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HomeMy WebLinkAbout2011-03-01 CC Packet- IMNIQ 711! 11ETNOLACf IF ■INEECETR REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 1, 2011 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Workshop on TIF projects and financing STAFF REPORTS 2. Police Chief 6. Public Wks Dir /City Engr CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 3. Fire Chief 4. City Clerk 7. Finance Dir. 8. City Attorney 7:00 P.M. AGENDA APPROVAL OF MINUTES 10. Possible approval of February 15, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 4:30 P.M. 7:00 P.M. 5. Community Dev. Director 9. City Administrator OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (Roll Call) 11. Resolution 2011 -34, directing payment of bills 12. Possible approval of waiver of garbage collection charges 13. Possible approval of the abatement of certain special assessments PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 14. Case No. 2011 -02. This is the date and time for a public hearing to consider a request from Craig Johnson for a resubdivision of one lot into two lots located at 1801 Market Drive in the BP- C, Business Park Commercial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. (Resolution — Roll Call) 15. Case No. 2011 -03. This is the date and time for a public hearing to consider a request from Robert Kaufman and Roger Nelson for a Comprehensive Plan Amendment and Zoning Map Amendment for the properties located at 1754 and 1650 Washington Avenue in the BP -I, Business Park Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. (Ordinance — 1 st Reading) UNFINISHED BUSINESS 16. Consider recommendation by the Downtown Parking Commission regarding the parking fee for the Nature Valley Grand Prix event 17. Consider approving an agreement between the City and Chuck Dougherty for acquisition of private property needed for the Pedestrian Walkway (Resolution — Roll Call) 18. Discussion on support of Sunday Off -Sale legislation NEW BUSINESS 19. Possible approval of an equipment upgrade for the municipal parking ramp 20. Possible approval of a request by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot 22. Possible approval to re -hire Part -Time Police Officer position 23. Possible approval of resolution declaring a State of Emergency (Resolution — Roll Call) 24. Possible appointment to Downtown Parking Commission (Resolution — Roll Call PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMM UN ICATIONS /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. • aer TIE OIATNELACE Of •IIIEEOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street March 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. Workshop on TIF projects and financing STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Director 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of February 15, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 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) 11. Resolution 2011 -34, directing payment of bills PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 12. Case No. 2011 -02. This is the date and time for a public hearing to consider a request from Craig Johnson for a resubdivision of one lot into two lots located at 1801 Market Drive in the BP -C, Business Park Commercial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. (Resolution — Roll Call) 13. Case No. 2011 -03. This is the date and time for a public hearing to consider a request from Robert Kaufman and Roger Nelson for a Comprehensive Plan Amendment and Zoning Map Amendment for the properties located at 1754 and 1650 Washington Avenue in the BP -I, Business Park Industrial District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 18, 2011. (Ordinance — 1st Reading) UNFINISHED BUSINESS 14. Consider recommendation by the Downtown Parking Commission regarding the parking fee for the Nature Valley Grand Prix event 15. Consider approving an agreement between the City and Chuck Dougherty for acquisition of private property needed for the Pedestrian Walkway (Resolution — Roll Call) 16. Discussion on support of Sunday Off -Sale legislation NEW BUSINESS 17. Possible approval of an equipment upgrade for the municipal parking ramp 18. Possible approval of a request by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot 19. Request by the Heritage Preservation District for permission to commence a study on establishing a Heritage Preservation District 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. MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen SUBJECT: Use of Funds from Expiring TIF Districts DATE: February 28, 2011 On February 18, 2011, I met with City Attorney Magnuson, Bond /TIF Attorney Mary Ippel, Sharon Harrison, Bill Turnblad, and Mike Pogge to discuss the use and possible disposition of TIF funds from the expiring pre April 30, 1990 Districts. At the meeting, Mary verified David's conclusions on the use of TIF, and further discussions revealed some very welcome news. Even though the District will expire on December 31, 2011, we can still spend the available increment after that date as long as it is designated in the funding plan. In addition, the plan can be amended prior to year end to include any type of eligible expenditure the council should choose. This gives council the flexibility to not be rushed into something you are not sure of and yet not lose half of this money. The State Auditor's office will likely want to exert pressure on the City to expend the funds in a timely manner or return the funds to the County for redistribution. However, as long as we follow the funding plan, they cannot require us to return the funds. It is therefore recommended that we simply amend the plan to include what the council wants. In addition, Staff recommends a very conservative approach as to eligibility of expenditures. If in doubt, we recommend using previously appropriated park funds, etc. For the restroom, we believe a split in funding would be appropriate, as most park improvements are specifically TIF ineligible. Regarding using some of the TIF funds to help pay for the parking ramp bonds, this is something we can certainly do. The bonds are not in trouble now, but if the economy and the downturn in valuations continues, it is possible it would be in the future. It is therefore recommended that we build a cushion in TIF District No. 10 by paying the next 3 years of payments out of TIF District No. 1. This amount is about $1,000,000 for the 3 years. A total of $2,052,000 of funds for this purpose was identified in the master plan budget. Regarding Mr. Pogge's memo, I am not yet convinced we should amend the District to cover the entire City. This would likely raise eyebrows at the State Auditor's office. In addition, you will note that the budget amendments include far more spending than will actually be available (we anticipate available funds of $3,500,000). This is purposefully done to provide maximum flexibility should you simply not do some of the programs mentioned. I also believe that there continues to be a need to more fully develop the budget and we now have the time to do it. /nm 0 I 0, h! P L A : ' f A! i N N E 0? A, Memo Community Development Department To: Larry Hansen From: Michel Pogge, City Planner 0.44 Date: Friday, February 25, 2011 Re: Meeting Notes: Overview of use of TIF on Facade Program, Pedestrian Walkway, and Building Renovation Fund Message: Several city staff members (Larry Hansen, Dave Magnuson, Sharon Harrison, Bill Turnblad, Mike Pogge) met with the city's bond counsel, Mary Ippel, on February 18, 2011 regarding the use of TIF revenue on various city projects. The discussion focused on how and when the remaining funds could be used in TIF District #1. The discussion was very positive. Since TIF District #1 was established before 1990, all of the tax increment generated by the district can remain with the city and be spent on eligible budgeted projects even after the district is decertified at the end of 2011. Said another way, as long as the project is TIF eligible and included in the budget before the end of 2011, it can be funded by the district's increment until the district's TIF revenues are all spent. After 2011 no changes can be made to the boundaries of the district or the budget. But, as just mentioned, the eligible budgeted projects can still be paid for until the funds are all spent. TIF districts established after 1990 do not have the same spending flexibility. For them, contracts have to be let for projects before the district is decertified, or the funds have to be redistributed to the applicable taxing jurisdictions. More good news that came from the meeting is that the spending from TIF District #1 could be done anywhere within the overall development district for the City. Currently the development district covers the eastern and southern portion of the City (see attached map #1). The City has the option to expand the development district to cover 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 the entire City of Stillwater. This would not require a public hearing; however, Ms. Ipple advised the City to hold a public hearing to err on the side of caution. Facade Program As long as the funds are spent within the Development District and we had a budget set out in the appropriate funding or spending plans then the City should spend increment on a facade program with no concerns to the 2011 decertification date. Pedestrian Walkway Staff reviewed the proposed budget for the project with Ms. Ipple. She advised that the budget was prudent and very conservative. The proposed budget proposes to use a mix of both TIF increment and Park Capital Funds. Commercial Building Fund Reviewed the concept of the Commercial Building Fund with Ms. Ipple. She advised that the use was permissible as presented. There was some discussion about limiting it to renovations of historic building. Since some potential projects were in the West Business Park area it was decided to leave it open ended as not to restrict potential use of the funds to the downtown area. Parking Ramp Bonds Staff discussed the city's desire to use increment in District #1 to pay off a portion of the bonds related to the Municipal Parking Ramp. Currently the bonds are paid with increment derived from TIF District #10. Due to the recent declines in property values (and therefore the amount of tax increment generated from District #10), staff would like to make certain that bond payments would not have to come from general tax revenue. If the tax increment generated in a particular year was not large enough to meet the bond payment, the balance of a year's payment may have to be covered by general tax revenue. With the increment available in District #1 Ms. Ipple advised staff that the city could make bond payments on the parking ramp from increment in District #1. Outcomes and Next Steps By December 31, 2011 the following needs to occur to preserve the City's ability to use any remaining funds in TIF District #1. 1. Amend the boundary of the development district to cover the entire City. 2. Amend the TIF Increment Financing Plan to include specific items not currently in the budget and increase the budget for items in the plan but may not have a high enough budget line amount. a. 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' � � � = 1 � 11,1?,, ' -� __ w- ` f - p eve1oPmt Engineering M Test �� of iet n aarY ' a 1•[ •1 If ■I CITY COUNCIL MINUTES • February 15, 2011 REGULAR MEETING 7:00 PM Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim (7:37 p.m.), 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. Mayor Harycki noted that Councilmember Menikheim was representing the City at the funeral of Judge Howard Albertson. A moment of silence in memory of Judge Albertson was observed. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt the February 1, 2011, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation — Robert Bartkey— Retirement — 35 years of service Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 24, Certificate of Appreciation — Robert Bartkey— Retirement — 35 years of service. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki read the certificate of appreciation for Mr. Bartkey's service. OPEN FORUM There were no public comments. STAFF REPORT Police Chief Gannaway spoke briefly of flood preparations. City Council Meeting February 15, 2011 Community Development Director Turnblad told the Council that the Comprehensive Plan rezoning project discussed at the last Council meeting is beginning, and that notices to affected property owners were mailed. He reported that three neighborhood meetings will be held in March, and that there is a lot of information posted on the City's web site for folks who have questions. Public Works Director Sanders provided an update on the most recent flood predictions. He noted the City relies heavily on National Weather Service predictions in its flood preparations. He provided maps /charts of the most recent National Weather Service information. He reported that the National Weather Service is predicting about a 50% chance of reaching a major flood stage, and that typically crests for a major flood occur in mid -April. He indicated that as the river starts to open up, the Weather Service will provide daily forecasts. Mr. Sanders also provided an update on flood preparations, including procurement of sandbags, Jersey barriers, pumps and emergency lights. On a question by Councilmember Roush, it was noted the City has purchased the Jersey barriers. Councilmember Polehna asked about lowering the water level at this time by opening the locks on the Mississippi; Mr. Sanders responded that he would ask about that at the upcoming meeting with emergency management officials. City Administrator Hansen reported that he was continuing to monitor state budget proposals. CONSENT AGENDA 1. Resolution 2011 - 23, directing payment of bills 2. Resolution 2011 - 25, approving license to use real property 3. Resolution 2011 - 26, approving renewal of contract with Regions Hospital, Through Regions Hospital EMS, and Stillwater Fire Department for continuing EMS education Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the possible adoption of a spending plan for Stillwater TIF District #1 in compliance with Minn. Stat. §469.176, Subd. 4m. Notice was published in the Stillwater Gazette on February 4. 2011 Community Development Director Turnblad spoke about economic development and recent special legislation which allows more flexibility in how Tax Increment Financing (TIF) funds are expended. He pointed out this special legislation is meant to assist private businesses, with a focus of creating/maintaining jobs. He also noted that in order to take advantage of the special legislation, the City needs to adopt a spending plan; he indicated that the plan is not a commitment to actually expend the funds, but is required in order for the City to consider projects as they come along. City Planner Mike Pogge reviewed the proposed spending plan, which includes a downtown facade program and commercial building fund. He explained that the facade program was listed in the original TIF District 1 financing plan, but was never implemented. He added that the legislation would allow the City to expand the facade program to all downtown businesses, not Page 2 of 11 City Council Meeting February 15, 2011 just those in TIF District 1. He indicated that the proposal is to initially allocate $500,000 to the facade program, with up to $1 million in funding included in the spending plan. Regarding the commercial building renovation fund, he reported that staff has been in discussion with several individuals regarding possible projects in the West Business Park and the downtown area. He suggested that including this fund in the spending plan gives the City the flexibility to fund projects as they might be proposed. Councilmember Roush asked about the disposition of repayment of any loans that might be made through the program; Mr. Pogge replied that it would be considered TIF increment and would revert back to the various taxing authorities if the loans were repaid after the expiration of the TIF district. In discussion it was noted the incentives would be in the form of grants or loans at the Council's discretion. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Mayor Harycki expressed that he had serious reservations about the City playing banker, passing out taxpayer funds on what may not be the most efficient projects. Mayor Harycki added that the City has the option of returning the money to the various taxing districts, which might enable the City to pull down the budget or bolster the street improvement program. He also indicated that it has been suggested the City consider forming a redevelopment authority, which would focus on brining jobs to the area. Mayor Harycki stated that he would like to know more about what a redevelopment authority might be able to do for the City. On a question by Councilmember Roush, Mr. Pogge responded the legislation requires that any project that utilizes the authority provided by the special legislation must start construction by July 1, 2011; he reviewed the proposed timeframe for the facade program to meet the July 1 deadline. City Administrator Hansen explained that, from his experience, economic development authorities and housing redevelopment authorities work out well in large cities, and that most smaller communities usually find that creating one of those entities results in another bureaucratic level of government. Mr. Hansen noted that, oftentimes, a council will appoint itself as the economic development or similar authority. Mr. Hansen urged the Council to consider approving the proposed spending plan at this time due to the timeline, noting that the plan doesn't commit the City to fund any projects /programs. Councilmember Polehna asked about other projects, such as sewer separation, that might be funded, and Mr. Hansen answered that this plan represents no commitment, it is a first step. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011 -27, adoption of a spending plan for Stillwater TIF District #1 in compliance with Minn. Stat. §469.176, Subd. 4m spending plan . Ayes: Councilmembers Cook, Polehna and Roush Nays: Mayor Harycki Mr. Hansen informed the Council that he had asked City Attorney Magnuson to research issues related to the formation of the special authorities, such as an economic development authority. Page 3 of 11 City Council Meeting February 15, 2011 UNFINISHED BUSINESS Possible approval of Cost Recovery Rate Schedule Fire Chief Glaser reviewed the proposed cost recovery rate for the fire depai talent and the public works department. On a question by Councilmember Cook, it was noted a proposal will be coming from the police department. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2011 -28, approval of Cost Recovery Rate Schedule for the Fire and Public Works Departments. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: None Abstain: Councilmember Menikheim Possible approval Downtown Facade project City Planner Pogge reviewed the proposed guidelines for the downtown facade program. He noted the possibility of such a program has generated a lot of interest and referred to some of the possible projects. He explained that, as proposed, this would be a combination grant /loan program. A grant could be used to cover up to 25% of the cost of a project, up to $25,000, with loans, in the form of a special assessment, of up to $75,000 to cover the remaining costs. He reviewed the timelines involved due to the special legislation and expiration of TIF District 1, and indicated that the recommendation is to have an initial cutoff date of April 15, 2011, for receipt of applications. Councilmember Cook spoke in support of the program, but asked whether there might not be the same amount of interest in participation if offered entirely as a loan program, expressing a concern about providing taxpayer money to private business owners. Councilmember Roush agreed with the concern about offering grants. Mayor Harycki reiterated his concern about the City playing banker. He suggested it is in a property owner's best interest to maintain a building with a good appearance and that private sector loans are available to do that. Mayor Harycki stated that he would favor returning the TIF funds to the various taxing districts, which would allow the City to decide what it wants to do with the money, such as offset property taxes or pay off a bond. City Administrator Hansen reiterated that this is no commitment to fund any projects; if the Council determines a project isn't worthy of a grant or loan, then the Council can deny funding. Mr. Hansen added this preserves an option for the City. City Planner Pogge pointed out the City has provided incentives for larger businesses in the past, and this is aimed at assistance for the smaller business owner that might not have the resources available that the large corporation does. Motion by Councilmember Cook, seconded by Councilmember Roush, to adopt Resolution 2011- 29, approving the Guidelines for the Downtown Stillwater Facade Program. On a question by Councilmember Polehna, Mr. Pogge listed some of the advantages of obtaining a loan through this program versus going through a private lender and the incentives this program might provide for historic preservation efforts. In discussion, it was noted proposed projects would go through a review by the Heritage Preservation Commission. Page 4 of 11 City Council Meeting February 15, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna and Roush Nays: Mayor Harycki Discussion of Lift Bridge Strategies Mayor Harycki reviewed the report of an engineer, retained by the History Channel, on the condition of the lift bridge and MnDOT's most recent sufficiency rating of the lift bridge of 32.8, which is below the 35W bridge level when it collapsed. In later discussion, it was noted the Stillwater bridge will be featured in a History Channel report on crumbling infrastructure. Mayor Harycki expressed a number of items of concern raised by the engineer, several of which were observed during a walking tour of the bridge. Mayor Harycki stated that it was very disturbing to see the condition of the structure, and that he believes the bridge is unsafe and that the Council's original inclination to vote to have the bridge closed is the right thing to do. He suggested that the Council should take strong action regarding the position to get the bridge closed. Councilmember Menikheim pointed out the lift bridge is a full 8 points below the next worst rated bridge in the metro district. He noted the bridge is categorized as being structurally deficient and functionally obsolete, and that as good stewards of the City, the Council should take action to shut the bridge down. Mayor Harycki indicated that he would like to City to take legal action to have the bridge closed, and enumerated the number of presidents who have dealt with this issue. He also suggested suing to get the name of the lift bridge changed, saying he did not want the name Stillwater associated with crumbling infrastructure. He also suggested placing warning signs on the bridge. There was discussion about the City's priority not in getting a new bridge, but getting the traffic out of downtown, which is destroying the infrastructure. Councilmember Menikheim stated he thought there were two approaches to be taken: legal action and working for legislative action. City Attorney Magnuson responded that it would be difficult for the City to sue the state to take action. However, Mr. Magnuson referred to a lawsuit involving the City and the Department of Natural Resources and subsequent stipulation which limits the number of boat launches from the launch site at the former Mulberry Point and St. Croix Marina's dry stack building to 1973 levels. Mr. Magnuson reported that increasing the number of launches above 1973 levels was viewed as a violation of the Wild and Scenic Rivers Act, and he suggested that same argument might apply to the Stillwater lift bridge. Mr. Magnuson added that, if directed to do so, he could pursue that argument, as well as seek an order, perhaps of the federal court, that the Minnesota Department of Transportation be ordered to shut down the bridge. There was discussion as to possible cost of filing a suit; Mr. Magnuson replied that he could bring back additional information at the next Council meeting. Councilmember Cook noted lawsuits are expensive and lengthy and suggested pursuing other options for putting pressure on MnDOT to get the bridge closed, perhaps inviting local media to tour the bridge. After discussion, it was agreed to ask local legislators to take a tour of the bridge, with the engineer Mayor Harycki mentioned earlier in the discussion, available for information/questions. Page 5of11 City Council Meeting February 15, 2011 Councilmember Roush suggested inviting both state and federal representatives to take the walking tour. It also was agreed to have Mr. Magnuson report back at the next Council meeting regarding a potential lawsuit. Regarding contracting for lobbying services, Mr. Hansen replied that there is no money available in the existing budget for that service. Fire Chief Glaser asked whether the Council wanted the fire department vehicles to cross the lift bridge, as the City has mutual -aid agreements with several Wisconsin entities. It was agreed to have Mr. Hanson contact the engineer in question to schedule a tour. After additional discussion, Mayor Harycki suggested informing mutual -aid communities in Wisconsin that the City is concerned with the safety of sending firefighters and equipment across the bridge. Councilmember Cook asked Mr. Sanders to check with the city of Minneapolis regarding what led to the immediate closure of the Plymouth Avenue bridge. Councilmember Menikheim spoke of the importance of developing a strategic plan of actions, such as efforts aimed at public relations, writing letters and editorials, etc. It was agreed to schedule the walking tour as soon as possible, with the Council to meet before /after the tour, perhaps at the Water Street Inn. NEW BUSINESS Possible approval to purchase a switch for the Emergency Operations Center City Administrator Hansen referred to the memo in the packet, and noted that the City has been preparing the police and fire training room to serve as the emergency operations center. He indicated that a lot of money has been expended equipping the room, however, one piece lacking is the switch described in Ms. Holman's memo. The cost of the switch is $1,463. He added that the cost is not budgeted, but Ms. Holman believes she has some savings in other accounts that could be utilized for the purchase. He pointed out that the emergency operations center likely will be used during the upcoming flood event, and he recommends approval of the requested purchase. Councilmember Roush noted this is a critical piece of equipment. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011 -30, approving the Purchase of Switch for the Emergency Operations Center. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Rec Center indoor air quality testing equipment Doug Brady was present to request the purchase of new air monitoring equipment for the Recreation Center and Lily Lake. He reported that indoor air quality must meet Department of Health standards, and that there is a new technology available, which they have been testing with the manufacturer and the Minnesota Department of Health since June. He indicated that the Department of Health has certified the equipment as meeting that agency's new standards. He briefly described the difference between the old and new monitoring systems, and stated that he believes the savings achieved by the new system will pay for the purchase over time. Page 6 of 11 City Council Meeting February 15, 2011 On a question by Mayor Harycki, Mr. Brady responded that this purchase is a capital outlay item that was planned. Councilmember Polehna noted this is a health and safety issue. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 31, approving the Purchase of PPM System for St. Croix Recreation Center. Councilmember Roush asked how long it might take for the system to recover costs, and Mr. Brady replied that he anticipated about 4 years. Aye: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of feasibility report and calling for hearing on 2011 Street Improvement proiect Assistant Engineer Kraftson reviewed the proposed project area. He noted the streets selected for reconstruction were rated in poor or worst condition in the 2010 pavement management plan, while streets selected for mill and overlay were rated in fair condition. Mr. Kraftson indicated that galvanized water services will be replaced in conjunction with the project, with some storm sewer rehabilitation, replacement of catch basin and 5 fire hydrants. He added that the project also will include some infiltration basins on Wilkins Street, improvements to two ponds between Amundson Drive and the golf course to meet Minnesota Pollution Control requirements, as well as several rain gardens. He pointed out that the proposal is to reduce the width of Wilkins Street through the installation of bump -outs that will include basins for stormwater infiltration, as well as improve pedestrian safety, and serve as a traffic calming measure. He reported that the proposal regarding the bump -outs was presented at the neighborhood meetings, with a good response received. Mr. Kraftson addressed plans for narrowing the street and eliminating on- street parking on portions of Wilkins between Fourth and First streets, which represents a compromise after talking with the impacted property owners. On a question by Mayor Harycki, Mr. Kraftson responded that there is not a lot that can be done to lessen the grade of the street. Mr. Kraftson reviewed proposed street widths with new curb, and possible trail /sidewalk improvements for Wilkins. He noted that due to overwhelming response, trail improvements for Amundson has been eliminated from consideration. He indicated that the Comprehensive Plan calls for trail improvements from 4th Street to William Street, and new trail or sidewalk from William to Owens. He explained that surveys were sent to 40 residents on Wilkins Street between Owens and 4th Street that would be impacted by any decision, and that 20 responses were received, with 15 in favor of leaving the existing sidewalks and 5 favoring replacing the sidewalk with a new trail. On a separate question regarding a new trail or sidewalk from William to Owens Street, 12 favored leaving the block as is with no trail or sidewalk, with 8 in favor of installing a new trail or sidewalk. He enumerated some of the comments received with the surveys. He showed Comprehensive Plan trail maps for the area in question, as well as the park and sidewalk plan, noting there is a missing block of sidewalk between William and Owens. He listed five alternatives for consideration. Page 7 of 11 City Council Meeting February 15, 2011 • Mayor Harycki indicated that he would not favor pulling up existing sidewalks to put in a wider trail system, and suggested focusing on Option 3 (leaving the existing sidewalk in place between 4th and William Street, with new sidewalk on both sides of the street between William and Owens), referring to the number of children walking to school. Councilmember Cook agreed and stated that she had received feedback from people not in favor of a new trail, but she thinks extending the sidewalk to Owens makes sense. She noted the difference in cost of assessment is relatively small. Motion by Councilmember Polehna, seconded by Councilmember Cook, to accept Option 3. All in favor. Mr. Kraftson reviewed estimated cost, proposed financing, proposed assessment policy and rates, and preliminary assessment amounts. He reported some of the comments received during the neighborhood meetings, and possible project timeframe. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2011- 32, approving Receiving Report and Calling Hearing on 2011 Street Improvement Project (Project 2011 -02). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution describing emergency procedures Mayor Harycki pointed out that currently there is nothing in City ordinance which allows staff to respond to emergency situations. City Attorney Magnuson reviewed state statute related to local emergencies which lists the types of actions that can be done without the time- consuming procedures and formalities that generally are part of municipal government. Mr. Magnuson informed the Council the statute stipulates that the only way a local emergency can be declared, is by the mayor of a local community, and the state of emergency only lasts for three days unless a city council extends the emergency. Councilmember Roush asked if it would be prudent to have a spending limit in place; and City Administrator Hansen responded that the Council could do that, but noted unless he knew what the emergency was, he wouldn't know what the expenditures should be. City Attorney Magnuson pointed out that this proposal is modeled after Washington County's and represents standard policy. He suggested that it is necessary for the city administrator to be trusted in an emergency to act quickly and decisively to alleviate the emergency conditions. Councilmember Menikheim pointed out that, as written, this policy only authorizes the Mayor or Administrator to take the described actions and wondered what would happen in the event that neither of those persons were available; it was agreed to change the language to include the vice mayor as an authorized person under the policy. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011 - 33, a resolution describing emergency procedures, with the amended language. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 8 of 11 City Council Meeting February 15, 201 Possible approval of Water Street Inn land acquisition /Downtown Pedestrian Plaza City Planner Pogge reviewed the status of negotiations with the Water Street Inn to purchase a parcel of property that the City needs for desired alignment of the pedestrian plaza. He indicated that agreement has been reached on all but one issue. He reviewed the tentative agreement, including a description of the property involved and the 8 considerations to be provided to the Water Street Inn in exchange for the property. He noted the remaining issue is the possible vacation of the parking easement the City retains over the Water Street Inn parking lot. He added that if the City gives up the easement, it would provide the Water Street Inn with a future building site that might not require a height variance, which would be of great value to the Water Street Inn owner. Mr. Pogge expressed that because of this, staff recommends against the release of the parking easement. There was discussion of impact on parking spaces. Mr. Turnblad stated that the area by the pedestrian plaza, as proposed, would gain quite a few parking spaces. Chuck Dougherty, owner of the Water Street Inn, was present. Councilmember Menikheim asked if it was the intent to build on the parking lot, and Mr. Dougherty responded that was always planned as a phase of development of the property. Councilmember Polehna expressed concern about Item 7 (trash enclosure), noting this has been a long- standing issue. He questioned spending taxpayer money to build a dumpster enclosure that was supposed to have been built years ago by the owner as part of the development agreement. Mr. Pogge noted this is not unlike previous efforts to assist in improving trash enclosures in the downtown area, and Mayor Harycki noted this would be an opportunity to clean up the area. Councilmember Cook questioned the cost for reconstructing the Water Street Inn parking lots that would be paid for by a special assessment loan; and Mr. Sanders responded that it is estimated at about $40,000. Motion by Councilmember Roush, seconded by Mayor Harycki, to approve Water Street Inn land acquisition/Downtown Pedestrian Plaza and staff's recommendation of providing considerations /compensation listed as Items 1 -8. Councilmembers Cook and Polehna questioned the value of what the City will be receiving versus what it will be paying. Mr. Pogge answered that not obtaining the property in question would substantially disrupt the pedestrian plaza, noting that one of the goals when the plaza was first envisioned was to provide a clear view from Main Street to the river. He added that without the property, that visual connection would be lost. Mr. Pogge also referred to an appraisal that placed the value of the property the City would gain, assuming it is 100% encumbered, at $35,000. He indicated that the Water Street Inn would be receiving compensation above that amount, but suggested it is a very small amount overall. Councilmember Cook stated, including the possible amount of the loan and the other items, compensation/costs to the City total $92,180 for 1,000 square feet of land and would position the Water Street Inn property so there would be a buildable site for future development. Mr. Pogge pointed out that it is City policy to compensate businesses for the loss of parking, noting it is the City that is causing the need to reconfigure the parking lot, and suggested the real costs to the City would be the $38,000 and up to $10,000 for the trash enclosure. He added that the cost of the parking lot reconstruction is a loan to the property owner to be repaid, with interest. Page 9 of 11 City Council Meeting February 15, 2011 There was additional discussion about the trash enclosure. On a question by Councilmember Cook, Mr. Pogge responded that the relocation of the street curb and utilities in the existing Water Street right -of -way is an attempt to provide Mr. Dougherty with the land so he can build a parking lot with the same number of spaces as he currently has. Councilmember Menikheim verified that the motion on the floor included approval of items 1 -8 and not the parking easement. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS Councilmember Roush reported that the legislature is considering authorizing optional Sunday off-sale Sunday liquor sales. He indicated that local businesses are in support of the legislation and asked that the Council approve sending a letter of support to state legislators. Motion by Councilmember Roush, seconded by Mayor Harycki, to support the legislative proposal and send a letter to the local legislators. Councilmember Polehna reported that he had heard no comments in support. Councilmember Roush spoke of the local revenue being lost to Wisconsin. It was agreed to discuss this issue at a later meeting. Councilmember Roush withdrew his motion and asked that this be added to the next meeting agenda. Mayor Harycki withdrew his second. City Attorney Magnuson asked if the Mayor would consider declaring an emergency for flood preparations and ask the City Council for consent to extend the emergency through the flood season. Mayor Harycki declared a state of emergency for the flood and asked the Council to extend the state of emergency beyond the statutory three days. Motion by Councilmember Roush, seconded by Councilmember Polehna, to extend the state of emergency. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 10:20 p.m. All in favor. Ken Harycki, Mayor Page 10 of 11 City Council Meeting February 15, 2011 ATTEST: Diane F. Ward, City Clerk 1. Resolution 2011 -23, directing payment of bills 2. Resolution 2011 -24, Certificate of Appreciation — Robert Bartkey— Retirement — 35 years of service 3. Resolution 2011 -25, approving license to use real property 4. Resolution 2011 -26, approving renewal of contract with Regions Hospital, Through Regions Hospital EMS, and Stillwater Fire Department for continuing EMS education 5. Resolution 2011 -27, adoption of a spending plan for Stillwater TIF District #1 in compliance with Minn. Stat. §469.176, Subd. 4m 6. Resolution 2011 -28, approval of Cost Recovery Rate Schedule 7. Resolution 2011 -29, approval of Downtown Facade project 8. Resolution 2011 -30, approval to purchase a switch for the Emergency Operations Center 9. Resolution 2011 -31, approval of Rec Center indoor air quality testing equipment 10. Resolution 2011 -32, approval of feasibility report and calling for hearing on 2011 Street Improvement project 11. Resolution 2011 -33, approval of a resolution describing emergency procedures Page 11 of 11 RESOLUTION 2011 -34 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 $283,267.69 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 1 st day of March, 2011. Ken Harycki, Mayor ATTEST: Diane F Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -34 1ST Line /Leewes Ventures LLC Popcorn Cups 50035 Advanced Graphix Inc. Vinyl Banner Dasher Board OSI 110.00 Advanced Sportswear Uniforms 821.50 Ancom Technical Center Repair Pager 104.50 Aramark Uniform Services Uniforms. Mats, Towels 1,051.91 Aspen Mills Uniforms 180.91 Associated Bag Company 55 Gallon Fiber Drum with Steel lid 137.91 Berg Bag Company Black Poly Bags for Flood 1,512.29 Bixby Portable Toilet Service Unit Rental Browns Creek Park 51.34 Carquest Auto Parts Vehicle Repair Supplies 1,428.17 CATCO Parts and Service Equipment Repair Supplies 449.91 CDW Government, Inc. 2 Pt Compact USB 25.84 City of Woodbury 2 Tactical Members 3,168.92 Clark Luann Cleaning At City Hail & Public Works 1,057.50 Comcast Internet 199.90 Cope Plastics, Inc. Clear Plex for Rink 3,045.84 Cub Foods Supplies 45.79 Distributor Sales Inc. Equipment Repair Supplies 41.68 Emergency Automotive Technologies, Inc. Equipment Repair Supplies 540.35 Escape Fire Dry Fire Sprinkler Pipe Repair 1,120.00 Galls, an Aramark Company Oxygen Gab, Brass Regulator 189.14 Gannaway John Reimburse Expenses 90.91 General Security Services Corp Alarm Monitoring Services 3/1- 5/31/11 81.09 Grainger GoBagger Sand Bag Filling Tool 162.09 Heritage Embroidery & Design Senior Team Jackets 406.00 Holiday Inn Hotel & Suites Lodging for C LeMoine 1/26 -28/11 234.69 Industrial Door Co., Inc. Open Resurfacer Door 340.29 ISD 832 Gate Split 323.00 J.H. Larson Electric Equipment Repair Supplies 225.11 Lake Country Door, LLC Labor to Reboot Logic Board on Storage A 190.00 Life Safety Systems Fire System Gate Valve Repair 947.04 Menards Equipment Repair Supplies 410.38 MN Recreation & Park Association Seminar Certified Playground Inspector 465.00 Natural Resource Group Levy Wall Stage 3 Environmental Consulting 2,020.25 Nelson Marine Motor Service, Inc. Repaired Boat Motor 26.41 Office Depot Office Supplies 390.61 Olsen Chain & Cable, Inc. Chain sling 377.56 OnSite Sanitation Unit Rental Browns Creek Nature 100.99 Peterson Craig Reimburse Meals for Training E Charging 7.38 Pogge Michel Reimbursement for Keys for Ramp 16.21 Professional Wireless Communications Equipment Repair Supplies 72.23 Proguard Sports, Inc. Equipment for Resale 257.48 Public Agency Training Council Internet tools from criminal investigato 590.00 Roettger Welding, Inc. Repaired Revolving Door 460.00 EXHIBIT "A" TO RESOLUTION #2011 -34 Page 2 21.71 Schindler Elevator Corporation Repaired Elevator Parking Ramp 2,761.26 Schoumaker Renee Reimbursement of Payment Parking Ramp 6.00 Section 4AA Girls Hockey Games Gate Split Girls Section 4 AA 1,726.50 Semple Building Movers, Inc. Concrete Barriers for Flood 10,260.00 Specialty Contracting Repair Garage Door 265.00 St. Croix Boat & Packet Co. February Arena Billing, Jacobson Retirement 62,993.63 Stick Wizard, Inc. Splice for Sticks for Resale 594.00 Stillwater Collision & Restoration Remove Decals and Add to Reserve Vehicle 60.00 Stillwater Equipment Co Misc Equipment 205.00 Stillwater High School Gate Split 5,736.00 Stillwater Medical Group Medical Evaluations 386.21 Stillwater Motor Company Vehicle Repair & Maintenance 1,881.43 Streicher's Holster & Ammo 3,272.86 Sun Newspapers Publications 587.09 Thompson Linda Reimburse Meals for E Charging Training 7.79 UHL Company First Payment for Parking Ramp Camera 13,921.20 United Refrigeration, Inc. Equipment Repair Supplies 132.93 USAble Life Term Life Insurance 403.20 Valley Trophy Inc. Retirement Shadow Box 96.13 Wal Mart Community Supplies 21.31 Waste Management Final Payment Garbage Certification 15,587.63 West Government Services Information Charges 88.94 Winnick Supply Equipment Repair Supplies 54.42 Wulfing David K -9 Boarding 195.42 Yocum Oil Company Fuel 13,445.72 LIBRARY Baker & Taylor Materials 21.71 BWI Library Materials 846.30 Brodart Library Materials 2,432.79 Budget Lighting Light Bulbs 28.87 Cole Information Reference Directory 363.95 Comcast Telecommunications 49.90 Hansen,Ann Reimburse Postage 12.78 Master Mechanical Building Repair 152.18 MEI Building Repair 580.00 Menards Supplies 39.83 Midwest Tapes AV Materials 532.98 Morse -Kahn, Deborah Program 50.00 NAC Building Repair 218.00 Office of Enterprise Technology Telephone 272.97 Papco Equipment & Supplies 1,329.70 Playaway Audio Materials 417.43 EXHIBIT "A" TO RESOLUTION #2011 -34 Quill Simplex Grinnell Toshiba Washington County Library Wente Studios FEBRUARY MANUALS Art's Snowmobile & ATV Postmaster Xcel ADDENDUM AT &T Ballis, John T. Board of Water Commissioners Corporate Mechanical D.A.R.E. Dell Marketing, L.P. Delta Dental Ecolab Elite K9, Inc. Magnuson Law Firm Met Council Metro Fire Metropolitan Mechanical Contractors, Inc. Mn FIAM Book Store Municipal Emergency Services Performance Plus LLC Qwest Sprint Stillwater & OPH CVB Verizon Viking Industrial Center Xcel Supplies Building Repair Maintenance Contract Database & Materials Furniture Repair Clutch for Snowmobile Postage for Comp Plan Rezoning Project Electricity, Gas Cell Phone Background Check February Water Meter and Wac Replacement HVAC Hot Water Pump Dare Supplies 6 Dell Computers Cobra Insurance Cleaning Supplies K9 Bite Suit Professional Service February Sac Report Letter for Fire Vehicle Maintenance Agreements Books for Firefighter Stratagies & Tactics Batteries Medical Evaluations, Mask Fit Telephone Cell Phone 4th Qtr Lodging Tax Cell Phones Gas Alert Monitor Electricity,Gas Page 3 150.29 806.64 53.16 562.75 100.00 263.75 1,264.57 21,138.70 262.74 600.00 3,861.00 4,296.00 229.08 7,278.55 202.45 201.85 1,039.90 12,064.33 6,623.10 92.99 2,162.00 317.42 303.13 80.00 228.39 89.11 20,163.73 1,896.91 849.66 30,067.56 TOTAL 283,267.69 EXHIBIT "A" TO RESOLUTION #2011 -34 Adopted by the City Council this 1st Day of March, 2011 Page 4 e LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -34 1ST Line /Leewes Ventures LLC Popcorn Cups 500.75 Advanced Graphix Inc. Vinyl Banner Dasher Board OSI 110.00 Advanced Sportswear Uniforms 821.50 Ancom Technical Center Repair Pager 104.50 Aramark Uniform Services Uniforms. Mats, Towels 1,023.86 Aspen Mills Uniforms 113.03 Associated Bag Company 55 Gallon Fiber Drum with Steel Lid 137.91 Berg Bag Company Black Poly Bags for Flood 1,512.29 Bixby Portable Toilet Service Unit Rental Browns Creek Park 51.34 Carquest Auto Parts Vehicle Repair Supplies 1,349.26 CATCO Parts and Service Equipment Repair Supplies 449.91 CDW Government, Inc. 2 Pt Compact USB 25.84 City of Woodbury 2 Tactical Members 3,168.92 Clark Luann Cleaning At City Hall & Public Works 1,057.50 Comcast Internet 199.90 Cope Plastics, Inc. Clear Plex for Rink 3,045.84 Cub Foods Supplies 45.79 Distributor