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HomeMy WebLinkAbout2011-02-01 CC PacketTQ1 !IlTM ►LE C! 1f ■1 ►!E!!IE REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 1, 2011 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Pedestrian Plaza and Lowell Park updates 2. Comprehensive Plan rezoning project update 3. Fagade program for Downtown Buildings 4. Discussion of Lift Bridge STAFF REPORTS 5. Police Chief 9. Public Wks Dir /City Engr Update: Boat launch & Zephyr trail CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 6. Fire Chief - Cost 7. City Clerk 8. Community Dev. Director 10. Finance Dir. 11. City Attorney 12. City Administrator 7:00 P.M. AGENDA APPROVAL OF MINUTES - Possible approval of January 18, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation —Cynthia Jacobson — Retirement— 24+ years of service (Resolution 2010- 17 - Roll Call) 2. Nature Valley Grand Prix Stillwater Criterium — Lee Stylos 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) 3. Resolution 2011 -16, Directing the Payment of Bills 4. Resolution 2011 -18, acceptance of Work and Final Payment, 2009 Street Improvement Project (Project 2009 -02) 5. Resolution 2011 -19, approval of Forestry Consultant Contract with Kathy Widin 6. Resolution 2011 -20, approval of State of Minnesota Grant Contract for DWI Enforcement PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 7. Tom McGlynn shuttle and tour trolley request (Resolution — Roll Call) 8. Possible approval of 2 "d reading of Ordinance 1026, an ordinance amending Chapter 41, of the Stillwater City Code, Section 41 -4 entitled Peddlers and Solicitors 2 nd reading — Roll Call) NEW BUSINESS 9. Possible approval of 2011 Dock Permit with St. Croix Boat & Packet (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. • wa er IEE IIETNPI*CE Of •IEEEIOIA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street February 1, 2011 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Pedestrian Plaza and Lowell Park updates 2. Comprehensive Plan rezoning project update 3. Facade program for Downtown Buildings 4. Discussion of Lift Bridge STAFF REPORTS 5. Police Chief 6. Fire Chief - Cost 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir /City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator Update: Boat launch & Zephyr trail 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Possible approval of January 18, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Certificate of Appreciation — Cynthia Jacobson — Retirement - 24+ years of service (Roll Call) 2. Nature Valley Grand Prix Stillwater Criterium — Lee Stylos 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) 3. Resolution 2011 -16, Directing the Payment of Bills 4. Resolution 2011 -18, acceptance of Work and Final Payment, 2009 Street Improvement Project (Project 2009 -02) 5. Resolution 2011 -19, approval of Forestry Consultant Contract with Kathy Widin. PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. UNFINISHED BUSINESS 6. Tom McGlynn shuttle and tour trolley request (Resolution — Roll Call) 7. Possible approval of 2 reading of Ordinance 1026, an ordinance amending Chapter 41, of the Stillwater City Code, Section 41 -4 entitled Peddlers and Solicitors 2 reading — Roll Call) NEW BUSINESS 8. Possible approval of 2011 Dock Permit with St. Croix Boat & Packet (Resolution — Roll CaII) 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. SU H E 9 I ° N L1 4 1 . 1, , 1 , / : : 0 M Update Memo Community Development Department To: City Council From: Michel Pogge, City Planner l'N 4 Date: Thursday, January 27, 2011 Re: Pedestrian Plaza Design Planning Update Message: Staff has met twice now with the Pedestrian Plaza design planning team headed by Sanders Wacker Bergly (SWB). At this point SWB have completed the preliminary base mapping for the project and is working on the development of the overall master plan for North Lowell Park and the initial concept plans for the plaza. Additionally, staff has continued negotiations with the property owner of Water Street Inn concerning acquiring the north 48.88 feet of the Water Street Inn parking lot needed for the preferred alignment of the project. At this point the conversations have not been fruitful; though staff understands a meeting between the owner of Water Street Inn and their attorney is set for Friday (1/28/2011). If that meeting does not result in some type of proposal to allow for an acquisition, we are at a point that the City either needs to realign the project to remain on property we own or proceed with a quick take process to acquire the property. Staff will update the Council on Tuesday on this issue. The steps over the next 60 days are as follows: 1. SWB will continue to develop the overall master plan for North Lowell Park and the initial concept plans for the plaza for staff review in mid- February. 2. Late February and early March, staff will update the Parks Commission and City Council on the concept plans. 3. Staff is hopeful we will be in a position to host an open house in mid March on the various plan options. These initial feedback points with the Council, Commission and Public are just the first opportunities to get feedback on the plans. Initial comments and feedback from the Council, Commission, and mid -March open house will be incorporated into the planning process as the project moves forward. Future opportunities will be held as the plans near completion in the late spring /early summer time period. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us Ater THE BIRTHPLACE OF MINNESOTA • TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: January 27, 2011 RE: 2030 Comprehensive Plan Implementation: Zoning Map Consistency Project BACKGROUND The Stillwater 2030 Comprehensive Plan was adopted on June 1, 2010. According to the Metropolitan Land Planning Act, Minn. Stat. 473.865, Subd. 3, metropolitan area municipalities, including Stillwater, have nine months after updating or amending their comprehensive plan to update the corresponding official controls. Official controls include (among other things) land use ordinances, land development ordinances, and zoning maps. The first project in the implementation of the 2030 Comprehensive Plan is to amend the City's zoning map to be consistent with the Plan. Later this year the ordinances will be updated. COMMENTS One of the major elements of the City's Comprehensive Plan is land use. The guiding document for this element is the Future Land Use Plan Map (Figure 2.3, found on Page 2- 13 of the Plan). It depicts general land uses that are considered acceptable for every property in the City through the year 2030. Since the City's zoning map has to be consistent with the Future Land Use Plan Map, Table 1.8 (found on Page 1 -12 of the Plan) was included in the Plan to specifically identify which zoning districts are considered to be consistent with each of the general land uses found on the land use map. For example, if a property is shown on the Future Land Use Plan Map as "Low /Medium Density Residential (LMDR) ", Table 1.18 identifies the CCR, RB and CR Zoning Districts as consistent with that general land use classification. If the actual zoning of the property is not one of the three identified Zoning Districts, then the property would have to be rezoned to one of the three. 403 properties are currently zoned inconsistently with the 2030 Future Land Use Plan Map. 303 of these inconsistencies are properties that are used for recreational or open space Comp Plan Rezoning Project January 26, 2011 Page 2 purposes but are zoned (and were guided in the last Comp Plan as) residential, industrial or commercial. During the last decade the Twin Cities area municipalities have discovered through lost law suits that if a community wants to preserve its recreational and other open spaces, then it cannot guide and zone them for residential, industrial or commercial uses. For example, in Eagan a private golf course was zoned and guided for multiple family residential uses, and the golf course failed financially. A developer proposed a mixed density residential neighborhood in place of the golf course. Suddenly, everyone who had an expensive fairway home was threatened with loss of their fairways to be replaced by mixed density residential buildings. And, since the zoning map and Comprehensive Plan both said that the residential uses were allowed, the City was hard pressed to deny a very unpopular proposal. Consequently, this new generation of Comprehensive Plans in the Twin Cities tends NOT to show parks, recreational facilities and permanent opens spaces (whether public or private) to be guided for residential, commercial or industrial land uses. The exception to that tendency is where the property truly is envisioned to change from that recreational use to a non - recreational use. Stillwater's solution to the situation is that the 2030 Comp Plan: 1) guides the current park, rec and open space properties to remain as this type of use in the Future Land Use Plan Map; and 2) calls for the City to create a new zoning district, the PROS, Park, Recreation, and Open Space Zoning District. The remaining 100 properties that are not related to the PROS rezoning are largely clustered in four areas. 1. Cottages of Stillwater. All of these properties are zoned single family and used for multiple family. They are proposed to be rezoned to multiple family to reflect their actual use. 2. Curve Crest & Greeley Area. The area at the intersection of Curve Crest and Greeley Street is in transition and as a result exhibits a mix of uses, some of which create land use conflicts. A variety of zoning classifications are being proposed to recognize the direction of the changes. 3. Third Street between Myrtle and Mulberry. The east side of 3` St. between Myrtle and Mulberry was dominated at one time by church uses and church owned property. The use profile of the block has evolved away from an institutional one. The church on the corner of Mulberry was condominiumized, Tom Huninghake restored the residence at mid - block, Trinity Lutheran Church demolished the duplex on the corner of Myrtle and has had a commercial office building approved to replace it. In addition, the City completed its parking ramp with a bridged connection to 3` Street. Therefore, rezonings are proposed to recognize the changes on this block. Comp Plan Rezoning Project January 26, 2011 Page 3 4. Former Railroad Property. All of the property that formerly served as the downtown rail yard is zoned RR, Railroad. It is proposed to be rezoned to CBD, Central Business District or PROS, Park, Recreation, and Open Space. MORE INFORMATION Details for all of the properties involved will be available staring February 2n on the City's website. Simply make your way to the Community Development Department's web page. In the left sidebar you will find a link to the Comprehensive Plan Rezoning Project. The schedule for all hearings as well as a lot of related information and maps will also be available on the website. Property owners who are affected will be mailed notices of the upcoming neighborhood meetings and hearings. Their first notice will arrive sometime between February 18 and March 4th SCHEDULE Date Time Location Meeting /Task Feb 1 4:30 PM City Council Chambers Staff briefs Council on project and upcoming neighborhood meetings Feb 18 to NA Mail individual notices for upcoming neighborhood Mar 4 _ meetings March 8 7:00 PM TBA Neighborhood meeting March 10 7:00 PM TBA Neighborhood meeting March 22 7:00 PM TBA Neighborhood meeting Apr 11 7:00 PM City Council Chambers Planning Commission public hearing Apr 20 7:00 PM City Council Chambers Joint Planning Board hearing May 3 7:00 PM City Council Chambers City Council public hearing & 1 st reading of ordinances May 17 7:00 PM City Council Chambers City Council 2 "d reading of ordinances (no hearing) Attachments: Future Land Use Plan Map Table 1.8 bt u) a ,— m V R m S v_. d V o t v 'o n w �-�° > n a+ - - - - v v — - - E o u m N O. p ° c c rt N N m m ° V O p n -+—I+ v , • cR NI H- o N v d x o � a E E a N m v O C) a •- • .N, _ E rr ¢ -T,,: � � m � c E ° m' c a — E K • C R LL ry > i O t L O, W x > T d `ter R 0 7 a m m o v c v ?—° a`, ("32.2 m v U a �� N C p a 0 r ii .2 > �? ti 0 x • a' 0 o • '� = a co q o� a m ¢ c 0 i 1 x U u 0 a ° m d d d 0 o a ' c a v v v> V v m m m m U a a 0 N __ -® - III 011 -__ N � o r ■ � 04, j -T -T-t ,.1.- 0 _ 0 0 I • 1 -_ , .• 0 III , i �`s,� /� ._ I,I -- ;r G 0� ' I li . la U i. -w - co �, :, li I,. , ,,:: <, e . _ , 1 , ; -,/, c9.-- . I L (-\:. ?, ,,- ; ry , ,J j __ • ■ 'fl ,,, .0 <„ ) ,-,.... --' Ilk ' 'n __ f\ O� J >' , L. 7 \---- q , Q 1 1 lit I ' � , aq 0 .; o `-7,,,?.) I i Table 1.8 Zoning District Consistency Future Land Use Categories Corresponding Zoning Districts' SRR, Semi -Rural Residential AP, Agricultural Preservation 0.lunits /ac < 0.4 units /acre RA, One Family 4.4 units /ac LDR, Low Density Residential TR, Traditional Residential 4.4 units /ac 1- 4.4 units /acre LR, Lakeshore Residential 2.2 units /ac CR, Cove Traditional Res. 3.1 units /ac LMDR, Low - Medium Density Residential CCR, Cove Cottage Res. 4.4 -6.2 units /ac 4.4 - 9.7 units /acre RB, Two Family 5.9 -8.7 units /acre CR, Cottage Residential 7.3 -9.7 units /ac MDR, Medium Density Residential TH, Townhouse 8.7 units /ac 6 -14.5 units /acre CTHR, Cove Townhouse Res. 14.5 units /ac RCL, Low Density Multi- Family 6.2 units /acre HDR, High Density Residential RCM, Medium Density Multi- Family 15.6 units /ac 12+ units /acre -no max. RCH, High Density Multi- Family 29.0 units /ac NC, Neighborhood Commercial VC, Village Commercial, CA, General Commercial CBD, Central Business District COM, Commercial BP -C, Business Park Commercial BP -O, Business Park Office DMU, Downtown Mixed Use CBD, Central Business District BP -I, Business Park Industrial BPI, Business Park/ Industrial IB, General Heavy Industry CRD, Campus Research & Dev. RDP, Research & Development Park CRD, Campus Research & Dev. INST, Institutional PA, Public Administrative Offices PWF, Public Works Facility LR, Lakeshore Residential CTR, Cove Traditional Residential RA, Single Family Residential TR, Traditional Residential CCR, Cove Cottage Residential PROS, Park, Recreation or Open Space Two Family Residential CR, Cottage Residential TH, Townhouse, Cove Townhouse RCL, Low Density MF RCM, Medium Density MF RCH, High Density MF PROS, Park, Recreation or Open Space WA, Water Water RAIL, Railway Railroad ROW, Right -of -Way Right -of -Way 1 Densities represent the maximum permitted in district. Corresponding zoning district means that the future land use might be appropriate in the district if compatible with surrounding properties. wr THE BIRTHPiAtE OF M <NNESO' A .,. Memo Community Development Department To: City Council From: Michel Pogge, City Plannergxr Date: Friday, January 28, 2011 Re: Downtown Stillwater Facade Program Message: One of the items from the Council's retreat last year was desire to setup a grant /loan program with TIF funds to encourage private investment. One of the ways cities are using TIF is by encouraging appropriate facade renovations within historic districts. Talking with City Attorney Magnuson; our financial advisor, Springsted; discussing the concept with various local architects, business owners, and property owners; and finally looking at various programs in the state, City Staff has developed the attached proposal. First, any part of the program can be modified at the Council discretion. The following are key highlights of the attached proposed program: 1. All commercial structures at least 50 years or older and located in the Downtown Stillwater Design Review Area are eligible. The attached map shows the boundary of the Downtown Stillwater Design District (in orange). 2. The program would grant soft costs up to $2,500 for a concept plan and $7,500 for construction plans. The concept plan would be used by the HPC and the constriction plans would be needed for a building permit. Many times the cost of hiring an architects and other designers are hard to justify to banks and other lenders even though they are critical for the development of appropriate plans for a historic building. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us 3. The City would provide up to $75,000 for any one facade renovation project. Staff proposes that 20% of the amount be an outright grant while the remaining 80% be in the form of a loan. The loan interest rate is fixed at 3.25% (current prime rate). The loan will be applied as a special assessment on the property and would be repaid as part of your annual property tax payments over a 15 year period. a. A substantial rehabilitation completed on an eligible historic building would also be eligible for a 20% Federal Tax Credit and a 20% State Tax Credit. This incentive equals up to 40% of •a project's overall cost. 4. Per state rules, for properties in TIF District #1 (shown in red on the attached map) a contract would need to be entered into and construction on the project would need to start by December 31, 2011. For other properties, the deadline to enter into a contract and start constriction on the project is June 30, 2011. At attached Downtown Stillwater Facade Program Fact Sheet outline's the program's specifics. If this is a program the Council would like to pursue, staff will develop TIF spending plan, applications, specific rules, and program materials for approval at you February 18th meeting. The TIF spending plan would be subject to a public hearing on February 18th. Recommendation Review and direct staff on how to proceed. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us Fact Sheet: Downtown Stillwater Facade Program Purpose: The Downtown Stillwater Facade Improvement program is designed to benefit the general public primarily by preserving the City's cultural, social, economic and architectural history as well as maintain and enhance the vibrancy of the City's downtown area. Eligible Applicants: Owners of eligible structures may apply. All commercial structures at least 50 years or older and located in the Downtown Stillwater Design Review Area are eligible. Eligible Improvements: Eligible improvements (subject to City approval) must be visible from the public realm, and include, but need not be limited to: • replacement of missing decorative features • rehabilitation or replacement of historic rooflines include corbels of stone and brick, parapets of stone, brick, metal, or wood, and a variety of other decorative features. • rehabilitation or replacement of doors and windows • removal of non - historic materials or additions • historic awnings • approved exterior lighting • historic preservation- related maintenance which requires specialized care or expertise, including tuck - pointing and cleaning • design and engineering fees related to the proposed improvements All proposed facade improvements will be reviewed by the Stillwater Heritage Preservation Commission and must meet the Secretary of Interior Standards for Rehabilitation of Historic Buildings. Selection Process: A written application form provided by the City must be submitted along with plans, specifications, and cost estimates. Each project will be reviewed on a case -by -case basis, and approved by the City Council before construction or installation of the proposed facade improvements. Applications will be available on XXXXXXX. Building owners are encouraged to apply as soon as possible as funds are limited. Total Funding Available: $500,000 Maximum Funding per property: • $10,000 grant for plan development • $75,000 of funding (20% in the form of a grant and 80% in the form of a loan) for actual fagade improvements Program Specifics: 1. Provides grants that covers plan development for a project. If project is not ultimately completed then the grant converts to a loan. The loan- is required to be repaid over 10 years with an interest rate is fixed at 3.25 %. a. A grant up to $2,500 to develop a concept plan. b. A grant up to $7,500 to develop construction plans for a project. 2. Provides a 15 -year loan that covers remaining project cost for an actual facade improvement project. The loan interest rate is fixed at 3.25 %. The loan will be applied as a special assessment on the project and is repaid as part of your annual property tax payments. #- Ir t 1 T j I- 1 -- — Tax Increment —r_ I i Financing (TIF) y - + i ' L _ , 1 Districts • ! and 1 Downtown _ - Design Review I District I nw � T 3� `- 200 0.200 400 Feet _ _ ,,., ' < V- al - -- _ , r`� ;.' i : t^ 1. j 2030 City Limit ,'�i o Right-of-Way W \ .; , A I Open Water T A ' < Downtown Design District 9, I TIF Districts �tf \ i TIF #1 (County #9) �� '1 \� i TIF #4 (County #17) \ \\ TIF #e (County #43) - - \ Z V i \ v um TIF #8 (County #65) • 1 \\ No TIF #9 (County #70) �� S - - - • \ TIF #10 (County #71) \ l A _ �� .. � • • F f \ A \---::A , 1. : ,� .'c--:::: Il ' , - - \ - � , \ ' \ \ 1i — �: 131 lc 1 - MI ! \\ min /�� y. - — / 4 1 L I1 i �i Flj r - - , W _ ■ 7T r - I C�" TA __ — -1 1, _ - ■ r - 1 i G- 1 I F r - . E __._,4 w 4 October 1, 2008 V ate THE IIOTNPLACE Of ■INNEEOTE CITY COUNCIL MINUTES January 18, 2011 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present:City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Councilmember Cook asked that the minutes for the resolution relating to beautification funds (page 4) be amended to reflect that she meant that the resolution is a first attempt to create a fund where residents and other people can contribute to the beautification fund through the City. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the January 4, 2011, regular meeting minutes, with that change. