Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2011-04-05 CC Packet
ate THE EIRTRELRCE Of ■IRRERRIR REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street REGULAR MEETING April 5, 2011 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Workshop with Browns Creek Watershed District CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA APPROVAL OF MINUTES 2. Possible approval of March 15, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Possible approval of Special Event — Gopher to Badger Race — Mark Bongers 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 STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir /City Engr. 10. Finance 11. City 12. City Administrator Dir. Attorney CONSENT AGENDA (ROLL CALL) 13. Resolution 2011 -48, directing payment of bills 14. Resolution 2011 -49, approval of police officer declaration of Jeromy Buberl for PERA 15. Possible approval of temporary liquor license for Church of St. Michael 16. Resolution 2011 -50, approval of Comcast Business Services for the parking ramp PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 17. This is the date and time for a public hearing to consider the transfer of an Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors, 1920 Market Drive, Stillwater, MN, Chad Wichmann, applicant. Notice was published in the Stillwater Gazette on March 24, 2011. (Resolution — Roll Call) 18. This is the date and time for a public hearing to consider the issuance of a Wine with Strong Beer Liquor License to Gartner Restaurant Holdings LLC, DBA: Mara Mi Cafe located at 201 Main Street South, Suite 100, Stillwater, MN, Greg Gartner, applicant. Notice was published in the Stillwater Gazette on March 25, 2011.(Resolution — Roll Call) 19. This is the date and time for a public hearing to consider the issuance of an Off -Sale liquor license to Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN, Greg Gartner, applicant. (Resolution — Roll Call) UNFINISHED BUSINESS 20. Request for reconsideration by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot (Resolution — Roll Call) NEW BUSINESS 21. Possible consideration of approval of a 2 hour parking zone in front of the businesses at Churchill and 4th Streets (Resolution -Roll Call) 22. Possible consideration of approval of an invoicing program for businesses that received parking variances downtown with the condition that they pay for monthly parking permits 23. Possible approval of the first reading of Ordinance 1028, an ordinance amending the Stillwater City Code by enacting social host regulations (Ordinance — 1S Reading — Roll call) 24. Possible appointments /reappointments to Downtown Parking, Human Rights, and Planning Commissions (Resolution — Roll Call) 25. Possible appFGVal Gf plans and speGifiGatiGRs and Gr-der-ing adveftesement fGr- bids foF the 2011 Street IMPFOvement Pr-GjeGt (Resolution Roll Call) 26. Possible approval of Brad Junker exemption from Resolution 2003 -98, Section 3.3. 27. Possible approval of hiring Public Works employee replacements 28. Possible approval of hiring seasonal Public Works employees 29. Possible approval of a resolution supporting the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad Line for the Browns Creek State Trail (Resolution — Roll Call) 30. Possible approval of Bond Resolution of Tax Increment Refunding Notes 2011, Territorial Springs, LLC Project Series 2003 and 2004 (Resolution — Roll Call) 31. Bridge discussion. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS 32. Open Book Meeting Announcement COUNCIL REQUEST ITEMS 33. Sunday liquor sales — Councilmember Roush 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. gg q 'fillwater III IIITNIl10E Of 0111 EIOII AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street REGULAR MEETING April 5, 2011 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Workshop with Browns Creek Watershed District CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 7:00 P.M. AGENDA APPROVAL OF MINUTES 2. Possible approval of March 15, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Possible approval of Special Event — Gopher to Badger Race — Mark Bongers 4. 2010 Annual Fire Department Report 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. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Dev. Director 5. Public Wks Dir /City Engr. 6. Finance 7. City 8. City Administrator Dir. Attorney CONSENT AGENDA (ROLL CALL) 9. Resolution 2011 -48, directing payment of bills 10. Resolution 2011 -49, approval of police officer declaration of Jeromy Buberl for PERA 11. Possible approval of temporary liquor license for Church of St. Michael PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 12. This is the date and time for a public hearing to consider the transfer of an Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors, 1920 Market Drive, Stillwater, MN, Chad Wichmann, applicant. Notice was published in the Stillwater Gazette on March 24, 2011. (Resolution — Roll Call) 13. This is the date and time for a public hearing to consider the issuance of a Wine with Strong Beer Liquor License to Gartner Restaurant Holdings LLC, DBA: Mara Mi Cafe located at 201 Main Street South, Suite 100, Stillwater, MN, Greg Gartner, applicant. Notice was published in the Stillwater Gazette on March 25, 2011.(Resolution — Roll Call) 14. This is the date and time for a public hearing to consider the issuance of an Off -Sale liquor license to Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN, Greg Gartner, applicant. (Resolution — Roll Call) UNFINISHED BUSINESS 15. Request for reconsideration by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot (Resolution — Roll Call) NEW BUSINESS 16. Possible consideration of approval of a 2 hour parking zone in front of the businesses at Churchill and 4 th Streets (Resolution -Roll Call) 17. Possible consideration of approval of an invoicing program for businesses that received parking variances downtown with the condition that they pay for monthly parking permits 18. Possible approval of the first reading of Ordinance 1028, an ordinance amending the Stillwater City Code by enacting social host regulations (Ordinance — 1S Reading — Roll call) 19. Possible appointments /reappointments to Downtown Parking, Human Rights, and Planning Commissions (Resolution — Roll Call) 20. Possible approval of plans and specifications and ordering advertisement for bids for the 2011 Street Improvement Project (Resolution — Roll Call) 21. Possible approval of Brad Junker exemption from Resolution 2003 -98, Section 3.3. 22. Possible approval of hiring Public Works employee replacements 23. Possible approval of hiring seasonal Public Works employees 24. Possible approval of a resolution supporting the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad Line for the Browns Creek State Trail (Resolution — Roll Call) 25. Possible approval of Bond Resolution of Tax Increment Refunding Notes 2011, Territorial Springs, LLC Project Series 2003 and 2004 (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS 26. Open Book Meeting Announcement 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. y o � 1 BROWN S H I G I-I WAY 3 6 et ®: 5 5 • 'WATER-SHED 6.51.27.5.1136 X26 tPHONIE] 652.275.1254 1 FAX I DISTIUCT - - 1 WWW B CW D . AGENDA SPECIAL MEETING OF THE BOARD OF MANAGERS Tuesday, April 5, 2011 4:30 -6 :00 PM Joint Board Workshop with Stillwater City Council & Middle St. Croix WMO Stillwater City Hall 216 N 4th Street. Stillwater MN 1. Call to order @ 4:30 P.M. 2. Approve Agenda 3. McKusiek/Lily/Long TMDL — Chris Klucas, MPCA Update & Recommendation 4. 2010/2011 Water Quality Improvement Projects a.) Middle St. Croix WMO • Lily Lake Subwatershed Assessment Implementation Grant • McKusick Lake Subwatershed Assessment • Stillwater Street Reconstruction Grant b.) Brown's Creek Watershed District • Brown's Creek Thermal Reduction Grant at Oak Glen • Long Lake - North Marketplace Subwatershed Assessment • Diversion Drainage — Settler's 5' Addition Iron Enhanced Sand Filter c.) City of Stillwater 3. Other Opportunities for Collaboration a.) Standardized Rules for Water Quality Requirements in Stillwater — Stillwater b.) Armory Update — Stillwater c.) Long Lake East Shoreline Park/Nah al Area • Native Prairies • Shoreline Restoration Update d.) Brown's Creek Biota TMDL Implementation Plan 6. Adjourn 6 :00 PM MANAGERS: CRAIG LEISER, PRESIDENT • RICKVANZWOL, VICE- PRESIDENT • GAIL PUNDSACK, VICE - PRESIDENT • CONNIE TAILLON, TREASURER " GERALD JOHNSON, SECRETARY MEMORANDUM TO: BCWD Board, MSCWMO Board, and Stillwater City Council FROM: Karen Kill, Amy Carolan and Shawn Sanders RE: Lily, Long and McKusick Lakes TMDL DATE: April 1, 2011 Background Lily, Long and McKusick Lakes have been listed by the Minnesota Pollution Control Agency (MPCA) as impaired due to excess nutrients. A Total Maximum Daily Load (TMDL) study was planned to be completed simultaneously for all three Stillwater lakes through funding from the MPCA. MPCA funding has now become available for the completion of a TMDL study. While discussing a possible workplan, staff have also discussed the limited benefits to completing a TMDL. The goal of a TMDL is to determine the loading capacity to the lakes. A separate implementation plan would follow prior to actual implementation. MPCA staff have recommended not moving forward with the TMDL because recent planning efforts have matched or exceeded the benefits of a TMDL. Existing lake management plans have identified the nutrient loading to these lakes. Lake management plans have been further refined to determine specific implementation strategies in recent subwatershed assessments for Lily Lake, McKusick and the north marketplace in the Long Lake subwatershed. Further work is planned for reducing the loading from the diversion structure drainage area. These extensive planning and implementation efforts have been done in full cooperation of all the partners. When the TMDL was first discussed three years ago, the state's grant funding policy placed a priority on projects that were within an approved TMDL. This policy has since changed. In fact, MSCWMO was successful in obtaining a grant for implementing the Lily Lake subwatershed assessment in 2011. Karen Kill (BCWD), Amy Carolan ( MSCWMO), Shawn Sanders (Stillwater) and Chris Klucas (MPCA) met on both November 29, 2010 and March 14, 2011. Staff agreed that, given the significant implementation activity for further water quality improvements for the lakes and improving water quality trends (see attached draft lake water quality information), they also recommend saving the public expenditure of completing a TMDL in lieu of continuing implementation activities. Recommended Action Staff from BCWD, MSCWMO, Stillwater and MPCA recommend not moving forward with a TMDL for Long, Lily or McKusick Lakes at this time; rather, they recommend to continue to implement existing plans for Long, Lily and McKusick Lakes. McKusick Lake 2010 Lake Grade: B+ • DNR ID #: 820020 • Municipality: City of Stillwater • Location: NE V4 Section 29, T30N -R20W • Lake Size: 46 Acres • Maximum Depth (2010): 16 ft • Ordinary High Water Mark: 853 ft • 100 %Littoral Note: Littoral area is the portion of the lake <15 ft and dominated by aquatic vegetation. Summary Points • McKusick Lake was considered mesotrophic in 2010, based on the Carlson Trophic State Index. • There is a statistically significant improving trend for average Secchi transparency and a statistically significant improving trend for average total phosphorus. • The major land use is urban /residential. • The lake did stratify in 2010 with the thermocline varying between 2 to 6 meters. • McKusick Lake is listed as impaired for nutrients on the Minnesota Pollution Control Agency's Impaired Waters List. For Karen — DRAFT LAKE SHEETS McKusick Lake Elevations 855.5 855 854.5 854 J N C 853.5 'w N W 853 852.5 852 851.5 4/1/2010 51212010 7/10/2010 8129'2010 10/182010 Lake Water Quality Summary Surface Dissolved Surface Trophic Status Total Phosphorus Chlorophylls Total Kjeldahl Secchi Disk Oxygen Levels Temperature Date (mg /1) (ug/I) Nitrogen (mg /L) Depths (m) (mg /1) Levels (Celsius) 4/1312010 0.033 7.2 0.61 2.59 11.99 14.0 42712010 0.031 4.2 0.72 2.74 9.57 16.9 5/12/2010 0.027 4.9 0.5 3.51 10.45 11.7 527/2010 0.034 4.1 0.64 3.20 8.64 21.7 6/92010 0.026 3.9 0.71 2.13 5.73 20.6 622/2010 0.026 4.9 0.69 3.05 11.16 24.8 7/82010 0.026 5.6 0.5 2.29 9.11 26.2 7/19/2010 0.033 5.8 0.86 2.13 7.12 26.5 8/22010 0.03 6.1 1.1 2.29 8.86 28.1 8/16/2010 0.022 6.7 0.95 1.98 6.44 23.9 8/30/2010 0.024 2.9 0.92 2.59 10.19 26.9 9/13/2010 0.032 6.5 0.94 1.52 9.89 19.6 928/2010 0.048 7.7 1.7 1.98 9.78 15.4 10/122010 0.044 7 1 AMANEW 12.31 17.9 2010 Average 0.031 6 0.8 2.35 9.37 21.0 2010 Summer Average 0.030 5.4 0.9 2.32 8.69 23.37 High High Dam Low Low Date Average 2010 Elevation (ft) 1 855.03 6/27/2010 853.93 4/13/2010 854.41 'MPCA description of Impaired Lake's Listing criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) list due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP measurements collected from June through September over the most recent 10 -year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however i might also reflectfour monthly samples over the course of three years (a typical sampling regimen formany lake monitoring programs). In addition to exceeding the TP guideline thresholds, lakes to be considered for 303(d) listing should have at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data wit allow for at least one season (preferably more) of paired TP, chlorophylla, and Secchi disk data and McKusick Lake Elevations 855.5 855 854.5 854 J N C 853.5 'w N W 853 852.5 852 851.5 4/1/2010 51212010 7/10/2010 8129'2010 10/182010 -� Elevation _ OHW For Karen - DRAFT LAKE SHEETS Lake Water Quality Summary Trophic Status Summertime Lake Grades 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg /1) Mesotrophic B C C C D C C C C C Chlorophyll -a (ug /1) Mesotrophic A A B B B B A B C B Secchi depth (ft) Mesotrophic B B C C C C B C D B Overall I Mesotrophic B+ B C+ C+ C C+ B C+ C+ B- -� Elevation _ OHW For Karen - DRAFT LAKE SHEETS Lily Lake 2110 Lake grade: • DNR ID #: 820023 • Municipality: City of Stillwater • Location: NE 1 /4 Section 32, T30N -R20W • Lake Size: 35.90 Acres • Maximum Depth: 51 ft • Ordinary High Water Mark: 844.8 ft • 55 %Littoral Note: Littoral area is the portion of the lake <15 ft and dominated by aquatic vegetation. • Public access and public beach present Summary Points • Lily lake was considered nies >trophis: iri 2009, based on (fie Carlsor3 trophic `date index. • At this time no statistically significant trend can be determined for water quality. • The major land use is urban/residential. • The lake stratified in 2009 with the thermocline varying between 6 to 7 meters, but this is unknown for 2010, as only surface temperature was measured. • Lily Lake is listed as impaired for nutrients on the Minnesota Pollution Control Agency's Impaired Waters List. ror Karen — L)KA1 I LAKE 5HEh 1 S 0.027 1 29.3 { 0.87 1 1.9 1 N/A ' 27.4 High High Date Low Low Date Average !010 Elevation (ft) 845.14 10/28/2010 844.62 7/30/2010 844.94 IVIr VM YcDU IFJUVII VI 11 llpllcu LdneJ LIMIIIy Ullel b. hl a II U1Y1114111, a ueu OIV 11 ulal ayNCll lane W 011t/al�u tiOr" ll' �' �" J' TJ. 7�V) 'YroNUUZ ° "'iG'i:"XYR3SJi51`C"'"" mtrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP neasurements collected from June through September over the most recent 10•year period. Ideally this should represent 12 separate visits to the ake over the course of two summers; however it might also reflect four monthly samples over the course of three years (a typical sampling egimen for many lake monitoring programs). In addition to exceeding the TP guideline thresholds, lakes to be considered for 303(d) listing should lave at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably nore) of paired TP, chlorophyll -a, and Secchi disk data and provide a basis for evaluating their interrelationships and hence the trophic status of me lane. Lily Lake Elevation 845.2 - ---OHW Surface Trophic Status Total fi- Elevation 2010 Dissolved Surface 2005 Phosphorus Chlorophyll -a Total Kjeldahl Secchi Disk Oxygen Levels Temperature Date (mg/1) NO) Nitrogen (mg /L) Depths (m) (mg/1) Levels (Celsius 4/18/2010 0.024 2.6 0.59 2.5 N/A 16.2 5/912010 0.024 2 0.57 2.8 WA 15.8 5118/2010 0.029 1.4 0.63 3.4 WA 20.9 6/6/2010 0.017 4.8 0.35 3.6 N/A 22.4 7/14/2010 0.029 „ 1.00 2.0 N/A 27.6 8/5/2010 0.026 0.81 14 N/A 35.4 8/2712010 0.035 1.30 u N/A 24.0 9/2212010 0.030 a 0.92 v ,, 1.7 N/A 18.3 10/1812010 0.020 6.6 0.63 3.4 WA 14.1 0.027 1 29.3 { 0.87 1 1.9 1 N/A ' 27.4 High High Date Low Low Date Average !010 Elevation (ft) 845.14 10/28/2010 844.62 7/30/2010 844.94 IVIr VM YcDU IFJUVII VI 11 llpllcu LdneJ LIMIIIy Ullel b. hl a II U1Y1114111, a ueu OIV 11 ulal ayNCll lane W 011t/al�u tiOr" ll' �' �" J' TJ. 7�V) 'YroNUUZ ° "'iG'i:"XYR3SJi51`C"'"" mtrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP neasurements collected from June through September over the most recent 10•year period. Ideally this should represent 12 separate visits to the ake over the course of two summers; however it might also reflect four monthly samples over the course of three years (a typical sampling egimen for many lake monitoring programs). In addition to exceeding the TP guideline thresholds, lakes to be considered for 303(d) listing should lave at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably nore) of paired TP, chlorophyll -a, and Secchi disk data and provide a basis for evaluating their interrelationships and hence the trophic status of me lane. Lily Lake Elevation 845.2 - ---OHW Trophic Status Summertime fi- Elevation 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg /1) 845.1 B B C C D C C C C C Chlorophyll -a (ug /1) 845 A C C C J B B B A Secchi depth (ft) Mesotrophic C B C C D 844.9 C C C B Overall I B+ C C D+ c 0 C+ C+ C+ B > 844.8 m W 644.7 844.6 844.5 4/1/2010 5/21/2010 711012010 8/29/2010 1011812010 For Karen - DRAFT LAKE SHEETS Lake Water Quality Summary Trophic Status Summertime Lake Grades 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg /1) Mesotrophic B B C C D C C C C C Chlorophyll -a (ug /1) A C C C B B B B A Secchi depth (ft) Mesotrophic C B C C D C C C C B Overall I B+ C C D+ C+ C+ C+ C+ B For Karen - DRAFT LAKE SHEETS Long Lake 2010 Lake Grade: D 13 - • DNR ID #: 820021 • Municipality: City of Stillwater • Location: Section 30, T30N -R20W • Lake Size: 110 Acres • Maximum Basin Depth (2010):22 ft • Ordinary High Water Mark: 891.50 ft • 100 -Year High Water Level: 893.20 ft • 95% Littoral Note: Littoral area is the portion of the lake Summary Points • Long Lake was considered a eutrophic lake in 2010, based on the Carlson Trophic State Index. • There is a statistically significant improving trend for average Secchi transparency and a statistically significant improving trend for average total phosphorus. • The major land use is urban /residential. • The lake did stratify in 2010, with the thermocline varying between 2 to 4 meters. • Long Lake is listed as impaired for nutrients on the Minnesota Pollution Control Agency's Impaired Waters List. For Karen — DRAFT LAKE SHEETS Lo ng La ke El ev ati on 892.0- 891 ........ 011W --a- Elevation ............................................................. ................................ 8W.5 ......................................... ........... 0 8W .0 ............................................ ......... W 889 . ........... ..................................................... ...................................... 889 ..................................................................... ............................ 888.5 4/15110 515/10 5125/10 UUM0 7/41`10 7124/10 8113/10 9/2ji 0 9/22/10 10/12/10 Surface Dissolved Surface Trophic Status Total Total Kjeldahl Oxygen Temperature Phosphorus Chlorophyll" Nitrogen SecchiDisk Levels Levels Date (mg/L) (ug/L) (mg/L) Depths (m) (mg/L) (Celsius) 4/12/2010 OM7 - 0.77 2.13 10.37 13.6 4t2712010 0.037 4.8 0,65 2.90 9.03 1 6.2 5/12/2010 0.039 11 0.6 2.13 9.86 12.2 5r2712010 0.038 6.2 0.82 3.96 9.94 23.9 6/7/2010 0.038 7.3 0.93 3.51 10.26 23.0 U21/201 0 0.04 14 0.95 2.13 11.73 24.5 7/6/2010 0.044 1.1 1.98 8.81 26.9 7/1912010 0.05 11 1.1 2.29 5.42 25.7 8/2/2010 0.051 15 1.5 1.83 6.39 26.2 B/i 7/201 17 1.3 1.52 4.63 25.7 M0/201 0 1.2 1.98 6.87 25.6 911312010 11 0.86 2.74 7.73 19.7 9f2712010 10 1.6 1.68 5.77 16.1 IQMU2010 19 1 1.68 11.07 18.4 2010 Average 13.6 1.03 1 2.32 8,42 1 21.26 2010 Summer Average 14.2 1.14 2,36 7.76 23.73 r iiiilil,,iiiilll High High Date Low Low Date Average 2010 Elevation (ft) 1 890.17 8/17/2010 889.41 4/27/2010 889.79 *MPCA description of Imparied Lake's Usting criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) list due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP measurements collected from June through September over the most recent 10-year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however it might also reflect four monthly samples over the course of three years (atypical sampling regimen for many lake monitoring programs). In addition to exceeding the TP guideline threshoW takes to be least 12 Secchi and 12 chlorophyll-a measurements. This amount of data will considered for 303(d) listing should have at measurements allowfor at least one season (preferably more) for paired TP, chlorophyll--a, and Secchi disk data and provide a basis for evaluating their I Unterrelationships and hence the trophic statul of the lake." Lo ng La ke El ev ati on 892.0- 891 ........ 011W --a- Elevation ............................................................. ................................ 8W.5 ......................................... ........... 0 8W .0 ............................................ ......... W 889 . ........... ..................................................... ...................................... 889 ..................................................................... ............................ 888.5 4/15110 515/10 5125/10 UUM0 7/41`10 7124/10 8113/10 9/2ji 0 9/22/10 10/12/10 For Karen - DRAFT LAKE SHEETS Lake Water Quality Summary Trophic Status Summertime Lake Grades 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg/1) Eutrophic C C C C D D D D D D- Chlorophyll-a (ug/1) Eutrophic B B B C C D C D- F+ F Secchi disk (ft) Mesotrophic B C C D D F C- F F F Overal I Eutrophic 13- C+ C+ C- D+ D- C- D- F F For Karen - DRAFT LAKE SHEETS Long Lake — Middle Basin • DNR ID #: 820021 • Municipality: City of Stillwater • Location: Section 30, T30N -R20W • Lake Size: 110 Acres • Maximum Basin Depth (2010): 5 ft • Ordinary High Water Mark: 891.50 ft • 100 -Year High Water Level: 893.20 ft • 95% Littoral Note: Littoral area is the portion of the lake Summary Points • Long Lake — Middle Basin was considered a eutrophic lake in 2010, based on the Carlson Trophic State Index. • At this time there are not enough years of data to determine a statistically significant overall water quality trend. • The major land use is urban /residential. • Long Lake is listed as impaired for nutrients on the Minnesota Pollution Control Agency's Impaired Waters List. For Karen — DRAFT LAKE SHEETS High High Date Lo w Low Date Average 2010 Elevation (ft) 1 890.17 8/17/2010 889.41 4/27/2010 689.79 `MPCA description of Imparied Lake's Listing criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) Ist due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) Isting consist of 12 or more TP measurements collected from June through September over the most recent 10 -year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however it might also reflect four monthly samples over the course of three years (atypical sampling regimen for many lake monitoring programs). In addition to exceeding the TP guidellne thresholds, lakes to be considered for 303(d) listing should have at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably more) for paired TP, chlorophyll -a, and Secchi disk data and provide a basis for evaluating their interrelationships and hence the trophic status of the lake." Long Lake Elevation 892.0 891.6 --- OH W —m—Elevation 891.0 ............................................... ............................... J U) 890 ................................... I ....... ............................ r 0 :. j 860.0 .............. ............................... ...___........... ...... .........__._.... ..... .......... d W 889.5 ... .. 889.0.................. ............................. . ................................. 888.5 4/15/10 5/9/10 5/25/10 6/14/10 7/4/10 7/24/10 8113/10 9/2/10 9/12/10 10112/10 Lake Water Quality Summary Surface Trophic Status Dissolved Surface Total Total K)eldahl 2010 Oxygen Temperature 2008 Phosphorus Chlorophyll -a Nitrogen Secchi Disk Levels Levels Date (mg/L) (ugiL) (mg/L) Depths (m) (mg/L) (Celsius) 6/21/2010 r NA 10 1 1.68 10.7 24.3 7/19/2010 NA NA NA 1.3 1.22 3.62 25.4 8/1712010 Secchi disk (ft) ,y,' 1.3 1.22 5.46 26.1 9/13/2010 NA ' ` - 0.97 1.52 7.34 19.7 2010 Average 0.115 24 1.14 1.41 1 6.78 1 23.9 1 2010 Summer Average 0.115 24 1.14 1.41 6.78 23.9 High High Date Lo w Low Date Average 2010 Elevation (ft) 1 890.17 8/17/2010 889.41 4/27/2010 689.79 `MPCA description of Imparied Lake's Listing criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) Ist due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) Isting consist of 12 or more TP measurements collected from June through September over the most recent 10 -year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however it might also reflect four monthly samples over the course of three years (atypical sampling regimen for many lake monitoring programs). In addition to exceeding the TP guidellne thresholds, lakes to be considered for 303(d) listing should have at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably more) for paired TP, chlorophyll -a, and Secchi disk data and provide a basis for evaluating their interrelationships and hence the trophic status of the lake." Long Lake Elevation 892.0 891.6 --- OH W —m—Elevation 891.0 ............................................... ............................... J U) 890 ................................... I ....... ............................ r 0 :. j 860.0 .............. ............................... ...___........... ...... .........__._.... ..... .......... d W 889.5 ... .. 889.0.................. ............................. . ................................. 888.5 4/15/10 5/9/10 5/25/10 6/14/10 7/4/10 7/24/10 8113/10 9/2/10 9/12/10 10112/10 For Karen — DRAFT LAKE SHEETS Lake Water Quality Summary Trophic Status Summertime Lake Grades 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg /1) Hypereutrophic D C NA NA NA NA NA NA NA NA Chlorophyll -a (ug/1) Eutrophic C A NA NA NA NA NA NA NA NA Secchi disk (ft) Eutrophic C D NA NA NA NA NA NA NA NA Overall Eutrophic C- C NA NA NA NA NA NA NA NA For Karen — DRAFT LAKE SHEETS Long Lake — South Basin • DNR ID #: 820021 • Municipality: City of Stillwater • Location: Section 30, T30N -R20W • Lake Size: 110 Acres • Maximum Basin Depth (2010): 5 ft • Ordinary High Water Mark: 891.50 ft • 100 -Year High Water Level: 893.20 ft • 95% Littoral Note: Littoral area is the portion of the lake <15 ft and dominated by aquatic vegetation. Summary Points • Long Lake — South Basin was considered a eutrophic lake in 2010, based on the Carlson Trophic State Index. • At this time there are not enough years of data to determine a statistically significant overall water quality trend. • The major land use is urban /residential. • Long Lake is listed as impaired for nutrients on the Minnesota Pollution Control Agency's Impaired Waters List. Average Summer Surface Total Phosphorus 0.1 0.1 0.1 0 E 2 t 0.0 a N 0 I IL s 0.0 F 0.0 0.0. 2008 2009 2010 2011 Fnr Karen — r High High Date Low Low Date Average 2010 Elevation (ft) 890.17 8/17/2010 889.41 4/27/2010 889.79 'MPCA description of imparied Lake's Listing criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) list due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP measurements collected from June through September over the most recent 10 -year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however it might also reflect four monthly samples over the course of three years (a typical sampling regimen for many lake monitoring programs). In addition to exceeding the TP guideline thresholds, lakes to be considered for 303(d) listing should have at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably more) for paired TP, chlorophyll-a, and Secchi disk data and provide a basis for evaluating their . interrelationships and hence the tro hic status of the lake." Long Lake Elevation 892.0 891.5 ••... ... -OHW -�- Elevation 891 .0....... ................... ........ ....... ......... .......................... ..... J N ............................... 890.5 O �j 890.0 ........ ............................... ........... .... ............. ... ....... d W 889.5 . ................................. ............................... 889.0 ........... .......................................................... ............................... 888.5 4/15110 5/5/10 5/25/10 6114/10 714/10 7124/10 8113/10 9010 9122/10 10/12/10 Lake Water Quality Summary Surface Trophic Status Dissolved Surface Lake Grades Total Oxygen Temperature 2009 Phosphorus Chlorophyll -a Total Kjeldahl Secchi Disk Levels Levels Date (mg /L) (uglL) Nitrogen (mg/L) Depths (m) (mg /L) (Celsius) 6/21/2010 NA 6.9 0.82 1.07 6.54 23.7 7/19120105 B NA V! 0.9 1.07 1.75 9.33 24.1 26.0 8/17/2010 Secchi disk (ft) Eutrophic D 1.2 1.22 NA NA NA 9/13/2010 NA 16 0.96 1 .22 6.92 18.7 2010 Average 1 0.093 1 22.7 1 0.97 1 1.14 1 6.14 23.4 2010 Summer Average 0.093 22.7 0.97 1.14 6.14 23.4 High High Date Low Low Date Average 2010 Elevation (ft) 890.17 8/17/2010 889.41 4/27/2010 889.79 'MPCA description of imparied Lake's Listing criteria: "At a minimum, a decision that a given lake is impaired for the 303(d) list due to excessive nutrients will be supported by data for both causal and response factors. Data requirements for 303(d) listing consist of 12 or more TP measurements collected from June through September over the most recent 10 -year period. Ideally this should represent 12 separate visits to the lake over the course of two summers; however it might also reflect four monthly samples over the course of three years (a typical sampling regimen for many lake monitoring programs). In addition to exceeding the TP guideline thresholds, lakes to be considered for 303(d) listing should have at least 12 Secchi measurements and 12 chlorophyll -a measurements. This amount of data will allow for at least one season (preferably more) for paired TP, chlorophyll-a, and Secchi disk data and provide a basis for evaluating their . interrelationships and hence the tro hic status of the lake." Long Lake Elevation 892.0 891.5 ••... ... -OHW -�- Elevation 891 .0....... ................... ........ ....... ......... .......................... ..... J N ............................... 890.5 O �j 890.0 ........ ............................... ........... .... ............. ... ....... d W 889.5 . ................................. ............................... 889.0 ........... .......................................................... ............................... 888.5 4/15110 5/5/10 5/25/10 6114/10 714/10 7124/10 8113/10 9010 9122/10 10/12/10 For Karen - DRAFT LAKE SHEETS Lake Water Quality Summary Trophic Status Summertime Lake Grades 2010 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 Total Phosphorus (mg /1) Hypereutrophic D D NA NA NA NA NA NA NA NA Chlorophyll -a (ug/1) Eutrophic C B NA NA NA NA NA NA NA NA Secchi disk (ft) Eutrophic D D NA NA NA NA NA NA NA NA Overall Eutro hic I D+ C- NA NA NA NA NA NA NA NA For Karen - DRAFT LAKE SHEETS TABLE 6 .8 COMPARISON OF LOCAL AGENCY STANDARDS City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonest Page 36 �' '1' 'T taf ,v'.. t. �= 4 �,.nk ,fr a�",�. - � ,'�., o� +L,f � � ^X.' _ � '., ".R"�r. �.: 5 ?fi. ..� BCWD MSCWMO CMSCWD City of Stillwater Reference Document Rules Effective 5/1/07 2006 Watershed 2000 Overall Plan City Code Management Plan -77777777 4 '77 Review of Development / Watershed Permit Watershed Review Watershed Permit 31- 1 -27 -1 : Grading Redevelopment required for: required for: required for: Permit required for: 5,000 sf in groundwater earthwork moving > 50 Land Disturbance dependent nat resource > 10,000 sf Site grading > 1,000 sf cY area Residential subdivision 4 or more lots 4 or more lots all subdivisions all subdivisions Non - residential creating impery > 1 ac or development 5% of site 5 ac with final >_ 5 ac with final Redevelopment impervious > 1 ac or 5% impervious > 1 ac or 5% of site of site Additional impervious 5,000 sf or more Linear projects creating impery ? 1 ac grading within public wetland, shoreland or earthwork within wetland, Surface water impacts waters, wetlands or streambank modification floodplain or shoreland wetland buffers Bluffland grading within 40' of the clearing within 40' of bluff bluff line line All projects requiring a City All projects requiring a Standards apply to: Permitted projects grading permit, building Permitted projects City grading permit permit or code variance Applies to change in Qualifications runoff, does not apply to resurfacing of pavement Redev disturbing <_ Standards apply to new 50% impery impervious only Redev disturbing > Standards apply to all 50% impery impervious Linear projects Standards apply to new impervious only LGU's regulate and 31- 1- 31 -7 -o, 31-1-27-8 - Agency Coordination permit requires prelim incorporate WMO : plans consistent with plan approval from LGU standards 1WMO standards City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonest Page 36 TABLE 6.8 CONTINUED MW , BCWD MSCWMO CMSCWD City of Stillwater h 7 F77� 77,577M7.7- Preferred Methods of a) Better site design 1) prevent runoff from i) infiltration on -site Site Management practices occurring 2 feet above the 100 -year above the base flood flood elevation 2) retain runoff and flood elevation ii) flow attenuation in b) On -site infiltration infiltrate on -site open swales C) Off -site infiltration 3) hold runoff in detention iii) retention facilities 3 feet above the 100 -year to reduce nutrients 3 feet above the 100 -year d) NURP pond detention Avoid conversion of high landlocked flood elevation iv) detention facilities 1 foot above the overflow permeability soils e) other methods of landlocked basins 31- 1- 31 -7 -g -3 City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestroo Page 37 BCWD MSCWMO CMSCWD City of Stillwater h 7 F77� 77,577M7.7- 31- 1- 22 -8 -b -1 : 1 foot 2 feet above the 100 -year 2 feet above the 100 -year 2 feet above the 100 -year above the base flood flood elevation flood elevation flood elevation elevation 1 foot above an emergency overflow 3 feet above the 100 -year 3 feet above the 100 -year landlocked flood elevation landlocked flood elevation 1 foot above the overflow 2 feet above the overflow of landlocked basins of landlocked basins City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestroo Page 37 TABLE 6.8 CONTINUED City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestroo Page 38 BCWD MSCWMO CMSCWD City of Stillwater .a - �`: e. Y4,9 n? �;�s .:k' �. r .-+ �_M.:M< �.. � z ,_,3 , r T• .air .x,. i , c , _�: # i* - - Curve Number increase CN to next hydrologic soil group for specification disturbed pervious areas predevelopment cropland A soils pre - settlement = 30 = 56 predevelopment cropland B soils pre - settlement = 57 = 70 predevelopment cropland C soils pre- settlement = 70 = 79 predevelopment cropland D soils pre - settlement = 77 = 83 :5 pre - settlement for 2, 10 _< pre - development for 2, <_ pre - development for 2, Runoff Peak Limits and 100 -yr storms 10 and 100 -yr storms 10 and 100 -yr storms <_ downstream capacity 4 < pre - settlement for 2 -yr Runoff Volume Limits storm < pre - settlement for 5 -yr <_ pre- development for 10 Landlocked Basins storm yr storm In GDNR areas: 2 -year First 1/2" runoff from Infiltration runoff volume if feasible impervious areas First 1/4" runoff from compacted soils Design Infiltration Rates A soils 0.8 to 1.63 in /hr B soils 0.3 to 0.6 in /hr C soils 0.2 in /hr D soils < 0.2 in /hr City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestroo Page 38 TABLE 6.8 CONTINUED w V� f :"� k� $r .��` J} ✓ ..34'F hr d�i . &by'�w"$y.�.•y'y^�,.•. - .z. F, �..'s`p _ s �` BCWD MSCWMO CMSCWD City of Stillwater - Annual Phosphorous no increase from pre - 31- 1- 23 -7 -b -1 Loading development Class I - Protection 10% reduction from permit required within 40' Lakes existing conditions of bluff line Class II - Improvement prohibited within 20' of 25% reduction from Lakes bluffline existing conditions Class III - Maintenance 40' from bluffline < existing 40' from the bluff line Lakes 31-1-31-7-j: no land Infiltration pre- long -term removal of > construction prohibited on > disturbance on slopes _ treatment 50% sediment loads slopes of 12% or more 18 percent s 10, a.: 31-1-31-7-h: Provide Wet Pond Design pond per NURP Standards specification � � a�.��� � :;� 3' �'4s3 i",., L3- ar� -x5 .z. F, . ,.��..,... •.. z f? w .-a` BCWD MSCWMO CMSCWD City of Stillwater - Sluffiand / Shore land 31- 1- 23 -7 -b -1 Regulation permit required within 40' ve vegetative cutting g g of bluff line prohibited within 20' of land alteration bluffline structure setback 40' from bluffline 40' from the bluff line 31-1-31-7-j: no land Steep Slopes construction prohibited on > disturbance on slopes _ slopes of 12% or more 18 percent City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonest Page 39 TABLE 6.8 CONTINUED City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestmo Page 40 BCWD MSCWMO CMSCWD City of Stillwater 2007 Wetland Mgmt Plan City (LGU) applies State WCA Enforcement requirements exceed Statutes State Rules Fund payment required Restoration Fund for impacts to any wetland Stormwater water quality treatment water quality treatment 31-1-31-7-i: settling discharge to required prior to required prior to basin required prior to wetlands discharge discharge discharge r ,• Runoff Bounce in Preserve: <_ pre - Wetlands development Manage 1: <_ pre- Highly susceptible: 5 development + 0.5 feet existing Proposed 2 -yr and 10 -yr discharge rate and volume restricted to pre - Moderately susceptible: < Manage 2: <_ pre- existing plus 0.5 to 1.0 development development + 1.0 feet feet Manage 3: no limit Least susceptible: no limit 7 77777 Wetland Inundation Period for 2 -year Preserve: <_ existing match pre - development event Manage 1: <_ existing + 1 Highly Susceptible: avoid, day 5 existing Manage 2: <_ existing + 2 Moderately susceptible: <_ days existing + 1 to 2 days Manage 3: <_ existing + 7 Least susceptible: <_ days existing + 7 days Yt Wetland Inundation Period for 30 or 100- Preserve: <_ existing match pre - development year events Manage 1: <_ existing + 2 days Manage 2: <_ existing + 14 days Manage 3: <_ existing + 21 days City of Stillwater January 21, 2008 Local Surface Water Management Plan Bonestmo Page 40 TABLE 6.8 CONTINUED City of rStillwater BOnestmo January 21, 008 Local Surface Water Management Plan Page 41 BCWD 1 MSCWM0 CMSCWD City of Stillwater .A+.i - '`s. M"a 4.�K.`. ...i:.aj "J;! .-'t, - s'.±.. 1 ":: •-: .. .b. ".: A° :.. ... .... -b t :'S. -.i.YS ... Y .j: Wetland and Lake Category 1: 31- 1- 31- 7 -h -6, 31-1-33 - Buffers Preserve: 100 feet 100' avg, 100' min 11 -b: 25 feet minimum A Preserve: 60 feet + 20 Category 2: Manage 1: 75 feet feet building setback 75'avg, 50' min B Maintain: 30 feet + 20 Category 3: Manage 2: 50 feet feet building setback 50'avg, 25' min Category Manage 3: 25 feet C Manage: No buffer 30' avg, 25' min Natural environmental 75 feet 75 feet 75 feet lake Recreational 50 feet 50 feet 37.5 feet development lake Groundwater dependent 100 feet 50 feet resource Wetland or lake with mapped natural Extend buffer to include community Wetland or lake with Extend buffer to include steep slopes Wetland or Lake with Extend buffer to include 100 -year floodplain Stormwater Pond 10 feet 16.5 feet K . Stream Buffers Streamside Zone 0 to 25 feet 100 feet (GDNR areas: 0 to 50) 25 to 50 feet Middle Zone (GDNR areas: 50 to 100) Middle Zone to building Outer Zone setback per shoreland ordinance Stream with mapped Extend Middle Zone to natural community include Stream with steep Extend Middle Zone to slopes include Stream with 100 -year Extend Middle Zone to floodplain include Brown's Creek and 31- 1- 33 -11 -b: 100 feet tributaries City of rStillwater BOnestmo January 21, 008 Local Surface Water Management Plan Page 41 "illwater 101 4I1TO1lACE Of ■100218TA CITY COUNCIL MINUTES March 15, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, and Mayor Harycki Absent: Councilmember Roush Staff present: City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Assistant City Engineer Kraftson City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 PM Mayor Harycki noted that Councilmember Roush was absent due to the death of his young niece and extended condolences to the family on behalf of the City. Mayor Harycki led the Council and audience in the Pledge of Allegiance APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the revised March 1, 2011, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officer Daniel Young Chief Gannaway administered the oath of office to Daniel Young. Officer Young's mother pinned on his badge. OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser reported that he had attended the Governor's Annual Emergency Management Conference which provided updates on the flood situation throughout the state and also covered a number of other emergency management concepts. He also pointed out the department had responded to a garage fire the day of the Council meeting. He noted that Councilmember Roush had asked him to bring HF 650, Tyler's Law, to the Council and residents' attention; and that City Council Meeting March 15, 2011 the legislation would require that the new Minnesota driver's manual include information regarding vehicles and carbon monoxide poisoning. Police Chief Gannaway reported flood preparation efforts are proceeding well, with another community /downtown meeting scheduled for March 28th. Mayor Harycki commended the good organization of the volunteer efforts, and asked for anyone with information regarding the availability of pallets for storage of sandbags, should contact Public Works Director Sanders. Public Works Director Sanders reported about 20,000 sandbags had been filled in two days with the help of staff and volunteers. He indicated there is still a need for volunteers over the next two weeks, that the City has been coordinating volunteer organization with Community Thread; and information regarding registration for volunteers can be found on the City's website. CONSENT AGENDA 1. Resolution 2011 -42, directing payment of bills Councilmember Cook inquired about a bill for Gartner concessions at the Recreation Center. Finance Director Harrison responded that the bill is for the purchase of supplies from Gartner for the City- operated concessions. City Attorney Magnuson explained that the agreement with Gartner's provides for a steep discount over what the City used to pay the previous supplier. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the Consent Agenda. All in favor. PUBLIC HEARINGS This is the date and time for the public hearing to consider the transfer of the On Sale and Sunday Liquor License from Stillwater Kitchens LLC, DBA: Kitchen in Stillwater to Shanghai Stillwater, LLC, DBA: Shanghai Bistro located at 324 Main Street S., Applicant: David Tank and Henry Chan. Notice was published in the Stillwater Gazette on March 3, 2011 City Clerk Ward reported that approval of the license should be contingent upon approval of police, fire, finance, building inspections departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 43, approving transfer of ownership of the On -Sale and Sunday Liquor Licenses from Stillwater Kitchens, LLC; DBA Kitchen in Stillwater, to Shanghai Stillwater, LLC, DBA Shanghai Bistro. Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None This is the date and time for the public hearing on the 2011 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on February 25th and March 4th, 2011 Assistant City Engineer Kraftson reviewed the proposed 2011 street improvement project, including the streets proposed for reconstruction and those proposed for mill and overlay, utility work in conjunction with the project. He explained the proposal for a width reduction on Page 2 of 8 City Council Meeting March 15, 2011 Wilkins Street to assist with the reduction in runoff. He pointed out there had been a lot of discussion about the proposal regarding the street width and proposed parking restrictions at the neighborhood meetings. He also listed options regarding sidewalks /trails and the option selected by the Council at the feasibility presentation. He added that preliminary assessment rolls are available, and he reported on the preliminary assessment rates per unit. He indicated that the preliminary assessments total $832,000, with the City's share $1,043,000, about 55% of the overall project cost. He also offered a possible project schedule. Mayor Harycki opened the public hearing. Steven Roettger, 1888 Oak St. W. stated he thought curb and gutter would be blacktop, but heard from a neighbor that curb and gutter would be concrete; he asked for clarification of those plans. Mr. Kraftson answered that the proposal is to use concrete curb and gutter as bituminous doesn't hold up over time; he pointed out that residents will have access to their driveways throughout the project except for three days after the curb is poured, when parking will be available on the street. The resident later inquired about turn- around on Oaks, and expressed concern about safety due to trucks using the street to turn. Mr. Kraftson replied that plans do call for a small hammer -head type turn- around. Mike Sobieski, 1022 Third St. N., stated he felt concerns expressed during the neighborhood meetings were not taken into consideration regarding the plans for street width and parking restrictions on Wilkins Street. He expressed his concern about reducing the width of the street due to the amount of traffic and problems with snow removal /storage. He spoke in favor of a 38' width street. Doug Jahnke, 1024 Second St. N. and 105 Wilkins St. E., spoke against narrowing the street to 32% he expressed concern about parking if the street is narrowed and parking restricted. Marie Jahnke, 1024 Second St. N., stated she was not in favor of narrowing Wilkins Street with parking limited to the only the south side of the street. She thought that the proposal will not provide enough width or on- street parking to meet the traffic and parking needs. She noted the street has a steep grade, is a main route for school buses and is often used by emergency vehicles and narrowing the street could result in future accidents. She also added that in the future there might be additional residents due to the conversion of homes into B &Bs or duplexes, with the need for additional parking that would be lost in narrowing the street. She suggested that the proposal benefits only two property owners on the north side of the street. She explained the proposal affects six properties, four of whom are opposed and only two in favor. She indicated that she would be agreeable to a compromise of a 38' street with boulevards of equal size. No other comments were heard, and the hearing was closed. Councilmember Cook opposed narrowing a street based on individual owner's wishes and stated she thought the information provided by the people who spoke seems to support the compromise of narrowing the street to 38' as the best possible option due to the steep grade of the street and the amount of traffic on the street. Mayor Harycki agreed that the 38' width and centering the street would be the best option, talking of the steepness of the street; he asked whether an issue with the settling of a cul -de -sac in the project area would be addressed. Mr. Kraftson stated the issue of the cul -de -sac would be looked at after the snow melts. Page 3 of 8 City Council Meeting March 15, 2011 Councilmember Menikheim inquired about the process involved in making the recommendations regarding the street width, and Mr. Kraftson explained that his reasoning for narrowing the width of streets when possible due to costs, but primarily for environmental benefits of less runoff, and he stated in looking at this section of street, he felt there would be adequate parking with the narrower street. Councilmember Cook spoke of the difficulty snow presents for narrow streets. On a question by Councilmember Cook, Mr. Kraftson indicated he thought either the 32' or 38' width was workable, suggesting this is a value decision for the Council. Motion by Councilmember Cook, second by Councilmember Polehna, to adopt Resolution 2011- 44, ordering improvement and preparation of plans & specifications for the 2011 street improvement project (Project 2011 -02). Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1027, An Ordinance Amending The Stillwater City Code, Section 31 -1, Subdivision 5 Entitled Establishment Of Districts (Kaufman — Nelson at 1754 and 1650 Washington Avenue ) Community Development Director Turnblad reported that this is the second reading of the ordinance, with no changes made since the first reading. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Ordinance 1027, an ordinance amending the Stillwater City Code, Section 31 -1, Subdivision 5, Entitled Establishment of Districts (Kaufman — Nelson at 1754 and 1650 Washington Avenue). Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None Discussion of Downtown Pedestrian Walkway concept plans Community Development Director Turnblad reviewed concept plans /options for pedestrian walkways and North Lowell Park, noting there are two basic types — a rectilinear pattern or a curvilinear pattern. On a question by Councilmember Polehna, there was discussion of traffic flow and the Corps' plans for the reconstruction of parking lots. There was discussion of the option of a small performance area; Mr. Turnblad stated the intent was that this be a low -tech performance area. Councilmember Cook asked if the consultants provided feedback about what options might work best in certain situations; Mr. Turnblad replied that the consultants do have expertise in a variety of settings. Mayor Harycki indicated if seating areas are planned, consideration should be given so as not to encourage folks to camp out for periods of time. Councilmember Cook inquired about plans for the addition of trees; and Mr. Turnblad answered that spaces have been created where there could be plantings in the future. Page 4 of 8 City Council Meeting March 15, 2011 Councilmember Cook pointed out that the amphitheater is situated so performers will be facing into the sun; it was noted the amphitheater is being built as part of the levee project so there was not a lot of choice regarding positioning. Mr. Turnblad indicated the intent is to present the concept plans to the community during an open house prior to the March 28th Parks Commission meeting. Councilmember Cook stated it would be good to provide notice to residents in addition to property owners within 300' of the project area and the CVB; it was suggested that the various homeowners associations be contacted and asked to share information with members via e -mail, as well as posting on Facebook. Councilmember Cook suggested posting flyers at various locations around town and stated she wants to be sure the word gets out to as many people as possible. Mr. Turnblad explained that comments received at the public meeting will be assembled and brought back to the Council. On a question by Councilmember Menikheim regarding possible scheduling of the project, Public Works Director Sanders talked about scheduling of four projects, relining the Downtown sewer, that will take place after the flood fighting efforts have concluded and before the Corps of Engineers work begins. The Corps work is anticipated to start after Lumberjack Days and hopefully done by Thanksgiving. Regarding the pedestrian plaza, it would be best if that work could be done at the same time as the Corps work, but it is not clear at this time if that will be possible. The fourth project, he stated, would be north of Mulberry Street, between Desch Building and P.D. Pappy's, where another parking lot is planned and will allow for a trail construction to the Zephyr; he stated that would take place in the summer of 2012. NEW BUSINESS Possible approval of Certificate of Termination and Release — Lanoga Corp. - Stillwater Industrial Park City Attorney Magnuson explained that this is a housekeeping measure to provide a clean title to enable the sale of the former UBC property in the Industrial Park. He indicated this is related to a 20- year -old Development Agreement between the City and Lanoga Corp.; he stated all terms of that agreement have been fulfilled and it is appropriate that the City release Lanoga from any further obligations to the City. Motion by Mayor Harycki, seconded by Councilmember Polehna, to adopt Resolution 2011 -45, approving certificate of termination and release with Lanoga Corporation the certificate of termination and release. Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None. Possible adoption of resolution supporting construction of the St. Croix River Crossing Bridge Mayor Harycki noted that a number of communities have passed resolutions in support of the new river crossing and that this resolution is similar to the one recently passed by Washington County Board. Page 5 of 8 City Council Meeting March 15, 2011 Councilmember Cook expressed concern about exempting the bridge from the Wild and Scenic Rivers Act and suggested there might be other options to explore to alleviate the traffic issues downtown. She explained that she could not support the resolution as long as it requests an exemption from the Wild and Scenic Rivers Act; she stated such an exemption would compromise the river, which is the hallmark of the Valley and why people come here. Councilmember Menikheim suggested that not being able to come to a decision to construct a new bridge after 50 years of discussion might indicate there is not a need to construct a new bridge; he stated he is still firmly in support of shutting down the lift bridge due to safety problems, but indicated that is a different issue. Councilmember Cook spoke of the historical importance of the lift bridge to the City and stated limiting the amount of traffic on the bridge or closing it to traffic is important for preserving the lift bridge. Councilmember Cook spoke of the cost of a new crossing and agreed with an earlier comment by Councilmember Menikheim that it might not be unrealistic to have people drive an additional 8 -9 miles from Houlton to the bridge in Hudson. Mayor Harycki pointed out that I -94 is almost at capacity and diverting traffic from Stillwater to that corridor would result in gridlock from Hudson to St. Paul. Councilmember Polehna spoke of the importance of a bridge to Stillwater's economy and future economic development. Councilmember Cook suggested that it seems this is building a bridge to Wisconsin that doesn't really benefit Minnesotans and that when the lift bridge is closed to traffic due to flooding or repairs, the community seems to function fine. Councilmember Polehna pointed out that when the bridge was closed several years ago, there was a real concern among local businesses along the Highway 36 corridor as well as Cub and Target and other businesses in the west business park. Community Development Director Turnblad pointed out that about 25% of Lakeview Hospital's business comes across the bridge and routing people to Hudson might have a dramatic impact on Lakeview and that no town wants to lose its hospital. Councilmember Menikheim indicated he thought it was important to pass the resolution in order to get communities reengaged in the discussion. Motion by Councilmember Polehna, second by Mayor Harycki, to approve the resolution in support of construction of a new bridge. Councilmember Menikheim suggested adding language regarding the existing bridge having a limited safe life span and language related to the tremendous increase in traffic over the years. Motion by Councilmember Polehna to rescind his motion pending the addition of language as suggested by Councilmember Menikheim; Mayor Harycki rescinded his second. Possible accepting of bids and awarding contract for Sewer Lining Project Public Works Director Sanders reviewed the bids, with the low bid submitted by Birchfield Construction at $540,000; 'he explained that the bid also includes some work at the Nelson lift station. He reported the City received a grant of $106,000 and can use some of the DNR grant money for the flood project so the overall project cost could be less than $200,000 in City funds. He reported that there is money in the Capital Outlay Fund to pay for the project. Page 6 of 8 City Council Meeting March 15, 2011 Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 46, accepting bid and awarding contract for sewer interceptor II rehabilitation project (Project 2010- 08). Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None Possible approval of resolution approving the updated 2011 Emergency Operations Plan for the City Of Stillwater Police Chief Gannaway explained that the original plan was adopted in 2003 and needed some updating; primarily phone numbers and contact information. Councilmember Menikheim inquired if the emergency operations center was up and running, and Chief Gannaway responded that the center will be staffed during the day when the flood levee is built; if the water goes higher than projected, it likely will be staffed around the clock. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to Resolution 2011- 47, approving the updated 2011 Emergency Operations Plan for the City of Stillwater. Ayes: Councilmembers Cook, Menikheim, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Cook asked about the status of the social host ordinance; and City Attorney Magnuson replied that a draft should be ready for the next Council meeting. Councilmember Cook confirmed that the spring plantings in the downtown area would take place. Councilmember Polehna reported that he had been told that an economic development plan was prepared several years ago by a number of bankers, business owners and consultant. He inquired what happened to the plan; and Community Development Director Turnblad stated he was not aware of the plan but would check records. Councilmember Menikheim added that several action items resulted from a recent meeting with General Kelley and neighbors of the armory site: a bus tour of armory facilities and having a strategic meeting with Council and armory staff prior to beginning the planning phase. He suggested these items be posted on the web page. STAFF REPORTS (CONTINUED) Public Works Director Sanders reminded the Council that a joint meeting with the Brown's Creek Watershed District and Middle St. Croix WMO would take place at the April 5 4:30 p.m. meeting. Page 7 of 8 City Council Meeting ADJOURNMENT March 15, 2011 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adjourn at 9:10 p.m. All in favor. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk Resolution 2011 -42, directing the Payment of Bills Resolution 2011 -43, Approving transfer of ownership of the On -Sale and Sunday Liquor Licenses from Stillwater Kitchens, LLC; DBA Kitchen in Stillwater, to Shanghai Stillwater, LLC, DBA Shanghai Bistro Resolution 2011 -44, ordering improvement and preparation of plans & specifications for the 2011 Street Improvement Project (Project 2011 -02) Resolution 2011 -45, approving certificate of termination and release with Lanoga Corporation Resolution 2011 -46, accepting bid and awarding contract for Sewer Interceptor II Rehabilitation Project (Project 2010 -08) Resolution 2011 -47, approving the updated 2011 Emergency Operations Plan for the City of Stillwater Ordinance 1027, Amending the Stillwater City Code, Section 31 -1, Subdivision 5 Entitled Establishment of Districts (Kaufman Nelson at 1754 and 1650 Washington Avenue) Page 8of8 jwater Administration � Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 3/24/2011 Re: Gopher to Badger Half Marathon & 5K Attached is the Special Event application from Mark Bongers, Final Stretch, Inc for the Gopher to Badger Half Marathon & 5K that starts at Browns Creek Park and ends up in Hudson. The race in Stillwater's portion starts at 8:00 a.m. with the gathering of runners beginning at 7:00 a.m. This event's first approval was in 1998. It is before Council because the event is getting larger every year and staff felt that you should be aware of the event. The event requires a variance to the noise ordinance for a microphone and amplifier to speak to the runners from 7 -8 a.m. It does not utilize city services that require overtime so a contract is not required. Mr. Bongers is working with Washington County Sheriff and Lakeview Lakeview EMS, Lower St. Croix EMS and St. Croix EMS for the race. The event in the past has not raised any issues and the race portion of event is completed in Stillwater by 8:40 — 9:00 a.m. at the latest. RECOMMENDATION: It is recommended that the event be approved with the variance to the noise ordinance as there have been no issues in the past. ACTION REQUIRED: If Council agrees with the recommendation they should pass a motion approving the event and noise ordinance. . 1Ia, er. EVENTS PERMIT APPLICATION 216 North 4 N ' Street, Stillwater, MN 55082 T.1 N. A T N ►LACE A F M A N N A A T A Telephone: 651 - 430 -8800 Fax: 651- 430 -8809 Incomplete applications or applications received after deadline will not be office use We accepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: 1 - 9 - 2Q1 1 Application Complete No ❑ Yes ❑ Event Information Title /Name of Event Event Date/Time: Set up: Date - f� ' 2,0 11 Actual Event: Date &- 3' Z01 ) Clean up: Date Time 4 1 5 - to 40 4u— Time to --� Time gt (/U to A' - 4 -x -,- (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 Stillw website) y� f4tF 1 49ATHOI/ &INNIA' f &V�! WNIrM v"d(A STi -( 1►v I t,t- +�'f�vz-Awi:. - jNisvt W I �j Ru.lxe*j l Estimated Attendance (participants and spectators): I a5o Applicant Information (Person /Group Responsible) Sponsoring Organization Name: AAUL CM J�NG Mailing Address: PO 1- ay- 1 ;1- l City, State, Zip Code: PtrS+m k, AtJ SSD 7 Primary Contact /Applicant Name: / f „ y � S �� Phone Number: Fax: Cell Phone: 51n _ 6Lfq _ 2 Email Address: IVY Gigs @ FeaA s4yc -f A . &A� Website Address: Name of contact person during event: y iL Cell Phone: OLS a Alternate contact during event: S AAS�c, Cell Phone: 16 Refer media or citizens inquires to: � S Phone: & 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 ❑ Yes ig Number and size: ( -3 Will there be any inflatables? NO Yes ❑ Insurance certificate from rental vendor is required Will there be entertainment? No ❑ Yes ® What type: ktflilfi iv vsl e' Will sound amplification be used? No O Yes O� Hours and Type: - 7 Will a stage or tent(s) be set up? No X1 Yew] Dimensions: . Will there be temporary fencing? No Yes ❑ Will merchandise /food items be sold? No p Yes ❑ How many vendors expected: Will food be prepared on site? No ® Yes ❑ contact Washington County Health Department; 651 -430 -6655 Will cooking operations be conducted? No Yes ❑ contact Stillwater Fire Department 351 -4950 Will alcohol be served but not sold? No © Yes (7 See Alcohol Regulations In the Instructions Will alcohol be sold? No ® Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? NO ® Yes ❑ Permit required, contact Stillwater Fire Department 651- 351 -4950 Describe power needs and location of power source. , 66A&a-lq�'V --L+ S� 1,-� - W e- prwrJQ, Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available City Services (After reviewing the event application, City services maybe requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No ❑ Yes Start/End Time: $am4 - LT:gUa».Date: Sidewalks or Trails No ❑ Yes Start /End Time: Date: g 3 -1 Public Parking Lots or Spaces No Yes ❑ Start/End Time: Date: Will event need barricade(s)? No Y Number needed: Will extra picnic tables be needed? No ® Yes ❑ Number needed: Will portable restrooms be needed? No ❑ Yes ❑ Number needed: 4VI _ 57�< �� `� D Will extra trash receptacles be needed? No ❑ Yes ❑ Number needed: en - Sdc �; v ; �7� Ar Describe trash removal and cleanup plan during and after � event : � Vd jU n4'� -eirt ,►- Jj� !_! _I af« Cye"✓S tr (x c(" IM� w dWl a,.�d .,• f' e' l'• UN - �i /�C �rn f 6Ti wJ.',,l gR ✓�L- S -FP 6leai4 —1/) Will event need traffic control? No ❑ Yes ® Contact Stillwater Police Deportmentfor assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: &aA7 Sh vgi fj VI.ASk ph c6 - 011t, Ql' ,( -i- a,Q 5 e Spa ►Ni 11 A- 4k C*�J �al S -�-a�f l-� Will "No Parking Signs" be needed? No Yes ❑ Number needed Show location(s) on site map Will event need security? No Yes ❑ if event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ❑ Yes '® Contact Lakeview EMS, 651- 430 -4621 Describe plans to provide first aid, if needed: also t:�� $ - Gv�j� CA,.S s� . c�a;� 9Lt C.1, t�kmtss 1vK i2acc �o1rt (/vl �� (nor -�c pc4,,,C reWs. 35-gq Describe the emergency action plan if severe weather ? should arise: ` r ® � e / t4 k fit ei' J "",' reyt '~le 1 4a,., r I. L-e q o 7Ti+ sj' l� w s? Gam, 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 "Certi icate of Insurance" maybe requ I insur ance is requ th e policy must be kept in_for during the even ttf a.Legt_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 o t)Ilw er and is a release of Liability. Signature of Applicant or Autoollied Agent Date t4c Ua� FINAL STRETCH, INC. P.O. Box 121 Nerstrand, MN 55053 (507) 649 -2322 GOPHER TO BADGER 2011 RACE PROPOSAL TO: City of Stillwater Washington County Sheriffs St. Croix County Sheriff City of Hudson — Deb Andrews DATE: Saturday, August 13` , 2011. TIME: 8:00 AM Start — Registration begins 6:15 AM — Lakefront Park - Hudson. FROM: Final Stretch, Inc. — Mark Bongers ROUTE: Stillwater / Hudson — Start at the Browns Creek Trail parking lot on Neal Avenue. Go North to McKusick turn Right or East. Go 2.9 miles to N. Owens turn Right or South. Go .7 miles to Pine turn Left or East (Traffic guards at Olive and Owens — Owens and Pine). Go .6 miles to 3rd turn right or south. Go .6 miles to 65` turn left or east. Go .4 miles to Paris turn south or Right. Follow Paris to Beach, crossover Hwy. 36. Go straight to Hwy. 21, approximately 4.4 miles to 22 Street, turn left or east. Go .6 miles east to Hwy. 95, crossover Hwy. 95 (Traffic Guards). Go South or right to Rivercrest. Go Left or East on Rivercrest, follow Rivercrest to 94 bridge. WISCONSIN / HUDSON — Follow 94 bridge bike path to 35 bike path to first set of lights, go left or west, follow bike path to band shell, finish line, 1.7 miles from Park N Ride in Minnesota to Band Shell in Hudson. Please see map attached. TRAFFIC CONTROL: We will provide volunteer's to help out with each mile on the course. The course will be marked and coned to ensure the safety of the runners. We will abide by all City, County, and State regulations. We are hiring three Washington County sheriff deputies to help on the course for the Gopher to Badger. They would lead the runners and help with traffic control and then be present at the intersection of Hwy 95 and 22 Street to control traffic and allow runners through the intersection. Minnesota DOT has been contacted and permits are being issued for controlling this intersection. LIABILITY INSURANCE: We will provide required insurance and liability coverage for the Gopher to Badger Event. Additionally, we provide co- insurance to all regulatory agencies & governmental agencies. RACE SPECIFICATIONS: The staging area for the 'race will be located at the Hudson band shell. Busses will pick -up the runners on 2 " street right in front of the bandshell at 7:00 am. Participants will then be bussed to Brown's Creek Park in Stillwater were they will begin the race. Race will begin at 8:00 am barring any emergencies or problems. The race will finish in Hudson at Lake Front Park. OTHER STAGING INFORMATION: Aid stations will be located off the road at 2.5, 5.0, 7.5, 10, and 12.5 miles throughout the course. Aid stations will include water or other drinks for the runners. Basic supplies of bandages and communication with the finish line if there is an emergency will be at each aid station. 911 will be notified first in the case of any emergency. EVENT SIZE: Approximately 1,000 runners — 100 walkers. BENEFICIARY: Stillwater football/ athletic programs. Hudson Cross Country Team. Children's Cancer Research Fund is the charity sponsor for the event. MERCHANT BENEFIT: Approximately 750 —1,250 participants and families from the 5 state region will spend the majority of the day in downtown Hudson and along the course through Stillwater and surrounding areas. r ROUTE DESCRIPTION: No Description Provided .L .. -f s.,eora Bwd Y Mahto * - •MCR vttl nu ` 'Canuk fbedFe /,Q '2t d11h SIN ;„ 60 ardrnbn Skchwopd tllpa9e .__ ( r - _ F ;h: Y, R1 75M SrN a+ wM} r , t 'aR y d'- r! ) F F - p Iltw t cAjb Plim Sprtnpe B<Rh 9t N Ewe. ae ! _ . , s r�t'_J"Uakl3aik•li3tlght� yy. a a ! _.� C&u"Pass CEO_ S - ,'fm rMrE ^•Wdr N _ Z 4 rtg_ YIMO BfrrkhaMl ... ,_ +4 Yt ` r 36 r 36 I qq L 2 i� » .e _ t 3Nh TUN Pa v a} < _. 1we,�z ..F llml. :z x! North'Hudson Q. em u, Q� 1.sa � E ! 1 bert■ a1 aMuylaM AwE { / e tfeow•+FFrR - .-. 1, S 6 3:{ _ a .7!'. .. 7wui; $I Iand . z ( - y f < o �.: F r t erm a 1% sea O MaPMyFltness, LLC. AA Rights Reserved, 2005 -20os ( !fiew more msps online t: Find this routs onim at IMpol wwwanspmyrun eoml met united- statesl mM stl5weted43212i444012218M IMSA a values on this Mp may differ sightly from values reported on the route engim. 550 1 8°° r ,d ' 7 50 t fTSe tl ., n 550 - 2 650 0 0.5 1 15 2.5 3 3.5 r 9.5 10 105 it 21.5 12 12.5 11.'_ FeoP (y)! Milo IK1 top . yh: 1005 slapMyFl:ness. Inc O MaPMyFltness, LLC. AA Rights Reserved, 2005 -20os ( !fiew more msps online t: Find this routs onim at IMpol wwwanspmyrun eoml met united- statesl mM stl5weted43212i444012218M IMSA a values on this Mp may differ sightly from values reported on the route engim. Fo�TE Gopher to Badger 2010 ,P MapMyRun* M o * se [1]13.29 mi Stillwater, Minnesota AT FOR NOTES 0.07 mi. 648ft North 0.19 mi. ® 1 270ft Washington County Officer (7:45 8.88 mi. ( ( 8 865ft P am to 8:05 am) 0.24 mi.} 4293ft East 1.05 mi. ( 3733ft South 1.76 mi. (01 1 234ft East 1.81 mi. 0�> 165ft Washington County Officer (8:05 4.34 mi. 296ft am to 8:22 am) 1.84 mi. 427ft South 1.92 mi. 1356ft Water 2.17 mi. { 648ft Washington County Officer (8:10 am to 8:29 am) 2.3 mi. 741 ft Stillwater PD (8:10 am to 8:35 5.44 mi. 41231t am) 2.44 mi. 0 3008 Stillwater PD (8:10 am to 8:38 am) 2.49 mi. 592ft Stillwater PD (8:10 am to 8:40 am) 2.61 mi. 1259ft Stillwater PD (8:10 am to 8:40 am) AT. FOR NOTES 2.84 mi. 1896ft East 3,2 mi. ® 1 1240ft Stillwater PD (8:15 am to 8:50 8.88 mi. ( ( 8 865ft P am) 3.44 mi. 223611t South 3.86 mi. Q 8 1649ft Stillwater PD (8:20 am to 8:57 9.68 mi. ( (01 1 1048ft S am) 4.17 mi. ® 884ft South 4.34 mi. 296ft Water 4.4 mi. 2402ft Southeast 4.85 mi. 614ft East 4.97 mi. { 1619ft Southeast Washington County Officer (8:28 5.28 mi. 893ft am to 9:10 am) 5.44 mi. 41231t South 6.23 mi. tmi 2375ft Water AT F FOR N NOT E$ 7.68 mi. 9 925ft W Watet 7.85 mi. ® ® 1 1mi 179ft S Soutl 8.88 mi. ( ( 8 865ft P Polico 9.05 mi. 2 2554ft W Water 9.53 mi. Q Q 8 807ft P Police 9.68 mi. ( (01 1 1048ft S i 9.88 mi. ( ( 1 1 mi 408fl S South - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'- - - - - - - - - - - - O MapMyRhness, LIC. A2 Rlphk Reserved. 2005200E I Vlsw nrore nrps oiKne at Find ft route onim at hRpYlwwwunapmyrun.coml runt unMed- shied mid rN stilhvete2212EE440122E0M Distance vahes on EES map maY diner do* from vahas reported on the rase engine. i i - � r i r''MapMyRun° ...__.•. .._ 1. .. ......_. .. __ _. _� . . ._.. : r: � .;..... wa 9+ - @ i t •� a .. 4 wt : +It'( r x �;• •. .. i Comfy OHxer VAS am to 8:05 0.19 ml ••'C, iargmurrd+ nRN'• w R/ t fA " -- - ` - --? \ 1 Notth Hudson 4293ft East (z S . \ _GCpc -n�_ `vii �c^'f•�;..T ..=- '2� ° '�`^...'1S iia' ..d - �: .._::.. a " :.- 39 •. __ _.;:_. ...__.•. .._ 1. .. ......_. .. __ _. _� . . ._.. : r: t .;..... ... ...._ _/ ,_.:. .. .: .__'_.- _ . .... a.•Me Peril a 6488 4 wt : +It'( r x �;• •. .. i Comfy OHxer VAS am to 8:05 0.19 ml ••'C, iargmurrd+ 401M1 N^.. w R/ t fA " -- - ` - --? \ 1 Notth Hudson 4293ft East S . \ r� ...__.•. .._ 1. .. ......_. .. __ _. _� . . ._.. : r: t s 0.07 ML # 6488 4 wt : +It'( r x �;• •. .. 3oJ� �_ Comfy OHxer VAS am to 8:05 0.19 ml g¢qa 1 1 t fA " -- - ` - --? a? 1 Notth Hudson ...__.•. .._ 1. .. ......_. .. __ _. _� . . ._.. : r: t s 0.07 ML # 6488 North : jj1. MR9m" a Comfy OHxer VAS am to 8:05 0.19 ml ;(lam • i _ 1 t fA " -- - ` - --? La te : 4293ft East 1.05 mi. 3733ft South 1.76 mi. 2340 East Washi glen Count' OIRCer (8:05 am to 8:22 G.F Couae ® q 3 •- AT FOR NOT 0.07 ML # 6488 North jj1. MR9m" a Comfy OHxer VAS am to 8:05 0.19 ml ;(lam 27011 1 024 ml. : 4293ft East 1.05 mi. 3733ft South 1.76 mi. 2340 East Washi glen Count' OIRCer (8:05 am to 8:22 1.81 mi. ® 16511 am) 1.84 mi. r 42711 South 1.92 mi. 135611 Water i Washing ton County Ofk*r(8:10 am to 8:29 2ATmi. J 646ft am) 2.3 mL j 741ft SMwaW PD (6:10 am to 8:35 am) 2.44 mL C* 300ft Stir PD (8:10 am to 8:38 am) 2.49 mi. 592ft 668 i PD (8:10 am to 8:40 am) 2.61 mi. -' 12590 Slillwakr PO (8:10 am to 8:40 am) 2.54 mi. 18968 East 32 mi. ® 12408 Stiliwal ir PD (8:15 am to 6:50 am) 3.44 mL 22365 South 3.86 mL ® 16498 SWAst r PD (8:21) am to 5:57 am) 4.17 mi. * 88411 South 4,34 mi. 2968 Water I 4.4 ml. 24028 Soulhepsl 1.85 ml. ® 614ft East III 4.97 mi. 1619ft Southeast 893ft Washrrgton County 010rer (538 am to 9:10 526 mi. am) 5.44 ml ® 412311 South 6.23 mL 1m1237511 Water i 7.66 ml. 925ft Water 7.55 mi. tml 1798 South en mL CS> 8850 Pofice 9.05 ml. 255411 Water 9.53 ml. 8078 Poke 9.68 mL ® 10408 South 9.68 mi. tmi 4068 Southeast _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _ _ ._ _ _ _ _ — _ _ O MapMYFAnass, LLC, Al Rights Rammed. 2006-2000 1 View more maps onlne at _ _ _ _ _ _ _ _ _ i Fitd We rotda online at http / /www.mapmyruncoMand uniNd -slMst mnl sti6wabr/422126644012200802 Distance vahba on Min map may differ slightly from values mooned on the mute en ins. t V � }wata�tsa Hudson._.. _'... l iw �� .i1Ycmeain. [ f ' iat 01— aaa LaaW A.'e , k _2 Mie • +�, fake Sf CA* ... i b ._ J .. 1 ;� f 1, r NII � ��., 0eani.y.unaw,LeMnp . LNba4raf : ; emu,..- y t " •, • .�; v t Sm `s Yf s AT FOR NOTI 10.96 mi. I 6478 South 11.08 mi. 455ft West 11.17M. 748ft Water 11.31 mi. 3W88 Nosh 11.86 mi. 47398 East 12.78 ML - North _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I_ _ _ _ _ _ _ — _ — _ _ 6 MmMyRtwu, LLC M RWbb Reserved, 2005-2008 I view more maps onins aL Find this mutt onine at M,pdf www.mapmyran.00mt MW unNed -sMest mrd stilAwMl432126644012280662 Distance veWes on this map Irmy differ sioh* 0emvaWs mpoAsd on the route Hypos. ACORO CERTIFICATE OF LIABILITY INSURANCE I 02T /1MMID2DIYYY1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyfiies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PR NAME: GORDIE WIEGNEDE FARIBO INS. INC. PHONE 507- 334 -3929 Ak 1404 NW 7TH STREET � - -- - -- -- — - FARIBAULT MN 55021 INSURED INSURERA: NAUTILUS INSURANCE COMPANY 17370 FINAL STRETCH INC. INSURER 0: PO BOX 121 12447 150TH ST E INSURER C: NERSTRAND MN 55053 INSURER D: I NSURER E: cnVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM ID Y EXP LIMITS GENERAL LIABILITY NN091590 Ql /22/2011 01/22/2012 EACH OCCURRENCE $1, 000,000 A X COMMERCIAL GENERAL LIABILITY S Ri sumnce is issued pursuant t0 m e DAMAGETO R RTED $ 10 0 OO D CLAIMS -MADE u OCCUR Inn to Surplus Lines Insurance A ct. The MED EXP (Any one person) $ 51000 is an eligible surplus lines ' surer but PERSONAL 6 ADV INJURY $1,00 is not therwise licensed by The Stae of GENERAL AGGREGATE s2,0 00,000 GEN'L AGGREGATE LIMIT APPLIES PER: linnt s ota. In case of insolvency, p lyMent PRODUCTS - COMP/OP AGG s INCLUDED PRO- O IS not guaranteed. $ POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident ANY AUTO BODILY INJURY (Per persor4 S ALL OWNED AUTOS s BODILY INJURY (Per accident SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS (Per accident $ NON -OWNED AUTOS S UMBRELLA LIAR H EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE s $ RETENTION S WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLO .. $ OFFICERIMEMBER EXCLUOED7 ❑ (Mandatory In NH) NIA E.L. DISEASE - POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more s' Is r�ired) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED IF REQUIRED BY WRITTEN CONTRACT RE GOPHER TO BADGER 08/13/11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF STILLWATER ITS EMPLOYESS, OFFICERS AND ASSIGNS AUTHORIZEDREPRESEHj�1j)1(E 216 NORTH FOURTH aeanlia © �r //// 44 ill STILLWATER, MN 55082 V 111155 2t1UbI At.UKU GUKMUKA I IUM. An ngms reserver. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD RESOLUTION 2011 -48 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 $474,715.68 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 5th day of April, 2011. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -48 3M Red & White film for flood signs 833.63 Action Rental, Inc. Liquid Propane 79.09 Adams, Dave Reimburse Work Boots 60.00 Amano McGann, Inc. Parking Ramp Ticket Dispensers,Weboffice 11,218.38 Amdahl Locksmith, Inc. Chris Change Lock 456.00 Apple Glass New Windshield Trailblazer 328.40 Aramark Uniform Services Uniforms,Mats, Mops & Towels 1,171.72 Aspen Mills Uniforms 235.50 AT &T Telephone 143.90 BCA /CJTE Crime Prevention Course 100.00 Becker Arena Products Equipment Repair Supplies 198.77 Berg Bag Company Black Poly Bags Flood 3,814.37 Bixby Portable Toilet Service Unit Rental Browns Creek Park 51.34 Board of Water Commissioners March 2011 WAC 12,510.00 Brock White Co. LLC Hesco 4x3x15 Concertainer Units 19,921.50 Bruchu, Brian Reimburse for Galls Stinger Flashlight 117.83 Carquest Auto Parts Equipment Repair Supplies 798.47 Carte Graph Systems, Inc. Annual Maintenance Agreement 8,273.00 CATCO Parts and Service Equipment Repair Supplies 297.72 CDW Government, Inc. 3m Black Gaffer Tape 97.65 Century College Training & Education 2,100.00 Chemsearch Chemicals 2,829.28 Clark, Luann Cleaning Public Works & City Hall 1,152.50 Cole Papers Janitorial Supplies 974.25 Comcast Internet Service 199.90 Cummins NPower, LLC Repair GenSet 409.15 Dakota Pump & Control Repair Aiple lift station pump 12,650.51 Delta Dental Insurance Cobra 323.20 Denucci Cody Reimburse for work boots 22.44 Earl F. Anderson, Inc. 9" Street Signs 7,251.98 Fastenal Company Misc equipment repair supplies 2,926.57 Fire Safety U.S.A. Air Compressor Maintenance 552.90 Fred's Tire Company Tire Repair 35.33 Goodin Company Equipment Repair Supplies 231.24 H &L Mesabi Carbine Inserted Blade 1,368.86 Heritage Embroidery & Design Uniforms for Adult Hockey & Senior Skaters 1,576.66 Holiday Credit Office Fuel March 2011 94.92 1 T L Patch Co., Inc. Shoulder Emblems & Silver Badges 116.23 J.H. Larson Electric Bathroom Faucets 2,070.25 Jefferson Fire & Safety, Inc. Vehicle Repair Charges & Uniforms 251.01 Kirvida Fire, Inc. Vehicle Repair Charges 596.86 L & D Sign Lift Station Repair & Communications Circuit 290.00 Lakeview Hospital First Responder Refresher Class, Blood Draws 2,050.00 Lemoine, Chyrisse Investigations Clothing 555.63 EXHIBIT "A" TO RESOLUTION #2011 -48 Page 2 M J Raleigh Truck Co. Sand & Snow Removal 1,930.00 Mac Queen Equipment Inc. Equipment Repair Supplies 459.23 Machovec Survival Vests for Flood Control 2,048.53 Magnuson Law Firm David Magnuson dba Professional Services 10,564.33 MARCO Spring Training Seminar Inspections 95.00 Menards Supplies 1,907.58 Met Council March 2011 SAC 28,700.10 Metro Fire Vehicle Repair Supplies 66.06 Midway Party Rental, Inc. Tent with sides and heater for flood 900.42 Midwest Children's Resource Freight for DVD 16.32 MN Chief of Police Association Permits to Acquire 58.78 MN Dept. of Labor & Industry Qtrly Building Permit Surcharge 2,102.00 MN Ice Arena Managers 2011 Spring Workshop 90.00 NAPA Auto Parts Equipment Repair Supplies 13.67 New England Sports Sales, Inc. Grinding Wheels for Skate Sharpening 452.19 Northern Tool Equipment Repair Supplies 320.59 Office Depot Office Supplies 523.07 Palmer Johnson Power Systems LLC Equipment Repair Charges 2,400.46 Pogge, Michel Reimburse for Workshop Fees D Menikheim 125.00 Quality Propane, Inc. Propane for Tent Heaters 341.05 Quiznos House Burn Training 205.77 R & R Specialties, Inc. Replaced Bad Hydraulic Pump 3,270.90 Riedell Shoes, Inc. Skates for Resale 925.18 Rosenbauer Firefighting Technology Freightliner M2 112 Chassis New Fire Truck 103,754.00 S & T Office Products, Inc. Courier Bag for Parking Lots 29.70 Sanders, Wacker, Bergly Inc. Pedestrian Walkway Project 8,897.00 Sellman, Mrs. Refund Learn to Skate Program 78.00 ServiceMaster Commercial Hard Surface Cleaning, Shower 213.75 Sprint Cell Phone 89.00 Sprint PCS Cell Phone 318.43 St. Croix Boat & Packet Co. March Arena Billing 84,370.34 Stillwater Medical Group Physical New Officers 244.21 Stillwater Motor Company Vehicle Repair Charges 792.06 Stillwater Towing Towing 267.19 Streicher's Supplies 1,001.42 Sun Newspapers Publications 3,591.42 The Sandbagger Corporation Sandbagger 19,474.00 Tri State Bobcat, Inc. Equipment Repair Supplies 296.88 Twin City Garage Door Co. Repair Bay Door 395.77 UHL Company Parking Ramp Camera System 11,172.60 Unique Paving Materials, Inc. Asphalt 464.06 United Refrigeration, Inc. Copeland Oil Pump Kit 123.86 Verizon Wireless Cell Phone 1,869.69 Viking Industrial Center Gloves, Jackets, Safety Glasses &Vests 1,868.35 Volunteer Firefighters Benefit Annual Dues Insurance 1,235.00 EXHIBIT "A" TO RESOLUTION #2011 -48 Locksmith Services Page 3 Wal Mart Community Supplies 128.57 Washington County Chiefs of Police Association 2011 Dues 50.00 Washington County Dept of Public Health License Renewal 754.00 Washington County Public Safety Radio 1st qtr radios Police & Fire 8,901.78 Washington County Taxpayer Services Property Taxes 9,806.00 Waste Management - Blaine Garbage Waivers 38.76 West Government Services West Information Charges 88.94 WET Technology, Inc. Water Treatment for Cooling Tower 916.43 Wingfoot Commercial Tire Squad Tires 1,980.34 Winnick Supply Equipment Repair Supplies 156.33 Wulfing, David Reimburse for Region 12 K9 Trials 60.00 Yocum Oil Company Fuel 7,759.90 Ziegler, Inc. Equipment Repair Supplies 1,281.38 LIBRARY Amdahl, Chris Locksmith Services 457.50 Baker & Taylor Library Materials 119.56 Blocher, Carolyn Reimburse Supplies & Mileage 104.77 BWI Library Materials 938.16 Brodart Library Materials 1,480.50 Comcast Telecommunications 49.90 Gaylord Bros. Processing Supplies 115.43 Hansen, Ann Postage 21.93 Menards Janitorials 56.91 Midwest Tapes AV Materials 650.95 Office of Enterprise Technology Telephone 326.21 Quill Supplies 343.21 Toshiba Maintenance Contract 39.39 Washington County Library Telecommunications 1,514.00 Excel Energy Utilities 4,756.36 MARCH MANUALS LMC Insurance Trust Workers Compensation 3,083.61 MN Post Board License Police Officer 90.00 Xcel Utilities 3,891.46 ADDENDUM Heritage Printing Letterhead Envelopes 657.17 Qwest Telephone 649.13 St. Croix Events Fireworks Donation 5,000.00 USAble Term Life Insurance 364.80 EXHIBIT "A" TO RESOLUTION 42011 -48 Washington County Assessment & Taxation Xcel EXHIBIT "A" TO RESOLUTION #2011 -48 Adopted by the City Council this 5th Day of April, 2011 Items Needed for F/S & Audit Electricity,Gas Page 4 220.00 18,462.40 TOTAL 474,715.68 r LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -48 3M Red & White film for flood signs 833.63 Action Rental, Inc. Liquid Propane 79.09 Adams, Dave Reimburse Work Boots 60.00 Amano McGann, Inc. Parking Ramp Ticket Dispense rs,Weboffice 11,218.38 Amdahl Locksmith, Inc. Chris Change Lock 456.00 Apple Glass New Windshield Trailblazer 328.40 Aramark Uniform Services Uniforms,Mats, Mops & Towels 1,171.72 Aspen Mills Uniforms 235.50 AT &T Telephone 143.90 BCA /CJTE Crime Prevention Course 100.00 Becker Arena Products Equipment Repair Supplies 198.77 Berg Bag Company Black Poly Bags Flood 3,814.37 Bixby Portable Toilet Service Unit Rental Browns Creek Park 51.34 Board of Water Commissioners March 2011 WAC 12,510.00 Brock White Co. LLC Hesco 4x3x15 Concertainer Units 19,921.50 Bruchu, Brian Reimburse for Galls Stinger Flashlight 117.83 Carquest Auto Parts Equipment Repair Supplies 798.47 Carte Graph Systems, Inc. Annual Maintenance Agreement 8,273.00 CATCO Parts and Service