Sales Inc. Equipment Repair Supplies 41.68 Emergency Automotive Technologies, Inc. Equipment Repair Supplies 540.35 Escape Fire Dry Fire Sprinkler Pipe Repair 1,120.00 Galls, an Aramark Company Oxygen Gab, Brass Regulator 189.14 Gannaway John Reimburse Expenses 90.91 General Security Services Corp Alarm Monitoring Services 3/1- 5/31/11 81.09 Grainger GoBagger Sand Bag Filling Tool 162.09 Heritage Embroidery & Design Senior Team Jackets 406.00 Holiday Inn Hotel & Suites Lodging for C LeMoine 1/26 -28/11 234.69 Industrial Door Co., Inc. Open Resurfacer Door 340.29 ISD 832 Gate Split 323.00 J.H. Larson Electric Equipment Repair Supplies 225.11 Lake Country Door, LLC Labor to Reboot Logic Board on Storage A 190.00 Life Safety Systems Fire System Gate Valve Repair 947.04 Menards Equipment Repair Supplies 410.38 MN Recreation & Park Association Seminar Certified Playground Inspector 465.00 Natural Resource Group Levy Wall Stage 3 Environmental Consulting 2,020.25 Nelson Marine Motor Service, Inc. Repaired Boat Motor 26.41 Office Depot Office Supplies 118.99 Olsen Chain & Cable, Inc. Chain sling 377.56 OnSite Sanitation Unit Rental Browns Creek Nature 100.99 Peterson Craig Reimburse Meals for Training E Charging 7.38 Pogge Michel Reimbursement for Keys for Ramp 16.21 Professional Wireless Communications Equipment Repair Supplies 72.23 Proguard Sports, Inc. Equipment for Resale 257.48 Public Agency Training Council Internet tools from criminal investigato 590.00 Roettger Welding, Inc. Repaired Revolving Door 460.00 EXHIBIT "A" TO RESOLUTION #2011 -34 Page 2 Schindler Elevator Corporation Repaired Elevator Parking Ramp 2,761.26 Schoumaker Renee Reimbursement of Payment Parking Ramp 6.00 Section 4AA Girls Hockey Games Gate Split Girls Section 4 AA 1,726.50 Semple Building Movers, Inc. Concrete Barriers for Flood 10,260.00 Specialty Contracting Repair Garage Door 265.00 St. Croix Boat & Packet Co. February Arena Billing, Jacobson Retirement 62,993.63 Stick Wizard, Inc. Splice for Sticks for Resale 594.00 Stillwater Collision & Restoration Remove Decals and Add to Reserve Vehicle 60.00 Stillwater Equipment Co Misc Equipment 205.00 Stillwater High School Gate Split 5,736.00 Stillwater Medical Group Medical Evaluations 386.21 Stillwater Motor Company Vehicle Repair & Maintenance 1,559.49 Streicher's Holster & Ammo 3,272.86 Sun Newspapers Publications 587.09 Thompson Linda Reimburse Meals for E Charging Training 7.79 UHL Company First Payment for Parking Ramp Camera 13,921.20 United Refrigeration, Inc. Equipment Repair Supplies 132.93 USAble Life Term Life Insurance 403.20 Valley Trophy Inc. Retirement Shadow Box 96.13 WaI Mart Community Supplies 21.31 Waste Management Final Payment Garbage Certification 15,587.63 West Government Services Information Charges 88.94 Winnick Supply Equipment Repair Supplies 54.42 Wulfing David K -9 Boarding 82.00 Yocum Oil Company Fuel 13,445.72 LIBRARY Baker & Taylor Materials 21.71 BWI Library Materials 846.30 Brodart Library Materials 2,432.79 Budget Lighting Light Bulbs 28.87 Cole Information Reference Directory 363.95 Comcast Telecommunications 49.90 Hansen,Ann Reimburse Postage 12.78 Master Mechanical Building Repair 152.18 MEI Building Repair 580.00 Menards Supplies 39.83 Midwest Tapes AV Materials 532.98 Morse -Kahn, Deborah Program 50.00 NAC Building Repair 218.00 Office of Enterprise Technology Telephone 272.97 Papco Equipment & Supplies 1,329.70 Playaway Audio Materials 417.43 EXHIBIT "A" TO RESOLUTION #2011 -34 Page 3 Quill Supplies 150.29 Simplex Grinnell Building Repair 806.64 Toshiba Maintenance Contract 53.16 Washington County Library Database & Materials 562.75 Wente Studios Furniture Repair 100.00 FEBRUARY MANUALS Art's Snowmobile & ATV Clutch for Snowmobile 263.75 Postmaster Postage for Comp Plan Rezoning Project 1,264.57 Xcel Electricity, Gas 21,138.70 1water Administration � Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 2/28/2011 Re: Waiver of Garbage Collection Charges Attached is a request for Waiver of Garbage and Collection Charges from January 1, 2011 — December 31, 2011 in accordance with City Code Section 30 -1, Subd. 9, Subsection 2 -4, which states: (2) The city council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by a majority vote as disclosed by an application for relief that not more than two people reside within a household and that the head of household is 62 years of age or older, or is retired by reason of permanent disability regardless of age, and that the payment of the solid waste charges and fees would be a hardship. (3) Persons seeking relief must make application on a form prescribed by the clerk setting forth applicant's income and assets at the time of the making of the application. (4) Relief granted hereunder will terminate upon the occurrence of any of the following events: a. The death of eligible persons, in that the surviving spouse is not eligible for the same relief, or b. If for any reason the city council determines that the payment of the solid waste fee is no longer be a hardship. RECOMMENDATION Staff recommends the City Council to approve the waiver of garbage and collection charges for application 2011 -01. APPLICATION NO. 2011 -01 0/ 0 f WAIVER OF GARBAGE AND COLLECTION CHARGES 0/ COUNCIL ACTION FORM APPLICANT: Lillian Bancroft ADDRESS: 409 Holcombe Street South /0 RECOMMENDED ACTION: / APPROVED x DISAPPROVE REASON FOR DISAPPROVAL DATE SUBMITTED: March 1, 2011 Of 0/ Memo To: Mayor and City Council From: Sharon Harrison (14� Finance Director Date: 3/1/2011 Re: Abatement Request BACKGROUND Payments were received by the city for payable 2011 special assessment for PI #'s: 33.030.20.12.0094, 20.030.20.34.0003, 33.030.20.11.0061. All payments were received in full by the city and therefore need to be abated off the property taxes for payable 2011. RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2011 for PID#'s 33.030.20.12.0094, 20.030.20.34.0003, 33.030.20.11.0061. ACTION REQUIRED If council agrees with staffs recommendation, Council needs to pass a resolution abating the special assessments. A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN SPECIAL ASSESSMENTS WHEREAS, Parcels ID Nos. 33.030.20.12.0094, 20.030.20.34.0003, and 33.030.20.11.0061 were assessed for taxes payable 2011 and certified to Washington County; and WHEREAS, payments for each of these special assessments were received in full by the City; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated. Adopted by the City Council this 1 st day of March, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 7 :; ' { F, __ t Pp ti 1 'd N D 1 A City Council DATE: February 25, 2011 CASE NO.: 11 -02 APPLICANT: SUPERVALU Holdings, Inc. REQUEST: Resubdivision LOCATION: 1801 Market Drive ZONING: BP -C, Business Park - Commercial COMPREHENSIVE PLAN: C, Commercial PLANNING COMMISSION DATE: March 1, 2011 REVIEWERS: Community Development Director PREPARED BY: Michel Pogge, City Plann BACKGROUND SUPERVALU Holdings, Inc. is requesting approval of a final plat that resubd the existing Cub Foods property at 1801 Market Drive into two lots. Their goal is to split off and place the exiting Cub Foods gas station on a separate lot from the main Cub Foods st ore. The property being resubdivided is Lot 3, Block 1, Stillwater Marketplace. The gas station, store, parking lot layout, and access to the site will remain unchanged. The new lot for the gas station will have legal access to public streets via easements they will convey to the Lot 2 as part of this process. The subject property is zoned BP -C, Business Park - Commercial. SPECIFIC REQUEST SUPERVALU Holdings, Inc. has made application for approval of a resubdivision recreating two lots where one now exists. SUPERVALU Holdings, Inc February 25, 2011 Page 2 EVALUATION OF REQUEST RESUBDIVISION City Code Section 32 -1, Subd. 4(2) refers to a process whereby a new lot is being created from already platted lots as a "resubdivision ". Any time two parcels are created out of one parcel of land, the request is required to be reviewed by the Planning Commission with final approval by the City Council. The required and proposed minimum dimensional standards for the resubdivided properties are summarized below. Lot 1 Lot 2 Lot size proposed 10.06 acres 1.09 acres Lot size required 0.5 acres 0.5 acres The proposed lots satisfy all dimensional requirements. LOT COVERAGE As previously noted, no physical changes to this property is proposed as part of this resubdivision. Generally, properties within the BP -C are permitted a maximum of 40% of impervious coverage; however, this site was developed as part of the Stillwater Market Place PUD. As part of the PUD, the overall lot coverage was set during the initial development review process. Since the current lot coverage was approved as part of the PUD it is permitted to remain as is. SUPERVALU Holdings, Inc February 25, 2011 Page 3 ALTERNATIVES The City Council has several alternatives. A. Approval. If the proposed lot resubdivision is found to be acceptable to the City Council, it could approve the resubdivision to be known as Stillwater Marketplace 5th Addition, subject to the following conditions: 1. Final easement documents for access to Lot 2, Stillwater Marketplace 5th Addition shall be approved by the City Attorney prior to the release of the final plat. The easement for access to Lot 2, Stillwater Marketplace 5th Addition shall be recorded at the same time as the Stillwater Marketplace 5th Addition final plat. 2. An outstanding sidewalk assessment on the property for a sidewalk along Market Drive of $205.14 shall be paid prior to the plat being recorded or the amount shall be apportioned to Lot 2. B. Denial If the City Council finds that the resubdivision is not advisable, it could recommend denial of the resubdivision. With a denial, the basis of the action should be given. ACTION BY THE PLANNING COMMISSION The Stillwater Planning Commission held a public hearing and reviewed the request at their February 14th meeting. The Commission recommended that the City Council approved the plat with the conditions listed above. STAFF RECOMMENDATION Staff finds the requested resubdivision meets the requirements of the zoning code and therefore recommends approval with the conditions identified in Alternative A above. attachments: Stillwater Marketplace 5th Addition RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR STILLWATER MARKETPLACE 5TH ADDITION CASE NO. 2011-02 WHEREAS, SUPERVALU Holdings, Inc. made application for approval of a final plat known as Stillwater Marketplace 5th Addition; and WHEREAS, on February 14, 2011 the Planning Commission held a public hearing and recommended approval of the final plat; and WHEREAS, the City Council held a public hearing on Stillwater Marketplace 5th Addition on March 1, 2011; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat of Stillwater Marketplace 5th Addition subject to the following conditions: 1. Final easement documents for access to Lot 2, Stillwater Marketplace 5th Addition shall be approved by the City Attorney prior to the release of the final plat. The easement for access to Lot 2, Stillwater Marketplace 5th Addition shall be recorded at the same time as the Stillwater Marketplace 5th Addition final plat. 2. An outstanding sidewalk assessment on the property for a sidewalk along Market Drive of $205.14 shall be paid prior to the plat being recorded or the amount shall be apportioned to Lot 2. Enacted by the City Council of the City of Stillwater, Minnesota this 1st day of March, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk it 7 i = v 0. o o c '; - o a c i `0. o oc e N -0 ocg3 - t a r a...m,°n% a m Li .0 N ° C.‘, = ° v m m f o - 1/L: o c v� °, c v 6 Y m Ey°, n°='o �; ,� N o m O « AS on oi 0 . O z 0 GO mad . e . O := •E p zz S W t ° F t 0 U C C O i a O C p n O. 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".-'' (7.1. ■ • illwat „......_..„ THE 81RTHPLACE OF MINNESOTA PLANNING REPORT DATE: February 23, 2011 CASE NO.: 2011 -03 APPLICANT: Robert Kaufman and Roger Nelson (landowners) LOCATION: 1650 and 1754 Washington Avenue ZONING: BP -I, Business Park - Industrial GUIDING: Industrial REQUEST: 1) Amend Comp Plan Land Use Map from Industrial to Commercial 2) Rezone from BP -I to BP -C (Business Park Industrial to Commercial) PUBLIC HEARING: February 14, 2011 (Planning Commission) March 1, 2011 (City Council) REPORT AUTHOR: Bill Turnblad, Community Development Director BACKGROUND Robert Kaufman would like to purchase the former (and now vacant) Pro -Build property at 1650 Washington Avenue and convert it to a hockey training facility to be known as The Sportsplex. The large rear portion of the structure would include an indoor studio hockey rink, a goalie training area, skating treadmill room, locker rooms, and open sports training areas. The current office area at the front of the building would be remodeled to serve as a 3,500 square foot retail space to be known as Dan's Sport Shop, a concession and lounge area with restrooms, as well as business offices. An observation mezzanine is planned for some time in the future. However, since the property is zoned BP -I, Business Park Industrial, the proposed "Recreational Establishment " is not permitted. Therefore, Mr. Kaufman would like the property rezoned to BP -C, Business Park Commercial, which would allow the use by Special Use Permit. In order to allow the property to be zoned commercially, he has also asked for a 1 By definition found in City Code Ch 31, Sec 31 -325, footnote 7, a recreational establishment includes: armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business. Kaufinan - Nelson Case Page 2 of 11 Comprehensive Plan Amendment to change the future land use map classification for the property from industrial to commercial. Finally, since singling out one piece of property in a mid -block location is to be avoided as a "spot zoning ", the property owner to the south of the subject property, Mr. Roger Nelson, has joined into the Comprehensive Plan Amendment and rezoning request so that a more substantial area would be rezoned. SPECIFIC REQUEST 1. An amendment to the Comprehensive Plan's Future Land Use Map that would change the guided use of the two subject properties from Industrial to Commercial; and 2. An amendment to the Zoning Map that would change the zoning of the two properties from BP -I, Business Park Industrial, to BP -C, Business Park Commercial. Also, a Special Use Permit for a Recreational Establishment (the Sportsplex) at 1650 Washington Avenue was requested of the City and approved by the Planning Commission at their February 14, 2011 meeting contingent upon approval of the Comp Plan amendment and rezoning by the City Council. EVALUATION OF REQUEST 1. Comprehensive Plan Amendment To enable the requested rezoning, the Comp Plan's Future Land Use map would have to be changed to guide the use of the properties commercially. The City Code establishes a process for approval of such amendments, but does not provide review criteria. They are left to the discretion of the City. Things to consider: Does the proposed change from industrial to commercial make practical sense? Would it reflect the current land use pattern? Would the change encourage redevelopment or reuse of properties in a manner that fits the area and supports the community as a whole? An early goal for the West Business Park was to have distinct areas for manufacturing, professional offices, and retail businesses. Consequently three different geographical areas were guided for their respective uses, and zoned accordingly. To a certain extent the goal was realized for a short while. In the early 1990s for example, the industrially guided and zoned area was home to a number of manufacturing businesses. As tax laws in other States put Minnesota businesses at an economic disadvantage, and as cheaper labor in other countries wooed manufacturing away from Minnesota (and Stillwater), the number of manufacturing businesses and jobs declined. Many non - manufacturing businesses began to occupy the vacated industrial buildings. The result of this metamorphosis is that most of the industrially zoned properties no longer have manufacturing uses. The attached Existing Land Use Map shows this situation. Kaufman - Nelson Case Page 3 of 11 The requested amendment to a commercial guiding recognizes the land use change away from manufacturing in the West Business Park. Moreover, the change is a reflection of national and statewide trends. Therefore, it is not likely to be reversed even if the City were to decide it wanted to invest considerable resources into recruiting manufacturing businesses. The proposed commercial hockey training facility and sports shop also makes some sense being located next to the City's recreation center. Though there is considerable angst over the potential loss of ice rentals and revenue from support services such as skate sharpening, concession sales etc., much of what is offered at The Sportsplex is not offered at the City facility and vice versa. Perhaps the concentration of similar uses may work symbiotically for the good of both recreation facilities and the community as a whole. 2. Rezoning Rezoning a property is allowed at the discretion of the City Council after being reviewed by the Planning Commission, as long as the requested rezoning is: 1) Consistent with the Comprehensive Plan and any adopted area plans; and 2) Compatible with the surrounding neighborhood. Comp Plan Consistency Assuming the requested Comprehensive Plan Amendment is approved by the City Council, the request for a rezoning from BP -I to BP -C would then be consistent. The CBD, BP -C and BP -O zoning districts are all consistent with the commercial land use classification Neighborhood Compatibility Land uses and zoning classifications in the immediate area include: • To the north - apartment building; zoned RCH, High Density Residential. • To the west - public recreation facility; zoned BP -I, Business Park Industrial. Note: this property is slated to be rezoned to PROS, Park, Recreation & Open Space as part of a city -wide rezoning project that has recently commenced. • To the south across Curve Crest Boulevard - retail and office; zoned BP -O, Business Park Office. • To the southeast across the intersection of Curve Crest and Washington Avenue - lumber company; zoned BP -O, Business Park Office. • To the east across Washington Avenue - veterinary clinic and vacant property; zoned BP -I, Business Park Industrial. The rezoning to BP -C would not represent a conflict with zoning in the area. After the City property next door is rezoned PROS, no land within the block surrounded by Curve Crest - Market Drive - Orleans - Washington Avenue would remain zoned BP -I. Moreover, all of the uses on the two subject properties will be allowed in the new BP -C zoning classification. And in theory, a commercial zoning is more compatible with the high density residential to the north than the current industrial zoning. 2 City Code Ch 31, Sec. 31 -205 3 Table 1.8 of the 2030 Comprehensive Plan identifies which zoning districts are considered to be consistent with each of the land use classifications. Kaufman - Nelson Case Page 4 of 11 Special Use Permit City Code Ch 31, Sec. 31- 207(d) states that a Special Use Permit can be approved if the Planning Commission finds a number of standards to be satisfied. As mentioned above, the Planning Commission reviewed the request against these standards and found them to be satisfied. They approved the Special Use Permit contingent upon City Council approval of the Comp Plan Amendment and Rezoning. For information purposes, the review of those standards will be reproduced here for the City Council. (1) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance Since the footprint of the building will not be altered, setbacks are not an issue. Parking Currently the property has 54 spaces. The attached site plan shows an increase to 94 spaces. A conservative estimate of the parking need for the facility is 82 spaces This assumes that most parents would stay rather than drop their athletes off and come back later to pick them up. Since not all parents will stay, the 94 spaces on the site should provide sufficient spaces even during overlap use periods. Some of the new parking spaces will be located on what is currently a gravel base along the south side of the lumber yard. City Code requires this area to be curbed and paved. Previously the area was part of a lumber yard, not a parking lot. Therefore, it was not required to be curbed and paved. The applicant has agreed to pave and curb this new area. Landscaping The landscaping plan is to add parking island treatments in the new lot area and to keep the existing landscaping intact everywhere else on the site. The one exception is that the lilacs along the fence south of the office portion of the building will be removed to allow for expansion of the parking lot. Exterior Lighting Building - All building lights, including security lights, must be down lit. Light sources will need to be shielded from direct view of the public. Cut sheets of the 4 Parking requirements of the Zoning Ordinance require 18 spaces for the 3,500 sf of retail space; 4 spaces for the four offices; 60 spaces for the training area. This is a total of 82 spaces. 5 City Code Ch 31, Sec 31 -510, Subd 1(f)(5). • Kaufinan - Nelson Case Page 5 of 11 fixtures shall be provided to the Community Development Department and found satisfactory prior to issuance of a building permit. Parking Lot - There are light standards in the existing parking lot. It appears that the new parking area will not have any lighting. If there is to be any additional lighting in the lots, cut sheets and illumination data shall be provided to the Community Development Department and found satisfactory prior to issuance of an electrical permit for their installation. Signage No signage plan has been submitted. Prior to installing any monument or building signage, a sign permit must be submitted and approved by the Heritage Preservation Commission and city staff. (2) Any additional conditions necessary for the public interest have been imposed. Any changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will also need to go to the Planning Commission for review and approval. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. For recreational uses in the BP -C zoning district the City Code specifically states that the place or building must be "sufficiently sound insulated to effectively confine the noise to the premises." 6 This is intended to cover not only the recreational noise associated with the athletes or customers, but also any special equipment that is required to support the business. So in this specific recreational establishment the City Code would have the Commission review both the insulation in the hockey training area, but also the noise attenuation associated with the utility units needed to maintain the ice and arena temperature. The Sportsplex owner proposes to reroof and insulate the entire shell that will surround the active area of the building. This ought to mitigate noise concerns for the apartment residents next door. Though, as part of the building permit application, an acoustical engineering report will need to be submitted to verify that the insulation will be sufficient to meet noise standards found in the City's nuisance ordinance. The mechanical units are shown in the submitted plans to be ground mounted on the west side of the building. This may be acceptable if a sound wall can be built to reduce noise levels at the apartment complex's south property line to within nuisance code standards. But rather than risk an unacceptable source of noise, the applicant has agreed to install the equipment indoors. The mechanical contractor has confirmed that this is possible. 