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Council Service Award — Eckberg, Lammers, Briggs, Wolff & Vierling Law Firm Mayor Harycki presented a Council Service Award to the Eckberg, Lammers, Briggs, Wolff & Vierling Law Firm for their support of troops through the Washington County Beyond the Yellow Ribbon Network and their sponsorship of several special events for the Red Bulls and National Guard. Two representatives of the firm were present to accept the award; they acknowledged the work of Councilmember Polehna in founding the Yellow Ribbon Network in this area. City Council Meeting January 18, 2011 Certificate of Appreciation — Gary Fullerton — Retirement — 35 years of service Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2011 -11, certificate of appreciation commending Gary Fullerton for his more than 35 years of service to the City. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Certificate of Appreciation — Dave Roettger — Retirement — 29+ years of service Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2011 -12, certificate of appreciation commending Dave Roettger for his 29+ years of service to the City. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki and Chief Gannaway presented the certificate of appreciation and plaque to Sgt. Roettger. Mayor Harycki read Mr. Fullerton's certificate of appreciation into the record and wished him well in his retirement. OPEN FORUM Brent Peterson, executive director of the Washington County Historical Society, invited the Council and residents to attend the Society's ice cream social scheduled for January 22. Randy Rolston, 518 Maple St., asked that the City look into making Teddy Bear Pak a "non- smoking" area, due to the topography which traps the smoke. Councilmember Polehna stated that he thought there was an ordinance which prohibits adults from using tobacco where children are present. It was agreed to have staff check into that and /or refer the issue to the Parks Commission. STAFF REPORTS Fire Chief Glaser referred to his memo regarding potential cost recovery for the fire department. He stated that he had looked at other departments around the metro area and throughout the state and found that many departments put together actual fee schedules for use of equipment, hourly wages, and some training activities the department provides in the event the opportunity arises for billing back some of the costs. He noted that most of the department's mutual aid agreements are 12 -hour agreements where the City "donates" mutual aid for up to 12 hours; if an event lasts for more than 12 hours, the department could start billing an hourly rate for use of equipment. He also noted there are state statutes for hazardous waste -type incidents and wildfire incidents which allow a department to bill the responsible party for any Page 2 of 12 City Council Meeting January 18, 2011 resources used. He asked the Council if he should pursue putting together a fee schedule for such incidents. Councilmember Cook stated that she liked the idea of having something formalized and in place for events that require the department to go above and beyond. Chief Glaser • pointed out this could be used for disaster recovery as well, noting that FEMA generally will recognize a fee schedule that has been in place and approved by the governing body. Councilmember Roush asked whether it might not make sense to include police and public works for FEMA reimbursement; Councilmember Polehna agreed that there should be a fee schedule for all departments. Mayor Harycki expressed concern about billing for training services such as training in the use of fire extinguishers, suggesting that service is somewhat of a community outreach. Chief Glaser pointed out that requests for training often come from outside the department's response area. Mayor Harycki suggested taking the broader approach, including police and public works, in developing a fee schedule. Chief Glaser stated that he would put together more detailed information for a future meeting. Community Development Director Turnblad highlighted some of the information in his department's annual report. He pointed out that both the building division and planning division are directly impacted by the economy, noting that the City is at an all -time low in the issuance of commercial building permits, with residential permits appearing to have stabilized over the last two years. He stated that residential permits include both new construction and remodels /additions, and spoke of the workload of building inspections per person; he stated that the average workload per inspector is 1,400 a year or about 5+ per day. He reviewed the number of new planning cases and the types of cases. He also briefly addressed some of the new activities the department has taken on, such as economic development, work on task forces, and ordinance development. On a question by Mayor Harycki, Mr. Turnblad reviewed how permits are tracked, and he explained that staff does a sit -down with the contractor /homeowner to walk through expectations and how to fulfill those expectations. Public Works Director Sanders stated that staff has been working on the feasibility study for the 2011 street improvement project. He stated that Amundson Lane was identified in the Comprehensive Plan as having a trail or sidewalk; however, according to a survey of residents, of 54 responses only one was in favor of a trail or sidewalk. Mayor Harycki stated that he would be in favor of acknowledging the feedback and dropping pursuing sidewalk/trail. Councilmember Roush stated that in the neighborhood meeting, the sentiment was overwhelmingly against a sidewalk or trail; however, he stated that the neighborhood was very open to the idea of rain gardens. Page 3 of 12 City Council Meeting January 18, 2011 Motion by Councilmember Roush, seconded by Councilmember Cook to not include a trail or sidewalk for Amundson in the 2011 street improvement project. Motion passed 4 -1 ( Polehna). . Regarding Wilkins Street, Mr. Sanders stated that the Comprehensive Plan also shows sidewalk improvements. He stated that currently there are sidewalks on both sides of the street for about 3/ of the project area, with no sidewalks toward the western portion of the area. He stated that a survey of residents was not as overwhelming as the Amundson survey, with 7 favoring a sidewalk and about 20 opposed. He noted that this segment is viewed as being a little more important since there is a sidewalk and it could be a link to Owens Street and eventually to the Zephyr trail in the future. Councilmember Cook stated that she would like to hold off on any formal action until after the public hearing. Mr. Sanders told the Council that the City has been informed by the Metropolitan Council that is has received a $106,000 for the downtown sewer lining project to eliminate the inflow /infiltration going into the trunk sanitary sewer line. He also informed the Council that the Brown's Creek Watershed District and Middle St. Croix Water Management Organization would like to schedule a joint board meeting for the March 1, at the 4:30 p.m. meeting. Mayor Harycki acknowledged the attendance of members of Scout Troop 114. Mayor Harycki suggested putting together a notification system in the event the City needs volunteers to assist in possible flood fighting efforts this spring. MIS Specialist Holman stated that staff has already started to build a Facebook page, which could be utilized for such events. Finance Director Harrison informed the Council that the City has, for the 20 consecutive year, received the GFOA award for excellence in financial reporting. She thanked the council and staff, especially the staff of the finance department, for continued support and assistance in making the award possible. CONSENT AGENDA Resolution 2011 -10, directing payment of bills Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Consent Agenda as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings Page 4 of 12 City Council Meeting January 18, 2011 UNFINISHED BUSINESS Discussion on lobbyist efforts Moved to end of meeting. NEW BUSINESS Possible purchase of computers MIS Specialist Holman referred to her memo in the agenda packet regarding the requested purchase, which notes that since February 2008, only six computers have been purchased. She stated that there are a lot of problems with existing computers, with no resources /spare part to repair malfunctioning computers. She stated that when she reallocated money from 2010 to 2011, she made a provision for the purchase of 12 computers; she talked about the reallocation of computers when new are purchased. She stated that she thought it would be most beneficial to purchase the 12 computers at this time, but stated that she could go with six new and request the additional purchase at a later time. Councilmember Menikheim suggested negotiating with the provider to see if there might not be a better price if 12 are purchase at one time. Ms. Holman stated that the City purchases its computers through the government contract but stated that she could check into the possible price reduction. Councilmember Roush pointed out that the government contract price generally is set in stone. City Administrator Hansen noted that his recommendation to approve the purchase of six was due to the uncertainty of what the Legislature might do to cities. There was discussion of the condition of a number of computers. Motion by Councilmember Roush, seconded by Councilmember Cook to approve the purchase of the six computers as recommended by Ms. Holman and City Administrator Hansen. All in favor. Possible approval of first reading of Ordinance 1026, amending Chapter 41, Licenses, Permits and Prohibitions, Sec. 41 -4, Peddlers and Solicitors City Attorney Magnuson noted that several years ago, the City took action to not require that peddlers be licensed, only that they be registered. He stated that both the Police Chief and Clerk have requested that the Council consider amending the ordinance to again require the licensing of peddlers. He stated that the Clerk has reviewed ordinances for a number of cities and extracted the provisions that sets up the licensing procedure, requiring identification background checks and investigations; he stated that those changes have been inserted into the existing ordinance. Page 5 of 12 City Council Meeting January 18, 2011 Mayor Harycki noted that there is an exemption for youth groups, school groups and other charitable organizations; he asked about temporary sales at hotels and whether those are included. City Attorney Magnuson stated that this regulates the door -to -door peddler, and he stated there is nothing in the proposed ordinance that would go against interstate commerce regulations. City Administrator Hansen pointed out there is a possibility this will create more additional administrative work, but stated that if it does, staff can come back with that issue; he stated that he particularly liked the provision regarding emergency revocation of the licenses. Mayor Harycki suggesting adding hotel rooms to the section related to transient merchants; Mr. Magnuson stated that he would look into that. Chief Gannaway spoke in favor of the proposed ordinance change, noting that the City receives numerous complaints regarding this activity during the warmer months. Councilmember Roush suggested this is a service the residents will appreciate. Councilmember Polehna suggested that residents be notified that there is now a requirement that peddlers be licensed. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the, the first reading of the ordinance and directing City Attorney Magnuson to add the proposed additions as discussed. Councilmember Menikheim questioned whether the fee covers the cost of the background investigation; Chief Gannaway responded in the affirmative. Councilmember Menikheim questioned whether candidates for office are included and should be exempt; it was noted there is state statute that covers political campaigning. It was agreed that the language include an exemption for candidates for office. Councilmember Roush amended his motion to include that change; Councilmember Polehna agreed to amend the second. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible awarding contract to Metropolitan Mechanical Contractors Inc. City Administrator Hansen stated that he had been disappointed with the service provided by the current contractor and had given notice to that firm as required by the contract. Five quotes were received and Metropolitan Mechanical Contractors provided the low quote of $8,488.. He stated that Metropolitan Mechanical Contractors is a major player in the area and can certainly do the required work and recommended award of the contract to that firm. He stated that dependent upon the service all those submitting quotes have an automatic renewal provision subject to a 30 -day cancellation notice. Page 6 of 12 City Council Meeting January 18, 2011 Mr. Hansen did refer to one potential issue regarding the "brain box" as outlined in his memo to the Council. Councilmember Cook asked if this contractor could be asked to look at the problem with the air conditioner; Mr. Hansen stated that could certainly be done. Motion by Councilmember Polehna, seconded by Councilmember Cook to adopt Resolution 2011 -13, accepting quotes and awarding contract for HVAC maintenance for city hall, fire department and public works Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution for Fees for Services /Publications /Administrative Citations — 2011 Clerk Ward reviewed the changes to the fees, noting there is an increase in the sanitary sewer and water hookup changes and a new fee, as permitted by law, for lead certification / verification. She also stated that the Parks Commission increased some fees, which this schedule reflects. She pointed out that some of the previous administrative citations are no longer allowed and have been eliminated. Councilmember Roush suggested that the wording of fees for audio and video tapes be updated to indicate the fee is for copies or CD /DVD, rather than tapes. Councilmember Cook referred to item 3 of the alcohol violations, noting that the presentation by the Chemical Health Collaborative pointed out that Stillwater's fines are the lowest of any jurisdiction, with one of the largest number of vendors; she suggested that the fine be raised to be comparable with other jurisdictions, $500 for the first offense. Councilmember Cook stated that increasing the fines would send a message regarding a serious issue. Mayor Harycki and Councilmember Polehna suggested raising the fees for 2 and 3rd offenses as well, to $750 for the second offense and $1,000 for the third. Mayor Harycki suggested increasing the fines for item 4 to the same levels; on a question by Councilmember Polehna, Police Chief Gannaway stated that sales to obviously intoxicated persons is a problem periodically. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2011 -14, approval of resolution for Fees for Services /Publications/ Administrative Citations — 2011, with the language change suggested by Councilmember Roush and changing the fines for items 3 and 4 of the alcohol violations to $500 for the 1 offence, $750 for the 2 and $1,000 for the 3rd Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 12 City Council Meeting January 18, 2011 Possible appointment of alternate member to Middle St. Croix Watershed District Board Councilmember Cook volunteered to serve as the alternate. Motion by Mayor Harycki, seconded by Councilmember Menikheim, moved to appoint Councilmember Cook as the alternate to the Middle St. Croix Watershed Board. All in favor. Discussion on St. Croix Packet contract of Stillwater Barge Property City Attorney Magnuson informed the Council that the current lease expires July 21, 2011. A copy of the lease agreement was included in the agenda packet. Councilmember Roush stated that he had asked that the contract be addressed as the dynamics of the lease have changed, specifically the rent in -kind as the Cayuga and Frank E are no longer on the property. City Attorney Magnuson noted the Frank E is still located at the site. Councilmember Cook suggested that the City never would have entered such an agreement if it hadn't been for the presence and problems posed by the Cayuga; she also suggested the rent is not close to the fair market value and questioned why the lease would be renewed and the land not be put to public use. It was noted the site is under consideration for a possible public boat launch. On a question by Councilmember Roush, City Attorney Magnuson stated that there is no automatic renewal clause for the lease agreement, but advised that if the lease if not going to be renewed, notice should be given to the tenant by June. Possible approval to hire temporary seasonal Community Service Officers Police Chief Gannaway reviewed the request for the hiring of temporary seasonal employees, two seasonal Community Service Officers (CSO), one seasonal parking enforcement officer and 4 -6 part-time parking attendants. He stated that the cost savings from Sgt. Roettger's pending retirement will be used to fund one of the CSO positions; the parking enforcement officer and parking attendants are funded through the Parking Enterprise Fund. Chief Gannaway also stated that the intent is to have additional officers on duty downtown during the summer months and the second CSO person will be able to assist with those duties. Councilmember Cook spoke in favor of providing additional traffic control direction, especially at the corner of Main and Chestnut streets; Chief Gannaway stated that the department would institute some type of traffic direction and would report back on that issue at a later meeting. Motion by Councilmember Cook, seconded by Councilmember Roush to approve the requested hiring's as presented. All in favor. Page 8 of 12 City Council Meeting January 18, 2011 Possible adoption of resolution committing site for National Guard Armory Mayor Harycki invited comments from the audience. Karen Garley, 13295 Boutwell Road, expressed concerns that if the proposed resolution passes, the neighborhood may experience a Toss of property values, properties that have been purchased and held in good faith based on a Comprehensive Plan which guides this land for residential development. She stated that there are also concerns that people's riparian rights would be violated or infringed upon. She urged the City to not act hastily in giving this property away to the state, saying the public has not even seen a conceptual sketch of what an armory would entail. She noted that the proposed armory site is in the Township Annexation Area, and the Joint Board has yet to take action on this, making the Council's possible action at this meeting premature. She spoke of the need for a public through street, and she questioned how the armory, parking spaces, fire station and buffer could fit on this site. She asked that the Council spend additional time to complete an investigation with public input in order to make an informed decision. Mayor Harycki pointed out that at this time, the City would not be giving the land to the state; that doesn't happen until about the 30% design phase, he stated that. Mayor Harycki also pointed out there will be about a year and a half of public input on this. Richard Schultz, 13055 Boutwell Road, stated that he lives on the western boundary of the site in question and has been through a number of development proposals in the past. He stated that he had just heard of the armory proposal. He referred to Washington County's previous position regarding traffic crossing County Road 12 at Maryknoll and Northland. He also referred to the Comprehensive Plan which designates the property area as low density /high density housing. He expressed concern about runoff /pollution for a potential parking lot for 600 spaces; land values in the area; sight lines and traffic; noise factor of Guard activities. He also expressed concern about whether this would be a secure site; whether activities would be held once a month or every weekend; the potential appearance of the building(s). He also questioned the eventual cost to the City. Mayor Harycki reiterated that the City is entering a year and a half public design process, noting that most of the questions being asked are many months away from being answered. Mayor Harycki closed the public comment period. Mayor Harycki pointed out the resolution before the Council only formalizes the "intent" to convey property for a joint facility to accommodate a National Guard Armory and community uses. Councilmember Cook asked about the added costs for the roads and whether the City will bond for this. City Administrator Hansen stated that the land was paid for with reserve funds, with the intention to sell a bond issue sometime this year, noting that the budget includes $85,000 for estimated debt service. Mr. Hansen stated that he believes Page 9 of 12 City Council Meeting January 18, 2011 the entrance to the site off Myrtle (County Road 12) will be City costs, an estimated $250,000. Mr. Hansen stated that the entrance off Boutwell would be paid by the Guard. On a question by Councilmember Cook, Mr. Hansen stated that a best estimate of City costs, including land purchase and roads, is the $1.1 million. Councilmember Cook suggested the level of frustration being expressed by residents is due to the lack of public input to date. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2011- 15, declaring intent to convey city property to the Minnesota State Armory Building Commission for a joint facility to accommodate a National Guard Armory and community uses. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Possible approval for replacement laptop in squad car Chief Gannaway reviewed the request and problems experienced with the current computer system. He stated that the request is to try one Panasonic Toughbook to determine if that is a good option for solving the problems. MMIS Specialist Holman also spoke to difficulties with the current system. Mayor Harycki spoke of his concern regarding idling squad cars and stated that he had researched a system that would eliminate the need for constant idling; he stated that the system costs about $600 and suggested the savings in gasoline would pay for the system in one year. Mayor Harycki stated that he would pass the information along to Chief Gannaway. On a question by Councilmember Cook, Ms. Holman stated that quite a few other departments are using the Toughbooks. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the purchase of the Panasonic Toughbook laptop with the docking /locking mechanism. All in favor. Possible approval to hire a replacement of full -time Community Service Officer Chief Gannaway stated that he had just been informed today that the full -time Community Service Officer is retiring in February after 24+ years of service. He described some of her duties, including animal control and responsibility for the property room, fleet maintenance, as well as staffing the public contact window as much as possible. He noted there will be some cost savings in the salary of the replacement person. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the hiring of the replacement full -time Community Service Office. All in favor. Page 10 of 12 City Council Meeting January 18, 2011 Discussion on lobbyist efforts Mayor Harycki noted that in a previous meeting, the Council's list of priorities for lobbying efforts had been narrowed down to closure of the lift bridge and issues related to the new river crossing, Zephyr trail, consolidation of watershed rules, armory project, Metropolitan Council issues related to unfunded mandates, alternative funding for streets, market value- homestead credit issues, funding for safe passage to schools. Mayor Harycki suggested that the Council pick two or three high value items to concentrate efforts on, saying he thought closure of the lift bridge and related issues should be pursued. Councilmember Polehna stated that he thought the Zephyr trail was a big issue. Regarding consolidation of watershed rules, Mayor Harycki spoke to the cost to the City involved in dealing with multiple watersheds; Councilmember Polehna suggested discussing this issue at the upcoming joint meeting with Brown's Creek and the Middle St. Croix watersheds. Regarding Metropolitan Council issues, Councilmember Cook stated that it might be premature given new leadership at that agency. Mayor Harycki stated that he thought the Bridge Coalition will take care of the lobbying efforts for a new river crossing and perhaps the City's efforts should be focused on closure of the Lift Bridge and related issues of traffic and repairs of roads, as well as continued pressure for completion of the Zephyr trail. Councilmember Menikheim stated that he thought it was imperative from a safety standpoint that the lift bridge be closed. Motion by Mayor Harycki, seconded by Councilmember Polehna to set the lobbying effort priorities as pursuing legislation for the closure of the lift bridge and related traffic issues in City neighborhoods and continuing to pursue /support the Zephyr trail purchase. Councilmember Polehna seconded the motion. All in favor. COUNCIL REQUEST ITEMS Beyond the Yellow Ribbon Update Councilmember Polehna stated that a joint meeting would be held with the City of Lake Elmo to discuss an upcoming event and to discuss Post Traumatic Syndrome and its treatment among returning troop members. Councilmember Menikheim stated that while he voted in support of t he resolution related to the armory, he stated that he also supported Councilmember Cook's observation regarding public input. Mayor Harycki spoke of the number of previous meetings that have been held and again noted that many of the residents' questions can't be answered because the project is so early on and not into specific designs. Page 11 of 12 City Council Meeting January 18, 2011 Councilmember Menikheim spoke of the process School District 834 is using regarding its proposal for a new Early Childhood Family Education Center; he also suggested that the Army needs to be involved in the public process. Councilmember Polehna noted there are many members of the community in support of the project for its community facilities, and he stated that the National Guard is looking at forming a committee, including local residents, to look at issues. Mayor Harycki noted there is a timeline for public hearings /meetings. Community Development Director Turnblad pointed out that all the City has done to date is purchase the right to start planning; over the next 14 months, and that there is a very formalized public process. Councilmember Cook asked if the project would still move forward if people rallied against the project; Mr. Turnblad stated that the Council and Joint Board have the option to say this project would not be appropriate in that neighborhood. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to adjourn at 9:36 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -10, directing payment of bills Resolution 2011 -11, certificate of appreciation to Gary Fullerton Resolution 2011 -12, certificate of appreciation to Dave Roettger Resolution 2011 -13, accepting quotes and awarding contract for HVAC maintenance for city hall, fire department and public works Resolution 2011 -14, approval of resolution for Fees for Services /Publications /Administrative Citations — 2011 Resolution 2011 -15, declaring intent to convey city property to the Minnesota State Armory Building Commission for a joint facility to accommodate a National Guard Armory and community uses Page 12 of 12 et 4 e,„ 0 Stawaten, uUtinnesota ,„ Cotitieate o f QAppneeiation omitted to RESOLUTION 2011 -17 CYNTHIA JACOBSON 14 -fERE As, cy.isr J..kCOBSON, WILL RETIRE J'R0.M CIT J EMPLOy3t4E.N ; EFFECTIVE FEBR'LL4R1J. 25, 2011. NOW THEREFORE, BE IT RESOLVED, B THE CITY COUNCIL OF THE CI7"i OF STILLWATER, MINNESOTA, FoR HER DEDICATED SERVICE TO T3-LE CI7"\ oy STILLWATER, cyarrga.a JACOBSON' IS 3CEREB1/ COMMENDED FOR SERVING T3-fE CI7V FATT.I(J'ULLy, EFFICIENTL1J. AND COURTEOUSLY FOR OVER 24 yTJ4RS. THE COUNCIL REGRETS THAT S3-fE IS RETIRING FRO. M CI7 E3►1PLOylvIENI' BUT EXTENDS TO 3-fER THEIR. APPRECIATION FOR 3-ER DEDICATED SERVICE. BE IT J'URT3 -ER RESOLVED, THAT - THE CI7"J CLER3C IS HEREB AUT3 [ORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION OFFICIAL RECORD OF THE COUNCIL AND TO DELIVER A CERITFIED COPY THEREOJ' TO Cy3V7HIA JACOBSON. ADOPTED By. THE crTy COUNCIL 7 isT DAl/ oy FEBRUARY \ Ad! 6 • hvater EVENTS PERMIT APPLICATION 216 North 4 Street, Stillwater, MN 55082 1N E S I R T N P L A C E O F M I N N E S O T A Telephone: 651 -430 -8800 Fax: 651 -430 -8809 Incomplete applications or applications received after deadline will not be office Use only accepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: Gv�. ZS , 2.01. Application Complete No El Yes El Event Information Title /Name of Event �1a Ce.. U ot,\4\2.- \ C-R.■ Event Date/Time: Set up: Date \ut. L \ Time " I' to tb Actual Event: Date ,vim Y\ Time V6. 45 to IA- Clean up: Date \•(-)1 \ 4' 1 Time '0% to' 4.Z (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) . Q_C__. L G '1- 'c+o9cS l ,\ Estimated Attendance (participants and spectators): S Applicant Information (Person /Group Responsible) Sponsoring Organization Name: t , NFL z 0\, a- �� Fe.SV;vc,,\.s 1 Mailing Address: SOC 0\-:1 \IL. City, State, Zip Code: 5v, \\ vs Primary Contact /Applicant Name: S - ike6 Phone Number: L,5\ -y 3$3... 5\$\ Fax: -- Cell Phone: -- Email Address: ' SAn\cf p , cAsA , CAYN Website Address: Name of contact person during event: S \o� Cell Phone: (t SIM Alternate contact during event: \ CeII Phone: Refer media or citizens inquires to: Phone: �5 t " 14i - Skg) Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs /banners be put up No 121 Yes ❑ Number and size: Will there be any inflatables? No t Yes ❑ Insurance certificate from rental vendor is required Will there be entertainment? No ❑ Yes ❑ What type: Will sound amplification be used? No ❑ Yes 1E1' Hours and Type: (;pSb Will a stage or tent(s) be set up? No ❑ Yes f Dimensions: Will there be temporary fencing? No ❑ Yes IV' Will merchandise /food items be sold? No ❑ Yes f' How many vendors expected: 2 - 3 Will food be prepared on site? No ❑ Yes 'p Contact Washington County Health Department, 651- 430 -6655 Will cooking operations be conducted? No ❑ Yes ❑ Contact Stillwater Fire Department, 351 -4950 Will alcohol be served but not sold? No a Yes ❑ See Alcohol Regulations in the Instructions Will alcohol be sold? No h Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No g Yes ❑ Permit required, contact Stillwater Fire Department, 651- 351 -4950 Describe power needs and location of power source. Cie, t s a-t. scab. Sy s ( k. ?fir se.6,0 P. C..Sto Pe-A \c4 - - tub\: L k •N` lA} Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available kk -f-AM. 'e', o� O t-e-ss - � cis � Mt. News City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No ❑ Yes E' Start /End Time: U. /Nt Date: \p- City Sidewalks or Trails No ? Yes ❑ Start/End Time: / Date: Public Parking Lots or Spaces No ❑ Yes ] Start/End Time: gO4... Date: J `I Will event need barricade(s)? No ❑ Yes)) Number needed: Will extra picnic tables be needed? No Yes ❑ Number needed: Will portable restrooms be needed? No ❑ Yes Number needed: L 4•vG? w, \\ Qrpv■'ili. Will extra trash receptacles be needed? No ❑ Yes p- Number needed: 15 NV� w, \\ ?ov:OC Describe trash removal and cleanup plan during and after event: Sr 4Seks -. a- c-ce•44- ce. Leif A., c, \ c 4LQ c.,a arM , . 1 15. , . .4 N ..J0. OSLv lr tS1 Ck CQ. L(... b,a . Will event need traffic control? No ❑ Yes tiiy Contact Stillwater Police Department for assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: Q v Q'o \ Will "No Parking Signs" be needed? No ❑ Yes Number needed :���,2 % ; \\ o?1,$1tion( Will event need security? No ' Yes ❑ If event is overnight, security will be required. If using private secuuity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes Contact Lakeview EMS, 651 - 430 -4621 N�� W , % Qt,.11 U_..t Describe plans to provide first aid, if needed: Z. `t_v'A1 s cr S I Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, l certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater a is a release of Liability. `J ss 25,1-0 Signature of Applicant or Authorize Agent Date 10th Annual Nature Valley Grand Prix Stillwater Criterium alikiliillat N ATUR E VALLEY Gli tA ND Part iff 1 2011 1 Racing Schedule June 19 2011 9:OOam - Beginning of Street Closures 10:OOam — Full Course Closure 10:45am — Amateur race 11:45pm - Women's elite race 12:45pm — Kids Race 1:30pm - Men's elite race 3:OOpm - Streets open * P°"® Sti llwater Criterium E Tape H Saw home - -• pea Denier A load dcsea shear Chestnut ---,---_.- 1* . 1 L -- I kli Olive _ ----- -� -� 1 _ ` ©ak I MI �� ,I ` � r-----1 - i Pine I i l �� _ t. 1_ 1 —� R I r _____ �. — © 1 t ne.n I I 1�y f � m l Walnu School itc & Chmth I I I I Ch tircto 1).................. /Y ari C I Eck 6j u 5th 4th 3rd 2nd 1st Nature Valley Grand Prix Stillwater Criterium Sunday, June 19 2011 Proposal for the City of Stillwater, Minnesota The Nature Valley Grand Prix is a five -day cycling event. The Festival includes activities ranging from professional bicycle racing to lots of options for kids and their families. This will be the Festival's 1 lth year and 10th year in Stillwater. The Grand Prix is part of the National Racing Calendar (NRC), USA Cycling's listing of the top professional races in the country. The event is the number one ranked national event in the United States for the last three years running. Professional / Elite Bicycle Races in Stillwater The Nature Valley Grand Prix concludes with a race in Stillwater and that is regarded as "the most difficult bicycle criterium in the United States!" For 2011, the Stillwater Criterium will be held much the same as before with some minor improvements to attract more spectators and racers and again will be the closing race to the weekend's events. The 2011 Stillwater Criterium will include just three divisions: pro /elite men, pro /elite women and advanced amateurs. In addition to the racing, a kids race that is two blocks long is planned as usual to bring the families out to enjoy the day and give the kids an added bonus for bringing their bikes. Schedule 9:OOam — Streets closure begins 10:00 - Streets closure begins around entire course 10:45 — Amateur race 11:45 - Women's elite race 12:45 — Kids Fun Race 1:30 - Men's elite race 3:00 — Racing Concludes - Streets begin to open Associated Activities The audience for the bike race is Minnesota and Wisconsin families. In addition to bicycle racing, the Festival organizers provide stunt riders, DJ music, an expo area with food vendors and kids' activities. Stillwater area groups are encouraged to add their own family activities to the Festival as the south neighborhood hosts a picnic in Triangle Park in conjunction with the race. Street /Road Closures A complete closure of the race course is needed to ensure safety for racers, spectators and residents. This circuit must be closed to traffic and free of obstructions (e.g. parked cars, dumpsters). Complete course closure will last from 10:OOam to 3:00 pm. Resident Notification A key to a successful event is to minimize inconveniences for the residents. Pre -Event • Late Winter / Early Spring - Letters, schedules and course maps will be sent to all affected residents and businesses. The letters will include contact information for people wishing to discuss their concerns with the organizer. • Two weeks advance — A reminder will be delivered to the residents and businesses affected by impending street closures. • Day Prior to event — Street closure signs will be posted per Police Department guidelines. • Other - Press releases and maps will be sent to the Stillwater Gazette (among other media outlets). Posters and brochures will be distributed throughout the community. Event Day • Pedestrian crossings - Pedestrians can cross the course at many locations. • Detours — will be designated per Stillwater and Washington County guidelines. • Maps - Course marshals will provide course maps and schedules to motorists who ask for information. • Vehicle crossings - vehicles can cross the course under police or race director supervision (driving on the course during a race is prohibited for safety reasons.) • Vehicles on the course - If it is essential that a vehicle use the course during the event, they can do so before, between or after the completion of the races. Route Security Route security will be provided by a combination of police and volunteers. Every intersection will be staffed and police will be stationed at key intersections. Many of the comer marshals will be equipped with radios. Four police officers will be on duty. One each will be stationed at Chestnut /2nd, Pine /3rd and 3rd /Chesnut. The fourth officer will "float ". Construction Schedule Event setup will begin Sunday morning at 7 am and will be completed by 10am. Road barricades needed to close the race circuit will be pre - placed on Friday or Saturday They will be pulled into place when needed (see above) and then pulled back when the roads open. Tear down will begin at 3:00 pm and should be completed by 4:00 pm. Most materials will be loaded into trucks immediately. Materials requiring pickup by vendors (e.g. road barricades) will be removed on Monday. Expo Area / Food Vendors In addition to the bicycle racing action, the Festival will have an expo area located in the parking lot located at the northwest corner of Olive and Second Street. The expo area is an addition that helps to attract more spectators by having bicycle industry and fitness related vendors, festival sponsors and food vendors. The expo should not affect parking as it is located inside the race course. The parking lot will be posted for no parking on race day. Typical setup of the expo area allows a vendor a 10'x10' space with pop -up tent. Food vendors will typically sell sandwiches, cold beverages, coffee and ice cream. Any cooking with open flames or any significant power source will be coordinated with the fire department for any safety concerns. Parking To minimize congestion in downtown Stillwater, we will use the event web site and printed materials to encourage racers, volunteers, officials, organizers and anyone who is traveling to Stillwater specifically for the race to park in lots that are either inside the course or are up the hill (e.g. Lots 12, 13 & 14, as designated on ilovestillwater.com). We will also encourage people to travel to the event by bicycle and will provide a secure bike corral for their convenience. Requested City Support: Police: 4 officers onsite - coordinated by Bill Lenz, our Security Director Medical Personnel: 2 EMT's onsite — coordinated by Heather Edwards, our Medical Director Street Support: patching /cleaning prior to race day — coordinated by Lee Stylos, Operations Insurance The Nature Valley Grand Prix is permitted under USA Cycling, the national governing body of the sport of bicycle racing. Insurance is provided by USA Cycling's carrier, American Specialty Insurance Services of Roanoake, IN. The policy includes $1 million in liability coverage per incident and $4 million in excess liability in addition to other coverage. The City of Stillwater, sponsors and other participating parties will be named as "other insured" and will be issued certificates of insurance. Benefiting Charity All proceeds made from the Nature Valley Grand Prix will be benefiting our charity, Children's Hospital Hospice. Organizing Body The bike race is organized by Minnesota Bicycle Festivals, Inc. MBF is a non -profit corporation that was established specifically to create and manage bicycle racing events. The MBF officers, Board of Directors and the managers of all of the component events donate their services to support the Festival and Children's Hospitals. Other MBF races have taken place in downtown St. Paul and Minneapolis, the Minnesota State Capitol, the University of Minnesota campus, Redwing, Winona, Virginia, Mankato, Cannon Falls and Plainview. 20118 NATURE VALLEY GRAND PRIX STILLWATER BICYCLE RACE THIS AGREEMENT (the "Agreement ") is made this -1" day of February 2011 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City "), and the MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation (the "Festival "). WHEREAS, in light of the foregoing, the Festival wishes and the City will permit the Festival to organize and conduct bicycle races in the City on June 20. 201019, 2011 (collectively, the "Races ") as part of the Nature Valley Grand Prix in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Festival agree as follows: 1. Authorization. The City will permit the Festival to organize and conduct the Races in the City on June 20, 201019,2011. 2. Race Set -up. The City will permit the Festival to set up for the Races on June 1 -018, 2011 and June 19?9, 2I9 2011. 3. The Races. The Races may consist of up to but no more than four bicycle races: a pro and /or elite amateur men's race, a pro and /or elite amateur women's race, an advanced amateurs' race, and a race for children. Substantial changes in the format and duration of the Races will not be made by the Festival at anytime without advanced notice to the City. 4. Course for the Races. The course for the Races (the "Course ") will begin at or near the intersection of Chestnut Street West and 2nd Street East in the City (all locations specified in this paragraph are in the City). Participants will travel south on 2nd Street South to Pine Street East, take Pine Street East to Broadway Street South, head south on Broadway Street South to Churchill Street East, they will turn west and continue on Churchill Street East to 1 Street South. Participants will then travel north on 1st Street South to Willard Street East, veer West on Willard Street East to 2 Street South, then go north on 2 Street South until they reach Pine Street East. Participants will head west on Pine Street East, then turn north on 3' Street South. They will go north on 3' Street South until Chestnut Street East, where they will turn east until they reach 2nd Street East. Minor changes in the location of the start and finish line of the Races on the Course will be determined in the Festival's sole discretion. However, substantial and significant changes may not be made without advanced notice to the City. 5. Parking Control. To ensure that Downtown businesses retain parking availability for their customers during the Races, the City will close the City parking lot located immediately west of 2nd Street South, north of Olive Street East and south of Chestnut Street East on J- 29June 19, 2010 for use by the Festival. The City will also post and enforce signs prohibiting parking on all streets that make up the Course between 8:00 am and 4:00 pm, or until the Course re- opens, on June 19, 20110. The Festival will promote parking inside the Course by Race participants, volunteers, officials, organizers and anyone traveling to Stillwater for the Races by including a parking map and parking information in its promotional literature for the Races. 2 6. Traffic Control. The Course, including all intersections on the Course, will be closed to traffic during the Races. Prior to the Races, the Festival will make its best efforts to ensure that the closure of the Course, including all intersections on the Course, poses the least disruption possible under the circumstances to residents who live on or within the Course perimeter. The Festival will also make every effort to minimize the involuntary towing of vehicles because of the Race. The Festival will negotiate a road closure plan with the City's Chief of Police. 7. Garbage and Rubbish Removal. The Festival will make every effort to remove the garbage and refuse generated by the Races, including that left by spectators, by 10:00 pm on June 20,204019, 2011. 