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HomeMy WebLinkAbout2011-01-04 CC Packet a (41 )TNE EIIITMPIE CE Of E1IEEEEE TA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 4, 2011 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES 1. Possible approval of December 21, 2010 regular meeting minutes OTHER BUSINESS 2. Presentation of Certificate of Appreciation for David Middleton OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL 3. Douglas Menikheim, Michael Polehna and Ken Harycki ADJOURN CALL TO ORDER ROLL CALL RECOGNITION OF OUTGOING COUNCILMEMBERS 4. Adoption and Presentation of Resolution commending Robert Gag (Resolution 2011 -01 — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator 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. CONSENT AGENDA (Roll Call) 13. Resolution 2011 -02, directing payment of bills 14. Resolution 2011 -03, designation of depositories for 2011 15. Resolution 2011 -04, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute 16. Resolution 2011 -05, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2011 17. Resolution 2011 -06, approval of cooperative agreement with Washington County relating to airboat PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. No public hearings i UNFINISHED BUSINESS 18. Possible adoption of resolution relating to beautification funds (Resolution — Roll Call) NEW BUSINESS 19. Shuttle Request — Trolley Tour LLC (Resolution — Roll CaII) 20. Possible approval of solid waste contract with Waste Management (Resolution — Roll Call) 21. Designation of Vice Mayor (Resolution — Roll Call) 22. Designation of Council representatives for Boards /Commissions /Committees PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. RESOLUTION 2011 -02 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 $348,531.31 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 4th day of January, 2011. Ken Harycki, Mayor ATTEST: Diane F Ward, City Clerk LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2011 -02 Able Hose and Rubber, Inc. Equipment Repair Supplies 92.14 Advanced Graphix Inc. Advertisement 110.00 American Bankers Ins. Co. of FL Flood Insurance 8,022.00 American Test Center Annual Safety Insp of Crane & Over 676.00 Ancom Technical Center Repair Minitor V 104.50 Aramark Uniforms Mats, Towels, Uniforms 686.12 Aspen Mills Uniforms 794.05 B& B Products /Rigs & Squads Strip out and Rebuild Squad 2,529.00 Boyer Trucks Equipment Repair Supplies 12.06 Boyer Trucks of Lauderdale Repair Fan on Sterling Plow 411.23 Brock White Co. LLC Crafco Roadsaver -Crack Sealer 5,076.87 Car Quest Equipment Repair Supplies 351.63 Century Power Equipment Solenoid 16.57 ChloeNoel Skate & Sportswear, Inc. Skate Pants for Resale 37.50 Chris Amdahl Locksmith, Inc. Repair Lock 510.00 Cities Digital Document Scanning 345.21 Comcast Cable 144.07 Cub Concession Supplies 96.93 Cummings Npower LLC Repair Parts for Loader Snowblower 53.00 Crysteel Mfg, Inc. Ploy Cylinder for #12 659.42 Escape Fire Plug Sprinklers in Server Room 250.00 Fastenal Co. Equipment Repair Supplies 469.26 Festive Outfitters, Inc. Flow Switch Diagnosis, Install Relay 160.00 Galls Stealth Waterproof Boot, Cones 673.90 Glewwe Doors, Inc. Key in Lever Cylinder 49.00 Holiday Fleet Fuel 659.86 Ice Skating Institute Skater Membership 273.00 Jerry's Skating World Skate Supplies for Resale 43.36 Linner Electric Co. Fire Dept Light Repair, Motor Dome 1,594.00 Loffler Switch for Parking Ramp,Fix Phone 2,874.92 League of MN Human Rights Commissions Membership Dues for 2011 78.75 Machovec Anti- Exposure Survival Suits 879.24 Mac Queen Equipment Repair Supplies 1,929.27 Maritronics Fix Score Board Lily lake 359.45 Menards Repair Supplies 220.39 Middle St Croix Watershed WMO First Half Annual Contribution 15,819.39 MN Chiefs of Police Assoc. 2011 dues 265.00 MN Crime Prevention Association 2011 Membership Andrea Olson 45.00 Minnesota Ice Arena Mgrs Assoc Membership Dues for 2011 175.00 MN Pollution Control Agency Stillwater Stage 3 Flood Wall 750.00 MPPF Legislative Conference Registration 35.00 Natural Resource Group Stillwater Stage 3 Flood Wall 1,130.00 Office Depot Office Supplies 721.93 O'Reilly Auto Parts Equipment Repair Supplies 37.83 EXHIBIT " A" TO RESOLUTION #2011 -02 Page 2 Otis Elevator Company Maintenance Agreement 5,410.87 Performance Plus Medical Evaluations & SCBA Mask Fit 1,745.00 Plant Health Associates, Inc. Professional Services 864.00 Pump and Meter Service, Inc. Truck Nozzle 102.62 Quill Office Supplies 43.89 R & R Repair Pump for Zamboni 1,079.11 Riedel) Shoes, Inc. Skates for Resale 112.13 Schuster Co. Utility Bills & Env, AP Vouchers,Env 2,180.56 Springbrook Software, Inc. 2011 Maintenance Agreement 18,812.24 Sprint CeII Phone 88.79 St. Croix Harley Davidson Repairs to Motorcycle 2,309.52 St. Joseph Equipment Repaired Case Loader & Parts 10,259.91 Stillwater Motor Company Squad Repair 491.31 Stillwater Printing Learn To Skate Flyers 416.81 Sun Newspaper Publications 64.80 Tri State Bobcat Equipment Repair Supplies 42.79 Truck Utilities, Inc. Plow Marker 35.27 Uniforms Unlimited Boots 154.95 United Refridgeration Blower Motor MAU 439.10 USAble Life Term Life Insurance 403.20 Walmart Supplies 55.49 Washington County Property Records Recording Documents 100.65 Washington County Sheriff's Office 4th Qtr. MDC's 5,250.00 Waste Management - Blaine Garbage Waiver 36.97 Yocum Oil Fuel 11,272.50 LIBRARY 3M Maintenance Contracts 24,572.00 American Library Association Membership & Subscription 180.00 Baker & Taylor Library Materials 141.96 Bertalmio, Lynne Music, Cd's 167.33 BWI Children's Books 2,164.79 Comcast Telecommunications 49.90 Ebsco Periodicals 5,920.05 Fred's Tires Equipment Repair 27.71 Hennepin County Library Lost Book 25.00 Overhead Door Co. Repair Parking Ramp Door 239.95 Stillwater Area High School Yearbook 80.00 Value Line Publishing Reference Service 898.00 Washington County Library Electronic Database 628.42 EXHIBIT " A" TO RESOLUTION #2011 -02 Page 3 ADDENDUM Apple Glass Replace Windshield on Squad 415.54 Board of Water Commissioners December 2010 WAC 20,295.00 CDW Government Computer Equipment 4,053.51 Clark, Luann Cleaning City Hall & Public Works 1,057.50 Delta Dental January Cobra 202.45 Lakeview Hospital Legal Blood Draws 300.00 Loffler Companies, Inc. Extreme Summit Port Switch 3,469.16 Magnuson Law Firm Professional Services 7,314.33 Met Council December 2010 SAC 41,580.00 MN Dept of Labor 4th Quarter Surcharge Fees 4,110.91 MN Supreme Court Citations Books 614.20 Qwest Telephone 436.12 SW_WC Service Retirees Health Ins Jan 2011 57,612.91 Verizon Wireless Cell Phones 1,832.27 Veterans Memorial 4th qtr Maintenance Agreement 4,347.00 Washington County Public Safety Radio 4th qtr Radios 4,700.94 Xcel Electricity, Gas 23,104.92 DECEMBER MANUALS MN Secretary of State Filing Fees 70.00 Xcel Energy Electricity,Gas 25,925.11 TOTAL 348,531.31 Adopted by the City Council this 4th Day of January, 2011 1 Resolution No. 2007 -157 ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING EFFECTIVE OCTOBER 1, 2007 — DECEMBER 31, 2008 Senior Type of Service Accounts 30 Gallon 60 Gallon 90 Gallon Colfection /Disposal $5.07 $8.11 $10.31 $12.73 Yard Waste $1.59 $1.59 $ 1.59 $ 1.59 Recycling $2.54 $2.54 $ 2.54 $ 2.54 Appliances $ .42 $ .42 $ .42 $ .42 Billing $ .21 $ .21 $ .21 $ .21 Total Amount $9.83 $12.87 $15.07 $17.49 The tipping fees on July 1, 2007 are $50/ton. The tipping fees on January 1, 2008 are $55/ton. All other terms and conditions of the Solid Waste and Recycling Service Agreement between the City of Stillwater and Waste Management of MN, Inc. January 1, 2006 — December 31, 2010 shall remain the same and in full effect. Adopted this 21 day of August 2007. Ken Ha i,'11Glayor • L Diane F. Ward, City Clerk ater IOE IIIITNPLACE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street January 4, 2011 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES 1. Possible approval of December 21, 2010 regular meeting minutes OTHER BUSINESS 2. Presentation of Certificate of Appreciation for David Middleton 3. Oath of Office for Newly Elected Members of Council RECOGNITION OF OUTGOING COUNCILMEMBERS 4. Adoption and Presentation of Resolution commending Robert Gag (Resolution 2011 -01 — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll Call) 13. Resolution 2011 -02, directing payment of bills 14. Resolution 2011 -03, designation of depositories for 2011 15. Resolution 2011 -04, designating a responsible authority and assigning duties in accordance with the State Of Minnesota Data Practices Statute 16. Resolution 2011 -05, designating the Stillwater Gazette as the City's legal publication and approving contract with the Stillwater Gazette for 2011 17. Resolution 2011 -06, approval of cooperative agreement with Washington County relating to airboat PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 18. Possible adoption of resolution relating to beautification funds (Resolution — Roll Call) NEW BUSINESS 19. Shuttle Request — Trolley Tour LLC (Resolution — Roll Call) 20. Possible approval of solid waste contract with Waste Management (Resolution — Roll Call) 21. Designation of Vice Mayor (Resolution — Roll Call) 22. Designation of Council representatives for Boards /Commissions /Committees PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. er TI! RIRTNPL CE If ■IIIEIITR CITY COUNCIL MEETING December 21, 2010 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison MIS Director Holman 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 Cook, seconded by Councilmember Polehna, to approve December 7, 2010, regular and recessed minutes and the December 14, 2010, special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Allen Okerman — Request for 24/7 parking ramp permit Community Development Director Turnblad reviewed the request for the parking ramp permit and the reasons that the Parking Commission does not sell residential permits for the ramp. Mr. Turnblad stated that if the Council does approve the request, staff would recommend five conditions attached to the approval: (i) that granting the permit will not exceed the statutory limits of the TIF financing arrangement for the ramp; (ii) that the permit be only valid between Oct. 1st and April 30th; (iii) that the permit is non - transferable; (iv) that the cost of the reserved parking sign be paid by the permit holder; and (v) that the cost of the permit should be determined by the Parking Commission. City Attorney Magnuson reported that he did not think the issuance of this permit would present a problem for the TIF financing arrangement. City Council Meeting December 21, 2010 Councilmember Roush asked where the resident is currently parking; and Mr. Turnblad answered that Rivertown Commons parking is all assigned parking, so newer residents with no assigned parking spot park on the street until they are able to obtain an assigned spot. Councilmember Roush pointed out that granting the requested permit would free up an on- street parking space. Mr. Turnblad indicated that the Parking Commission is concerned that if ramp parking is opened up to more than the 8 permits allotted to Rivertown Commons, it will result in a number of additional requests. Mayor Harycki asked if such a request could be limited to a person with a handicapped parking permit; and City Attorney Magnuson replied that he did not think that would be discriminatory. Mayor Harycki referred to this year's snowy conditions and suggested restricting the residential ramp permits to persons with a handicapped permit may be a way of limiting such requests until the City has more experience with the ramp usage. Councilmembers Cook and Polehna talked about the likelihood of a number of similar requests; Councilmember Polehna suggested that perhaps such permits should be limited to Rivertown Commons residents. Councilmember Roush stated he didn't think this would be a big problem, given the current usage. Councilmember Gag said with just one year of data from the ramp usage, he would not be comfortable with opening this up to everyone. On a question by Councilmember Cook, City Attorney Magnuson stated that he thought it would be legally safer to restrict such permits to persons with handicapped permits, rather than limit the issuance to residents of a particular facility. Mayor Harycki suggested that this is a policy decision and the Council could direct staff to develop guidelines for the issuance of the number of such permits that could be reasonably accommodated. Mr. Okerman spoke of the difficulty of having to park on the street and move his car every three hours. Councilmember Roush asked if the motion would be for a one -year trial basis; Mayor Harycki noted it would likely be more of a four -month trial basis as permits would expire at the end of April. There was discussion as to whether it might be more appropriate to refer this back to the Parking Commission; and it was noted that the Parking Commission does not meet until January and approval might be delayed until the winter season is nearly over. Mr. Turnblad pointed out that if 10% of the parking ramp capacity is the number that can't be exceeded due to the TIF arrangement that would limit the number of such permits to about 25, of which 8 are already obligated to Rivertown Commons. In discussion, Mr. Turnblad said, as he understood the direction from the Council, the policy would be to accept application for a residential off - season parking permit from Page2of9 City Council Meeting December 21, 2010 persons with a state - licensed handicapped parking permit, with the ramp permits to be issued on a first -come, first - served basis and limited to the 10% TIF number. Mr. Turnblad said staff or the Parking Commission will determine the cost for the permit. Motion by Mayor Harycki, seconded by Councilmember Roush to direct staff to accommodate the request along with the latitude to determine the number of other requests that could be approved, with approval contingent on the possession of a handicapped permit. All in favor. Mayor Harycki acknowledged a number of students in attendance. OPEN FORUM The resident of 142 Boutwell Court praised the work of the Public Works crews in keeping the roads cleared during the recent snow events. STAFF REPORTS Police Chief Gannaway noted that two of the three squad cars purchased last year and placed in storage until needed have now been put in service due to the ongoing maintenance required of two older vehicles. He indicated that the third car will be held in reserve for as long as possible. He asked residents to slow down due to the road conditions, noting that the department has written a lot of accident reports. Mayor Harycki asked about the device to cut down on idling of squad cars; and Chief Gannaway responded that he had looked at the cost, $1,200- $1,600 for installation, and he didn't think the fuel savings would offset the actual cost of the device, but indicated that he would look into it more. City Clerk Ward reported that during election years, if there is a change in Council, the 4:30 session of the first meeting in January is canceled. She noted that a notice of the cancelation was included in the agenda packet and asked for approval to move forward. Motion by Mayor Harycki, seconded by Councilmember Polehna, to approve the cancelation of the 4:30 meeting on January 4, 2011. All in favor. MIS Director Holman reviewed her memo regarding the proposed technology and internet use policy revisions and social media policy included in the agenda packet. On a question by Mayor Harycki, Ms. Holman responded that the technology and internet use policy was based on the League of Minnesota Cities policy, and that the social media policy was based on League recommendations and from information received from other cities. She stated that training on the new policies would be conducted in January. Councilmember Polehna asked if the social media policy was so restrictive as to preclude posting of street project information or ski trail conditions on Twitter; and Ms. Holman replied that restrictions would not prohibit the posting of pertinent information. Ms. Holman said the department heads would be responsible for the content that gets posted on any social media site(s). Page 3 of 9 City Council Meeting December 21, 2010 Councilmember Roush thought the policies were well done, inclusive and flexible. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -203, approving the City of Stillwater technology and internet use and social media policies. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Ms. Holman noted a health and wellness grant that she had applied for was included on the Consent Agenda. She explained that the $4,000 grant is to do an employee health risk assessment, with a needs and interest survey, and to develop a wellness program and policy for the City. She reported that there is no in -kind money required and any money remaining can be applied to her time spent developing the program. She noted that the recent City blood drive exceeded the goal of 35 units. Public Works Director Sanders updated the Council on the recent snow events and efforts at plowing and widening of the streets for emergency vehicles. He indicated that there remains some work to be done, cleaning up cul -de -sacs and clearing sight -line distances at some intersections. He thanked residents for assisting in clearing out hydrants and asked for additional assistance in that area. He also stated that ice rinks would be open for Christmas. Mayor Harycki thanked crews for their efforts at plowing and clearing streets. Councilmember Cook noted that people are still responsible for clearing their sidewalks and pointed out that assistance is available for elderly and other folks unable to physically take care of that task from Sentence to Serve crews; she asked that the contact number be posted on the web site. Community Development Director Turnblad distributed the second draft of an economic development brochure being prepared for businesses that might be interested in locating in Stillwater. CONSENT AGENDA 1. Resolution 2010 -199, directing payment of bills 2. Resolution 2010 -200, adopting delinquent sewer charges Project No. 0001 3. Resolution 2010 -201, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement 4. Resolution 2010 -202, authorizing the acceptance of the grant Health & Wellness Grant from Statewide Health Improvement Program Washington County 5. 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 Page 4 of 9 City Council Meeting December 21, 2010 Councilmember Roush asked that Item No. 4 (management agreement for Lily Lake and St. Croix Valley Recreation Center) be pulled for discussion. Councilmember Cook asked about the bill for the play equipment for Legends Park and whether that was previously approved; and Mr. Sanders noted that it was part of the Water Board's pump house improvements. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the Consent Agenda minus Item 4. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Item 4, Councilmember Roush noted the contract includes concessions for both Lily Lake and the Recreation Center, while the Council just recently awarded a contract for concessions at the Recreation Center to another entity. City Attorney Magnuson noted this is the same language that was included in last year's contract and authorizes St. Croix Caterers to consent to the concession agreement with the Dairy Queen people, but said the contract could be changed to recite the new agreement if the Council so desires. Councilmember Roush asked if the new agreement for concessions is with the City or being subcontracted through St. Croix Caterers. Mr. Magnuson responded that the agreement is with the City, but was arranged and brokered by St. Croix Caterers. Motion by Councilmember Roush, seconded by Councilmember Gag, to approve the management contract with St. Croix Caterers. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings UNFINISHED BUSINESS 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 City Attorney Magnuson stated that there was one change since the first reading relating to the requirement for an annual report. He indicated that the change requires the CVB Board to provide the City Council with a final annual report prior to Dec. 1 of each year, with the report to include, at a minimum, an accounting of income and expenses of the CVB for the year and a proposed budget for the following year. Page 5 of 9 City Council Meeting December 21, 2010 Mayor Harycki noted that the only other open item is whether B &B should be included or exempt. Tom Lynum, Sauntry Mansion B &B, referred to his e-mail sent to the Council. Councilmember Gag referred to previous discussions about exempting B &Bs and spoke in favor of being consistent and not changing the policy. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance 1025, An Ordinance Amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56 -5, Local Lodging Tax - Established Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution adopting policies for events and discussion of downtown beautification Community Development Director Turnblad noted that there are two resolutions for the Council's consideration, one adopting the policies for reviewing event applications, which incorporates the recommendations of the special events task force as discussed several time in the past. The second resolution is one brought forward by Councilmember Cook at the previous meeting related to downtown beautification. Mr. Turnblad said the beautification proposal is that there should be a group, much like the Parks Commission, that would make recommendations regarding a work program for each year, which would be adopted as part of the budget process. He suggested that either the Downtown Parking Commission or the Parks and Recreation Commission might be appropriate bodies for the downtown beautification program. Councilmember Cook stated that her intent was to protect the money currently being allocated for beautification efforts, as well as to create some ability to raise additional funds and accept gifts for additional enhancements. There was discussion as to how to ensure designated gifts are utilized as a donor wishes. Councilmember Cook spoke of her goal of having a dedicated fund to keep additional funds raised for downtown beautification projects. Mr. Turnblad pointed out that both the Parking Commission and Parks Commission put together a work program for the year, which the Council adopts as part of the budget process, so the Council will know where funding is coming from and where it is being spent. Mr. Turnblad suggested that the Parks Commission seems to be a better fit for this as meetings are more available to the public — the Parking Commission meets at 8:30 a.m., with the Parks Commission meets in the evening when more members of the public would be able to attend. Councilmember Cook expressed some concern about the staff revision of the resolution related to beautification; and Mr. Turnblad pointed out that for timing purposes, it would be most important to adopt the policies for reviewing event applications at this meeting. Page6 City Council Meeting December 21, 2010 Motion by Mayor Harycki, seconded by Councilmember Gag to adopt Resolution 2010- 204, Establishing policies related to review of event applications, with the beautification resolution to be brought back at the next meeting. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Gag thanked everyone who worked on the task force for their efforts. Councilmember Cook also thanked the people who worked on the beautification subcommittee and said she would like that resolution adopted at the next meeting, incorporating the changes discussed. NEW BUSINESS Possible appointment to the Human Rights Commission City Clerk Ward noted one application had been received for the Human Rights Commission and that the Commission remains three people short. Councilmember Polehna reported that he and Commission Chair Taves had interviewed the applicant and he would recommend appointment of Carla Harvieux. Councilmember Roush said he was impressed with the applicant. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -205, appointing Carla Harvieux to the Human Rights Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Administrative Fees for Mowing, Clean up and Snow Removal Community Development Director Turnblad noted that the City passes on the cost for mowing and cleanup of vacant properties. He indicated that currently only the contract cost is passed on, but because there is a lot of staff hours involved, the recommendation is to charge a fee of $100 for the first occurrence, and $50 for subsequent occurrences, in addition to the contract amount. Mayor Harycki asked if the proposed amount was sufficient to cover staff time and Mr. Turnblad responded that staff is considering charging additional for the extraordinary properties. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -206, approving administrative fees for mowing, clean up and snow removal. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 9 City Council Meeting December 21, 2010 Possible approval of 2011 Annual Contract for Mowing and Clean up Services Community Development Director Turnblad reported that 18 companies were contacted regarding the contract for services, with just 3 bids received. He noted that the bids were competitive and lower than this year's bids. He indicated that the recommendation is that the mowing and trash cleanup be awarded to Hassis Snow Removal and Yard Services, with the snow removal awarded to Four Seasons Outdoor Services. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -207, accepting bid and authorizing contract for the 2011 annual contract for mowing, clean up, and snow removal services. Councilmember Polehna noted securing of property wasn't included; Mr. Turnblad said the recommendation is to also award that contract to Four Seasons. Councilmember Roush amended his motion; Councilmember Polehna amended his second to include the securing services as recommended. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Replacement of Retiring Sergeant Chief Gannaway stated Sgt. Dave Roettger will be retiring at the end of January, 2011 (not officially yet), which in essence creates two vacancies — the position and a supervisory person. He asked for approval to hire a new person and promote within the department to fill the supervisory position; and he noted that the processes involved take time so the request is being made at this time so the transition can be made smoothly. Chief Gannaway noted there will be some cost savings involved. Mayor Harycki said if the savings materialize in 2011, he suggested that it be left to the Chief's discretion as to whether to use the funds to replace an additional squad car as there is none included in the 2011 budget or other equipment needs, with the Chief to come back to the Council with a recommendation. Mayor Harycki pointed out there is a hiring freeze, which is the reason this request is on the agenda. Councilmember Roush noted this is a direct replacement and not an additional staff member. Motion by Councilmember Roush, seconded by Councilmember Gag to approve the request as presented. All in favor. COUNCIL REQUEST ITEMS Beyond Yellow Ribbon Update Councilmember Polehna told the Council a meeting is being planned with the Lake Elmo Yellow Ribbon Network. He said the Stillwater group is working with a soldier who was wounded in Iraq and has some needs. Councilmember Cook asked about the Social Host ordinance and said she thought this was going to be brought back to the Council in November. Chief Gannaway Page 8 of 9 City Council Meeting December 21, 2010 said it was his understanding that he would meet with Councilmember Cook, a representative from the Washington Council Collaborative and perhaps City Attorney Magnuson to discuss the ordinance. Chief Gannaway suggested that meeting take place right after the first of the year. Councilmember Roush asked about the Nuisance Ordinance. City Attorney Magnuson said one property qualified and there has been significant headway cleaning it, with one other nuisance property brought to the District Court under the state Nuisance Statute with an order issue prescribing the remediation that needs to be done on that property. Mayor Harycki thanked Councilmember Gag for his hard work during the past four years, in particular with the special events task force. Councilmember Gag extended his thanks to fellow Councilmembers and staff. ADJOURNMENT Motion by Councilmember Gag, seconded by Councilmember Polehna, to adjourn at 8:22 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2010 -199, directing payment of bills Resolution 2010 -200, adopting delinquent sewer charges Project No. 0001 Resolution 2010 -201, approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement Resolution 2010 -202, authorizing the acceptance of the grant Health & Wellness Grant from Statewide Health Improvement Program Washington County Resolution 2010 -203, approving the City of Stillwater technology and internet use and social media policies Resolution 2010 -204, establishing policies related to review of event applications Resolution 2010 -205, appointing Carla Harvieux to the Human Rights Commission Resolution 2010 -206, approving administrative fees for mowing, clean up and snow removal Resolution 2010 -207, accepting bid and authorizing contract for the 2011 annual contract for mowing, clean up, and snow removal services Ordinance 1025, an Ordinance Amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56 -5, Local Lodging Tax - Established Page 9 of 9 c OC (6- I. . N O i C O 4. .... ICC cm ...411 . 7) L i P 5 c o et o C O O " v J a) J 0 J �. O v `'� V �' N N ' .a) Z ./ 't CD 4 5 O c N 0 Q 0_ "CS L C/) CD C C73 -C ._ a) �.0 U U v . E O -4 Z O .,. 0 O v ,... Q y U • art % o>+ Ls O La 2 W co L C CO ('') drs Q RESOLUTION 2011 -o1 COMMENDING COUNCILNE.MBER ROBERT GAG WHEREAS, Rob Gag ser ved on the Planning Commission from 2000 until he was elected to serve on the Stillwater City Council beginning January 2007; and W 3 %S, Rob Gag has served on the Stillwater City Councillor four (4) years; and WHEREAS, Rob Gag is to be commended for his dedicated service and exemplary leadership to the City of Stillwater. NOW TY- fEREFORE BE IT RESOLVED By THE CI?`J COUNCIL OY THE CI?`J or STILL'W.4I'TR, that for his 10 years of dedicated service to the City as Planning Commission *Member and Councilmember, Rob Gag is hereby commended and the Council further extends to him its best wishes for the future. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to record this resolution in the official record of proceedings of the Council and to deliver a certified copy thereof to Rob Gag. .Adopted by the Council this 4th day of January, 2011. Xe arycki, Nlayor ATTES Diane F. 'Ward; City Clerk f3 LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2011 -02 Able Hose and Rubber, Inc. Equipment Repair Supplies 92.14 Advanced Graphix Inc. Advertisement 110.00 American Bankers Ins. Co. of FL Flood Insurance 8,022.00 American Test Center Annual Safety Insp of Crane & Over 676.00 Ancom Technical Center Repair Minitor V 104.50 Aramark Uniforms Mats, Towels, Uniforms 658.07 Aspen Mills Uniforms 794.05 B& B Products /Rigs & Squads Strip out and Rebuild Squad 2,529.00 Boyer Trucks Equipment Repair Supplies 12.06 Boyer Trucks of Lauderdale Repair Fan on Sterling Plow 411.23 Brock White Co. LLC Crafco Roadsaver -Crack Sealer 5,076.87 Car Quest Equipment Repair Supplies 351.63 Century Power Equipment Solenoid 16.57 ChloeNoel Skate & Sportswear, Inc. Skate Pants for Resale 37.50 Chris Amdahl Locksmith, Inc. Repair Lock 510.00 Cities Digital Document Scanning 345.21 Comcast Cable 144.07 Cub Concession Supplies 96.93 Cummings Npower LLC Repair Parts for Loader Snowblower 53.00 Crysteel Mfg, Inc. Ploy Cylinder for #12 659.42 Escape Fire Plug Sprinklers in Server Room 250.00 Fastenal Co. Equipment Repair Supplies 469.26 Festive Outfitters, Inc. Flow Switch Diagnosis, Install Relay 160.00 Galls Stealth Waterproof Boot, Cones 673.90 Glewwe Doors, Inc. Key in Lever Cylinder 49.00 Holiday Fleet Fuel 659.86 Ice Skating Institute Skater Membership 273.00 Jerry's Skating World Skate Supplies for Resale 43.36 Linner Electric Co. Fire Dept Light Repair, Motor Dome 1,594.00 Loffler Switch for Parking Ramp,Fix Phone 2,874.92 League of MN Human Rights Commissions Membership Dues for 2011 78.75 Machovec Anti - Exposure Survival Suits 879.24 Mac Queen Equipment Repair Supplies 1,929.27 Maritronics Fix Score Board Lily lake 359.45 Menards Repair Supplies 220.39 Middle St Croix Watershed WMO First Half Annual Contribution 15,819.39 MN Chiefs of Police Assoc. 2011 dues 265.00 MN Crime Prevention Association 2011 Membership Andrea Olson 45.00 Minnesota Ice Arena Mgrs Assoc Membership Dues for 2011 175.00 MN Pollution Control Agency Stillwater Stage 3 Flood Wall 750.00 MPPF Legislative Conference Registration 35.00 Natural Resource Group Stillwater Stage 3 Flood Wall 1,130.00 Office Depot Office Supplies 248.85 O'Reilly Auto Parts Equipment Repair Supplies 37.83 EXHIBIT " A" TO RESOLUTION #2011 -02 Page 2 Otis Elevator Company Maintenance Agreement 5,410.87 Performance Plus Medical Evaluations & SCBA Mask Fit 1,745.00 Plant Health Associates, Inc. Professional Services 864.00 Pump and Meter Service, Inc. Truck Nozzle 102.62 Quill Office Supplies 43.89 R & R Repair Pump for Zamboni 1,079.11 Riedell Shoes, Inc. Skates for Resale 112.13 Schuster Co. Utility Bills & Env, AP Vouchers,Env 2,180.56 Springbrook Software, Inc. 2011 Maintenance Agreement 18,812.24 Sprint Cell Phone 88.79 St. Croix Harley Davidson Repairs to Motorcycle 2,309.52 St. Joseph Equipment Repaired Case Loader & Parts 10,259.91 Stillwater Motor Company Squad Repair 491.31 Stillwater Printing Learn To Skate Flyers 416.81 - Sun Newspaper Publications 44.55 Tri State Bobcat Equipment Repair Supplies 42.79 Truck Utilities, Inc. Plow Marker 35.27 Uniforms Unlimited Boots 154.95 United Refridgeration Blower Motor MAU 439.10 USAble Life Term Life Insurance 403.20 Walmart Supplies 55.49 Washington County Property Records Recording Documents 100.65 Washington County Sheriffs Office 4th Qtr. MDC's 5,250.00 Waste Management - Blaine Garbage Waiver 36.97 Yocum Oil Fuel 11,272.50 LIBRARY 3M Maintenance Contracts 24,572.00 American Library Association Membership & Subscription 180.00 Baker & Taylor Library Materials 141.96 BWI Children's Books 2,164.79 Comcast Telecommunications 49.90 Ebsco Periodicals 5,920.05 Fred's Tires Equipment Repair 27.71 Hennepin County Library Lost Book 25.00 Overhead Door Co. Repair Parking Ramp Door 239.95 Stillwater Area High School Yearbook 80.00 Value Line Publishing Reference Service 898.00 Washington County Library Electronic Database 628.42 RESOLUTION 2011 -03 DESIGNATION OF DEPOSITORIES FOR 2011 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the following are hereby designated as City depositories for the Year 2011: Bremer Bank Central Bank Edward Jones First State Bank & Trust Lake Elmo Bank Merrill Lynch Minnesota 4 -M Investment Fund MJSK Investment Securities Morgan Keegan Multi -Bank Securities, Inc. Northland Securities Paine Webber Piper Jaffray Solomon Smith Barney U.S. Bank Wachovia Securities, Inc. (Wells Fargo Advisors) Wells Fargo Bank Adopted by the City Council this 4th day of January, 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk RESOLUTION 2011 -04 DESIGNATING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES IN ACCORDANCE WITH THE STATE OF MINNESOTA DATA PRACTICES STATUTE WHEREAS; Minnesota Statutes, Section 13.02, subd. 16 as amended, requires that the City of Stillwater appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City; and WHEREAS, the Stillwater City Council shares concern expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern; and WHEREAS, the City Council has appointed an administratively qualified Responsible Authority as required by the statute in the past; and WHEREAS, the Stillwater City Council wishes to update the appointment for 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater appoints Larry D. Hansen, City Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register. BE IT FURTHER RESOLVED, that the Responsible Authority shall require the requesting party to pay the actual cost of making, certifying and compiling copies and of preparing summary data. Adopted by the City Council of the City of Stillwater this 4th day of January, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Mem randum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/16/2010 Re: Designation of Legal Publications for 2011 The City has received the attached proposals from The Stillwater Gazette, Press Publications, and St. Paul Pioneer Press to provide legal publication services to the City as follows: • Gazette's rates are $4.10 per column inch for the first insertion, ($3.25 per inch for subsequent insertions of the same legal notice) • Press Publications' rate is $6.90 per inch • St. Paul Pioneer Press (Washington County section) is $4.28 per column inch (Wednesday- Saturday). For over many years, the legal publications have been published in the Gazette. However, their publications have been reduced to Wednesday through Friday, but the requirements for legal publications should be easily met. RECOMMENDATION: It is recommended that the City continue with past practice and utilize the Stillwater Gazette for its legal publications. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion adopting a resolution designating the Stillwater Gazette for legal publications and approving the 2011 contract with the Stillwater Gazette. RESOLUTION 2011 -05 DESIGNATING THE STILLWATER GAZETTE AS THE CITY'S LEGAL PUBLICATION AND APPROVING CONTRACT WITH THE STILLWATER GAZETTE FOR 2011 WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication - for all legal notices. 2. That the contract for The Stillwater Gazette are hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 4th day of January, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2011 THIS AGREEMENT, made and entered into this 4th day of January, 2011, by and between THE STILLWATER EVENING GAZETTE, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City ". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that The Stillwater Evening Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, 331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2011, the Contractor will publish all legal notices in The Stillwater Evening Gazette. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2011 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.10 per column inch Second, and each subsequent insertion: $3.25 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER EVENING GAZETTE In presence of: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor RESOLUTION 2011 -06 APPROVAL OF COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with Washington County, and the City of Stillwater for storage and use of County airboat, 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 4th day of January, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk Cooperative Agreement This Agreement, entered into by and between Washington County, Minnesota, hereinafter referred to as County, and the City of Stillwater, hereinafter referred to as City, both parties being governmental and political subdivisions of the State of Minnesota. WHEREAS, the County owns and operates airboats; and WHEREAS, the City through its Fire Department agrees to provide an indoor facility for storage of the airboat and trailer; and WHEREAS, the City would like to utilize the airboat to respond to emergency situations; and WHEREAS, the airboat provides for the public safety through its ability to respond to waterborne and remote emergencies; and WHEREAS, the ability of the County and City to have access to the use of the airboat provides enhanced protection to the general public. NOW, THEREFORE, the County and City pursuant to the authority contained in the Joint Powers Act, Minnesota Statutes Section 471.59 agree as follows: I. PURPOSE. The purpose of this agreement is to define the rights and obligations of the parties with respect to the use, storage and maintenance of an airboat owned by the County. II. CITY'S OBLIGATIONS. A. The City shall through its Fire Department provide to the County the use of an indoor storage facility adequate for the storage of an airboat and trailer owned by the County. The County's Sheriff's Office shall be the sole determiner of whether the facility offered by the City is adequate for the storage of the airboat and trailer. B. The City shall be allowed to use the airboat, but its use of the airboat shall be limited to members of its Fire Department. The City Fire Department shall identify those employees that are fully trained to use the airboat and will only 1 allow those individuals to operate the airboat. The City shall be responsible for developing a training protocol and ensuring their employees are properly trained prior to using the airboat. The City shall keep written record of trained individuals. C. The City Fire Department shall operate the airboat only in the following instances: 1. To assist the Washington County Sheriff's Office by responding to marine incidents. 2. To assist the Washington County Sheriffs Office in the performance of the Sheriffs duties pursuant to Minnesota Statute Section 86B.105. 3. To respond to emergency situations where the utilization of the airboat would be warranted. 4. To conduct planned training exercises with the objective of improving firefighter skills in piloting the airboat or of enhancing crew members proficiency in response and rescue techniques that are unique to an airboat. 5. The airboat shall be used only in response to Washington County events. Any use of the airboat for situations outside the county shall require prior approval by the County Sheriffs Office. D. The City shall provide the County with full and unconditional access to the airboat twenty -four (24) hours a day and seven (7) days a week. III. COUNTY'S OBLIGATIONS. A. The County shall be responsible for routine maintenance and upkeep of the airboat and trailer. B. The County will provide operational information on the airboat to the appropriate City personnel. C. The County shall provide the property coverage for the airboat and trailer. IV. LIABILILTY. A. The liabilities of the parties under this agreement shall be govemed by Minnesota Statute Section 471.59, subd. 1 a. To the full extent permitted by law, actions by the City and County pursuant to this Agreement are intended to be and shall be construed as a cooperative activity and the City and County each expressly decline responsibility for the acts or omissions of the other. It is further stated that each party will be responsible for its own acts or omissions and agrees to indemnify and hold harmless the other party against all claims, losses, damage, suits, judgments, costs and expenses including all attorney's fees by reason of the use and operation of the airboat by its officers and employees. V. DURATION. A. The Agreement shall remain in effect until terminated by either party giving the other party 10 days notice of termination. B. Upon termination of this Agreement, the airboat and trailer shall remain property of the County. County of Washington City of Stillwater Chair, Washington Board of Commissioners Ken Harycki, Mayor Jim Schug, Washington County Administrator Stuart W. Glaser, Fire Chief William Hutton, Washington County Sheriff Approved as to form: Approved as to form: Or Assistant County Attorney City Atto • cStI11 ter T H E B I R T H P L A C E O F MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director -� DATE: December 29, 2010 RE: Downtown Beautification Policy Resolution BACKGROUND At the last meeting the City Council adopted a resolution memorializing the event recommendations of the Special Events Task Force (SETF). A downtown beautification policy resolution was also considered at the same meeting, but was tabled until the January 4, 2011. The purpose for tabling the resolution was to allow for additional work on some of the details. That has been completed. COMMENTS The attached resolution includes policy details that are acceptable both to staff and Councilmember Cook, who co- chaired the SETF. Attachment: Downtown Beautification Policy Resolution bt RESOLUTION NO. 2010- RESOLUTION ESTABLISHING POLICIES RELATED TO DOWNTOWN BEAUTIFICATION 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, the City of Stillwater desires to protect the health, safety and welfare of all residents and visitors and maintain its public property while fostering tourism and encouraging commerce that enhances the quality of life; and WHEREAS, 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 that the Stillwater City Council hereby establishes the following downtown beautification policies: 1. The City will put $15,000 annually into a "Downtown Beautification Special Revenue Fund ". 2. The City Council directs the Finance Director to create a separate fund called the "Downtown Beautification Special Revenue Fund" into which all funds received /allocated that are designated for downtown beautification will be deposited. Amounts or deposits in the "Downtown Beautification Special Revenue Fund" shall be disbursed by the City solely for the payment of downtown beautification items as approved by the City Council in its annual "Downtown Beautification Work Program." 3. Any downtown beautification funds received by the City from sources other than general revenue as mentioned in Policy 1 above will be deposited in the "Downtown Beautification Special Revenue Fund ". These other funds could include grants, donations, sponsorships, fund raising, merchandising, estate planning or corporate gifts. 4. The City will develop the "Downtown Beautification Work Program" based upon the City's 2030 Comprehensive Plan and the "Downtown Beautification Planning Document" as found within the "Report on Special Events Task Force Recommendations" dated November 29, 2010. (Hereinafter referred to as the "Downtown Beautification Planning Document ".) The Public Works Department will implement the "Downtown Beautification Work Program ". The "Downtown Beautification Work Program" will be reviewed annually by the Stillwater Park Commission and forwarded to the City Council for approval. The Park Commission review shall include inviting public comment from residents and t E downtown business owners. 5. 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. 6. The City commits to monitoring current events and future requests for events in downtown Stillwater using the guidelines as they appear in Resolution No. 2010- 204 and within the "Downtown Beautification Planning Document ". Moreover, based upon the monitoring results, the City will review contracts for special events annually and renegotiate them if necessary. Adopted by the Stillwater City Council this 4n1 day of January 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk a iliwater T H E B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Councilmembers Bill Turnblad, Community Development Director DATE: December 28, 2010 RE: Trolley Tour LLC request for Permanent On- Street Parking Space BACKGROUND Mr. Tom McGlynn (dba Trolley Tour LLC) is planning to operate a trolley shuttle service and historic tour business in Stillwater. The shuttle services would include: • Routes between local motels, B &Bs, Inns and Downtown Stillwater. • Weekend service for residents between the City parking lot on Pine Street/3` Street and Downtown Stillwater. • Weekly service between senior housing complexes and Downtown Stillwater. • The shuttle service drop off /pick up site would be on Main Street at City Lot #6 (east side of Main Street at Commercial Street). • Trolley Tour LLC would like up to three other drop off /pick up sites on Main Street, but these would have to be approved by Parking Commission and City Council as the business develops. The historic tours would operate from a reserved on- street parking space on the west side of Water Street immediately north of Chestnut Street. Passengers would board and leave the trolley at this location only. Tickets would be purchased on the trolley, so no ticket booth would be needed. The season for the trolley shuttle service and historic tours would be April 1 through October 31. REQUEST Trolley Tour LLC is requesting one permanently reserved on- street parking space on the west side of Water Street immediately north of Chestnut Street. In addition, they are requesting a signed drop off /pick up space on Main Street at City Lot #6. McGlynn Request December 28, 2010 Page 2 COMMENTS Fee The cost of the reserved parking space will need to be determined by the City Council. Factors to be considered in setting the fee should include what the existing trolley business downtown (Stillwater Trolley Company) is paying in fees and the Parking Commission's recently recommended fees for private use of public parking spaces. Stillwater Trolley Company has two reserved parking spaces on Nelson Street. They are paying $500 apiece for the spaces; a total of $1,000 a year. The price has not been increased since their first year of operation in 2003. If the Parking Commission's recently recommended fees were applied, the fee for the reserved spot on Water Street (between April 1s and October 31 would be $1,749 However, it was recognized by the Parking Commission that for certain uses such as a trolley, the recommended fee represents the beginning point of a discussion to determine the actual cost. Since Stillwater Trolley Company is paying $500 per space, staff believes that $1,749 for a single space for Trolley Tours LLC is too high. Instead, staff would recommend charging $645 for the space, which represents $3 per day. It may then also be appropriate to consider increasing the cost per space for Stillwater Trolley Company to $645 per space when their agreement is reapproved for 2011. Annual Review After the first trolley season the Parking Commission, Public Safety Department and Public Works Department should review the reserved parking and trolley stop arrangement for safety and operational aspects. Additional Trolley Stops Trolley Tours LLC would like to be able to add up to three more stops on Main Street. As experience is gained the company will likely make additional requests of the Parking Commission and City Council for that consideration. But, unless the City approves additional stops, the single stop on Main and Commercial is the only stop being approved at this time. Signage Both the sign for the trolley stop on Main Street and the sign for the permanently reserved historic tour space on Water Street will have to be reviewed and approved by the Public Works and Public Safety Departments. The cost of the signs will be the responsibility of Trolley Tours LLC. This will include the manufacturing cost and the cost of having the Stillwater Public Works Department install them. $9 per day during peak season; $3 per day during the off season. McGlynn Request December 28, 2010 Page 3 RECOMMENDATIONS Parking Commission On a 3 -2 vote the Downtown Parking Commission recommended approval with the following conditions: 1. A one -year (2011) approval for the business with the exception of Lumberjack Days weekend. 2. One reserved spot on Water Street; located on the west side of Water Street between Chestnut and Myrtle Street, behind Leo's Cafe. (Tom McGlynn will talk with the owner of Leo's and let him know what he is considering.) 3. One drop off /pick up spot on Main Street in the vicinity of Lot #6 to be chosen by city staff. 4. No stops will be allowed in Lot #1 (South Main Street Lot). 5. Any complaints /concerns about the business will be shared with Tom McGlynn and the Parking Commission. Staff Staff recommends adopting the attached resolution of approval for the reserved space on Water Street and one trolley stop on Main Street near Commercial Street. The resolution includes the following conditions: 1. After the first trolley season the Parking Commission and City Council will review the reserved parking and trolley stop arrangement for safety and operational aspects. 2. Given the congestion on Water Street at Chestnut during Lumberjack Days, the tours will not be allowed to operate from this location during Lumberjack Days weekend. 3. Any complaints /concerns received by the City about the business will be shared with Tom McGlynn and the Parking Commission. 4. The fee for the one reserved space on Water Street should be $645. It must be paid by March 31, 2011 for the 2011 season. 5. Both the sign for the trolley stop and the sign for the permanently reserved historic tour space on Water Street must be reviewed and approved by the Public Works and Public Safety Departments. The cost of the signs will be the responsibility of Trolley Tours LLC. This will include the manufacturing cost and the cost of having the Stillwater Public Works Department install them. The costs must be paid by March 31, 2011. Attachments: Resolution Applicant's Materials Parking Fee Memo Parking Commission Minutes bt RESOLUTION NO. 2010- RESOLUTION REGARDING TROLLEY TOUR, LLC. WHEREAS, Tom McGlynn has incorporated the business known as Trolley Tour, LLC; and WHEREAS, Trolley Tour, LLC would like to operate within the City of Stillwater by offering between April 1st and October 31 of each year a trolley shuttle service and a historic tour service; and WHEREAS, Trolley Tour, LLC has requested one permanently reserved on- street parking space on the west side of Water Street immediately north of Chestnut Street and one signed drop off /pick up space on Main Street at City Lot #6. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves the requested reserved space on Water Street and signed drop off /pick up on Main Street with the following conditions: 1. After the first trolley season the Parking Commission and City Council will review the reserved parking and trolley stop arrangement for safety and operational aspects. 2. Given the congestion on Water Street at Chestnut Street during Lumberjack Days, the tours will not be allowed to operate from this location during Lumberjack Days weekend. 3. Any complaints /concerns received by the City about the business will be shared with Tom McGlynn of Trolley Tour, LLC and with the Parking Commission. 4. The fee for the one reserved space on Water Street should be $645 annually. It must be paid by March 31 of each year, and the fee is subject to review and possible increase by the City Council annually. 5. Both the sign for the trolley stop and the sign for the permanently reserved historic tour space on Water Street must be reviewed and approved by the Public Works and Public Safety Departments. The cost of the signs will be the responsibility of Trolley Tours LLC. This will include the manufacturing cost and the cost of having the Stillwater Public Works Department install them. The costs must be paid by March 31, 2011. Adopted by the Stillwater City Council this 4 day of January 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memo Of Understanding Between the City of Stillwater and Trolley Tour LLC This document represents the agreement between Trolley Tours LLC a Wisconsin based Company and the City of Stillwater. In an effort to encourage more tourist foot traffic to the north end of Stillwater and engage local residents to patronize downtown Stillwater Trolley Tours LLC will provide two service offerings within the Stillwater city limits: first a shuttle service to and from local motels (Hwy 36 corridor) B &B's and inns to Stiliwater's Main St, a scheduled weekend shuttle service for local area residents from Lot #14 to Main St., scheduled weekly shuttle service from local senior resident homes to Main St. The shuttle service will initially use Lot # 6 on Main Street as its permanent drop- off /pick -up site. Other sites will be used and tested during the first year to encourage tourist traffic to visit the north end of Stillwater. If for any reason its necessary to change the drop -off location due to construction and /or street closures both parties will work in good faith to identify another suitable site. The second offering will be hourly historic tours of Stillwater. The historic tours will operate from the northwest comer of Water and Chestnut streets. This location will be used for embarkation and disembarking of passengers. Trolley Tours LLC agrees to pay the City of Stillwater daily, monthly and/or seasonal fees for the use of this location. Trolley Tours LLC further agrees to work with the City of Stillwater, Leo's Grill & Malt Shop located at 131 Main St and Stella's at 308 Chestnut E, the adjourning businesses, in regards to safety and logistic issues during the first year of planning and operation. Trolley Tours LLC will be allowed one to four signs for the shuttle stops located along Main Street and one for the historic tour location on Water Street. The size, design and color of the signs must be approved by the City of Stillwater. Cost of these signs will be the responsibility of Trolley Tours LLC. The City of Stillwater will install the signs to ensure the signs meet the proper MUTCD /local traffic codes requirements. The term of this agreement will run one year at which time it will be reviewed by the Stillwater Police Department's parking enforcement division as to its impact on Stillwater traffic flow and safety. If it is determined this location creates any traffic issues both parties will work in good faith to identify another suitable petmanent location. V -1 0 CD (0 0 J p (I) N 3 3 O _ � • C en • a3 • * * * d : d it cA © o ter*.. r_-) orG - ' y �7. th i rrr� �. I A te C' Ate/ y , 1..h V1t '' h , el ■ C p fD `L� fen ►... 