085 $338.30 21.030.20.43.0015 $493.70 31.030.20.11.0088 $356.80 21.030.20.43.0017 $685.80 31.030.20.11.0090 $467.80 21.030.20.43.0025 $124.00 31.030.20.11.0091 $391.20 21.030.20.43.0030 $67.00 31.030.20.11.0098 $268.00 21.030.20.43.0031 $601.00 31.030.20.12.0007 $43.60 21.030.20.43.0045 $268.00 31.030.20.12.0013 $327.20 21.030.20.43.0046 $78.30 31.030.20.13.0012 $356.80 21.030.20.43.0058 $301.30 31.030.20.14.0061 $134.00 21.030.20.43.0074 $79.50 31.030.20.14.0068 $57.00 28.030.20.11.0002 $472.00 31.030.20.22.0034 $293.90 28.030.20.11.0013 $1,817.60 31.030.20.24.0042 $268.00 28.030.20.12.0026 $268.00 31.030.20.31.0006 $349.40 28.030.20.12.0028 $112.00 31.030.20.31.0078 $404.90 28.030.20.12.0029 $290.20 31.030.20.31.0092 $345.70 28.030.20.12.0048 $401.20 31.030.20.41.0021 $268.00 28.030.20.12.0063 $482.60 31.030.20.41.0039 $249.40 28.030.20.12.0073 $293.90 31.030.20.44.0015 $305.00 28.030.20.12.0078 $408.40 31.030.20.44.0017 $143.30 28.030.20.12.0115 $640.35 31.030.20.440014 $4,280.00 28.030.20.13.0081 $408.40 32.030.20.11.0019 $296.50 28.030.20.13.0101 $258.00 32.030.20.11.0020 $279.10 28.030.20.13.0128 $334.60 32.030.20.12.0011 $239.10 28.030.20.13.0149 $238.00 32.030.20.12.0012 $251.90 28.030.20.13.0167 $105.10 32.030.20.12.0014 $319.80 28.030.20.14.0061 $827.50 32.030.20.12.0048 $393.80 28.030.20.2.0036 $74.00 32.030.20.12.0049 $601.00 City of Stillwater 2010 Certification of Delinquent Utility Billings For Collection with the 2011 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.21.0004 $142.50 32.030.20.12.0053 $301.30 28.030.20.21.0009 $312.40 32.030.20.12.0058 $209.50 28.030.20.21.0010 $268.00 32.030.20.12.0070 $217.40 28.030.20.21.0023 $467.80 32.030.20.13.0029 $167.10 28.030.20.21.0069 $434.50 32.030.20.13.0048 $393.80 28.030.20.21.0074 $308.70 32.030.20.13.0050 $305.70 28.030.20.21.0101 $530.70 32.030.20.13.0065 $343.10 28.030.20.21.0107 $349.40 32.030.20.13.0070 $190.00 28.030.20.21.0108 $564.00 32.030.20.13.0084 $219.50 28.030.20.21.0112 $316.10 32.030.20.13.0097 $268.00 28.030.20.21.0114 $52.90 32.030.20.14.0008 $478.90 28.030.20.22.0012 $305.00 32.030.20.14.0022 $2,021.80 28.030.20.22.0015 $268.00 32.030.20.14.0046 $460.40 28.030.20.22.0040 $360.50 32.030.20.14.0079 $338.30 28.030.20.22.0042 $105.10 32.030.20.14.0106 $371.60 28.030.20.22.0044 $99.67 32.030.20.21.0009 $268.00 28.030.20.22.0051 $118.35 32.030.20.21.0054 $364.20 28.030.20.22.0058 $330.90 32.030.20.21.0104 $1,654.80 28.030.20.22.0073 $194.20 32.030.20.22.0012 $401.20 28.030.20.22.0079 $92.10 32.030.20.22.0017 $401.20 28.030.20.22.0088 $301.30 32.030.20.22.0065 $356.80 28.030.20.22.0089 $268.00 32.030.20.22.0084 $213.20 28.030.20.22.0095 $299.00 32.030.20.22.0085 $380.10 28.030.20.22.0101 $205.80 32.030.20.22.0107 $268.00 28.030.20.23.0015 $268.00 32.030.20.23.0018 $456.70 28.030.20.23.0056 $441.80 32.030.20.23.0026 $332.00 28.030.20.23.0060 $515.90 32.030.20.23.0028 $386.40 28.030.20.23.0070 $327.20 32.030.20.23.0046 $279.10 28.030.20.23.0081 $268.00 32.030.20.32.0068 $520.00 28.030.20.23.0108 $401.20 32.030.20.33.0014 $881.00 28.030.20.23.0113 $271.70 32.030.20.43.0028 $410.00 28.030.20.23.0118 $175.40 33.030.20.11.0030 $330.90 28.030.20.23.0123 $57.00 33.030.20.11.0044 $538.10 28.030.20.23.0132 $323.50 33.030.20.11.0048 $467.80 28.030.20.23.0136 $268.00 33.030.20.11.0063 $764.00 28.030.20.23.0140 $112.00 33.030.20.11.0065 $878.50 28.030.20.23.0140 $549.20 33.030.20.11.0085 $102.10 28.030.20.24.0020 $279.10 33.030.20.11.0087 $667.60 28.030.20.24.0024 $279.10 33.030.20.11.0102 $401.20 28.030.20.24.0025 $408.40 33.030.20.11.0107 $335.30 28.030.20.24.0028 $467.80 33.030.20.11.0111 $497.40 City of Stillwater 2010 Certification of Delinquent Utility Billings For Collection with the 2011 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.24.0039 $253.10 33.030.20.11.0126 $467.80 28.030.20.24.0051 $338.30 33.030.20.11.0129 $275.40 28.030.20.24.0061 $408.40 33.030.20.11.0136 $371.60 28.030.20.24.0064 $519.40 33.030.20.11.0138 $268.00 28.030.20.24.0099 $523.30 33.030.20.12.0010 $408.40 28.030.20.31.0004 $495.25 33.030.20.12.0017 $79.20 28.030.20.31.0042 $138.80 33.030.20.12.0021 $86.60 28.030.20.31.0049 $268.00 33.030.20.12.0035 $129.00 28.030.20.31.0050 $224.80 33.030.20.12.0039 $408.40 28.030.20.31.0125 $218.00 33.030.20.12.0041 $168.40 28.030.20.31.0132 $118.95 33.030.20.12.0049 $124.00 28.030.20.31.0135 $408.40 33.030.20.12.0051 $312.40 28.030.20.32.0002 $375.30 33.030.20.12.0054 $104.60 28.030.20.32.0004 $200.00 33.030.20.12.0062 $268.00 28.030.20.32.0031 $73.20 33.030.20.12.0083 $231.30 28.030.20.32.0046 $305.00 33.030.20.12.0086 $268.00 28.030.20.32.0058 $290.20 33.030.20.12.0087 $327.20 28.030.20.32.0075 $275.40 33.030.20.12.0089 $291.30 28.030.20.32.0099 $316.10 33.030.20.12.0091 $293.90 28.030.20.32.0100 $165.20 33.030.20.12.0110 $379.00 28.030.20.32.0107 $268.00 33.030.20.12.0111 $194.20 28.030.20.32.0144 $268.00 33.030.20.12.0121 $57.00 28.030.20.33.0016 $312.40 33.030.20.13.0030 $382.70 28.030.20.33.0022 $138.80 33.030.20.13.0030 $316.10 28.030.20.33.0027 $371.60 33.030.20.13.0031 $341.40 28.030.20.33.0053 $305.00 33.030.20.13.0031 $309.40 28.030.20.33.0059 $445.60 33.030.20.13.0042 $218.00 28.030.20.33.0061 $112.00 33.030.20.13.0045 $199.50 28.030.20.33.0074 $1,363.00 33.030.20.13.0057 $124.00 28.030.20.33.0083 $85.50 33.030.20.13.0061 $268.00 28.030.20.33.0100 $356.80 33.030.20.13.0066 $460.40 28.030.20.33.0107 $375.30 33.030.20.13.0074 $208.40 28.030.20.34.0006 $68.10 33.030.20.14.0022 $92.10 28.030.20.34.0007 $268.00 33.030.20.14.0029 $311.30 28.030.20.34.0018 $431.70 33.030.20.14.0071 $327.20 28.030.20.34.0039 $412.30 33.030.20.14.0074 $268.00 28.030.20.34.0044 $338.30 33.030.20.14.0120 $268.00 28.030.20.34.0087 $268.30 33.030.20.14.0127 $141.95 28.030.20.34.0110 $338.30 33.030.20.14.0128 $268.00 28.030.20.34.0125 $60.70 33.030.20.14.0132 $268.00 28.030.20.41.0032 $772.00 33.030.20.21.0008 $64.40 City of Stillwater 2010 Certification of Delinquent Utility Billings For Collection with the 2011 Property Taxes Project #0001 1 Year - 10% Interest Property Certification Property Certification ID Amount ID Amount 28.030.20.41.0036 $827.50 33.030.20.21.0042 $290.20 28.030.20.41.0049 $889.00 33.030.20.21.0063 $268.00 28.030.20.41.0089 $794.20 33.030.20.21.0082 $408.40 28.030.20.41.0095 $1,290.00 33.030.20.21.0102 $245.40 28.030.20.41.0096 $1,603.90 33.030.20.21.0104 $290.20 28.030.20.41.0105 $2,497.10 33.030.20.21.0116 $345.70 28.030.20.41.0109 $1,133.35 33.030.20.21.0123 $419.70 28.030.20.42.0137 $268.00 33.030.20.22.0041 $268.00 28.030.20.43.0006 $131.40 33.030.20.22.0055 $268.00 28.030.20.43.0012 $57.00 33.030.20.24.0012 $268.00 28.030.20.43.0100 $693.30 33.030.20.24.0027 $353.10 28.030.20.44.0029 $233.80 33.030.20.31.0041 $275.40 28.030.20.44.0032 $57.00 33.030.20.31.0065 $375.30 29.030.20.11.0057 $409.70 33.030.20.32.0016 $556.00 29.030.20.14.0017 $297.60 33.030.20.32.0016 $1,981.10 29.030.20.14.0032 $445.60 33.030.20.33.0002 $1,492.00 29.030.20.21.0007 $286.30 33.030.20.34.0021 $567.70 29.030.20.21.0061 $271.70 33.030.20.41.0012 $57.00 29.030.20.24.0005 $299.80 34.030.20.22.0013 $430.80 29.030.20.24.0011 $268.00 34.030.20.22.0028 $375.30 29.030.20.24.0037 $360.50 34.030.20.22.0056 $57.00 29.030.20.24.0051 $527.00 34.030.20.22.0068 $345.70 29.030.20.31.0031 $68.10 34.030.20.22.0076 $475.20 29.030.20.31.0034 $68.10 34.030.20.23.0037 $190.00 29.030.20.31.0043 $427.10 34.030.20.23.0044 $268.00 29.030.20.32.0014 $364.50 34.030.20.23.0045 $712.00 29.030.20.32.0034 $456.70 34.030.20.23.0049 $167.70 29.030.20.32.0044 $356.80 34.030.20.23.0053 $541.60 29.030.20.32.0066 $71.80 34.030.20.31.0025 $235.00 29.030.20.32.0068 $382.70 $136,569.27 MEMORANDUM TO: Mayor & Council FROM: Tim Moore, Assistant Public Works Superintendent Tfril , SUBJECT: St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement DATE: December 15, 2010 The annual management agreement for the Recreation Center and Lily Lake Arena is up for renewal. The facilities have been very well managed by St. Croix Caterers, Inc. since 1998 and the management fee ($35,000 per year) has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers and Doug Brady, the manager, does an excellent job of keeping both facilities full and satisfying the needs of the various groups that want ice time, etc. The Parks and Recreation Commission reviewed the proposed contract and recommends that it be approved. RECOMMENDATION Renew the contract at the annual rate of $35,000. ATTEST: Diane F. Ward City Clerk RESOLUTION 2010 -201 APPROVAL OF THE ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with St. Croix Catering, Inc. and the City of Stillwater for management of the St. Croix Valley Recreation Center and Lily Lake Arena, 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 21st day of December, 2010. Ken Harycki, Mayor ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ( "Agreement ") is made this day of 2010, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City "), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ( "St. Croix "). The City is the owner of Lily Lake Ice Arena ( "Lily Lake ") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities "). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2011 and continuing until December 31, 2011, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not Tess than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so- called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: WITNESSETH a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty -five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with Page 1 of 11 a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions "). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ( "Sports Facilities Fund "). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or Page 2 of 11 any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, Tess applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty -four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and /or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and /or amend the annual budget and work program as specified in Section 3.01. Page 3 of 11 Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2010 and ending December 31, 2010. The budget will become a part of this Agreement and will be attached as Exhibits "A ", "B" and "C ". The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2011. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty - five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5 %) of the gross revenues ( "Management Fee "), not to exceed a total fee of thirty -five thousand and no /100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no /100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event , of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet Page 4 of 11 and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ( "Additional Capital Improvements ") and the purchase of additional equipment ( "Additional Equipment ") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Page 5 of 11 Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records, Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default, Right to Cure, Consent to Jurisdiction and Waiver of Jury Trial. 11.01 It will bean event of default ( "Event of Default ") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific Page 6 of 11 circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice "). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re- employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Page 7 of 11 Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, Toss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Employees. 15.01 All persons engaged at the Facility in operating any of the services hereunder are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation Page 8 of 11 or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: Page 9 of 11 If sent to the City: If sent to St. Croix Catering: City Administrator/Treasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On -site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Majeure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. STATE OF MINNESOTA COUNTY OF WASHINGTON )s.s. Page 11 of 11 CITY OF STILLWATER a Minnesota Municipal Corporation Ken Harycki, Mayor Diane F. Ward, Clerk ST. CROIX CATERERS, INC. Richard Anderson, President On this day of , 2010, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialis Date: December 17, 2010 Subject: Health and Wellness Grant I applied for a Statewide Health Improvement program (SHIP) grant from the Washington County Department of Public Health to plan and implement an employee health risk assessment, needs and interest survey, and develop a worksite wellness program based on this information. I requested $4000 to pay for the assessment and consultation to develop a 3 year worksite wellness plan. Additional funds will be used for staff time to work with Advantage Health to develop a worksite wellness policy for the City of Stillwater. I received notice today that we have been awarded those funds. These funds do not require any in -kind contributions by the City of Stillwater. I am requesting acceptance of the SHIP grant from Washington County. RESOLUTION 2010 -202 AUTHORIZING THE ACCEPTANCE OF A HEALTH & WELLNESS GRANT FROM STATEWIDE HEALTH IMPROVEMENT PROGRAM WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, MN that the acceptance of the grant Health & Wellness Grant from Statewide Health Improvement Program Washington County, as on file with the City Clerk is hereby approved and that the Mayor and City Clerk are authorized to execute the agreement on behalf of the City of Stillwater Adopted by the Stillwater City Council this 21 day of December 2010. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor V MIN NESC>TA'S I SI' N December 14, 2010 Rose Holman City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Ms. Holman, Lowell R. Johnson Director SHIP Washington - County Washington County Department of Public Health and Environment is pleased to announce that the Worksite Partner Project for City of Stillwater has been funded by the Statewide Health Improvement Program (SHIP) grant. Your project met the criteria for the use of SHIP funds to support comprehensive wellness components including policy, system and environmental changes for nutrition, physical activity or tobacco cessation in your worksite. The SHIP program is an integral part of Minnesota's nation - leading 2008 health reform law which strives to reduce overall health care costs; help Minnesotans lead longer, healthier lives by preventing the chronic disease risk factors of tobacco use and exposure and the resulting economic burdens; poor nutrition; and physical inactivity. A funding process for all Washington County projects has been established in collaboration with the Minnesota Institute of Public Health who will act as the fiscal agent. SHIP staff has set up a conference call opportunity as the next step in learning about the process and timelines. The partner project phone conference will be on Thursday, January 6 at 1:30 p.m. Please call 866 - 617 -5546, when prompted, enter participant code: 2456950. To reserve your phone line for the call, please RSVP to Kim Ball, Senior Community Health Specialist at kim.ball @co.washington.mn.us. If you have a conflict on this date, please contact Kim to set up a separate time to meet regarding project funding. Again, congratulations and we look forward to successful SHIP Worksite Partner Projects. Sincerely, ayu+K The Statewide Health Improvement Program (SHIP), an integral part of Minnesota's nation - leading 2008 health reform law, strives to help Minnesotans lead longer, healthier lives by preventing the chronic disease risk factors of tobacco use and exposure, poor nutrition and physical inactivity. For more information, visit http: / /www. health. state.mn.us /healthreform/ship. MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: December 17, 2010 Subject: Rollover of Unexpended 2010 Capital Outlay Funds This memo is to request Council approval to rollover unexpended 2010 Capital Outlay funds. I am requesting rollover for the 5310 account (computer equipment) for several departments. 100 — 4020 MIS $ 38,409.00 100 — 4040 Administration $ 5,382.51 100 — 4030 Finance $ 20,000.00 100 — 4055 Community Dev. $ 4,043.00 100 — 4090 Engineering $ 2,400.00 100 — 4080 Inspections $ 11,787.00 100 — 4100 Streets $ 954.00 202 — 4202 Recreation Center $ 6,243.00 100 — 4060 Police $ 27,743.00 100 — 4070 Fire $ 13,098.00 700 — 4700 Sewer $ 8,200.00 These are the amounts that I am requesting to rollover from each department for 2010. However, these amounts will be reallocated as needed for 2011. STAFF REQUEST ITEM Re\l( sQ Department: Plant City Hall Date: December 15, 2010 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2010 Capital Outlay funds and place the remaining funds into the 2011 Capital Outlay budget. 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) Carry over requested as of December 15, 2010: 2010 Capital Outlay City Hall Improvements $ 35,400.00 ADDITIONAL INFORMATION ATTACHED Yes No X 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: Larry D. Hansen Date: December 15, 2010 Department: Recreation Center Date: December 16, 2010 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2010 Capital Outlay funds and place the remaining funds into the 2011 Recreation Center Capital Outlay budget. 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) Carry over requested as of December 16, 2010: 2010 Capital Outlay Machinery & Equipment $ 9,500.00 2010 Capital Outlay Improvements STAFF REQUEST ITEM sea $ 10,000.00 Total: $ 19,500.00 ADDITIONAL INFORMATION ATTACHED Yes No X 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: Doug Brady Date: December 16, 2010 STAFF REQUEST ITEM Department: Fire Date: December 1, 2010 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2010 Capital Outlay funds and place the remaining funds into the 2011 Fire Department Capital Outlay budget. 