6 City Code Ch 31, Sec 31 -325, footnote 7 (Last sentence of footnote). Kaufman - Nelson Case Page 6 of 11 ALTERNATIVES The City Council has the following options: 1. Approve the requested Comprehensive Plan Amendment and the first reading of the rezoning ordinance with the following conditions: a. If the Metropolitan Council requires any significant modifications to the Comprehensive Plan amendment as proposed, then the Comprehensive Plan amendment, rezoning, and Special Use Permit shall be reconsidered by the City. b. If the Metropolitan Council finds that the Comprehensive Plan amendment has a substantial impact on, or contains a substantial departure from, any metropolitan systems plan, then the Comprehensive Plan amendment shall be reconsidered by the City. 2. Deny the Comprehensive Plan Amendment and rezoning. 3. Table the requests for more information. RECOMMENDATION The Planning Commission recommends approval of the Comp Plan Amendment and rezoning, and approved the Special Use Permit contingent upon City Council approval of the amendment and rezoning, with the following additional conditions: 1. All changes to the approved plans shall be reviewed and approved by the Community Development Director. 2. A sign permit is required for any monument or building signage. This must be reviewed by the Heritage Preservation Commission and city staff. 3. Any outside trash receptacles must be completely screened with the same building materials as the portion of the building it is adjacent to. 4. All building lights, including security lights, must be down lit. Light sources must be shielded from direct view of the public. Cut sheets of the fixtures must be provided to the Community Development Department and found satisfactory prior to issuance of a building permit. 5. Any new parking lot light fixtures must be of a full cut off type. No lens or lamp shall extend below the bottom of the fixture housing. Cut sheets of the fixtures must be provided to the Community Development Department and found satisfactory prior to issuance of an electrical permit for the installation. The illumination strength at the northern edge of the property shall not exceed a calculated luminaire of 0.0. 6. The street address of the building shall be displayed in a location conspicuous from the public street. 7. The new parking spaces on the south of the building shall be improved with curbing and a bituminous surface prior to issuance of a Certificate of Occupancy for the building. 8. Prior to issuance of a building permit, an acoustical engineer shall submit documentation to the City verifying that the insulation around the inside of the active area of the building will be sufficient to meet noise the City's noise standards at the north lot line. 9. The mechanical units shall be installed inside. • • Kaufman — Nelson Case Page 7 of 11 10. The shelving racks inside the lumber sheds along the north property line shall be removed if the sheds would remain structurally safe be doing so. If removing them would compromise the structural integrity, then they shall be modified to prevent them from being an attractive climbing nuisance for children, or the entire sheds shall be removed. 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I tfi • Ie7 a RESOLUTION NO. 2011- A RESOLUTION APPROVING A COMPREHENSIVE PLAN LAND USE MAP AMENDMENT CHANGING THE FUTURE LAND USE FOR PROPERTY LOCATED ON WASHINGTON AVENUE FROM INDUSTRIAL TO COMMERCIAL CASE NO. 2011-03 WHEREAS, Robert Kaufman and Roger Nelson made application for approval of a Comprehensive Plan Land Use Map amendment changing the future land use of the subject property from Industrial to Commercial; and WHEREAS, the subject property is legally described as: See Exhibits A and B; and WHEREAS, on February 17, 2011 the Planning Commission held a public hearing on the requested Comprehensive Plan amendment; and WHEREAS, on March 1, 2011 the City Council held a public hearing on the request and no testimony was offered in opposition to the requested Comprehensive Plan Amendment; and WHEREAS, the City Council found that the requested Comprehensive Plan Amendment was consistent with the transitioning land use pattern of West Business Park, and that the existing and proposed land uses would be compatible with surrounding land uses. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Comprehensive Plan Amendment with the following conditions: 1. If the Metropolitan Council requires any significant modifications to the Comprehensive Plan amendment as proposed, then the Comprehensive Plan amendment shall be reconsidered by the City. 2. If the Metropolitan Council finds that the Comprehensive Plan amendment has a substantial impact on, or contains a substantial departure from, any metropolitan systems plan, then the Comprehensive Plan amendment shall be reconsidered by the City. Case 2011 -03 Page 2 of 4 Enacted by the City Council of the City of Stillwater, Minnesota this 1 St day of March, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Case 2011 -03 Page 3 of 4 Exhibit A That part of the North 386.60 feet of the South 731.48 feet of Outlot A of Stillwater Industrial Park, according to the plat on file in the Office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, containing 152,467 square feet; more or less. Case 2011 -03 Page 4 of 4 Exhibit B That part of the South 344.88 feet of Outlot A, Stillwater Industrial Park, Washington County, Minnesota lying East of the West 386.97 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. ORDIANANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The City's Official Zoning Map is amended by changing the property legally described in Exhibits A and B from BP - I, Business Park Industrial to BP -C, Business Park Commercial. This proceeding is known as Planning Case Number 2011 -03. Section 2. This Ordinance shall be in full force and effect from and after approval of publication according to law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 15 day of March, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Page 2 of 3 Exhibit A That part of the North 386.60 feet of the South 731.48 feet of Outlot A of Stillwater Industrial Park, according to the plat on file in the Office of the County Recorder, Washington County, Minnesota lying easterly of the West 386.97 feet thereof, containing 152,467 square feet; more or less. Page 3 of 3 Exhibit B That part of the South 344.88 feet of Outlot A, Stillwater Industrial Park, Washington County, Minnesota lying East of the West 386.97 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. • ,ffiwater THE BIRTHPLACE OF MINNESOTA TO: Mayor and Councilmembers FROM: Bill Turnblad, Community Development Director DATE: February 23, 2011 RE: Nature Valley Grand Prix Stillwater Criterium BACKGROUND The Nature Valley Bicycle Festival will have its grand finale and signature event in Stillwater again this year. The 10 annual Stillwater Criterium is planned for June 19 The City Council conditionally approved the contract for the event at the February 1, 2011 council meeting. The single condition was that the fee for reserving the two requested parking lots and on- street parking would be reviewed by the Parking Commission. This was done at the commission meeting of February 17, 2011. REQUEST The organizers of the event have requested that the City close each street in the course and reserve two parking lots for their exclusive use. From the Downtown Parking Commission's point of view, the request is on June 19 to reserve all of the on- street parking along the course and to reserve Parking Lots 12 (Olive St Lot) and 13 (UBC Lot). The course and lots involved are shown on the attached map. COMMENTS Parking Lot Reservations Lot 12 (Olive St Lot) would be used for the Festival Expo and serve as the location for the race jumbotron. The expo will include a number of vendors offering bicycles, bicycle accessories, fitness equipment, food and booths for festival sponsors. Portable restrooms will also be located in this lot. The City's fee schedule sets a price of $9 per space per day in this lot. Since all 47 spaces would be reserved, the total fee for the lot would be $423. The fee schedule also recognizes that the parking fee is negotiable for events of a magnitude necessitating a contract with the City, such as the Stillwater Criterium. Lot 13 would be the location of the "pit" for race participant bike repairs. It will also function as a base of operations for the event organizers. So, all 103 spots are requested to be reserved. As with Lot 12, the fee for this lot is $9 per space for the day. The total fee for this lot would therefore be $927. Again, this fee is negotiable. Stillwater Criterium February 23, 2011 Page 2 On- street Parking The race requires closure of the course streets. (See attached map.) Closed portions of both Second and Third Streets are in the Downtown Parking District and the City charges for reserving their on- street parking spots. Second Street up to the foot of Chilikoot Hill is considered part of the Downtown Parking District. It has marked on- street spots. Third Street up to Pine Street is considered part of the downtown parking system. Its parking spaces are unmarked. The total of these on- street spaces is 79 (51 un- marked and 28 marked). The fee for each reserved on- street parking spot is $3 for the day. The total is $237. As with parking lot fees, the on- street fee is negotiable for this contractual event. Total fees If the City were to charge the entire fee for use of the two lots and the on- street parking, the total fee would be $1,587. Note The event organizers have asked that the city waive the parking fee and in return the organizers would direct their participants and spectators to park in the city parking ramp. ALTERNATIVE COURSES OF ACTION The City Council has several alternatives. A. Waive the entire fee of $1,587. B. Charge the entire fee of $1,587. C. Charge $1,434, which includes the marked on- street parking on Second Street, and the spaces in both of the requested parking lots. This alternative would not charge for the unmarked on- street spots on Third Street. D. Charge only a portion of the fee. RECOMMENDATIONS The Parking Commission recommends Alternative C ($1,434). Staff recommends reducing the fee by 50% to $717, since this is the 10` year that the event has been held in Stillwater and a parking fee has never been charged before. Attachments: Map Application Form and Materials bt • li ( f - .� / ; .. A , ` V s Via ......,:-.....,,,,,:,,, 71 i : , 7." ,..,. ',..* - ' 4 - ' 111111111 L 1 Cr) in Y I D At � „ _ la- I c i il . , e i ,-• i ' - ', .. ',.---- - I .1 .• „ ,,.• ., . , \ 7 .,,,„„ -4 , , . 1.: t ' 1 ' N • - - ♦�.. lig i a — ., , li (1) v 10 . ♦ 1 i� t A Z ,, , ky,... 4 . c Ir. ' k' ♦ ".� fir„♦„' { , i M • , _ I ,:::--„, ''' '7 ''' • ..: • .,,,,,______ t .; \ 1 ,4, ' . ' .,.,,c,_ ‘ \, ,,,,..., ,,,. , , , ,, , ,, ,, - 1 ! "7 , • :.. .7 :, ' :., 4 , -- ,,. , '''' . $;: , ,,,.... t , * \ := ;',\'''''';: ,,,,:.\',"?\,. ti ' i :; I f - ' .' 1 ' 1 I ..., t - '4' imu. ,,i, ' 14 :', ...,., A , ,..„‘._ , ......,,..,,,, . :iii, (0 _ ,,,,, , ______ 7 coA 4t, \ , , ,,,,,,H :.,, , 1,4,,t.,:;,,,„,,;‘,,,.. ,,,,._.‘,_______. , .,,,, :,_ t" , ' a '1 \ ' ' I . ".' . 1— \ ' ' . • ir , U) , - 1 �I ,, ,,,...., ,, ...e.,...,, :„.„.„, ,,_ �.. v a \„..---- em u — . „ _ fie ' it a � a 'a - \ ' rs ♦ _ : ,it, . i.,...,,,, -- , 1 . 4. � t t i 1 ,, e 1 a � . "m _ I .. X17 r L EVENTS PERMIT APPLICATION 216 North 4 Street, Stillwater, MN 55082 r e a 1 1 1 r n► l i� c e e r■ 1 Telephone: 651 -430 -8800 Fax: 651 -430 -8809 incomplete applications or applications received after deadline will not be Office Use onto accepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: Lv\_ ZS , 2. 1 Application Complete No ❑ Yes ❑ Event Information Title /Name of Event >�` 1/4) � Event Date/Time: Set up: Date V N� \ Time 1 ,' to C Actual Event: Date u \.`\ Time \U AS to 3•U� • Clean up: Date \ � 1 Time .7 0'. 01 ) .7 0'. 01 ) r to .3o (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) ' 1"c 1 09C'S y` Estimated Attendance (participants and spectators): S ) Opp ? Applicant Information (Person /Group Responsible) Sponsoring Organization Name: &A I \trJtJL t's- La. 1, Mailing Address: Sc) City, State, Zip Code: \\\ VAc -‘ SSbb2- Primary Contact/Applicant Name: Phone Number: t,5\ -143- SIEM Fax: .— Cell Phone: Email Address: ' \� MSh 'N'\ Website Address: Name of contact person during event: l \ ` Cell Phone: �S� -3 _ 511 ` Alternate contact during event: Cell Phone: Refer media or citizens inquires to: L1.)\ Phone: .9 S t S■81 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 'I 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 W Hours and Type: Will a stage or tent(s) be set up? No ❑ Yes E Dimensions: Will there be temporary fencing? No ❑ Yes Will merchandise /food items be sold? No ❑ Yes a•-- How many vendors expected: 2 - 3 Will food be prepared on site? No ❑ Yes vp Contact Wostington County Health Department, 651- 430-6655 Will cooking operations be conducted? No ❑ Yes ❑ Contact Stillwater Fire Department 3514950 Will alcohol be served but not sold? No 5' Yes ❑ See Akohol Regulations in the instructions Will alcohol be sold? No (i Yes ❑ See Alcohol Regulations in the instructions Will there be a fireworks display? No ' Yes ❑ Permit requked, canted Stillwater Fire department, 651- 3514950 Describe power needs and location of power source. C?444 r s ti o j e4 >~ se. b. s »S% • oti+c. ?• S+ebo < Per..-1 N C.4 PeArk z �.c \al- I cow.. t4 SOLL.04.44 ' L - Ordlie • NC l4-- Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available L --/-- ,. - W , lot e . r () rt 55 S b.r+� — � cs • �, st 5* Gw s� t \lat. me.,41 City Services (After reviewing the event application, City services may be t eguried for the event) Will event use, dose or block any of the following: If yes specify location on site map. �,� City Streets or Right -of -way No ❑ Yes IS Start/End Time: VY.C4. taw Date: \-ft 1S City Sidewalks or Trails No Ti3 Yes ❑ Start/End Time: Date: Public Parking Lots or Spaces No ❑ Yes I7 Start/End Time: 53:0*.. r 4 :34 Date: `I Will event need barricade(s)? No ❑ Yes )0 Number needed: � ' 1 •■ ck.b‘abE.. Will extra picnic tables be needed? No Eir Yes ❑ Number needed: Will portable restrooms be needed? No ❑ Yes Number needed: 6 Ne w \ Qcl;:AL Will extra trash receptacles be needed? No ❑ Yes p- Number needed: is NVC�, ,,,,\ pco■v:OC Describe trash removal and cleanup plan during and after event: C S■.AM 1 1-se st-. k- ' tsck -re44_ Cc c 4 - y-t-,. 4 \11,. C"-c- t. oNxa►c, . 1 \c 1 L Xi' uk-. CJn OSLv' - L iS 61/4 Tt. clt ti b,a . Will event need traffic control? No ❑ Yes 0' Contact Stillwater Police Deportment for assistance, 651- 351.4900 Describe crowd control procedure to ensure the safety of participants and spectators: Q cc.Q tl Will "No Parking Signs" be needed? No 0 Yes la Number needed: c ,;,,A\ (s) on site map Will event need security? No /R1 Yes ❑ if event is overnight security win be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes VI Contact Lakeview EMS, 65143041621 N ; V , , % �VZ t� Describe plans to provide first aid, if needed: `` y`! Z. `t\�'s rte. 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 of 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, I 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. S � ' . 25 ■ 2\\ Signature of Applicant or Authors Agent Date 10th Annual Nature Valley Grand Prix Stillwater Criterium )TUR 4 N y t 46 toil 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 Saved as: f:\city \development Draft 1— 2/24/11 DEVELOPMENT CONTRACT BETWEEN THE CITY OF STILLWATER AND ST. CROIX PRESERVATION CO. INC. This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 651 -439 -9464 telephone 651- 439 -5641 fax DEVELOPMENT CONTRACT THIS AGREEMENT, dated as of the day of 2011, between THE CITY OF STILLWATER (the "City "), a Home Rule City of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and St. Croix Preservation Co. Inc., a Minnesota Corporation, (the "Developer "). WITNESSETH: WHEREAS, the City is a Home Rule City organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes Section 469.124 - 469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and pursuant to the Minnesota Tax Increment Financing Act, Minn. Stat. §469.174- 469.179, as amended, the Council is authorized to finance the capital and administration costs of a development district with tax increment revenues derived from a tax increment financing district established within the development district; and WHEREAS, on April 30, 1989, the Council of the City has established a development program (the "Program ") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District ") and Tax Increment Financing District No. 1 (the "Tax Increment District ") pursuant to the Municipal Development Districts Act and the Minnesota Tax Increment Financing Act; and has prepared and approved a tax increment financing plan and a development district plan (the "Plan"); and WHEREAS, on February 15, 2011, pursuant to Minn. Stat. §469.176, subd. 4m, the Council adopted a Spending Plan for the Administration of Tax Increment funds and also approved parking plans for a sidewalk area street improvement designed to create a pedestrian common area between Downtown businesses and the original parking ramp; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1. DEFINITIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means the Municipal Development Districts Act, Minn. Stat. §469.124 et seq., as amended. -1- 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "City" means the City of Stillwater, Minnesota. 1.1.4. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the City. 1.1.5. "Developer" collectively means St. Croix Preservation Co. Inc., a Minnesota Corporation. 1.1.6. "Development District" means Municipal Development District No. 1 created by the City. 1.1.7. "Developer Property" means an easement for the right -of -way of the extension of Commercial Avenue, Original Town (now City) of Stillwater, and an easement for widening the right -of -way of Myrtle Street between Developer Parking Lot and Hotel Parcel, and an easement for water main purposes all as described in Exhibit A. 1.1.8. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seq., as amended. 1.1.9. "Parking Lot" means the property described on Exhibit B. 1.1.10. "Plan" means collectively the tax increment financing plan and the development district plan created in connection with the Program and the Development District. 1.1.11. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.12. "Public Improvements" means the demolition, site clearing and preparation, pollution abatement, and parking related facilities and public walkways and restrooms to be constructed by the City on the Parking Property. ARTICLE 2. REPRESENTATIONS AND WARRANTIES; INTERPRETIVE RULE Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a Charter City of the State with all the powers of a Charter City duly organized and existing under the laws of the State. Under the provisions of the Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. -2- 2.1.2. To finance the costs of the activities undertaken by the City, the City proposes to use the proceeds of tax increment generated by the Tax Increment District. 2.1.3. The City will transfer City property and accept a conveyance of Developer's Property on the terms and conditions described in ARTICLE 3 of this Agreement. ARTICLE 3. CITY ACTION AND ASSURANCES Section 3.1. As an incentive to Developer to convey the Developer's Property for construction of the Public Improvements, the City grants the following assurances to the Developer: 3.1.1. Upon the execution of this Agreement which will be considered a verified Petition, the City will commence proceedings pursuant to Minn. Stat. §440.135 to vacate a nine -foot by 208.1 foot strip of Water Street adjacent to the west line of Developer's Parking Lot. The back of curb of Water Street would be relocated to the new property line. An easement will be reserved in the vacation resolution for a five -foot sidewalk easement adjacent to the new west line of Water Street. The area of vacation totals 1,872.9 square feet of land of which 1,040.5 feet will be encumbered with the sidewalk easement. 3.1.2. Upon the execution of this Agreement, the City will commence proceedings under ARTICLE XVI of the City Charter to consider the conveyance of a five -foot by 208.1 foot strip of City owned land adjacent to the east line of the Parking Lot. This area equals a total of 1,040.5 square feet of land. 3.1.3. The City will reimburse Developer in the amount of $6,600.00 for the expense of expanding the existing parking lot nine feet (five feet to the east and four feet to the west) due to the loss of parking in the north section of the parking lot. This is based on an estimated cost of $3.50 per square foot. 3.1.4. The City will reimburse Developer not more than $2,000.00 being the estimated cost to restripe the entire parking lot due to the reconfiguration of the parking lot. 3.1.5. The City will complete a total parking lot reconstruction of the Parking Lot (including new lights and other needed parking lot features) due to the reconfiguration needed because of this City acquisition. The City will spread the costs of the construction as a special assessment against the Parking Lot over 10 years at a fixed interest rate of 3.25% (current prime rate). 3.1.6. The City will relocate the existing street curb and public utilities within the existing Water Street right of way and pay to have this work completed. Staff estimates that this work will cost $33,580.00. -3- 3.1.7. The City will cooperate with the Developer in an effort to relocate their trash enclosure that will be displaced by the acquisition to the west side of the Water Street Inn building. The new enclosure will meet the requirements of the Downtown Design Guidelines and have a minimum of six feet of clearance maintained on the sidewalk between the enclosure and the back of curb for Water Street. The City will reimburse Developer fifty percent of the cost of the enclosure up to a maximum of $10,000. 3.1.8. The City will directly pay all survey, document preparation, and recording costs to accomplish the outlined land transfers. ARTICLE 4. DEVELOPER ACTION AND ASSURANCES Section 4.1. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 4.2. Based upon the assurances of the City, Developer will convey the Developer Property to the City subject to the terms of this Agreement. Section 4.3. Developer also consents to the assessment described in §3.1.5 and waives any right to appeal the assessment to the District Court pursuant to Minn. Stat. §429.081. Section 4.4. If it becomes necessary for the City to begin the Public Improvements prior to the time of conveyances, Developer agrees that the City will have access to the Developer's property for purposes of doing the work. ARTICLE 5. ACQUISITION Section 5.1. Acquisition. The Developer will convey to the City and the City will accept a conveyance of the Developer's Property, and the City will transfer to Developer and Developer will accept the conveyances of the City property, provided that neither the City nor the Developer are then in default of this Agreement and provided proceedings under Minn. Stat. §440.135 and City Charter provisions Sections XVI have been successfully concluded. Further, before the time of conveyance, both parties must have examined title to land and each must satisfy themselves that the other has good and marketable title to the land being conveyed. Section 5.2. Time of Conveyances. -4- 5.