0 QD GA C Z" td PC el) o $:1, rr 0 • • • • • � o� � r ^N Cr� rD Gd =Ed o � • cn 1— r O CD n cf; (-0 ef) 0 CA C4 P " I's CA °../1 A) Z n CD C ' "1 CT ) N rD C =� r ��� O D rD cD Di) ' � Ow � rD cn rD CD O e-r cD 1 `'� w e " 0 5 +7 r r = (n M.+. 0 ..• � • r••r r'h 2 P el •---4 el) f-0 cfc, " c1 '1 0—i ". rD 6.1 CD ro r ater ------,......---.- THE BIRTHPLACE. OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: August 31, 2010 RE: Private use of public parking in downtown Stillwater BACKGROUND Over the years various groups have requested downtown parking lot spaces and on- street parking spaces for events and other private uses. Sometimes the Parking Commission approved the requests, sometimes not. When approved, sometimes a fee was charged, but not always. A consistent policy does not exist. Therefore, the Downtown Parking Commission spent a number of months developing a recommended policy and rate schedule, which was finally adopted at their July 16, 2010 meeting. RECOMMENDED POLICY AND RATES 1. Executive Summary Peak Season Rates Lot 1 $15 /day /space All other city parking lots $9 /day /space On- street parking (except on Main Street) $9 /day /space Off Season Rates All city parking lots: 3 hours or less Free All city parking lots : > 3 hours $3 /day /space On- street parking (except on Main Street) $3 /day /space • Private uses include: events, construction dumpsters, construction staging, reserved space for horse carriages, etc. • No private use of Main Street's on- street parking • Rates for larger special events to be negotiated and included in a special event contract • Rates apply to all private use. No waivers granted. This applies even to public agencies and non - profit groups. Partial day use (or reservation) will incur only a partial day fee as follows: 0 -2 hours = $5; >2 but <4 hours = $10; more than 4 hours = $15. 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0 -2 hours = $3; >2 but <4 hours = $6; more than 4 hours = $9. Parking Policy August 31, 2010 Page 2 of 4 2. Policy a. Event parking i. Use of public parking spaces (parking lot and /or on- street parking) for events is acceptable under certain conditions. Those conditions include the following: 1. If the use is associated with an event, a completed event permit application must be submitted to and approved by the City prior to use of the parking spaces. Review of the event permit application will include consideration by the Downtown Parking Commission. 2. If one or two parking lot or on- street spaces are being requested, then the request will be approved (or denied) by the Downtown Parking Commission. 3. If three or more parking lot spaces or on- street spaces are being requested, then the request will be reviewed by the Parking Commission and forwarded to the City Council for approval (or denial). 4. No on- street parking spaces will be rented along Main Street. 5. Whenever public parking spaces are used for other than general public parking, the event organizer or user will be required to pay a rental fee. The amount of the fee shall be as established below, unless a fee is specifically negotiated and accepted by the City Council within the terms of a Special Event Contract. Any such parking fee shall be paid even if the user or organizer is a public agency, semi - public agency /group, or a not - for - profit group /agency. ii. The revenue generated by the public parking space fees will be deposited in the Downtown Parking Enterprise Fund. iii. Since the Parking Enforcement Officer wages are paid from the Downtown Enterprise Fund, whenever the Parking Enforcement Officer's time is charged to an event organizer, the revenue will be deposited into the Downtown Parking Enterprise Fund. b. Non -event parking i. Review of requests for non -event use of public parking spaces (e.g. construction dumpsters, construction staging areas, reservations for horse carriages, etc.) will consider the following standards: 1. For requests to use one or two spaces, the Parking Commission shall review and approve (or deny) the request. For requests to use three or more spaces, the Parking Commission shall review and make a recommendation to the City Council, which shall approve (or deny) the request. 2. Non -event uses will not be allowed in on- street parking spaces along Main Street. Parking Policy August 31, 2010 Page 3 of 4 3. Non -event uses may be allowed in 3 hour public parking Tots, and /or on- street parking spaces (except Main Street). However, they will not be allowed in any of the pay lots, which are currently identified as Lot 1 and Lot 2 in the 2010 Downtown Stillwater Public Parking Guide. ii. Whenever public parking spaces are used for other than general public parking, the non -event user will be required to pay a rental fee. The amount of the fee shall be as established below. This fee shall be paid even if the user is a public agency, semi - public agency /group, or a not - for- profit group /agency. iii. The revenue generated by the public parking space fees will be deposited in the Downtown Parking Enterprise Fund. 3. Rate schedule a. Parking Lot Spaces i. Peak season rates 1. Lot 1 = $15 per space per day. If the parking lot space(s) is /are reserved or used for only part of a day, the fee will be pro- rated 2. All lots except Lot 1 = $9 per space per day. If the parking lot space(s) is /are reserved or used for only part of a day, the fee will be pro- rated. 3. For larger events the parking fee will be negotiated and included within the required Special Event Contract. A starting point for the negotiation will be the standard rates stated above. ii. Off season rates 1. All lots = three hours or less free; more than three hours will be charged $3 per space per day. b. On- Street Parking Spaces i. Peak season: $9 per space per day. If the parking space(s) is /are reserved or used for only part of a day, the fee will be pro -rated ii. Off season: $3 per space per day. REQUESTED ACTION The Downtown Parking Commission requests the City Council to approve the recommended policy and include the rates in the City's 2011 Fee Schedule Resolution. Attachment: Map of Downtown Lots 3 Parking rate of the lot ($5), times three assumed sales per day = $5 x 3 = $15 per day per space. A day is defined as midnight to midnight. 4 Base rate of $3 x 3 assumed sales per day = $3 x 3 = $9 per day per space. 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' a 8 W `x R M ° ti Z w a CD ,.s R „ ,' - o 2. x o ' .�,� c o o , '•� 0 O (Jr. 0 _ b C � i w - 0 0 n Q .-- C' O C .r w o O al. v 0. • `t '" v, 0 . O o 5 ' ,.-+ o , 0 dC a N x p Or Al 5 AO y O p O 0 a ^' 0 o 4t y5 !-� . `. .x O o _ 0 0 F1 0 W O N O v S N o CM © ■t i CD '" CD D W O W p' r) , 0 cD x o � C-1 'o 8 c a rA . 0 .� o 0 x 0- a • co o CD r Co E ° 0 CrcI 0 a 0 0 a 0 O R R co IP W 0 o• o G a a' O SP o 0 ■-s a co E 0 N City Council Meeting — 03 -07 April 1, 2003 Review and approval of downtown pay parking signage • Community Development Director Russell presented Council with the proposed design of the downtown pay parking signs. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the downtown pay parking signage. All in favor. Consideration of reguest and recommendation regarding fee for use of on- street garking spaces for trolley use Community Development Director Russell stated that Stillwater Trolley Company has requested to use two Nelson Street on- street parking spaces for parking the Stillwater Trolley tours operation. He stated that the Planning Commission reviewed the relocation of the ticket booth to the railroad property and that approval was conditioned upon Stillwater Trolley receiving City Council approval and paying for the use of the two parking spaces. He stated that the Downtown Parking Commission reviewed this request and recommended a $500 /space fee based on the revenues produced by as space in the South Main and Riverview pay Tots. Mr. Robert Raleigh, Stillwater Trolley, requested that the payment of $1,000 be split. Councilmember Rheinberger suggested $500.00 payable now and $500.00 in the fall. • Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt approving the use of the two parking spaces at a fee of $500 per space with the fee to be $500 now and $500 on October 1, 2003 for a three year period. All in favor. Consideration of request b Lofts of Stillwater Inc. for Tax increment Financing Assistance Community Development Director Russell reviewed the tax increment financing application for theStillwater lofts project. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to approve the tax increment financing application for the Stillwater Lofts project. All in favor. Possible first reading of ordinance to adopt new 2003 Minnesota State Building Code. City Attorney Magnuson reviewed the ordinance to adopt the new 2003 Minnesota State Building Code. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to approve the first reading of Ordinance No. 935, an ordinance adopting the 2003 Minnesota State Building Code. This ordinance provides for the application, administration and enforcement of the Minnesota State Building Code. All in favor. Page 16 of 18 _ • w a er e .8., 4 . ___________,,\ • Admin i o Memorandum To: Mayor & City Council From: Larry D. Hansen, City Administrator Date: 12/30/2010 Re: Solid Waste Contract — 5 year Enclosed is a red -lined copy of the Solid Waste Contract renewal for 2011- 12015. The rate increase for 3 of the 5 years is approximately 4% (a little less) but includes the tipping fee increase of 2011 & 2012. In 2013 and 2014 there is no increase in fees. The overall increase for the five years is 2.25% per year. There has been no rate increase since 2007. Other highlights of the contract are as follows: . 1. Service hours 7:00 a.m. to 8:00 p.m. as opposed to 6:00 a.m. to 10:00 p.m. 2. Optional cart rental for yard waste - $48.00 per year (very competitive) 3. Insurance increased significantly 4. All levels of current service to remain in place RECOMMENDATION: I have compared the services provided and the rates with various cities and they are competitive. I recommend approval of the 5 year contract extension. APPROVING AGREEMENT WITH WASTE MANAGEMENT, INC. EFFECTIVE JANUARY 1, 2011- DECEMBER 31, 2015 AND ESTABLISHING A MONTHLY RATE SCHEDULE FOR THE COLLECTION OF SOLID WASTE AND RECYCLING BE IT RESOLVED by the City Council of Stillwater, MN that the Agreement between the City of Stillwater and Waste Management, Inc. for garbage and recycling, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. BE IT FURTHER RESOLVED, by the City Council of Stillwater, MN that the following rate schedule for 2011- 2015 is hereby approved. Effective January 1, 20 to December 31, 2011 Type of Service Senior 30 Gallon 60 Gallon 90 Gallon Accounts Collection /Disposal $5.44 $8.57 $10.84 $13.33 Yard Waste $1.64 $1.64 $1.64 $1.64 Recycling $2.62 $2.62 $2.62 $2.62 Appliances $0.43 $0.43 $0.43 $0.43 Billing $0.22 $0.22 $0.22 $0.22 TOTAL $10.35 $13.48 $15.75 $18.24 Effective January 1, 2012 to December 31, 2012 Type of Service Senior 30 Gallon 60 Gallon 90 Gallon Accounts Collection /Disposal $5.66 $8.91 $11.27 $13.86 Yard Waste $1.70 $1.70 $1.70 $1.70 Recycling $2.72 $2.72 $2.72 $2.72 Appliances $0.45 $0.45 $0.45 $0.45 Billing $0.22 $0.22 $0.22 $0.22 TOTAL $10.75 $14.00 $16.36 $18.95 Effective January 1, 2013 to December 31, 2013 Type of Service Senior Accounts 30 Gallon 60 Gallon 90 Gallon Collection /Disposal $5.66 $8.91 $11.27 $13.86 Yard Waste $1.70 $1.70 $1.70 $1.70 Recycling $2.72 $2.72 $2.72 $2.72 Appliances $0.45 $0.45 $0.45 $0.45 Billing $0.22 $0.22 $0.22 $0.22 TOTAL $10.75 $14.00 $16.36 $18.95 Effective January 1, 2014 to December 31, 2014 Type of Service Senior Accounts 30 Gallon 60 Gallon 90 Gallon Collection /Disposal $5.66 $8.91 $11.27 $13.86 Yard Waste $1.70 $1.70 $1.70 $1.70 Recycling $2.72 $2.72 $2.72 $2.72 Appliances $0.45 $0.45 $0.45 $0.45 Billing $0.22 $0.22 $0.22 $0.22 TOTAL $10.75 $14.00 $16.36 $18.95 Effective January 1, 2015 to December 31, 2015 Type of Service Senior Accounts 30 Gallon 60 Gallon 90 Gallon Collection /Disposal $5.88 $9.27 $11.72 $14.42 Yard Waste $1.77 $1.77 $1.77 $1.77 Recycling $2.83 $2.83 $2.83 $2.83 Appliances $0.47 $0.47 $0.47 $0.47 Billing $0.23 $0.23 $0.23 $0.23 TOTAL $11.18 $14.57 $17.02 $19.72 Adopted by the Stillwater City Council this 4 day of January 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk • 'water THE BIRTHPLACE OF MINNESOTA SOLID WASTE and RECYCLING SERVICE AGREEMENT BETWEEN the CITY OF STILLWATER and WASTE MANAGEMENT OF MNINNESOTA, INC. January 1, 20-G6 — December 31, 201- OJanuary 1, 2011 — December 31, 2015 AGREEMENT THIS AGREEMENT, made this 4 day of Octobcr 2005 day of January 2011, by and between Waste Management of Minnesota, Inc., "Contractor," and the City of Stillwater, a municipal corporation of the County of Washington, State of Minnesota, "City;" The terms of the Agreement shall be as follows: 1. Residential Removal The Contractor shall provide for the removal of garbage, rubbish, solid waste and recycling from all residential dwellings in the City. A residential dwelling shall include apartment dwellings, including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. Single- family residences shall constitute one unit and each unit of multiple dwellings will constitute one unit. 2. Definitions "Adjusted Accounts" Units where not more than two people reside within a household and that the head of household is 62 years of age or older or is retired by reason of permanent disability, regardless or age. "Appliances" A device or instrument, especially an electrical device, designed to perform a specific function for household use, for example: washer, dryer, water heater, toaster, microwave, water heater, etc. "Bulk Waste" Items that are larger in size and are not required to be placed in refuse bags, for example: furniture, doors, windows, mattresses, etc. "Normal Household Waste" Food waste; non - recyclable paper, plastics, metal beverage /food containers and glass; packing material for household items; and other mixed municipal waste typically generated by the normal household, except that which is defined as "yard waste" and which must be placed in the contractor provided 30, 60, or 90 gallon containers or refuse bags. "Yard Waste" Bagged yard waste, tree branches and bundled brush not exceeding four (4') feet in length or forty (40) pounds per bundle. - Solid Waste and Recycling Contract January 1, 2006 Dcccmbcr -3-1. 2010January 1, 2011 — December 31, 2011 Page 2 of 14 "Excess Household Waste" Normal household waste that exceeds the capacity of the resident's container and is subject to a special fee for pick up. "Curb" or "Curbside" That area of the private property immediately adjacent to the side of the roadway that is maintained as roadway. "Recycling" Those items, including, but not limited to: newspaper, office paper, aluminum, tin and steel cans, glass and plastic containers, cardboard, boxboard and any other materials that are considered recyclable. "Single -sort Recycling" Those items, listed under "Recycling" that may be placed on the curb by the resident and collected by the Contractor in a recycling cart, without being sorted. The items listed in each definition shall be considered examples of the type of solid waste or recycling within each category. All other items or phrases used in this Agreement shall have the meaning given to the terms in the Solid Waste Management Plan as approved by City Council Resolution No. 91 -239, dated December 4, 1991. 3. Billing The Contractor shall be responsible for billing and collecting charges from all units, which shall include apartment dwellings, including apartment dwellings in the central business district, condominium and townhouse buildings, Bed and Breakfast operations and businesses operating out of a residence. The Contractor shall be compensated for the billing responsibility per unit as established by resolution of the City Council. Certification of Unpaid Bills The City will certify to Washington County, on an annual basis, all delinquent refuse and recycling charges. These amounts will be payable with the owners property taxes. The Contractor shall certify all delinquent charge in each year to the City by August November 15 together with verification of addresses and a summary of collection efforts, in order that the City can provide the notice to each owner needed to effectuate this certification to the County Auditor in a timely manner. Solid Waste and Recycling Contract January 1, 2006 December 31. 2010January 1, 2011 — December 31, 2011 Page 3 of 14 The City will reimburse the hauler when it receives payment from the County, in the following year from certification according to the following schedule: 1 Payment — 40% of certification amount, as adjusted, paid 45 days after receipt of 1 half of tax settlement. 