Equipment Repair Supplies 297.72 CDW Government, Inc. 3m Black Gaffer Tape 97.65 Century College Training & Education 2,100.00 Chemsearch Chemicals 2,829.28 Clark, Luann Cleaning Public Works & City Hall 1,152.50 Cole Papers Janitorial Supplies 974.25 Comcast Internet Service 199.90 Cummins NPower, LLC Repair GenSet 409.15 Dakota Pump & Control Repair Aiple lift station pump 12,650.51 Delta Dental Insurance Cobra 323.20 Denucci Cody Reimburse for work boots 22.44 Earl F. Anderson, Inc. 9" Street Signs 7,251.98 Fastenal Company Misc equipment repair supplies 2,926.57 Fire Safety U.S.A. Air Compressor Maintenance 552.90 Fred's Tire Company Tire Repair 35.33 Goodin Company Equipment Repair Supplies 231.24 H &L Mesabi Carbine Inserted Blade 1,368.86 Heritage Embroidery & Design Uniforms for Adult Hockey & Senior Skaters 1,576.66 Holiday Credit Office Fuel March 2011 94.92 1 T L Patch Co., Inc. Shoulder Emblems & Silver Badges 116.23 I.H. Larson Electric Bathroom Faucets 2,070.25 Jefferson Fire & Safety, Inc. Vehicle Repair Charges & Uniforms 251.01 <irvida Fire, Inc. Vehicle Repair Charges 596.86 . & D Sign Lift Station Repair & Communications Circuit 290.00 .akeview Hospital First Responder Refresher Class, Blood Draws 2,050.00 .emoine, Chyrisse Investigations Clothing 555.63 EXHIBIT "A" TO RESOLUTION #2011 -48 Page 2 M J Raleigh Truck Co. Sand & Snow Removal 1,930.00 Mac Queen Equipment Inc. Equipment Repair Supplies 459.23 Machovec Survival Vests for Flood Control 2,048.53 Magnuson Law Firm David Magnuson dba Professional Services 10,564.33 MAHCO Spring Training Seminar Inspections 95.00 Menards Supplies 1,907.58 Met Council March 2011 SAC 28,700.10 Metro Fire Vehicle Repair Supplies 66.06 Midway Party Rental, Inc. Tent with sides and heater for flood 900.42 Midwest Children's Resource Freight for DVD 16.32 MN Chief of Police Association Permits to Acquire 58.78 MN Dept. of Labor & Industry Qtrly Building Permit Surcharge 2,102.00 MN Ice Arena Managers 2011 Spring Workshop 90.00 NAPA Auto Parts Equipment Repair Supplies 13.67 New England Sports Sales, Inc. Grinding Wheels for Skate Sharpening 452.19 Northern Tool Equipment Repair Supplies 320.59 Office Depot Office Supplies 523.07 Palmer Johnson Power Systems LLC Equipment Repair Charges 2,400.46 Pogge, Michel Reimburse for Workshop Fees D Menikheim 125.00 Quality Propane, Inc. Propane for Tent Heaters 341.05 Quiznos House Burn Training 205.77 R & R Specialties, Inc. Replaced Bad Hydraulic Pump 3,270.90 Riedell Shoes, Inc. Skates for Resale 925.18 Rosenbauer Firefighting Technology Freightliner M2 112 Chassis New Fire Truck 103,754.00 S & T Office Products, Inc. Courier Bag for Parking Lots 29.70 Sanders, Wacker, Bergly Inc. Pedestrian Walkway Project 8,897.00 Sellman, Mrs. Refund Learn to Skate Program 78.00 ServiceMaster Commercial Hard Surface Cleaning, Shower 213.75 Sprint Cell Phone 89.00 Sprint PCS Cell Phone 318.43 St. Croix Boat & Packet Co. March Arena Billing 84,370.34 Stillwater Medical Group Physical New Officers 244.21 Stillwater Motor Company Vehicle Repair Charges 792.06 Stillwater Towing Towing 267.19 Streicher's Supplies 1,001.42 Sun Newspapers Publications 3,591.42 The Sandbagger Corporation Sandbagger 19,474.00 Tri State Bobcat, Inc. Equipment Repair Supplies 296.88 Twin City Garage Door Co. Repair Bay Door 395.77 UHL Company Parking Ramp Camera System 11,172.60 Unique Paving Materials, Inc. Asphalt 464.06 United Refrigeration, Inc. Copeland Oil Pump Kit 123.86 Verizon Wireless Cell Phone 1,869.69 Viking Industrial Center Gloves, Jackets, Safety Glasses &Vests 1,868.35 Volunteer Firefighters Benefit Annual Dues Insurance 1,235.00 EXHIBIT "A" TO RESOLUTION #2011 -48 Wal Mart Community Supplies Washington County Chiefs of Police Association 2011 Dues Washington County Dept of Public Health License Renewal Washington County Public Safety Radio 1st qtr radios Police & Fire Washington County Taxpayer Services Property Taxes Waste Management - Blaine Garbage Waivers West Government Services West Information Charges WET Technology, Inc. Water Treatment for Cooling Tower Wingfoot Commercial Tire Squad Tires Winnick Supply Equipment Repair Supplies Wulfing, David Reimburse for Region 12 K9 Trials Yocum Oil Company Fuel Ziegler, Inc. Equipment Repair Supplies LIBRARY Amdahl, Chris Locksmith Services Baker & Taylor Library Materials Blocher, Carolyn Reimburse Supplies & Mileage BWI Library Materials Brodart Library Materials Comcast Telecommunications Gaylord Bros. Processing Supplies Hansen, Ann Postage Menards Janitorials Midwest Tapes AV Materials Office of Enterprise Technology Telephone Quill Supplies Toshiba Maintenance Contract Washington County Library Telecommunications Excel Energy Utilities MARCH MANUALS LMC Insurance Trust Workers Compensation MN Post Board License Police Officer Xcel Utilities Page 3 128.57 50.00 754.00 8,901.78 9,806.00 38.76 88.94 916.43 1,980.34 156.33 60.00 7,759.90 1,281.38 457.50 119.56 104.77 938.16 1,480.50 49.90 115.43 21.93 56.91 650.95 326.21 343.21 39.39 1,514.00 4,756.36 3,083.61 90.00 3,891.46 RESOLUTION APPROVING POLICE OFFICER DECLARATION OF JEROMY BUBERL FOR PERA WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes §353.63, is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minn. Stat. §353.64, permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for eligible employees of police departments whose position duties meet the requirements stated therein and listed below. BE IT RESOLVED, that the City of Stillwater, of Washington County, State of Minnesota, hereby declares that the position of Part-Time Police Officer, currently held by Jeromy Buberl, meets all of the following Police and Fire Plan membership requirements: 1. Part-Time Police Officer position requires a license by the Minnesota peace officer standards and training board under sections 626.84 to 626.863 and this employee is so licensed; 2. Part -Time Police Officer position's primary (over 50 %) duty is to enforce the general criminal laws of the state; 3. Part-Time Police Officer position charges this employee with the prevention and detection of crime; 4. Part-Time Police Officer position gives this employee the full power of arrest, and 5. Part-Time Police Officer position is assigned to a designated police department. BE IT FURTHER RESOLVED that this governing body hereby requests that the named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire Plan salary deduction by the governmental subdivision. Adopted by the Stillwater City Council this 5th day of April, 2011. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk _e �vP FT•L• s Minnesota Department of Public Safety ,� , ::� Alcohol and Gambling Enforcement Division 0F�Zn ' 444 Cedar St -Suite 133 a j W d•,- .:' St. Paul, MN 55101 -5133 (651)296 -9519 Fax (651)297 -5259 TTY (651)282 -6555 APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION ATE ORGANIZED TAX EXEMPT NUMBER Ch,, (_ 0_E e 1 2 i- 07 '1.2 S-/ STREET ADDRESS CITY STATE ZIP CODE P JFG. Ih�r� 5f/ee� 1 5li�lu/c r `N A) 2 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE (e-tt (661 ) 379 ia-6 3 1 ( 932) as & _3 )1- y DATES LIQUOR WILL BE SOLD 15 ao TYPE OF ORGANIZATION El CLUB ❑CHARITABLE AkELIGIOUS E30THER NONPROF ORGANIZATION OFFICER'S NAME ADDRESS &// R ev M,'a a ef VYI: ler ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION FFICER'S NAME ADDRESS Location where license will be used. If an outdoo� area describe b l I - 60 J-4, - a ,rA .5 P C- &k n{ + /o r Soc l- Nadi iF rr.+nrnr� Will, the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. A Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) WU APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS -09079 W water 1 T H E R I R 1 14 P I . A is is 0 f M E N N E 5 O' A Memo Community Development Department To: City Council From: Michel Pogge, City Planner Wr Date: Tuesday, April 05, 2011 Re: Parking Ramp Phone and Internet Service Message: Currently there are four phone lines required at the ramp for the fire alarm system, elevator, emergency call buttons, and paystation help buttons, each requiring their own phone connection. Additionally, the paystations require an internet connection to process credit cards. Currently the ramp is serviced by Qwest at a cost of $309.40 per month. Staff has found we could receive the same service from Comcast at a cost of approximately $242.86 per month, which includes taxes. This would result in a savings of $66.54 per month or $798.48 per year. There is a one time installation fee of $200.00 and Comcast Business Services requires a two -year agreement with new services. The City can cancel service at anytime once the initial two years is completed. Recommendation That the City Council approve switching from Qwest to Comcast for phone and internet service at the Municipal Parking Ramp at 200 2nd St N and authorize the Mayor to sign a two year contract for service with Comcast Business Services. From the desk of... Michel Pogge, AICP - City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us APPROVING OF CONTRACT WITH COMCAST FOR PHONE AND INTERNET SERVICE FOR THE MUNICIPAL PARKING RAMP AT 200 NORTH SECOND STREET BE IT RESOLVED by the City Council of Stillwater, MN that the agreement with Comcast and the City of Stillwater for phone and internet services for the Municipal Parking Ramp at 200 North Second Street is hereby approved and authorizes the Mayor to sign the agreement. Adopted by the City Council of the City of Stillwater this 5th day of April, 2011. Ken Harycki, Mayor ATTEST: Larry Hansen, Acting City Clerk i 0OMC ISt, BUSINESS CLASS SERVICE ORDER AGREEMENT Account Name: City of Stillwater- ID #:3879457 CUSTOMER INFORMATION Service Location Address 1 200 N 2ND ST City Stillwater Address 2 _ State MN Primary Contact Name Michae P ZIP Code 55082 Business Phone (651) 430 -8822 County Cell Phone Email Address mpogge @ci.stillwater.mn.u s Pager Number Primary Fax Number Technical Contact Name Tech Contact On -Site? No Technical Contact Business Phone Technical Contact Email Property Manager Contact Name Property Mgr. Phone COMCAST BUSINESS CLASS SERVICES Selection DD Business Class Voice X Business Class Internet X Business Class TV Business Class Voice* Service Term CLASS SERVICES DETAILS 24 Business Class Packaoes INTERNET SELECTIONS Selection(X) Total Cost Starter Preferred X $24.95 /Line Other Premium X $99.95 Internet Equipment Fee Voice Jack Fee INTERNET OPTIONS Selection(X) Total Cost Microsoft Outlook Office Email X Included Web Hosting - Starter Web Hosting - Business X Included Web Hosting - Commerce Web Hosting - Professional Static IP - 1 Static IP - 5 Static IP - 13 Internet selections & options not available In all markets. * Not available in home otlkes or public view establishments. TV selections 8 options not available in all markets. - Available for Information & Entertainment, Standard 8 Referred TV offers only. COMCAST BUSINESS CLASS TOTAL SERVICE CHARGES Business Class Selection(X) Unit Cost Total Cost Installation Fee X $99.00 $99.00 Total Monthly Service Charge $249.75 Promotional Code (if applicable) WEST_BPO_24.95BCVx2_wBCI Less Discount (if applicable) $0.00 Per line activation fee, up to four (4) line maximum charge. Total Installation Charges:* $198.8 Total Recurring Monthly Bill:* $24x.75 Does not include Custom Installation Fees referenced below. ' Applicable federal, state, and local taxes and fees may apply. GENERAL SPECIAL INSTRUCTIONS I Promotion Code WEST_BPO_24.95BCVx2_wBCI - WEST $24.95 Voice Full Featured lines for life of contract with purchase of 2+ lines and Internet of any speed or Internet any speed and TV private or public view for a 2 year or greater term. monthly bill will be $204.75 + taxes and fees OrderForm Version v9 Pagel of 4 Voice Activation Fee* X $24.95 /Line $99.80 Auto - Attendant Setup Fee Voice Jack Fee To ll Free Activation F Promotional Code (if applicable) WEST_BPO_24.95BCVx2_wBCI Less Discount (if applicable) $0.00 Per line activation fee, up to four (4) line maximum charge. Total Installation Charges:* $198.8 Total Recurring Monthly Bill:* $24x.75 Does not include Custom Installation Fees referenced below. ' Applicable federal, state, and local taxes and fees may apply. GENERAL SPECIAL INSTRUCTIONS I Promotion Code WEST_BPO_24.95BCVx2_wBCI - WEST $24.95 Voice Full Featured lines for life of contract with purchase of 2+ lines and Internet of any speed or Internet any speed and TV private or public view for a 2 year or greater term. monthly bill will be $204.75 + taxes and fees OrderForm Version v9 Pagel of 4 +�Ol"! COSt BUSINESS CLASS SERVICE ORDER AGREEMENT Account Name: City of Stillwater- ID #:3879457 COMCAST BUSINESS CLASS INTERNET CONFIGURATION DETAILS Microsoft Office Communication Services Equipment Selection D3.0 IP Gateway Microsoft Office Outlook Email Included with Internet Service Business Class Web Hosting No Business Class Internet: Starter Phone S stem Type( Key System, PBX, Other 12 Full Access Transfer Existing Comcast.net Email No Business Class Internet: Preferred 6514307073 14 Full Access Number of Static IPs' Phone S stem Manufacturer Other: Premium 4+ Line 1 8 Email boxes Included Is a 13 Sts. IPe are requested a STATIC IP JUSTIFICATION FORM is required. COMCAST BUSINESS CLASS TV CONFIGURATION DETAILS Outlet Details Fax Machine Manufacturer Location Outlet Type Additional Comments: Outlet 1 - Primary Outlet 2 - Additional Alarm S stem Vendor Outlet 3 - Additional Outlet 4 - Additional OUTLETS 9 & UP QUANTITY Outlet 5 - Additional Analog Outlet 6 - Additional Telco Closet Location Digital Outlet 7 - Additional HDTV Outlet 8 - Additional Hunt Group Configuration Details Hunt Grou p Features Requested Yes/No COMCAST BUSINESS CLASS VOICE CONFIGURATION DETAILS Phone # Type Voicemail Customer Equipment 6513510197 Full Featured, Unitd LID Voice Line Yes Phone S stem Type( Key System, PBX, Other 6513519248 Full Featured, Unitd LID Voice Line No 752102 6514307073 Full Featured, Unlld LID Voice Line No Phone S stem Manufacturer 6151430801 4+ Line No Fax Machine Manufacturer Alarm S stem Vendor Point of Sale Device Telco Closet Location Hunt Group Configuration Details Hunt Grou p Features Requested Yes/No No Hunt roup Confi uration Type Hunt roup Pilot Number Toll Free # Calling Origination Area Associated TN Directory Listing Details Directory (PUeN— ,Nw-ubfi~unfi—) Published Directory Listing Phone Number 6513510197 Directory Listing Display Name City of Stillwater - DA/DL Header Text Information Parking Stations 8 Garages DA/DL Header Code Information Standard Industry Code Information 752102 Additional Voice Details Caller ID (Yes/No) Yes Caller ID Display Name (max 15 char.) City of Stillwa Call Blocking (Yes/No) No Auto-Attendant (Yes/No) No OrderForm Version v9 Page 2 of 4 L�1AMOOSt- BUSINESS CLASS SERVICE ORDER AGREEMENT Account Name: City of Stiliwater- ID #:3879457 CUSTOMER BILLING INFORMATION Billing Account Name Ci of S tillwater- City Stillwater Billing Name (3rd Party State MN Address 1 20 N 2nd St ZIP Code 55082 Address 2 _ Billing Contact Email mpogg stillwater.mn.us Billing Contact Name Mich Pogge Billing Contact Phone (6 430 -8822 Tax Exempt ?' No Billing Fax Number " If yes, please provide and attach tax exemption certificate. AGREEMENT 1. This Comcast Business Class Service Order Agreement sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ( "Comcast ") will provide the Services to Customer. This Comcast Business Class Service Order Agreement consists of this document ("SON'), the standard Comcast Business Class Terms and Conditions ('Terms and Conditions "), and any jointly executed amendments ( "Amendments "), collectively referred to as the "Agreement ". In the event of inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) Terms and Conditions, and (3) this SOA. This Agreement shall commence and become a legally binding agreement upon Customer's execution of the SOA. The Agreement shall terminate as set forth in the Terms and Conditions (http: // business. comcast.com /terms - conditions /index.aspx). All capitalized terms not defined in this SOA shall reflect the definitions given to them in the Terms and Conditions. Use of the Services is also subject to the then current High -Speed Internet for Business Acceptable Use Policy located at http: / /business.comeast.com /terms - conditions /index.aspx (or any successor URL), and the then current High -Speed Internet for Business Privacy Policy located at http: / /business.comcast.com /terms- conditionslindex.aspx (or any successor URL), both of which Comcast may update from time to time. 2. Each Comcast Business Class Service ( "Service ") carries a 30 day money back guarantee. If within the first thirty days following Service activation Customer is not completely satisfied, Customer may cancel Service and Comcast will issue a refund for Service charges actually paid by Customer, custom installation, voice usage charges, and optional service fees excluded. In order to be eligible for the refund, Customer must cancel Service within thirty days of activation and return any Comcast - provided equipment in good working order. In no event shall the refund exceed $500.00. 3. IF CUSTOMER IS SUBSCRIBING TO COMCAST'S BUSINESS CLASS VOICE SERVICE, I ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THE E911 NOTICE: E911 NOTICE Comcast Business Class Voice service ( "Voice ") may have the E911 limitations specified below: " in order for 911 calls to be property directed to emergency services using Voice, Comcast must have the correct service address for the Voice Customer. If Voice is moved to a different location without Comcast's approval, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and /or Voice (including 911) may fail altogether. • Voice uses electrical power in the Customer's premises. If there is an electrical power outage, 911 calling may be interrupted if the battery back -up in the associated multimedia terminal adapter is not installed, fails, or is exhausted after several hours. • Voice calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. • Comcast will need several business days to update a Customer service address in the E911 system. All change requests and questions should be directed to 1 -800- 391 -3000. USE OF VOICE AFTER DELIVERY OF THIS DOCUMENT CONSTITUTES CUSTOMER ACKNOWLEDGEMENT OF THE E911 NOTICE ABOVE. 4. To complete a Voice order, Customer must execute a Comcast Letter or Authorization ( "LOA ") and submit it to Comcast, or Comcast's third party order entry integrator, as directed by Comcast. 5. New telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until after the install is complete. 6. Modifications: All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Senior Vice President and the Customer. All other attempts to modify the Agreement shall be void and non - binding on Comcast. Customer by signing below, agrees and accepts the Terms and Conditions of this Agreement. CUSTOMER SIGNATURE By signing below, Customer agrees and accepts the Terms and Conditions of this Agreement. General Terms and Conditions can be found at hftp://business.comeast.com/terms-conditionsrindex.aspx. Signature: Print: K eAN r Title: Q r ot Date: I FOR COMCAST USE ONLY Sales Representative Paul Larson Sales Representative Code: 78339 Sales Manager /Director Derek Divan Sales Manager /Director Division: West Lead ID: _3879457 OrderForm Version v9 Page 3 of 4 mcaSf. BUSINESS CLASS SERVICE ORDER AGREEMENT Account Name: City of Stillwater- ID#: 3879457 LETTER OF AGENCY Please print or type the following All blank spaces must be completed. Billing Name ( "Company "): City of Stillwater- Billing Address: 200 N 2nd St _ City: Stillwater . State: MN Zip: 55082 If Company is switching its current phone number(s) to Comcast, please print the telephone number(s) and the name(s) of Company's current local and long distance phone service providers in the spaces below. Area code(s) and telephone number(s) Company wants switched to Comcast (you may also insert a number range, e.g., 215- 555 -0000 thru 215 - 555 - 9999): Telephone Number Current Local Provider 6513510197 Qwest 6513519248 Qwest 6514307073 Qwest 6151430801 Qwest Telephone Number I Current Local Provider Please read the following information: The undersigned is an authorized representative of the Company. Company chooses Comcast for all its landline calling needs across town, across the country, and worldwide for the telephone number(s) listed above (if applicable). Company understands that Comcast will take the place of its current landline phone service provider(s) for local, local toll, and long distance services. Company understands that, for each of these services, it may designate only one provider per service for any one telephone number. Company also understands that the service provided by Comcast includes all distances, which means that Company may only designate one provider for all of its calling needs for any one telephone number. The undersigned signature on this form authorizes Comcast to act as Company's agent in making the changes from Company's current service provider(s), and to switch Company's telephone number(s), listed above (if applicable), to Comcast. Company understands that its current service provider(s) may charge a fee to switch its service to Comcast Please sign here: Authorized Representative's Date: Authorized Representative's Name (Print): 1H il')A Authorized Representative's Title (Print): C �G✓j// OrderForm Version v9 Page 4 of 4 c1ii 1watiLl Administration � To: Mayor and City Council From: Diane Ward, City Clerk Date: 3/23/2011 Subject: Transfer of Off -Sale Liquor License As required, a public hearing must be held for the transfer of a liquor license. A liquor license application has been received from Chad Wichmann for the transfer of an off -sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors located at 1920 Market Drive. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to transfer the off -sale liquor license they should pass a motion to adopt a resolution entitled APPROVING THE TRANSFER OF THE OFF -SALE LIQUOR LICENSE TO CWPHRC, INC. DBA STILLWATER LIQUORS. APPROVING THE TRANSFER OF THE OFF -SALE LIQUOR LICENSE TO CWPHRC, INC. DBA STILLWATER LIQUORS WHEREAS, an application has been received for the transfer from Chad Wichmann for the transfer of an Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors located at 1920 Market Drive; and WHEREAS, a public hearing on the transfer of the liquor license was held on April 5, 2011; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the Off -Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 5 th day of April 2010. Ken Harycki, Mayor Attest: Larry D. Hansen, Acting City Clerk L I Iwa ter Administration � To: Mayor and City Council From: Diane Ward, City Clerk Date: - 3/23/2011 Subject: New Wine and strong beer Liquor License As required, a public hearing must be held for the issuance of a new liquor license. A liquor license application has been received from Greg Gartner requesting a new wine and strong beer to Gartner Restaurant Holdings LLC, DBA: Mara Mi Cafd located at 201 Main Street South, Suite 100, Stillwater, MN Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue a new Wine and strong beer liquor license they should pass a motion to adopt a resolution entitled APPROVING THE ISSUANCE OF A NEW WINE AND STRONG BEER LIQUOR LICENSE TO GARTNER PROPERTIES, LLC. DBA MARA MI CAFE APPROVING THE ISSUANCE OF A NEW WINE AND STRONG BEER LIQUOR LICENSE TO GARTNER PROPERTIES, LLC. DBA MARA MI CAFE WHEREAS, an application has been received from Greg Gartner requesting a new wine and strong beer license to Gartner Properties, LLC, DBA Mara Mi Cafe to be located at 201 Main Street S, Suite 100, Stillwater, MN and WHEREAS, a public hearing on the transfer of the liquor license was held on April 5, 2011; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Wine and strong beer liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 5� day of April 2010. Ken Harycki, Mayor Attest: Larry D. Hansen, Acting City Clerk lllwater Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 3/23/2011 Subject: New Off -Sale Liquor License As required, a public hearing must be held for the issuance of a new liquor license. An off -sale liquor license application has been received from Greg Gartner requesting a new license for Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN. This will be located in the Mara Mi building, this would be similar to Cesare's Wine Shop / Cesare's Market Place and Cub Liquors /Cub Foods as it must have its own entrance to the off -sale to maintain off -sale hours, but it is allowed to have a common hallway to either enter the cafe or off -sale establishment from the front or back entrances. Off -sale cannot be sold in the cafe portion of the ' building. There has been a preliminary discussion and walk through with Minnesota Liquor Control relating to the location and what they are proposing is acceptable. Final approval from Liquor Control will be contingent upon a physical inspection of the location to ensure separation of the off -sale and wine with strong beer license in the cafe. Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control ACTION REQUIRED: If Council desires to issue a new Off -Sale liquor license they should pass a motion to adopt a resolution entitled APPROVING THE ISSUANCE OF A NEW OFF -SALE LIQUOR LICENSE TO GARTNER PROPERTIES, LLC. DBA COMPANY BY MARA MI APPROVING THE ISSUANCE OF A NEW OFF -SALE LIQUOR LICENSE TO GARTNER PROPERTIES, LLC. DBA COMPANY BY MARA MI WHEREAS, an application has been received from Greg Gartner, requesting the issuance of a new off -sale liquor license to Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN and WHEREAS, a public hearing on the transfer of the liquor license was held on April 5, 2011; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new Off -Sale liquor license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 5`" day of April 2010. Ken Harycki, Mayor Attest: Larry D. Hansen, Acting City Clerk THE BIRTHPLACE OF MI NE5OTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: March 29, 2011 RE: Request to reconsider decision regarding lease of parking spaces Stillwater Family Dental Clinic BACKGROUND Stillwater Family Dental would like to relocate its practice from Tower - Drive to the proposed office building across 3` Street from the current Post Office. At the March 1, 2011 Council meeting City staff presented the Stillwater Family Dental request for permission to lease eight parking spaces in the surface lot next to the proposed office building. On a 3 -2 vote the Council denied the request. Dr. Perpich, owner of Stillwater Family Dental, has submitted a written request asking the Council to reconsider its decision. Due to miscommunication she was not aware that her request was on the Council agenda and was therefore not available to present her case. Since convenient parking for her handicapped patients is critical to the success of her practice, she would appreciate the opportunity to personally appear before the Council. REQUEST Stillwater Family Dental is asking to lease the northerly eight spaces in the parking ramp's surface lot. The leased spaces would be reserved M -F from 7 AM -6PM for the dental clinic. COMMENTS The purpose of the ramp is to encourage economic vitality downtown by supporting the parking needs of existing businesses and to make possible business investment that "but for" the new parking spaces could not occur. TIF revenue is paying for the bond that financed the construction of this economic development project. The parking ramp has only been open for a year, but already it is providing valuable contract parking spaces to surrounding businesses. And it played a key role in making the Lowell Inn expansion possible. Now a tax generating office building that will be the place of employment for well paid professionals is planned by Trinity Lutheran Church at the northeast corner of 3` Street and Myrtle Street. Again, without the increased number of parking spaces provided by the City's economic development project this office project would not be possible. Moreover, negotiations for assembling the properties for the ramp recognized the role that the parking ramp would play in re- development of the church property. The development agreement executed by the City and Dental Clinic Request March 29, 2011 Page 2 former property owners went so far as to say that the ramp would offset the need for a variance for the new office building's parking deficit. Given the unique relationship between the public ramp and the proposed office building, the request for eight leased spaces in the ramp's adjacent surface lot will not set a negative precedent. Private leases for public parking spaces downtown typically have only been approved for TIF redevelopment projects such as the ramp. The Cub Office Building and the River Market Co -op are other TIF projects with associated leased parking. This is to say that approving this request does not place the City in a position that compels it to approve other potential requests by downtown businesses to lease public parking spaces in front of their buildings, since they are not part of an economic development or re- development project. 