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured) the conveyance to the City shall occur: (a) on or before the date the City executes a Contract for the purpose of construction of the Public Improvements; or (b) on such other date as the City and the Developer mutually agree in writing. 5.2.2. Unless otherwise mutually agreed by the City and the Developer, the execution and delivery of all deeds shall be made at the principal offices of the City. ARTICLE 6. CITY PUBLIC IMPROVEMENTS Section 6.1. Public Improvements. In addition to its other undertakings pursuant to this Agreement, the City will undertake the construction of the Public Improvements upon the Developer Parking Property. Section 6.2. Commencement and Completion of Public Improvements. The City will commence construction of the Public Improvements within thirty (30) days after award of a contract for construction of the Public Improvements, or on such other date as the parties agree. ARTICLE 7. EVENTS OF DEFAULT Section 7.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events that remains uncured after 30 days written notice to the defaulting party of the event; provided, however, that if such default is of a nature which cannot reasonably be cured within 30 days, the defaulting party shall be given an additional reasonable period of time to cure, provided the defaulting party commences the cure within such 30 day period and thereafter prosecutes such cure with reasonable diligence. 7.1.1. Failure by a party to make a conveyance of land pursuant to the terms, conditions and limitations of this Agreement. 7.1.2. Failure by a party to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed hereunder. 7.1.3. Any party: (a) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; -5- (b) makes an assignment for the benefit of its creditors; (c) admits in writing its inability to pay its debts generally as they become due; or (d) is adjudicated bankrupt or insolvent. 7.1.4. The City fails to maintain the Public Improvements or to make the Public Improvements available pursuant to the terms, conditions and limitations of ARTICLE 4 of this agreement. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, a party may take any one or more of the following actions: 7.2.1. Suspend its performance under the Agreement until it receives assurances that the other party will cure its default and continue its performance under the Agreement. 7.2.2. Take whatever action, including legal or administrative action, which may appear necessary or desirable, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant contained in this Agreement. ARTICLE 8. ADDITIONAL PROVISIONS Section 8.1. City Representatives Not Individually Liable. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 8.2. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non - discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 8.3. Restrictions on Use. Developer agrees that the Developer's Property will not be used for any use which is not specified in the plan, this agreement, the zoning ordinance and any condition of approval of any zoning permit. Section 8.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. -6- Section 8.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: If to Developer: St. Croix Preservation Co. Inc. If to City: City of Stillwater Attn: Larry D. Hansen 216 North 4th Street Stillwater, Minnesota 55082 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 8.7. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. ARTICLE 9. TERM Section 9.1. The restrictions on private use of the Public Improvements contained in this Agreement will terminate upon the maturity date of the Bonds or earlier if the Bonds are redeemed prior to maturity. Section 9.2. The remaining covenants, warranties and conditions will remain in effect for the life of the Public Improvements. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER Ken Harycki, Mayor -7- ATTEST: Diane F. Ward, Clerk DEVELOPER: ST. CROIX PRESERVATION CO. INC. a Minnesota Corporation By Its STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of , 2011, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2011, by the , duly authorized agent for ST. CROIX PRESERVATION CO. INC., a Minnesota Corporation, the Developer. Notary Public -8- This Document can be made available in alternative formats upon request State of Minnesota HOUSE OF REPRESENTATIVES EIGHTY - SEVENTH 375 SESSION HOUSE FILE No. February 7, 2011 Authored by Kahn, Drazkowski, Anzelc, Paymar and Lesch The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform 1.1 A bill for an act 1.2 relating to liquor; modifying off -sale intoxicating liquor sales; amending 1.3 Minnesota Statutes 2010, section 340A.504, subdivision 4. 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. Minnesota Statutes 2010, section 340A.504, subdivision 4, is amended to 1.6 read: 1.7 Subd. 4. Intoxicating liquor; off -sale. No sale of intoxicating liquor may be made 1.8 by an off -sale licensee: 1.9 (1) on-Strlyd s; 1.10 (-2-). before 8:00 a.m. or after 10:00 p.m. on Monday through Malay Sunday; or 1.11 (3) oirPlrairk- sgiviirg Day; 1.12 (4) (2) on Christmas Day, December 25; -er. 1.13 (5) aftcr 8:00 p.m. on Chriahirds LvL;13.,cN:inbcr 24. 1.14 EFFECTIVE DATE. This section is effective the day following final enactment. • - 1 wa er Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Thursday, February 24, 2011 Re: Municipal Parking Ramp - Pay Station Upgrades Message: When the City selected the equipment for the Municipal Parking Ramp it went with an entry level set of equipment that was easily upgradable in order to allow the City to save initial start up costs. Since we are using entry level equipment it lacks many of the features users expect therefore it makes using the system difficult for our parking patrons. Some of the issues we have encountered include: • Since entry tickets are not dispensed, some patrons don't realize that they are required to pay for parking when they exit the ramp. This has left some patrons stuck in the ramp. In some cases staff believes a few patrons may have damaged our equipment attempting to get out without paying when they are faced in this situation. They expect the arm to go up automatically even without paying. • With the exception of special events, most ramps have a grace period and a graduated rate schedule with a maximum daily rate. Without entry tickets all patrons are required to pay a flat fee regardless how long they park. • The Lowell Inn offers free parking for its guests. Their current system requires patrons to obtain a proximity card from the front desk of the Lowell Inn and return in to a drop box at the gate. Various cards have gone missing and some guests have inserted the card in the credit card reader jamming it and making it inaccessible to other patrons trying to exit and exposing the credit card reader to potential damage. Beyond patron usability issues, the system presents challenges for staff. Some of these issues include: • The proximity cards used by the monthly permit holders and the Lowell Inn are difficult to program. Programming is done at each exit gate on a key pad and acknowledgements are done through a series of beeps with no ability to visually verify the accuracy while the programming is being completed. • Since our system does not use entry tickets, some features in our system are disabled making it difficult and time consuming to change rates (Summer /Winter, Fourth of July, and Lumberjack Days). Staff spends a few hours each time the rates are required to be updated to complete the task. With entry tickets, this same task will take a few minutes to complete. To help address these issues staff is recommending two upgrades to our current parking ramp equipment. The first is a new proximity card system and the second is new entry ticket dispensers. Both of these systems will interface with our existing equipment. Proximity Card Reader System Due to the issues faced with the current generic readers, the planning department staffs believes the City needs to move to a computer based proxy card reader system that allows control of the readers from city hall without the need to change card information at each individual machine. New readers would replace those currently at each exit. Also, if the City chooses to upgrade to entry ticket dispensers, proxy card readers would be needed at each entrance as well. Even if the Parking Commission chooses not to recommend that the City Council purchase ticket dispensers at this time, planning staff believes it is a responsible use of capital and human resources to move to a computerized proxy card reader system now. Amano McGann, the vendor of the ramp's parking equipment, quoted the City a price of $8,000 for the proxy card reader upgrade. The price includes shipping, taxes and installation fees for four readers. If the City chooses to wait to add entrance ticket dispensers at a later date, the new system is designed to accommodate that upgrade whenever it occurs. A second price quote of $8,200 was submitted by the UHL Company. Though the cost is $200 higher, it offers a system that is stand alone and does not rely on a computer to operate. This means the City will have one less piece of equipment that could possibly fail and need ongoing maintenance. For this reason, the City's IT department strongly recommends that we pursue the option from UHL Company. The City Administrator assigned the responsibility of managing the parking ramp to the Planning Department. The pay lots are managed by the Police Department. The policy commission for both is the Downtown Parking Commission. Entry Ticket Dispensers To avoid confusing our patrons, and potentially losing return visits to the facility, the City could install ticket dispensers at both ramp entrances.. In order for the ticket dispenser to interface with our existing pay stations, the City is required to go with Amano McGann dispensers. The cost for the two entry ticket dispensers is $29,995 and includes freight, taxes and install fees. If the City moves to a system with entry ticket dispensers then we could offer flexible rates and short grace periods (first 1 or 2 hours free) as opposed to a single flat rate. In addition, the Lowell Inn could stop using the proximity cards for their customer parking and validate the entry tickets. The Lowell Inn has agreed to purchase the equipment needed to validate if the City changes to this system. Staff Recommendation Even with these changes, our system would be inexpensive compared to many if not most parking ramp systems. Originally, the City seriously entertained installing a system that cost just over $180,000 but went with a system that allowed future expansions and cost less than half of that at $88,995.00. After using the system over the past year, staff has learned some of the downfalls and believes making these changes would benefit the patrons of the ramp and be a more efficient use of staff time. Staff recommends spending $38,195 to upgrade the parking ramp revenue system to add a new computerized proximity card reader system and entry ticked dispensers. . Parking Commission Recommendation The Parking Commission recommended that the City Council authorize spending $38,195 to upgrade the parking ramp revenue system to add a new computerized proximity card reader system and entry ticked dispensers. mp p sxzw,t44. 4 12 c) . A rt W AitAtitAA‘ • r ter THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: February 24, 2011 RE: Request by Stillwater Family Dental to lease spaces in parking ramp surface lot BACKGROUND Trinity Lutheran Church and HAF Architects received City approval for construction of an office building at the corner of Myrtle Street and Third Street. The Post Office would become the major tenant of the middle level (ground level from the 3 Street parking lot), and HAF Architects would occupy the upper level. But construction has been delayed until an occupant could be found for the lower level (ground level from Myrtle Street). Stillwater Family Dental has now entered into a purchase agreement for the Myrtle Street level. REQUEST Stillwater Family Dental is asking to lease the most northerly eight spaces in the parking ramp's surface lot. (See attached site plan.) The leased spaces would be posted as reserved M -F from 7 AM -6PM for the dental clinic. COMMENTS Location Most of the clinic's patients and staff will park in the ramp. The staff will purchase quarterly parking passes and the clinic will purchase bulk voucher coupons for its clients. But, the clinic is geared toward handicapped client accessibility and service. So though most of their patients are not handicapped, their facility is planned to comfortably provide for the specialized needs of handicapped clients. One of those needs is handicapped accessible parking that is located fairly close to the clinic. A quick look at the parking ramp's attached parking lot would suggest that the eight reserved spaces could be located in the southerly parking bay of this lot, since the southern bay is owned by Trinity Lutheran Church. Furthermore, the southern bay is directly adjacent to the planned office building. But in order to relocate the Post Office to this new facility, the church has committed to reserving those spaces for the Post Office. • Dental Clinic Request February 24, 2011 Page 2 Precedent The City does not generally lease public parking spaces to businesses. There are however several types of exceptions to the general policy. First is for the two trolley companies downtown. Though their cases don't apply directly to the dental clinic request, the second type of exception does. The second type relates to parking associated with TIF funded economic development projects. For example both the Cub Foods Corporate Office parking lease and the Maple Island redevelopment project lease for River Market Co -op parking. For both of them, leasing public parking was critical to success of the TIF funded project. Similarly, the parking ramp is TIF funded and intended in part to spur development and earn both operating revenue from users of the new development as well as generate new tax revenue to retire the construction bond. This is occurring. The Lowell Inn constructed and opened its banquet facility, and is scheduled to open its new hotel rooms above the banquet hall this spring. Neither of these would have been possible without the parking offered by the new ramp. Now, Trinity Lutheran Church is about ready to begin construction on a tax generating office building that will house well paid professionals. This also would have been impossible without the new parking facility. Impact on current users In addition to precedent, City officials also consider what impact leasing public spaces would have on the current users of those spaces. Except during major events downtown, the Third Street parking lot is used almost exclusively as overflow parking for the current Post Office and for Trinity Lutheran Church staff and the church's day care clients. Since the dental clinic would have the eight spaces reserved only during normal business hours, the spaces would still be available for major events. And the church assures the City that there is sufficient convenient business hour parking in church owned lots without the need for the eight spots requested by the clinic. Consequently, if the City leases the eight spaces during business hours, it would not leave current users without convenient parking. Lease fee Leasing public parking spaces occurs so rarely that the Parking Commission and City Council consider each request on a case by case basis. There is no established fee. Since the request is to lease the spaces M -F during normal business hours, and since the lot is attached to and constructed with parking ramp funding, the Parking Commission recommends using the lease rates charged in the adjacent parking ramp. Eight reserved business hour parking spaces in the uncovered portion of the ramp would cost a total of $960 annually (plus the cost of making and installing the reserved signs). Uncovered spaces in the ramp cost $10 per month (M -F; 7AM -6PM). If the spaces are to be reserved, a 25% premium is added to the base cost, for a total of $12.50 per month. Also, if five or more spaces are purchased as a time (eight are requested by the clinic), then a 20% discount ($2.50) is applied. The resulting total is $10 per space per month. 8 spaces x $10 x 12 months = $960. Dental Clinic Request February 24, 2011 Page 3 RECOMMENDATION The Parking Commission and staff both recommend that the City Council approve the request by Stillwater Family Dental to lease the eight spaces during business hours for $960 per year (plus the cost of manufacturing and installing the reserved signs), based upon the 2011 fee schedule. Attachments: Site Plan Letter from Dental Clinic bt 1...... * 3 9 + + 9 * + + * • :: '+''',. 91,''',, 4 4 4 4 4 f \op Ilt 4 4 9 4 -> 4 9 4 4 • OA'. , of + 4 0 _ , 0 „ „ 4 4 3 3 , f - o L I r ellill 4 -> 4 4 4 4 4 + 4 -4 P + 1 0 7 rig E W / x , r... \ cn E i Iii a) • -cp o.,........... a) C> , "I. P 411\ 17i (,) a) a) (..) o a) a) o_ . .. •-S : \ 1 r1 0 • ..-. p• ...• • :,,, , , . 4 • •.• el .., - _ ,..,, .e....„,.... *II III kl Lill (,, .41$ ••• • -• .-* ,• .•:.:. ...*. • : A 41 • ' :',•.'":;; \ tp.....,,,,.: ..:...1:•• 1011 mini a A MI 'lily ig, '-.17.(40 _,..•.....: Ifril'al ,iis .I.k, 7 .----- Ai g-.... : :.„..,.:.....-.....:: : . . . .....,„,/ 0 . 0 le 1 ■..,, II, ,., „ ,..„,„ , ........„ ..„,....„. i \ iii, .....,.. . ..ii./ .... --- ■11 I pi ,,' ,' , 7 : ( 4, i 1 , , .. I L __1 I I -1 r '. 1E- --i /77 ... 1 IPM■ 1 .. 1 Bill Turnblad From: Dr. Rosalie J. Perpich DDS [ r. perpich @stillwaterfamilydental.com] Sent: Tuesday, February 01, 2011 2:31 PM To: Bill Turnblad Cc: Bob W. Eiselt Subject: parking commission meeting in February Dear Mr. Turnblad, Thank you for meeting with us last Friday. I am writing to request to be added to the agenda for the February Parking Commission Meeting. I am requesting eight designated parking spots in the north end of the parking lot of the future post office building on the corner of Myrtle and Third street. These spots will be leased by Stillwater Family Dental to better facilitate patient access for the following reasons: 1. I own a family practice which is unique in that it not only serves families but also serves a great deal of elderly and special needs adult patients. a. My second practice is located in the Gables Care Center at Boutwell's Landing. At times family members transport parents or friends to my main clinic. b. I have considerable special training in working with medically compromised adults. This is a current and growing aspect of my practice and a much needed service to our community. c. Because of this we offer sedation dentistry to assist in treating these patients. d. My goal is always to make the dental visits as smooth and easy for the caregivers as possible. 2. I will also be leasing 10+ spots for my employees and purchasing vouchers for patients to park in the ramp. 3. I wanted to give you a little information about myself to help in your decision and to express my passion for working with this population. I am... a. actively involved with the Minnesota Dental Association and serve on the "Elderly and Special Needs Adult committee ". b. currently serve on the executive council for the St Paul District Dental Society. c. liaison for the state of Minnesota "Donated Dental Services" program. d. delegate for the MDA House of delegates. e. Adjunct faculty lecturer for the University of Minnesota School of Dentistry — "Long term care and Geriatric dentistry mini — residency program ". Thank you for your attention to this request. I look forward to moving my business into the downtown Stillwater location. Stillwater Family Dental http:/ /www.stillwaterfamilydental.com 1725 Tower Drive Ste. 130 AUTHORIZING PURCHASE OF ENTRY TICKET DISPENSERS FOR THE MUNICIPAL PARKING RAMP BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of a entry ticket dispensers for the Municipal Parking Ramp from Amano McGann in the amount of $29,995 is hereby approved. Adopted by the City Council of Stillwater this 1st day of March 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Amano McGann, Inc. 2520 Broadway Street N.E. Suite 100 Proposal For Parking Control Equipment AMANO Minneapolis, MN 55413 Prepared for: Tel: 612- 524 -6325 City of Stillwater Fax: 612- 524 -6327 Furnish and Install (2) Ticket Dispensers www.amanomcgann.com February 4, 2011 EQUIPMENT LIST Item Model Qty Description A AMG -2000 2 Magnetic Stripe Ticket Dispenser with programmable voice kit, dual ticket feed, timed ticket retract, and multi- function backlit display B FPP 2 5" OD, concrete filled protection post with flange mount C MISC 1 Shop Supplies Investment Summary Materials Total (Including freight & tax) $26,199 Electrical Work $1,800 Amano McGann, Inc. / Egan Installation Services $1,996 Total Project Cost $29,995 OPTION ONE - ADD TELEPHONE BASED INTERCOM STATIONS WITH REMOTE VENDS D MT -SAT3r 2 Telephone Intercom Substation ADD $3,995 Removal of the factory voice kit is required to accommodate this option E MT -MUI4 2 Telephone Intercom Consolidator Unit (4 station) Notes Installation to take place after April 15, 2011 Existing detector loops will be re -used Existing low voltage wiring will be re -used Proposal is subject to attached Terms & Conditions Terms of Sale 1/3 down payment with signed proposal 1/3 Net -10 upon arrival of materials to Annano McGann warehouse (Please Initial) 1/3 Net -10 after installation Pricing listed is valid for 45 days Scope of Work Amano McGann, Inc. Provide electrical riser /equipment layouts of system Furnish, install and make connections to equipment listed above Provide Concrete filled Protection Posts per our layout diagrams Provide training on operation/maintenance of system One year parts and labor warranty on new equipment Others Painting of Protection Posts Building Engineer's approval to saw-cut and drill at new equipment location/s Exclusions Integrity of existing conduit /s, wiring and detector loops Integrity of peripheral system components being re -used Additional customer policies /procedures /requirements not specifically listed above Base Proposal Amount: ($29,995.00) Please circle desired equipment option /s, sign below and fax back to 612- 524 -6327 to initiate an order. Proposed By: Accepted By: Amano McGann, Inc. Name: Title: 2 Date: Nick Colianni P.O. #: _ Sales Executive Thank you for your continued business with Amino McGnnn, Inc. AMANOMcGANN PARKING SOLUTIONS AMG-2000 Series Entry Station Ntelcome `, , e ry , ter, ^�, gn '�"52' , i �, Compliant f s - The AMG -2000 Series Entry Station is designed for multiple uses, typically at the unattended entrances of a parking facility. The AMG -2010 Series Entry Station dispenses a mag- stripe parking ticket. The AMG -2050 Series Entry Station adds access cards and credit card functionality such as ticket in /credit card out, and credit card in /credit card out "" when used with an AMG-6050 Series Exit Station. AUTHORIZING PURCHASE OF PROXIMITY CARD READER SYSTEM FOR THE MUNICIPAL PARKING RAMP BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of a Proximity Card Reader System for the Municipal Parking Ramp from UHL Company in the amount of $7,799 and hire Amano McGann who will make the physical connection of the Proximity Card Reader System to the gate arms equipment in an amount not to exceed $400 is hereby approved. Adopted by the City Council of Stillwater this 1st day of March 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Ur �, : ��,: PROPOSAL 76 425 2 7226 Proposal: MP11036 ZACHARY LANE N Date: February 15, 2011 MAPLE ;ROVE. MN 55360 Project: Ramp Access Control To: Michel Pogge City of Stillwater 216 N 4` Street Stillwater, MN 55082 UHL Company to provide an Access Control System to include: 1 S2 Security S2- NBSB2 -RM NetBox System Bundle 4 readers, 8 input 8 output 4 HID 5455BGN00 ProxPro II Card Reader Installation Notes: • QUOTE INCLUDES LOW VOLTAGE WIRING, INSTALLATION, PROGRAMMING, TRAINING AND WARRANTY. • Customer responsible for a network rack for mounting and a network port with static IP address. • Customer responsible for existing conduits with sufficient space for low voltage wiring. • Customer responsible for terminations to gate operating equipment. • Customer responsible for 110ac where required. Materials and labor as specified above for the total sum of: $ 7,799 UHL will be responsible to provide project supervision, engineering, overtime, fringe benefit costs, shipping, handling, storage, applicable taxes, Workmen's Compensation and General Liability Insurance, other required insurance premiums, bond premiums if required, permits, license fees, royalties and all things necessary to complete the work in accordance with the contract documents. Customer is to carry fire, tornado and other necessary insurance upon the proposed work. Customer is to complete their site preparation items of responsibility prior to and /or during the time period UHL is at the site completing the scheduled hours for the above work. Additional hours required above and beyond as a result of incomplete site preparations including any requested alterations or deviations from the above specifications involving extra costs will be billed as an extra charge over and above this proposal at standard billing rates including applicable trip charges. This proposal includes the additional terms and conditions found on page (2) two of these forms. Respectfully submitted: Mike Polley Mike Polley Security and Fire Sales Manager NOTE: This proposal supersedes previous quotes and may be withdrawn by UHL Company if not accepted within 30 days. ACCEPTANCE The proposed products, price, notes and the terms and conditions as set forth on page (2) two of this document are accepted. UHL Company is authorized to order materials and perform the work as specified. Payment will be made as outlined herein. Accepted (Sign): Name (Print): Date: Title: Page 1 of 2 UHL Company, Inc. — Terms and Conditions of Service 1. UHL Company, Inc. (UHL) will use competent personnel and state of the art equipment to perform its work in a timely and professional manner. This quote is valid for a period of thirty (30) days from the date indicated. 