2 Payment - 40% of certification amount, as adjusted, paid 45 days after receipt of 2 half of tax settlement. Final Payment — 20% of certification amount, as adjusted, paid 45 days after receipt of final tax settlement. The Contractor shall provide the City with the list to be certified in a format (electronic, paper, or otherwise) that is most acceptable to the City. 4. Disposition of Materials The responsibility of all waste and recyclable materials collected shall be that of the Contractor from the time of pick -up. Thereafter, ownership remains with the Contractor until the Contractor has properly disposed of or marketed the materials. The Contractor shall dispose of solid waste and recycling as it deems advisable, but in compliance with all City, County, State and Federal laws and rules. The Contractor shall, upon the request of the City, advise the City in writing of the place and method of disposal and of any changes in the place or method. Consumer Electronics The Contractor shall provide curbside pick -up, a minimum of one time each month, of certain consumer electronics that contain lead, such as, but not limited to, televisions and computer monitors. The Contractor shall provide a roll -off container and staff at the City's Annual Household Hazardous Waste Day. Residents must present identification with a valid City of Stillwater residential address to be allowed to drop -off certain consumer electronics at the City's Annual Household Hazardous Waste Day. Residents will be allowed to have picked up curbside or drop -off at the City's Annual Household Hazardous Waste Day a reasonable number of certain consumer electronics that would normally accumulate in a household within a period of one year without any additional charge. After that reasonable number has been met, the Contractor shall charge the resident directly for the service. Solid Waste and Recycling Contract January 1, 2006 nG ^ °m, -b r- 120- 1GJanuary 1, 2011 — December 31, 2011 Page 4 of 14 5. Weekly Pickup and Daily Service Hours The Contractor shall make a curbside pickup at all residential units in the City at least once each week during the term of this Agreement. All solid waste from each dwelling, including yard waste, bulk waste, and other material shall be collected on the same day. Single -sort recycling shall be picked up a minimum of once every two (2) weeks on the same day as solid waste and other materials are collected. Daily service hours shall be between the hours of 6:8 -97:00 a.m. and 10:00 8:00 p.m. No collection service shall take place outside of these hours. After the Contractor has picked up the solid waste and recycling from a residence, the Contractor shall return all containers to a point at least sixeight (86') feet from the curb. 6. Physical Impairment Due to Age or Disability The Contractor shall make arrangements with aged or physically impaired residents to accommodate collection and return of their waste and recycling containers, instead of requiring them to make their containers available at curbside for pickup. 7. Quantity Limits The pick -up of both normal household waste, yard waste and recycling shall be unlimited in quantity. However, the fee for collection of normal household waste shall be as provided in the Rate Schedule as adopted and amended by resolution of the City Council. Appliances and bulk waste shall be in a reasonable quantity as would be generated by a typical household unit. 8. Exclusions The Contractor shall not be obligated to collect: rocks, sod, cement, dirt, stumps or Togs in excess of five inches (5 ") in diameter. 9. Volume Based System The Contractor shall furnish and deliver containers for normal household waste in 3935, 640 and 98-96 gallon sizes to residents. Residents shall be allowed to choose the number and size of the container for their residence and will be billed according to the Rate Schedule as established by resolution of the City Council. If the Contractor chooses to supply Solid Waste and Recycling Contract daeuary - 1 ; 20 - - -D c b - 1 2949January 1, 2011 — December 31, 2011 Page 5 of 14 containers that are slightly larger than the sizes listed above, it shall be considered in compliance with this provision. Multi- family residences of three (3) or more units, bed and breakfasts, and businesses operated out of a residence shall be entitled to choose the container size of their choice at the normal rate, or in lieu of containers, a dumpster of similar capacity. If a dumpster is provided in lieu of a container, the rate charged for the dumpster shall be at the 90 gallon rate per unit except that for multi - dwelling units containing 50 or more units which are rented exclusively to persons whose head of household is 62 years of age or older, the rate shall be as per unit as listed under "Senior Accounts" in the Rate Schedule as adopted and amended by the City Council. In the event a residence desires collection of waste in excess of the container size it has selected, the Contractor shall pick up the excess waste and bill the resident directly on the resident's quarterly invoice in the amount of $1.50 for each additional 30- gallon bag of excess household waste. The Contractor is required to pick up unlimited quantities of yard waste and recycling at no additional charge. The Contractor shall not be obligated to change container size at intervals of less than two (2) billing quarters and upon less than thirty (30) days notice. The rate for collection per month shall be as stated on the Rate Schedule as adopted and amended by resolution of the City Council. Residents who will be continuously absent from the City for more than 90 days shall be entitled to a reduced rate to $0.00 per month during the period of their absence. 10. Tipping Fees /Hauler Rebate. 1 _ _ _ _ - e— It is agreed by the Contractor and the City that disposal rates are a combination of tipping fees and hauler rebates. In the event that the net of tipping fees and hauler rebates increase or decrease by 7.5% or more per ten-in any given 12 -month period, either party may request a rate adjustment by contacting the other party. Any rate adjustments shall be negotiated between the parties and will not be unreasonably withheld. A maximum of one (1) adjustment per 12 -month period is allowed. -The tipping fee January 1, 2011 is $68.00 per ton and the Hauler Rebate is $14.00 per ton. The net disposal cost is $54.00 per ton. The tipping fee January 1, 2012 is $72.00 per ton and the Hauler Rebate is $14.00 per ton. The net disposal cost is $58.00 per ton. Any increases or decreases Solid Waste and Recycling Contract January 1, !!_ ! .- _ ! !January 1, 2011 — December 31, 2011 Page 6 of 14 in 2013, 2014, or 2015 in disposal cost will be negotiated between the City and Contractor. 11. Fuel Admjustments All charges listed in the Rate Schedule as adopted and amended by resolution of the City Councilabove are subject to a fuel surcharge. If diesel fuel remains below $4.00 per gallon the fuel surcharge will be zero (0 %) percent. If diesel fuel is at or above $4.00 per gallon the following percentages will apply. Diesel Fuel Price per Fuel Surcharge Gallon <$4.00 0 Percent $4.00 to $4.24 2 Percent $4.25 to $4.49 4 Percent $4.50 to $4.74 5 Percent $4.75 and Up An additional 1 Percent for each $0.25 increase in The published index for determining monthly diesel fuel prices will be the Department of Energy's (DOE) "Weekly Retail On- Highway Diesel Prices" for the Midwest region. The price published for the first Monday of the month will be used as that month's diesel fuel price. The prices can be viewed at the DOE's website: <http: / /tonto.eia. doe. qov /oog /info /wohdp /diesel.asp >. 11.12. Recycling The pick up of recycling shall be unlimited in quantity. The Contractor shall provide for "single -sort" recycling. The Contractor shall provide a minimum of one (1) wheeled cart for the collection of "single -sort" recycling per residential unit. Residents shall be allowed to choose the number and size of the recycling cart for their residence. Multi- family residences of three (3) or more units, bed and breakfasts, and businesses operated out of a residence shall be entitled to choose the recycling cart size of their choice at the normal rate. Single -sort recycling shall be picked up a minimum of once every two (2) weeks on the same collection day of the week as a residents normal household waste and yard waste. The Contractor shall be responsible for informing residents of the "single- sort" recycling program and the proccss and schedule of changing from two sort to "single sort" rccycling. The Contractor shall provide residents with a schedule of recycling pick -up on an annual basis. Solid Waste and Recycling Contract January 4T2006 _ De 1. 2010January 1, 2011 — December 31, 2011 Page 7 of 14 The Recycling Subsidy shall be negotiated between the C and the amount of the grant money the City receives from the Washington •_ - X13. Clean Up Days The Contractor shall provide a competitive bid for the provision of labor and collection equipment to conduct "Clean Up Days" for the collection of normal household waste and yard waste if requested to do so by the City. The Contractor shall also provide, at the City's request, the labor and equipment to conduct a "Clean Up Day" for rocks, dirt, cement and sod only, on one Saturday each Fall and one Saturday each Spring, without additional charge to the City or to the residents of the City. 13.14. Data Retention The Contractor shall compile and retain solid waste data and report this data to the City, when requested. In addition, the Contractor shall furnish the City copies of solid waste reports that are submitted to Washington County, when requested_ Failure of the Contractor to furnish this data within 20 business days of it being due shall entitle the City to withhold any payments due the Contractor until the data is received. The Contractor shall compile and retain recycling material data and report this data to the City quarterly. The required data shall include, but not be limited to: original truck scale tickets and /or market receipts, when delivered, showing the name of the contractor and the market, the date of delivery to market and the net weight and type of material. The Contractor must also provide to the City any pertinent information or data required by Washington County including data pertaining to household participation rates. 14.15. Cooperation The Contractor agrees to meet and cooperate with City staff and the City Council when requested by the City and to study and evaluate the waste collection system in order that the goals of the Solid Waste Management Plan of the City be realized, and if necessary, based upon regulatory changes and technological advances, be modified. Further, the Contractor agrees to cooperate in the development and distribution of educational material to help improve solid waste generation and disposal attitudes and habits. Solid Waste and Recycling Contract January 1, 2006 December -34 2010January 1. 2011 — December 31, 2011 Page 8 of 14 - 416. Complaints The Contractor shall establish and maintain an office for accepting complaints and resident calls. The office shall be in service during the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except holidays and as specified in the contract. Address and telephone number of the office and any changes shall be given to the City in writing. Whenever the City or a resident notifies the Contractor of a location that has not received scheduled service, the Contractor is required to serve the location no later than the following working day from the time of the complaint. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. - 6 Dispute Resolution The Contractor shall in good faith attempt to settle any dispute arising with residents. In the event the parties cannot resolve a dispute, the matter shall be submitted to City staff. In the event that a dispute cannot be resolved between the Contractor and City staff, the matter shall be submitted to the City Council. A decision of the City Council is final. 4 8. The City will act as overseer for recycling publicity and public education. The Contractor shall assist in the recycling publicity and public education at the request of the City. 19. In addition to residential service, the Contractor shall pick up without additional charge, such trash and recycling as is the responsibility of the City, or which is accumulated by the City, or for the City, such as street cans and park barrels. This includes trash from all City -owned facilities and the annual Lumberjack Days celebration. In the event of a natural disaster within the City, the Contractor shall make dumpsters available as necessary for the cleanup at a price to be negotiated at the time the service is rendered. +8-20. Equipment The Contractor shall provide adequate equipment for the collection of garbage and rubbish and recycling. The equipment shall be of a design and construction specifically manufactured for garbage and rubbish hauling. Upon request from the City, Contractor shall provide a written description of the vehicles and equipment to be used within the City, and Solid Waste and Recycling Contract January 1, 2006 December 31-, 2010January 1, 2011 — December 31. 2011 Page 9 of 14 the Contractor shall make such vehicles and equipment available for inspection from time to time as the City may require. All vehicles shall be painted and marked uniformly and shall have the hauler's name prominently displayed in letters of contrasting color, at least three (3) inches high, on each side of the vehicle. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, shall thoroughly disinfect each vehicle at I act once a wcckreqularly unless the same has not been used since the last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. 21. Optional Cart Rental The Contractor will offer an option for yard waste cart rental. For $48.00 per season Waste Management will rent a 96 gallon cart for residents to place yard waste in. This fee is in additional to the monthly yard waste service fee. This optional service eliminates the need for residents to purchase the compostable bags now required by Minnesota State Statute as materials can be placed loose into the cart. Any yard waste outside of the cart must still be in compostable bags or bundled and tied. 19.22. Other Laws The Contractor shall comply with all City, County, State and Federal laws and rules, relating to solid waste collection and disposal. 21.23. Schedules The Contractor shall furnish the City a written schedule of the area in which pick -ups will be made each day of the week and the Contractor shall adhere to this schedule unless permitted otherwise by this contract. However, the Contractor shall be excused from this schedule because severe weather makes it impossible. This shall not, however, relieve the Contractor from the pick -up, which shall be made as soon as weather permits. 2224. Change in Collection Schedule The Contractor may request a change in the schedule by requesting the change in writing to the City at least thirty (30) days from the proposed date of the requested change. A change shall be effected only upon authorization from the City and upon publication at least once in a Solid Waste and Recycling Contract January -, -2 D ecem b e r 34 -2.0 0January 1 2011 — December 31, 2011 Page 10 of 14 newspaper of general circulation in the City during the week before the change. The Contractor shall not be required to make regular collection on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day; provided, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the City Administrator. It shall be the Contractor's responsibility to notify residents of any changes in the collection schedule as a result of the holidays. 23.25. Employees The Contractor agrees to pay all necessary Federal Social Security taxes and all State and Federal taxes required by law, and at its own expense will cover all employees with Workers' Compensation Insurance as provided by law. Contractor further agrees to comply with all laws of the State of Minnesota and the United States regarding the employment of persons. 21.26. Insurance Contractor shall also carry Automobile Liability Insurance, Public Liability Insurance and Property Damage Insurance, all with Combined Single Limits of ene -five million dollars, $25,000,000 and shall deliver a Certificate of Insurance regarding the required policies to the City that names the City as an Additional Insured "as their interests may appear." 25.27. Indemnification The Contractor agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suites, demands and judgments of any nature, because of bodily injury to, or death of, any person or persons, because of the negligence of the Contractor their agents, employees or subcontractors and arising under this contract, and also any claims: a.) arising under the Minnesota Environmental Response and Liability Act ( "MERLA ") enacted in 1983; b.) its federal counterpart, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act ( "SARA ") of 1986 (together know as "CERCLA "); c.) any administrative rule or statute of Minnesota or any other State; d.) any common law theory of any other State or the United States; or e.) claims based upon the clean -up of abandoned or existing sites contaminated or allegedly contaminated with hazardous substances, if any claims described in (a) through (e) are based upon solid waste, transported from the City by the Contractor. Solid Waste and Recycling Contract January 1, 2006 Qe embeF - 3-1, 201 -Q January 1, 2011 — December 31, 2011 Page 11 of 14 2(}28. Bond Contractor shall furnish a performance bond as required by law in the amount of two thousand five hundred dollars, $2,500 which will be delivered to the City to secure the faithful performance of this contract. However, in the event the Contractor proposes to assign or transfer this contract, the City reserves the right to increase this amount as a condition of approval of any assignment or transfer. 27.29. Termination by City The City may at any time, terminate the contract for a breach of the terms by the Contractor or for unsatisfactory performance. All terms and conditions of the contract are considered material, and failure to perform any of the terms or conditions shall be considered a breach. Should the Contractor fail to perform any term or condition, the City shall have the right to terminate the contract after 30 days written notice to the Contractor of the violation within that time. The City shall not be limited to an action for damages for breach. Failure to exercise the option to terminate the contract for a breach shall not be deemed a waiver of the right to terminate for future violations or for future unsatisfactory performance. 230. 24 -Hour Service If the Contractor shall fail to make a garbage pick -up at any residence, it shall do so within twenty -four (24) hours after notification from the City or resident of the address where the pick -up was not made. The Contractor shall also respond promptly upon request by the City to clean up any spills or loose solid waste that results from its operations. 29,31. Reasonable Regulations The City reserves the right to make additional reasonable regulations regarding the performance of the Contractor after consultation with the Contractor. 30.32. Curbside Rules and Regulations The City agrees to enact and to continue in effect reasonable regulations obligating its citizens to make the solid waste reasonably accessible to the Contractor on the day of collection. In addition, the City agrees to include in the Solid Waste Ordinance of the City to require at least the following regulations, rules and consumer requirements: . Solid Waste and Recycling Contract January _ - 1- 291- OJanuary 1. 2011 — December 31, 2011 Page 12 of 14 a. That residential solid waste service is mandatory and collectable only by the authorized Contractor; b. That the consumer shall be responsible for the damage or Toss of a container caused by their negligence and shall be liable to the Contractor for this damage, except that reasonable wear is expected; c. That no mixing of household waste, yard waste, hazardous waste or other solid waste is permitted; d. That no container be unreasonably compacted by stuffing or otherwise; e. That a 30- gallon bag of waste not exceed 30 pounds, and a bag of yard waste not exceed 40 pounds; f. After collection by the Contractor, containers shall be returned by the Contractor to a point at least esix (8 feet from curbside. 31.33. Transfer or Sale of Contract The Contractor will not make any total or partial sale, assignment, conveyance, lease, or transfer of this Agreement or any part thereof or an interest therein, without the prior written approval of the City, which approval will not be unreasonably withheld. The City shall be entitled to require, as conditions of any such approval that: Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and The transfer does not create an antitrust problem in the local refuse hauling industry that is contrary to the interest of the residents of Stillwater; and Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, has expressly assumed all of the obligations of the Contractor under this agreement and agreed to be subject to all the conditions and restrictions to which the Contractor is subject. It is the intent of this section, together with other provisions of this agreement, that to the fullest extent permitted by law and equity no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of any rights or remedies provided for in this agreement. Solid Waste and Recycling Contract January 12006 --DeGe n^�er 31, 2010January 1, 2011 - December 31, 2011 Page 13 of 14 There shall be submitted to the City for review all instruments and other legal documents involved in affecting the transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies and any and all other documents required by this agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. 32.34. Guaranty of Nondiscrimination The Contractor agrees that during the life of the contract, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry or sex and will include a similar provision in all subcontracts entered into for the performance thereof. The contract may be cancelled or terminated by the City and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes Subsection 181.59. 33.35. This agreement shall be in full force and effect from January 1, 2086 - 2011 through December 31, 2010 2015. 3436. Renewal Terms Nothing in this contract shall be construed to require an extension of this contract. Upon expiration of the contract, the City shall have the right, at its election, to extend the contract; invite additional contract applications or proposals or terminate the contract without further action. IN WITNESS WHEREOF, We have hereunto set our hands the day and year first written above. 1 Waste Management of MNinnesot ^Minnesota, Inc. City of Stillwater Michael E. Fleming, Vice President Jay L. KimblcKen Harycki, Mayor Diane F. Ward, City Clerk Solid Waste and Recycling Contract January 1, 2006 December 31 201 -QJanuary 1, 2011 — December 31, 2011 Page 14 of 14 [r { fi L Memorandum_____ To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/31/10 Subject: Election of Vice Mayor DISCUSSION: As required by City Charter, Article VI, Section 6.02, the Council must elect one of the members to be vice mayor who will act as Mayor Pro Tempore during the temporary absence or disability of the Mayor. ACTION REQUIRED: Elect a vice mayor and adopt Resolution No. 2011- , DESIGNATING COUNCIL VICE -MAYOR FOR 2011. Merorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 12/22/2010 Subject: 2011 Council Representative Appointments Each year the Council reviews and appoints a Council representative(s) to various boards /commissions /committees. Listed below are the following boards /commissions /committee and the 2010 representative respectively. JOINT CABLE COMMISSION LUMBERJACK DAYS ADVISORY COMMITTEE Councilmember Roush 2 Council Representatives PLANNING COMMISSION Councilmember Cook & Gag Councilmember Gag LUMBERJACK DAYS MUSIC PARKS BOARD COMMITTEE Councilmember Roush Councilmember Polehna HERITAGE PRESERVATION COMMISSION MIDDLE ST. CROIX WATERSHED MANAGEMENT Councilmember Cook Councilmember Polehna DOWNTOWN PARKING COMMISSION CONVENTION & VISITORS BUREAU Councilmember Gag Mayor Harycki HUMAN RIGHTS COMMISSION FIRE RELIEF ASSOCIATION BOARD 2 Council Representatives Councilmember Polehna Councilmembers Gag and Roush JOINT BOARD — 1 Council Representative, plus Mayor Councilmember Roush ACTION REQUIRED: Council should pass a motion assigning Council representatives to Boards /Commissions /Committees listed above. Diane Ward From: Michel Pogge Sent: Wednesday, December 22, 2010 1:27 PM To: Handley, David Cc: Handley, Sarah; Bill Turnblad; Larry Hansen; Dave Magnuson; Cindy Shilts; Diane Ward Subject: RE: 702 Churchill St W Mr. Handley - I understand that you are just learning about this issue and the timing may not be the best. I am certainly willing to be flexible and work with you and the former property owner to resolve the deck encroachment issue. Bottom line I understand that if the deck needs to be modified that the work cannot occur until this spring when the ground thaws. With that in mind, the City will give you and the former property owner's sufficient time to work though these issues. To that end, related to the deck itself, no action regarding the deck will be taken by the City so long as a variance is applied for by February 18, 2011. If a variance is not applied for the deck encroachment or if the variance is denied by the City, then the no action regarding the deck will be taken by the City so long as the deck is modified by June 1, 2011. It is not our goal or intent to create an undue hardship with you or your family but rather work with you to resolve this issue as quickly as possible. To that end, if you feel this timeline is not fair please contact me to discuss an alternative timeline. If you have any questions or if I can be of assistance to you in the future please feel free to contact me directly at 651- 430 -8822. Sincerely, CITY OF STILLWATER, MINNESOTA Michel J. Pogge, AICP City Planner Michel Pogge, AICP 1 City Planner 1 City of Stillwater t , 216 North Fourth Street 1 Stillwater, MN 55082 1 651- 430 -8822 1 651- 430 -8810 (Fax) _i - _ — mpogge@ci.stillwater.mn.us 1 http: / /www.ci.stillwater.mn.us From: Handley, David fmailto :David.Handley(agoodrich.com] Sent: Wednesday, December 22, 2010 12:53 PM To: Michel Pogge Cc: Handley, Sarah Subject: 702 Churchill St W Mike, I'm writing to follow up on our phone conversation earlier today. As property owners at 702 Churchill St West in Stillwater, we are committed to addressing the deck setback issue and bringing our property into compliance with applicable district zoning regulations. Per your instruction, the property will achieve compliance either through an approved variance or through modification of the deck. 1 We respectfully request patience and understanding from your office as we work to resolve this situation. Sarah and I first learned of this problem upon receipt of your letter dated December 20, 2010. None of the issues raised in your letter were disclosed by the previous owner or the owner's agent. As you can imagine, we are very disappointed and surprised to learn we have these issues to work through as our family moves into our new home this winter. We expect Ms. KC Kidder and Tracy Bagglio to drive these open issues to resolution and will communicate this expectation immediately. In the meantime, please do not hesitate to contact me at 612- 584 -8508 to discuss any concerns or questions you may have regarding our action plan. Regards, Dave Handley Dave Handley Goodrich SIS Supplier Development 14300 Judicial Road, Burnsville, MN 55306 (o) 952.892.4942 (m) 612.584.8508 (f) 952.892.4800 2 4tb I 'water December 20 2010 THE BIRTHPLACE OF MINNESOTA d KC Kidder Tracy Baglio 4833 Neal Ave N Keller Williams Premier Realty Stillwater, MN 55082 2850 Curve Crest Blvd Stillwater, MN 55082 Re: 502 Stn St N, Stillwater, MN 55082 and 702 Churchill St W, Stillwater, MN 55082 Dear Ivis. kidder and Ms. Baglio: The City received a letter from Ms. Baglio on December 17, 2010 concerning the status of 502 5th St N and the recent sale of 702 Churchill St W. In Ms. Baglio's letter, she requested that we extend the deadlines to complete work at 502 5th St N. 502 5 St N As you know, the current state of the property at 502 5 St N is unacceptable. It has been in its current state since at least Spring of 2009. Water service to the home was discontinued on April 23, 2009 at your request. It was documented by the Stillwater Police Department that the property was vacant on May 29, 2009. It has remained vacant since that time. The condition of the property reflects poorly on the neighborhood and Stillwater in general. On the same token, it is not the City's goal or intent to create an undue hardship but rather work with you to resolve this issue as quickly as possible. To that end, the City is agreeable to extend the deadlines as Ms. Baglio requested in her letter as follows: 1. By no later than March 15, 2011, the property owner must have secured a building permit to make repairs to the structure. 2. By no later than March 15, 2011, the property owner must start making repairs to the outside of the structure. 3. By no later than May 15, 2011, the property owner must have completed making repairs to the outside of the structure including replacing the windows, residing the structure, and "reroofing the structure. 4. By no later than September 15, 2011, the property owner must have completed repair's to the structure that will allow a certificate of occupancy to be issued. The City does believe that two years is a fair enough amount of time to complete the needed work on the structure. To that end, if these dates are not met it will be difficult for the City to extend the above deadlines. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 -430 -8800 • WEBSITE: www.ci.stillwater.mn.us Ms. KC Kidder December 20, 2010 Page 2 of 3 702 Churchill St W On December 16, 2010, the City received notice from a neighbor of 702 Churchill St W that the property was being occupied. Additionally, in the letter the City received from Ms. Baglio on December 17, 2010, she noted that property was sold on December 3, 2010. This was the first time the City was made aware that the property was sold and being occupied. As of the date of this letter, a final building and mechanical inspection have not been approved for this property. The last inspection of the property was on October 15, 2009 and resulted in a list of items needing to be corrected (see attached correction notice and inspection reports). Additionally, the property lacks a certificate of occupancy and should not be occupied at this time. On November 6, 2009, a letter was sent to K.C. Kidder from Michel Pogge with the City of Stillwater concerning an encroachment of a deck into the side yard setback. It was noted that this issue needed to be addressed by either modifying the deck so it did not encroach into the side yard setback or request and receive a variance from the Planning Commission for the deck encroachment. As of the date of this letter, this item has not been addressed. The City is sending a copy of this letter to the current property owners of record, David and Sarah Handley. If the home is being occupied these items need to be addressed quickly. Finally, you have until January 4, 2011 to take actions to resolve these issues or the City will proceed with enforcement actions. If you have any questions feel free to contact Cindy Shilts at 651- 430 -8827 or Michel Pogge at 651- 430 -8822. Sincerely, CITY OF STILLWATER, MINNESOTA Cindy S1 Michel J. Pogge Stillwater Building Official City Planner cc: David and Sarah Handley, 702 Churchill St W, Stillwater, MN 55082 S &K Holding, LLC, Brendon Stryhn, Chief Manager, 2145 Woodlane Dr #101 Woodhill Office Pk, Woodbury, MN, 55125 Larry Hansen, City Administrator David Magnuson, City Attorney Bill Turnblad, Community Development Director File Ms. KC Kidder December 20, 2010 Page 3 of 3 Attachments: Keller Williams Realty Letter received December 17, 2010 December 16, 2010 e -mail from Michel Pogge to David Magnuson October 15, 2009 Correction Notice Inspection Reports for permits 2008 -01460 and 2008 -00665 November 6, 2009 letter to KC Kidder KELLER WILLIAMS® REALTY Tracy Baglio Keller Williams Premier Realty 2850 Curve Crest Boulevard Stillwater, MN 55082 December 15, 2010 Mike Pogge City Planner 216 4 Street North Stillwater, MN 55082 Dear Mr. Pogge, I am representing K.C. Kidder, the owner of the property at 502 5 St. I am requesting on her behalf that the city of Stillwater delay the requirement to secure a building permit and commencement of exterior repairs until March 15 2011. The date of completion of all exterior repairs to be extended to May 15,2011 and the completion of all repairs allowing the issuance of a Certificate of Occupancy to be extended to September 15, 2011. Ms. Kidder and her partner's original plan was to use proceeds from the sale of 702 Churchill to rehab 502 5 St. The sale of that property took place December 3` 2010 but construction delays exhausted profits and that is no longer possible. Therefore we are working diligently to secure a buyer to purchase the property who will take over the rehabbing of it. Ms. Kidder is a lifelong member of this community who has worked tirelessly and given much to many and is committed to getting 502 S North sold and closed as quickly as possible. Respectfully yours, —14CLC-f- (1:5- Tracy Baglio RECEIVED DEC 1 7 2010 COMMUNITY DEVELOPMENT DEPARTMENT Michel Pogge From: Michel Pogge Sent: Thursday, December 16, 2010 4:26 PM To: Dave Magnuson Cc: Cindy Shilts Subject: FW: AdminCopier Scan Attachments: SKMBT_C65010121617030.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged Tracking: Recipient Delivery Dave Magnuson Cindy Shilts Delivered: 12/16/2010 4:26 PM Dave - I just received a call from the neighbor of 702 Churchill St W wanting to know the status of the deck that is encroaching in to the side property line (see attached letter) seeing that someone is now moving into the home. { did confirm with Cindy and there is no CO on the property. Can you make contact with KC Kidder and see what her intention are. There are a number of outstanding issues before a final CO can be issued and if someone is moving in we need to know when they plan to have this work completed. Thanks, Mike Michel Pogge, AICP ( City Planner I City of Stillwater { 216 North Fourth Street i Stillwater, MN 55082 1 651-430 -8822 l 651-430 -8810 (Fax) aat t mpoggePci.stillwater.mn.us I http: / /www.ci.stillwater.mn.us From: AdminCopier @ci.stillwater.mn.us fmailto: AdminCopier @ci.stillwater.mn.usl Sent: Thursday, December 16, 2010 5:04 PM To: Michel Pogge Subject: AdminCopier Scan 1 x= ' ', V - ,.rte . `...r' . s '` a r.. 4," ,x=3- r o ,-- - ` w t ^* ,,-; . { CITY OF LWATER } gl FILE 651/430-8825 cot)y INSPECTION DEPARTMENT t f [ CORRECTION NOTICE LOCATION 1 i C FI u'rt c t.i i (( 1 . t,,.) . INSPECTION MADE THIS DAY HAS DISCLOSED THE FOLLOWING DEFICIENCIES OR i VIOLATIONS: f ,, ` 7 P ;,vD, � Phc;rvc, 14-T Q i v , -r I � s l 1 A t � 1 trl t,V f A j cTifir i as f . fy N6AZ —r t I, V4tt. Fe'vNOAT +0.I WAkk UnMetd i',1:.4‘,4-, . 3 w 4 s t,V4 r(r-roA r I Lt,c .1 itbi -A001 i C t el ■ ( Cd k t Li a ), ; � Nt rl . lJ W 4 t1 .1 4e:1� 4 iiZ X %t1 e :t- R I4A t r es ` �45u ct,v i ` oUSt Nwnf S Pte• ++• 4 F (a Pj+a oY ARE HEREBY NOTIFIED THAT NO FURTHER WORK SHALL BE DONE ON THIS PHASE OF CONSTRUCTaON UNTIL CORRECTIONS NOTED HAVE BEEN CORRECTED AND REINSPECTED. 1 t. DATE 1a�� Q z _INSPECTOR ?