8. Portable Toilets. The Festival will provide portable toilets for participants and spectators to use on June 20, 201019, 2011. All portable toilets will be removed by the close of business on Monday, June 27, 20110. In the event that all portable toilets are not removed before the close of business on Monday, June 27, 2010 2011 the Festival will reimburse the City for costs incurred in removing the portable toilets. 9. Emergency Plan. The Festival will prepare an emergency plan that it will share with the City's Police and Fire Departments. 10. Closing of the Course. The Festival may, as it deems necessary, place and leave materials used to close the Course (e.g., barricades, traffic cones) on the Course on June 18, 201017, 2011, June 19, 2010 18, 20H, and June 20, 201019, 2011. The Festival will re -open the Course to traffic as soon after the completion of the Races as it deems safe for participants and spectators. 3 11. Insurance, Hold Harmless, and Indemnity. The Festival agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and /or willful misconduct of the City or any of its agents or employees. Festival also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Festival that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." 12. Public Information. The Festival will make every reasonable effort to notify property owners and businesses that are on or within the perimeter of the Course of any restrictions that might be placed upon their movements during the Races, including, but not limited to, distributing notices to each such residence or business no later than two weeks before the race. 13. Police Power. The City reserves the right to shut down the Races in the event the Chief of Police determines that the public safety is threatened, or the health or safety of participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 14. City Costs. The Festival will reimburse the City in the amount of $1,000 for costs incurred by the City Police Department, Public Works Department, or Fire Department to safely conduct the Races. The Festival will deposit the sum with the City no later than one week before the Races. 4 15. Impact Fees. The Festival will pay to the Grcatcr Stillwater Chamber of • {30) days of the Race. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota Nonprofit Corporation By Andrew Dahl Print Name: ....._. -. -. . Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 1 JanuaryJanuar', 2011, by Andrew Dahl , the , the duly authorized agent for MINNESOTA BICYCLE FESTIVALS, INC., a Minnesota nonprofit corporation. Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk 5 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of January, 2011, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 6 AIMINE RESOLUTION 2011 -16 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 $663,313.01 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 1st.day of February, 2011. Ken Harycki, Mayor ATTEST: Diane F Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -16 1st Line Concession Supplies 335.75 Ancom Communication, Inc. 7 minitor V radios 3,919.08 Ancom Technical Center Freight to Return Repaired Pager 12.50 Applied Images Supplies 132.44 Aramark Uniform Services Mats, Towels, Uniforms 973.57 Atlas Dome Turf 17,764.15 BMI BMI License 309.00 Bornt Rich Eikon Digital Privacy Mgr Finger Print R 207.77 Bro -Tex Equipment Repair Supplies 74.99 Carquest Auto Parts Vehicle Repair Parts 635.14 CATCO Parts and Service Equipment Repair Supplies 934.67 Century Power Equipment Equipment Repair Supplies 178.48 Cole Papers Tissue paper, garbage bags 1,197.44 Corporate Mechanical Repair heating unit 838.56 Dell Marketing L.P. Hot Swap Drives for Server 885.44 DLT Solutions, Inc. AutoCad Renewal & AutoCad Civil 3D Renewal 1,800.33 Emergency Automotive Technologies, Inc. Vehicle Repair Supplies 90.22 Emergency Medical Products, In Heartstart Smart Pads II 163.36 Environmental Systems Research ArcView License Maintenance Renewal,Arc Pad Lic 2,948.67 Fastenal Company Nuts & Bolts - Misc. shop supplies 571.02 Goodin Co. Ventor Motor & Gaskets 1,080.72 Grainger Equipment Repair Supplies 71.67 GTS 46th Govenor's Homeland Security Conference 250.00 Harris Service Repair Dome Furnace 1,439.21 Helmer Printing Cinema Flyers 90.84 Hemp Charles C. Seminar 285.00 Heritage Printing, Inc. Business Cards Michael Polehna, D Menikh 97.20 Iceman Industries, Inc. Treatment of Salt 1,977.19 Ice Skating Institute Skate Membership, Cinema on Ice, Conference 198.00 IKON Office Solutions Maintenance Contract 139.90 JH Larson Water Softner & Fittings 3,193.29 Kirvida Fire Inc. Vehicle Repair 6107 264.33 Lake Country Door, LLC Install Loop Detector 415.00 Linner Electric Co. Inc Check Wiring on Compressor Lily Lake 104.00 LMC Insurance 1,000.00 Loffler Companies, Inc. Labor Charges to repair HP 8150 592.75 Mac Queen Equipment Inc. Repair Supplies 139.90 Menards Repair Supplies 441.10 Metro Fire Uniforms 133.80 Municipal Code Corp. Supp No 38 to City Code 1,325.79 VAPA Auto Parts Equipment Repair Supplies 62.37 Vardini Fire Equipment, Inc. Fire Extinguisher Cabinet, Fire Extinguishers 276.95 Vatural Resource Group Stillwater Levy Stage 3 410.00 Velson Marine Motor Service, Inc. Boat Maintenance 53.90 EXHIBIT "A" TO RESOLUTION #2011 -16 Janitorial Supplies Page 2 North American Salt Co. Road Salt 16,616.36 Office Depot Office Supplies 163.60 Oxygen Service Company Medical Oxygen 152.31 Performance Plus dba Health Strategies Medical Evaluations 55.00 Pioneer Manufacturing Quick Stripe Chalk 485.70 Pioneer Press Year Subscription 50.44 Pogge Michel Reimburse for Seminar 35.00 Ray Allen Manufacturing, LLC K9 Supplies 58.45 Reliance Electric Main Inflation Motor 1,610.00 Rick's 36 Vehicle Repair 92.27 Riedell Shoes, Inc. Skates for Resale 151.84 Roettger Welding Welding Soccer Nets 1,156.95 Stillwater Medical Group Medical Evaluations 170.00 Stillwater Motor Company Vehicle Repair 2,393.26 Sun Newspapers Park & Rec Commission Cancellation Mtg 21.32 Tower Asphalt Inc. Final 2009 Street Improvement Project 73,258.56 Tri State Bobcat, Inc. Equipment Repair Supplies 7,403.87 Unique Paving Materials, Inc. Asphalt 169.50 USAble Life Term Life Insurance 403.20 Valley Trophy Inc. 3 Retirement Plaques 235.98 Wal Mart Community Supplies 171.35 Washington Conservation District 4th Qtr Billings Educator & Expenses 1,246.60 Washington County Assessment & Taxation 2011 Truth in Taxation Notice 1,620.63 Washington County License Center License Tab Renewals 28.50 Washington County Property Records Recording Documents 190.00 Washington County Road & Bridge Traffic Signal Maintenance 149.01 Wicker, Steve Reimburse Work Boots 35.00 Yeadon Repair Hole in Dome 280.08 Yocum Oil Company Fuel 19,454.56 Zee Medical Service Medical Supplies 181.07 LIBRARY Ace Hardware Janitorial Supplies 16.98 Aramark Rugs & Towels 63.21 ArtReach St. Croix Program Materials 75.00 Baker & Taylor Adult Fiction Book 12.09 BWI Young Adult Materials 4,685.97 Brodart Co. library Materials 1,095.78 Comcast Telecommunications 49.90 Demco Processing Supplies 25.28 Office of Enterprise Technology Telphone 323.24 Quill Supplies 310.96 Random House Children's Audio 54.00 Shimmering Blue Line Books 115.90 EXHIBIT "A" TO RESOLUTION #2011 -16 Page 3 Toshiba Maintenance Contract 27.20 Washington County Library Materials 317.70 ADDENDUM AMEM 2011 AMEM Dues 100.00 B & B Products /Rigs & Squads Change out Old Squads to New Squads 5,231.40 Bro -Tex, Inc. Maintenance Supplies 74.90 C3 Soft Works Bravo Software 635.91 Clark, Luann Cleaning Public Works, City Hall 1,057.50 Delta Dental Cobra Insurance 202.45 Four Seasons Outdoor Services Shoveling 615.00 IACP 2011 Membership 120.00 Kirvida Fire Inc. Repair 2004 Ford F 450 Alexis Rescue 164.00 Lakeview Hospital Legal Blood Draws 150.00 Magnuson Law Firm Professional Services 6,036.83 Napa Vehicle Repair Parts 31.51 Qwest Telephone 635.75 Sanders Wacker Bergly, Inc. North Lowell Park Pedestrian Plaza 6,131.25 S & T Office Products Office Supplies 29.70 Richtman, Karen dba Service on a Shoestring Balance on 2010 Recycling Grant 1,804.00 Sprint Cell Phone 89.00 Sprint PCS Cell Phone 82.00 Stillwater Collision & Restoration Squad Repair 209.80 Stillwater Motors Vehicle Repair & Maintenance 43.08 Stillwater Rotary Club 1st Qtr Membership Dues 182.50 Sun Newspapers Community Service Officer Publication 82.35 Sykes, Kyle Reimburse for Hard Drive 85.69 Turnblad, Bill Reimburse for Supplies for Parking Ramp 24.18 Verizon Cell Phones 2,098.18 Xcel Electricity, Gas 29,266.50 JANUARY MANUALS Anderson,Richard 2nd Half Property Tax Abatement 4,310.31 Bank Plus 2nd Half 2010 TIF Note 16,579.77 7ougherty Funding LLC Terra Springs 2nd Half TIF 10 212,177.52 -ake Elmo Bank Curve Crest Villas 2nd Half TIF 9 16,579.77 postmaster 1st Qtr UB Postage 2,503.46 A. Croix Events, Inc. Fireworks Contribution 4th of July 40,000.00 A. Croix Preservation, Inc. Lumber Baron Hotel 2nd Half TIF # 1 & 10 5,224.44 JS Bank Lofts of Stillwater 2nd Half 2010 TIF 10 122,824.09 (cel Electricity, Gas 4,701.06 TOTAL 663,313.01 EXHIBIT "A" TO RESOLUTION #2011 -16 Adopted by the City Council this 1st Day of February, 2011 Page 4 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -16 1st Line Concession Supplies 335.75 Ancom Communication, Inc. 7 minitor V radios 3,919.08 . Ancom Technical Center Freight to Return Repaired Pager 12.50 Applied Images Supplies 132.44 Aramark Uniform Services Mats, Towels, Uniforms 925.32 Atlas Dome Turf 17,764.15 BMI BMI License 309.00 Bornt Rich Eikon Digital Privacy Mgr Finger Print R 207.77 Bro -Tex Equipment Repair Supplies 74.99 Carquest Auto Parts Vehicle Repair Parts 601.04 CATCO Parts and Service Equipment Repair Supplies 934.67 Century Power Equipment Equipment Repair Supplies 178.48 Cole Papers Tissue paper, garbage bags 1,197.44 Corporate Mechanical Repair heating unit 838.56 Dell Marketing L.P. Hot Swap Drives for Server 885.44 DLT Solutions, Inc. AutoCad Renewal & AutoCad Civil 3D Renewal 1,800.33 Emergency Automotive Technologies, Inc. Vehicle Repair Supplies 90.22 Emergency Medical Products, In Heartstart Smart Pads II 163.36 Environmental Systems Research ArcView License Maintenance Renewal,Arc Pad Lic 2,948.67 Fastenal Company Nuts & Bolts - Misc. shop supplies 571.02 Goodin Co. Ventor Motor & Gaskets 1,080.72 Grainger Equipment Repair Supplies 71.67 GTS 46th Govenor's Homeland Security Conference 250.00 Harris Service Repair Dome Furnace 1,439.21 Helmer Printing Cinema Flyers 90.84 Hemp Charles C. Seminar 285.00 Heritage Printing, Inc. Business Cards Michael Polehna, D Menikh 97.20 Iceman Industries, Inc. Treatment of Salt 1,977.19 Ice Skating Institute Skate Membership, Cinema on Ice, Conference 198.00 IKON Office Solutions Maintenance Contract 139.90 JH Larson Water Softner & Fittings 3,193.29 9 Kirvida Fire Inc. Vehicle Repair 6107 264.33 Lake Country Door, LLC Install Loop Detector 415.00 Linner Electric Co. Inc Check Wiring on Compressor Lily Lake 104.00 LMC Insurance 1,000.00 Loffler Companies, Inc. Labor Charges to repair HP 8150 592.75 Mac Queen Equipment Inc. Repair Supplies 139.90 Menards Repair Supplies 929.14 Metro Fire Uniforms 133.80 Municipal Code Corp. Supp No 38 to City Code 1,325.79 NAPA Auto Parts Equipment Repair Supplies 62.37 Nardini Fire Equipment, Inc. Fire Extinguisher Cabinet, Fire Extinguishers 276.95 Natural Resource Group Stillwater Levy Stage 3 410.00 Nelson Marine Motor Service, Inc. Boat Maintenance 53.90 EXHIBIT "A" TO RESOLUTION #2011 -16 Page 2 North American Salt Co. Road Salt 16,616.36 Office Depot Office Supplies 163.60 Oxygen Service Company Medical Oxygen 152.31 Performance Plus dba Health Strategies Medical Evaluations 55.00 Pioneer Manufacturing Quick Stripe Chalk 485.70 Pioneer Press Year Subscription 50.44 Pogge Michel Reimburse for Seminar 35.00 Ray Allen Manufacturing, LLC K9 Supplies 58.45 Reliance Electric Main Inflation Motor 1,610.00 Rick's 36 Vehicle Repair 92.27 Riedel) Shoes, Inc. Skates for Resale 151.84 Roettger Welding Welding Soccer Nets 1,156.95 Stillwater Medical Group Medical Evaluations 170.00 Stillwater Motor Company Vehicle Repair 2,393.26 Sun Newspapers Park & Rec Commission Cancellation Mtg 21.32 Tower Asphalt Inc. Final 2009 Street Improvement Project 73 258.56 Tri State Bobcat, Inc. Equipment Repair Supplies 7,403.87 Unique Paving Materials, Inc. Asphalt 169.50 USAble Life Term Life Insurance 403.20 Valley Trophy Inc. 3 Retirement Plaques 235.98 Wal Mart Community Supplies 171.35 Washington Conservation District 4th Qtr Billings Educator & Expenses 1,246.60 Washington County Assessment & Taxation 2011 Truth in Taxation Notice 1,620.63 Washington County License Center License Tab Renewals 28.50 Washington County Property Records Recording Documents 190.00 Washington County Road & Bridge Traffic Signal Maintenance 149.01 Wicker, Steve Reimburse Work Boots 35.00 Yeadon Repair Hole in Dome 280.08 Yocum Oil Company Fuel 19,454.56 Zee Medical Service Medical Supplies 181.07 LIBRARY Ace Hardware Janitorial Supplies 16.98 Aramark Rugs & Towels 63.21 ArtReach St. Croix Program Materials 75.00 Baker & Taylor Adult Fiction Book 12.09 BWI Young Adult Materials 4,685.97 Brodart Co. Library Materials 1,095.78 Comcast Telecommunications 49.90 Demco Processing Supplies 25.28 Office of Enterprise Technology Telphone 323.24 Quill Supplies 310.96 Random House Children's Audio 54.00 EXHIBIT "A" TO RESOLUTION #2011 -16 Page 3 Shimmering Blue Line Books 115.90 Toshiba Maintenance Contract 27.20 Washington County Library Materials 317.70 Memorandum To: Mayor and City Council From: Tony Kraftson, Assistant City Engineer `"'I% Date: January 24, 2011 Subject: Acceptance of Work and Final Payment 2009 Street Improvement Project (Project 2009 -02) DISCUSSION The work on the above project has been completed. The contractor has submitted their applications for payment and required information to allow for final payments. If Council accepts the work and authorizes final payments the one -year warranty will begin. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to Tower Asphalt, Inc. in the amount of $73,258.56. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting Resolution No. 2011- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009 -02). ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2009 STREET IMPROVEMENT PROJECT (PROJECT 2009 -02) WHEREAS, pursuant to a written contract signed between the City and Tower Asphalt, Inc. for work on the 2009 Street Improvement Project (Project 2009 -02) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of $73,258.56 on such contract, taking Tower Asphalt, Inc. receipt in full. Adopted by the Council, this e day of February 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk i er Adm Memorandum To: Mayor & City Council From: Larry D. Hansen, City Administrator Date: January 28, 2011 Re: 2011 Forestry Contract Attached is the contract for Forestry Consultant services. Dr. Kathy Widen has been the City's consultant for many years and provides an excellent service at a relatively low cost. She consults with City staff on all tree issues, reviews all private development projects, provides articles for the City residents in the newsletter, and conducts seminars for the City. The majority of her time is spent with citizens on an individual basis (see work plan). Dr. Widen is paid $50.00 per hour. Her contract hours were reduced about 50% in 2010, and this amount was followed for 2011. RECOMMENDATION: I highly recommend renewal of the Forestry Contract for 2011. Forestry Program City of Stillwater Final Report 2010 From: Katharine D. Widin, Ph.D., Forestry Consultant 1/25/11 Plant Health Associates, Inc., Stillwater, MN 651- 338 -3651 Note: Estimated hours for 2010 were originally 146, but were cut in half due to budget constraints. Hours spent on all aspects of the program were cut in half, and some forestry activities were eliminated. Evaluation of Trees on Public Property and City Requests for Inspections on Private Property At the request of City Staff (Comm. Devel., Engineering/Public Works, Code Enforcement, or Parks), or residents, I visited public easements and other public sites within the City to evaluate the health of trees and make recommendations regarding their care. The trees examined included boulevard trees, park trees and trees elsewhere on lands owned by the City. Some risk/dead tree situations had to be referred to the city Code Enforcement Officer in order to have trees removed from private property. These risk tree inspections on private property were usually the result of a complaint to the city. One risk tree situation took a lot of time, several site visits, detailed photographs and a more extensive report, due to the unwillingness of the property owner to remove the risk tree. This tree was finally removed. Time includes any meetings, telephone discussions, emails, and memos /reports regarding these issues. (28.75 hrs.) Forestry Residential Contacts I returned telephone calls from City residents and made site visits to look at trees and shrubs and recommend management for tree planting, pruning, removal, and insect, disease and cultural problems. In 2010 I returned 88 phone calls and made 50 site visits to residents (compared to 161 phone calls and 120 site visits in 2009). I tried to limit site visits to those which concerned insect, disease, cultural or structural problems which threatened the health of the tree, humans, buildings or outdoor structures. Some requests from residents were in regard to tree insects such as Jap. beetles, pine bark beetles, horned oak gall, bronze birch borer, birch leaf miner, spruce adelgid and emerald ash borer (10% of tel. calls and site visits). Residents also wanted to know about plant diseases such as oak wilt, Dutch elm disease, Rhizosphaera needle cast, cedar -apple rust, oak anthracnose, Nectria canker, and black knot, cultural problems, tree protection, tree and shrub i.d., buckthorn management, drought stress, structural problems, storm damage, tree selection and planting, winter injury, rodent damage, stem girdling roots, tree decay /defects, nuisance trees (roots disturbing lawn, cottonwood "cotton "), risk trees, declining trees, eriophyid mites, and tree care. This is a very positive part of the program and a service valued by residents. (23 hrs.) Public Information /Outreach I wrote articles on natural resource management topics for one issue of the City Newsletter ( "Emerald Ash Borer ", EAB public seminar, and "Tree Problems? "and prepared some fact sheets and other info. on insects and diseases for residents. (1.5 hr.). (Costs for some of the outreach work was shared with the cities of Oak Park Heights, Mahtomedi and Lake Elmo) Stillwater Final Report 2010 — 2 Neighborhoods I visited a property at 6 and Hudson St. regarding a proposed removal of volunteer trees and shrubs along the r.o.w. and replacement with a landscaped area which the adjoining property owner thought would look better and be easier to maintain. I gave recommendations on management of invasive plants, such as buckthorn, tree and shrub species to plant and how to maintain the area (1 hr.) Site Review/Tree Protection City Projects I met with Tim Moore and visited sites where tree pruning had been done by city crews and evaluated pruning practices, making suggestions for any changes or improvement. I sent him a list of recommendations for tree species to plant on boulevards and in parks. We visited the site of a proposed trail and discussed tree protection and possible removal of weak or risk trees. (3.75 hrs.) Emerald Ash Borer (EAB) This insect was discovered in St. Paul in May 2009. Further infestations within a mile or so of the original infestation in St. Paul were confirmed in 2010. This insect has not yet been confirmed in Stillwater or anywhere else in Washington County. I attended several EAB workshops for municipal forestry professionals, as well as MN Forest Pest First Detector training again in 2010. I worked on an update to the Emerald Ash Borer Management Plan and discussed with city staff several possible options for preparing for this pest. I answered questions from residents and made some site visits (10% of Forestry residential contacts) to look at insects found on ash and other tree species which exhibited possible EAB symptoms. All insects and sites checked were negative for EAB. (11 hrs.) Some time for EAB is covered under the residential contacts. (EAB training and management plan preparation costs were shared with the cities of Lake Elmo, Mahtomedi and Oak Park Hts.) Development Projects The only development project I worked on in 2010 was the proposed re- development of the old UFE site by the school district. I met with the project engineer on site and discussed removal of several trees which were either in the path of a west entrance road or would be a risk to the roadway or users of the parking area. (2.5 hrs. pd. by devel. project) Total Hours for 2010 = 69 hrs. (City) + 2.5 hrs (Devel.) @ $48. /hr. = 71.5 hrs. = $3,432.00 Est. Hours for 2010: 70 hrs. @ $48. /hr = $3,360.00 (for ref.: Total Hours 2009 = 137 hrs. @ $48./hr. = $6,576.00) Est. Hours for 2011 = 70 hrs. @ $50./hr. = $3,500. A proposed work plan for 2011 was provided to the city and discussed with dept. heads 12/22/10 illwater • Administration FORESTRY CONSULTANT CONTRACT FOR 2011 This contract is made this day of , 2011, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 Fourth Street North, Stillwater, Minnesota 55082, "City ", and Kathy Widin, Plant Health Associates, Inc., 13457 Sixth Street North, Stillwater, Minnesota 55082, "Consultant ". RECITALS The City desires to retain the services of the Consultant to provide consulting services in the development and maintenance of a forestry management program. Consultant agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and the Consultant as follows: SECTION I. NATURE OF WORK Consultant will perform the services as shown on the attached Exhibit "A" on behalf of the City. SECTION I1. PLACE OF WORK It is understood that Consultant services will be rendered largely in the field or at Consultants place of business and not in the Office of the City. SECTION