2. For FIRE and INTRUSION alarm systems requiring signaling to a central alarm monitoring station, OWNER must provide analog telephone lines to meet applicable federal, state and local fire codes. 3. UHL warrants that it is protected by Worker's Compensation insurance, public liability insurance and property damage insurance policies. Certificates for all such policies of insurance will be provided to the Customer upon written request. Customer will carry fire, tornado, Builder's Risk with full owner and contractor coverage's and other necessary insurance for the period. 4. Payment is due within 30 days of presentation of invoice. Interest shall accrue on any unpaid balance at a rate of 1.5% per month. Acceptance by UHL of partial payments shall not constitute any release of collection or lien rights. 5. In the event of Customer default, UHL will give ten days notice to cure. If Customer remains in default, UHL may terminate this agreement and recover the balance due. Customer will pay all expenses, damages and cost incurred, including attorney's fees incurred by UHL in collecting the outstanding debt. 6. If, for any reason, Customer directs a cessation of the work on all or any part of the project, UHL shall be paid for its portion of work completed at the time of cancellation, including all expenses incurred by UHL. 7. Unless otherwise specified in the proposal, UHL will not furnish any performance or material payment bond. 8. All repair labor is guaranteed for ninety days (except in the case of compressor replacements which carry a thirty day warranty), while materials and parts are warranted per manufacturer specifications. UHL MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED; AND ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEEDS THE FOREGOING IS HEREBY DISCLAIMED BY UHL AND EXCLUDED FROM ANY AGREEMENT MADE BY ACCEPTANCE OF AN ORDER PURSUANT TO THIS PROPOSAL. UNDER NO CIRCUMSTANCES SHALL UHL BE LIABLE FOR PROSPECTIVE OR SPECULATIVE PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Under no circumstances will UHL's liability exceed the dollar amount of this proposal. 9. All material and equipment furnished and installed by UHL will carry the manufacturer's standard warranty. In many cases, this warranty will include an allowance for the cost of labor and related costs such as crane rental, refrigerant, etc., for correcting defects in material and workmanship, for a period of ninety (90) days after installation. However, if the standard manufacturer's warranty does not provide for this additional coverage, the customer will be responsible for payment of these repairs. THIS WARRANTY SPECIFICALLY EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. UHL HAS MADE NO INSPECTION FOR and /or NOR REPRESENTATION REGARDING THE EXISTENCE OR NON- EXISTENCE OF MOLD ON THE CUSTOMER'S PREMISES. UHL HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED WILL ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS. 10. Customer agrees to pay a 30% material restock fee for cancellations after proposal acceptance for standard stock items. Non -stock items are subject to the return conditions of the manufacturer, distributor and /or others. These conditions may vary. Special order items are not returnable. Returns must occur within thirty (30) days of delivery and be in unused condition in original containers with all packaging, instructions, forms and manuals. 11. Everyone is concerned over the potential threat to our environment by the release of chlorofluorocarbon refrigerants (C.F.C.'s) into the atmosphere. UHL has for many years had a "no pollution, we care" policy with all contaminants including refrigerants and refrigerant oil. Our technicians are trained to reclaim, filter, and re -use these refrigerants or, if badly contaminated, recycle them for re -use. All used refrigerant oils are disposed of through a licensed disposal organization. Many contractors are talking about doing something about pollutants — UHL IS DOING IT. 12. Our pricing does not cover any cost that may be incurred due to hazardous material or its removal or disposal, unless specifically provided for in the attached proposal. 13. All estimated labor is to be performed during UHL's normal working hours unless specified elsewhere in this proposal. 14. For compressor replacements, UHL will perform an acid test after the drier change (testing for any unsafe acidic oil levels). If more drier and oil changes are needed, you will be informed, and the cost of these additional changes will be added to the above quotation. 15. This contract covers the complete understanding between the parties. No verbal representations are binding on either party. 16. These terms in some instances may conflict with some of the terms and conditions or other document issued by you. In such case, the Terms contained in this proposal shall govern and acceptance of this Proposal is conditioned upon your acceptance of the Terms herein. 17. UHL shall not be liable for any penalty or damage, delay or injury, or for failure to give notice of delay, or to perform, when such damage, delay, injury or failure is due to elements, acts of God, acts of the owner, act of civil or military authority, war, riots, terrorism, concerted labor action, strikes, shortages of materials, accidents or any cause beyond the reasonable control of UHL. The completion date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision. Page 2 01'2 L 'i water ` HP[A:!is 0f hSiNNEJ0'rl Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Tuesday, March 01, 2011 Re: SHPO FY 2010 CLG Grant Application and Approval for the HPC to conduct a study to consider the development of a local designation district. Message: Staff received comments back from the State Historic Preservation Office (SHPO) on Monday regarding the preapplication of the City's grant request to conduct a study to consider the development of a local designation district. SHPO staff has advised that the Legacy small grants have been recently exhausted for the year and will not be available to act as a match for the grant. To enable the project this year the City would need to come up with a cash match of $7,000, which the City simply does not have at this time. Since no funds are available in the budget to provide this match, City Staff is withdrawing the application at this time. 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 • iffiwatel ` •1 H B F E I A 0 i M N F: i ;7 i0 City Council DATE: February 25, 2011 REQUEST: SHPO FY 2010 CLG Grant Application and Approval for the HPC to conduct a study to consider the development of a local designation district. CC MEETING DATE: March 1, 2011 PREPARED BY: Michel Pogge, City Planner/441V BACKGROUND Since 1995 the City of Stillwater HPC has received grant funds from the National Park Service to conduct 10 neighborhood architectural studies that encompass approximately 1900 properties over 700 acres of land. These studies identified several areas within the City that contain concentrations of historically significant structures that appear to be potentially eligible for listing in the National Register of Historic Places and /or a warrant local designation. Up to this point the City of Stillwater has not established a local designation district outside of the Downtown Commercial District. This will be the City's first venture to consider a residential local designation district. Stillwater's recently completed 2030 Comprehensive Plan included a chapter on Historic Resources, which established a number of Goals, Objectives, Policies, and Programs to be completed over the next 10 years. Objective five of the plan sets out to "Determine which historic properties, identified by historic preservation surveys, are eligible for National Register of Historic Places designation or local designation ". Program three states that "The city shall locally designate those properties worthy of historic preservation ". This grant will be the City's first attempt to meet the objective and program. The HPC considered a number of factors when deciding on which area to establish a local designation district (See attached memo dated February 4, 2011 - Attachment "B "). Criteria the HPC used in selecting the area included a report by Don Empson dated July 2006 titled Designating Historic Homes and Historic District, areas that have a completed Neighborhood Architectural Survey, neighborhoods that have a high level of participation in the voluntary Heirloom Home or Landmark Sites program, and finally an area that is compact to help ensure success in the City's first venture in a residential local designation district. To that end, the HPC has selected the North Hill (Original Town) neighborhood to develop a local designation district in accordance with local designation district rules set out in the Stillwater City Code Section 22 -7. In addition to the grant application the HPC is officially requesting that the City Council authorize them to proceed with a study on the creation of the local designation district for the North Hill. City Code Section 22 -7 provides for a process to develop a local designation district within FY 2011 MNHS CLG Grant Application Page 2 the City of Stillwater. The process involves the development of a study that identifies the area and characteristics important to that area. Upon completion of the study a number of public information sessions and public hearings are required to be held by the City Council, Planning Commission, and Heritage Preservation Commission prior to the establishment of any local designation district. Prior to even beginning a study on a potential local designation district City Code Section 22 -7 requires that the Heritage Preservation Commission seek approval by the City Council. On February 7, 2011 the Heritage Preservation Commission discussed and voted to seek the approval of the City Council to begin a study. It is important to note that approval of the study by the City Council does not obligate the City Council to later approve the local designation district. Why Create a Local Designation District? There are a number of reasons communities in Minnesota and throughout the County have created Local Designation Districts. First, owners can be assured that renovations to adjacent properties will be done in a way that fits in with their property as well as the rest of the neighborhood. A number of studies have shown that over the long term, this can drive property values higher, since historic neighborhoods are finite resources that are highly desirable to an increasing number of people. Additionally, many of the zoning variances that are required under the current system could be streamlined under a historic district. In some cases these could be approved administratively, depending on how the district is ultimately set up, which could in fact streamline the process many property owners face when they plan changes /additions to the structures. Many of these details will be decided upon through the study. Grant Budget The project is budgeted to cost $29,009. The CLG Grant request is for a $13,000 grant from the Minnesota Historical Society. Staff will also be submitting for a Legacy Grant in the amount of $7,000 to cover the required match for the CLG grant. Since the Legacy Grant is state dollars, it can be used to match the CLG Grant which is federal NPS dollars. If the grant is received, the City will provide $8,406 of in -kind City Staff time to support the project and $600 of donated time of HPC members and cost of printing and postage. A detailed budget is included in the grant request. HPC ACTION On February 7, 2011, the HPC requested approval from the City Council to being study on the North Hill to create a local designation district. The HPC will be reviewing and taking action on the grant application at their March 7, 2011 meeting. RECOMMENDATION 1. Review and consider approving the City's FY 2011 CLG Grant Application to the Minnesota Historical Society. 2. Approve the HPC's request to begin a study on the creation of a local designation district for the North Hill. attachment: FY 2011 CLG Grant Application AUTHORIZING THE CERTIFIED LOCAL GOVERNMENT GRANT APPLICATION THROUGH THE MINNESOTA HISTORICAL SOCIETY BE IT RESOLVED, by the City Council of Stillwater, Minnesota authorizes the FY 2011 Certified Local Government grant application through the Minnesota Historical Society with a grant request of $13,000.00 and a match of $16,006 ($7,000.00 cash from a Legacy Grant, $8,406 In -kind; and $600.00 donated). Adopted by the City Council this 1 day of March, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk • AUTHORIZING THE STILLWATER HERITAGE PRESERVATION COMMISSION TO CONDUCT A STUDY THAT CONSIDERS THE DEVELOPMENT OF A LOCAL DESIGNATION DISTRICT WHEREAS, City Code Section 22 -7 provides for a process to develop a local designation district within the City of Stillwater; and WHEREAS, the process involves the development of a study that identifies the area and characteristics important to that area being considered for a local designation district; and WHEREAS, upon completion of the study a number of public information sessions and public hearings are required to be held by the City Council, Planning Commission, and Heritage Preservation Commission prior to the establishment of any local designation district; and WHEREAS, the City Code Section 22 -7 requires that the Heritage Preservation Commission seek approval by the City Council prior to the start of any study to consider the development of a local designation district; and WHEREAS, on February 7, 2011 the Heritage Preservation Commission discussed and voted to seek the approval of the City Council to begin a study; and WHEREAS, approval by the City Council for the HPC to conduct a study to consider the development of a local designation district does not obligate the City Council to later approve the ultimate creation of a local designation district. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Heritage Preservation Commission's request begin a study to consider the development of a local designation district. Adopted by the City Council this 1st day of March, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MINNESOTA HISTORICAL SOCIETY Date Received CERTIFIED LOCAL GOVERNMENT MHS Number: GRANT APPLICATION APPLICANT 1. Applicant: Name of City City of Stillwater Mailing Address 216 Fourth St N City /State /Zip Stillwater Federal Employer Identification # 41- 6005566 CONTACT INFORMATION 2. Authorized Official: 3. Fiscal Officer: Larry Hansen Signature Name Ken Harycki, Mayor 216 Fourth St N Print Name and Title Street Address 651 -430 -8822 Stillwater, MN 55082 Telephone Number City /State /Zip 4. Project Director: 5. Heritage Preservation Commission Chair: Michel Pogge Howard Lieberman Name Name 216 Fourth St N 216 Fourth St N Street Address treet Address Stillwater. MN 55082 Stillwater, MN 55082 City/State /Zip City /State /Zip 651 -430 -8822 651 -430 -8822 Telephone Number Telephone Number PROJECT INFORMATION 1 6. Brief Project Description: 7. Budget Summary Designate a local historic district in the North Hill $13,000 Grant Funds neighborhood. $16,006 Applicant Match $29,006 Total Project Budget 7/1/2010 - 7/31/201 1 8. Project Duration I PROJECT AREA J 9. Project Area (please check) 0 A. Comprehensive Planning El B. Survey LI C. Evaluation 0 D. Local Desgination Forms E. National Register Nomination Forms F. Public Education (please specify): 10. DETAILED PROJECT DESCRIPTION Applications must include ALL INFORMATION REQUESTED for the project area checked above as outlined in Part III —pages 2 -5 of the Certified Local Government Grants Manual. Include a discussion of how this project reflects the goals and strategies outlined in the 2005 -2010 statewide preservation plan. See attachment "A" 11 PROJECT PRODUCTS Provide a concise description of the products that will result from the project. The end product will consist of a delineated historic district boundary, complete designation form, background district report, and website about the neighborhood. 12. COMMUNITY SUPPORT Provide a concise statement summarizing demonstrated community support for this project. Cash match is one measure of community support. The City Council, through its formation of the HPC and adoption of the Stillwater Heritage preservation Ordinance has shown its support for past heritage preservation efforts in the Community. Past support has included the development of the Stillwater Historic Context study in 1993. ten neighborhood studies since 1995. and the Heirloom and Landmark Sites project. Each month an average of 78 people download copies context study or neighborhood studies off the City's website. The biggest draw is Stillwater's Heirloom and Landmark Sites website which is visited an average of 359 times a month with over 2,476 pages viewed each month. Each month an average of 163 visits come from within the state of Minnesota with 47 from the City of Stillwater itself. Since its launch in 2008 the site has been viewed by all 50 states. Clearly the Heirloom and Landmark Sites project has served as a great outreach and education tool for both the Community of Stillwater and to the larger community. After completing the above preservation studies and surveys the Stillwater HPC strongly supports the development of its first designation district which is supported by the Stillwater City Council in application. 13'. PROJECT IMPACT Provide a concise statement describing the expected effect of the project on the community's awareness and under- standing of local government in addressing local preservation issues. Describe any plans for promoting the project. On a local level, the HPC sees the designation as a way not only to preserve the historic and architectural elements of this first neighbourhood, but also serve as an excellent neighborhood revitalization tool and reaffirm the sense of community present in the neighborhood. Following a successful local designation, property owners will be subject to review of all exterior building alterations to preserve and /or enhance the historic and architectural elements in the neighborhood. 14. PROJECT PERSONNEL List principal project personnel and their qualifications. The City of Stillwater will retain the services of a qualified consultant to assist with the research, evaluation. and report writing. This consultant will meet the Secretary of the Interior's Professional Qualification Standards (as published in the Federal Register of February 29. 1983) as stipulated in the project description. To assist the consultant, the Heritage Preservation Commission and Stillwater Planning staff NN iII solicit the participation of local historians and the Washington Historical Society to help gather information and photos on these sites. The City Planning Department will be responsible for the management of the grant and selves as staff to the Heritage Preservation Commission. "The City has budgeted 200 hours to the management of the grant and the project. 