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 Feb 24, 2011 Council Memo Resolution bt THIRD STREET NORTH I T, F� I F- F Requested lease spaces F Lk- il o '� mumiWal Bill Turnblad From: Dr. Rosalie J. Perpich DDS [ r. perpich @stillwaterfamilydental.com] Sent: Monday, March 07, 2011 10:45 AM To: Bill Turnblad Subject: request for reconsideration of parking denial. Hello, I hope you are having a good Monday. I am writing to request a reconsideration of parking for Stillwater Family Dental at the new post office location. I am under the understanding that this is an option for me. Please let me know if I it is not. The next city council meeting is March 15 I will be out of town but would still like to be added to the agenda and will have someone present to represent me. Thank you in advance for your time. Stillwater Family Dental http:/ /www : stillwaterfamilydental.com 1725 Tower Drive Ste. 130 Stillwater, Mn 55082 651- 351 -0890 click here to like us at facebook 1 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: Letter from Dental Clinic bt 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. 1 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. 1 will also be leasing 10+ spots for my employees and purchasing vouchers for patients to park in the ramp. 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 RESOLUTION NO. 2011- RESOLUTION APPROVING LEASE OF PARKING SPACES IN MUNICIPAL LOT ON 3 RD STREET NORTH WHEREAS, Trinity Lutheran Church owns property at 107 T Street upon which it plans to develop an office building; and WHEREAS, the City constructed a municipal parking ramp in the immediate neighborhood of 107 3 rd Street and the primary purpose for the parking ramp was to encourage economic vitality in downtown Stillwater by supporting the parking needs of existing businesses and to make possible economic development investment that "but for" the new parking spaces could not occur; and WHEREAS, Trinity Lutheran Church proposed and received City approval to demolish a residential duplex at 107 3 rd Street and in its place construct a three level office building, which would not have been possible without the parking ramp since sufficient parking would otherwise have been unavailable; and WHEREAS, given the state of the country's economy, private financing for construction of the office building depends upon 100% of the office building's space being committed prior to receiving the financing; and WHEREAS, Stillwater Family Dental Clinic would like to occupy the final available space in the office building, but requires availability of eight closely located parking spaces since a large percentage of the clinic's patients are handicapped; and WHEREAS, Stillwater Family Dental Clinic's dentists and other employees will purchase monthly parking permits in the parking ramp, and many of the non - handicapped patients will park in the ramp. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby approves the lease of eight parking spaces in the parking ramp's adjacent surface lot with the following conditions: 1. The eight parking spaces shall be located as indicated in Exhibit A. 2. The lease rate for the spaces shall be the same as the rate for the spaces in the fourth level of the adjacent parking ramp. In 2011 that rate is $10 per space per month. 3. The eight leased spaces shall be posted as reserved M -F from 7 AM -6PM for the dental clinic. The cost of manufacturing and installing the eight signs shall be borne by the dental clinic. 4. Upon execution of this resolution by Stillwater Family Dental, it shall constitute the lease for the eight subject parking spaces. 5. This lease will be reviewed annually. Adopted by the Stillwater City Council this 5 day of April, 2011. CITY OF STILLWATER Ken Harycki, Its Mayor Diane F. Ward, Its City Clerk STILLWATER DENTAL CLINIC 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 Ward, to me personally known, affirmed that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 2011, before me, a Notary Public within and for said County, appeared , to me personally known, who affirmed that s /he is the person named in the foregoing instrument, is authorized to enter into agreements on behalf of Stillwater Dental Clinic, and that this instrument was signed as the free act and deed of the Stillwater Dental Clinic. Notary Public ater �lW THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: March 29, 2011 RE: 2 Hour Parking at Churchill and 4` BACKGROUND Lee Stylos has purchased the commercially zoned property at 826 S 4th Street. He would like to convert some of the space to bicycle shop, part to a cafe, part to offices. Each of the proposed uses is permitted in the property's zoning district. However, insufficient parking exists on the property for all of the intended uses. Consequently, Mr. Stylos requested a parking variance. Parking variances have been granted for the property in the past, and the Planning Commission granted this one as well. The variance approval by the Planning Commission carries one condition. It is that a 2 hour parking zone be created in front of the businesses at the intersection of Churchill and 4 Street. The Parking Commission considered creation of the parking zone at their March 24, 2011 meeting. They recommended approval of it. REQUEST Approve a 2 hour parking zone in front of the neighborhood businesses at Churchill and 4 Street. DISCUSSION The attached map shows where the 2 hour parking zone is suggested. It is all located on frontage that is zoned CA, General Commercial. Additional background information is provided in the attached planning report prepared by Mike Pogge for the Planning Commission. If the City Council approves the 2 hour parking zone, then the parking variance requested by Mr. Stylos would become effective. If the Council denies the proposed 2 hour parking zone, then the parking variance would not become effective. Mr. Stylos would then have to request the Planning Commission to reconsider his variance case. 2 Hr Parking at Churchill and 4` Page 2 RECOMMENDATION Both the Parking Commission and city staff recommend approval of the parking zone as shown in the attached map. bt Attachments: Map Planning Report Resolution 2 Hr Parking at Churchill and 4 ° i R� 4W 4 AA ;Al 1) The yellow lines represent no parking zones (either driveways or painted curbs). 2) The blue lines represent the areas suggested for 2 hour parking limit. All of the on- street parking that would be limited to 2 hour is along frontage zoned CA, General Commercial. 1'! A W wa ter � JR I ! . � ^ Planning Commission DATE: March 10, 2011 CASE NO.: 11 -05 APPLICANT: Lee Stylos REQUEST: A variance to the parking requirements LOCATION: 826 4th St S COMPREHENSIVE PLAN DISTRICT: C - Commercial ZONING: CA - General Commercial PC DATE: March 14, 2011 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner41_0� BACKGROUND The applicant, Lee Stylos, is requesting a parking variance for a new cafe and bike shop in an existing commercial building located at 826 4th St S. The site today provides six parking spaces (three in a garage and three in a lot adjacent to the garage). With its previous mix of office /retail uses the site required 17 parking spaces. This left the site deficient 11 parking spaces. In planning case 1996 -32, a variance was granted for these 11 parking spaces. The proposed mix of office/ retail/ restaurant uses requires 22 parking spaces. This would leave a total deficit of 16 parking spaces or 5 spaces over the previously granted variance. Historically, this site was used as a grocery store. After closing it has had a number of uses including a water care business, offices, a restaurant, retail and others. In planning case 1990 -15 a variance was granted to allow a pizza shop to exist on the site. If that variance was still in place, no variance would be required for the proposed cafe use; however, since the use had been discontinued for more than one year, a variance is now required to reintroduce a restaurant use on this site. 826 4` St S Page 2 EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The existing building was constructed in 1921. Obviously, the existing set of circumstances prevents the business from creating the required number of on- site parking spaces without demolishing a portion of the existing building or taking down an adjoining building. Over the years, it has been common for the City to issue parking variances for these types of commercial sites that are surrounded by residential properties in part due to their unique and historic development patterns. Finally, the City has historically only aggressively required the construction of new parking spaces with new construction. For these reasons, a variance does seem to be supported. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. Since the Krummenacher v City of Minnetonka ruling earlier in the year, this review criterion has become virtually impossible to satisfy. The Supreme Court ruled that even if a lot were vacant and a structure could not be built without a variance, open space would be a reasonable use for that vacant lot. And even as a vacant lot, substantial property rights are preserved. So in this variance request, the fact that the property owner cannot convert the use from retail to cafe, the owner would certainly be seen as preserving substantial property rights in the current uses possible without a variance. Therefore, a variance does not seem to be supported. 826 4 "' St S Page 3 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. Off street parking generated by a neighboring property can and does impact on adjoining property owners. The question is will the deficit of five additional parking spaces rise to the level of being a substantial detriment. On one hand, the City does not necessarily want to create a situation where homes and business are torn down to make way for parking lots while on the other the City needs to balance the needs and impacts on adjoining property owners. This is an issue the Commission should discuss; however, staff believes it is unlikely that the five spaces themselves will create a substantial detriment. It maybe that the combined effect of the other commercial business in the area may cause the impact to rise to the level of a substantial detriment; however, the City generally does not consider neighboring deficiencies when granting or denying a variance. The authorizing of the variance will not materially impair the purpose and intent of the Comprehensive Plan: ALTERNATIVES The Planning Commission has the following options: 1. Approve the requests in whole or in part. 2. Deny the requests. 3. Continue the request for more information. The 60 day decision deadline for the request is April 16, 2011 and the next Planning Commission meeting is scheduled for April 11, 2011. STAFF RECOMMENDATION Review and discuss the request. attachments: Applicant's letter, form, and building plan LEE STYLOS, PH.D. (651) 343 -5181 809 W. Olive St. —Stillwater, MN 55082 istylos @msn.com February 22, 2011 To Members of the Planning Committee: In December I purchased the commercial building at 826 S. 4 11 street. Originally built in 1912, the building is approved for a mix of uses including office, retail and restaurant. Our plan is to restore the structure as close to the original design when it was Kerney Groceries, which at the time was the Grocery for the south hill and a center of the neighborhood. The front section of the building is in the process of being remodeled as a cafe that will focus on locally sourced food and primarily serve breakfast and lunch. We currently have 12 parking spaces but according to Mike Pogge, for our use, we need 17 spaces. There does not appear any way to add spaces short of buying adjacent homes and removing them to create a parking lot, which we feel is not in the best interest of the local community. We therefore propose that the planning committee allow us to operate with the 12 available spaces and wave the remaining 5 required parking spaces. Although 4 1h and Churchill are extremely busy streets we. as a local cafe, will do everything on our end to lessen the impact of cars parking in adjacent spaces along the street. Our plan is to encourage walking and bicycling to the cafe such as offering discounts on our menu if you walk or bike. Therefore we feel that the 12 spaces we currently have will be sufficient for the current planned use. Sincerely, Lee Stylos S Wate THE B I R T H P L A C E OF M I N N E S O T A > City of Stillwater Notice of Public Hearing Case No. 2011 -05 Property Location: 826 4th Street South ( see map on back. Lee Stylos Request: regulations Lee Stylos MAR - 8 2011 OOMMUN ry DEVELOPMENT The Planning Commission of the City of Stillwater will be considering this case at a public hearing on Monday, March 14, 2011, at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. Notification of public hearings are given to property owner located within 350 feet of 826 4th Street South. Anyone interested is encouraged to attend and will be given an opportunity to be heard. The Planning Commission is an advisory board appointed by the City Council. The members are residents of the City who volunteer to serve on the Commission. One of the duties of the Commission is to review planning applications for conformance with adopted plans, policies and ordinances of the City. Any questions or comments on the above application can be directed to: Bill Turnblad, Community Development Director 216 4th St N Stillwater MN 55082 Phone: 651- 430 -8821 Fax: 651 - 430 -8810 email: bturnblad @ci.stillwater.mn.us Mike Pogge, City Planner 216 4th St N Stillwater MN 55082 651- 430 -8822 651 - 430 -8810 email: mpogge @ci.stillwater.mn.us Please include the property address and the name of the applicant with all correspondence. All application materials are available for review Monday- Friday (except holidays) 8 a.m. to 4:30 p.m. at Stillwater City Hall, 3rd floor, 216 4th St N. A N . P� ,� Michel Pogge From: Zman424 @comcast.net Sent: Wednesday, March 09, 2011 12:44 PM To: Michel Pogge Cc: Doug Menikheim Subject: 826 4th St. S. (Lee Stylos) Parking Variance I am opposed to granting this variance. I've lived in Stillwater my entire life, and this neighborhood for 35 yrs. Some things to consider: This application is extremely untimely. Does the applicant believe his app. will be automatically approved because of the time & money he has already invested in the project? This neighborhood is already over capacity for parking. A duplex @ 810 S 4th, a fourplex @ 817, 3 or 4 apts. above the Bikery, as well as the Bikery, architect offices, Meisters, 2 chair barber shop, Charlsen bldg with second tenant, Be Bumble with tenant upstairs, and single family residences. And now I understand the applicant can rent out or lease the former Servicemaster facility at he rear. That alone was 6 parking spaces for employees. I'd also guess he can rent out the former hair salon & and atty office at the rear of 826 under the "grandfather" clause. If this variance is granted it will affect the neighborhood adversely. Parking in the neighborhood already causes problems with plowing, trash pickup, sweeping, etc. We don't need any more vehicles parked on S 4th St. Let the applicant find "Plan B ". I won't be able to attend the hearing, but thanks for your consideration. Mark Zimmerman 806 South Street Stillwater 439 -9081 MAR - 9 2011 COMMUNITY DEVELOPMENT RESOLUTION NO. 2011- RESOLUTION APPROVING TWO HOUR PARKING ZONE AT INTERSECTION OF CHURCHILL AND 3 RD STREETS WHEREAS, the properties on all four corners of the intersection of Churchill and 3 rd Streets are zoned CA, General Commercial; and WHEREAS, creating regular turnover in the use of the on- street parking spaces in front of the neighborhood business at this intersection would better serve the businesses and the surrounding residential neighborhood; and WHEREAS, the Stillwater Planning Commission recommended at their March 14, 2011 meeting that a limit of two hours be imposed for on- street parking in front of the properties zoned CA, General Commercial at this intersection. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby authorizes placement of signs restricting parking to two hours in front of the businesses in the CA, General Commercial zoning district at the intersection of Churchill and 3 rd Streets. Adopted by the Stillwater City Council this 5 th day of April, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk L der, THE at RTH Pt ACE OF I N9E SOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: March 30, 2011 RE: Parking Deficit Invoicing BACKGROUND Over the past 20 years variances have been conditionally granted for proposed businesses in the Downtown Parking District that generated on -site parking deficits. The condition on these approvals has been that the deficit number of parking spaces must be compensated through the purchase of an equal number of monthly permits to park in City lots. The development of the policy to require monthly permits for deficit parking had its beginnings in a 1996 downtown parking study. The study was commissioned with the intent of exploring the possibility of assessing downtown business for the cost of building public parking as part of a private mixed use project at the location of the Olive Street parking lot. By late 1998 it was clear that there was no support for the assessment and that the private developer could not secure financing for his portion of the project. Consequently, the Parking Commission and City concentrated on improving and maintaining the surface parking lots already in its downtown system. As part of the shift in focus, whenever a new building was proposed downtown, or an existing building planned to increase its demand on off - site parking, the business was either required to build on -site parking or support the City parking lots through the purchase of monthly parking permits for its parking deficit. Payment for the monthly parking permits is done on the "honor system ". Many of the businesses and apartments that are required to pay monthly parking permits do so. Four do not. Of those that do not, the reason may be that properties change hands and new owners might not know of the requirement. REQUEST Whatever the reasons may be for non - payment, staff requests permission to begin sending invoices to businesses that do not pay their monthly parking permit obligations. Any fees owed prior to April 1, 2011 would not be pursued. Further, if the Council directs, staff would explore the creation of an ordinance that would allow delinquent payments to be certified for collection with the properties real estate taxes. bt ORDINANCE 1028 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY ENACTING SOCIAL HOST REGULATIONS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Adding Chapter 43, Liquor, is amended by adding Sec. 43 -5, subd. 2(4) that will read as follows: "(4) It is unlawful for any person to host or allow an event or gathering at any residence, premises, or any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does consume or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person. A person is responsible for violating this law if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. A person does not need to be present at the event or gathering to be in violation of this Ordinance. 2. Saving In all other ways, the City Code will remain in full force and effect. 3. Effective Date This ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 19 day of April, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk (S I l water Now Administration � Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: April 1, 2011 RE: Commission Vacancies Update This memo is intended to provide Council with an update on those Commissions that have completed the annual process, so that new appointees can attend the April commission meetings. Listed below are the Commissions and their recommendations: Expiring New Open positions Name Ward Term Re appt Applicant as of 511111 Downtown Parkin one Kevin LaCasse 1 4th Resigned.._ .............................. ............................... ................ ........................................................................................................ ............................... ...................................... ............................... ........................... ............................ Daren Anderson 4 ..... .............. ........................................................ ........... :.......................................... ............. ................................... ........................ ............... ........................ ....:........................ ................. ................................... . ........................................ _... ...........�__.._._..........., RECOMMENDATION: The Chair and Council Representative recommended that Mr. Anderson be appointed to fill Mr. LaCasse's unexpired term which ends May 1, 2012. This commission is now at full capacity. .. ............................................................................................................................................................................_................................... ....._........................_ ..................... ............. .................. ; April 1, 2011 The information and appointments for the Joint Cable Commission, Traffic Review Committee, and Heritage Preservation Commission will come before Council at the April 19 meeting. ACTION REOUIRED: If in agreement with the above information, Council should pass a motion adopting the attached resolution appointing these applicants to their respective Commissions. /nm 2 /Page Expiring New Open positions Name Ward Term Reappt Applicant as of 5/1/11 Planning Three Charles Wolden ................ ................................................ 1 1 st Resigned . ................ ......................... Mike Dahlquist . ........................ . .... .................. .................... ................................ ................................. ............... ........... .. .............. .. - .............. ........................... ................................ - .............................. . 3 2n Yes ................................... ........ ... ........................ ................ .. ................ ..................... ....... .. ... ............................. . . . . . ........... .. .... ....................................................................... ......................... ............ . Scott Spisak Y I st Full es . ................ ............... .................................................... ............................. Cameron Kelly I . .................. ........... I .......... ........ ...... - ........................ ............................. .................. . .......... ............................... ................................ .......................... . ................................... ............................. . 4 ............................. .. ........................ ... .................... ................. ................................. ............. ............ - . .......................................................... .. ................... ..... .... . ✓ ... ... ........ .......................................... . ........................................ .......................... ...................................................... ............. RECOMMENDATION: The Chair and Council Representative recommended that Messrs. Dahlquist and Spisak be reappointed; and Mr. Kelly be appointed to the Commission. All openings have been addressed. ........................................................ - ................... .............................................. ...................................................... .................................................................................... ......................................... .................. ....................................................... .................................................................... The information and appointments for the Joint Cable Commission, Traffic Review Committee, and Heritage Preservation Commission will come before Council at the April 19 meeting. ACTION REOUIRED: If in agreement with the above information, Council should pass a motion adopting the attached resolution appointing these applicants to their respective Commissions. /nm 2 /Page APPOINTING MEMBERS TO DOWNTOWN PARKING, HUMAN RIGHTS, PARK AND RECREATION AND PLANNING COMMISSIONS NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their April 5, 2011 regular City Council meeting hereby appoints the following: .....................................................................................,......................................................................................... Commission . . . .. ...... . .. . ... . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... Member . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................ .................. .............................. Ward Term .. .... .......... ...................... ..... Term End* Downtown Daren Anderson 4 Filling unexpired term May 1, 2012 Parking ............................................................................................................................................................... ............................... of Kevin LaCasse Human Rights Jean Lifton 2 2nd May 1,_ 2014 Human Rights ........................................ ............................... Donald Hovland ......................... ...........................................:........ 1 ............................... . . ................... ............................... 1 st May 1 2014 Y .... Park & Rec Rob McGarry 2 12th May 1, 2014 Park & Rec David Brandt 4 4th May 1, 2014 Park &Rec ............... Solveg Peterson.........:... 2 . 2 nd...... .............. May 1, 2 01.4 Park & Rec Don Stiff .............................. . 4 1 st ... ............................................................................ May 1, 2014 ............................... Planning .. ............................... .............. . Dahlquist.............. 3 3nd May ............................................... ................... Scott... Spisak .............................. .................... ...................... 1............... ................................... ............................... 2 nd .. ....... ................................. ............................... May ...1_z._�0.1.4............... Planning ................................ ................. Cameron Kelly _. ............. 4 ............................................................................................................................ 1st ............................... May . ._1......