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) Carry over requested as of December 1, 2010: 2010 Capital Outlay Machinery & Equipment $ 25,157.09 (Turnout Gear Replacement, radio pagers, suppression equipment) 2010 Capital Outlay Improvements $ 17,842.00 (Station Improvements, Replace Carpet, Apparatus Floor Maintenance, Station Furniture) Total: $ 42,999.09 ADDITIONAL INFORMATION ATTACHED Yes No X 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: Stuart W. Glaser Date: December 1, 2010 STAFF REQUEST ITEM Department: Recreation Center Date: December 16, 2010 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2010 Capital Outlay funds and place the remaining funds into the 2011 Recreation Center Capital Outlay budget. 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) Carry over requested as of December 16, 2010: 2010 Capital Outlay Machinery & Equipment (Turnout Gear Replacement, radio pagers, suppression equipment) $ 9,500.00 2010 Capital Outlay Improvements $ 10,000.00 (Station Improvements, Replace Carpet, Apparatus Floor Maintenance, Station Furniture) Total: $ 19,500.00 ADDITIONAL INFORMATION ATTACHED Yes No X 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: Doug Brady Date: December 16, 2010 TO: Mayor and City Council FROM: Shawn Sanded, Director of Public Works DATE: December 17, 2010 SUBJECT: 2010 Capital Outlay Carryover DISCUSSION: The Public Works Department is requesting monies from the 2010 Capital Outlay be carried over into 2011. The request includes: SANITARY SEWER Staff is requesting a carryover amount of $746,059.20 for the following proposed projects: • Downtown Sewer Lining -This project would reline the sanitary sewer main from Nelson Street to Laurel Street and would eliminate inflow /infiltration coming into the sewer during high river levels in the spring. Estimated cost of the project is $500,000. • Lift Station Improvements • Seal and waterproof Marine Circle and Mid Oaks dry wells - $20,000 • Sewer chewer and by -pass manhole at Nelson Street - $85,000 • Bypass manholes at Marine Circle and Mid Oaks - $44,000 • Balance kept in reserve for other improvements that may be needed. PARKS MEMORANDUM Staff is requesting a carryover amount of $186,953:57 for the following items: • Ramsey/ Grove park and Triangle Park play equipment - $90,000 • Teddy Bear Park turf replacement - $5,000 • Building improvements at Lily Lake (bathrooms and picnic shelter), Northland Park, and Lowell Park - $17,800( under contract , but not completed) • Mower - $38,000 • Landscape trailer $3500 • Fertilizer /seeder mower attachment - $27,00 RECOMMENDATION It is recommended that Council approve the Capital Outlay carryover request for the amounts listed for the Sewer, and Parks Departments. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the Capital Outlay carryover request for the Sewer, and Parks Departments ORDINANCE 1025 AN ORDINANCE AMENDING CHAPTER 56 OF THE STILLWATER CITY CODE, TAXES AND ASSESSMENTS, SECTION 56 -5, LOCAL LODGING TAX - ESTABLISHED The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 56 -5, (1), "Effective Date" is hereby modified to read as follows: (1) Effective Date. This section will be in full force and effect from and after its date of publication and will establish the tax set forth in this section upon gross lodging receipts generated beginning on January 1st, 2011 and thereafter and, unless revised by action of the City Council, until December 31st, 2013, when the tax will sunset by operation of law. 2. ADDING. The Stillwater City Code, Section 56 -5, (2), "Annual Report ". The Convention and Visitors Bureau (CVB) Board must provide the City Council an annual final report prior to December 1st of each year. At a minimum, the report must account for income and expenses of the CVB for the year, and propose a budget for the following year. 3. SAVING. In all other ways, the City Code will remain in full force and effect. 4. 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 21st day of December, 2010. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk a RT M P L A C E O F M I N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director - Z DATE: December 14, 2010 RE: Event Policy Resolution On December 7, 2010 the City Council conceptually approved the Special Events Task Force recommendations on events. Those recommendations are incorporated into the attached resolution entitled "RESOLUTION ESTABLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS ". Also on December 7th Councilmember Cook introduced a draft resolution pertaining to downtown beautification polices. That draft resolution is attached. To reflect standard resolution format, actions of the Special Events Task Force, department management practices, and annual budgeting practices, staff has attached a version of the draft resolution that includes suggested edits. Attachments: Resolution on Event Policies Draft Resolution on Downtown Beautification Policies Proposed Staff Edits to Beautification Policies Resolution Event Special Event Special Event With Contract A gathering is considered an event when any one of the A gathering is considered a special event when any one of the A special event requires a 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 to 5 hours; or any portion of a commercial street is closed for up to 2 hours. residential street is closed for more than 5 hours; or more than one block of a residential street is closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use - to 9 2) Public parking lot use - 10 or spaces in a public parking lot are reserved. more spaces in a public parking lot are reserved. 3) Street use - The event has a 3) Street use - The event has a route (continued on next page) route on a public street(s), such as races, walks, or parades. (continued on next page) on a public street(s) (such as a race, walk or parade) that requires street closure, traffic control, street sweeping, or the use of "no parking signs" along the route. (continued on next page) RESOLUTION NO. 2010- RESOLUTION ESTABLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS WHEREAS, in the past, the review of event applications has been somewhat inconsistent; and WHEREAS, the City Council established a Special Events Task Force to study issues related to events and directed them to develop recommendations for addressing those issues; and WHEREAS, the Special Events Task Force met for 18 months to develop recommendations, which were presented to the City Council on October 5, 2010; and WHEREAS, the City Council considered the Task Force recommendations for several months and found them to be reasonable and acceptable. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves policies and procedures for reviewing event applications as follows: 1. For the purpose of determining which gatherings will be required to submit an event application to the City for review, the following thresholds will apply: 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 by the city. Event Application Policies Page 2 of 5 2. The following policies related to public notification and public comment will apply: a. 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. b. 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. c. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. i. 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. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. ii. 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. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. Event Application Policies Page 3 of 5 4. The public notification must be distributed by the organizer at least 7 days before the special event. 5. 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. 6. 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. d. Special events that REQUIRE contracts will need to provide an opportunity for public comment. i. 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 mailing notices by first class mail and the costs of hosting the meeting must be paid by the applicant for the special event permit together with any applicable permit application fees. ii. 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. iii. 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. e. 