15. DETAILED PROJECT BUDGET Applicant Match Budget Item Grant Cash In -Kind Donated Total Consulting Services - Flat fee $13,000 $7,000 $20,000 Project Director @30.75 -200 hours $6,150 $6,150 Planning Director @45.06 -50 hours $2.256 $2,256 HPC Members @$10.00 -45 hours $450 $450 Office supplies and postage $150 $150 $0 $0 $0 $0 $0 A. B. C. D. E. TOTAL $13,000 $7,000 $8,406 $600 $29,006 Note the new 25:75 (match:grant) ratio for projects in the Comprehensive Planning, Survey, and Evaluation categories. See Grants Manual for details. Attachment "A" Since 1995 the City of Stillwater has received grant funds from the National Park Service to conduct 10 neighborhood architectural studies that encompass approximately 1900 properties over 700 acres of land. These studies identified several areas within the City that contain concentrations of historically significant structures that appear to be potentially eligible for listing in the National Register of Historic Places and /or warrant local designation. Up to this point the City of Stillwater has not established a local designation district outside of the Downtown Commercial District. This would be the City's first residential local designation district. Stillwater's recently completed 2030 Comprehensive Plan included a chapter on Historic Resources, which established a number of Goals, Objectives, Policies, and Programs to be completed over the next 10 years. Objective five is to "Determine which historic properties, identified by historic preservation surveys, are eligible for National Register of Historic Places designation or local designation ". Program three states that "The city shall locally designate those properties worthy of historic preservation ". This move will allow the HPC to make informed decisions about which properties or types of properties are unique or significant, which constitute the basic fabric of the City's building stock, which may be endangered, and which may merit further attention on the part of the HPC. The HPC considered a number of factors when deciding on which area to establish a local designation district. (See attached memo dated February 4, 2011 — Attachment "B ") Criteria the HPC used in selecting the area included a report by Don Empson date July 2006 titled Designating Historic Homes and Historic District, areas that have a completed Neighborhood Architectural Survey, neighborhoods that have a high level of participation in the voluntary Heirloom Home or Landmark Sites program, and finally an area that is compact to help ensure success in the City's first venture in a residential local designation district. To that end, the HPC has selected the North Hill (Original Town) neighborhood to develop a local designation district in accordance with local designation district rules set out in the Stillwater City Code Section 22 -7. The final district boundary has not yet been determined and it could expand or shrink from the area proposed; however, the area under consideration is generally described as starting at a point at the intersection of N. Fifth Street and W. Mulberry Street; northwest on N. Fifth Street to W. Maple Street; northeast on W. Maple Street to N. Fourth Street; southeast on N. Fourth Street to School Street; Northwest on School Street extended to N. Second Street; southeast on N. Second Street to E. Mulberry Street; southwest on Mulberry Street half way to to N. Third Street; southeast approximately 325 feet on a line perpendicular with North Third Street; Southwest on a line perpendicular with Mulberry Street to N Second Street; northwest on N. Second Street to W. Mulberry Street; Southwest on W. Mulberry Street to N Fourth Street. (See Map 1) Map 1. South Hill District A . `, , ,j � F � .. / E .Yµ4 F � � 5 � ��/` //, 1 '� / / / Fit' ,+ � i / / �; 44 , s� ..: z , 1�r >; as v The area under consideration contains approximately 129 parcels and covers 43 acres. The North Hill neighborhood is historically significant in the City of Stillwater for its ties to Stillwaters lumber industry. Although there are no industries or commercial enterprises directly associated with the production of lumber in the North Hill, it is none the less important to the historical development of Stillwater. The North Hill neighborhood is residential the exception of the Aurora Staples Inn bed and breakfast, the primarily Stillwater Public Library, Episcopal Chuwn the ein, the Stillwater Water Board located along the southern edge of the district Asc . Norene Roberts, Ph.D, suggested in her North Hill (Ori To) Stillwater rch of Residential o Area architectural survey that a non contiguous style district be considered by the Stillwater nstectural HPC for some of the early houses in the area. It would be ginal a discontinuous archi district representing outstanding local examples of early architectural styles. Houses in such a district must have outstanding historical architectural integrity, not be in poor repair, and reflect the pre- 1880 Earl development of Stillwater as a river town. Although the ff r houses in the statewide context of "y Agurier Settlement" is 1870 o , the patterns ric of ltu Stillwater e and River character of the area and development suggests extending this to 1880. The City of Stillwater intends to distribute a Request for Proposal in order Secretary to enter a contractual agreements with a qualified contractor meeting the of 's Standards. While completing the designation form and background report, the consultant will be required to follow guidelines from the Secretary of the Interior's Standards for Evaluation (pages 44723 to 44726) in the Federal Register of 9- 29 -83, in SHPO Manual for Archaeological Projects in Minnesota of July 2005, and in MN SHPO's Guidelines for Architecture /History Projects of October 2010. Project Timeline Task • City Advertise Request for Proposals July 2011 • City Select consultant August 2011 • Consultant contracted August 2011 • Consultant initial meeting with HPC September 5, 2011 • Consultant meeting with SHPO, if needed October 2011 • Consultant update meeting with HPC, if needed November 7, 2011 February 6, 2012 • Consultant submit draft registration forms, DVD, April 15, 2012 District website, and recommendation to SHPO and HPC • Consultant submit final registration forms, DVD, June 1, 2012 District website, and recommendation to SHPO and HPC • Submission of final documents to SHPO July 2012 • Project Close -Out August 2012 The process to complete the local designation process is anticipated to be completed shortly after completion of the final work product in July of 2012. The project meets goal number five of the statewide preservation plan, which is to "expand and enhance efforts to identify, evaluate and designate historic and archaeological resources" and goal number six to "Encourage appropriate management and treatment of historic resources ". Cash Match The City plans to make application for a Minnesota Historical and Cultural Grants small grant in the amount of $7,000 to cover the applicant match listed in the grant budget. Memo Community Development Department To: Heritage Preservation Commission From: Michel Pogge, City Planneal Date: Friday, February 04, 2011 Re: 2011 -2012 CLG Grant to create a local designation district Message: As I have discussed with the Commission, it is my intent to apply for a CLG Grant this year to create the City's first local designation district. I have spent some time discussing this year's application with Mike Koop from the SHPO office. I originally was hoping to indentify three possible areas in the grant application then as part of the work with the consultant to select one of the three areas to create a local district. Mike expressed some concern with this method and recommended that the HPC select just one district for the grant application. To that end, enclosed is an excerpt from Don Empson's July 2006 report Designating Historic Homes and Historic District. In it he recommended three areas for the City to consider making local designation districts. (See Map A). Properties on Heirloom Home or Landmark Sites Program The City is now in the third year of its Heirloom Home and Landmark sites program. Throughout the City, there are currently 137 property owners who have voluntarily agreed to be part of the program. As we wrap up the year it is likely the number will go up to around 150 to 160 properties in total. Map B shows which properties have already signed up for the program. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4+h Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us The following table shows the total number of properties in each potential local designation district, the number of properties in the heirloom home or landmark sites program, and a ratio of the total number of properties in the area to the number of properties in the heirloom home or landmark sites program. Map B: Overview of properties on Heirloom Home or Landmark Sites Program Area Total number of Properties Number of Properties in the Heirloom Home or Landmark Sites Program Percentage of total to number on Heirloom Home or Landmark Sites Program 1 213 22 10.3% 2 316 31 9.8% 3 126 19 15.1% Potential district 1 and 2 each have roughly the same participation rate around 10% while district 3 have a slightly higher rate of 15.1 %. Neighborhood Architectural Survey Areas Over the years, the Commission has completed 10 Neighborhood Architectural Surveys. As we move to create a local designation district these surveys will be an important resource for any consultant completing the work. The northern half of potential district #1 was surveyed as part of the East Half of the Churchill, Nelson, Slaughter Addition survey while the southern half remain unsurveyed. Potential district #2 is divided between two surveys, Greeley Addition and South Hill. Finally, potential district #3 was surveyed as part of the North Hill survey. Potential Heirloom Home or Landmark Sites As part of Don Empson's Designating Historic Homes and Historic District he identified potential heirloom home and landmark sites for the entire eastern portion of the City. The following table shows the total number of properties in each potential local designation districts, the number of potential heirloom home or landmark sites in each district, and a ratio of the total number of properties to the number of properties in the heirloom home or landmark sites program. Map D: Overview of potential Heirloom Home or Landmark Sites Area Total number of Properties Number of potential Heirloom Home or Landmark Sites Percentage of total to number of potential Heirloom Home or Landmark Sites 1 213 114 53.5% 2 316 155 49.1% 3 126 41 32.5% 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 Recommendation Staff recommends that the HPC pursue developing a local designation district for the North Hill for the following reasons: 1. It is the smallest area and since this is the first designation district for the City it will allow us to work with a smaller group of property owners as we develop the district. 2. It has a slightly higher percentage of property owners that have elected to voluntarily participate in the heirloom home or landmark sites program which may show they have some level of support for historic preservation. 3. The entire area has been previously surveyed. Action Discuss and direct staff on which potential district to pursues a CLG Grant in order to establish it as a local designation district. From the desk of... Michel Pogge, AICP - City Planner • City of Stillwater • 216 N. 4 Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us EXCERPT FROM: Designating Historic Homes and Historic Districts. Report to the Stillwater Heritage Preservation Commission by Donald Empson, Consultant July 2006 Historic Districts With a view to determining the potential historic districts in Stillwater, I viewed every house in the old part of Stillwater (Conservation District) and indicated whether it was 1.) a house built since 1920; 2.) a pre - 1920 house that no longer had a significant portion of its original integrity; 3.) a pre -1920 house that did have a significant portion of its original integrity; 4.) potentially a Landmark House. The accompanying map shows the results. With this map, the members of the H.P.C. have pretty much the same basis I do in determining an Historic District, so my recommendations are pretty much just my opinion. Besides the concentration of houses shown in my map, there are other administrative and political considerations that the H.P.C. and city staff must reckon as well. Based on the accompanying map, and my knowledge, I would recommend establishing the following three historic districts. 1.) Beginning at S. Fourth Street and W. Willard Street; south along S. Fourth Street to W. Orleans Street; east on Orleans Street to S. First Street; north along S. First Street to E. Willard Street; west on Willard Street to S. Fourth Street. 2.) Beginning at S. Broadway and E. Willard Street; northwest on Willard Street to E. Pine Street; southwest on Pine Street to S. Third Street; northwest on S. Third Street to E. Mulberry Street; west on Mulberry Street to N. Everett Street; south on N. Everett Street to W. Myrtle Street; east on Myrtle Street to N. Harriet Street; south on a line with N. Harriet Street to W. Oak Street; east on W. Oak Street to S. Holcombe Street; south on S. Holcombe Street to W. Willard Street; east on Willard Street to S. Broadway. I 3.) Beginning at N. Fifth Street and W. Mulberry Street; northwest on N. Fifth Street to W. Laurel Street; northeast on W. Laurel Street to N. Second Street; southeast on N. Second Street to E. Mulberry Street; southwest on a line with Mulberry Street to N. Fifth Street. 4.) In 1881, the Stillwater City Council voted to give the Seymour Sabin & Co. Company $100,000 to be financed by city bonds. In return, the company agreed to build 100 houses within the city. A series of these houses, ranging in value between $400 and $650 were built in Block 2 of Sabin's Addition, on Lots 1 -7, and Lots 12 -22. Today these houses have the addresses 501 to 717 on the south side of West Maple Street. Within three years, most of the homes had been sold to private owners, but it is conceivable that these two blocks of nearly identical houses could be considered as a "mill workers historic district." There are serious issues of integrity, and the fact most of the houses remain fairly small bodes badly for their continued integrity. More research should be done, and the home owners contacted to see what their sentiment might be. In order to implement these historic districts it will be necessary, I believe, to spend a good deal of time in the neighborhoods talking to people, being available to answer questions, having neighborhood meetings. A brochure or pamphlet could be created to distribute within the limits of the potential district. I ,� • .E&� i� 1� -�Vm k. :. 10, ! m s ■ 111111% 111!■ "� 111 :■■ !111111. �I�1 II m o" v A, Iii ...� �e i /� ii � mp adipp WE O WN i IRA ffil x. .. ,r..� i /��♦♦ i ��� W ` 1 , — .... .. ► ►r • � � „ \�� ; ����� ol •• we. SA ,. WIN IIIII��1 ■1 X11111 � �� _ `�� °. VIE IN Wi I P - � • � 1111111■ =�I� � �� ��� � ..•� , � �,�♦ • !, Now W iii ■� ._■ ■� \���:���. vv`_' ;_. ►:�:��!�� MW . �iA \���� \�� ■ �������� \ \V� A\ \ \� .�. '.A \�� \ \` \�� ��� AV`�� `��V \ \� All NOW MEMO W `` \\ \ ►\ ���� mawl .�.` .�.` � IS I All wil NO �. EN O , ff , " 10 �I' %1 Wilm im, \ \`�' ► `� ► off,` „► � \m NOR ■■ �■ ■■ MINE; M 0100 M ■ .l ! �� n ■� ■E ■m nom 1111 :� ■' �■ ■■ ■ M �■ —E J WE M� E■ 11 11 '\ �_� �■ �� �� III■ �� '\ WN, low' ■■ ■■ all ■m r Map D: Potential Historic Districts showing Designated Histric Homes Inventory by Don Empson 200 0 P200 400 Feet Cm 2030 City Limit Right -of -Way Open Water Don's Historic Districts Id 1 Designated Histric Homes by Empson - Newer Home, built after 1920 - Potential Herloom Home - Potential Landmark Home - Commercial Building Pre -1920 home drastically altered. Feb 4, 2011 Stillwater Police Department Memorandum Date: February 3, 2011 To: Mayor and City Council Members Cc: City Administrator Larry Hansen From: Chief John Gannaway Subject: Approval to Re -hire Part -Time Police Officer Position (Jeremy Buberl) When Doug Buberl retired in November of 2009, we did not fill his position. Doug's job status was as a Part -time Police Officer. He had a MN POST (Peace Officers Standards and Training, the governing body of Law Enforcement Officers licensing) part -time license. Doug's primary duty was to coordinate and run the Reserve Officer Program. Doug also did several other duties such as participate in community events, run the mobile command post during Lumberjack Days and other events, We did not ask for authorization to re -hire the position simply because we did not have any personnel available to fit the position. We are now asking to re -hire this position as we now have a person that fits those requirements, ironically, Doug's son, Jeremy. Jeremy worked as a seasonal Community Service Officer this past summer season and did an excellent job. Since then, he has completed all of the education, skills programming, and testing needed to become eligible to licensed as a Law Enforcement Officer in the State of MN. During our recent hiring process for Police Officer (full- time), Jeremy finished second in process. With our budget trimmed as it has been in the past three years, we see filling this position as a cost savings exercise that could fill several holes that have been missing in our department. First of all, his position has been budgeted for. We also see an expansion of duties from this position, from conducting CSO related duties, to coordinating the Reserve Program, to assisting Investigations, to periodically assisting patrol officers in their duties. We also view the position as an expanded on- the -job training program. Should we have a police officer vacancy that needs to be filled, we potentially have a candidate in waiting that we could promote immediately, saving the Department significant expense in going through a hiring and training process. By the same token, if the person in the position is not ably performing the duties required, they can be terminated without the same issues and lengthy process afforded to a full -time police officer who has union protection. The position would be basically a part -time 'jack -of -all- trades', a position that could fill many roles, yet is extremely cost effective ($16 per hour, no benefits). RESOLUTION DECLARING A STATE OF EMERGENCY WHEREAS a major flood event is predicted to impact the population of the City of Stillwater; and WHEREAS the 2011 flood event can cause a significant amount of damage to both public and private property damage; and WHEREAS the Mayor of Stillwater requests the Stillwater City Council to declare the City of Stillwater in a State of Emergency for the flood event of 2011; NOW, THEREFORE, BE IT RESOLVED, that the Stillwater City Council declares the Cityof Stillwater in a State of Emergency for conditions resulting from the major flood event of 2011. Adopted by the City of Stillwater City Council this 1 st day of March, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ATTEST: I, Diane F. Ward, City Clerk, hereby attest that the foregoing resolution was duly adopted by the Stillwater City Council on this 1 st day of March, 2011. Diane F. Ward, City Clerk March 1, 2011 City Council Members, The Parking Commission currently has 2 open positions to fill. We recently received an application from Mr. Gerald Helmberger. I and Council Representative Doug Menikheim met with Mr. Helmberger to discuss the position and feel he would be a good fit for the Commission. Mr. Helmberger is currently on the board of the CVB and he brings with him much knowledge of the lodging community. The Commission recommends that his application be approved and that he begin serving his term at the next Parking Commission meeting on March 24 My best, Aimee Pelletier, Chair Stillwater Parking Commission c/o Darn Knit Anyway 423 South Main Street Stillwater, MN 55082 651- 342 -1386 APPROVING THE APPOINTMENT OF GERALD HELMBERGER TO THE DOWNTOWN PARKING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appoints Gerald Helmberger to the Downtown Parking Commission to fill the unexpired term of Curt Newcomb which ends May 1, 2012. Adopted by Council this 1 st day of March, 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk y - STILLWATER TOWN BOARD MEETING February 10, 2011 Town Hall 7:00 P.M. PRESENT: Chairperson Matt Beane, Supervisors Jim Hiniker, Linda Countryman, David Johnson and Sheila -Marie Untiedt, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Treasurer Marsha Olson and Chief of Police Steve Nelson. Public Hearing - Fee Schedule A public hearing was held to consider the proposed Fee Schedule for 2011. Chairperson Matt Beane reviewed the proposed changes per TKDA's memorandum dated February 3, 2011. There were no comments or questions. The public hearing was closed at 7:05 p.m. Regular Meeting - 7:05 p.m. 1. AGENDA - M /S /P Hiniker /Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Untiedt /Hiniker moved to approve the 1/13/11 Stillwater Town Board Meeting minutes as written. (4 ayes) M /S /P Untiedt /Hiniker moved to approve the 1/20/11 Stillwater Town Board Budget Meeting as written. (4 ayes) (Linda Countryman arrived.) 3. TREASURER - a) Report given. b) Levy - Treasurer Marsha Olson will give the levy numbers to Bev Petrie for the newsletter. c) Checks and claims - The following checks and claims were approved for payment. Claim # Vendor Amount 4438 On Site Sanitation $ 48.09 4432 Ikon Office Solutions 447.97 4433 Tower Asphalt Inc. 1,007.15 4434 MJ Raleigh Trucking Inc. 39,174.58 4439 QWEST 101.25 4440 Barbara Riehle 114.90 4441 Stillwater Gazette 31.60 4442 Kathryn Schmoeckel 60.40 4443 Washington Co Taxation Division 702.54 ia Stillwater Town Board Mtg. — 2/10/11 Page 2 4444 Washington County 4,422.87 4445 Xcel Energy 194.53 4446 Internal Energy Service 600.12 4447 Minnesota Dept of Revenue 22.80 4448 PERA 285.48 4435 Kathleen Nelson 85.39 4436 Stephen Nelson 785.00 4437 Marsha Olson 42.58 Countryman, Linda P 303.79 Nelson, Kathleen M 325.62 Nelson, Stephen W 1,113.33 Olson, Marsha Ann 692.96 Ranalla, Sr. Robert P 480.41 Riehle, Barbara 509.49 Schmoeckel, Kathryn G 589.76 4. ATTORNEY - a) Bruette - An agreement should be ready to sign at the next meeting. b) Axdahl Subdivision - Approvals have been made but it has not been recorded until financial arrangements are in place. There was discussion about our responsibility to plow the roads. Attorney Soren Mattick advised that once a building permit has been given for construction and we have platted the subdivision, we have an obligation to plow. In this case, there are no Tots sold or being built on. c) Crosswinds Community Church - There was discussion of their timeline. Soren Mattick will check on the status. With the new interpretation of variances, they may have an issue if they need to renew their CUP. 5. PLANNER - a) Fee Schedule - M /S /P Untiedt /Johnson moved to approve the Fee Schedule for 2011 as proposed. (5 ayes) 6. CLERK - a) 4H Funding - 4H has sent a letter requesting a grant. The Clerk will write to them that this does not fit our definition of what we are allowed to do. 7. PARK COMMITTEE - a) Easter Egg Hunt - M /S /P Hiniker /Countryman moved approval of up to $500 for the Easter Egg Hunt. (5 ayes) Promotion will be banners and it will also be on the website. b) SHIP Grant - There will be an informational meeting with the neighbors on February 24 There will be a brochure and a DVD shown. The grant contract will be reviewed after the discussion with the neighbors. 8. LAKE ELMO DETACHMENT - David Johnson gave an update. They have met three times, two of which the applicant attended. The Township's position is neutral, Lake Elmo is opposed. David Johnson gave a history of the property. Lake Elmo is hoping to have one more meeting, but the applicant is not interested. -- 1 Stillwater Town Board Mtg. — 2/10/11 Page 3 9. PROJECTION SYSTEM - Matt Beane had obtained two estimates from Johnny's W. There was discussion of whether wireless from the computer to the TV would work. M /S /P Hiniker /Countryman moved authorization not to exceed $2,212.11 for the 55 inch television to be installed before our next meeting, unless Johnny's TV says it is too large, and then we will get the 46 inch W. (5 ayes) 10. ORGANIZATIONAL ISSUES ANNUAL CHAIR - There was discussion of the advantages and disadvantages of having a chair serve for a year. The consensus was to leave it on a two month rotational basis for now, but discuss it again next year. 11. CHIEF OF POLICE - a) Report given. One dog was impounded, which was claimed and the fee paid. There were 6 burning permits, none for buckthorn. b) Steve Nelson is starting with CUP compliance checks. He will report when they are completed. c) DNR is doing background checks on fire wardens. d) People can go to mncriminals.com to see level 3 sex offenders. Steve Nelson is not aware of any in Stillwater Township. A bill is now being considered to add level 2 offenders to the list. e) Sheila -Marie Untiedt reported on a strong smell of natural gas at Otchipwe and 107 Street. Xcel will check into it. f) Steve Nelson will check on the status of the speed study that was done on Highway 96. 