_20.14 Adopted by Stillwater City Council this 5th day of April, 2011. Ken Harycki, Mayor ATTEST Larry D. Hansen, Acting City Clerk 1llwa The Birthplace of Minnesota ✓ MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: March 30, 2011 SUBJECT: FLSA Policy on Part -Time Paid Firefighters In 2003, the Fair Labor Standards Act created a policy whereby part-time paid firefighters who were also City employees working 40 hours or more per week, needed to be paid overtime for their hours as a firefighter. This created a City problem as it was and it is very common to have City employees as part-time firefighters. In response to this, the City adopted Resolution 2003 -98, which states that "an employee may not hold a full -time and part-time position within the City simultaneously," but specifically exempted two employees that were affected. With the recent hiring of Brad Junker as a full -time CSO, we now have an additional employee in this situation as he is also a part -time firefighter. If we are forced to follow the current policy, we will lose a valuable firefighter with over $10,000 worth of training (see Fire Chief Glaser's memo attached). I think the policy is generally a good policy and should remain. I would suggest that Mr. Junker be specifically exempted as we did with the prior two employees. RECOMMENDATION: Exempt Brad Junker from the provision of Section 3.3 of the City Personnel Policy forbidding the simultaneous holding of full and part-time positions. /nm s` Memo To: Larry Hansen, City Administrator From Stuart W. Glaser, Fire Chief Date: March 4, 2011 Re: Personnel Policy Revision I have been informed by Chief Gannaway of the Police Departments intention of hiring Mr. Brad Junker to the position of full -time Community Service Officer within the Stillwater Police Department. As you know, Mr. Junker is currently a paid-on -call firefighter with the City and has had an exemplary career with the F.D. for several years. I congratulate Mr. Junker for seeking full -time employment with the City and his commitment to public service. However, this action has placed the F.D. in a position of potentially losing an experienced, highly trained and respected individual from the Fire Department The conflict arises due to the current adopted Personnel Policy Section 3-3 Recruitment and Selection: An employee may not hold a full -time and part-time position within the City simultaneously. Employees holding two simultaneous positions prior to May 6, 2003 may continue to be employed in both positions. (p. 7, pp4). This policy severely limits the F.D.'s ability to retain and maintain high quality, proven, dependable employees for the City of Stillwater. I would respectfully ask that this provision be amended to exclude paid- on-call fire personnel from this requirement I would also request Mr. Junker and any future full - time City employees are provided the opportunity to work both in a full -time and in a paid- on-call fire position for the City. The benefits of having individuals cross trained far outweigh the potential financial implications the City may experience. City has invested well over $10,000.00 in hiring, training and employing Mr. Junker for the Fire Department over the past several years. Mr. Junker is close to being promoted to the position of Firefighter /Engineer enabling him to drive and operate fire apparatus. This is a significant commitment of personnel and an extremely important role for the Department. The Department is in dire need of qualified Firefighter/Engineers and losing Mr. Junker will create another position gap to be filled. 2. Removing Mr. Junker from the F.D. will create another paid -on -call vacancy the F.D. would have to fill. Currently the F.D. has 3 vacancies, if Mr. Junker is forced to leave it will be 4 and 1 anticipate up to 3 more vacancies in the near future. Replacing and training 7 or more paid -on -call personnel will be expensive and leave the Department with very young and inexperienced personnel. 3. The cost of replacing paid -on -call personnel is approximately $7,000.00 per position depending on experience and training when hired. Mr. Junker's salary in 2010 was less than $4,000.00 for his paid -on -call position. It will cost the City more to hire the position than to retain Mr. Junker even if overtime will need to be paid. 4. Other City's do not limit the employment of full -time and paid -on -call firefighters. The City of New Brighton currently has several paid -on -call firefighters who are full -time licensed police officers. 5. Cross training and utilizing the skills and experience of all of our City personnel is fiscally responsible and makes sense. Please consider amending this personnel policy requirement as requested. 1 believe it is in the best interest for the City during this financially difficult time and the future viability of the Fire Department. /swg • Page 2 e ` RESOLUTION 2003 -98 AMENDING SECTIONS 3- 3,13 -3, and 14 -8 AND ADDING SECTION 14 -10 OF THE PERSONNEL POLICY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Sections 3 -3, 13 -3, and 14 -8 and the addition of Section 14 -10 of the Personnel Policy shall be amended to read as follows: SECTION 3 -3 RECRUITMENT AND SELECTION All appointments shall be made according to job - relevant qualifications, merit and fitness as determined by the City Council or City Administrator. The basic recruitment and selection policies of the City are to take whatever measures necessary to seek out and to encourage properly qualified individuals to apply for positions and to provide assurance that the best qualified applicants are properly inducted into municipal service. Competition for positions shall be open to all applicants who meet the qualifications established for the class of position for which application is made. No person shall in any way be favored or discriminated against because of race, color, creed, age, marital status, sex, political opinion or affiliation, disability, sexual orientation, or welfare assistance status. In making a selection among candidates to fill vacancies, the City may use written, oral or performance tests, an evaluation of training and experience, or any combination of these. Investigations of background, character, education, experience or physical fitness may also be required. AW An employee may not hold a full -time and part-time position within the City simultaneously. Employees holding two simultaneous positions prior to May 6, 2003 may continue to be employed in both positions. Appointment to a position in the City shall not be construed to be a property right of the employee. All employees are appointed by and serve at the sole discretion of the City Council or City Administrator. SECTION 13 -3 PROPERTY DAMAGE REPORTING An employee involved in an incident that results in damage to City property or any other property during the course of conducting City business, must submit a report of the incident to their Supervisor within twenty-four (24) hours of the occurrence. Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report. SECTION 14-8 TRAVEL Employees shall receive prior approval from their supervisor and/or Department Head for all conferences and training. The Department Head shall make a recommendation to the City Administrator for an employee's attendance at all out -of -state conferences or training. Employees that have been employed for six months or longer are eligible for out -of -state travel... In the event that attendance at a conference or training, in or out of state, would generate overtime, the employee and their supervisor, prior to the employee's attendance, shall arrange the employee's schedule so that no overtime or compensatory time is generated as a result of attendance. Full -time Fire Department employees working 24 -hour shifts may, due to the nature of their schedules, generate overtime for attendance at a conference or training, with the prior approval of the Department Head or their designee. Voluntary attendance at a conference or training outside of scheduled hours is not compensable, even if the course is directly related to the employee's job or paid for by the City. If an employee chooses to arrive earlier or leave later than the time required for City business, the employee shall use vacation or compensatory time for the additional time. Employees shall be reimbursed for all reasonable expenses incurred when traveling on City business only upon authorization by the Department Head and approval of such expenses by the City Council. In order to receive reimbursement, the employee shall complete the appropriate claim form, along with receipts, and submit to the Department Head for consideration and approval. Reasonable traveling expenses include: Mileage reimbursement. When an employee uses their own vehicle, mileage is reimbursed at the IRS established rate per mile. Employees with access to City vehicles shall use them instead of driving a personal vehicle. Airfare. Coach airline tickets when it is more economical to fly than drive. Lodging. Hotel expenses shall be reimbursed for the actual cost, not to exceed the single occupancy rate. Lodging expenses will not be reimbursed for activities held within the Twin Cities Metropolitan Area or within a 75 mile radius of the City of Stillwater, unless a recommendation is made by the Department Head and approved by the City Administrator, prior to travel. Meals. Reasonable meal expenditures. Misc. Reimbursement of telephone calls and similar miscellaneous expenses shall be limited to those directly connected to carrying out official City business. Travel or air insurance premiums are not reimbursable. Employees that are employed both part-time in the Fire Department and full -time in another City department, shall not leave their full -time positions during their regularly scheduled work hours to respond to an emergency incident in .the Fire Department unless they are requested by a Chief Officer, Officer in charge of the station, or the Incident Commander. Part-time Fire Department employees that are requested by a Chief Officer, Officer in charge of the station, or the Incident Commander to respond to an emergency incident during the regularly scheduled work hours of their full -time position shall notify their full -time supervisor of the request to respond. The full -time supervisor has the authority to approve or deny the employee's leave of their full -time duties, based on the needs of both departments. An employee authorized to respond to the Fire Department during their regularly scheduled full - time work hours shall be compensated at their full -time wage for hours that coincide with their regularly scheduled full -time work hours. The employee is not eligible to receive their part -time Fire Department wage for these hours. In the event that part -time Fire duties begin or end outside the employees regularly scheduled full -time work hours, the employee will be paid their, wage as a part-time Fire Department employee for those hours. In all other ways, the City's Personnel Policy shall remain in full force and erect. Adopted by the City Council this 6 day of May 2003. ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: March 29, 2011 Subject: Public Works Employee Replacements BACKGROUND In the past two months, two Public Works employees, Gary Fullerton and Robert Bartkey have retired from city employment. Gary's last day was on January 14 and Bob's was February 28 Both of these employees each had over 35 years of service to the City of Stillwater and were dependable, responsible, consciences employees, who were able to work alone and in a team setting. The work ethic they brought every day, the knowledge of the city, and the skills they gained through their 35 years of service will be greatly missed. Their retirements will be the second and third departures of a maintenance worker in Public Works over the last three years. This brings the staffing of the department down to 16 employees from 19 in 2008. DISCUSSION The loss of Gary and Bob will significantly impact the operations of the Public Works. Gary's departure impacts the City in two main areas, street sweeping and snow plowing. Gary averaged 1100 hours in a sweeper over the past two years or 60% of his annual working hours and was assigned one of the eleven plow routes in the City. He also assisted with the downtown snow removal. Bob's departure impacts operations in the Parks department. He spent his time equally between mowing parks and trails, winter maintenance, (snow shoveling, rink maintenance) and on general facilities maintenance and repair which consists of ball field maintenance, bathroom repair /cleaning, trash pickup, painting, playground, hard surface, trail and shelter repair and maintenance. Even without the loss of Gary and Bob, completing the workload in the core services of streets sewers and parks has been difficult. Mandates from other government agencies, such as our Municipal Separate Storm Sewer System (MS4) program, I/ I reduction, street and traffic sign replacement program, combined with newer park amenities and annexation are all added services and it is becoming more difficult to keep up with the routine maintenance. Gary and Bob's years of experience combined with the knowledge of the daily operations in the department meant they required little or no work direction. Replacing the duties they performed with current staff would require taking staff away from another department which means that other work would be delayed or simply would not get done. In any case, this would result in decreased output and efficiency in the departments. For instance, Gary spent spring, summer and fall street sweeping. To fill this role we would have to either decrease the amount of sweeping hours performed in the City, which would have a negative effect on water quality and overall appearance of the City or we would fill the role by another in the department which would mean less street repairs, less park maintenance, etc. would be completed. Gary's snow plow route would be performed by another employee, and take away the department's flexibility for scheduling during snow events, which would result in longer snow plowing times. The loss of Bob in the parks department means one less person available for turf maintenance, rink flooding, or sidewalk shoveling. Park maintenance would be faced with scheduling issues and would require the shifting of manpower for the upkeep of the parks, which is critical all year round. It is proposed that the two positions be replaced. This would assure that the level of service from the Public Works Department will not be affected. Replacing the two positions with two new hires would have a positive effect on the budget. The salaries for these positions come from two different sources, Stormwater Utility Fund and the Parks Fund. The storm water utility fund is paid through user fees and does not affect the general budget. The Parks Fund is a special revenue fund, which is funded through the general budget. Replacing the positions would have total cost savings of about $12,000 per year, since both would be an entry level position. Public Works is requesting authorization to hire two new maintenance workers. These two positions would be entry level positions and would be based by need in the Department. Staff would like to have the positions filled prior to the busy summer season. W MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: March 28, 2011 Re: Hiring of seasonal employees This is a request to hire two seasonal employees in the Public Works Department for the summer months, May through August. The seasonal employees will work in the sewer department, assisting with maintenance of lift stations, repairing manhole castings, repairing damaged or failing catch basin manholes. Depending on need they will assist in the Streets and Parks Department with park cleanup, and street patching. Another duty of the seasonal workers is to be available to work weekends and evenings at Teddy Bear Park and Washington Square Park where increase usage requires staffing for general cleaning and building reservations. Using the seasonal workers for this particular duty reduces the amount of overtime for the full -time employees. Hiring of summer interns may be more critical this year, with cleanup of the downtown parks form the floods regular spring maintenance will be behind schedule and additional help will be able to assist with this maintenance. For 2011, $14,000 is budgeted for seasonal employees and would be funded through sewer fund. Seasonal employees are paid $11.00 per hour. A RESOLUTION SUPPORTING THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PURCHASE OF THE MINNESOTA ZEPHYR RAILROAD LINE FOR THE BROWNS CREEK STATE TRAIL WHEREAS, in 2007, the Minnesota Legislature designated the Minnesota Zephyr Corridor as the potential site of the Browns Creek State Trail, a segment of Willard Munger State Trail; and WHEREAS, the Minnesota Department of Natural Resources (DNR) has obtained the exclusive right and option to purchase the former Minnesota Zephyr railroad line; and WHEREAS, the DNR intends to convert the railroad line to a 6.5 mile recreational trail connecting downtown Stillwater to the Gateway Trail; and WHEREAS, the trail is expected to heavily used and to be a great benefit to the City of Stillwater; and WHEREAS, the City of Stillwater's Comprehensive Plan states that the City will continue to working with the state of Minnesota and Washington County for the development of Brown's Creek State Trail; and THEREFORE, BE IT RESOLVED by the Stillwater City Council that it supports the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad line for the Browns Creek State Trail; FURTHER, BE IT RESOLVED, that the Stillwater City Council request State Legislators that represent the City of Stillwater support the requested purchase; FURTHER, BE IT RESOLVED that copies of this resolution be forwarded to the State Legislators that represent the City of Stillwater. Adopted by the City Council this 5 Day of April 2011. ATTEST Ken Harycki, Mayor Larry D. Hansen, Acting City Clerk BOND RESOLUTION CITY OF STILLWATER TAX INCREMENT REFUNDING NOTES OF 2011 TERRITORIAL SPRINGS, LLC PROJECT SERIES 2003 and 2004 ADOPTED: APRIL 5, 2011 This agreement was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439 -9464 RESOLUTION NO. 2011- A RESOLUTION AMENDING RESOLUTION N0.2003 -230, AND RESOLUTION NO. 2004-188, A RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003, AND A TAXABLE TAX INCREMENT REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2004 BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota (the "City "), as follows: SECTION 1. RECITALS 1.01. Authorization The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124 - 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 10 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174 - 469.179, as amended (the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District and the Development District. SECTION 2. BONDS 2.01 Bonds Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City determined that it was in the best interests of the City that it issue and sell a Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003 in an original principal amount of $3,255,000, and (Territorial Springs, LLC Project), Series 2004 in the original principal amount of $2,923,000.00, (collectively the "Notes "), for the purpose of financing certain capital and administration costs of the TIF District. SECTION 3. ISSUANCE, SALE AND TERMS OF THE NOTES. 3.01 Issuance of Notes The Notes were issued in accordance with that certain Contract For Private Redevelopment between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer ") dated August 19, 2003, as amended (the "Agreement "). Dougherty Funding LLC (the "Remarketing Agent ") was retained to arrange the sale of interests in the Notes and pursuant to a Participation Agreement and various participants have purchased and hold undivided interests in the Notes. SECTION 4. PAYMENT AND GUARANTORS 4.01 Payment of principal and interest on the Notes is payable exclusively from certain tax increments derived from Phase I and Phase II of the Project, and payment of principal of and interest on the Notes, and the purchase price of the Notes on the Purchase Dates, is guaranteed, jointly and severally, by David Frauenshuh, Brian Sweeney, Gary Lindstrom, Randy McKay and Richard Wicka (the "Guarantors "), pursuant to Guaranty Agreements, dated as of December 1, 2003, and September 1, 2004, respectively. SECTION 5. MANDATORY TENDER DATE 5. The Notes were subject to mandatory tender for purchase on February 1, 2010 ( the "Purchase Date "). The purchase price of the Notes on the Purchase Date was equal to the then outstanding principal amount of the Notes plus accrued interest to the Purchase Date (the "Purchase Price "). SECTION 6. REFUNDING The City Council (the "City ") has determined that it is necessary and expedient that money be provided for a refunding of the Notes that were subject to the purchase Date of February 1, 2010. SECTION 7. ACCEPTANCE OF THE OFFER The Offer of Territorial Springs, LLC, a Minnesota limited liability company (the "Purchaser "), to purchase in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefore the sum of plus interest accrued from February 1, 2010 to settlement, is hereby accepted. SECTION 8. AUTHORIZED AMOUNT AND FORM OF NOTES The Notes issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof. The Notes shall be in substantially the form set forth in Exhibit A.1 and A.2 (the "Refunding Notes "). 8.1. THE REFUNDING NOTES. The Refunding Notes shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to other terms and conditions as are set forth therein. 8.2 EXECUTION. The Refunding Notes shall be executed on behalf of the City by the signatures of its Mayor and Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Refunding Notes shall cease to be such officer before the delivery of the Refunding Notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act -2- in their behalf, shall without further act or authorization of the City Council execute and deliver the Refunding Notes. following: 8.3 DELIVERY OF NOTES. Before delivery of the Refunding Notes, there shall be filed with the City the (1) An executed copy of each of the following documents: (A) the Guarantee attached as Exhibit "D" (B) a Certificate of Termination of the Remarketing Agreement attached as Exhibit E ". 8.4 DISPOSITION OF NOTE PROCEEDS. Upon delivery of the Notes, the Developer shall on behalf of the City, advance funds to current holders of the Notes and holders of any Participating Interests in the Notes to satisfy and redeem the Notes. All Note proceeds shall be immediately advanced and no Note proceeds shall be invested. EFFECTIVE DATE The Resolution is effective February 1, 2011, nunc pro tunc. SAVING: In all other ways Resolutions 2003 -230 and 2004 -188 remain in full force and effect, as well as the Agreement (already defined in 3.01), and the Covenant of the City to issue tax exempt revenue Bonds to refund the Refunded Notes pursuant to Section §3.8(E) of the Agreement. Enacted by the City Council of the City of Stillwater this 5th day of April, 2011. ATTEST: "I99 e lilaa Diane Ward, City Clerk Ken Harycki, Mayor -3- EXHIBIT A -1 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT AMENDED REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT) SERIES 2003 $3,255,000 REGISTERED OWNER: TERRITORIAL SPRINGS, LLC This agreement was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439 -9464 EXHIBIT A -1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No. R -1 $3,255,000 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT REFUNDED REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2003 Interest Rate Maturity Date Date of Original Issue 6.25 % February 1, 2030 December 10, 2003 and Amended August 1, 2008, and further Amended August 1, 2009, and as Refunded February 1 st, 2011 Registered Owner: TERRITORIAL SPRINGS, LLC The City of Stillwater, Minnesota (the "City "), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner "), but solely from the Available Tax Increments (defined below) the principal sum of $3,255,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Pavments Interest shall accrue on this Note from the Date set forth above at the interest rate set forth above payable first on August 1, 2011 and each August 1 and February 1 thereafter (the "Payment Dates "). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 4 of this Note. In the event the Available Tax Increment, as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section 6 hereof; or (c) February 1, 2030. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment Payments on this Note are payable on each Payment Date solely from the Available Tax Increment. As defined in the Contract For Private Redevelopment, dated as of August 19, 2003 (the "Agreement") between the City and Territorial Springs, LLC, a Minnesota limited liability company (the "Developer "), the term "Available Tax Increment" means, on each Payment Date, 95% of the tax increment actually received in the six months preceding each Payment Date from the property legally described in Exhibit A hereto (the "Redevelopment Property "), and received by the City in the six months preceding the Payment Date. The Registered Owner acknowledges that the Tax Increment District includes properties other than the Redevelopment Property, and that the County remits Tax Increments to the City on the basis of the Captured Tax Capacity of the entire Tax Increment District. Consequently, the City will need to determine the amount of Available Tax Increments received from the entire Tax Increment Financing District that are properly allocable to the Redevelopment Property. The Registered Owner acknowledges and agrees that the Available Tax Increments allocable to the Redevelopment Property, if the Developer has paid the property taxes on the Redevelopment Property in accordance with law, will be calculated by the City by determining the Captured Tax Capacity of the Redevelopment Property and the percentage that such Captured Tax Capacity of the Redevelopment Property bears to the total Captured Tax Capacity of the Tax Increment Financing District excluding parcels on which taxes are delinquent (the "Developer's Percentage "). The Available Tax Increment allocated by the City to the Redevelopment Property will be equal to the total Available Tax Increments received by the City from the Tax Increment Financing District multiplied by the Developer's Percentage. The Registered Owner acknowledges that the amount of Available Tax Increments that are determined by the City to be properly allocable to the Redevelopment Property could be less than the property taxes paid by the Developer on the Captured Tax Capacity of the Redevelopment Property as a result of decreases in valuation of other properties in the Tax Increment District to a valuation that is less than that upon which the original tax capacity was based. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of the Available Tax Increment and capitalized interest. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. -2- The City makes no warranty or representation that the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Redemption of Note This Note maturing on February 1, 2030, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: Redemption Date Principal Amount Redemption Date Principal Amount August 1, 2011 $34,000 February 1, 2021 75,000 February 1, 2012 36,000 August 1, 2021 78,000 August 1, 2012 37,000 February 1, 2022 81,000 February 1, 2013 40,000 August 1, 2022 84,000 August 1, 2013 41,000 February 1, 2023 87,000 February 1, 2014 43,000 August 1, 2023 90,000 August 1, 2014 44,000 February 1, 2024 93,000 February 1, 2015 47,000 August 1, 2024 97,000 August 1, 2015 48,000 February 1, 2025 101,000 February 1, 2016 51,000 August 1, 2025 104,000 August 1, 2016 53,000 February 1, 2026 108,000 February 1, 2017 55,000 August 1, 2026 112,000 August 1, 2017 57,000 February 1, 2027 116,000 February 1, 2018 60,000 August 1, 2027 120,000 August 1, 2018 62,000 February 1, 2028 124,000 February 1, 2019 65,000 August 1, 2028 129,000 August 1, 2019 67,000 February 1, 2029 133,000 February 1, 2020 69,000 August 1, 2029 138,000 August 1, 2020 72,000 February 1, 2030* 142,000 * Maturity 5. Optional Redemption of Note This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100 %) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date on or after August 1, 2011 from the Available Tax Increment in excess of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) on any date on or -3- after August 1, 2004, from the proceeds of any refunding obligation of the City issued to refund this Note. 6. Termination Except as otherwise provided in Section 10.2.6 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 10.1 of the Agreement. 