� DO NOT REMOVE THIS NOTICE y City of Stillwater Inspections List Report Permit # From: 2008 -01460 To: 2008 -01460 Permit Type: All Property Type: All Construction Type: All Inspector: All Status: Pass /Fail/No Status Include Notes: Yes Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2008 -01460 702 CHURCHILL ST W STRYHN & KIDDER LLC FOOTING Pass 11/17/2008 09:45 AM CITY 11/17/2008 CIND Addition, FOUNDATION Pass 11/24/2008 02:15 PM CITY 11/24/2008 CIND REBUILD BACK PORTION OF HOUSE THAT WAS DEMOLISHED ROUGH -IN ELECTRICAL Open ROUGH -IN PLUMBING Open ROUGH -IN MECH Open FRAMING Pass 03/17/2009 09:30 AM CITY 03/17/2009 CIND Replace old/existing stud next to patio door- stud short, doesn't meet top plate and plate was cut through add stud next to stud that was cut off for heat run on front upper bedroom THESE CORRECTIONS WERE COMPLETED PRIOR TO LEAVING SITE - OK TO PROCEED WITH INSULATION INSULATION Fail 03/20/2009 02:15 PM CITY 03/20/2009 JON2 ** *Need to install strapping at all areas with the top plates have been cut for duct work, Need to cover the upper level front windows, Insulation was not ready, * ** INSULATION REINSPECTION Pass 03/25/2009 09:00 AM JON2 03/25/2009 JON2 Original failed on 3/20/2009. History: ***Need to install strapping at all areas with the top plates have been cut for duct work, Need to cover the upper level front windows, Insulation was not ready. * ** INSULATION Pass 03/26/2009 02:15 PM CITY 03/26/2009 JON2 Look at one area in the kitchen at the rim & check the ventilation of the two fireplaces. SHEETROCK Fail 04/21/2009 12:00 PM CITY 04/21/2009 CIND No sheetrock inspection called for. spoke to Kegan and he said it is already taped I did inform him that an inspection was required and that 1 would note such in record SHEETROCK REINSPECTION Open CIND Original failed on 4/21/2009, History: No sheetrock inspection called for. spoke to Kegan and he said it is already taped I did inform him that an inspection was required and that I would note such in record FINAL ELECTRICAL Open 12/20/2010 Page 1 of 2 Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2008 -01460 702 CHURCHILL ST W STRYHN & KIDDER LLC FINAL PLUMBING Open FINAL MECH Open FINAL BUILDING Fail 10/15/2009 02:00 PM CITY 10/15/2009 JON2 ** *Need permanently affixed contrasting colored house numbers Spindle spacing at deck must be less than 4 ", Need a gripable & continuous handrail at stairs for deck, Need a permanently affixed ladder at the egress pits deeper than 44 ", Seal all outside penetrations, May need to cover the foundation wall under the deck Need Handrails at interior stairs upper & lower, Switch smoke detectors upper & lower levels the combonation smoke/carbon monoxide must be in the hallway leading to the bedroom Finish lower level hallway & wine room, Need orisat test results & balancing report. * ** No sheetrock inspection called for. spoke to Kegan and he said it is already taped. I did inform him that an inspection was required and that I would note such in record FINAL BUILDING REINSPECTION Open 11/5/09: hold CO until rear deck issues are approved by Planning Dept Original failed on 10/15/2009. History: ** *Need permanently affixed contrasting colored house numbers Spindle spacing at deck must be less than4 ", Need a gripable & continuous handrail at stairs for deck, Need a permanently affixed ladder at the egress pits deeps than 44 ", Seal all outside penetrations, May need to cover the foundation wall under the deck Need Handrails at interior stairs upper & lower, Switch smoke detectors upper & lower levels the combonation smoke/carbon monoxide must be in the hallway leading to the bedroom, Finish lower level hallway & wine room, Need orisat test results & balancing report. * ** No sheetrock inspection called for. spoke to Kegan and he said it is already taped I did inform him that an inspection was required and that I would note such in record 12/20/2010 Page 2 of 2 City of Stillwater Inspections List Report Permit # From: 2008 -00665 To: 2008 -00665 Permit Type: All Property Type: All Construction Type: All Inspector: All Status: Pass/Fail/No Status Include Notes: Yes Permit # Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2008 -00665 702 CHURCHILL ST W STRYHN & KIDDER LLC ROUGH -IN MECH Fail 03/17/2009 09:30 AM CITY 03/17/2009 CIND 1. change flex duct in f.p. chase on main floor to rigid metal 2. dryer vent must be rigid metal piping through concealed area behind washer`dryer on upper level 3. strap plates where cut out for heat ducts ROUGH -IN MECH REINSPECTION Pass 03/18/2009 09:30 AM CIND 03/18/2009 CIND Original failed on 3/17/2009. History: 1. change flex duct in f.p. chase on main floor to rigid metal 2. dryer vent must be rigid metal piping through concealed area behind washeidryer on upper level 3. strap plates where cut out for heat ducts corrections made. GAS LINE TAG Pass 03/18/2009 09:30 AM CITY 03/18/2009 CIND Gauge by furnace FIREPLACE Fail 03/25 /2009 09:45 AM CITY 03/25/2009 JON2 ** *Fireplace venting needs to be corrected on both fireplaces (clearances & fire stopping). * ** FIREPLACE REINSPECTION Pass 03/26/2009 02:40 PM JON2 03/26/2009 JON2 Original failed on 3/25/2009. History: ** *Fireplace venting needs to be corrected on both fireplaces (clearances & fire stopping). * ** FINAL MECH Fail 10/15/2009 02:30 PM CITY 10/15/2009 JON2 ** *Need orisat test results & balancing report. * ** FINAL MECH REINSPECTION Open JON2 Original failed on 10/15/2009. History: ** *Need orisat test results & balancing report. * ** 12/20/2010 Page 1 of 1 illwater THE BIRTHPLACE OF MINNESOTA 0 November 6, 2009 K C Kidder 4833 Neal Ave N Stillwater, MN 55082 Re: Notice of a Violation of the Stillwater Zoning Code 702 Churchill St W, Stillwater, MN 55082 Dear Ms. Kidder: The City of Stillwater has received a complaint about the setback of the rear deck at 702 Churchill St W. In response to the complaint, City Staff inspected by the property on October 28, 2009. The property at 702 Churchill St W is zoned RB, Two Family Residential. The side yard setback in the RB district is 5 feet. The building plans dated October 30, 2008 showed the rear deck tenninating along the western edge of the home, which met the required side yard setback. During construction of the deck was extended westerly, without approval, and is now within the required side yard setback. Until this issue is remedied, the City of Stillwater will not issue a Final Certificate of Occupancy for this property. You have two options to remedy this situation. 1. You can modify the existing deck so that it is within the required five -foot setback. Once modifications to the deck have been completed contact me directly so the deck can be reinspected. 2. You can to the Stillwater Planning Commission for a variance to the required side yard setback. Enclosed is a variance application form and meeting schedule for your convenience. If you have any questions on the ordinance, please feel free to contact me at 651.430- 8822. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwaternn.us November 6, 2009 Notice of a Violation of the Stillwater Zoning Code 702 Churchill St W, Stillwater, MN 55082 Page 2 of 2 Thank you in advance for your cooperation. Sincerely, CITY OF STILLWATER Michel J. Po, AICP City Planner cc: Larry Hansen, City Administrator Dave Magnuson, City Attorney Bill Turnblad, Community Development Director Cindy Shilts, Building Official Address File December 15, 2010 Michael J. Pogge City Planner City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: 502 5th Street North, Stillwater Dear Mike, This is in response to your letter dated November 22"` 2010 regarding the above captioned property. Your letter, in part, addresses mowing. While you included one set of photographs with your letter, which clearly show an un -mowed yard, you indicated that these photos were taken when A -1 Maintenance was originally retained by the City. A -1 Maintenance mowed on June 23rd and I have not disputed that charge. In fact, I paid the City for A -1's services on that date. I am, however, disputing the balance of the charges as my former partner, Brendon Stryhn, mowed the yard each week following the initial complaint I received from Leo Miller. Brendon is certain he was there each week (sometimes 8 or 10 days depending on his schedule). I am not sure how we resolve this as A -1 and Brendon both indicate they performed the same work. It is possible that they both did. A -1 may have in fact been mowing, but they may have been mowing a yard that didn't "need" to be mowed. As we discussed, after Mr. Miller called me the first time, there was no indication that the yard was not mowed. I did not hear from Mr. Miller again except as respects to the dumpster. I have no choice but to dispute the charges from A -1. The remained of your letter outlines the steps I need to take regarding the "Future" of this property. I have retained Bagiios at Keller Williams to market the property. The Bagiios have contacts with a number of developers /builders and they are aggressively marketing the property to those developers /builders. The timing is poor as the holiday season through January is typically very slow for real estate transactions. However, the Bagiios have scheduled showings on the 1 property —one was today. I am confident that the Bagiios will find a suitable buyer to complete the repairs. As such, I respectfully request a 90 day extension to complete the external repairs — to May 15 2011. I am also confident that given an adequate amount of time, I can "flip" this property as nicely as we did the Churchill estate, which has clearly added value to the City in numerous ways. Thank you in advance for your consideration of this request. Sincerely, K.C. Kidder C: Carl & Tracy Bagiio Stillwater City Council Larry Hansen, City Administrator David Magnuson, City Attorney Bill Turnblad, Community Development Director Cindy Shifts, Stillwater Building Official Brendon Stryhn 2 s 1Water November 22, 2010 THE BIRTHPLACE OF MINNESOTA No Permit - Planning Record 1 KC Kidder I IIINIIIII IIIIIIINII11111I IIIIIII1II I 4833 Neal Ave N Stillwater, MN 55082 2803020240073 r 502 5TH ST N Re: 502 5 St N, Stillwater, MN 55082 Dear Ms. Kidder: As you requested, the City of Stillwater has reviewed the circti nstances concerning the City mowing property owned by you at 502 5 St N here in Stillwater. The following is a summary of what the City found. First, it is the policy of the City of Stillwater to mow tall grass on vacant properties within the City of Stillwater without notice. Due to the number of vacant properties due to the foreclosure crisis, it is simply impracticable to track down the legal owner of each vacant property within the City. . As a courtesy to private individuals of record who own vacant property as in your case, Community Service Officer Leo Miller attempts to contact the property owner one time. He contacted ycsu on May 5, 2010 concerning the tall grass and dumpster on the property. At that time he advised you that the property needed to be mowed and the dumpster needed to be removed. A written courtesy noticed was also sent to you on this matter by CSO Miller. On June 21, 2010 the City received a complaint regarding tall grass on the property. The attached photos were taken on June 23, 2010. The photos show tall grass and weeds on the property. Since CSO Miller already contacted you once, the City had the property mowed and placed it on our reoccurring mowing list. Additionally, the dumpster remained on the property until mid September when the City contact Tennis Sanitation and ordered that they remove it from the property. The City understands that it is your position that your business partner began mowing the property after the first notice by the City on May 5 and it was mowed nearly every week after that point by him. The photos from June 21 suggest otherwise. Due to this, the City finds the mowing services to be justified and correct. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 -430 -8800 • WEBSITE: www.clstillwater.mn.us Ms. KC Kidder November 22, 2010 Page2of4 Activity and Invoices In total, A -1 Maintenance mowed the property six times on the following dates in 2010: June 23, July 30, August 13, August 27, September 24, and October 8. The total for all six times mowing is $961.87. Enclosed are copies of invoices from A-1 Maintenance to the City. These invoices were paid for by the City of Stillwater. The City sent you a total of three invoices for these mowing charges. They are as . follows: 1. Invoice# 35376 dated July 28, 2010 for the mowing on June 23 in the amount of $160.31. This invoice was paid by you on November 9, 2010. 2. Invoice # 35919 dated October 15, 2010 for the mowing on July 30, August 13, and August 27 in the amount of $480.94. A copy of this invoice is enclosed and has a peach payment sub on the bottom of the invoice. 3. Invoice # 36597 dated November 4, 2010 for the September 24 and October 8 mowing in the amount of $160.31. A copy of this invoice is enclosed and has a peach payment sub on the bottom of the invoice. On November 9, 2010, the City received a payment in the amount of $160.31 for the mowing service completed on June 23, 2010. This leaves an outstanding balance forward of $801.56. This balance will be certified against the property taxes on the property on November 15, 2011 if the balance forward of $801.56 remains unpaid at that time. A full activity statement is enclosed for your records. Moving Forward on Mowing at 502 S St N Since the City finds that the mowing was justified and correct the City will not reduce or otherwise remove these charges. If these invoices remain unpaid as of 15, 2011 they will be placed on the property taxes for the property. At that time you could bring action in district court to contest these charges. Other than by court order the City will not reduce or otherwise remove these charges. The City ceased mowing the property on October 20, 2010 per our conversation on that date: Be advised, if the property is unmowed in 2011, the City reserves the right to mow the property without further notice and bill you accordingly. Ms. KC Kidder November 22, 2010 Page 3 of 4 Future of 502 5 St N The current state of the property at 502 5 St N is unacceptable. It has been in its current state since at least Spring of 2009. Water service to the home was discontinued on April 23, 2009 at your request. It was documented by the Stillwater Police Department that the property was vacant on May 29, 2009. It has remained vacant since that. time Currently 10 windows are boarded up, siding is missing on a number of areas on the home, the roof has a large hole in it, and the interior is gutted. On May 7, 2010, Cindy Shifts, Stillwater Building Official, and myself met with Brendon Stryhn to discuss the home's current situation. Mr. Stryhn agreed to begin working on the home and secure a permit for the work within 30 days. A permit was never obtained for the work and the work was never started. On June 1, 2010 City Attorney David Magnuson sent you a letter concerning the home notifying you that work needed to commence on the property by June 15, 2010 or the City would undertake legal action to enforce our ordinance and other State laws that deal with abandoned and vacant property. The City understands that your current financial situation has made it difficult for you to begin work on the home. However, this does not relieve you of your obligation to care for this home in a reasonable timeframe. As you are aware, the City has been exploring how to address the nuisances that exist on the property including installing new windows, siding and reroofing the home. The City has received 2 estimates for this work at $18,122.80 and $20,072 respectively. The materials that would be used would include vinyl siding, vinyl windows and asphalt shingles. While this may not be the type or style of materials you or the City wishes to see used, it is however the minimum level needed to correct the nuisances and therefore represents the maximum amount of work that the City is allowed to complete. If the City would proceed with this work we are not sure what this would accomplish, especially seeing that the interior of the home would still be unfinished. Therefore, the City has decided that it will not proceed with renovating the outside of the structure to correct this nuisance. If repairs are not made to correct the current nuisances on the property the City will proceed with declaring the property a nuisance and abating said nuisances. This will follow the procedures outlined in Minnesota State Statue 463 and City Code Chapter 38 and may result in demolition of the building. All costs incurred by the City for that demolition would be your responsibility. Ms. KC Kidder November 22, 2010 Page4of4 To avoid the City taking abatement action on this property you must do the following: 1. By no Iater than December 15, 2010, you must have secured a building permit to make repairs to the structure. 2. By no later than December 15, 2010, you must start making repairs to the outside of the structure. 3. By no later than February 15, 2011, you must have completed making repairs to the outside of the structure including replacing the windows, residing the structure, and reroofing the structure. 4. By no later than June 15, 2011, you roust have completed repairs to the structure that will allow a certificate of occupancy to be issued. It is not our goal or intent to create an undue hardship but rather work with you to resolve this issue as quicldy as possible. However, the City believes that two years is a fair enough amount of time to complete the needed work on the structure. To that end, if you fail to meet these dates the City will immediately move to have the structure be declared a public nuisance and will seek to have it demolished. If you have any questions or if I can be of assistance to you in the future please feel free to contact me directly at 651- 430 -8822. Sincerely, CITY OF STILLWATER, MINNESOTA -' F 7070,fr'r,7--4. Michel J. Pogge, AICP City Planner cc: Stillwater City Council Larry Hansen, City Administrator David Magnuson, City Attorney Bill Turnblad, Community Development Director Cindy Shills, Stillwater Building Official File ACTIVITY STATEMENT SEND TO CUST NO DATE: K C Kidder 101120 11/22/2010 4833 Neal Ave N Stillwater, MN 55082 ACCOUNT 0000461 AR account for 101120 STATEMENT PERIOD Ail Account History PREVIOUS BALANCE: 0.00 ACTIVITY THIS PERIOD: REF. DATE TYPE DESCRIPTION AMOUNT BAL. FWD 0035376 07/28/2010 INVOICE 502 5th St, N. Lawn Care 160.31 160.31 0035919 10/15/2010 INVOICE 502 5th St S (9300,9324) 480.94 641.25 0036597 11/04/2010 INVOICE 502 5th St N 320.62 961.87 0036742 11/09/2010 PAYMENT - 160.31 801.56 UNAPFLIED CREDITS: 0.00 BALANCE FORWARD: 801.56 Please remit payment for the balance of your account to: For questions regarding your statement, please contact: City of Stillwater 216 North 4th Street Stillwater, MN 55082 w tear DATE INVOICE 140 `HE BIRTHPLACE OF MINNESO I A 10/15/2010 0035919 BILL TO K C Kidder 4833 Neal Ave N Stillwater, MN 55082 DUE DATE 11/15/2010 DESCRIPTION QUANTITY EFFECTIVE RATE AMOUNT 502 5th St S (9300,9324): Clean Up Services 1.00 5480.94 548094 INVOICE AMOUNT DUE: 5480.94 TOTAL ACCOUNT BALANCE: 5480.94 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For questions please contact us at (651)430 -8800 Customer Name: K C Kidder Customer No: 101120 DUE DATE INVOICE O Account No: 0000461 - AR account for 101120 11/15/2010 0035919 Please remit payment by the due date to: +, City of Stillwater 216 North 4th Street TOTAL AMOUNT DUE: $480.94 Stillwater, MN 55082 AMOUNT PAID: Imiater DATE INVOICE NO ' H E B I R T H P L A C E OF M I N N E O I A 11/04/2010 0036597 BILL TO K C Kidder 4833 Neal Ave N Stillwater, MN 55082 DUB DATE 12/04/2010 DESCRIPTION QUANTITY EFFECTIVE RATE AMOUNT 5025th St N: Clean Up Services 9592 9740 1.00 $320.62 $320.62 INVOICE AMOUNT DUE: $320.62 f TOTAL ACCOUNT BALANCE: $320.62 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For questions please contact us at (651)430-8800 Customer Name: K C Kidder DUE DATE INVOICE NO Customer No: 101120 Account No: 0000461 - AR account for 101120 12/04/2010 0036597 Please remit payment by the due date to 1 1 i I City of Stillwater 216 North 4th Street TOTAL AMOUNT DUE: $320.62 Stillwater, MN 55082 AMOUNT PAID: A -1 Maintenance, Inc. Invoice P.O. Box 10904 White Bear Lake, MN 55110 Date Invoice # 7/14/2010 9156 Bill To City of Stillwater D IA o + Michael Pogge (� 216 North 4th Street Stillwater, MN 55082 ` ( P.O. No. Terms Due Date Fed Tax Id # 41- 1745819 Net 15 7/29/2010 Description Amount Lawn Care - 6/23/10 - 502 5th Street North - Mow lot with house or building - (LG, KO) 150.00T Subtotal $150.00 Sales Tax 510.31 Total 5160.31 Balance Due 516031 Phone # Fax # E -mail Web Site 651- 771 -2654 651 -772 -9507 almain@aol.com www.a- 1inc.com A -1 Maintenance, Inc. Invoice P.O. Box 10904 White Bear Lake, MN 55110 Date Invoice # 8/16/2010 9300 Bill To City of Stillwater V vt d }� ( Michael Pogge 216 North 4th Street Stillwater, MN 55082 ; f) • VV P.O. No. Terms Due Date Fed Tax Id # 41- 1745619 Net 15 8/31/2010 Description Amount Lawn Care - 7/30/10 - 502 5th Street North - Mow lot with house or building - (TM) 150.00T Subtotal $150.00 Sales Tax $10.31 Total S160.31 Balance Due $160.31 Phone # Fax # E -mail Web Site 651- 771 -2654 651 -772 -9507 almain@a aol.com www.a- 1inc.com A -1 Maintenance, Inc. Invoice P.O. Box 10904 White Bear Lake, MN 55110 Date Invoice # 9/1/2010 9324 Bill To City of Stillwater I ` Michael Pogge 216 North 4th Street Stillwater, MN 55082 (� t I a P,0. No. Terms Due Date Fed Tax Id # 41- 1745819 Net 15 9/16/2010 Description Amount Lawn Care - 8/13/10 - 502 5th Street North - Mow lot with house or building - (1CO TM) 150.00T Lawn Care - 8/27/10 - 502 5th Street North - Mow lot with house or building - (TM, MT) 150.00T Subtotal $300.00 Sales Tax 520.63 Total $320.63 Balance Due $320.63 Phone # Fax # E -mail Web Site 651- 771 -2654 651- 772 -9507 almain @aol.com wwwa- 1inc.com A -1 Maintenance, Inc. Invoice P.O. Box 10904 White Bear Lake, MN 55110 Date Invoice # 9/30/2010 9592 Bill To City of Stillwater ` 7 3 4 v n e k 4- - Michael Pogge ( n / 216 North 4th Street Stillwater, MN 55082 �j u t Y c P.O. No. Terms Due Date Fed Tax Id # 41- 1745819 Net 15 10/15/2010 Description Amount Lawn Care - 9/24/10 - 502 5th Street North - Mow lot with house or building - (KO, MT) 150.00T Subtotal $150.00 Sales Tax $10.31 Total $16031 Balance Due $160.31 Phone # Fax # E -mail Web Site 651- 771 -2654 651- 772 -9507 almain@aol.com www.a- linc.com A -1 Maintenance, Inc. Invoice P.O. Box 10904 White Bear Lake, MN 55110 Date Invoice # 11/2/2010 9740 Bill To City of Stillwater n 0 ••� G`" Michael Pogge kk'' 216 North 4th Street Stillwater, MN 55082 TOL , 11 by P.O. No. Terms Due Date Fed Tax Id # 41 - 1745819 Net 15 11/17/2010 Description Amount Lawn Care - 10/8/10 - 502 5th Street North - Mow lot with house or building - (KO, GJ) 150.00T Subtotal $150.00 Sales Tax $10.31 Total $160.31 Balance Due $160.31 Phone # Fax # E -mail Web Site 651 -771 -2654 651 - 379 -8036 info@aa- linc.com www.a- linc.corn :-."