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. Event Special Event Special Event with Contract No neighborhood notice required Neighborhood notice not required if special event occurs completely within a city park. If it does not, then neighborhood notice is required. Neighborhood notice by event host required No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered ". No post -event questionnaire required No post -event questionnaire required A post -event questionnaire is required. This requirement also applies to "grandfathered" special events. Reviewed only by city staff, unless a noise variance is requested. The Council must review a noise variance. Reviewed by City Council, city staff, and applicable Commissions Reviewed by City Council, city staff, and applicable Commissions Event Application Policies Page 4 of 5 A summary of the public notice and public comment policies follows: 3. The following fees will apply: a. 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. b. "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. c. "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. d. "Special event with city contract" application fee — A $50 base application fee will be charged. In addition the cost of mailing notices (first class postage, letterhead, envelopes) for the public input meeting for this type of gathering must be paid by the applicant. e. 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. f. 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 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. Event Application Policies Page 5 of 5 ATTEST: g. Diane F. Ward, City Clerk estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables Orange Fencing Trash Containers Refuse Collection Portable toilets Portable toilet — Handicapped Electrical use (Parks, except Lowell Park) Electrical use (Lowell Park) Barricade 4' to 12' Barricade 4' to 12' with flasher Drums Reflective Cones Traffic Sign on stand PD No Parking Signs $10.00 /table /day $2.50 /lineal foot $8.00 /container /day Cost of staff time $60 /event/unit $150 / event/unit $10.00 /day $20.00 per elec. box/day $2.00 /barricade /day $5.00 /barricade /day $1.00 /drum /day $1.00 /cone /day $2.00 /sign /day $1.00 /sign /day 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. Adopted by the Stillwater City Council this 21 day of December, 2010. Ken Harycki, Mayor CITY OF STILLWATER Special Events Task Force (SETF) - Beautification Resolution WHEREAS the City of Stillwater is a historic and natural treasure, the prominent gateway to the scenic St. Croix valley and as such is a highly sought after venue for events; and WHEREAS it is the duty of the City of Stillwater to protect the health, safety and welfare of all residents and visitors including maintaining our public property while fostering tourism and encouraging commerce that enhances the quality of life; and WHEREAS events and the general appearance of downtown reflect on the city as a whole and it is in the community's best interest to promote a welcoming and aesthetically pleasing environment for residents and visitors alike. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA, AS FOLLOWS: 1. The City will put $15,000 annually into a downtown beautification fund. 2. The City will direct the Parks and Planning Departments to implement the recommendations of the SETF report regarding beautification elements within the context of the city's comprehensive plan. 3. The City will develop a repeatable, sustainable process for improvements including establishing visual impact standards in conjunction with the Chamber of Commerce, Independent Business Association and the Convention and Visitor's Bureau. 4. The City will work with event planners and downtown businesses to ensure Stillwater's natural beauty and historic character are highlighted for attendees and retained after events are completed. 5. The City will form a commission to ultimately provide leadership to enhance and expand beautification efforts including developing additional sources of funding through grants, donations, sponsorship, fundraising, merchandising, government, estate planning and corporate gifts. By this resolution the Stillwater City Council hereby commits to monitoring current events and future requests to use our venue using the guidelines as put forth and reviewing contracts annually and renegotiating if necessary. Further, the City may encourge and solicit specific types of events and require promoters to demonstrate the benefit to our community. • CITY OF STILLWATER RESOLUTION NO. 2010- RESOLUTION ESTABLISHING POLICIES RELATED TO DOWNTOWN BEAUTIFICATION Special Events Task Force (SETF) Dea*rtification Resolution WHEREAS, the City of Stillwater is a historic and natural treasure, the prominent gateway to the scenic St. Croix River ¥Valley and as such is a highly sought after venue for events; and WHEREAS, it is the duty of the City of Stillwater desires to protect the health, safety and welfare of all residents and visitors including and maintaining our its public property while fostering tourism and encouraging commerce that enhances the quality of life; and WHEREAS, events and the general appearance of downtown Stillwater reflects on the city as a whole and it is in the community's best interest to promote a welcoming and aesthetically pleasing environment for residents and visitors alike.. -: and WHEREAS, events that use the downtown area as a venue can have a negative impact upon the general appearance of downtown if not closely monitored. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA, that the Stillwater City Council hereby establishes the following downtown beautification policies:AS FOLLOWS: 1. The City will put $15,000 annually into a downtown beautification fund. 2. The City will direct the Parks Public Works and PlanningCommunity Development Departments tewill implement the recommendations of the Special Events Task Force (SETF) .. - _ . .. - _ as documented within the "Report on Special Events Task Force Recommendations" dated November 29, 2010 and found in the packet of information supporting the City Council agenda of December 7, 2010. (Hereinafter referred to as "The SETF Report "). This will be done within the context of the city's 2030 Ceomprehensive pPlan. 3. The City will develop a repeatable, sustainable process for improvements Goinmerce, Independent Business Association and the Conve Bureau work program based upon the document entitled "Downtown Beautification Planning Document" as attached to The SETF Report. 4. The City will work with event planners and downtown businesses to ensure Stillwater's natural beauty and historic character are highlighted for attendees and retained after events are completed. The City will form a cominiss nn to ultinintely provide leadership to enhance and estate planning and corporate gifts. 5. By this resolution tThe Stillwater City Council hereby commits to monitoring current events and future requests for events in to use downtown Stillwater out venu using the guidelines as put forth they appear in Resolution No. 2010 -XXX and The SETF Report. Moreover. based upon the monitoring results, the City will previewing contracts for special ev ents annually and renegotiateing them if necessary. and require promoters to 4#e the benefit to our community. ATTEST: Adopted by the Stillwater City Council this 21 day of December, 2010. Diane F. Ward, City Clerk Ken Harycki, Mayor Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: December 17, 2010 Re: Human Rights Commission Appointments We have received one (1) application for the Human Rights Commission from Carla Harvieux. We are still short on this commission by three people. RECOMMENDATION: i 1 'Water Administration Review application and if desired, make the appointment by adopting a resolution approving appointment to the Human Rights Commission. NOTE: We are still one short member on Parks and will continue to advertise. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that at their December 21, 2010 regular City Council meeting they appointed Carla Harvieux to the Human Rights Commission with the term expiring on May 1,2013: Attest: APPOINTING CARLA HARVIEUX TO THE PLANNING COMMISSION Adopted by the Stillwater City Council this 21st day of December, 2010 Diane F. Ward, City Clerk Ken Harycki, Mayor Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: December 16, 2010 Re: Administrative Fees for Mowing, Clean up, and Snow Removal Services The City currently only passes on the contract costs mowing and clean up work except in a few cases that involve an extraordinary amount of staff time. But, even in the most simple cases there is a fair amount of staff time involved to handle code enforcement, billing /collections, and vendor payment in each of these cases. To cover these costs staff is suggesting that we begin to apply a flat administrative fee for uncomplicated cases. For most cases staff suggests a fee of $100.00 be applied each time one of these services occurs. In the case of reoccurring mowing, staff suggests a fee of $50.00 be applied to the second mowing and each time a property is mowed after that. The reason for this different is when a property is placed on the reoccurring mowing list, the contractor will automatically mow the property every two to three weeks without additional code enforcement work. This fee will place the burden of administrative costs on the banks /property owners who are not maintaining these properties and not on the general public. Requested Action Staff recommends that the Council approve a flat fee of $100.00 for nuisance property correction and a flat fee of $50.00 for each subsequent mowing occurrence. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 Fax: 651.430 -8810 email: mpogge@ci.stillwater.mn.us Memo Community Development Department To: City Council From: Michel Pogge, City Plannerj/�� Date: December 16, 2010 Re: 2011 Annual Contract for Mowing and Clean up Services Since 2008, the City has outsourced mowing, snow removal and property clean up Services related to foreclosures, vacant and non - responsive property owners. For the upcoming 2011 year staff tried to lower the cost of these services by requesting proposals from more companies and by making a few changes to the scope of the program. Request for bids were sent to 18 companies, staff published a notice in the newspaper, and we placed a notice on the City's website. By the December 14 deadline, the City received three bids for the project. Following is the bid tabulation. CLEANING OF TRASH AND DEBRIS (per hour) BOARDING AND SECURING PROPERTY (per opening) SECURING PROPERTY (per opening) $ 106.88 $ 133.59 $ 160.31 $ 64.13 $ 80.16 $ 90.84 $ 160.00 $ 105.00 $ 190.00 $ 90.00 $ 60.00 $ 110.00 $ 100.00 $ 100.00 $ 200.00 $ 50.00 S 50.00 $ 100.00 P e 1 is VACANT LOT (per lot) LOT WITH HOUSE OR BUILDING (per lot) PARCELS CONTAINING ONE ACRE OR MORE (per acre VACANT LOT (per lot) LOT WITH HOUSE OR BUILDING (per lot) PARCELS CONTAINING ONE ACRE OR MORE (per acre Chris Hassis Four Seasons Snow Removal & Company A -1 Maintenance Outdoor Services Yard Services r.0 SINGLE STREET RESIDENTIAL SIDEWALK 1.5 " -4" snow cover (per time) $ 75.00 $ 35.00 $ 50.00 SINGLE STREET RESIDENTIAL SIDEWALK 4 " -8" snow cover (per time) $ 95.00 $ 50.00 $ 75.00 CORNER LOT RESIDENTIAL SIDEWALK 1.5 " -4" snow cover (per time) $ 150.00 $ 65.00 $ 100.00 CORNER LOT RESIDENTIAL SIDEWALK 4 " -8" snow cover (per time) $ 190.00 $ 85.00 $ 150.00 OTHER NON - RESIDENTIAL SIDEWALK SNOW REMOVAL (per hour) $ 50.00 $ 50.00 $ 50.00 From the desk of... Michel Pogge, AICP -City Planner City of Stillwater .216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 . Fax: 651.430 -8810 email: mpogge @ci.stillwater.mn.us Overall the bids were competitive and lower than last year's contract price. This will result in a substantial savings over last year's contract. The largest part of the contract is mowing and property clean up services and the lowest bidder is C. Hassis Snow Removal & Yard Services LLC. The lowest bidder on the snow removal was Four Seasons Outdoor Services. The lowest bidder on securing property was A -1 Maintenance. Though securing property was bid lowest by A -1 Maintenance, it was only minimally less than Four Season's bid. That minimal cost different will more than be made up in administrative cost saving if it is combined with the Four Seasons contract. Requested Action Staff recommends awarding the mowing and property clean up to C. Hassis Snow Removal & Yard Services LLC. Additionally, staff recommends awarding a contract for both snow removal and securing property to Four Seasons Outdoor Services. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us ACCEPTING BID AND AUTHORIZING CONTRACT FOR THE 2011 ANNUAL CONTRACT FOR MOWING, CLEAN UP, AND SNOW REMOVAL SERVICES WHEREAS, pursuant to a request for bids for the 2011 Annual Contract for Mowing, Clean Up Services and Snow Removal, the following bids were received, Company VACANT LOT (per lot) LOT WITH HOUSE OR BUILDING (per lot) PARCELS CONTAINING ONE ACRE OR MORE (per acre) LOT WITH HOUSE OR BUILDING (per lot) PARCELS CONTAINING ONE ACRE OR MORE (per acre) SECURING PROPERTY (per opening) SINGLE STREET RESIDENTIAL SIDEWALK 4 " -8" snow cover (per time) CORNER LOT RESIDENTIAL SIDEWALK 1.5 " -4" snow cover (per time) CORNER LOT RESIDENTIAL SIDEWALK 4 " -8" snow cover (per time) OTHER NON - RESIDENTIAL SIDEWALK SNOW REMOVAL (per hour) A -1 Maintenance 133.59 160.31 64.13 80.16 90.84 106.88 64.13 64.13 75.00 95.00 150.00 $ 190.00 $ 50.00 Four Seasons Outdoor Services 105.00 190.00 Chris Hassis Snow Removal & Yard Services 100.00 200.00 VACANT LOT (per lot) 90.00 60.00 110.00 60.00 70.00 90.00 35.00 50.00 65.00 $ 85.00 50.00 50.00 50.00 100.00 CLEANING OF TRASH AND DEBRIS (per hour) 50.00 - PAgirelt O Rd k BOARDING AND SECURING PROPERTY (per opening) 300.00 300.00 `:arir ' SINGLE STREET RESIDENTIAL SIDEWALK 1.5 " -4" snow cover per time 50.00 75.00 100.00 $ 150.00 $ 50.00 and WHEREAS, it appears that C. Hassis Snow Removal & Yard Services LLC is the lowest responsible bidder for Part A Mowing and Part B Cleaning of Trash and Debris, and WHEREAS, it appears and Four Seasons Outdoor Services is the lowest responsible bidder for Part D Snow Removal, and WHEREAS, it appears and A -1 Maintenance is the lowest bidder for Part C Securing Property. Though securing property was bid lowest by A -1 Maintenance, it was only minimally Tess than Four Season's bid. That minimal cost different will more than be made up in administrative cost saving if it is combined with the Four Seasons contract for Part D of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with C. Hassis Snow Removal & Yard Services LLC and Four Seasons Outdoor Services in the name of the City of Stillwater the 2011 Annual Contract for Mowing and Clean Up Services, on file in the office of the City Clerk. Adopted by the City Council this 21st day of December, 2010 ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor 1 Ater B N 1 N PLA';E Or t 1INNFSO A STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2010 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") Four Seasons Outdoor Services (hereinafter called "Contractor "). 1. The Work. The Contractor agrees to perform Part C — Securing Property and Part D — Snow Removal of the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services according to the documents provided by the City dated December 14, 2010. All work will be done in a workman -like manner and materials will be fit for the purpose. Work must be completed according to the Bid Form, General Requirements, General Conditions, and Specifications for the project. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services shall be completed by the Contractor for the unit prices shown on the attached proposal form to be paid to the contractor upon satisfactory completion and acceptance. 3. 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 according to the General Requirements, General Conditions, and Specifications for the project. 4. 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. 5. 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. 6. Completion Date. Completion of work related to the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services must be done according to the terms of the project's General Requirements, General Conditions, and Specifications. IN WITNESS WHEREOF, the parties have set their hands this day of , 2010. CITY OF STILLWATER By: Ken Harycki, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) By: 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. CONTRACTOR STATE OF MINNESOTA ) ) ss. COUNTY OF ) for Notary Public Commission Expires: Commissioned At: Notary Public Commission Expires: Commissioned At: By: Title: The foregoing instrument was acknowledged before me this of , 2010 by , its ,2010 by are H P L A E OF M I N N I \ O STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this day of , 2010 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") C. Hassis Snow Removal & Yard Services LLC (hereinafter called "Contractor "). 1. The Work. The Contractor agrees to perform Part A — Mowing and Part B - Cleaning of Trash and Debris of the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services according to the documents provided by the City dated December 14, 2010. All work will be done in a workman -like manner and materials will be fit for the purpose. Work must be completed according to the Bid Form, General Requirements, General Conditions, and Specifications for the project. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services shall be completed by the Contractor for the unit prices shown on the attached proposal form to be paid to the contractor upon satisfactory completion and acceptance. 3. 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 according to the General Requirements, General Conditions, and Specifications for the project. 4. 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. 5. 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. 