7. Nature of Obligation This Note was issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes Sections 469.124 through 469.134, as amended, and is issued pursuant to authorizing resolutions (the "Resolutions ") duly adopted by the City on October 28, 2003, and on April 5, 2011, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolutions. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 8. Registration and Transfer This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred, nor may a participation interest in this Note be given pursuant to any participation agreement, to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor or transferee, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Notwithstanding anything to the contrary contained herein, the City hereby consents to the assignment and pledge by the Registered Owner of this Note to U.S. Bank National Association (the "Lender ") to secure certain obligations of the Registered Owner to the Lender until otherwise directed to do so by the lender, all payments of principal and accrued interest hereunder shall be paid to the Lender at 800 Nicollet Mall, a id Floor, BC- MN -HocA, -4- Minneapolis Minnesota 55402, or at such other locations may be provided by the Lender to the City in writing. 9. Additional Oblijzations The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) -5- IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be.executed with the manual, or facsimile signatures of its Mayor and City Clerk, all as of the Date of Amendment specified above. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Signature of City Clerk Territorial Springs, LLC (The remainder of this page is intentionally left blank.) S -1 Exhibit A -1 Legal Description of Redevelopment Property Lot One, Block One and Lot One, Block Two, Lot Three, Block Two, Terra Springs according to the plat thereof, Washington County, Minnesota. A -1 EXHIBIT A -2 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT AMENDED REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT) SERIES 2004 $2,923,000 REGISTERED OWNER: TERRITORIAL SPRINGS, LLC This agreement was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439 -9464 EXHIBIT A -2 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No. R -1 $2,923,000 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT AMENDED REVENUE NOTE (TERRITORIAL SPRINGS, LLC PROJECT), SERIES 2004 Interest Rate Maturity Date Date of Original Issue 6.25% February 1, 2030 September 15, 2004, amended August 1, 2007, further amended August 1, 2008, and further amended August 1, 2009, and as Refunded February 1, 2011 Registered Owner: TERRITORIAL SPRINGS, LLC The City of Stillwater, Minnesota (the "City "), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered . Owner "), but solely from the Available Tax Increments (defined below) the principal sum of $2,923,000 (or such lesser aggregate of the principal amounts of this Note which shall have been advanced by the Registered Owner and duly recorded on the Principal Ledger attached to and made a part of this Note) and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments Interest shall accrue on said advanced and unpaid principal amounts of this Note from the date set forth above, at the interest rate set forth above, payable first on February 1, 2011 and each August 1 and February 1 thereafter (the "Payment Dates "). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 4 of this Note. In the event the Available Tax Increment, as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section 6 hereof; or (c) February 1, 2030. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment Payments on this Note are payable on each Payment Date solely from the Available Tax Increment as defined in the Contract For Private Redevelopment, dated as of August 19, 2003 as amended pursuant to the Addendum No. 1, dated as of June 15, 2004 and as further amended, (the "Agreement ") between the City and the Developer, the term "Available Tax Increment" means, on each Payment Date, 95% of the tax increment actually received in the six months preceding each Payment Date from the property legally described in Exhibit A hereto (the "Redevelopment Property "), and received by the City in the six months preceding the Payment Date. The Registered Owner acknowledges that the Tax Increment District includes properties other than the Redevelopment Property, and that the County remits Tax Increments to the City on the basis of the Captured Tax Capacity of the entire Tax Increment District. Consequently, the City will need to determine the amount of Available Tax Increments received from the entire Tax Increment Financing District that are properly allocable to the Redevelopment Property. The Registered Owner acknowledges and agrees that the Available Tax Increments allocable to the Redevelopment Property, if the Developer has paid the property taxes on the Redevelopment Property in accordance with law, will be calculated by the City by determining the Captured Tax Capacity of the Redevelopment Property and the percentage that such Captured Tax Capacity of the Redevelopment Property bears to the total Captured Tax Capacity of the Tax Increment Financing District excluding parcels on which taxes are delinquent (the "Developer's Percentage "). The Available Tax Increment allocated by the City to the Redevelopment Property will be equal to the total Available Tax Increments received by the City from the Tax Increment Financing District multiplied by the Developer's Percentage. The Registered Owner acknowledges that the amount of Available Tax Increments that are determined by the City to be properly allocable to the Redevelopment Property could be less than the property taxes paid by the Developer on the Captured Tax Capacity of the Redevelopment Property as a result of decreases in valuation of other properties in the Tax Increment District to a valuation that is less than that upon which the original tax capacity was based. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of the Available Tax Increment and capitalized interest. The City 902 shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date.. The City makes no warranty or representation that the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Redemption of Note This Note maturing on February 1, 2030, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: Redemption Date Principal Amount Redemption Date Principal Amount August 1, 2011 $30,000 February 1, 2021 $68,000 February 1, 2012 32,000 August 1, 2021 71,000 August 1, 2012 33,000 February 1, 2022 74,000 February 1, 2013 35,000 August 1, 2022 77,000 August 1, 2013 36,000 February 1, 2023 80,000 February 1, 2014 38,000 August 1, 2023 83,000 August 1, 2014 40,000 February 1, 2024 86,000 February 1, 2015 42,000 August 1, 2024 89,000 August 1, 2015 43,000 February 1, 2025 92,000 February 1, 2016 45,000 August 1, 2025 96,000 August 1, 2016 47,000 February 1, 2026 99,000 February 1, 2017 50,000 August 1, 2026 103,000 August 1, 2017 51,000 February . 1, 2027 107,000 February 1, 2018 54,000 August 1, 2027 111,000 August 1, 2018 56,000 February 1, 2028 115,000 February 1, 2019 58,000 August 1, 2028 119,000 August 1, 2019 60,000 February 1, 2029 123,000 February 1, 2020 63,000 August 1, 2029 128,000 August 1, 2020 65,000 February 1, 2030* 132,000 * Maturity 5. Optional Redemption of Note This Note shall be subject to redemption upon 30 days prior written notice, in whole or in part, at a redemption price of one hundred percent (100 %) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date on or after August 1, 2011 from the Available Tax Increment in excess of the -3- Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) on any date on or after February 1, 2011, from the proceeds of any refunding obligation of the City issued to refund this Note or otherwise at the option of the City. 6. Termination Except as otherwise provided in Section 10.2.6 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 10.1 of the Agreement. 7. Nature of Obli ag tion This Note was issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to authorizing resolutions (the "Resolutions ") duly adopted by the City on September 15, 2004, and on April 5, 2011, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolutions. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 8. Registration and Transfer This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred, nor may a participation interest in this Note be given pursuant to any participation agreement, to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor or transferee, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Notwithstanding anything to the contrary contained herein, the City hereby consents to the assignment and pledge by the Registered Owner of this Note to U.S. Bank National Association (the "Lender ") to secure certain obligations of the Registered Owner to the Lender. Until otherwise directed to do so by the Lender, all payments of principal and accrued interest -4- hereunder shall be paid to the Lender at 800 Nicollet Mall, 3` Floor, BC- MN -H03A, Minneapolis Minnesota 55402, or at such other locations may be provided by the Lender to the City in writing. 9. Additional Obligations The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) -5- IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed.with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Amendment specified above. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Originally on September 15, 2004, as amended August 1, 2007 and as amended August 1, 2008, and as amended August 1, 2009, and Refunded February 1, 2011 Registered Owner Territorial Springs, LLC Minneapolis, Minnesota Signature of City Clerk (The remainder of this page is intentionally left blank.) S -1 Exhibit A -2 Legal Description of Redevelopment Property Lot Two, Block Two and Lot One, Block Three, Terra Springs according to the plat thereof, Washington County, Minnesota. A -1 EXHIBIT B AFFIRMATION OF GUARANTY BETWEEN CITY OF STILLWATER, MINNESOTA i\ I TERRITORIAL SPRINGS, LLC Dated as of March 2011 This agreement was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439-9464 EXH1RIT R AFFIRMATION OF GUARANTY 1. A Guaranty, dated as of December 1, 2003 (the "Guaranty ") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner ") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2003, in the original aggregate principal amount of $3,255,000, issued by the City of Stillwater, Minnesota (the "City "), dated as of October 28,2003 (the "Note "), pursuant to Resolution No. 2003 -230 of the City dated as of October 28,2003 (the "Resolution"). 2. A Guaranty, dated as of September 1, 2004 (the "Guaranty ") was made to induce Dougherty Funding, LLC, a limited liability company under the laws of the State of Delaware, and its successors and assigns including any future registered owners of the Note (defined below) (collectively or individually, the "Registered Owner ") to purchase the Taxable Tax Increment Revenue Note (Territorial Springs, LLC Project), Series 2004, in the original aggregate principal amount of $2,923,000, issued by the City of Stillwater, Minnesota (the "City "), dated as of September 15, 2004 (the "Note "), pursuant to Resolution No. 2004 -188 of the City dated as of September 15, 2004 (the "Resolution "); (collectively, "the "Guarantee. ") 3. At the request of U.S. Bank National Association as Lender, the City will consider adopting a Resolution authorizing the Refunding of the Notes on the condition that the Guaranty remain in effect and that the Refunding not be considered a waiver by the Holders of a Note, the Lender or any other party benefited by the Guarantee of a right to act pursuant the Guaranty. 4. The Guarantors, therefore, by this instrument and to induce the City to enact its Refunding Resolution and hereby affirm the Guaranty as if restated verbatim and acknowledge and agree that the increase in the interest rate and extension of the Refunding shall not be considered a waiver by the Holders of a Note or any other party benefited by the Guarantee of a right to act pursuant to the Guarantee. IN WITNESS WHEREOF, this Affirmation of Guaranty has been duly executed by the Guarantors as of this day of August, 2011. David Frauenshuh Brian Sweeney Gary Lindstrom Randy McKay Richard Wicka -2- EXHIBIT C TERMINATION OF REMARKETING AGREEMENTS Between THE CITY OF STILLWATER, MINNESOTA And TERRITORIAL SPRINGS, LLC And DOUGHERTY FUNDING LLC This agreement was drafted by Dave T. Magnuson, #66400 Magnuson Law Firm 324 South Main Street, Suite 260 Stillwater, MN 55082 651/439 -9464 TERMINATION OF REMARKETING AGREEMENT A REMARKETING AGREEMENT, dated as of December 1, 2003 (the 2003 Remarketing Agreement), and a Remarketing Agreement dated as of September 4th, 2004, (the "2004 Remarketing Agreement ") (collectively the Remarketing Agreements) made by and between the CITY OF STILLWATER, MINNESOTA, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (the "City "), TERRITORIAL SPRINGS, LLC, a Minnesota limited liability company organized under the laws of the state of Minnesota (together with its successors and assigns, the "Developer "), and DOUGHERTY FUNDING LLC, as remarketing agent (together with its successors and assigns, the "Remarketing Agent "), are hereby terminated by this instrument effective upon the issuance of the Refunding Notes. The City and the Developer both waive the right to the notice of their intent to terminate the Remarketing Agreements contained in Section 12(b) of the Remarketing Agreements. IN WITNESS WHEREOF, the parties have executed this Termination of Remarketing Agreement by their duly authorized officers as of the day and year written above. CITY OF STILLWATER, MINNESOTA :A Ken Harycki, Mayor Diane Ward, City Clerk TERRITORIAL SPRINGS, LLC go Its DOUGHERTY FUNDING, LLC as Remarketing Agent Its 3 ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN that the 2011 Open Book Meetings for owners of property located in the City of Stillwater in Washington County, Minnesota, will be held at the following locations. Cottage Grove City Hall on Thursday, the 7th of April 2011, 5:00 p.m. — 7:00 p.m. Oakdale City Hall on Wednesday, the 13th of April 2011, 5:00 p.m. — 7:00 p.m. Woodbury City Hall on Thursday, the 21st of April 2011, 5:00 p.m. — 7:00 p.m. Washington County Government Center — Stillwater Wednesday, the 27th of April 2011, 2:00 — 7:00 p.m. These meetings are held for the purpose of reviewing and correcting the assessment of said Real Estate for the year 2011. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at any of the above mentioned meetings, and show cause of having such assessment corrected. No complaint that another is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under my hand this 15`" day of March, 2011 XL z r Clerk of the City of Stillwater t wa ter 7 H E B f F . i fi P i . A is 0 i M i M N E S J `R Memo Community Development Department To: City Council From: Michel Pogge, City Planner t� Date: March 25, 2011 Re: Census Population and Housing Counts Message: On March 16, 2011, the US Census Bureau released the first of a series of data sets from the 2010 Census. As data from the 2010 Census is release staff will continue to update the Council. The first set of data included population, race, and housing counts down to the Block level for the entire State of Minnesota. This data, which is called "Public Law 94 -171 data ", is the same data that will be used by each state and local jurisdictions to complete redistricting. Stillwater's 2010 population is officially 18,225 people an increase of 18.94% over our 2000 population of 15,323 people. In 2010, the City had a total of 7,926 housing units an increase of 27.84% over the 5,797 housing units from 2000. The data shows that the City is experiencing faster growth in the number of new housing units then compared to general population growth. There are two likely factors for this. First is the average household size has been projected for years to be on a downward trend, which means a community will need a more housing units just to accommodate an unchanged population. The current Census data does include the average household size, which should be release in May of this year. The second factor is the number of vacant housing as a percentage has increased for the City. This trend also holds true for the comparison cities and is likely attributable to the current economic situation that we experienced over the past several years. From the desk of... Michel Pogge, AICP . City Planner - City of Stillwater . 216 N. 4 11, Street - Stillwater, MN 55082 651.430 -8822 -Fax: 651.430 -8810 -email: mpogge@ci.stillwater.mn.us Vacant Housing Units Y Looking further at the data, the Census Bureau also released data for population and housing counts for each of the City's current Wards. The Census data shows a higher concentration of the vacant housing units in Ward 2 than compared to the other wards in the City. One area that could be affecting this is the three condominium projects built since the last Census located in Downtown which are located in Ward 2. Staff completed a scenario where the two census blocks that contain the three condominium developments were excluded from the Ward 2 numbers. This resulted in the number of vacant units going from 252 units (or 12.3% of all of the housing units) down to 141 units (or 8.3% of all of the housing units). Even with removing the blocks that contain the condominium developments from the Ward 2 number, the rate of vacant housing units in Ward 2 is nearly double the vacant housing rate compared to the other three wards. From the desk of... Michel Pogge, AICP - City Planner - City of Stillwater - 216 N. 4 11, Street - Stillwater, MN 55082 651.430 -8822 -Fax: 651.430 -8810 -email: mpogge @ci.stillwater.mn.us 2010 Census Numbers W Source: US Census Bureau P,opulat�an " # of Hod.. Ur it :< c pied �" lJt t� , ", v4p Minnesota 5,303,925 2,347,201 2,087,227 259,974 11.1% Congressional District 1 644,787 277,382 256,361 21,021 7.6% Congressional District 2 732,515 283,583 268,291 15,292 5.4% Congressional District 3 650,185 270,976 256,307 14,669 5.4% Congressional District 4 614,624 262,437 245,586 16,851 6.4% Congressional District 5 616,482 286,697 265,321 21,376 7.5% Congressional District 6 759,478 292,859 273,605 19,254 6.6% Congressional District 7 625,512 307,253 252,778 54,475 17.7% Congressional District 8 660,342 366,014 268,978 97,036 26.5% Washington County 238,136 92,374 87,859 4,515 4.9% Stillwater 18,225 7,576 7,075 501 6.6% Stillwater W -1 3,862 1,629 1,543 86 5.3% Stillwater W -2 4,174 2,048 1,796 252 12.3% Stillwater W -3 4,595 1,682 1,614 68 4.0% Stillwater W -4 5,594 2,217 2,122 95 4.3% Stillwater W -2 (without blocks 1052 & 1058) 3,742 1,692 1,551 141 8.3% W Source: US Census Bureau Source: US Census Bureau 4 Comparison Cities for the City of Stillwater STI LLWATER AREA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 834 March 15, 2011 Dear Neighbors, 1875 South Greeley Street Stillwater, Minnesota 55082 Tel: 651.351-8340 fax: 651-351-8380 tdd: 651 - 351-8338 www.stillwater.k12.mn.us Last week the school board approved plans to construct a new Early Childhood Family Center on the campus of Stillwater Junior High. This decision was made after careful consideration of many factors, including questions and concerns raised by people who live in the neighborhood surrounding the school campus. We feel confident the Early Childhood Family Center will be a good neighbor and we look forward to working with the community to build a facility of which we can all be proud. We invite your input while designing the architectural exterior and landscaping of the new facility to make it attractive to the Stillwater Junior High campus and the entire neighborhood. If you are interested in providing input through a focus group which would represent your neighborhood, please send an email to brink) -stillwater.k12.mn.us or call Lori Brink at 651- 351 -8322. An initial meeting will take place in the next two weeks. There will also be other opportunities for you to provide feedback along the way, so feel free to send comments anytime to: comments CaD-stillwater.k12.mn.us We will also be engaging our staff, partners, the community and the City of Stillwater in the architectural design of the building. Construction could start later this summer or early fall, and the facility would open by fall 2012. We hope you will join us in working to ensure this facility becomes an asset to the neighborhood and the entire community. Sincerely, t `haste C9... 'n - - Tom Nelson, Superintendent of Schools Afton - Lakeland Elementary, Andersen Elementary, Early Childhood Family Center, Lake Elmo Elementary, Lily Lake Elementary, Marine Elementary, Oak Park Elementary, Oak -Land junior High, Rutherford Elementary, St. Croix Valley Area Learning Center, Stonebridge Elementary, StillwoterAreo High School, Stillwaterjunior High, Valley Crossing Community School, Withrow Elementary FYI STILLWATER TOWN BOARD MEETING March 24, 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 Sam Edmunds, Engineer Paul Pearson, Planner Sherri Buss, Treasurer Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Hiniker /Countryman moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Hiniker /Johnson moved to approve the 2/24/11 Stillwater Town Board Meeting minutes as written. (4 ayes, Untiedt abstain) 3. TREASURER a) Report given. b) Johnny's TV - The invoice is for more than what was quoted and approved. Matt Beane will check with them. c) Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 41490 League of Minnesota Cities $ 85.00 41496 Stillwater Gazette 34.76 41497 Xcel Energy 9.57 41489 Helmer Printing, Inc. 452.55 41491 Stephen Nelson 878.20 41492 Kathleen Nelson 45.73 41493 Qwest 101.25 41494 Robert P. Ranalla Sr 9.10 41495 Kathryn Schmoeckel 88.45 41498 Youth Service Bureau 5,500.00 41499 City of Stillwater 5,000.00 41500 Minnesota Department of Revenue 27.10 41501 Internal Revnue Service 569.83 41502 PERA 315.31 41503 Campbell Knutson 1,108.49 41506 MI Raleigh Trucking 25,683.35 41505 Maroneys Sanitation 157.26 41507 On Site Sanitation 48.09 41508 Robert P. Ranalla Jr. 276.97 41509 Washington Co. Public Safety Radio 100.02 41504 MFRA 1,758.80 41511 TKDA 1,464.97 41512 US Bank 42.50 Stillyrater Town Board Mtg. — 3/24/11 Page 2 41513 Marsha Olson 121.74 41514 Richard Jacobson 157.25 41515 League of Minnesota Cities 802.00 Johnson, David W 484.50 Nelson, Kathleen M 330.75 Nelson, Stephen W 1 Olson, Marsha Ann 786.56 Ranalla, Robert Jr 285.00 Ranalla, Robert Sr 210.00 Schmoeckei, Kathryn G 718.12 4. PLANNER - a) Crosswinds Community Church CUP Update - Planner Sherri Buss reviewed the issues involved. Their CUP had been approved in March of 2009. Some significant changes have been made to their plans since then. It still meets the lot size requirements and impervious requirements. The building has been downsized somewhat from the original plan and there is a little different use of space. Architect Dennis Batty had drawings which he reviewed. They expect to begin construction this year. The consensus of the Board was favorable and the applicant was complimented on their proactive approach. b) Zoning Ordinance Amendment - Accessory Structures - The Planning Commission had reviewed this issue especially in connection with come complaints about temporary structures. The proposed ordinance uses the same definition of temporary structures as the State Building Code. Some housekeeping changes were also made to the ordinance. There was discussion of whether agricultural structures should be exempted. The consensus was that a permit should be obtained for agricultural buildings, but no fee will be charged. M /S /P Johnson /Countryman moved approval of the proposed accessory structure ordinance with the modification to delete the exemption of agricultural structures. (5 ayes) M /S /P Countryman /Hiniker moved approval of the fee as proposed by the Planning Commission of $100 with the exception of agricultural structures. (5 ayes) c) Wood Burning Stoves and Boilers - A notice will be put on the website to remind people that it is illegal to burn garbage. A representative from MPCA as well as a representative of a wood boiler manufacturer will be present at the next Planning Commission meeting to discuss this issue. d) Dog Park - The City of Stillwater has considered a dog park on the proposed armory site before the armory is built. 5. CHIEF OF POLICE - a) Report given. There were 6 burning permits, one for buckthorn. No dogs were impounded. b) Road restrictions - As of March 14 t h, road restrictions are in effect. Letters have been sent out to haulers and to Raleighs. c) CUPs - Inspections have started. Six of eleven have been completed. . i. Stillwater Town Board Mtg. — 3/24/11 Page 3 d) Sentence to Serve - Sentence to Serve has been scheduled to work on May 28 and 29 on parks. Let Steve Nelson know if any additional work needs to be done on these two days. e) Special Events Policy - The City of Stillwater has adopted a policy with respect to special events. Attorney Sam Edmunds will review the City's policy and adapt it for our use. The planning commission will review it. 6. VALLEY GREEN - Valley Green was present to discuss their contract renewal. They are proposing no change in rates except for a gas surcharge. They will amend their contract to reflect the gas surcharge and return it to the Township for approval at the next Town Board meeting. 7. ARCOLA HEIGHTS PARK - Norm Torgerson had a copy of an email from Jan Hayne regarding the proposed disc golf course at Arcola Heights Park which he asked to be placed in the record. 8. ENGINEER - a) 2011 Seal Coat Projects Payment - There was discussion of an invoice from MFRA for work they have done in the amount of $571.30 even though the project will not be completed this year. The consensus of the Board was that the services have been rendered and it is appropriate that it be paid. b) Stri in - Washington County is looking for approval for striping. M /S /P Hiniker /Untiedt moved approval to notify the County of our striping amounts. (5 ayes) The County should be asked to double stripe all of Stonebrige for the County portion. Engineer Paul Pearson will follow -up and discuss with the County. c) Qwest Application at 12515 103r Street - Engineer Paul Pearson recommended approval of this application as requested. M /S /P Johnson /Hiniker moved approval of the permit request. (5 ayes) d) Lot Split - Paul Nord, 8335 Manning Avenue, proposes a lot split of one -half acre off of the back of his 5 acre lot. Sewer service would need to be provided which would be on our public right -of way. This lot split will be reviewed by the Joint Board. Paul Pearson does not see any concerns. There was discussion of what were the future prospects for other residents in the area wanting to connect to the sewer. e) Pot Holes and Pavement Deterioration - The engineer was encouraged to be proactive in addressing these concerns. f) Plowing - Paul Pearson will identify problem areas with plowing with respect to damage of lawn areas in the boulevard along 118"' Street. This occurs especially in cul -de -sacs. He will work with Raleighs to resolve. 9. CLERK a) School Election - The School District will be having a levy referendum in November. They will reimburse the Township for costs associated with the election. b) Insurance Issues - • Liability Coverage Waiver - M /S /P Johnson /Hiniker moved to authorize the chair to sign the Liability Coverage Waiver. (5 ayes) Stillwater Town Board Mtg. — 3/24/11 -Page 4 • Coverage for Volunteers - M /S /P Countryman /Hiniker moved to authorize the chair to sign the coverage for volunteer renewal. (5 ayes) 10. BASKETBALL COURT - Matt Beane had a quote from the Tennis Court Doctor to redo our tennis court which should last 5 to 7 years. M /S /P Johnson /Hiniker moved to authorize the expenditure of $3,650 for the restoration of the basketball court. (5 ayes) 11. DANDELIONS IN OTTO BERG PARK - The Park Committee should look into whether this is being dealt with. 12. WORKSHOPS - The top votes on the web survey were for small agricultural farming and for invasive plants. There is still money left in our recycling grant. A workshop will be set up with promotion being on the website and with a mailer. 