I11. COMPENSATION 1. The City will pay to the Consultant as follows: a. $50.00 per hour for services listed in Exhibit "A" or as otherwise approved by the City. b. For contracts which are less than 50 hours per annum, the hourly charge will be $65.00 per hour. c. Ordinary and necessary business expenses incurred by the Consultant and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City. SECTION IV. STATUS OF CONSULTANT This Contract calls for the performance of the services of the Consultant as an independent contractor and the Consultant will not be considered an employee of the City for any purpose. SECTION V. INDEMNIFICATION Any and all claims that arise or may arise against the Contractor, its agents, servants or employees as a consequence of any act or omission on the part of the Consultant or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Consultant shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be inquired to pay, arising out of or by reason of any negligence or willful act or omission of the Consultant, its agents, servants or employees, in the execution, performance or failure to adequately perform Consultant's obligations under this Contract. SECTION VI. AUTHORITY The City hereby grants to the Consultant all authority reasonably necessary to pursue and achieve the objectives of this Contract. SECTION VII. DURATION This contract will be in effect from January 1, 2011 through December 31, 2011 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party. IN WITNESS WHEREOF, the parties have set their hands this 1st day of February, 2011. CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk 2 Subscribed and sworn to before me this day of , 2011. Notary Public PLANT HEALTH ASSOCIATES, INC. By: Kathy Widin Subscribed and sworn to before me this _ day of , 2011. Notary Public 3 Stillwater Forestry Program Proposed Work Program for 2011 From: Katharine D. Widin, Ph.D. Forestry Consultant SERVICE ESTIMATED WORK PROPOSED /ACCOMPLISHED HOURS Maintenance of Public Trees Staff /Council Meetings with staff, reports, updates. Communication 15 Evaluation of Trees on Evaluations of trees on public property to determine nature of tree Public Property: problem(s) and whether or not specific trees should be removed or need Boulevard Trees other care — as requested, on a case by case basis Park Trees Trees on City Property Education /Outreach Write Articles Articles re: tree info. for City website and 1 article for the Stillwater 4 Gazette on tree- related issues Fact Sheets & Pest Info. (costs shared) `Fact Sheets' for residents on mgt. of insect, disease, and cult. problems (costs shared with cities of Oak Park Heights, Lake Elmo & Mahtomedi) Maintain Forestry Hotline 25 Return phone calls from residents. Make site visits regarding serious tree insect, disease or cultural issues, for example: emerald ash borer, gypsy moth, oak wilt, potential risk trees. (2010: tel. calls = 88, site visits = 50) Seminars/Workshops for 0 I will be presenting a seminar for area residents on Thurs. Oct. 13 at Residents Family Means on "Invasive Plants and Their Management" which will be sponsored by the St. Croix Oak Savanna Chapter of Wild Ones and the City of Oak Park Heights. Neighborhoods 4 Work with neighborhood associations on tree projects /problems: Tree Protection _ Site design review for 2 Site review of building placement, tree location and protection on wooded lots & Tree Cutting wooded building lots Permits Site inspections, evaluation re: requests for tree removal /tree cutting permits on private properties Oak Wilt/ 0 Only re; complaint or risk basis and covered under city trees or tel. Dutch elm disease calls/site visits to residents Site review /tree protection 5 To provide guidelines, site review for City projects regarding tree and management projects; selection, planting, care and protection (incl. management of buckthorn memos, meetings, etc. and other invasive species) Emerald Ash Borer 15 Provide info. for City and residents re: emerald ash borer detection and management; update EAB management plan (some EAB info. /tel. and site visits covered under Education /Outreach to residents) Development Projects 5* Review of development plans, site visits, inspections, reports to city. * (paid by developer /project) Estimated Hours for 2010: City = 70 ( @$50.00 /hour) = $3,500.00 - hours are estimated and may be less than the estimated total per year; consultant will notify city admin. at 60 hrs. - if City asks for hours above contract hours, these will be charged at the contract rate of $50. /hr., if consultant is available RESOLUTION 2011 -19 APPROVING FORESTRY CONSULTANT CONTRACT FOR 2011 BE IT RESOLVED by the City Council of Stillwater, MN that the Forestry Consultant Contract for 2011, as on file with the City Clerk, is hereby approved and authorizes the Mayor to sign the Consultant agreement. Adopted by the Stillwater City Council this 1st day of February, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2011 -20 APPROVAL OF STATE OF MINNESOTA GRANT CONTRACT FOR DWI ENFORCEMENT BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with Commissioner of Public Safety, State Patrol and the City of Stillwater for DWI enforcement 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 1st day of January, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division, 444 Cedar Street Suite 130, St. Paul, MN 55101 -5130 ( "State ") and the City of Stillwater. Police Department 216 North 4th Street. Stillwater, MN 55082 ( "Grantee "). Recitals I Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract. 2 Federal funds for this grant contract are provided from U.S. Department of Transportation's State and Community Highway Safety Program, Catalog of Federal Domestic Assistance (CFDA) Number 20.608 3 The State is in need of coordinated impaired driving enforcement saturations and public information activities. 4 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effectim date: October 1. 2010 or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. Once this grant contract is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant contract. Reimbursements will only be made for those expenditures made according to the tends of this grant contract. 1.2 Expiration date: September 30, 2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Sww1ml of Terms. The following clauses survive the expiration or cancellation of this grant contract. 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: Perform the duties and tasks specified in the DWI Enforcement Grant Program Duties, Exhibit A, which is attached and incorporated into this grant contract. Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular A -133. Federal Audit Requirements is attached and incorporated and made part of this grant contract. See Exhibit B. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (1) Convensadon. The Grantee will be reimbursed an amount not to exceed RILO for officer overtime rates, including fringe benefits, incurred in providing services pursuant to Clause 2 of this grant contract. Invoices for reimbursement must be submitted using the DWI Enforcement Invoice. All invoices for reimbursement must be supported by written documentation. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be paid in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into this grant contract by reference The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. No reimbursement shall be made for salary costs incurred in traveling to and from saturation everts (3) Matching Requirements. (If Applicable.) Grantee certifies that the following matching requirement, for the MSP (11/06) grant contract, will be met by the Grantee: .00. (4) Total Obllgadon. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $4,320.00. 4.2 Payment (1) Involces. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Itemized invoices will be submitted within 30 days after each saturation event to the State's Authorized Representative. Final invoice next ing to the first state fiscal year of this grant contract must be received by July 31 2011 Reimbursements from the second state fiscal year may commence on or after July 1 2011 The final invoice pertaining to the second state fiscal year of this grant contract must be received by October 31 2011 Expenditures for each state fiscal year of this grant contract must be for services performed within Mlicable state fiscal years. Every state fiscal year begins on July 1 and ends on June 30. (2) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title 23 CFDA number 20.608 of the State and Community Highway Safety Act of 1966 The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Lt. Bruce Brynell. 3489 Hadley Avenue North, Oakdale MN 55128 (651) 779 -5906, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Captain Crai>z Peterson. 216 North 4th Street. Stillwater. MN 55082 (651)351-4910 If the Grantee's Authorized Representative changes at anytime during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.lAssignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2Amendments: Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7AGrant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. MSP (11/06) 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Imu icient Funding. The State may immediately terminate this grant contract if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of MSP (11/06) the lack of funding within a reasonable time of the State receiving that notice. 15 Data Disclosure Under Minn. Stat § 270C.65, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 1. ENCUMBRANCE VERIFICATION 1PuWdua1 cert0es that fords have been encoubered as required by Uhn Stat. §§ 164.15 and 16C.05. Signed: Date: Grant Contract No. 50000006522 2. GRANTEE The Grantee cer4ks that the appropriate permn(s) have ezecuied the grant conduct on behay'of the Grantee as required by applicable articles, bylaws, resolutions, or or 6wrces. By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: By: Title: I P Dioibution: DPS/FAS Grantee State's Authorized Representative MSP (11/06) Exhibit A Page 1 of l DWI Enforcement Grant Program Grantee's Duties 1 Coordinate alcohol saturations with the State's district authorized representative for saturation events to be held between October 1 2010 and September 30. 2011 providing up to seven V two hours of enforcement. 2 All law enforcement officers participating in this program must be Peace Officers Standards and Training Board (POST) licensed as provided by Minnesota law. 3 All law enforcement officers participating in this program must be Standardized Field Sobriety Testing (SFST) trained. Grantee must provide proof of training for each officer not currently qualified before such officer(s) will be allowed to participate in the program. 4 All law enforcement officers participating in this program should aggressively enforce traffic laws with an emphasis on impaired driving. 5 Grantee will provide a list of eligible law enforcement officers who may participate in this program with their overtime rate of pay, including fringe benefits, on "Personnel Roster ". Reimbursement will be made only for hours that officers work on a day off or on a shift extension. 6 Grantee will review Officer Activity Reports and Activity Logs (samples attached) to verify work efficiency by those officers working the saturations; officers unwilling or unable to diligently pursue impaired drivers cannot be allowed to work subsequent saturation events and Grantee will work with the State's district authorized representative to replace such officers with qualified officers. 7 Grantee will complete and submit all required paperwork following each saturation event including, but not limited to, Officer Activity Reports and Invoices to the State's district authorized representative within seven (7) working days following each saturation event. 8 Grantee will participate in public information and media efforts with the State's district authorized representative as a part of each saturation event. 9 Grantee shall provide for all operating costs including, but not limited to, maintenance and repairs of squad cars used in performance of this grant agreement and shall provide all necessary insurance for them. 10 Grantee's law enforcement officers, providing services under this grant agreement, are employees of the Grantee and not employees of the State or Federal government. 11 State's district authorized representative is Lt Bruce Brynell 3489 Hadley Avenue North. Oakdale MN 55128 FAX: (651) 779 -5925. Exhibit B, page 1 of 2 - FEDERAL AUDIT REQUIREMENTS For subreaioients tha are state or local governments non-profit organizations. or Indian tribes If the grantee expends total federal assistance of $500,000 or more per year, the grantee agrees to obtain either a single audit or a program - specific audit made for the fiscal year in accordance with the terms of the Single Audit Act Amendments of 19%. Audits shall be made annually unless the state or kx al government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those govemments, the federal cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only audits prior to 1987 or administrative policies in place prior to January 1, 1987. For subrecipients that are institutions of higher education or hospitals If the grantee expends total direct and indirect federal assistance of $500,000 or more per year, the grantee agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-1 10 "Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit Organizations' as applicable. The audit shall cover either the entire organization or all federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with applicable laws and regulations. 2. The audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the General Accounting Office's "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions." 3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A -133 (or A -110 as applicable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986. The federal government has approved the use of the audit guide. In addition to the audit report, the recipient shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, a statement describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular A-1 33. 5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single Audit Act and OMB Circular A -133. (ro(05) Exhibit B, page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federal assistance. 7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four years. 8. Reauired audit reports must be filed with the State Audiitoes Office Single Audit Division. and with federal and state agencies providing federal assistance, and the Department of PubUc Safety within nine months of the orentee's fiscal year end. OMB Circular A -133 requires recipients of more than $500,000 in federal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street Suite 126, Town Square St. Paul, MN 55101 -5126 (IOM5) a Ater VV o THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: January 26, 2011 RE: Trolley Tour LLC 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 Downtown Stillwater and the City parking lot on Pine Street at 3r Street. • Weekly service between senior housing complexes and Downtown Stillwater. • The shuttle service drop off /pick up spot would be on Main Street at City Lot #6 (east side of Main Street at Commercial Street). On weekends a second stop would be added in the City parking lot on Pine at 3 Street. • Trolley Tour LLC would like up to three other drop off /pick up sites on Main Street for the shuttle, but these would have to be approved by Parking Commission and City Council as the business develops. In addition to the shuttle service, Trolley Tour LLC would offer historic tours. The historic tours would operate from reserved on- street parking space on the west side of Water Street immediately north of Myrtle 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. This location north of Myrtle Street represents a change from the last time the City Council considered the Trolley Tour request. Previously an on- street spot just north of Chestnut Street was proposed. The season for the trolley shuttle service and historic tours would be April 1 through October 31 (less if weather does not permit). REVIEW HISTORY The Downtown Parking Commission heard the request in December and on a vote of 3 -2 the commission recommended approval. McGlynn Request January 26, 2011 Page 2 The City Council considered the request at the January 4th Council meeting. Though the Council was generally supportive, there was confusion over the number of spaces needed to accommodate the 27 foot long tour trolley. Therefore, the Council referred the request back to the Parking Commission to look specifically at the number of spaces needed. Subsequently, staff met on site with Mr. McGlynn, and abutting businessmen. The effect of the meeting and further discussions with the businessmen was a revision to the proposal. Though Trolley Tour LLC would still prefer the spot on Water Street just north of Chestnut Street, they have compromised at the urging of the abutting businessmen and are now requesting 27 feet of permanent parking space on Water Street north of Myrtle Street (directly behind the gas station). The Parking Commission considered the revised location at their January 20, 2011 meeting and unanimously recommended approval of it. SPECIFIC REQUEST Trolley Tour LLC is requesting permanently reserved on- street parking space on the west side of Water Street immediately north of Myrtle Street behind the gas station. In addition, they are requesting two signed drop off /pick up spots for the shuttle service: one on Main Street at City Lot #6 and the second in the City parking lot on Pine and 3` Street. COMMENTS Number of spaces required In Trolley Tours' preferred location behind Leo's Malt Shop, the yellow no parking zone is considerably longer than the 30 feet minimally required. So, some of the no parking zone could have been converted into the parking space for the tour trolley. Consequently, only one space would have been needed for the 27 foot long vehicle. (See attached map.) However, the yellow no parking zone behind the gas station north of Myrtle just barely meets the 30 foot minimum requirement. No space can be given up to lengthen the adjacent 20 foot parking space. Therefore, both parking spaces behind the gas station will need to be reserved for the tour trolley. (See attached map.) Fee The cost of the reserved parking space needs to be determined by the City Council. The Parking Commission considered the fee amount on January 20 and recommended $645 per year. Furthermore, they recommended only charging for one space. In coming to their fee recommendation, the Parking Commission considered: 1) the fee paid by Stillwater Trolley Company; 2) the recently adopted fee schedule for private use of public parking spaces; and 3) the positive effect of moving the trolley to a spot favored by the City and local businessmen. McGlynn Request January 26, 2011 Page 3 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 2003. If the recently adopted parking fees were applied, the fee for one reserved spot on Water Street (between April 1s and October 31S would be $1,749 The cost for two spaces would be $3,498. However, it was recognized by the Parking Commission and City Council when the new fees were adopted that for certain uses (such as a trolley), the stated fee represents the beginning point of a discussion by the Council to determine the actual fee amount. Since Stillwater Trolley Company is paying $500 for each of the two trolleys being parked on Nelson Street, staff believes that $1,749 for each parking space is too high. Instead, staff would recommend charging $645 for a 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. Finally, the Commission deliberated whether Trolley Tours LLC should be charged for one space or two spaces. In Trolley Tours' preferred location behind Leo's Malt Shop only one space would be necessary because of the extra long yellow no parking zone. To accommodate local businessmen, and to locate at a spot preferred by City staff, Mr. McGlynn has agreed to relocate. But in the relocated space there is no excess yellow zone. Consequently, the trolley must take two parking spaces. In recognition of the Trolley Tours concession, the Parking Commission recommended charging for only one spot. Annual Review After the first trolley season the Parking Commission, Public Safety Department and Public Works Department should review the reserved parking and shuttle 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 for the shuttle. As experience is gained the company will most likely make requests for those three spaces. Signage Both the signs for the shuttle stops and the sign for the permanently reserved historic tour space on Water Street will have to be reviewed and approved by the Public Works, Public Safety Departments and the Heritage Preservation Commission. 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. 1 $9 per day for the peak season days; $3 per day for the off season days. McGlynn Request January 26, 2011 Page 4 ALTERNATIVES The City Council has the following alternatives. 1. Approve the two requested shuttle stops and the relocated reserved parking for the tour trolley and charge $645 annually for the reserved on- street parking. 2. Approve the two requested shuttle stops and the relocated reserved parking for the tour trolley and charge $645 annually for each of two reserved on- street parking spaces. This would be a total of $1,290. 3. Deny the request. 4. Table the request for additional information. RECOMMENDATIONS Parking Commission On January 20, 2011 the Downtown Parking Commission unanimously voted to recommend approval of the request. Though conditions of approval were not attached to the revised request, conditions attached to the December request still apply. They are: 1. A one -year (2011) approval for the business with the exception of Lumberjack Days weekend. 