6. Completion Date. Completion of work related to the 2011 Annual Contract for Mowing, Clean Up, and Snow Removal Services must be done according to the terms of the project's General Requirements, General Conditions, and Specifications. IN WITNESS WHEREOF, the parties have set their hands this day of , 2010. CITY OF STILLWATER By: Ken Harycki, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) CONTRACTOR STATE OF MINNESOTA ) ) ss. COUNTY OF ) for By: 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: By: Title: The foregoing instrument was acknowledged before me this of , 2010 by , its Notary Public Commission Expires: Commissioned At: ,2010 by Memorandum Date: December 7, 2010 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Replacement of Retiring Sergeant Sgt. Dave Roettger has indicated to me that it his intent to retire at the end of January 2011. He has almost 30 years of dedicated service to the City of Stillwater and we wish him well in his retirement. Sgt. Roettger's retirement essentially creates two vacancies. The first is that of one sworn position from our current staffing level of 21 sworn officers. It is critical that we fill this position. Our current staffing levels are the barest minimum to provide simple law enforcement services to the community. If you recall, we have not re -hired two full -time sworn positions (one retirement, one resignation) because of the budget cuts in 2008, 2009, and 2010. Our daily staffing levels continually fall at the bare minimum of officers needed to properly service the community (staffing levels are essentially the number of officers scheduled to work at certain times of the day and week based upon historical calls for service). Should an officer be scheduled for a vacation putting the staffing level at the minimum, and then one of the remaining scheduled officers call in sick or need the day off for some type of emergency, then we must pay overtime to fulfill the staffing requirements. If a shift gets busy, which happens quite often in the summer months and periodically in the off - season, and we have a minimum of officers on, the calls for service are 'put into stack' which means that they are held until an officer becomes available, which means a longer response, which can become an untenable amount of time to an irate citizen. The second vacancy created by the retirement is that of Patrol Sergeant. We have four Patrol Sergeants (and one Investigative Sergeant). Patrol Sergeants are the shift commanders and have many duties. Their primary duty is that of supervision of the officers working their shifts. They assist them with professional and technical expertise, assign the officers to calls and special duties /details, approve and correct reports, and take leadership in critical incidents and significant emergencies. They also have several other administrative details and responsibilities, in addition to taking complaints from citizens regarding departmental conduct and issues. They also take calls for service when the patrol officers are tied up, and when staffing is short, they are basically functioning as a patrol officer. While we do have 24 hour supervision scheduled, that is not always the case as sergeants also have time off that is scheduled and /or requested. One of the basics tenets of police supervision is to protect the City and Department from liability and other litigation. Lack of or inadequate supervision is often a mitigating factor in police conduct lawsuits across the country. We currently work 12 hours shifts. These shifts are staffed by 'crews' of several officers and one sergeant, so that there is one crew one duty every twelve hours, at which time they rotate. This provides us with the best coverage of supervision and leaves the least amount of gaps in supervision coverage based upon the number of supervisors we have. We have 4 crews, each led by a Sergeant. There would also be a slight cost savings in both the hiring of a new officer and the promotion of a patrol sergeant. The new officer would be hired at the entry level officer pay of $44,634. The officer that would be promoted to sergeant would get an increase in pay to $76,368, but Sgt. Roettger's base salary, because of his longevity benefit, is making $80,280, a difference of $3,912. A potential officer that would get promoted to sergeant is probably making an estimated $66,000 per year. That means that there would be a potential cost savings of approximately $24,000 in the hiring a new officer at entry level and the subtraction of Sgt. Roettger's longevity pay. The hiring process for a new officer and the promotional process to sergeant do take some time due to the posting, testing, and interviewing periods. While Sgt. Roettger's retirement announcement is not official, the Police Department is requesting authorization to hire a new officer and promote one patrol officer to the rank of sergeant in order to begin conducting the processes for each to ensure a continuity of staffing levels within the department. Was h in g ton �v 4. 9:15 Consent Calendar — Roll Call Vote 10. 10:40 Adjourn BOARD AGENDA DECEMBER 21, 2010 - 9:00 A.M. 1. 9:00 Washington County Regional Railroad Convenes A. Roll Call B. Pledge of Allegiance C. Amendment No. 1 to Financial Management Services Agreement with the Red Rock Corridor Commission D. Adjourn 2. 9:05 Washington County Board of Commissioners Convenes Roll Call 3. 9:05 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 5. 9:15 Public Hearing — Public Health and Environment Receive Comments on the Proposed Youth Access Tobacco Ordinance No. 185 6. 9:30 Public Works — Don Theisen, Director A. Milwaukee -Twin Cities High -Speed Rail Corridor Tier 1 Environmental Impact Statement B. Joint Powers Agreement with the City of Scandia Regarding the Official Map of the Big Marine Park Reserve 7. 10:00 General Administration — Jim Schug, County Administrator A. Replace County Policy No. 1810 Records Retention Schedule with Revised County Policy No. 1810 Records Retention and Disposition Policy. B. Resolution of Appreciation for County Attorney Doug Johnson C. Resolution of Appreciation for Commissioner Myra Peterson 8. 10:20 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** NO BOARD MEETING NOTICES THIS WEEK Assistive listening devices are available for use in the County Board Room if „nd, noort , cdoennro d „< tn nr t .,nn „ ..no humor ntomc roll /RF91 d'n.ROnn 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 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 21, 2010 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Accounting & Finance A. Approval of a policy to establish county guidelines for acceptance of gifts, donations, and bequests. Administration Library Public Works Sheriffs Office B. Approval to decrease amounts in change funds held by three departments totaling $500. C. Approval to adopt the revised Internal Revenue Service (IRS) mileage reimbursement rate of 51 cents per mile, effective January 9, 2011, as required by Policy #5032 Meals, Mileage, and Other Authorized Expense Reimbursement and Policy #6008 Meals, Mileage, and Other Expense Reimbursement for Elected Officials. D. Approval to appoint Amber Yares, Stillwater, to the Mental Health Advisory Council as a District 3 representative, to fill an unexpired term to December 31, 2012. E. Approval of revisions to Policy No. 1032 — Data Practices. Community Corrections F. Approval to amend the Community Corrections 2010 budget by increasing the Community Corrections Act subsidy by $2,700. G. Approval of the Program and Budget Update to the Community Corrections Comprehensive Plan for 2010 -2011. Community Services H. Approval of Amendment #1 to Contract #5683 with the American Red Cross to extend the term and allocate funds for 2011 for after hours emergency social services and mobile crisis response for child protection. I. Approval of Amendment #4 to Contract #4104 with East Suburban Resources, Inc. (ESR) to provide job skills training, job development, employment counseling, and placement services for individuals enrolled in the Diversionary Work Program (DWP) and/or the Minnesota Family Investment Program (MFIP). J. Approval of a contract for a new integrated library system that manages the catalog, customer accounts, acquisitions, and circulation with SirsiDynix. The software product is called Symphony and will replace the current Horizon. K. Approve extension of the existing contract with Stillwater Library until June 30, 2011. L. Approve extension of current contract with Bayport Library to June 30, 2011. Public Health and Environment M. Approval to enter into an agreement with the Washington Conservation District to fund general operations and services to county departments and county residents. N. Approval for Washington County, through the Department of Public Health and Environment, to enter into an agreement with the Washington Conservation District for services related to