12. XCEL ENERGY CONCERNS - David Laird, representing the St. Croix Chateau Association, was present, along with other neighbors. They are seeking visibility and support to put pressure on Xcel to meet its commitment. They have had several outages in their neighborhood. Their main line is 35 years old. They are also concerned that this may be a pattern that will be repeated throughout the Township as other neighborhoods also age. What is Xcel's plans and are they living up to their advertised standards? Peter Stalin, another neighbor and attorney, said that he would like the Township to issue a resolution in support of these neighbors. He gave the Board a copy of a letter that the neighbors had sent to Xcel. Collette Jurek, Xcel Energy, was present along with engineer Deb Fedor. She had the outage history for the neighborhood. She said that if someone has health issues, Xcel should be made aware of that and they can code it appropriately. She reviewed the causes for the outages in the neighborhood. She offered to have a neighborhood meeting with them to discuss any additional outages that may not be in the record. The Clerk will check with Xcel for information on their long term plans for the Township. The consensus of the Board was to table a resolution until after the neighborhood meeting has taken place where issues may be resolved. j - Stillwater Town Board Mtg. - 2/10/11 Page 4 13. ANNUAL MEETING - The agenda for the March 8, 2011 Annual Meeting was discussed. Rick Jacobson will be asked to put up the banners to advertise the meeting 14. MARCH 10 TOWN BOARD MEETING - A quorum will not be present and the meeting will be cancelled. 15. STREET SIGNS - Sheila -Marie Untiedt had a newspaper article about there being a market for old street signs. We should keep this in mind when we replace our street signs. 16. CARNELIAN- MARINE WATERSHED MEETING - Building Inspector Jack Kramer will be asked to review the rules and if he feels it would be appropriate to attend the meeting, he should do so. 17. ADJOURNMENT - The meeting was adjourned at 9:30 p.m. Clerk Chairperson Approved \Vashington Board of Commissioners C OUn�Y Den C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA MARCH 1, 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 redundan4 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 — Wayne Sandberg, Deputy Director A. - Jurisdictional Transfer Agreement with the City of Forest Lake - Resolution — Revoke County State Aid Highway (CSAH) Designation on CSAH 34 and a Portion of CSAH 2 in the City of Forest Lake - Resolution — Establish CSAH Designation on a Portion of 11 Avenue SW /220 Street North and a Portion of Everton Avenue North in City of Forest Lake B. Resolution — Supporting the Construction of the St. Croix River Crossing Bridge 5. 9:30 Sheriff's Office — Sheriff Bill Hutton Contract with Tiburon, Inc. for a New Public Safety Computer System 6. 9:40 Community Services, Veterans Service Office — Robby Robinson, Veterans Services Officer Resolution — Receipt of $5,000 in Grant Funding from the MN Department of Veterans Affairs 7. 9:45 General Administration — Jim Schug, County Administrator Legislative Update 8. 9:55 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:15 Adjourn ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REMINDER: NO BOARD MEETING ON MARCH 29 — 5 TUESDAY 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 28 Minnesota Extension Advisory Committee 5:00 p.m. Washington County Government Center February 28 Library Board 6:00 p.m. 8595 Central Park Place - Woodbury March 1 Interview Applicant for Board of Adjustment 8:30 a.m. Washington County Government Center & Appeals Vacancy March 1 Finance Committee Meeting 10:30 a.m. Washington County Government Center March 3 Minnesota High Speed Rail 10:00 a.m. 454 West 5 Street — Red Wing March 3 Metropolitan Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLCBR WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MARCH 1, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the February 15, 2011 Board Meeting minutes. B. Approval to appoint Craig Leiser, Grant, to the Groundwater Advisory Committee as a citizen member, to a first term expiring December 31, 2012. C. Approval of resolution accepting 2010 donations and gifts from public and private sources. Community Services D. Approval to amend the Guardianship Fees set out in the Administration Policy #1032 Attachment A — Community Services Fee Schedule. Human Resources E. Approval to revise Washington County Personnel Rules and Regulations Section 8 — Probation and Regular Status. Property Records and F. Approval to renew On Sale and Sunday Liquor Licenses for Stoneridge Golf Club for Taxpayer Services the period of April 1, 2011 through March 31, 2012. G. Approval to renew On Sale Liquor and Sunday Liquor License for Withrow Ballroom Catering Services LLC dba Bergmann Withrow Ballroom & Event Center for the period of April 1, 2011 through March 31, 2012. H. Approval to renew Off Sale Liquor License for SSG Corporation, Holiday for the period of April 1, 2011 through March 31, 2012. I. Approval to renew On Sale Liquor and Sunday Liquor License for Point, Inc. for the period of April 1, 2011 through March 31, 2012. J. Approval to renew On Sale Liquor and Sunday Liquor License, for Afton Alps, Inc. for the period of April 1, 2011 through March 31, 2012. K. Approval to renew On Sale 3.2 Malt Liquor and Sunday Liquor License and Consumption and Display Permit for Disabled Veteran's Rest Camp for the period of April 1, 2011 through March 31, 2012. Public Works L. Approval of resolution to enter into Metropolitan Council Grant Agreement SG- 2010 -103 for the St. Croix Bluffs Regional Park Shower Building and Campground Improvements Project and Metropolitan Council Grant Agreement SG- 2010 -104 for the Lake Elmo Park Reserve Winter Recreation Area Project and to file a declaration with the Washington County Recorder's Office as part of the deed to the properties. M. Approval of resolution approving the controlled burn of the county -owned house located at 16150 May Avenue North, Marine on St. Croix, by the Scandia Fire Department. N. Approval of resolution for final payment to Appollo Systems, Inc. in the amount of $27,090.11 for the 2025 Government Center Campus Improvements project courtroom audio /visual installation contract. O. Approval of Work Orders #7, #9, #15-28, Change Order #6 and Backsheet #1 to the County Road 83 Bridge construction project with Robert R. Schroeder Construction, Inc. P. Approval of contract amendment #2 with Braun Intertec Corporation in the amount of $9,877.25 for additional geotechnical services on the County Road 83 Bridge Overpass of Interstate 35 construction project in Forest Lake. Q. Approval of Change Order #7 to contract with Parsons Electric, LLC in the amount of $21,240.22, as part of the 2025 Government Center Campus Improvements project. R. Approval of Change Order #6 to contract with Klamm Mechanical Contractors, Inc. in the amount of $32,781.57, as part of the 2025 Government Center Campus Improvements project. S. Approval of Change Order #7 to contract with Wasche Commercial Finishes, Inc. in the amount of $1 3,757, as part of the 2025 Government Center Campus Improvements project. T. Approval of Change Order #5 to contract with Target Commercial Interiors in the amount of $13,311.25, as part of the 2025 Government Center Campus Improvements project. U. Approval of Change Order #6 to contract with Zintl, Inc. in the amount of $24, 824, as part of the 2025 Government Center Campus Improvements project. V. Approval of Change Order #7 to contract with United Glass, Inc. in the amount of $40,900, as part of the 2025 Government Center Campus Improvements project. W. Approval of Change Order #3 to contract with Paul's Architectural Woodcraft Company in the amount of $2,240, as part of the 2025 Government Center Campus Improvements project. X. Approval of Change Order #5 to contract with Northern Lights Steel Fabrication, Inc. in the amount of $2,716, as part of the 2025 Government Center Campus Improvements project. Y. Approval of Amendment No. 2 to contract with Lockridge Grindal Nauen, P.L.L. (LGN) for federal relations services. Sheriff's Office Z. Approval of resolution approving a Joint Powers Agreement with the City of Cottage Grove for the purposes of storage and use of an airboat and trailer owned by the Washington County Sheriff's Office. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Summary of Proceedings Washington County Board of Commissioners February 15, 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. Accounting and Finance - Approval to modify current Finance and Budget Policy #2506 for Petty Cash and approval to adjust records to reflect actual balance confirmed at the end of 2010. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported on the Minnesota Counties Intergovernmental Trust meeting; a White Bear Lake Water study meeting to discuss the low water level of the lake; a City of Forest Lake meeting where they agreed to take over County Road 2 and County Road 34, but they had concerns about the cost of the turn back and maintenance; he attended the Minnesota Association of Governments Investing for Counties which discussed Federal regulations and their affects on counties; and he attended a corrections meeting with the Juvenile Corrections in Lino Lakes; - Commissioner Pulkrabek — commented on two newspaper articles he read: 1) the Supreme Court and how they have tracked how many questions the Supreme Court Justices ask during cases and that Justice Clarence Thomas has not asked a question in five years where the average number of questions that other Justices have asked is about 17 per case; and 2) that the Scott County Attorney and Sheriff are suing Scott County and the County Board because the Board froze their salaries; - Commissioner Lehrke — reported on a video conference on aging population of baby boomers; she toured the 3M plant in Cottage Grove and Housing and Redevelopment Authority property; and she attended the Grey Cloud Island Township Board meeting; - Commissioner Weik — announced, per Washington county Policy #6009, that she will attend an out of state conference in Washington D.C. for the National Association of Counties, leaving on March 5 and returning on March 9; she addressed the second annual Woodbury Citizen's Academy; she attended the Minnesota Inter- County Association meeting which discussed various legislative items; the Transportation Alliance Day at the Capitol event will he held on February 17 from 9:00 to noon; she attended the Gateway Corridor Commission meeting; she will meet with Representative Kathy Lohmer to discuss the Gateway Corridor; and she received an award from the Veterans of Foreign Affairs, VFW Post 9024 for her part in the Yellow Ribbon activities in the City of Woodbury; - Commissioner Kriesel — will attend Judge Albertson's funeral this afternoon; he will also meet with Representative Kathy Lohmer on Friday to discuss the Gateway Corridor Commission; and he will be attending the Stillwater Bridge Coalition meeting this week. Community Corrections Approval to appoint David Lutchen, Cottage Grove, to the Community Corrections Advisory Board to a first term expiring December 31, 2012. Community Services Approval of the following actions: - Modification to the Andersen Windows 2009 dislocated worker project with the Minnesota Department of Employment and Economic Development; - 2010 Child Protection Citizen Review Panel Annual Report. General Administration Approval of the following actions: - February 1, 2011 County Board meeting minutes; - Legislative update on legislature's budget reduction bill being vetoed by Governor; Governor's proposed budget; and the Green Acres proposal being discussed at legislature; - Board correspondence was received and placed on file. Library Approval of continuing maintenance support costs for the EnvisonWare book return sorter equipment used at Hardwood Creek Library. Property Records and Taxpayer Services Approval of the following actions: - Ratification of a software maintenance agreement for property tax administration between Manatron and Minnesota Counties Computer Cooperative for the period 2011 -2015; - Assessment Year 2010 Payable 2011 Assessment Classification and Valuation Change List; - Workshop held to discuss an aerial photography and funding proposal. Public Health and Environment Approval of the following actions: - Renew the Volunteer Management Services Agreement with Community Thread; - Renew two -year agreements with the cities of Afton, Cottage Grove, and Newport to provide Subsurface Sewage Treatment System Inspection Services; - The Emergency Services Manager reported that flooding this spring may be a historic event; county staff will hold a meeting on February 17 to discuss the flooding; there will be a meeting with cities to discuss flooding on February 22; and the Governor will hold a meeting on February 23. Public Works Approval of the following actions: - Appoint David Erickson, Newport, to the Historic Courthouse Advisory Council to a first term expiring December 31, 2012; - Resolution No. 2011 -012, agency agreement for Federal participation in the reconstruction of County State Aid Highway 2 (Broadway Avenue) in the City of Forest Lake; - Amendment #1 to the Bonestroo, Inc. contract for additional services needed for all development of bridge alternatives and construction plans for the Hardwood Creek Trail Pedestrian Bridge over County State Aid Highway 2 in Forest Lake; - Resolution No. 2011 -013, Salem Lutheran Church overflow parking lease amendment; - Supplemental Agreement No. 1 to County State Aid Highway 13 (Radio Drive) overlay project with Hardrives, Inc.; - Resolution No. 2011 -014, support for addition of 13 acre property to the statutory boundary of William O'Brien State Park; - Workshop held to hear a presentation by the Minnesota Office of the Legislative Auditor on the Transit Governance in the Twin Cities Report. Sheriff's Office Approval to enter into an agreement with the Somerset Telephone Company to lease antenna space on the Somerset Radio Tower, purchased by Washington County in January 2008. 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. W ashington Board of Commissioners C ounty Den C. ul, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA FEBRUARY 22 - 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 General Administration — Jim Schug County Administrator A. Establish Reserves and Designations of Fund Balance - Molly O'Rourke, Deputy Administrator B. Resolution to Set a Public Hearing, Sale of General Obligation Bonds C. Legislative Update 5. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 10:00 Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location February 22 Legislative Committee 10:15 a.m. Washington County Government Center February 23 Metro Mosquito Control Commission 9:00 a.m. 2099 University Avenue West — St. Paul February 23 Solid Waste Management Coord. Board 10:30 a.m. 2099 University Avenue West — St. Paul February 23 Flood Discussion with Cities & Minnesota Governor Mark Dayton 1:00 p.m. Washington County Government Center Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 22, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the February 8, 2011 Board Meeting minutes. B. Approval to amend the January 25, 2011 Board meeting minutes by removing the name of Megan Rooney from the attendance on Page 23 and from the Board workshop with Public Health on Page 33. C. Approval to appoint Colleen F. Millard, Cottage Grove, to the Minnesota Extension Advisory committee to a first term expiring December 31, 2013. D. Approval to appoint James Honsvall, Stillwater, to the Audit Advisory Committee to a first term expiring December 31, 2013. E. Approval to appoint Dan Dolan, Woodbury, to the Minnesota Extension Advisory Committee to fill an unexpired term to December 31, 2011. Accounting & Finance F. Approval of contract for financial advisor services with Springsted Incorporated. Services will include the 2011 bond sale, arbitrage determinations, and continuing disclosure services. Community Services G. Approval of the 2011 Cooperative Agreement with Community Services, the Sheriff, and the County Attorney to administer the Child Support Enforcement Program. County Attorney H. Approval of contract for bond counsel services with Kennedy & Graven, Chartered for 2011. Public Works I. Approval of resolution to extend the lease agreement with Michael and Courtney Bengston to February 28, 2012 for the rental of the county - owned house located at 9941 Stillwater Boulevard in Lake Elmo. J. Approval to extend the term of contract #4644 with the Brickman Group for landscape maintenance services to December 31, 2011. K. Approval of Work Orders #3 and #4 to County State Aid Highway (CSAH) 13 (Radio Drive) turn lane construction project with Hardrives, Inc. in the amounts of $325.00 and $14,493.75 respectively; and approval of resolution for final payment to Hardrives, Inc. in the amount of $11,513.91. *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. Plymouth Avenue Bridge closes as a safety precaution City of Minneapolis News & Events Home Plymouth Avenue Bridge closes as a safety precaution Share Page 1 of 1 � The City of Minneapolis has closed the Plymouth Avenue Bridge over the Mississippi River to all traffic as of Friday, Oct. 22. The bridge was closed as a precautionary measure following an inspection that revealed corroded cables within the internal bridge structure. The bridge will remain closed as a safety precaution until further investigation can be completed and repairs can be made. The Plymouth Avenue Bridge is a post- tensioned box girder bridge, a type of bridge design that includes multiple redundancies in the structure, and which is not a fracture- critical design. The City of Minneapolis inspects all of its bridges annually. During routine maintenance and repair work completed, workers found signs of corrosion in the bridge tendons, which are tensioned cables running through the concrete structure of the bridge. These cables are not visible from the exterior of the bridge. Additional investigation led engineers to conduct an examination of the interior of the bridge structure to determine the extent of the corrosion. That examination was done this morning, and due to the level of corrosion, Public Works officials decided that as a safety measure, the bridge should be closed while further evaluation is being done. The Plymouth Avenue Bridge connects north and northeast Minneapolis, and is located six blocks south of the Broadway Avenue Bridge, which may be the best detour for many people. There are also a number of other river crossings in the area. Transportation officials do not believe the closure will significantly slow traffic because the detour route is relatively short. Oct. 22, 2010 © 1997 -2011 Official Web Site of the City of Minneapolis, Minnesota Disclaimers and Notices I Privacy Statement httn: / /www.ci.minneanolis.mn.us /news /20101022P1vmouthBridae.aSD 3/l/2011 Summary of Proceedings Washington County Board of Commissioners FYI February 22, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Commissioner Pulkrabek, District 2 absent. Board Chair Kriesel presided. Accounting and Finance Approval to contract for financial advisor services with Springsted Incorporated. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik —will attend Metro Mosquito Control Commission and Solid Waste Management Coordinating Board tomorrow; and will attend the I -94 /Woodbury public open house on Thursday, February 24 at the Woodbury City Hall; last week she attended Counties Transit Improvement Board; Transportation Alliance Day at the Capitol event; Woodbury City Council workshop on Phase 2 development and overview of the Gateway Corridor; she met with Representative Kathy Lohmer and Representative Mike Beard, State House Transportation Chair to discuss the Gateway Corridor; and she attended the Association of Minnesota Counties Board of Directors meeting where Second Harvest Heartland presented their redesign ideas to the counties; - Commissioner Lehrke — attended the Housing and Redevelopment Authority Committee meeting; Counties Transit Improvement Board and Metropolitan Area Agency on Aging Board meetings last week; she reported at a recent Cottage Grove City Council meeting there was opposition to the current city hall project; last Thursday she attended the Newport City Council meeting; this week she will attend meetings on the Land and Water Legacy Program and solid waste management; and announced, per Washington county Policy #6009, that she will attend an out of state conference in Washington D.C. for the National Association of Counties, the week of March 7th; - Commissioner Hegberg — attended the Association of Minnesota Counties Board of Directors meeting last week; reported at the Community Action Program meeting a concern for increased energy assistance demands and potential decrease in funding; attended the Housing and Redevelopment Authority Committee meeting where discussion was on future demands for affordable senior housing not being met in the county; attended the Counties Transit Improvement Board and the Metropolitan Transportation Advisory board meetings last week; and announced, per Washington County Policy #6009, he will attend the Counties Transit Improvement Board Fly -in held in Washington D.C. on March 30 and 31 St ; - Commissioner Kriesel — met with Representative Kathy Lohmer and Representative Mike Beard, State House Transportation Chair to discuss the Gateway Corridor; he attended the Stillwater Bridge Coalition meeting and reported on the latest events taking place over the Stillwater River bridge; he plans to attend the Complete Streets Committee meeting next week; will attend a Stillwater Bridge Coalition meeting this Friday; and will attend a Legislative Committee meeting following the board meeting. Community Services Approval of 2011 cooperative agreement with Community Services, Sheriff and County Attorney to administer the Child Support Enforcement Program. County Attorney Approval of contract for bond counsel services with Kennedy & Graven, Chartered for 2011. General Administration Approval of the following actions: - February 8, 2011 County Board meeting minutes; - Amend January 25, 2011 Board meeting minutes; - Appoint James Honsvall, Stillwater, to the Audit Advisory Committee to a first term expiring December 31, 2013; - Establish reserves and designations of fund balance for the fiscal year ended December 31, 2010; - Resolution No. 2011 -017, set a public hearing for sale of general obligation bonds; - Legislative update on Governor's proposed budget with significant reduction in aid to local government; cutbacks primarily in the area of human services; and a draft bill to allow the county to sell certain tax forfeited lands that border on water; - Governor Dayton and Kris Eide, Director of Minnesota Homeland Security and Emergency Management to provide an update on the state's preparedness for flood events expected this spring at the Washington County Government Center on Wednesday, February 23 from 1:00 p.m. -2:30 p.m.; - Board correspondence was received and placed on file. Public Health and Environment Approval of the following actions: - Appoint Colleen Millard, Cottage Grove, to the Minnesota Extension Advisory Committee to a first term expiring December 31, 2013; - Appoint Dan Dolan, Woodbury, to the Minnesota Extension Advisory Committee to fill an unexpired term to December 31, 2011. Public Works Approval of the following actions: - Resolution No. 2011 -015, Amendment No. 3 to lease agreement for 9941 Stillwater Blvd. House Lease; - Extend term of contract with Brickman Group for landscape maintenance services to December 31, 2011; - Resolution No. 2011 -016, Work Orders #3 and #4 to County State Aid Highway 13 turn lane construction project with Hardrives, Inc. in the amounts of $325.00 and $14,493.75 respectively. 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.