2. One drop off /pick up spot on Main Street in the vicinity of Lot #6 to be chosen by city staff. 3. No stops will be allowed in Lot #1 (South Main Street Lot). 4. Any complaints /concerns about the business will be shared with Tom McGlynn and the Parking Commission. Staff Since Trolley Tours LLC is making a concession to use a location less desirable to them in order to satisfy the wishes of local businessmen and City staff, and their preferred location would have only required one reserved parking space, staff recommends approving the relocated reserved parking spot for Trolley Tours at a charge of $645 annually for the reserved parking, with the conditions included in the attached resolution of approval. Attachments: Tour trolley on- street parking map Resolution Applicant's Materials • w AF T like ,,:,,,,,„ s *� .�,0• a 4 0 i lk* t III 4. fr 111 ' 4. o 0. N 10 , , , ,o, 1 l a 3 ' fir. ''.: -".,-"." .,:.e *.„ .:* ' iritio. ..,,, torsi ii , .',; a dill" 0 - k . �t , . t .'. �_... . _ . .,Ipipo .,___ , . _.,/),,rrt .-:-. r ,:r ..00# . ‘ ,.... , . . ,e ir..., - V .. r t. r x x' . l . { a • it _,- ____-------- \ Il k \ ill \ 10 i V W u To y 1 \ too _ —\- \ , \ V \ .0, 1 _ \ c \\ m i 1 4 i \ A s O It\ 0 Q L--- 4 RESOLUTION NO. 2011- RESOLUTION REGARDING TROLLEY TOUR, LLC. WHEREAS, Tom McGlynn has incorporated Trolley Tour, LLC; and WHEREAS, Trolley Tour, LLC would like to operate within the City of Stillwater by offering between April 1" and October 31' of each year a trolley shuttle service and a historic tour service; and WHEREAS, Trolley Tour, LLC has requested permanently reserved on- street parking on the west side of Water Street immediately north of Myrtle Street for the historic tour trolley to park throughout its service season (including overnight parking); and WHEREAS, Trolley Tour, LLC has requested two signed drop off /pick up spaces for the shuttle service; one space to be on Main Street at City Lot #6, and the other in the City parking lot on the corner of Pine and 3rd Street. 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 spots on Main Street and in the City's Pine Street parking lot with the following conditions: 1. After the first trolley season the Parking Commission and City Council will review the reserved parking and shuttle stop arrangement for safety and operational aspects. 2. Given the congestion on Water Street at Myrtle Street during Lumberjack Days, the tours will not be allowed to operate from this location during Lumberjack Days weekend. 3. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 4. 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. 5. The fee for the reserved on- street parking on Water Street shall be $645 annually. It must be paid by March 31" and the fee is subject to review and possible increase by the City Council annually. 6. Both the signs for the shuttle stops and the for the historic tour trolley on Water Street must be reviewed and approved by the Public Works and Public Safety Departments as well as the Heritage Preservation Commission. 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 1 S' day of February 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk W = Z .4w) VI = 6 ›N N — = U 0 o > , 00 0 4.J 2 cry • tii) U L 0 to cO CO o � = 2 = E •v , w) Co , c O x - 1- ;1 O N 0 O -0 O V cil O 0 _ a 6 o •-c: a-+ d CO Q?:i (8 ' &) 1 O y p CU 0 1 1 ~ a) p G,.) E * N vi -) 0 PE: CD VI CD 0 1::: i rill: . c� ° A� 5o V - • - O • (-) " E 0 4-4 (75 0 cL 0 C4 4 v; H _' ` o a bi) (1) .4_.) 1/4._.■ ,- t O4 " o " O 2 ) ) -1 • C.) r"' (/) V) CI) 4-4 C: ,4_) C4-4 4 - ) , FL . ”. 4 (/) a , _ • CL ) "CZ ,_ P75 *4-J O O > O t:10 CA E CU (/) ' 0*? O — E ,u v 0 .4...) c- ct , = v) cu 0 c , ',7 0 rr l E 0.) c) .1_) ,.., , ,.7; 0 c7 0 ,, ,, Q cij 41 E 7:5 ,.",0 E O W 0 cu C t E 4--' ' e) cu "C5 e . ' 4C75 CU Ct r P4 CU ;■4 CI) E — (1) •— — ;, cu .LI ( 13 . bi) tap Ct ,■ 0 • r4 E - 4 cri c7) E - C4 E4 ter Adnunistra loll Memorandum To: Mayor & City Council From: Diane Ward Date: 1/26/2011 Re: Peddlers and Solicitors — 2nd Reading of Ordinance 1026 Attached is the revised ordinance with the additions requested by Council (in red) at the last meeting. Should Council approve the second reading, the ordinance will be published on Friday, February 4 and be effective on February Stn We do have three peddlers that registered under the current ordinance. Their registration is effective for 60 days, therefore they should be grandfathered until their registration expires and if they renew or apply in the future they would have to follow the new process. The ordinance has been reviewed by Chief Gannaway, City Administrator Hansen and City Attorney Magnuson RECOMMENDATION Staff recommends that the ordinance be adopted. ACTION REQUIRED: If Council agrees with the staff recommendation, they should pass a motion adopt Ordinance 1026, an ordinance amending Chapter 41, of the Stillwater City Code, Section 41 -4 entitled Peddlers and Solicitors. ORDINANCE NO. 1026 AN ORDINANCE AMENDING CHAPTER 41, OF THE STILLWATER CITY CODE, SECTION 41 -4 ENTITLED PEDDLERS AND SOLICITORS The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 41 -4, entitled "Peddlers and Solicitors" is deleted in its entirety and hereby replaced with the following: Subd. 1. Definitions and interpretation. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and the neuter, and vice - versa, the term "shall" means mandatory and the term "may" is permissive. The following terms shall have the definitions given to them: Person. The term "person" shall mean any natural individual, group, organization, corporation, partnership, or association. As applied to groups, organizations, corporations, partnerships, and associations, the term shall include each member, officer, partner, associate, agent, or employee. Peddler. The term "peddler" shall mean a person who goes from house -to- house, door -to -door, business -to- business, street -to- street, or any other type of place -to- place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personnel property, that the person is carrying or otherwise transporting. The term peddler shall mean the same as the term hawker. The term shall also apply to any person offering for sale any service that the person can immediately provide. Solicitor. The term "solicitor" shall mean a person who goes from house -to- house, door -to -door, business -to- business, street -to- street, or any other type of place -to- place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as described above. The term solicitor shall mean the same as the term canvasser. Transient merchant. The term "transient merchant" shall mean a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, empty store front, motel or hotel room for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise, or other personal property, and who does not remain or intend to remain in any one location for more than ten consecutive days. Regular business day. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays defined by State law shall not be counted as regular business days. Subd. 2. Exceptions to definitions. For the purpose of the requirements of this Section, the terms "peddler," "solicitor," and "transient merchant" shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, estate sales, or lemonade stands operated by children, as well as those persons participating in an organized multi - person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Subd. 3. License Required. No solicitor, peddler, hauler or transient vendor of merchandise, without having been requested or invited to do so by the owner or occupant, shall enter a private residence or enter upon private or public property within the City for the purpose of soliciting orders for the sale of goods, wares and merchandise, or for the purpose of disposing of or peddling or hauling such goods, wares and merchandise; and no person may conduct business as a Transient Merchant without first obtaining a license with the City. Subd. 4. Form; contents. The license application must be completed on a form approved by the City Clerk and must include the following information: (1) Application a) Name and description of applicant. b) Permanent home address and full local address of the applicant. c) A brief written description of the nature of the business, the goods to be sold, and the applicant's method of operation. d) If employed, the name and address of the employer, together with credentials establishing the exact relationship. e) The length of time which the applicant intends to do business in the City with the approximate dates. f) The place where goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. g) A copy of a picture ID (state issued driver's license or ID card), no other form of ID is acceptable. h) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Chapter, the nature of the offense and the punishment or penalty assessed therefore. i) If a vehicle is to be used, a description of the same, together with license number or other means of identification. j) A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by the applicant, the invoice value and quality of such goods, wares, and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or by taking orders for future delivery. k) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 1) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. m) Transient merchants shall include the addresses of all places where the business is to be located, along with written consent of the owners or occupants. (2) Personal History a) Each applicant and representative(s) of the applicant who will be going door - to -door must submit a Personal History application to be included with the License Application. b) Personal History will include a Data Practices Advisory for Protected Information and Consent for Release of Information c) Personal History must include a copy of a picture ID (State issued driver's license or ID card). No other form of identification is acceptable. (3) Background and Drivers License Check. a) The City Police Department is authorized to run criminal background checks using the CJDN terminal and perform driver's license checks on solicitors and peddlers that are licensed with the City. b) Fees. Fees for criminal background check and Drivers License Check of applicant and each representative(s) of the applicant for licenses will be set from time to time by City Council resolution. Subd. 5. Procedure. (1) An application shall be determined to be complete only if all required information is provided and background check fee(s) are paid, as determined by the City Clerk. (2) Application review, Criminal History Background and Drivers License Check, and possible issuance of license will be completed within three (3) business days. (3) No license will be issued until information stated in this Section is completed. If approved, a license card, initialed by the City Clerk, will be issued for each individual associated with the application. The applicant and each representative is required to show this license card and a picture ID to any City resident, law enforcement officer or City of Stillwater employee upon request. Subd. 6. License exemptions. (1) No license shall be required of any person going from house -to- house, door -to- door, business -to- business, street -to- street, or other type of place -to -place when such activity is for the purpose of exercising that person's State or Federal Constitutional rights (i.e., freedom of speech, press, religion etc.) except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this Section. (2) Charitable organizations, and representatives thereof, duly registered under the laws of Minnesota, as set forth in Minnesota Statutes, Sections 309.50- 309.61 or those specifically exempted from license under the provisions thereof, including schools, scouts or organized youth athletic leagues and their representatives. (3) A solicitor or canvasser doing business by appointment. (4) A solicitor or canvasser taking orders for the future door -to -door delivery of newspapers. (5) Salesmen selling foods to retail or wholesale stores or to professional or industrial establishments. (6) The conduct of "garage sales ", "rummage sales" or "estate sales ". (7) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. (8) Religious organizations that maintain a building within the City of Stillwater conducting legitimate fundraising activities. (9) Any candidate campaigning for political office or others campaigning on their behalf. Subd. 7. Ineligibility for solicitation within the City. The following shall be grounds for not allowing licensing under this Section: (1) The failure of the applicant to truthfully provide any of the information requested by the City as a part of the application or the failure to sign the application. (2) The conviction of the applicant /representative within the past three years from the date of license, for any violation of any federal or state statute or regulation, or of any local Code provision or ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought, in an honest and legal manner or that will not adversely affect the health, safety, and welfare of the residents of the City. Such violations shall include but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (3) The revocation within the past three years of any previous registration and /or license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (4) The applicant is determined to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than two complaint(s) against the applicant with the Better Business Bureau, the Attorney General's Office, or other similar business or consumer rights office or agency, or the Stillwater Police Department, within the preceding 12 months, or five such complaints filed against the applicant within the preceding three years. Subd. 8. Suspension and revocation. Any license issued under this Section shall be suspended or revoked at the discretion of the City Council, City Administrator or City Clerk for violation of any of the following: (1) Fraud, misrepresentation, or incorrect statements on the application form. (2) Fraud, misrepresentation, or false statements made during the course of the licensed activity. (3) Conviction of any offense for which granting of a license could have been denied under Subdivision 7 of this Section. (4) Violation of any provision of this Section. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the applicant, shall serve as a suspension or revocation of each such authorized person's authority to conduct business as a peddler or transient merchant on behalf of the application whose license is suspended or revoked. Subd. 9. Notice. Prior to revoking or suspending any license issued under this Section, the City shall provide the applicant with written notice of the alleged violation(s) and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. Subd. 10. Public hearing. Upon receiving the notice provided in Subdivision 1, the licensee shall have the right to request a public hearing. If the City Clerk receives no request for a hearing within ten regular business days following the service of the notice, the City may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 30 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision. Subd. 11. Emergency. If in the discretion of the City Administrator or Police Chief, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this Section, the City Administrator or Police Chiefshall immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in Subdivision 9 of this Section. Subd. 12. Appeals. Any person whose license is suspended or revoked under this Section shall have the right to appeal that decision in court. Subd. 13. Transferability. No license issued under this Section shall be transferred to any person(s) other than the person(s) to whom the license was issued. Subd. 14. License Period.. Licenses shall run from approval date through December 31 of the current year. Subd. 15. Prohibited activities. No peddler, solicitor, or transient merchant shall conduct business in any of the following manners: (1) Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. (2) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right -of -way. (3) Conducting business in such a way as to create a threat to the health, safety, and welfare of any individual or the general public. (4) Conducting business before ten o'clock in the morning (10:00 a.m.), or after seven o'clock at night (7:00 p.m.). (5) Failing to provide proof of license, and photo identification (as stated in Subd. 4 (g), when requested by any resident, law enforcement agency, City staff or others; or using the license of another person. (6) Making any false or misleading statements about the product or. service being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the City of Stillwater solely based on the City having issued a license to that person. (7) Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive. (8) No peddler is permitted to operate at any location within the public parks of the City, except by permit given by the parks board. Subd. 16. Right to deny. The City Council reserves the right to deny permission to any peddler if the number of peddlers in any park or location will cause congestion, impede, or inconvenience the public. Subd. 17. Violations and penalties. Any person who violates any provision of this Section shall be guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to exceed $700.00 or a jail sentence not to exceed 90 days, or both, plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this Section. 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this 1 day of February 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Still water r7 F 6 1 P 7 H P I A Pl N t: 0 City Council DATE: January 27, 2011 ITEM: Annual Review of St Croix Boat and Packet Co. and Gondola on the St Croix wharfage permits CC DATE: February 1, 2011 REVIEWERS: Community Development Director PREPARED BY: Michel Pogge, City Planner BACKGROUND As a condition of approval of the special use permit issued for the St Croix Boat and Packet Co., an annual dock permit is required from the City. A part of the review includes a wharfage permit for the Gondola on the St. Croix that uses the public dock for boarding. The St Croix Boat and Packet Co. plans to operate five excursion boats from the docks and provides transient boat dockage for visitors by water. As noted in the permit, no more than four excursion boats and one service boat can be on the site for more than a 24 hour period. The fifth excursion boat will normally be docked at Sunnyside Marina and dock /moor at this dock for repairs and /or passenger loading. The Jubilee II is currently for sale by St. Croix Boat and Packet and they hope to sell it in the near future. Currently St. Croix Boat and Packet does not plan to use the Jubilee II in 2011. Until they sell the Jubilee II they do plan to use it only in cases when one of their other boats breaks down and is not available for service. Due to this, the staff proposes that we not charge a fee for the Jubilee II in 2011 similar to what the City did in 2010. Annual Review of St Croix Boat and Packet Co. and Gondola on the St Croix wharfage permits Page 2 Total trips in 2010 were up for the first time since 2004 with over 16,000 more passengers in 2010 compared to 2009. However, the passenger count remains well under the 2004 peak by over 16,000 passengers. The 2010 trips and passenger counts were as follows: St. Croix Boat and Packet Co. Charters Excursions Boats Trips Passengers Trips Passengers Jubilee II 16 1,410 4 203 Majestic Star 86 14,368 2 238 Anastasia 64 2,480 3 44 Andiamo Showboat 151 9,265 121 6,117 Empress Andiamo 54 5,153 124 12,750 Avalon 36 11,534 109 25,119 Total 407 44,210 363 44,471 The gondola booked 1000 + /- passengers in 2010. The 2011 dock permit includes an increase of $50.00 per boat (3 percent increase) or $300.00 total over the 2010 permit. The fees for 2011 are $1,700.00 per boat (5 charter boats and 1 service boat) for a total of $10,200. STAFF RECOMMENDATION The City Council approve the 2011 dock permit. Attachments: Proposed 2011 Dock Permit DOCK PERMIT Pursuant to Chapter 48.6 of the Stillwater City Code, the Stillwater City Council ( "City ") hereby grants to the St. Croix Boat and Packet Company ( "Company ") a Dock Permit upon the following terms and conditions: 1. LOCATION. The Dock may be maintained in the St. Croix River south of East Nelson Street. 2. OTHER RULES. The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources. Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U.S. Coast Guard regulations. 3. NO GAS PUMPS. No gas pump may be located on the dock. 4. NO DISCRIMINATION. The Company may not discriminate against any person on the basis of race, creed, national origin, sex or social status. 5. WATER FRONT REGULATIONS. The Company must abide by all rules and regulations and restrictions set forth in Chapter 48.6 of the Stillwater City Code relative to the waterfront. 6. SPECIAL USE PERMIT. The Company must abide by the conditions as set forth in the Special Use Permit (SUP /88 -00) issued to Company by the Stillwater City Council, dated July 18, 2000. 7. SCHEDULE OF FEES AND REPORT OF ACTIVITY. Upon request of the City, the Company must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year. The activity report must state the number of boating trips made each week and the number of passengers carried during the week. 8. INSURANCE. The Company must provide to the City proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims arising out of a single occurrence, covering claims arising out of the activates authorized by this permit, and to name the City as an additional insured on this policy "as their interest may appear ". 