the Wetland Conservation Act. O. Approval to renew two -year agreements with the cities of Bayport, Forest Lake, Grant, Lakeland, Mahtomedi, Marine on St. Croix, Oakdale, Scandia, St. Mary's Point, and St. Paul Park to provide Individual Sewage Treatment System Inspection Services. P. Approval to designate a representative to act as an agent for Washington County in the execution of the signatory portion of manifests and other transportation documents pertaining to waste shipments for waste collected at/or transported from the Washington County Environmental Center, or remote household hazardous waste collection events. Q. Approval to enter into an agreement with Mary Storkan to use county property to provide on -site county employee wellness activities. R. Approval of resolution authorizing a lease agreement with James Michael Fitzpatrick for the county-owned house located at 13485 St. Croix Trail South, Denmark Township. S. Approval of resolution awarding the bid for the lease of agricultural land in Lake Elmo Park Reserve and St. Croix Bluffs Park for 2011, and enter into agricultural lease agreements with Joe O'Malley (St. Croix Bluffs Regional Park) and Gordon and Myron Tank (Lake Ehno Park Reserve). T Approval to transfer $80,700 from its 911 Fund (Fund 117) to the Sheriffs Office operating budget (Fund 110), for the purchase of a Verint Trunked Logging Recorder from Northland Business Systems. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Washington County BOARD AGENDA DECEMBER 14, 2010 - 9:00 A.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, Chair, District 2 Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundan, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Community Services — Dan Papin, Director A. Child Protection Citizen Review Panel Presentation B. Community Services Organization Chart Changes 5. 9:30 Public Hearing — Office of Administration — Jim Schug, County Administrator Receive Comments on the 2011 -2015 Capital Improvement Plan 6. 9:45 General Administration — Jim Schug, County Administrator A. Conservation Easement Over the City of Woodbury's Property — Dale Woods B. Resolutions Certifying Levies for Washington County, Regional Rail Authority, Housing and Redevelopment Authority, Adopting the 2011 Regional Rail Authority Budget, and Adopting the 2011 Washington County Budget C. Resolution Establishing the Salaries for the County Attorney and His Assistants for 2011 D. Resolution Establishing the Salaries for the County Sheriff and Chief Deputy for 2011 E. Resolution Establishing the Salary for the County Administrator for 2011 F. Resolution Establishing County Commissioners' Salaries, Expenses, and Benefits for 2011 7. 10:35 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. 8. Board Correspondence 9. 10:55 Executive (Closed) Session with the Office of Administration A. Consider the Landowner's Counter Offer Regarding the County's Offer to Purchase a Conservation Easement on the Daley Property in Afton B. Discuss Possible Purchase of Conservation Easement on the Armstrong Property in Lake Elmo Through the Land and Water Legacy Program C. Discuss Potential Settlement of the County's Lawsuit Against the City of Oak Park Heights 10. 11:55 Adjourn 11. 12:00 to 12:15 - Board Workshop with Public Works Update on the Counties Transit Improvement Board Meeting for December 14 ** *BOARD MEETINGS LISTED ON BACK * ** Assistive listening devices am available for use in the County Board Room If ,.n,, mart aeeicranra d „a hl d ;�an;rr �r ian,.,,a„a nardar niaana eau raern a2n_snnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY Administration A. Community Services Human Resources Public Health and Environment Public Works WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 14, 2010 ITEM B. C. D. Date Committee December 14 Finance Committee Meeting December 14 Housing &Redevelopment Authority Meeting December 15 Workforce Investment Board December 15 Counties Transit Improvement Board December 15 Solid Waste Management Coordinating Board December 15 Metro Transportation Advisory Board Program & Advisory Board December 15 Metro Mosquito Control Commission December 16 Community Corrections Advisory Board December 16 Resource Recovery Project Board December 16 Parks and Open Space Commission December 16 Community Action Program- Ramsey and Washington Counties Approval of resolution approving special legislation, 2010 Laws, Chapter 216, Section 55 supporting the City of Oakdale's extension of the duration of Tax Increment Financing District No. 6 (Bergen Plaza) through December 31, 2024. Approval of the 2011 -2013 contract with the Washington County Housing and Redevelopment Authority for the purchase of a contracted 1.0 FTE Housing Coordinator position. Approval to revise Human Resources Policy #5503 Pre - Employment Background Checks and Policy #5027 Background Checks Relating to Criminal Justice Information Systems. Approval to extend the Special Project contracts for Deputy James Wells and Deputy Jamie Jackson through June 30, 2011 and authorize the Human Resources Director and Sheriff William M. Hutton to execute the amendments. E. Approval to hire a 1.0 FTE Deputy Sergeant for the City of Hugo contract to be wholly funded through the City of Hugo. F. Approval to extend the Special Project contract for Sarah Kerrigan, Assistant County Attorney from December 1, 2010 through December 31, 2010 and authorize the Human Resources Director and County Attorney to execute the amendment. G. Approval to extend the Voluntary Leave Without Pay Program through December 31, 2011. H. Approval of amendment #3 to the cost and payment section of an agreement with Olsen Thielen & Company, for fmancial auditing services related to the County Environmental Charge. This amendment reflects a rate change for the January 1, 2011 to December 31, 2011 period but does not increase the total contract amount. I. Approval of selection of Talisen Technologies, Inc. to provide Archibus as the Integrated Workplace System software solution for county facilities, and authorize execution of the contract with Talisen Technologies, Inc. through the signatures of the Board Chair and County Administrator without further action of the County Board conditioned upon approval as to form by the Washington County Attorney's office. J. Approval of resolution to enter into a State Cost -Share Assistance contract with Washington Conservation District for reimbursement costs of prairie restoration projects located in county parks. K. Approval and execution of Amendment No. 4 to the agreement with the Star Trail Association to update the insurance provisions. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Time 12:30 p.m. 3:30 p.m. 8:30 a.m. 10:00 a.m. 10:30 a.m. 12:00 p.m. 6:00 p.m. 7:30 a.m. 9:00 a.m. 6:30 p.m. 6:30 p.m. Location Washington County Government Center 1584 Hadley Avenue North — Oakdale 8301 Valley Creek Road — Woodbury 100 Empire Drive — St. Paul 2099 University Avenue West — St. Paul 390 Robert Street North — St. Paul 2099 University Avenue West — St. Paul Lake Elmo Inn — Lake Elmo 2785 White Bear Avenue - Maplewood St. Croix Bluffs Regional Park 450 Syndicate Street North — St. Paul History of SPL - Stillwater Public Library Home Library Catalog / View My Account About the Library Events and Programs Borrower Information Research Resources Community Resources For Kids / Kids Programs For Book Lovers St. Croix Collection Support Your Library Contact Us In About the Library: Library Hours and Calendar Directions to SPL General Services Meeting Rooms, Study Rooms, Event Facilities For Teachers & Youth Leaders Board of Trustees History of SPL STILLWATFR ruBuc LIB 224 Third Street North, Stillwater, MN 65082 65i-275-4338 HISTORY OF THE LIBRARY The Stillwater Public Library wo4 established in 1897. The original building was constructed in 1902 on the current site with funds provided by the Andrew Carnegie Foundation. All addition was built in 1973 with financial support fro the Margaret Rivers Foundation. The building was completely renovated in 1987. In March 2005, the City Council formally approved a resolution to provide City funds of $5 million towards a library renovation and ekpansion project, and authorized the Library Board to proceed. Matching funds to complete the project came from the generous support foundations, corporations, and individuels in the Stillwater community. Groundbreaking for the project was in September 2005:Construction was completed in the fall of 2006. The library reopened at theThird Street site on September 18, after over a year in temporary quarters at the Valley Ridge Mall. ig) History of Stillwater Public Library Brochure.pdf Last updated 6/22/2010 • printer-friendly Version Stillwater Public Library, 224 Third Street North, Stillwater, MN 55082Telephone. 