*A6:::•6`;'N'.. ■• ..H : '` 2 ' R7•01-:!f',.''..:'•:;',: - "r ',•,, ','.ri .1. L t 1 ., 1 41111C , t , ,„ _ ..r. • ' t. . , . . , .. =.7 • -...: g '■ illt " 4 , . t ''. . OW& ,,,:• ;',, , A ---- 1 i P t . . .., , ■ , , ... . „ . 1 • a t . , , , A ftc.; I ,,. .., 1" , V , . 7 .......__..... .. ..; ,. 1 '-- lil • ' \ AI :4 k 11Plyis : Ifigi ..., '.., 1 . . ..t TT , 40 111111111111111111Mm umwommums :-• .:: - , • ... 1 ...smil wo - A Nile E i . . . , ' • : t• a ' !' " ,, ., •, e .'• . r . . ''' . ,. • ,. • , ,. + .. 4 . J ' • ,. .':: •.:.t.ks:N. • .- 1 ::', :.:.: '.:,4 ...,- 'i.'fk.' • , 4 1 • ,1! . Li .. ,,. ... MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 Nona MAIN SmEEr • Suns #202 • STILLWAIEE, MN 55082 TELEPHONE: (651) 439 -9464 • FACSAIU.E: (651) 439 -564.1 W W W. AGNUSONLAWFIRM.COM DAVID T. MAGNUSON JOHN D. MA 1 • iN D r 1MAGNUSONOMAG JSONI.AWFIEM.COM / MAGNUSON @MAGNUSONI;Ia "r. ••M June 1, 2010 ©P K. C. Kidder 4833 Neal Avenue North Stillwater, MN 55082 Re: Lot 16, Block 5, Sabin's Addition to Stillwater (502 North 5th Street) Dear K.C. 1 am writing to you as the record owner of 502 North 5th Street to put you on Notice immediate efforts are required to complete repairs and renovations that appear to have been abandoned at this address. There are roof areas open to the elements due to the removal of • • vents and the chimney, as well as necessary framing repairs must be made to prevent further bowing of roof and floor framing members. If efforts are not made to protect this structure from the weather as well as to • y - , and show evidence of work being done on the necessary exterior and structural repairs by Jun: 15th, 2010 the City will undertake legal action to enforce its ordinances and other State laws • at deal with abandonment and vacant property. Please do not ignore this Notice. Respectfully, David agnuson Stillwa - r ity Attorney DTM/bas cc: Larry Hansen Michel Pogge Michel Pogge From: Cindy Shills Sent: Friday, May 07, 2010 3:44 PM To: Dave Magnuson Cc: Michel Pogge Subject: 502 5th St N Dave, Mike Pogge and I were granted access to 502 N 5th Street this afternoon to assess the condition of the property. The house is structurally in excellent condition. There are framing repairs to be made, but only due to roof and floor framing members being over - spanned showing slight bowing. There was no evidence of rot in the structure and the foundation is also in very good condition. There area few areas in the roof that are open to the elements due to the removal of roof vents and the chimney. 1 requested that those areas be covered to prevent the exterior elements from damaging the interior. The owner did agree to apply for a permit to begin work on the exterior in order to show forward progress on the property. If you have any further questions, please let me know. cinchy Shark city ofStaLwaterl3ttad‘ve0friciza. 216 N 4ti.Street Staiwater, MN 55082 Phone' (651)430 -8827 R140 (651)430-8810 1 CJG1UPRSW STILLWATER POLICE DEPARTMENT DATE 11/03/10 TIME 10 :54:27 INITIAL COMPLAINT REPORT 110203704 DATE /TIME REPORTED: 5/05/10 8:57:44 DISPATCHER: LAMILLE DATE /TIME STAMP: 5/05/10 9 :02:33 ENTERED BY: LAMILLE LOCATION OF INCIDENT: 5TH ST N GRID: 107 STILLWATER, MN 55082 INCIDENT RECEIVED $Y: OTHER OFFICERS ASSIGNED: 207 MILLER NAMES ASSOCIATED K KIDDER WITH THIS INCIDENT: NEAL AV N STILLWATER, MN 55082 PHONE :(H) (W) SEX: DOB: ASSOCIATION:SUSPECT /J ANCE VIOLATION - 207P MICHAEL POGGE - CITY PLANNING DEPT STILLWATER, MN 55082 PHONE:(H) (W) 651/430 -8822 SEX: DOB: ASSOCIATION :COMPLAINANT OFFICER COMMENTS: COMPLAINT FROM PLANNING DEPT OF A LARGE DUMPSTER AND HIGH 207 5/05/10 GRASS AT THE VACANT HOME AT 502 N 5TH ST.. THE HOME HAS 207 5/05/10 BEEN UNDER RECONSTRUCTION FOR A NUMBER OF YEARS WITH NO 207 5/05/10 . ; SERVICES TO THE HOME. POGGE ALSO CLAIMS THERE IS NO CURRENT 207 5/05/10 ''" �JILDING PERMIT. I LEFT A VOICE MAIL MESSAGE TO THE - OWNER 207 5/05/10 K.C. KIDDER ASKING HIM TO REMOVE THE DUMPSTER AND CUT 207 5/05/10 THE GRASS.POGGE ALSO CONTACTED THE CITY ATTORNEY AND HE 207 5/05/10 WILL LOOK AT THE PROPERTY AND GIVE AN OPINION ON WHAT TO , 207 5/05/10 DO NEXT. 207 5/05/10 COURTESY LETTER ALSO SENT TO KIDDER. 9815 207 5/05/10 GRASS HAS BEEN CUT. DUMPSTER IS STILL IN THE YARD. . 207 5/07/10 CITY ATTORNEY IS IN THE PROCESS OF DECLARING THE HOME 207 *5/07/10 it AS A HAZARDOUS STRUCTURE. 9815 207 5/07/10 CLASSIFIED AS: NUISANCE COMPLAINT /VIOLA.TIONS 9815 CLIG1UPRSW STILLWATER POLICE DEPARTMENT DATE 11/22/10 TIME 13:18:18 INITIAL COMPLAINT REPORT 109212936 DATE/TIME REPORTED: 12/21/09 13:38:15 DISPATCHER: LAMILLE DATE/TIME STAMP: 12/21/09 13:41:59 ENTERED BY: LAMILLE LOCATION OF INCIDENT: 5TH ST N GRID: 107 STILLWATER, MN 55082 INCIDENT RECEIVED BY: OTHER OFFICERS ASSIGNED: 207 MILLER NAMES ASSOCIATED WITH THIS INCIDENT: STILLwrTER, MN 55082 PHONE:(H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT ,FJPEWALK SHOVELING VIOLATION 207 KC KIDDER CHURCHILL ST W STILLWATER, MN 55082 PHONE:(H) 651/439-2178 (W) SEX:F DOB: ASSOCIATION:SUSPECT KC KIDDER NEAL AV N BAYTOWN TWP, MN 55082 PHONE:(H) 651/439-2178 (W) SEX:F DOB: ASSOCIATION:SUSPECT OFFICER COMMENTS: COMPLAINED THAT THE SIDWALK IN FRONT OF N 5TH ST 207 12/21/09 }NOT BEEN SHOVELED ALL SEASON. INSPECTION SHOWED THIS TO 207 12/21/09' BE TRUE. A VIOLATION LETTER WILL BE SENT TO PROPERTY OWNER, 207 12/21/09 KIDDER, ALONG WITH A FOLLOWUP PHONE CALL. 9815 207 12/21/09 011510: VIOLATION CORRECTED. 9815 207 1/15/10 CLASSIFIED AS: NUISANCE COMPLAINT/VIOLATIONS 9815 CJG1UPRSW STILLWATER POLICE DEPARTMENT DATE 11/22/10 TIME 13:18:20 INITIAL COMPLAINT REPORT 109212085 DATE /TIME REPORTED: 11/20/09 10:14:20 DISPATCHER: LRTHOMP DATE /TIME STAMP: 11 /20/09 10:15 :17 ENTERED BY: LRTHOMP LOCATION OF INCIDENT: 5TH ST N GRID: 107 STILLWATER, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 209 SIEBENALER NAMES ASSOCIATED WITH THIS INCIDENT: , MN 55082 PHONE:(H) 439 -0566 (W) SEX:F DOB: ASSOCIATION :COMPLAINANT GARBAGE HOUSE 209P • COMP HAS CALLED MULTIPLE TIMES ON TRASHY UNOCCUPIED HOUSE, NOW DOOR IS WIDE 9809 OPEN LEADING DOWN TO BASEMENT, DANGEROUS FOR KIDS OPFICER COMMENTS: CHECKED RESD. RESD IS UNDER CONSTRUCTION /CONDEMNED. 209 11/20/09 SECURED DOOR. NO PROBLEMS. CLRD. 209 11/20/09 CLASSIFIED AS: ORDINANCE VIOLATIONS 9980 � .sr . CJG1UPRSW STILLWATER POLICE DEPARTMENT DATE 11/22/10 TIME 13:18:13 INITIAL COMPLAINT REPORT 110209208 DATE /TIME REPORTED: 9/08/10 10:22:28 DISPATCHER: LAMILLE DATE /TIME STAMP: 9/08/10 10.:25 :00 ENTERED BY: LAMILLE LOCATION OF INCIDENT: 5TH ST N GRID: 107 STILLWATER, MN 55082 INCIDENT RECEIVED BY: DEPUTY OFFICERS .ASSIGNED: 207 MILLER NAMES ASSOCIATED KAY CYNTHIA KIDDER WITH THIS INCIDENT: NEAL AV N • BAYTOWN TWP, MN. 55082 PHONE:(H) 651 439- 2178 (W) SEX :F DOB: ASSOCIATION:S SPECT i y ET HAZARD-ABANDONED HOME 207 OFFICER COMMENTS: COMPLAINT OF KIDS GETTING INTO THE HOUSE WHICH IS ABANDONED 207 9/08/10 AND NO SERVICES. HOUSE IS BOARDED ACCEPT FOR DOORS. 207 9/08/10 THE BACK DOOR ON THE WEST SIDE HAS BEEN FORCED. THE 207 9/08/10 PADLOCK AND HASP BEING FORCED. I LEFT VOICE MAIL FOR KIDDER 207 9 TO SECURE THE DOOR BY FRIDAY, 091010. 207 9/08/10 CLASSIFIED AS: HAZARDOUS CONDITIONS /SITUATION /HEALTH 9814 f • CJG1UPRSW STILLWATER POLICE DEPARTMENT DATE 11/22/10 TIME 13:18:22 INITIAL COMPLAINT REPORT 109209852 DATE/TIME REPORTED: 9/11/09 18:02:13 DISPATCHER: MJJOHNS DATE/TIME STAMP: 9/11/09 18:02:54 ENTERED BY: MJJOHNS LOCATION OF INCIDENT: 5TH ST N GRID: 107 STILLWATER, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 215 BRUCHU NAMES ASSOCIATED WITH THIS INCIDENT: - 1IWTh 55082 PHONE: (H) 439-0566 (W) SEX:F DOB: ASSOCIATION:COMPLAINANT CHECK THE HOUSE 215 VACANT HOUSE AT LOCATION WITH OPEN FRONT DOOR AND NO FLR CAN FALL INTO BASE MENT COMP FEELS IT IS A "HAZARDOUS" HOUSE OFFICER COMMENTS: REPORT THE REAR DOOR TO THE HOME WAS AJAR AND THE 215 9/11/09 ,* UNSAFE IF SOMEONE WERE TO GO IN. I SCREWED THE DOOR 215 9/11/09 SHUT AND LEFT MESSAGE FOR 207. 215 9/11/09 CLASSIFIED AS: HAZARDOUS CONDITIONS/SITUATION/HEALTH 9814 . • CJG1UPRSW STILLWATER POLICE DEPARTMENT DATE 6/03/09 TIME 10:L INITIAL COMPLAINT REPORT 109205104 DATE /TIME REPORTED: 5/29/09 18:07:41 DISPATCHER: MJJOHNS DATE /TIME ST' •- ' 1• $a-08.1�_� ENTERED BY: MJJOHNS ('LOCATION OF INCIDENT: 5TH ST N GRID: 107 \�' STILLWATER, MN 55082 INCIDENT RECEIVED BY: 911 EMERGENCY OFFICERS ASSIGNED: 213 WULFING 217 STENDER NAMES ASSOCIATED WITH THIS INCIDENT: ejiMiNi STILLWATER, MN 55082 PHONE:(H) SEX:F DOB: ASSOCIATION:COMPLAINANT OPEN DOOR /UNSAFE PROPERTY 213P/217A DOOR TO HOUSE IS WIDE OPEN COMP CONCERNED BECAUSE IF YOU WALK IN AND FALL INTO BASEMENT KAY CYNTHIA KIDDER NEAL AV N BAYTOWN TWP, MN 55082 PHONE:(H) 651/4 - (W) SEX :F DOB: ASSOCIATION: SPECT POSSIBLE OWNER OFFICER COMMENTS: RESPONDED TO OPEN DOOR ON VACANT HOUSE. WHILE ON SCENE, COMP 213 5/30/09 ARRIVED AND EXPRESSED NUMEROUS CONCERNS WITH THE PORPERTY 213 5/30/09 AND ITS CURRENT STATE. REPORT FORWARDED TO INSPECTIONS AND 213 5/30/09 COMMUNITY DEVELOPMENT. 213 5/30/09 CLASSIFIED AS: OPEN DOOR- WINDOW /BUSINESS /HOME /OTHER 9904 Lagc 1. �.. Initial Complaint ltcporl I'CR Number: 109205104 Agency: Stillwater Police Department ICR Created: 05/29/2009 18:07:41 Stillwater P.D. - #09205104 Officer Wulfing Date/Time Occurred: 05/29/09 — 1 807 hrs. Date/Time Report Made: 05/30/09 — 0510 hrs. SYNOPSIS Responded to an open door on a vacant residence. Cleared the interior of the residence and was able to secure the door. Spoke to the comp in reference complaints about the property. NARRATIVE On 5/29/09 at approximately 1824 hrs. I was dispatched to 5th St. on a report of an open door and unsafe situation in the house. Upon arrival I Iocated the back door of the property open. It appeared as though the door had been locked at one point by a padlock and hasp; however, it appeared as though the hasp had been forced open. I did enter the vacant residence which was currently demolished inside. There were numerous holes in the floors as well as an opening directly inside the door down to the basement, creating a very unsafe situation. While on scene the comp; � was very upset with the status of the property and the unsafe situation that was occurring. She sta that ad spoke to someone pertaining to code enforcement some time ago; however, they were of no assistance to her. AMP pointed out several things about the property including a large pile of, what appeared to be, motor oil of hydraulic fluid located to the rear of the property as well as an old refrigerator /freezer and possible washing machine stacked up behind the property. I did note that there a peared to be an old stop work order from the City of Stillwater stuck to the front door of the residence. old me that she was very concerned as the property is a hazard that is unsafe and there are numerous bricks and other items being dropped on the property. believed that the - property owners are simply storing the items on the property and using it as a ump. I was able to locate a nail outside the property and, using a rock, I was able to nail the hasp back into place securing the door so that no one would easily be able to enter the residence and injure themselves. I told I would complete a report on the situation and forward it to the appropriate department within the City of Stillwater. Upon checking the Washington County Property and Tax information website the owner of record according to the website is KAY CYNTHIA KIDDER at Neal Av. N. in Stillwater. Please forward a copy of this report to the City of Stillwater Building Inspections and City of Stillwater Community Development Department. WULFING:Irt 06/03/09 -- 1113 hrs. http:f /crindom 1 /icr/icr.nsf /PrintView /181 A3FA37ACEAB2B862575CA0059663C ?OpenDo... 6/3/2009 / . • ./: / JOHN GANNAWAY ' 6 •: CRAIG T. 'PETERSON, • CHIEF OF POUCE __..., . -�" CAPTAIN J d . TIE & mwti. E OF MINNESOTA. ' *' • . POLICE DEPARTMENT DATE: , 5- .�"'-la . No Permit - Planning Record xCR #:— / „ 2d ' - 111111 111111111111111111 11111111111111 TO' � 28030205TH 2ST 400N 73 Il �r` M22 z74 ' p 502 • Dear Stillwater Resident: • 'This pis a courtesy letter sent to' . otin you of a city ordinance violation or violations on • . . . k: . .3101F•PmPertY.10c4tted at ' • _ • . ro • -: . . The is checked below in the appropriate boic:. .. - Ordinance #b7 Nuisance complain t, Chapter , - Ordinatico # Abandoned Motor ( iap ter 40,:Defnit niti Abamdoued - .. • - ' :anotor velucleis.a vehicle*hich is: • •. . • • . r< i -' • On ppubhih .or.pieivate-propezty in viola ion dity'o • 'or ota • : 2. { .,private p ty without'coaD, ; ofthe in 0i af itiii • ' _3:-:: T>isabled, unless: allowed bySubd. (S)iD)of this i*c . • . :.. • • s v.:ehic�le'regiskei to ttte b or occupunt:of •tbi p uts' -be: k Bair • •` - : .. . . . iepair oil thep + far ap dinot-to cz eed.90•daya. •'.:i , . • ... - • • - • - • • - ' 4. Liceiscplatcs'wIiich z,, .�'1. _. . i a �,r d �g • - • .. p tconse ptates wbici as not conspicuouady laj c t. : • . . . J ... . • AAR.Grc - AP . �- /— . ;),/ o.z. e• , 6. ' . .GCE' . • . .. • 2 / /4/.: a.;.../tfe../...c.r �- t '.. : c•• c.7' 4f..Y.:c,/14-';'•: s 44"D. . ?�vc % . . P..en' .43 : i7" 84 . G - i . . �s. I1 %Q . . :. .. , : y . • • • & a'= 'sridra: pa..,tt:;a Infix n_ ., Wider on ft.�e at Per& e=a1r iun 1 : 1 calr '' ' 0! J' shop which is au ty� ' au i� • ov`Egai ors ge lavidiig, ' • • The ON of tekkle in vio ri vn yaw prop, b.,s !rearm . • • • Liman P,4: firth er "an rap ' Y the '�' �, if; wilnatialewny • • h bwsa haw. ram 044 ' gnat haw . 'ir mPe „Whim . . - Maui* jvu ifar • �`tar -,4 Lit • • \Vashington Dennis C. Hegberg, District 1 ✓ County Bill Pulkrabek, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 BOARD AGENDA Lisa Weik, District 5 JANUARY 4, 2011- 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. Unfinished Business 3. Motion for Board to Adjourn Sine Die 4. Oath of Office — Administered to the following Elected County Officials: Bill Pulkrabek Commissioner District 2; Autumn Lehrke, Commissioner District 4; Lisa Weik, Commissioner District 5; Peter Orput, County Attorney; and William Hutton, County Sheriff 5. New Roll Call 6. Election of Chair of the County Board for 2011 7. Election of Vice Chair of the County Board for 2011 8. Set Board Meeting Dates for 2011 9. 9:15 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. 10. 9:25 Consent Calendar — Roll Call Vote 11. 9:25 General Administration — Jim Schug, County Administrator Appointments to the Valley Branch Watershed District Board of Managers 12. 9:50 Commissioner Reports — Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 13. 10:10 Recess - Workshop with Office of Administration Commissioner Committee Assignments for 2011 14. Board Correspondence 15. 10:55 County Board Reconvenes — Commissioner Committee Appointments for 2011 16. 11:00 Adjourn ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * *MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location January 5 Metro Mosquito Control Commission 9:00 a.m. 2099 University Avenue West — St. Paul January 6 MN High Speed Rail Commission 10:00 a.m. 454 West 6 Street — Red Wing January 6 Metro Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul Assistive listening devices are available for use in the County Board Room /r ,mu nnud accicronra d,, ,n di, n, mnn „ann nn..;n. Qtnacu raa (AOl1 i(Qn_afNln EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 4, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the December 9 and 14 Board meeting minutes. B. Approval of appointments /reappointments to advisory committees for 2011. C. Approval of resolution awarding the 2011 newspaper publishing bids and designating the county web site as the official publication for transportation projects. D. Approval of a Memorial Day Appropriation of $100 each, upon request, in 2011 for military service organizations as set out in state statute. Community Services E. Approval of the 2011 -2012 contract with Rule 36 Limited Partnership of Duluth III to fund services for Intensive Residential Treatment Services (IRTS) and Residential Crisis Stabilization Services for the uninsured at their Willow Haven facility in Lake Elmo. Public Health and Environment F. Approval of agreement with Shawn Svendsen Cates, Martha Larson, Maren Marks, and Forest Lake Schools Community Education program to use county property to provide onsite county employee wellness activities. G. Approval of amendment to extend the term of Contract #4403 with Garrison Enterprises, Inc. for a Digital Health Department system to December 31, 2011. Public Works H. Approval of Change Order No. 1 in the amount of $26,306.17 to County State Aid Highway (CSAH) 13 overlay project with Hardrives, Inc. I. Adopt resolution to extend lease agreements for office space at the Washington County Historic Courthouse with the Youth Service Bureau to December 31, 2011. J. Adoption of resolution to extend the lease agreement with Lakeland Plaza, LLC to December 31, 2013 for the space occupied by the Valley Branch Library located at 380 St. Croix Trail South in Lakeland. *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.