9. PUMP OUT PRIVILEGES. The Company must provide pump -out privileges for marine heads for any boater requesting this privilege at the same rate and fee charged to boats that are moored at the dock for a fee. 10. INSPECTIONS. The City reserves the right to request inspections of heads, electrical systems or other unsafe conditions on or about the dock or any vessel moored thereto. 11. USAGE. The moorage at the dock facilities is limited to four (4) charter /excursion boats and one (1) service boat not exceeding 26 feet in length. Up to one (1) additional charter /excursion boat or vessel may dock/moor at the dock facilities as permitted by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources for repairs and /or passenger loading. The Company must accommodate a reasonable number of public "walk on" passengers and Company must also accompany a reasonable number of transient boats. In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U.S. Army Corp of Engineers and the Minnesota Department of Natural Resources. 12. PERMIT FEE. The annual permit fee is $1,700.00 for each of the four charter /excursion boats that are normally docked at this site. Additionally the company shall pay an annual permit fee of $1,700.00 for the right to dock, repair at and /or load passengers for one additional boat that normally is kept at a different dock. The boat normally kept at a different dock shall not remain at this dock for a period to exceed 24 hours at a time. Finally, an annual permit fee of $1,700.00 shall be paid for the transient and Company boat docks. The total permit fee for 2011 shall be $10,200.00. 13. TRANSIENT BOATS. Transient boats are defined as vessels that use the dock as a stopover privilege on a trip that does not originate from the dock. Transient boats must be limited to dock up to not more than 24 hours per stay. "Bareboat" charter vessels are considered transient boats if the origination of the trip, including loading of passengers, takes place elsewhere. -2- • 14. PARKING. The City reserves the right to request the Company's assistance in assuring that patrons and guests of the Company will park in a designated municipal parking lot. 15. FIRES. No person may build a fire in any area of the docking premises or in any vessel moored at the dock. 16. OBSTRUCTIONS. The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation. 17. STORAGE. The City is not responsible for storage of the docks during the off - season and the Company must abide by any decision of the City with regard to storage. 18. RESERVATION OF RIGHTS. The City reserves the right to add or amend these rules when needed to protect the health, safety and welfare of the City. 19. RIGHT OF ENTRY. The Company agrees to grant the City a right of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase III of the Stillwater Levy Wall project during the year 2011, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act. 20. DURATION. The duration of this permit is from January 1, 2011 through December 31, 2011. 21. TERMINATION. This permit may be terminated by the City at anytime it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this peiiiiit. Dated this of , 2011. CITY OF STILLWATER By: Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk - 3 - MINNESOTA F If I MDH DEPARTMENToF HEALTH Protecting, maintaining and improving the health of all Minnesotans January 13, 2011 • Stillwater City Council c/o Ms. Diane Ward, Clerk Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Council Members: SUBJECT: Stillwater Water Supply, Washington County, PWSID 1820024 We are enclosing a copy of the report of our district office covering a routine inspection of your community water supply. The Minnesota Department of Health is monitoring your public water supply system for contaminants required by state and federal drinking water rules. However, the results of the monitoring are not part of this investigation report but are sent to you under separate cover as they become available. If you have any questions concerning the information contained in this report, please contact me at 651/201 -3972. Sincerely, e X Chad M. Kolstad, P.E. Community Public Water Supply Unit Environmental Health Division Snelling Office Park St. Paul, Minnesota 55108 CMK Enclosures cc: Water Superintendent • General Information (651) 201 -4700 TDD: (651) 201 -5797 Minnesota Relay Service: (800) 627 -3529 www.health.state.mn.us For directions to any of the MDH locations, call (651) 201 -5000. An equal opportunity employer. MINNESOTA MINNESOTA DEPARTMENT OF HEALTH MDH Secti of Drinking Water Protection Sanitary Survey Findings • DEPARTMENT OF HEALTH 4 ' Water r System Name: Stillwater Survey Date: 11/02/2010 PWSID: 1820024 Surveyor: Cfi M.rArd, P.E. System Contact: Robert Benson Surveyor Signature: 1, The findings below identify sanitary risks that may impact water quality, inform the water supply owner of applicable responsibilities, and /or provide guidance related to water system operation and maintenance. Water Source The Third Street Station Source (Well No. 1) has many features that make it vulnerable to contamination. The following are recommendations the Board should consider implementing to keep this a safe source of drinking water: - Samples for total coliform bacteria should be taken at least annually. - Completion of the Wellhead Protection Plan, which includes determining the 10 year zone of capture for the spring, should be made a priority. - The well casings west of the pump station should be inspected at least monthly to assure no leakage of any contaminants into the well has taken place. - All of this information should be documented to prove that the well is being maintained as a safe and reliable source of water for the city. Pumps /Pump Facilities and Controls The open end of the vacuum /air release valve at Well No. 12 shall terminate at least 18 inches above -grade and be screened. Treatment All chemical barrels should be labeled as to their contents. The fluoride injection point at Well No. 1 shall be moved to the lower half of the pipe. ; Water Storage No deficiencies or recommendations reported. [Distribution - System is flushed once a year. Monitoring /Reporting Data Verification The free chlorine residual in the distribution system should be monitored at least once per day and a daily log of chlorine residuals maintained. • Page 1 of 2 MINNESOTA MINNESOTA DEPARTMENT OF HEALTH DH Section of Drinking Water Protection Sanitary Survey Findings DEPARTMENT OF HEALTH Water P System Name: Stillwater Survey Date: 11/02/2010 PWSID: 1820024 Surveyor: Chad M. 9 st d P.E. System Contact: Robert Benson Surveyor Signature: 'I7), The findings below identify sanitary risks that may impact water quality, inform the water supply owner of applicable responsibilities, and /or provide guidance related to water system operation and maintenance. Monitoring /Reporting Data Verification The following records shall be maintained by the water supply system a. Coliform bacteria results - 5 years b. Chlorine residual results - 5 years c. Chemical results - 10 years d. Sanitary survey reports - 10 years e. All lead and copper materials - 12 years f. Consumer confidence reports - 3 years g. Turbidity results - 3 years h. Public notices - 3 years i. Fluoride quarterly results and monthly reports - 1 year Ater System Management/Operation A daily check of critical system components should be conducted to enhance security and ensure that an unauthorized entry has not taken place. Where backflow prevention devices are installed, a regular maintenance and inspection program should be developed to assure proper working order. Inspection intervals should not exceed one year and overhaul intervals shall not exceed five years. Dates of inspections and overhauls shall be recorded on a tag attached to the backflow preventer. - Operator Compliance with State Requirements j The opportunity for additional training in water supply work should be made available to the operator(s). Attendance at the annual waterworks operators seminar, held in the area, is a valuable experience for anyone engaged in this field. Page 2 of 2 Minnesota Department of Health Drinking Water Protection Section Report of Colilert Bacteriological Results and Chlorine Residual Sampled By: Chad Kolstad Date: PWS Name: Stillwater PWSID: 1820024 Result Comments No Result Comments Listed Sample Results Chlorine Residual Coliform Field # Sampling Location Free / Total (mq /L) Bacteria E.Coli 410094 Well #1 / Absent 410095 Well #5 / Absent 410096 Well #6 / Absent 410097 Well #8 / Absent 410098 Well #9 / Absent 410099 Well #10 / Absent 410100 Well #11 / Absent 410101 Well #12 / Absent 410101 Office 0.50 / 0.60 Absent 410102 Oak Glen Golf Course 0.30 / 0.40 Absent 410103 Avada 0.40 / 0.50 Absent 410104 Lucky Station 0.30 / 0.30 Absent 410105 Associated Eye Care 0.20 / 0.30 Absent M I N N E S O T A MINNESOTA DEPARTMENT OF HEALTH ' ) H SECTION OF DRINKING WATER PROTECTION DEPARTMENT OF HEALTH Public Water Supply Inventory Report #i � Water 1 Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad System Information BASIC DATA Owner Type: Municipal System Class: C Service Connections: 5,685 Population Served:17,125 Class Points: 45 Survey Date: 11/02/2010 Service Area Characteristics: Municipal- (Primary) PRODUCTION TOTALS Design Capacity: Emergency Capacity: 1,353,600 Gallons per Day Average Daily: 2,138,400 Gallons Storage Capacity: 3,250,000 Gallons Highest Daily: 5,329,000 Gallons ADDRESSES AND LOCATIONS Type Address Financial Board of Water Commissioners c/o Mr. Robert Benson, Secretary 204 North Third Street P.O. Box 242 Stillwater, MN 55082 Location 204 North Third Street Stillwater, MN 55082 -0242 Owner /Responsible Party Stillwater City Council c/o Ms. Diane Ward, Clerk Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Sample Bottles /General Stillwater Water Superintendent Correspondence 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 CONTACTS Type Name Phone /Email Number /Address Contact Robert Benson Business Phone 1 651/439 -6231 Email rbensonwaterboard @gwestoffice.n Kellie Knowles Business Phone 1 651/439 -6231 Emergency Workday Robert Benson Business Fax 651/439 -4061 Business Phone 1 651/439 -6231 Emergency After -Hours On -call cell Cell Phone 612/419 -8581 Robert Benson Home Phone 1 651/351 -7281 Stillwater Fire Dept. Business Phone 1 651/351 -4950 Tom Corman Home Phone 1 651/439 -2400 1/13/2011 Page 1 of 6 urn-mu MINNESOTA DEPARTMENT OF HEALTH MDH SECTION OF DRINKING WATER PROTECTION DEPARTMENT OF HEALTH Public Water Supply Inventory Report v . Water ?i Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad OPERATORS • Name Class Expiration Date Name Class Expiration Date Benson, Robert G. B 06/30/2013 Corman, Thomas N. C 06/30/2012 Crimmins, John A. C 05/31/2013 Knowles, Kellie A. C 05/31/2013 Straus, Andrew L. C 05/31/2012 Tibbetts, James T. C 05/31/2013 Storage Information Name: Laurel Street Links to: Distribution System Type: Storage- Ground Availability: Primary Status: Active Capacity: 500,000 Gallons Name: Lilly Lake Links to: Distribution System Type: Storage- Standpipe Availability: Primary Status: Active Capacity: 750,000 Gallons Name: Settlers Avenue Links to: Distribution System Type: Storage- Ground Availability: Primary Status: Active Capacity: 1,500,000 Gallons Name: Tower Drive Links to: Distribution System Type: Storage - Elevated Availability: Primary Status: Active Capacity: 500,000 Gallons Source Information Name: Well #1 Source Type: Groundwater Type: Well Design Capacity (gpm): 550 Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00208785 Year Constructed: 1888 Drawdown (ft): 0 Well Depth (ft): 83 Static Depth (ft): 20 Screen Length (ft): None Casing Depth (ft): 83 Casing Diameter (in): 0 Pump type: Centrifugal Pump Capacity (gpm): 550 Pumping Rate (gpm): 550 Aquifer(s): Insufficient data available Name: Well #10 Source Type: Groundwater Type: Well Design Capacity (gpm): 1100 Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00481662 Year Constructed: 1993 Drawdown (ft): 11 Well Depth (ft): 300 Static Depth (ft): 109 Screen Length (ft): None Casing Depth (ft): 210 Casing Diameter (in): 18 Pump type: Vertical Turbine Pump Capacity (gpm): 1100 Pumping Rate (gpm): 1100 Aquifer(s): Jordan 1/13/2011 Page 2 of 6 M I N N E S O T A MINNESOTA DEPARTMENT OF HEALTH MDH S EC TION OF DRINKING WATER MNT DEPART Public Water Supply Inventory Report o Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad Source Information Name: Well #11 Source Type: Groundwater Type: Well Design Capacity (gpm): 940 Status: Active Emergency Capacity (gpm): 940 Availability: Primary Well Data Unique Well No.: 00580338 Year Constructed: 2000 Drawdown (ft): 6 Well Depth (ft): 200 Static Depth (ft): 24 Screen Length (ft): None Casing Depth (ft): 120 Casing Diameter (in): 18 Pump type: Vertical Turbine Pump Capacity (gpm): 940 Pumping Rate (gpm): 940 Aquifer(s): Prairie Du Chien - Jordan Name: Well #12 Source Type: Groundwater Type: Well Design Capacity (gpm): Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00686297 Year Constructed: 2009 Drawdown (ft): 20 Well Depth (ft): 245 Static Depth (ft): 51 Screen Length (ft): None Casing Depth (ft): 173 Casing Diameter (in): 24 Pump type: Vertical Turbine Pump Capacity (gpm): 1250 Pumping Rate (gpm): 1250 Aquifer(s): Jordan Name: Well #5 Source Type: Groundwater Type: Well Design Capacity (gpm): 1060 Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00208786 Year Constructed: 1963 Drawdown (ft): 18 Well Depth (ft): 220 Static Depth (ft): 72 Screen Length (ft): None Casing Depth (ft): 155 Casing Diameter (in): 24 Pump type: Vertical Turbine Pump Capacity (gpm): 1060 Pumping Rate (gpm): 1060 Aquifer(s): Jordan Name: Well #6 Source Type: Groundwater Type: Well Design Capacity (gpm): 390 Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00208787 Year Constructed: 1969 Drawdown (ft): 21 Well Depth (ft): 269 Static Depth (ft): 178 Screen Length (ft): None Casing Depth (ft): 202 Casing Diameter (in): 24 Pump type: Vertical Turbine Pump Capacity (gpm): 390 Pumping Rate (gpm): 390 Aquifer(s): Jordan 1/13/2011 Page 3 of 6 M I N N E S O T A MINNESOTA DEPARTMENT OF HEALTH . mD S ECTION OF DRINKING WATER PROTECTION DEPARTMENT OF HEALTH Public Water Supply Inventory Report a *, °watate' � Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad • Source Information Name: Well #8 Source Type: Groundwater Type: Well Design Capacity (gpm): 1100 Status: Active Emergency Capacity (gpm): Availability: Primary Well Data Unique Well No.: 00224608 Year Constructed: 1973 Drawdown (ft): 7 Well Depth (ft): 242 Static Depth (ft): 70 Screen Length (ft): None Casing Depth (ft): 166 Casing Diameter (in): 24 Pump type: Vertical Turbine Pump Capacity (gpm): 1100 Pumping Rate (gpm): 1110 Aquifer(s): Jordan Name: Well #9 Source Type: Groundwater Type: Well Design Capacity (gpm): 1050 Status: Active Emergency Capacity (gpm):' Availability: Primary Well Data Unique Well No.: 00127284 Year Constructed: 1978 Drawdown (ft): 23 Well Depth (ft): 305 Static Depth (ft): 113 Screen Length (ft): None Casing Depth (ft): 224 Casing Diameter (in): 20 Pump type: Vertical Turbine Pump Capacity (gpm): 1050 Pumping Rate (gpm): 1050 Aquifer(s): Jordan Treatment Information Name: Well #1 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 550 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid Name: Well #10 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 1100 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas • Fluoride (Z) Fluoridation /Hydrofluosilicic acid • 1/13/2011 Page 4 of 6 I N N E S O T A MINNESOTA DEPARTMENT OF HEALTH MDH SECTION OF DRINKING WATER PROTECTION DEPARTMENT OF HEALTH Public Water Supply Inventory Report a g Water Pa Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad Treatment Information Name: Well #11 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 940 Gallons per Minute Status: Active Emergency Capacity: 940 Gallons per Minute Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid Name: Well #12 Source Water: Groundwater Type: Treatment Plant Design Capacity: 1250 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Name: Well #5 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 1060 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid Iron /Manganese Sequestration Stabilization /Inhibitors /Polyphosphates Name: Well #6 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 390 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid Name: Well #8 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 1100 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid 1/13/2011 Page 5 of 6 M I N N E S O T A MINNESOTA DEPARTMENT OF HEALTH MDH SECTION OF DRINKING WATER PROTECTION DEPARTMENT OFHEALTH Public Water Supply Inventory Report 19 Water 0 Name: Stillwater PWSID: 1820024 PWS Type: Community County: Washington Regulatory Authority: DWP District Engineer: Chad M. Kolstad Treatment Information Name: Well #9 Entry Point Source Water: Groundwater Type: Treatment Plant Design Capacity: 1050 Gallons per Minute Status: Active Emergency Capacity: Availability: Primary Treatment Data Objective Process Mechanism Disinfection Chlorine /Gas Fluoride (Z) Fluoridation /Hydrofluosilicic acid 1/13/2011 Page 6 of 6 STILLWATER TOWN BOARD MEETING January 13, 2011 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Jim Hiniker, Linda Countryman, David Johnson and Matt Beane, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Sherri Buss and Treasurer Marsha Olson. 1. AGENDA - M /S /P Beane /Hiniker moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Hiniker /Beane moved to approve the 12/9/10 Stillwater Town Board Meeting minutes as amended. [The last line of item 10. should read: "Some items could be combined. The planning commission will discuss these ideas at their next meeting. "] (5 ayes) 3. TREASURER - a) Report given. There will be more discussion at the budget meeting. b) Budget meeting - There will be a budget meeting on January 20, 2011 at 7:00 pm c) Bond for Treasurer - Treasurer Marsha Olson had received a notice from Washington County that they need record of a bond for the Treasurer on file. The Minnesota Association of Townships has a blanket bond that will come up in February. d) Checks and claim - The following checks and claims were approved for payment. Claim # Vendor Amount 4411 Campbell, Knutson, PA $3,023.16 4410 American Flagpole 144.37 4412 Minnesota Association of Townships 982.22 4413 Maroneys Sanitation, Inc. 150.90 4415 Department of Labor & Industry 235.39 4416 Kathleen Nelson 12.12 4417 Stephen Nelson 1,010.00 4418 Marsha Olson 44.00 4419 On Site Sanitation 512.18 4420 QWEST 101.08 4421 Robert P. Ranalla Sr 48.64 4422 Robert P. Ranalla Jr 276.97 4423 Kathryn Schmoeckel 59.23 4424 TKDA 3,701.81 4425 Valley Green Lawn & Landscape 1,140.88 4426 Washington Co. Public Safety Radio 100.02 4427 Washington County 3,479.65 4428 Xcel Energy 141.87 4414 MFRA 2,549.60 • Stillwater Town Board Mtg. — 1/13/11 Page 2 4429 PERA 244.48 4430 Internal Revenue Service 537.62 4431 Minnesota Department of Revenue 29.23 Beane, Matthew R 227.84 Nelson, Kathleen M 185.00 Nelson, Stephen W 1,113.33 Olson, Marsha Ann 641.40 Ranalla, Michael ] 202.85 Ranalla Sr., Robert P 649.20 Schmoeckel, Kathryn G 580.64 4. ATTORNEY - a) Bruette Roofing - Attorney Soren Mattick and Mr. Bruette's attorney Kevin Shoeberg had discussed reimbursing the Township for costs incurred. The suggested amount was $400. Bruette will designate an employee to have the responsibility for clean -up at the end of the day. Any future noncompliance issues would not preclude reference to past noncompliance issues. Soren Mattick will prepare an agreement for Mr. Bruette to sign. b) Lake Elmo detachment - Soren Mattick gave an update. He had told the Lake Elmo attorney that Stillwater Township is aware of this issue and have not taken a position. We are interested, but neutral parties. We should expect some notice of future meetings. Kris Nass, the applicant, was present and gave a history of their property and why they are looking for this. The possible benefit to the Township would be tax revenue for a brief time and also having some input on the rational development of this property. Mr. Nass and Mr. Buberl would like to help the Township with any expenses they incur. David Johnson will attend the meeting that is scheduled for Friday, January '14. 5. PLANNER - a) Dixon horses - Gary Dixon is a blacksmith who frequently works in Stillwater Township. He is taking care of the house at 14044 107 Street and there have been zoning violations with the number of horses. He expects the horses to be out of there by April. Planner Sherri Buss will write to tell him that if the horses are not gone by April 1 it will be a zoning violation. He must also deal with the manure situation after the snow has melted and no additional manure can be piled within neighbors' setbacks. b) Fee Schedule - Suggested changes were discussed. M /S /P Countryman /Beane moved to hold a public hearing on the fee schedule at the February 10, 2011 Town Board meeting. c) Planning Commission Update - Sherri Buss reviewed the issues discussed at the last planning commission meeting with respect to zoning ordinance updates. There will be a public hearing at the planning commission's March meeting to discuss temporary accessory structures. Residents who currently have temporary structures should be notified that if they have additional temporary structures, they will need a permit. Regarding Certificates of Compliance, the fee will be increased to accommodate filing. Stillwater Town Board Mtg. — 1/13/11 Page 3 6. CLERK - ` a) All Hazard Mitigation Plan - The representatives at the County will be invited to a future Town Board meeting to discuss. b) Insurance - Our insurance agent had provided a breakdown of coverages and corresponding premiums. Some of the coverage amounts seem high. The Clerk will review with the agent item by item insurance coverage amounts and valuations. 