651-275-4338. Fax: 651-275-4342. Email: splinfo@ci stillwater MMUS Copyright (c) 2010 Stillwatr Public Library. Home 1 Library Catalog / View My Account I:About the Library 'l Events and Programs I Borrower Information 1 Research Resources 1 Community Resources 1 For Kids / Kids Programs 1 For Book Lovers 1 St. Croix collection 1 Support Your Library 1 Contact Us SEARCH ARY Page 1 of 1 SPL circa 1903. Photo by John Runk. [G http://www.stillwaterlibrary.org/index.asp?Type=B_BASIC&SEC={07739C27-21B4-49... 12/17/2010 F December 9, 2010 PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Jim Hiniker, Linda Countryman, David Johnson and Matt Beane, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss, Treasu - er Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Hiniker /Beane moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - a) MI SIP Hiniker /Countryman moved to approve the 11/4/10 Stillwater Town Board Meeting minutes as written. (5 ayes) b) M /S /P Beane /Hiniker moved to approve the 11/9/10 Canvas of Election minutes as written. (5 ayes) c) M /S /P Countryman /Beane moved to approve the 11/22/10 Joint Town Board /Park Committee Meeting minutes as written. (5 ayes) d) M /S /P Beane /Hiniker moved to approve the 12/2/10 Budget Meeting minutes as written. (5 Eyes) 3. TREASURER - The following checks and claims were approved for payment. Claim # 4388 4393 4396 4402 4403 4389 4407 4387 4399 4390 4391 4392 4394 4395 4397 4398 4400 4401 4404 4405 4406 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. Vendor Campbell, Knutson, PA MFRA On Site Sanitation TKDA Xcel Energy Helmer Printing, Inc. Minnesota Department of Revenue Earl F. Anderson, Inc. QWEST Richard Jacobson League of Minnesota Cities Maroneys Sanitation, Inc. Kathleen Nelson Stephen Nelson Beverly Petrie Mark & Nancee Prchal Kathryn Schmoeckel City of Stillwater PERA Internal Revenue Service Minnesota Department of Revenue Amount $ 1,586.17 5,660.26 315.27 1,853.65 98.17 85.00 29.81 762.97 202.11 144.96 2,406.00 301.80 31.18 836.86 2,040.00 381.92 102.72 62,665.24 568.62 1,261.64 25.92 Stillwater Town Board Mtg. — 12/9/10 Page 2 4408 MJ Raleigh Trucking, Inc. 69,091.00 4409 Internal Revenue Service 68.86 Beane, Matthew R 458.59 Busse, Norman Lee 83.11 Countryman, Linda P 296.99 Cummings, Merilyn 83.11 Cutler, Lois 3 124.67 Doriott, James F. 200.94 Haines, Bonnie 3 196.16 Hiniker, James 3 371.24 Hunter, Rodney D 198.55 Jacobson, Richard L 582.86 Johnson, David W 388.71 Myers, Lori 304.75 Murphy, Lynne M 281.67 Nelson, Kathleen M 391.68 Nelson, Stephen W 1,089.73 Olson, Marsha Ann 444.70 Robbins, Richard L 83.11 Schifsky, Troy 3 124.67 Schmoeckel, Kathryn G 897.20 Untiedt, Sheila -Marie 379.97 Yoho, Carole 3 124.67 Nelson, Stephen W 415.57 4. ATTORNEY - a) Resolution to Appoint Clerk - M /S /P Johnson /Countryman moved to authorize the Chair to sign the Resolution appointing Kathy Schmoeckel as the first Stillwater Township Appointed Clerk. (5 ayes) b) Detachment Request - Attorney Soren Mattick reviewed the information he had received from Lake Elmo regarding a request for detachment by Nass and Buberl. They were looking for an update from us. Stillwater Township has not received any request for this detachment. David Johnson had discussed this matter with the City of Stillwater and they also have no information. The consensus of the Board was to remain neutral on this issue at this point. 5. PLANNER - Planner Sherri Buss discussed issues needing to be updated with our zoning ordinance. Our ordinance is more restrictive than the State Building Code in that we require a permit for a temporary structure and they do not. Sherri Buss believes this is inadvertent. Also, our Development Code requires that a Certificate of Compliance be recorded at Washington County which they no longer require and we have not been doing. Attorney Soren Mattick advised that our building code cannot be more restrictive than the state code. This matter will be referred to the planning commission to discuss at their January meeting. The people who erected a wind generation system will also be invited to that meeting to give an update. 6. ENGINEER - a) Utility Permits - Stillwater Town Board Mtg. — 12/9/10 Page 3 M /S /P Hiniker /Beane moved approval for the transformer at 11460 Palisade Avenue. (5 ayes) M /S /P Hiniker /Johnson moved approval for the transformer at 9808 Mendel Road. b) Raleiqh /MPCA Road Salt Education Program - Linda Countryman had provided information on road salt. Some policies and a training program have been developed. The idea is to protect the environment including the issue of run -off. Mike Raleigh would attend the program. The Board agreed that he is doing a good job but there is always new information to be learned. M /S /P Johnson /Beane moved to authorize Mr. Raleigh to submit a claim for his time relating to his attendance at the Winter Maintenance Workshop. (5 ayes) 7. CLERK - An item to discuss organization issues will be added to the January agenda. 8. PLANNING COMMISSION - M /S /P Hiniker /Countryman moved to reappoint Merilyn Cummings, Lois Cutler and Troy Schifsky for another three year term on the Planning Commission. (5 ayes) 9. PARK COMMITTEE - M /S /P Beane /Countryman moved to reappoint Rod Hunter and Rick Jacobson for another three year term on the Park Committee. (5 ayes) 10. WORKSHOP IDEAS - Linda Countryman reviewed some ideas for workshops. These ideas could be part of the newsletter and /or website. • Green Building • Simplified home gardening • Best management practices for buckthorn removal • Invasive species •Agriculture production in Stillwater Township • Reducing toxin in your home • Beekeeping Some items could be part of a planning commission meeting who will discuss these ideas at their next meeting. 11. TOM POLASIK AND THE WATERSHED - Tom Polasik had discussed with Sheila -Marie Untiedt the fact that there were potential openings on the Watershed Board which is now heavily weighted to May and Scandia. He will also come to a future Town Board meeting to give us an update. 12. JOINT BOARD - A Joint Board meeting is scheduled for December 22. 13. CHIEF OF POLICE a) Report given. There were 11 burning permits, one for buckthorn. One dog was impounded which was picked up and the fee paid. 14. BRUETTE ROOFING - - Chief of Police Steve Nelson distributed a timeline showing the incidents he has seen at Bruette Roofing since their Conditional Use Stillwater Town Board Mtg. — 12/9/10 Page 4, Permit was issued in 2007. The last complaint he received was on October 28 and they were out of compliance at that time. Steve Nelson brought this to the Town Board at their last meeting and the Board then requested that Mr. Bruette come to this meeting to discuss this ongoing issue. Attorney Soren Mattick pointed out that this property has a non - conforming use permit. Their CUP limits the amount of exterior storage that is allowed on the property. Kevin Shoeberg, representing Mr. Bruette, pointed out that some items are things that are inherent with a roofing business which are out during the business day and are put back inside overnight. Mr. Bruette's intention is to comply with the permit. For the most part, his things cannot be seen from outside the property. Sheila -Marie Untiedt invited the public to comment on this issue. There were no comments. Steve Nelson said that he had seen the same piles of things in the same place on previous visits and does not believe it is just a matter of things being out for the business day. Mr. Bruette has been asked to come because Steve Nelson has to go out to check on this too many times. • Sheila -Marie Untiedt said that she remembers the discussion that took place in connection with the permit and Mr. Bruette said at that time that he could store everything inside. David Johnson reviewed the discussion that took place at the time the permit was issued, especially the concerns of the neighbors. Mr. Bruette's credibility has been significantly eroded with this. He is not being fair to the community. He is not playing by the rules. Soren Mattick reviewed the options for the Board, including the possibility of revocation of the permit. Kevin Shoeberg advised that he did not believe that Mr. Bruette would have any objection to reimbursing the Township for the cost associated with enforcement and that Mr. Bruette could assign an employee with the task of putting things away at the end of the day. He should be given some credit for the buffering he has done on this property. M/S/(faii) Hiniker /Countryman moved to revoke the Bruette permit and have the hearing in in January. (2 ayes, nay Johnson, Untiedt, Beane) Soren Mattick and Kevin Shoeberg will discuss possible ways to resolve this situation. If they cannot come to an agreement, a revocation can take place in February. 15. ADOURNMENT - The meeting was adjourned at 8:35 p.m. Clerk A ' AP Stillwater Town Board Chairperson Approved Mtg. — 12/9/10 Page 5