13. LAPTOP COMPUTER - A computer is needed for our new television. Matt Beane will check with Rick Jacobson for ideas. 14. RESPONSES TO MEMBERS OF THE COMMUNITY - There was discussion of how to respond to questions or concerns by members of the community. Board members should respond to emails by thanking the writer for his /her comments and inviting him /her to the next Board meeting to discuss further. With respect to the concerns about Arcola Heights Park, Jim Hiniker suggested having someone monitor the first hole at least to begin with and to charge a fee for non- residents. 15. ADJOURNMENT - The meeting was adjourned at 9:45 p.m. Clerk Chairperson Approved Wash ounty ow'C' Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA 1. 9.00 Roll Call Pledge of Allegiance APRIL 5, 2011- 9:00 A.M. 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 Community Services — Diane Elias, Community Services Associate Planner Resolution — Authorizing Application for Minnesota Housing and Finance Agency Family Homelessness Prevention and Assistance Program Funds 5. 9:20 Public Works — John Elholm, Parks Division Manager A. Resolution — Amend Cottage Grove Ravine Regional Park Master Plan B. Amend the Land Exchange Agreement between Washington County and the Metropolitan Council to Replace the Park Boundary and Inholding Parcels Map 6. 9:30 General Administration — Jim Schug, County Administrator Legislative Update 7. 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. 8. Board Correspondence 9. 10:10 Adjourn 10. 10:15 Board Workshop with Public Works to Parks Projects Update: Lake Elmo Park Reserve Winter Recreation Area and St. Croix Bluffs 10:35 Regional Park Campground Improvements 11. 10:35 Board Workshop with Property Records and Taxpayer Services to A. Discuss Service Delivery Options related to Passport Acceptance, Drivers License Processing 11:35 and Vital Records B. Assessment Year 2011 /Pay 2012 Valuations 12. 11:35 Board Workshop with the Office of Administration to Discuss Communication Work Plan, Strategic Planning and Update on Social Media Pilots 12:05 BOARD MEETING NOTICES LISTED ON BACK Assistive listening devices are available for use in the County Board Room ...--.................e nn..,e. - rnll 1R511 AW EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR APRIL 5, 2011 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the March 15 and 22, 2011 Board Meeting minutes. B. Approval to appoint Marjenia Williams, Cottage Grove, to the Mental Health Advisory Council to a first term expiring December 31, 2013. C. Approval of policy for co- holding and third -party right of enforcement for conservation easements. Community Services D. Approval of contract with Fitzgerald Enterprises, LLC, doing business as Project Caring Residential Assisted Living in Stillwater. Property Records and E. Approval of contracts for assessing services with the cities of Lakeland Shores and Taxpayer Services Afton. F. Approval of a one to four day Temporary On Sale Liquor License for the St. Croix Preparatory Academy for May 6, 2011. Public Works G. Adopt resolution to execute the State of Minnesota Cooperative Construction Agreement (Agreement No. 97692) between the Minnesota Department of Transportation (Mn/DOT) and Washington County for the reconstruction of County State Aid Highway 2 (Broadway Avenue) including Bridge No. 82527 over Trunk Highway (TH) 35 in the City of Forest Lake. H. Approval of contract with Erickson Engineering Company, Inc to complete engineering services in connection with replacement of Bridge #1353 on County State Aid Highway (CSAH) 21 (Stagecoach Trail South) in the City of Afton. I. Approval of Amendment No. 4 to the 2025 Government Center Campus Improvements project moving services contract with Bester Brothers Transfer and Storage Company, Inc. Sheriff J. Approval to transfer $60,937 from the 911 Fund (Fund 117) to the Sheriffs operating budget (Fund 110) and enter into a contract with Motorola to purchase the required hardware, software, and maintenance agreement necessary to complete the final phase of the 9 -1 -1 Communications Center's Trunked Logging Recorder System. K. Approval to permanently use fund balance to enter into a contract with AnCom Communications Inc. for a three -year maintenance support contract on microwave equipment. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. MEETING NOTICES" (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location April 5 Personnel Committee 12:15 a.m. Washington County Government Center April 6 Metro Emergency Services Board 10:30 a.m. 2099 University Avenue — St. Paul Executive Commission April 7 Minnesota High Speed Rail 10:00 a.m. 454 West 5th Street — Red Wing April 7 Metropolitan Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul Summary of Proceedings Washington County Board of Commissioners March 22, 2011 FYI Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Commissioner Bill Pulkrabek, District 2 absent. Board Chair Kriesel presided. Commissioner Reports — Comments — Ouestions The Commissioners reported on the following items: - Commissioner Weik — reported she attended the Association of Minnesota Counties Board of Directors county innovators' framework meeting; she attended the Counties Transit Improvement Board meeting; and she attended the Metropolitan Mosquito Control Executive Committee where they discussed a zero percent levy increase for 2012; - Commissioner Lehrke — reported she attended the Housing and Redevelopment Authority Board meeting; she attended the Cottage Grove City Council meeting; she attended the Metropolitan Area Agency on Aging; she met with Newport staff to discuss the future of their library; she attended the Minnesota Extension Committee; and she announced that the St. Paul Park's Stone Soup Thrift Shop will hold a Stone Super Bowl on April 30 from 9:00 to 5:00; - Commissioner Hegberg — reported on the Transportation Advisory Board meeting; he attended the Minnesota Counties Intergovernmental Trust meeting; he attended the Association of Governmental Risk Pools conference last week; and he attended the Rush Line Corridor meeting where they discussed a faster bus trip from Forest Lake to downtown St. Paul; - Commissioner Kriesel — reported on a meeting he attended last week in Wisconsin related to the Gateway Corridor; and he reported that Governor Mark Dayton and Congresswoman Michelle Bachmann toured the St. Croix River Bridge and both indicated their support for the construction of a new bridge. Community Services Approval of the following actions: - Release of the Draft 2011 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs for public comment and the 2011 CDBG /HOME funding recommendations; - April is Child Abuse Prevention Month — an event to promote positive parenting will be held on Saturday, April 9, 11:00 a.m. to noon at the Woodbury Central Park Amphitheatre. General Administration Approval of the following actions: - March 8, 2011 Board meeting minutes; - Reappointment of Jack Lavold, Cottage Grove, and Michael Madigan, Woodbury, to the South Washington Watershed District Board of Managers to three year terms expiring May 1, 2014; - Participation and membership in the Minneapolis -Saint Paul Regional Economic Development Partnership and authorize expenditure of $50,000; Legislative update presented: bill allowing the county to sell tax forfeited land in Forest Lake and on the St. Croix River signed by the Governor; introduction of bill that would triple the county's cost for the continued care of sex offenders who are committed for an indefinite period of time in the state system; continued talk of housing state short-term offenders in county jails with no reimbursement; diversion of $30 million the first year and $39 million the next year from the Counties Transit Improvement Board (CTIB) sales tax revenue to fund the transit operations of the Metropolitan Council; legislation is being considered that would transfer more of the cost of public defenders to counties after the public defender appropriation is spent; and, the county's legislative priority for administrative simplification in Human Services has been heard in both the House and Senate and is reportedly getting a favorable response; Commissioner Weik testified in opposition to the diversion of CTIB sales tax revenue at the Capitol on Monday evening; Staff asked to explore what the consequences would be if Washington County got out of CTIB and would the sales tax in Washington County be eliminated; Letter to be sent to the legislature and the county's legislative delegation that Washington County is strongly opposed to any taking of CTIB dollars to help balance the operating budget of the Metropolitan Council; and Washington County would like its vision of transit to remain; Board correspondence received and placed on file including a letter from 3M Chairman of the Board, President and Chief Executive Officer, George W. Buckley, thanking the County Board for its comments; Board workshop held to discuss the co- holding of conservation easements purchased through the Land and Water Legacy Program and a project update. Information Technology Approval of contract with Andrew LLC to upgrade the existing cell repeater equipment in the Law Enforcement Center and install cell repeater equipment in the new courts building to support the reception of Emergency Management Services radio and public cellular communications. Property Records and Taxpayer Services Approval to extend license center hours on Saturday, April 9, 2011 and approval of reduced fee to five (5) dollars for passport photos for Friday, April 8 and Saturday, April 9, 2011. Public Health and Environment Approval of comments on the draft Comfort Lake Forest Lake Watershed District Watershed Management Plan. Public Works Approval of the following actions: - Change Order #5 to contract with Advance Terrazzo & Tile Company, Inc.; - Change Order #18 to contract with Century Construction Company, Inc.; - Change Orders #18 and #19 to contract with Commercial Drywall, Inc.; - Change Order #15 to contract with Glewwe Doors, Inc.; Change Order #15 to contract with Gresser Companies, Inc.; Change Order #11 to contract with Paul's Architectural Woodcraft, Inc.; Change Order #26 to contract with Peoples Electric, Inc.; Change Order #5 to contract with Prestige Builders of Minnesota, LLC; Change Order #13 to contract with Wasche Commercial Finishes, Inc.; - Change Order #15 to contract with Sowles Company; Change Order # 3 to contract with Steenberg - Watrud Construction, LLC; - Change Orders #12 and #13 to contract with Twin City Acoustics, Inc.; Change Order #8 to contract with United Glass, Inc.; Budget amendment in the amount of $28,400 to complete the Point Douglas Regional Trail Master Plan; Resolution No. 2011 -031, reject bids for the Lake Elmo Park Reserve winter recreation area project. 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. 3/30/2011 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions MARCH 30 -31 Commissioner Hegberg to Attend the Counties Transit Improvement Board Trip to Washington D.C. Representing Washington County APRIL 5 Workshop — Public Information and Social Media Workshop — 2011 Property Values Workshop — Service Delivery Options Related to Passport Acceptance Drivers License Processing and Vital Records Personnel Committee Meeting APRIL 12 Workshop — Property Taxes Workshop — Review of 2010 Census Data and 2012 Redistricting Process APRIL 19 Agenda - Consideration and Award of Bonds Armstrong -Land Water Legacy Proiect MAY 21 No Board Meeting — 5 Tuesday JUNE 7 2010 Performance Measures and Indicators Report JUNE 14 Transportation Alliance Fly -in to Washington D.C. JUNE 21 County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JUNE 28 County Board of Appeal and Eoualization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JULY 15 -19 2011 Annual NACo Conference — Portland. Oregon Commissioner Hegberg Attending the 2011 Annual NACo Conference FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n -ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS April 5 CSAH 2 (Broadway Avenue) Reconstruction, Public Works April 11 Lake Elmo Park Reserve Ski Trail Lighting Package, Public Works Indefinitely RFP for Base Rate Group Residential Housing for Adults with Chemical Dependency, Community Services CADocuments and Settings\nmanos \Local Settings \Temporary Internet Files\ Content .Outlook \YINAOM9V\Preview.doc Washington ��Coun F ?i%a 3 -0 BOARD AGENDA MARCH 22, 2011 — 9:00 A.M. 1. 2 9:00 Roll Call Pledge of Allegiance 9:00 Comments from the Public Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 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 Property Records and Taxpayer Services — Kevin Corbid, Director Approval to Extend License Center Hours on Saturday, April 9, 2011 and Approval of Reduced Fee to Five (5) Dollars for Passport Photos for Friday, April 8 and Saturday April 9, 2011 only 9:15 Community Services A. Approval to Release the Draft 2011 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs for Public Comment and the 2011 CDBG/HOME Funding Recommendations — Karin Reinhart, Senior Planner B. April is Child Abuse Prevention Month — Rick Backman, Division Manager 6. 9:30 Public Works — Don Theisen, Director Adopt Resolution to Reject Bids for the Lake Elmo Park Reserve Winter Recreation Area Project and Authorization to Re -Bid the Electrical Work 7. 9:35 General Administration — Jim Schug, County Administrator A. Minneapolis -Saint Paul Regional Economic Development Partnership B. Legislative Update 9:45 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:15 Adjourn 11. 10:30 to 10:50 - Board Workshop with the Office of Administration Discuss the Co- Holding of Conservation Easements Purchased through the Land and Water Legacy Program and Project Update BOARD MEETING NOTICES LISTED ON BACK Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMAIIVt AGIIUN tmrLUTtrc WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR MARCH 22, 2011 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY Administration ITEM A. Approval of the March 8, 2011 Board Meeting minutes. B. Approval to reappoint Jack Lavold, Cottage Grove, and Michael Madigan, Woodbury, to the South Washington Watershed District to three year terms expiring May 1, 2014. Information Technology C. Approval of contract with Andrew LLC to upgrade the existing cell repeater equipment in the Law Enforcement Center (LEC) and install cell repeater equipment in the new courts building to support the reception of Emergency Management Services (ECM) radio and public cellular communications. Public Health and Environment D. Approval of comments on the draft Comfort Lake Forest Lake Watershed District Watershed Management Plan and authorize the Board Chair to sign on behalf of the county the cover letter submitted with the comments. Public Works E. Approval of Change Order #5 to contract with Advance Terrazzo & Tile Company, Inc. in the amount of $1,072. F. Approval of Change Order #18 to contract with Century Construction Company, Inc. in the amount of $10,587. G. Approval of Change Orders #18 and #19 to contract with Commercial Drywall, Inc. in the amounts of $8,451.32 and $5116.71 respectively. H. Approval of Change Order #15 to contract with Glewwe Doors, Inc. in the amount of $7,686. I. Approval of Change Order #15 to contract with Gresser Companies, Inc. in the amount of $4,606. J. Approval of Change Order #11 to contract with Paul's Architectural Woodcraft, Inc. in the amount of $766.59. K. Approval of Change Order #26 to contract with Peoples Electric, Inc. in the amount of $6,799.43. L. Approval of Change Order #5 to contract with Prestige Builders of Minnesota, LLC in the amount of $47,875. M. Approval of Change Order #13 to contract with Wasche Commercial Finishes, Inc. in the amount of $3,359. N. Approval of Change Order 415 to contract with Sowles Company in the amount of $2,748.90. O. Approval of Change Order #3 to contract with Steenberg - Watrud Construction, LLC in the amount of $4056.16. P. Approval of Change Orders #12 and #13 to contract with Twin City Acoustics, Inc. in the amounts of $4428.01 and $8,175.02 respectively. Q. Approval of Change Order #8 to contract with United Glass, Inc. in the amount of $5,717. R. Approval of budget amendment in the amount of $28,400 to complete the Point Douglas Regional Trail Master Plan. RF,MINDER: NO BOARD MEETING ON MARCH 29 — 5 TH 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 March 21 Minnesota Extension Committee March 22 Finance Committee March 22 Planning Advisory Commission March 24 Community Corrections Advisory March 30 Solid Waste Management Coordinating Board March 31 Red Rock Corridor Commission Time Location 5:00 p.m. Washington County Government Center 11:00 a.m. Washington County Government Center 7:00 p.m. Washington County Government Center 7:30 a.m. Washington County Government Center 10:30 a.m. 2099 University Avenue West — St. Paul 4:00 p.m. Cottage Grove City Hall *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 - FYI Washington County Board of Commissioners March 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 of the following actions: - Public Hearing held to receive comments on a proposal to issue up to $35,000,000 in general obligation bonds in order to finance projects under Washington County's 2011 to 2015 Capital Improvement Plan; - Resolution No. 2011 -029, preliminarily providing for the sale and issuance of General Obligation Bonds, Series 2011A, in an estimated original principal amount of $42,000,000. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Lehrke — reported she met with the St. Paul Park Mayor to discuss activities in their community such as the bridge over 70` street and 800 MHz radios and expense; attended the Cottage Grove City County meeting where county staff presented an overview of the Counties Transit Improvement Board; she met with the Minnesota Department of Transportation to discuss the Highway 61 study and options for the new Hastings Bridge; reported on her trip to Washington D.C. to attend the National Association of Counties conference where she attended sessions on use of technology to reduce county operation costs, Cloud computing educational workshop which discussed the delivery of county services through a controlled environment, and a workshop on Tools to Promote County Government; she met with Congresswoman Bachmann, Congresswoman McCollum's Chief of staff, and Senator Amy Klobuchar; and she met with Representative Kathy Lohmer and Representative John Kriesel; - Commissioner Weik — reported on the National Association of Counties conference where she attended the following: Redistricting in a Nutshell, a New World in Transportation educational session, the Transportation Steering Committee; she attended a central region meeting where they discussed a drug discount program and veterans services, a session on media relations, Impact of Social Media and Effective Communications, and she also attended the Environment, Energy and Land Use Steering Committee; yesterday she met with Representative Andrea Kieffer; she attended the Gateway Corridor Committee meeting last Thursday; and she attended a transportation meeting in Rochester where Olmsted County indicated they may have found private funding partners for their transportation build outs; - Commissioner Kriesel — stated that he and Dean Johnston, Vice Chair of the Gateway Corridor, will attend the Wisconsin Gateway Corridor meeting this afternoon. Community Services Approval of an amendment to the 2010 -2012 contract with Country Services, Inc. to provide case management services for persons with developmental disabilities. General Administration Approval of the following actions: - March 1, 2011 Board meeting minutes; - Legislative update on the following items: the House and Senate released their budget targets with cuts in local tax aides and in Health and Human Services; beginning in 2012, Regional Railroad Authority levy will come out of the county levy; a Public Safety and Corrections bill has been introduced to have short-term offenders housed in county jails with no reimbursement to counties; the county has agreed to a one year delay in a request for bonding for the Gateway Corridor; - Overview of the Minnesota Accountable Government Innovation and Collaboration Act which is a concept designed to provide incentives to local governments to focus on innovation to the fullest extent; - Letter to the Washington County Fire Chiefs Association asking that they bring their concerns about funding the maintenance costs for the 800 MHz Public Safety Radio System through their local government and elected officials, who will then bring them forward to the County Board; - Board correspondence was received and placed on file. Human Resources Approval of the following actions: - 2011 wages and insurance for the International Union of Operating Engineers -Local 49; - 2011 wages and insurance for the Minnesota Teamsters Union Local #320 representing Correctional Officers/911 Unit; - Revision to Personnel Rules and Regulations Section 17, Insurance/Benefits. Library The Board met in workshop session to review proposed steps to address Work Plan Priority #6, Strategic Planning for Library Services. Public Health and Environment Approval of the following actions: - Agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the Federal Department of Homeland Security, State Homeland Security Program for Federal Fiscal year 2010 on behalf of the Metro Regional Homeland Security and Emergency Management Joint Powers Agreement; - Agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the Department of Homeland Security, Urban Area Security Initiative Grant Program; - Resolution No. 2011 -030, declaring a state of emergency, 2011 spring flood on the St. Croix River at Stillwater; - Update given on the flooding conditions and action being taken by communities. Public Works Approval of the following actions: - Appointment of Mark Doneux, Stillwater Township, to the Board of Adjustment and Appeals to fill an unexpired term to December 31, 2011; - Workshop held for an update on the Counties Transit Improvement Board March 16 meeting agenda. Sheriff's Office Approval to enter into a service contract with Motorola for ongoing maintenance, network monitoring, onsite infrastructure response and the dispatch of service technician for the 800 MHz Public Safety Radio System. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 °a Street N., Stillwater, Minnesota. s v. Summary of Proceedings Washington County Board of Commissioners March 8, 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. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported on the Minnesota Inter City Passenger Rail Transportation Forum focused on high speed rail money the State of Florida has turned back to the federal government and the possibility for Minnesota to obtain a portion of those funds; commented on the history of investments made to the nation's roadway structures and the fact there's been no investment in the rail system for over a hundred years and the need to make investments in moving freight as well as passengers; reported he will be attending the Association of Governmental Risk Pools Conference next week; - Commissioner Pulkrabek —congratulated Harry Melander on his appointment to Metropolitan Council; suggested Representative Betty McCollum be sent a copy of the resolution adopted by the board on March 1, 2011 in support of the construction of the St. Croix River Bridge crossing; - Commissioner Kriesel — attended the Metropolitan Energy Policy Coalition meeting; plans to attend the West Lakeland Town Board meeting tonight and will attend the Metropolitan Emergency Services Board and Gateway Corridor Commission meetings this week. General Administration Approval of the following actions: - March 1, 2011 County Board meeting minutes; - Resolution No. 2011 -027, Robert P. Dettmer Retirement from the United States Army Reserve; - Spring flood update on latest flood predictions from the National Weather Service and preparations taking place from State level on down; - Legislative update on improved budget forecast showing a $1.2 billion decrease in the deficit, $887 million due to increased tax revenue and $165 million due to reduced expenditures; public defenders attempting to move costs for some of their services to county property taxes; administrative simplification bill was introduced by Representative Mack and co- authors Representatives Kriesel and Lohmer; - Support proposed bill to permanently exempt swimming ponds from swimming pool requirements. Property Records & Taxpayer Services Approval of the following actions: - Contract with Pictometry, Inc. for an aerial photography flight in spring of 2011; - Resolution No. 2011 -028, Lawful Gambling Exemption. Public Health and Environment Approval of the following actions: Amend the Public Health & Environment budget by increasing the State Local Recycling Development Grant funds by $108,848.14; - $92,356 payment to Solid Waste Management Coordinating Board for special project costs. Public Works Approval of the following actions: - Distribution of town road apportionment to the townships; - Extend the term of contract #4439 with Northern Air Corporation for plumbing and mechanical services to December 31, 2011; - Budget amendment for the replacement of Lake" Elmo Park Reserve modern campground well; selection of Hartmann Well Company, LLP to perform the well replacement; execution of contract with Hartmann Well Company, LLP, and execution of the Minnesota Department of Health's acknowledgement letter permitting construction of the new well in the Lake Elmo Park Reserve modern campground; - Grant application for South Washington Watershed District Coordinated Capital Improvement Program funds for an Oakdale Library retrofit project. Sheriff Approval to transfer ownership of Washington County Sheriff's Office K -9 service dog "Reno" to his handler, Deputy Bjorn Erickson. 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 °a Street N., Stillwater, Minnesota. FYI Plroncth% ma wdxiV and irnprw &&a" ofall Minnesotans April 1, 2011 IMPORTANT INFORMATION PWSID: 1820024 I, I � I ►,1,1,11,,,1 „I „� I� III�„I Stillwater City Council c/o Ms. Diane Ward, Clerk Stillwater City Hall 216 North Fourth Street Stillwater, Minnesota 55082 Dear Council Members: All community water systems must distribute a drinking water report, officially known as a Consumer Confidence Report (CCR), annually, to their customers before July 1. A packet has been sent to your water superintendent that includes a CCR for your water supply and a Certification Form. The packet also includes instructions on how to distribute the report. Your system may reformat the CCR and /or add additional information about your water system, however, that is not necessary. Using the CCR that we have provided will satisfy the requirements. If you choose to reformat the CCR, all the information in the CCR that was sent to your system must be included in your newly reformatted CCR. It is your responsibility to ensure that the CCR is distributed to your customers before July 1. A copy of the CCR that you distribute and the completed Certification Form must be returned to the Minnesota Department of Health (MDH) on or before July 1, 2011. You must keep a copy of the CCR for at least three years. Failure to produce and distribute a CCR as required, as well as failure to return a copy of the CCR to MDH along with the completed Certification Form by July 1, 2011, may result in enforcement actions, including fines, from the U. S. Environmental Protection Agency and /or the MDH. If you have any questions, please call the message center at 651/2014650 or 1/800 -818 -9318 or by email, health. ddnkingwateradvisory@state.mn.us. Sincerely, . Karla R. Peterson, P.E., Supervisor Community Public Water Supply Unit Environmental Health Division P.O. Box 64975 St. Paul, Minnesota 551640975 KRP: jmc General Information: 651- 201 -5000 • Toll -free: 888 - 345 -0823 • TTY: 651 -201 -5797 www.health.state:mn.us An equal opportunity employer