7. PARK COMMITTEE - We have received a $4,000 SHIP grant for a disc golf course. Planner Sherri Buss will provide topographical maps of Arcola Heights Park. An informational meeting with residents will be held at the next Park Committee meeting. 8. COMMUNICATION COMMITTEE - They will be meeting next Wednesday. The next newsletter is due out the third week in February. 9. PLANNING COMMISSION - They discussed possible workshops at their last meeting. They should be mentioned in the newsletter. 10. PROJECTION SYSTEM - Matt Beane will meet with Johnny's TV to get a price for the system and installation. More discussion at the next meeting. 11. ORGANIZATIONAL ISSUES - Committee assignments will remain the same. There was discussion about the possibility of having a permanent (annual) chair which would provide consistency throughout the year. More discussion at the next meeting. 12. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. Clerk Chairperson Approved Washington Board of Commissioners Dennis C. Hegberg, District 1 _ Ol.Y.nty Bill Pulkrabek, District 2 aa.• �� Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA FEBRUARY 1 - 9:00 A.M. 1. 9.00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health and Environment — Amanda Strommer, Project Manager Comments to the Minnesota Pollution Control Agency — Reissuance of the National Pollutant Discharge Elimination System/State Disposal System Permit for the 3M Cottage Grove Wastewater Treatment Facility 5. 9:25 Public Works — Don Theisen, Director Public Buildings Enhanced Energy Efficiency Program (PBEEP) Investigation Phase Agreement 6. 9:35 General Administration — Jim Schug, County Administrator Legislative Update 7. 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:05 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 February 1 Interview Applicant for Library Board Opening 8:30 a.m. Washington County Government Center February 1 Personnel Committee 10:15 a.m. Washington County Government Center February 1 Finance Committee 10:45 a.m. Washington County Government Center February 2 Metro Emergency Services Board Executive Committee 10:30 a.m. 2099 University Avenue — St. Paul February 3 Minnesota High Speed Rail 10:00 a.m. 484 West 5 Street — Red Wing February 3 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 // vn„ nanr/ aecictanru , ,a f . Airahi/if� nr lang.uga harrier n /n�ra na // loni 1 450 Fenn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 1, 2011 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the January 18, 2011, County Board meeting minutes. B. Approval to appoint Nathaniel Saltz to the Family Homeless Prevention and Assistance Citizen Advisory Committee as a provider of emergency shelter, to a first term expiring June 30, 2013. Accounting and Finance C. Approval to close the 420 and 440 capital project funds that have been fully expended. Information Technology D. Approval of a data/voice cabling contract with Network Design, Inc. for the period of February 1, 2011 through January 31, 2012. Public Health and Environment E. Approval of licenses for the use of real property for the collection of household hazardous waste at the following locations: Hugo, April 24; Cottage Grove, May 1, Stillwater, May 15, Forest Lake Transit Center, June 5 and September 18, and Hugo, October 2. *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. \Vashi C. Hogberg, District 1 C Bill Pulkrabek, Chair, District 2 ii.• �� Gary Kriesel, District 3 Myra Peterson, District 4 Lisa Weik, District 5 BOARD AGENDA JANUARY 25, 2011- 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Don Theisen, Director A. Update on Fuel Consortium Program for 2011 B. Resolution — Capital Grant Agreements with Counties Transit Improvement Board for Red Rock Corridor Projects C. 2025 Government Center Campus Improvements Project Change Orders D. Change Order #1 to County State Aid Highway 18 (Bailey Road) with North Valley, Inc. E. Construction Change Documents on the 2010 Overlay Project Contract with Hardrives, Inc. F. Hardwood Creek Trail Pedestrian Bridge Construction Project with S.M. Hentges, Inc. G. County State Aid Highway 18 Construction Project with Hardrives, Inc. H. Change Orders — County Road 83 Bridge Construction with Robert R. Schroeder Construction I. Final Payment to MN Department of Transportation and Budget Increase for County Share of Bridge, Roadway, Signal and Utility Relocation Construction on 494 and Valley Creek Road 5. 9:55 General Administration — Molly O'Rourke, Deputy Administrator Legislative Update 6. 10:05 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. 7. Board Correspondence 8. 10:25 Adjourn 9. 10:30 to 11:15 — Board Workshop with Community Services and Public Health and Environment Identification and Access to Services for Families with Special Needs 10. 11:15 to 12:00 — Board Workshop with Public Health and Environment Preview of Resource Recovery Issues ** *MEETINGS LISTED ON BACK Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMRJYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JANUARY 25, 2011 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the December 21, 2010, January 4 -and 11, 2011 County Board meeting minutes. Community Services B. Approval to add up to three children's mental health oriented members to the Local Mental Health Advisory Council, along with making the necessary by -law changes. Human Resources C. Approval to add a .2 Full Time Equivalent (FTE) to a vacant .8 FTE Legal Assistant position in the County Attorney's Office. D. Approval of two -year Special Project Engineer I position in Public Works Department. E. Approval to add a .08 FTE to a .72 Transportation Coordinator position in the Public Works Department. Public Works F. Approval of resolution to enter into a Limited Use Permit with the Minnesota Department of Transportation (MnDOT) for the portions of the sidewalk and multi- purpose trail along County State Aid Highway 2 that lie within MnDOT right -of -way. G. Approval to execute Cooperative Agreements with Ramsey County, Woodbury, and Maplewood for signal maintenance on County State Aid Highway 25, Century Avenue, and County State Aid Highway 16, Valley Creek Road. Sheriff's Office H. Approval of resolution filling the Office of Medical Examiner and Coroner and approval of contract with Ramsey County for services of the Ramsey County Office of the Medical Examiner. I. Approval of resolution authorizing the Washington County Sheriff's Office to enter into a Joint Powers Agreement with the City of Bayport for the purchase of fuel for the purpose of providing law enforcement services. J. Approval of resolution authorizing the Washington County Sheriff's Office to enter into a Joint Powers Agreement with the City of Oak Park Heights for the purchase of fuel for the purpose of providing law enforcement services. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location January 24 Metro Alliance for Health Families 11:30 a.m. 1 Mendota Road — West St. Paul January 24 Library Board 6:00 p.m. 8595 Central Park Place - Woodbury January 25 Metro Mosquito Control, Exec. Comm. 9:00 a.m. 2099 University Avenue West — St. Paul January 26 Solid Waste Management Coord. Board 10:30 a.m. 2099 University Avenue West — St. Paul January 27 Community Corrections Advisory Board 7:30 a.m. Washington County Government Center January 27 Resource Recovery Project Board Meeting 9:00 a.m. 2785 White Bear Avenue - Maplewood January 27 Red Rock Corridor Commission 3:30 p.m. Cottage Grove City Hall Summary of Proceedings Washington County Board of Commissioners January 18, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported he attended the Minnesota Counties Intergovernmental Trust, the Community Action Program Finance Committee, and the Transportation Advisory Board Policy Committee meetings last week; - Commissioner Lehrke — reported she toured the Public Works North Shop last week; met with the Library Director; and attended her first MELSA meeting; - Commissioner Weik — reported she attended the county's legislative meeting, the Metropolitan Emergency Services Board, and the Gateway Corridor Commission where she was elected chair for 2011; she has been made aware that there is a District 5 opening on the Washington Conservation District Board which will interview applicants and make the appointment to fill that position until the next general election; - Commissioner Kriesel — reported he attended the Metropolitan Emergency Services Board meeting and was appointed to the legislative committee; he attended an event in Forest Lake for Commissioner Hegberg at the Legions; he also met with the Stillwater Bridge Coalition. Community Corrections Approval of the following actions: - Renew purchase of service agreements with White Bear Lake Community Counseling Center, Lakes Area Youth Service Bureau, and Youth Services Bureau, Inc. to provide diversion, community work service, education, and early intervention services; - 2011 purchase of service agreement with Human Services Inc., for domestic abuse treatment, the PLACE Program, Community Options Program Adolescent Insight, and adult psychosexual evaluations. Community Services Approval of addendum to the master grant agreement and Workforce Investment Act Plan with the Minnesota Department of Employment and Economic Development allocating additional grant funding for services to approximately 60 individual recently laid off from EcoWater Systems. County Attorney Approval of changes in the Health Insurance Portability and Accountability Act policy. General Administration Approval of the following actions: - County comments on the City of Oakdale's proposed Tax Increment Financing District No. 2 -11 and Modification to Tax Increment Financing District 2 -6; - 2011 legislative session has begun; staff to watch if the legislature lowers the business property tax will the tax burden switch from business to residential; - Board correspondence was received and placed on file. Library Approval of contract with OverDrive allowing the Library to purchase licensing for library materials in digital format for a four year period. Public Health and Environment Approval to renew two -year agreements with the cities of Hugo, Lake St. Croix Beach, and Pine Springs to provide individual sewage treatment system inspection services. Public Works Approval of the following actions: - Amendment No. 1 to appraisal contract with Lake State Realty Services, Inc. for the County State Aid Highway 2 construction project; - Amendment #1 to the SRF Consulting Group contract for construction inspection services on the CR 83 overpass construction contract, and Amendment #2 to the SRF Consulting Group contract for final design services contract for the development of the Broadway Avenue improvement project in the City of Forest Lake; - Board workshop held to review the Counties Transit Improvement Board agenda scheduled for January 18, 2011. Sheriff's Office Adoption of Resolution No. 2011 -006, 2011 City of Stillwater Joint Powers Agreement for storage of the Sheriff's air boat and trailer in the city facilities. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners January 11, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported he met with the Rice Creek Watershed District to discuss mitigation on minor maintenance of judicial ditches and road projects that how mitigation increases the cost of these projects; he received a call that the Department of Agricultural will be spraying for Gypsy Moths in the City of Grant and that it wouldn't have any impact on humans or other insects; - Commissioner Weik — reported that she attended the Metropolitan Mosquito Control and was named to the Executive committee; she attended the Metropolitan Energy Policy Coalition last week and heard a presentation of Public Buildings Enhanced Energy Efficiency Program that the county is currently involved in; she attended the Woodbury Lions meeting last week; she attended the 2011 legislative priorities dinner hosted by the Minnesota Chamber of Commerce; and she attended a Woodbury Chamber of Commerce event to celebrate the opening of the Woodbury Jazzercise facility; - Commissioner Lehrke — reported she met with local officials from Cottage Grove and Newport last week; she met with Northern Tier Energy, which bought out Marathon, she met with the Department of Public Works and the Library Director; and she attended an open house for the Red Rock Corridor; - Commissioner Kriesel — reported he attended a St. Croix River Crossing meeting. Community Corrections Approval of the following actions: - Purchase of service agreement with Tubman for services provided to victims and families of domestic violence; - Renew contract with Penticoff Community Counseling, Inc., Megan L. Sigmon - Olsen, LGSW, and Renewal Counseling Services, Inc. for Multi- Systemic Therapy, a researched - based, intensive, in -home therapy program and alternative to juvenile residential placement. County Attorney Approval of the following actions: - Personal leave of absence for Cathy Rochel to accept an appointment to Executive Assistant to the County Attorney; - Executive Session held to discuss the possible purchase of approximately 9.5 acres of the Austin parcel for inclusion into the Cottage Grove Ravine Regional Park. General Administration Approval of the following actions: • - Jim Stark, Metropolitan Mosquito Control, presented a 2010 program review regarding mosquitoes, black flies, ticks, outreach and disease; and, an update on the 2011 budget and plans for 2011; - Changes to 2011 Commissioner appointments: Association of Minnesota Counties, District X — Commissioner Weik, Commissioner Kriesel Alternate; Gateway Corridor Commission — Commissioner Weik, Commissioner Kriesel, Alternate; Gateway Corridor Alternatives Analysis Study Policy Committee — Commissioner • Weik and Commissioner Kriesel; and Metropolitan Mosquito Control Executive Commission — Commissioner Weik; - The County Board will meet with its Legislative Delegation this evening at the Oak Marsh Golf Club in Oakdale at 5:00 p.m.; - Board workshop held to prepare for this evening's discussion with the Washington County Legislative Delegation. Property Records and Taxpayer Services Approval of the following actions: - Contracts for assessing services with the cities of Lake St. Croix Beach, Cottage Grove, Landfall, St. Mary's Point, and Pine Springs; - Resolution No. 2011 -004, 2010 Help America Vote Act election equipment grant request. Public Health and Environment Approval of the following actions: - Appoint Steve Kernik, Woodbury, to the Groundwater Advisory Committee to a first term expiring December 31, 2012; - Agreement with the University of Minnesota Extension for calendar year 2011; - Resolution No. 2011 -005, amended and restated joint powers agreement for the Metro Alliance for Healthy Families and as a current Minnesota Counties Intergovernmental Trust Member authorize the sponsorship of the Metro Alliance for Health Families for membership in the Minnesota Counties Intergovernmental Trust. Regional Railroad Authority Approval of the following actions: - Commissioner Hegberg elected Chair, Commissioner Weik elected Vice Chair, of the Regional Railroad Authority for 2011; - Financial Management Services Agreement with the Gateway Corridor Commission. Sheriff's Office Approval of a personal leave of absence for Daniel Starry to accept an appointment to Chief Deputy Sheriff to the County Sheriff. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. 1128/2011 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions FEBRUARY 22 Introduction of Judge Jude to the Washington County Board of Commissioners Prior to Board Meeting (8:45 to 9:00) FEBRUARY Workshop — Public Information MARCH 8 Workshop — Library Strategic Planning APRIL Workshop — Social Media JUNE 21 County Board of Appeal — 5:00 p.m. The County Board will meet as the County Board of Appeal at 5:00 p.m. with a second meeting date of June 28. FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concems. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS January 31, 2011 Base Rate Group Residential Housing — Community Services February 4, 2011 RFP for independent Rental Housing Opportunities for Adults with Disabilities C: \Documents and Settings \nmanos \Local Settings \Temporary Internet Files\ Content .Outlook \YINAOM9V\Preview.doc Summary of Proceedings Washington County Board of Commissioners January 4, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Board Chair and Vice Chair for 2011 Commissioner Kriesel was elected Chair and Commissioner Hegberg elected Vice Chair for 2011. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported he attended the City of Forest Lake council meeting and congratulated Mayor Stev Stegner, and Councilperson Bo Bogotty for their service to the City of Forest Lake; and he attended the City of Scandia Council meeting and thanked Mayor Dennis Seefeldt for his services; he also attended the swearing in ceremony for Judge Tadd Jude; - Commissioner Weik — reported that during the week of Christmas she attended a community leader presentation at Woodwinds Hospital in Woodbury; - Commissioner Kriesel — reported he also attended the swearing in ceremony for Judge Tadd Jude; and he attended Nick Young's retirement at Public Works. Community Services Approval of the 2011 -2012 contract with Rule 36 Limited Partnership of Duluth III to fund services for intensive Residential Treatment Services and Residential Crisis Stabilization Services for the uninsured at their Willow Haven facility in Lake Elmo. General Administration Approval of the following actions: - 2011 Board meetings set for the first four Tuesdays of each month (excluding any Tuesday which is a legal holiday) at 9:00 a.m.; - December 9 and 14, 2010 Board meeting minutes; - 2011 citizen appointments /reappointments to advisory committees; District 1 - Alice Smith, Historic Courthouse Advisory Council; Daniel Parnell, Mental Health Advisory Council; District 2 - Stanley Karwoski, Parks and Open Space Commission; Joseph Rheinberger, Public Health Emergency Preparedness Advisory Committee; District 3 - Kirsta Benson, Historic Courthouse Advisory Council; Kuchen Meyer, Housing and Redevelopment Authority; Terry Zoller, Planning Advisory Commission; Marguerite Rheinberger, Public Health Emergency Preparedness Advisory Committee; District 5 - Carl Scheider, Community Corrections Advisory Board; Mary Beth Johnson, Public Health Emergency Preparedness Advisory Committee; At Large - Shane Bauer, Board of Adjustment and Appeals; Katoria Kennedy, Community Development Block Grant Citizen Advisory Committee; Mark Frazer, Groundwater Advisory Committee; Robert Bankers, Groundwater Advisory Committee; David Hume, Groundwater Advisory Committee; Richard Thron, Groundwater Advisory Committee; Brian Johnson, Groundwater Advisory Committee; Jennifer Levitt, Groundwater Advisory Committee; Katoria Kennedy, Housing and Redevelopment Authority Board; Becky Meyer, Minnesota Extension Committee; Vincent Anderson, Personnel Board of Appeals; Daniel Bigham, Public Health Emergency Preparedness Advisory Committee; James Huffinan, Public Health Emergency Preparedness Advisory Committee; Donna Honeyman, Public Health Emergency Preparedness Advisory Committee; Sheriff Bill Hutton, Law Enforcement Representative, Public Health Emergency Preparedness Advisory Committee; Robert Livingston, Public Health Emergency Preparedness Advisory Committee Joseph Moore, III, Public Health Emergency Preparedness Advisory Committee; Mark Swenson, Public Health Emergency Preparedness Advisory Committee; County Board Affirmation of the Following Committee Reappointments /Appointments - Mark Kuppe, Community Corrections Advisory Board; Scott Dawson, Community Corrections Advisory Board; Sheriff Bill Hutton, Community Corrections Advisory Board; Anthony Carr, Community Corrections Advisory Board; Robert Rafferty, Mental Health Advisory Council; Anja Kuehne - Welsh, Mental Health Advisory Council, Jeff Treague, Mental Health Advisory Council; Laura Weber, Mental Health Advisory Council; Kenneth Schwarten, Mental Health Advisory Council; - Resolution No. 2011 -001, award of 2011 newspaper publication bids; - Memorial Day appropriation of $100 each, upon request, in 2011 for military service organizations as set out in state statute; - Approval to appoint Edward Marchan to fill an unexpired term to November 13, 2011 to the Valley Branch Watershed District Board of Managers; and appoint Jill Lucas, to a first term expiring November 13, 2013 to the Valley Branch Watershed District Board of Managers; - Molly O'Rourke, Deputy Administrator, took office as the 2011 President of the Minnesota Association of County Administrators; - Wayne Sandberg, Deputy Public Works Director and Deputy Highway Engineer, was named the 2010 Supervisor of the Year by the American Public Works Association, Minnesota Chapter; - Board workshop held to discuss Commissioner committee appointments for 2011; - 2011 Commissioner Committee appointments for 2011. Oaths of Office Oaths of Office were administered to the following: Commissioner Bill Pulkrabek, District 2; Commissioner Autumn Lehrke, District 4; Commissioner Lisa Weik, District 5; County Attorney Peter Orput; and Sheriff William Hutton. Public Health and Environment Approval of the following actions: - Agreement with Shawn Svendsen Cates, Martha Larson, Maraen Marks, and Forest Lake Schools Community Education program to use county property to provide onsite county employee wellness activities; - Amendment to extend the term of contract with Garrison Enterprises, Inc. for a digital health department system to December 31, 2011. Public Works Approval of the following actions: - Change Order No. 1 in the amount of $26,306.17 to County State Aid Highway 13 overlay project with Hardrives, Inc. - Resolution No. 2011 -002, Historic Courthouse Office space lease amendments with the Youth Service Bureau; - Resolution No. 2011 -003, lease agreement extension with Lakeland Plaza, LLC A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota.