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2011-05-17 CC Packet
• TOO 11CT111141H Of ■1CCECCtA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 17,2011 REGULAR MEETING 7 :00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of May 3, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. City Council Service Award Peter Orput — Yellow Ribbon & Flooding 3. City Council Service Award — Dick & Judy Anderson — Yellow Ribbon 4. Library Board Annual 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 Tess. STAFF REPORTS 5. Police Chief 9. Public Wks Dir /City Engr. 6. Fire Chief 7. City Clerk 8. Community Dev. Director Paid on -call staffing issues 10. Finance Dir. 11. City Attorney 12. City Administrator CONSENT AGENDA (Roll CaII) 13. Resolution 2011 -75, directing payment of bills 14. Possible approval of fireworks permits for Target & Cub Foods 15. Possible approval of 800mhz self insurance program 16. Possible approval to subscribe to "Constant Contact" email management system for Electronic Newsletter 17. Resolution 2011 -76, approving the 2011 Service Agreement for water monitoring with the Washington County Conservation District for Lily Lake and Jaycee Ballfields 18. Board of Water Commissioners Financial Statement PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or Tess. 19. This is the date and time for a public hearing to consider the issuance of a new Wine & Strong Beer license to Chilkoot Cafe & Cyclery LLC; DBA: Chilkoot Cafe & Cyclery located at 826 4th Street S. Notice was published in the Stillwater Gazette on May 5, 2011. Lee Stylos & Michael Noer, applicants. (Resolution -Roll Call) 20. Case No. 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 (Continued from 5/3/11) (Resolution — Roll Call). 21. Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District for a Special Use Permit for an Early Childhood Education facility on the Stillwater Jr High School property located at 523 Marsh St W in the RB, Two Family Residential District. (Resolution — Roll Call) 22. This is the date and time for the public hearing for public relating to its Storm Water Pollution Prevention Plan (SWPPP). The SWPPP was prepared to address the requirements of the Municipal Separate Storm Sewer (MS4) General Permit. This hearing will consist of an overview of the SWPPP that was approved on December 28, 2007 and the activities completed in 2010. Written and oral comments received before or during the meeting will be considered as the City prepares its Annual Report to the Minnesota Pollution Control Agency on its SWPPP. Notice was published in the Stillwater Gazette on April 8, 2011. 23. Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. (1st reading - 3 Ordinances — Roll Call) UNFINISHED BUSINESS 24. Pedestrian Walkway Bathroom Design discussion 25. Possible first reading of an ordinance prohibiting fishing from the Stillwater Lift Bridge (tar reading — Roll Call) 26. Possible approval of 2nd reading for Ordinance 1030, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "Early Childhood Education" in the RB, two- family zoning district as a Specially Permitted Use. (Ordinance -Roll Call) 27. Possible approval of 2nd reading for Ordinance 1031, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance "CTR- Cove Traditional Residential District" related garages (Ordinance — Roll Call) NEW BUSINESS 28. Possible approval to purchase router replacement 29. Discussion on Special Event fees 30. Possible approval of Rivertown Art Fair Event & Contract (Resolution — Roll Call) 31. Possible approval of Let's Go Fishing Special Event 32. Possible receipt of bids and awarding contract for 2011 Street Improvement Project (Resolution - Roll Call) 33. Possible approval of Elevator Contract for City Hall, Parking Ramp, and Public Works (Resolution — Roll Call) 34. Possible approval of donation of equipment to Scandia Fire Department (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 35. Beyond the Yellow Ribbon Update STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. Proposed Outline and Timeline for the Armory Bus Tour: 1200-1230 - Arrive in Stillwater City Hall parking lot for IGH Armory Tour - Welcome by Mayor/Council Members 1230 - Depart Stillwater for Inver Grove Heights Armory 1310 - Arrive Inver Grove Heights Armory (IGH) 1320 - Meet and Greet with IGH Armory Personnel (Conference Room) - MAJ Ryan Cochran (34 DHHB BN OIC)/LTC Rick Schute (1/34 BCT Rear Det OIC)/LTC Matt Vatter (34 DHHB BN CC) and CSM Doug Wortham (34 DHHB BN Command Sergeant Major) 1) Welcome - Agenda Review by COL Loidolt 2) 34 DHHB IGH Armory Briefing on Units Mission (Inver Grove Heights City Rep will be invited); Compare and Contrast IGH and Stillwater Units 1345 - Armory Tour 1445 - Wrap-up Meeting (Conference Room 1) COL Loidolt Closing Remarks 2) 1/34 BCT Stillwater Readiness Center Mission is threefold (Federal/State/Community); Committed to being "Good neighbors"; An integral part of the training and community center concept relies on the support and partnership of the community and the MN Guard. In partnership with local government officials, the Guard seeks to educate and inform Stillwater citizens of the community benefits associated with construction of a training and community center in their area. Community support of the facility is essential to the completion of the project. 3) Provide process for moving forward - COL Loidolt/COL Bruce Jensen 1600 - Wrap/Depart for Stillwater 1640 - Drop-off in Stillwater New Services New Hours Due to a generous gift to the Stillwater Public Li- brary Foundation, the library will be open on Sun- days in 2011 for winter/spring and fall series. Watch our website for an announcement of fall Sundays. Rental DVDs The most current DVDs are hard to find in and on rhe shelf. To provide faster access to current films, the library now rents copies of current films for $1 per day. However, the library does own free copies for those who do not mind waiting. E—Books The library added Over Drive e-Books in March 2011to its Net Library holdings. Electronic References The library provides new electronic databases and services every year. Recent additions include: • Byki: Practice for learning any of more than 80 languages • Job Now: Live, online job coaching, resume assis- tance and more • Homework Rescue: Live, online homework help for students of all ages Just click the Electronic References button on our website to find these and other resources. Bookawocky The summer reading program is full of activities for children and their parents. Check the website for more information. Friend Lis! Th.e library is now on Facebook. 224 North Third St. Stillwater, MN 55082 651.275.4338 www.stillwaterlibrary.org 11111111 11111H 1111111,11,1,1,:, To the Stillwater City Council In August 2010, the Board of Trustees adopted a new long range plan to guide development of the library's services, collections, and programs. Lifelong Learning For the next five years, the library's primary role in the community will be to support community members in their quest for lifelong learn- ing. Although continuing to serve the general public, the library has identified two target audiences for significant attention. These are preschool children and active seniors. We are concentrating on provid- ing children with pre-literacy skills so that they are able to begin a lifetime of learning. We are develop- ing services for active retirees in light of the rapid growth of this population. We want to make certain that retirees have the resources to continue to grow intellectually and remain engaged in the community. Information Literacy Finding information is not the problem it once was, but the difficulty of assessing the quality and pertinence of information grows more difficult every day. The library will help users individually to find, evaluate and use information. In addition, through a grant from the Stillwater Public Library Foundation, the library will hold classes to improve understanding and use of the library's mate- rials, databases, and other electronic resources. Read, View, and Listen for Pleasure The library will continue to provide materials, programs, and other resources to read, view, and listen for pleasure in or- der to stimulate the imagination and enrich leisure time. Besides providing these services for the general public, the library will also target tweens—children between the ages of nine and thirteen—to give them a rich and rewarding library experience before they enter high school. Total Usage Circulation of Materials Visits Program Attendance Nonlibrary Meetings and Events Inhouse Internet Minutes Used Collections Books Audiobooks Music Formats Kits Video Formats Periodical Subscriptions Electronic Books Available for Download " Audio materials Available for Download Electronic Databases and Services 20 10 307,770 194,598 4,260 443 2,502,606 Total Size 86,200 1,615 3,668 175 4,352 196 15,213 2,232 66 T H E t t R T H ► t A C E O F M I N N E S O T A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to fFete't (9'tput Waohcington war the .4ti:nneoata J wcin4 as the (ixot Yellow gibbon oeeected (ax I comnutnitg ouppo t etganking a gag (undxaioen fox uete'tan6, active dutch pe'toonnee and the& !arnieieo; umuthing tcuuaxd abk h ng a uete'can'o aunt in Waohingtan Count*; eneioLing the enthe' Waohington Cauntq atitulltelAUffice to help lilt aandficup fin the good, and for outstanding service in su rt of t - City of Stillwater's mission. arycki, Mayor Date of Recognition: May 17, 2011 THE $IATHPIACE OF MINNESOTA STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Dick d Judi' thuLexwt St. Grp goat cC Jacket Companci (ou he& connnuuzity, ou ppod one o f the andiante showboat, tot 5anzily .l odicaitb of Deploying gtottp6 and a gift ceNtificate (ou dinneJt at the £ocuelt Stet ao a than& cgeu Pit thew a mice and for outstanding service in support of the City of Stillwater's mission. en Harycki, Mayor Date of Recognition: May 17, 2011 INN UUIITMPIACE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street May 17, 2011 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of May 3, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Library Board Annual 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 3. Police Chief 7. Public Wks Dir /City Engr. 4. Fire Chief 5. City Clerk 6. Community Dev. Director Paid on -call staffing issues 8. Finance Dir. 9. City Attorney 10. City Administrator CONSENT AGENDA (Roll Call) 1. Resolution 2011 -75, directing payment of bills 2. Possible approval of fireworks permits for Target & Cub Foods 3. Possible approval of 800mhz self insurance program 4. Possible approval to subscribe to "Constant Contact" email management system for Electronic Newsletter 5. Resolution 2011 -76, approving the 2011 Service Agreement for water monitoring with the Washington County Conservation District for Lily Lake and Jaycee Ballfields 6. Board of Water Commissioners Financial Statement PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 7. This is the date and time for a public hearing to consider the issuance of a new Wine & Strong Beer license to Chilkoot Cafe & Cyclery LLC; DBA: Chilkoot Cafe & Cyclery located at 826 4th Street S. Notice was published in the Stillwater Gazette on May 5, 2011. Lee Stylos & Michael Noer, applicants. 8. Case No. 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 (Continued from 5/3/11) (Resolution — Roll Call). 9. Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District for a Special Use Permit for an Early Childhood Education facility on the Stillwater Jr High School property located at 523 Marsh St W in the RB, Two Family Residential District. 10. This is the date and time for the public hearing for public relating to its Storm Water Pollution Prevention Plan (SWPPP). The SWPPP was prepared to address the requirements of the Municipal Separate Storm Sewer (MS4) General Permit. This hearing will consist of an overview of the SWPPP that was approved on December 28, 2007 and the activities completed in 2010. Written and oral comments received before or during the meeting will be considered as the City prepares its Annual Report to the Minnesota Pollution Control Agency on its SWPPP. Notice was published in the Stillwater Gazette on April 8, 2011. 11. Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. (1St reading - 3 Ordinances — Roll Call) UNFINISHED BUSINESS 12. Possible approval of 2nd reading for Ordinance 1030, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "Early Childhood Education" in the RB, two - family zoning district as a Specially Permitted Use. (Ordinance -Roll Call) 13. Possible approval of 2nd reading for Ordinance 1031, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance "CTR- Cove Traditional Residential District" related garages (Ordinance — Roll Call) NEW BUSINESS 1. Possible approval to purchase router replacement 2. Discussion on Special Event fees 3. Possible approval of Rivertown Art Fair Event & Contract (Resolution — Roll Call) 4. Possible approval of Let's Go Fishing Special Event 5. Possible receipt of bids and awarding contract for 2011 Street Improvement Project (Resolution — Roll Call) 6. Possible approval of Elevator Contract for City Hall, Parking Ramp, Library, and Public Works (Resolution — Roll Call) 7. Possible approval of donation of equipment to Scandia Fire Department (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 8. Beyond the Yellow Ribbon Update STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 111111 OF rlrrrrrM CITY COUNCIL MEETING May 3, 2011 REGULAR MEETING 4:30 P.M. Vice Mayor Roush called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Absent: Mayor Harycki Staff present: City Administrator Hansen Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Vice Mayor Roush led the Council and audience in the Pledge of Allegiance. OTHER BUSINESS Police Department Annual Report Chief Gannaway highlighted the Police Department's annual report for 2010, including staffing and organizational chart; summary of statistics; participation in special events; and planned activities /initiatives for 2011. He reminded the public to lock their motor vehicles, noting that most thefts from vehicles involve unlocked cars; Councilmember Cook reminded people to report such crimes to the Police Department. Councilmember Cook asked how the reserve officers would be utilized; Chief Gannaway replied that the intent is to schedule those officers during peak times and special events, noting they are volunteers. Fire Department Relief Association Update Joe Marchetti, president of the Relief Association, provided the Council with an update on the Association's functions, organization, financial status and funding sources, and goals for 2011. Discussion on Pedestrian Walkway Restroom Bill Sanders of the design consulting team provided an update on the site plan, noting the plan has been refined based on comments received from the Council, the various Commissions and the public. He indicated that the plan is the formal, straight walkway concept, with the restroom moved to just west of Water Street. The plan includes a location for a possible pergola/shelter building that relates to a hard - surfaced plaza space; the lower walkway also includes a pergola, along with a number of benches and accommodations for bicycles and pedestrians, he added. Councilmember Cook asked that the design people review an article dealing with the issue of City Council Meeting May 3, 2011 making a space welcoming, but not attracting misuse, as previously referenced by Councilmember Polehna. Bill Hickey, also of the design consulting team, led a discussion on the design of the new restroom facility. He asked whether the Council views the building as a scheme called "park" building or a "downtown" building, noting that the answer results in a series of different design scenarios. City Administrator Hansen pointed out to the Council that due to the funding source which will be utilized, the building cannot be considered of a park building. Mr. Hickey reviewed a series of design images, and one key issue is how strong the building is in the view toward the river. Councilmember Polehna asked about size limitations, noting that the space must be functional for maintenance purposes as well. Mr. Hickey stated there is a 500 square -foot limit; Planner Mike Pogge explained the 500 square -foot limit is due to the location in the floodplain. Mr. Polehna pointed out that because of the space limitations; perhaps the family bathroom space should be eliminated, saying that the most important aspect to him is cleanliness of the facility and ease of maintenance. Mr. Hickey briefly spoke of the issue of providing a family restroom; and that it is not code - required, but a response to user feedback. There was discussion of the process for obtaining a variance from the square- footage limit from the Department of Natural Resources. After discussion, it was consensus to include the family restroom area and pursue the size variance. Mr. Hickey noted there are different building designs found in Stillwater parks, with no signature style; he noted in the downtown area there are two consistent forms — the commercial, classic Victorian, turn-of -the century forms, along with a surprising number of buildings with pitched roofs — so there is plenty of precedent in either direction. Mr. Hickey briefly described details of various definitions of Victorian design. Mr. Hickey suggested this building should be viewed as more than just a restroom — it can be something of a landmark building; he again asked the Council whether it is more important that this building be seen when looking toward the river or not seen when looking toward the river. Vice Mayor Roush indicated that he liked the concept of this being a park -style building, the Victorian style, and the concept of this being a landmark building and gateway to the park area. Roger Tomten, Heritage Preservation Commission (HPC), reported that the Commission agrees with the formal walkway design as being most appropriate and, in terms of the massing of the building, that something of a more commercial or industrial scale is more appropriate for a structure very close to a Main Street setting and more in keeping with other massing and shapes of buildings in that area. Mr. Tomten stated the HPC did pass a formal motion to approve going forward with more of the commercial style of form and massing. Councilmember Polehna asked about the roof pitch; Mr. Tomten responded that the massing seen by the HPC featured more of a flat roof element, with the pergolas used to break up the massing of the building and provide character. There was discussion of roof pitch and views of rooftop openings. It was agreed that the Council would look at the various design boards between sessions and provide additional input at that time. Armory Project Update Councilmember Menikheim noted there is a new command team in place for this project. He asked the Council for input regarding what it would like to see covered on a tour of armory facilities. Vice Mayor Roush suggested it ought to be up to the Guard to show the Council what it has in mind for the Stillwater facility and examples of such a facility; he suggested the tour should include facilities of comparable size and location. Page 2 of 12 City Council Meeting May 3, 2011 Councilmember Cook asked if there are other instances where a fire station is co- located with the armory; Councilmember Polehna noted there are several that have community uses, such as police department and community center, co- located with the armory. Councilmember Cook asked who would be invited to participate in the tour; Vice Mayor Roush suggested allowing a certain number of citizen representatives from each Ward to attend. It was consensus to limit participation to 40 people and one bus. STAFF REPORTS Police Chief Gannaway reported that staff had met with FEMA and Washington County representatives, and that the City of Stillwater spent or will spend $456,794 on flood control efforts. He indicated that Washington County, as a whole is expected to spend $810,390, over the FEMA threshold so it should be 100% reimbursable. He indicated that with the end of the flood efforts, downtown parking restrictions will again be enforced and that information would be posted on the City's web site and the Chamber will be notified. He noted that at noon May 16, a Law Enforcement Memorial Day ceremony will take place at the Historic Courthouse; he invited the Council and public to attend. Fire Chief Glaser reported that the new fire truck will be ready and received by the City by the end of May. City Clerk Ward stated that a request had been received to postpone the paid downtown parking program until May 15, after the Art Fair. It was agreed to address that request at the 7 p.m. session. Community Development Director Turnblad provided information on a no- interest, deferred interest home improvement loan program offered by Washington County HRA. On a question by Vice Mayor Roush, he answered that the information would be posted on the City web site. Mr. Turnblad also noted that on May 9 and 10, parking ramp deck cleaning will take place so there will be some area closures of the ramp; new ramp equipment will be installed on those same days. Public Works Director Sanders reported that the downtown sewer lining project construction was slated to begin the following week; and that there will be some disruptions to parking lots, but lots should remain open during construction. He indicated that work will be scheduled around special events. Finance Director Harrison noted a possible budget calendar was included in the agenda packet; and asked for input regarding dates for the budget workshops. She suggested that she would like those dates finalized by June. City Administrator Hansen clarified the amount spent on flood control efforts, noting the $456,000 is not a cash figure; it is based on a FEMA formula for reimbursement. He also noted that the City is over the threshold for reimbursement. The meeting was recessed at 5:55 p.m. RECESSED MEETING 7:00 P.M. Vice Mayor Roush called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Absent: Mayor Harycki Page 3 of 12 City Council Meeting May 3, 2011 Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Finance Director Harrison Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Vice Mayor Roush led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the minutes of April 19, 2011 regular meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Centenarian Bernice Jessen Day Vice Mayor Roush read a proclamation honoring Bernice Jessen on the occasion of her 100th birthday and designating May 4, 2011, as Centenarian Bernice Jessen Day in the City of Stillwater. Ms. Jessen was present to accept her award. Councilmember Polehna presented Ms. Jessen with a Beyond the Yellow Ribbon lapel pin in recognition of the service given by her and her husband during WWII, and also recognized the efforts of Jane Luke in being a good neighbor. OPEN FORUM Councilmember Menikheim described efforts of volunteers cleaning up the South Broadway Street stairs. He stated Chuck Stickler organized the effort; he also recognized participants Cory Buettner, Ron Nelson, Trish Kalinoff and Carrie Kolsted. Mr. Menikheim suggested this effort serves as an example of what can be accomplished through citizen volunteer efforts; he encouraged fellow Councilmembers and staff to look for and support similar efforts. CONSENT AGENDA Resolution 2011 -66, directing payment of bills Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the Consent Agenda. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None UNFINISHED BUSINESS Possible first reading of Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off-Sale Liquor License City Attorney Magnuson explained the reason for the ordinance amendment. Page 4 of 12 City Council Meeting May 3, 2011 Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company located at 1900 Tower Drive, Stillwater, MN, Daniels Joseph Schwarz, et al, applicants. Notice was published in the Stillwater Gazette on April 22, 2011. Clerk Ward noted there are two public hearings related to the same request, one for the issuance of a brew pub off -sale liquor license to Lift Bridge Brewing Technologies and the next hearing for issuance of a brew pub off-sale liquor license to Stillwater Brewing Company. She noted that as with other liquor licenses, approval should be contingent upon approval of police, fire, finance and building departments and Minnesota Liquor Control. She also noted that approval would not be effective until after publication of the above approved ordinance, Ordinance 1029. Attorney Magnuson indicated that the two hearings could be combined. Vice Mayor Roush opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011- 67, approving Issuance of a Brew Pub off -sale liquor license to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None This is the date and time for a public hearing to consider the issuance of a Brew Pub Off -Sale Liquor License to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company located at 420 Main Street N, Stillwater, MN, Zachary Morgan & Justin Stanley, applicants. Notice was published in the Stillwater Gazette on April 22, 2011 Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011- 68, Approving Issuance of a Brew Pub off -sale liquor license to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company, Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Case No. 2011 -04. This is the date and time for a public hearing to consider both: 1) rezoning of properties that are inconsistent with the 2030 Comprehensive Plan, and 2) possible adoption of an ordinance creating a new zoning district to be known as the PROS (Park, Recreation or Open Space) Zoning District. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 1, 2011. Vice Mayor Roush opened the public hearing and closed it after no comments. Page 5 of 12 City Council Meeting May 3, 2011 Community Development Director Turnblad reported that the Planning Commission has tabled the language for the Ordinance creating the new zoning district and since most of the rezonings are to the new district, it is recommended that this be tabled until the next meeting. Vice Mayor Roush reopened the public hearing. Motion by Councilmember Cook, seconded by Councilmember Polehna, to table until the next Council meeting. Case No. 2011 -06. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision for an after - the -fact variance to the minimum side yard setback (5 feet required/2.5 feet requested) for an attached deck and stairway. Notice was mailed to affected property owners and published in the Stillwater Gazette on April 8, 2011 (Continued from 4/19/11). Vice Mayor Roush opened the public hearing. Sarah Handley, 702 W. Churchill St., stated that following the last Council meeting, she and her husband, their neighbor, Colleen Walsh, Mike Pogge, and Councilmember Menikheim met in an effort to come to a resolution of this issue. She indicated that as a result of the meeting, she and her husband offered to build a privacy fence between the two properties to resolve the concern about the deck; and that this solution was agreed to by Ms. Walsh. No other comments were received, and the hearing was closed. Mr. Turnblad noted that the Council would still have to grant a variance for the deck to remain in the setback; and suggested that as a conditional of approval, the variance not become effective until after the new law related to variances is signed by the Governor. He pointed out that the law has passed both the Senate and House and is awaiting the Governor's signature. Councilmember Cook suggested rather than granting the variance contingent on the Governor's signature of the new law, it is tabled until the new law has been signed. Motion by Councilmember Cook, seconded by Councilmember Polehna to table approval until the Governor's signature of the new law. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Case No. 2011 -08. This is the date and time for a public hearing consider a request from Joe Jablonski, US Home Corp, for a final plat and final PUD approval for Millbrook 5th Addition for 37 single family homes located at Outlot H Millbrook Addition and any variances related thereto. Notices were mailed to affected property owners andpublished in the Stillwater Gazette on April 8, 2011. Community Development Director Turnblad reviewed the proposal and stated all but one of the conditions of the preliminary plat approval and Planned Unit Development have been met. The one condition that has not been met deals with the trail requirements. He indicated that at one time the Metropolitan Council had earmarked the Highway 96 right -of -way for an east -west regional trail; the location of the trail has now been changed to go along the former Zephyr tracks. Due to the change in the regional trail location, he pointed out that it is no longer necessary for the Millbrook developers to construct an internal trail segment to connect to Highway 96. He stated that staff is suggesting that an easement be created in the event the regional trail changes again in the future and he said the developers have agreed to do that. It was noted this has also been approved by the Joint Planning Board. Councilmember Polehna expressed that he thought the Highway 96 trail was still a viable plan; Mr. Turnblad pointed out Page 6of12 City Council Meeting May 3, 2011 that the Metropolitan Council has dropped that plan and removed it from the regional system and recognized that Brown's Creek would be the east -west connection. Councilmember Polehna spoke in favor of leaving the connection to Highway 96, noting that lots of bicyclists use Highway 96. Vice Mayor Roush opened the public hearing. No comments were received, and the hearing was closed. Councilmember Polehna asked about the ball fields and whether that work has been completed, noting that has been a point of contention in the past. Councilmember Polehna added that he wanted to be sure all the work the developer was supposed to complete has, in fact, been completed. City Attorney Magnuson responded that he was certain staff had signed off on the work in question but suggested a condition of approval could be the developer being up to date on prior commitments. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 69, Approval of the final plat, final PUD site plan and development agreement for Millbrook 5th Addition Case No. 2011 -08, contingent on the developer meeting obligations for parks and trails and other work. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Case No. 2011 -10. This is the date and time for a public hearing to consider a request from BWBR, Steve Erickson, representing Stillwater Area Public School District, for a Zoning Text Amendment to allow early childhood education in the RB, Two Family Residential District by special use permit. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. Community Development Director Turnblad stated the special use permit for the specific site has been tabled by the Planning Commission pending additional information from the School District. He added that the Planning Commission did approve the zoning text amendment to allow early childhood education in the RB District. Vice Mayor Roush opened the public hearing. Scott Van Meertan, 501 W. Hancock St., presented a petition of residents opposed to the specific site; and that they are not opposed to the zoning amendment, just to the specific site. He indicated that they would present additional signatures at the Planning Commission meeting and that they also have alternatives to the School Board's site. No other comments were received, and the hearing was closed. On a question by Councilmember Cook, Mr. Turnblad pointed out the zoning text amendment is not site - specific; it simply recognizes that early childhood education is similar to elementary school education, which is currently allowed in the RB District. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to approve the first reading of the zoning text amendment. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Page 7 of 12 City Council Meeting May 3, 2011 Case No. 2011 -11. This is the date and time for a public hearing to consider a request from Alpine Capital, LLC, for a zoning text amendment to the CTR, Cove Traditional Residential District, regarding garages. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 22, 2011. Mr. Turnblad reviewed the request and stated that the Planning Commission reviewed the request and recommended approval due to the minimal impact this change will have — allowing one or perhaps two more homes to have garages forward of the front of the house in this specific neighborhood; he noted this does not allow front - loaded garages. In discussion, it was noted that this neighborhood is not located on a through street and the homes only visible to the neighbors. Mr. Turnblad reiterated that neighbors were notified of the hearing. Vice Mayor Roush opened the public hearing. No comments were received, and the hearing was closed. Councilmember Cook questioned the percentage increase from 30 to 40 %. Mr. Turnblad answered that the figure is critical as the applicant has a purchase agreement with a buyer who wants a side - loaded garage in front of the house; the 30% allowable number has already been met, so in order to build this additional home, the suggested ordinance amendment is required. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the first reading of the ordinance for the zoning text amendment for the CTR District. Councilmember Cook asked how many vacant lots are left in this district. Mr. Turnblad replied with this approval, there would be three remaining lots, of which one additional house could have the side - loaded garage. Councilmember Cook questioned whether there would be an additional request for an increase in the future; and whether this change only affects this one neighborhood. Mr. Turnblad responded that at present, only this neighborhood is zoned CTR, but there is a possibility that some undeveloped area of the City could be zoned CTR in the future. Councilmember Cook expressed that possibility is what concerns her. Ayes: Councilmembers Menikheim, Polehna and Vice Mayor Roush Nays: Councilmember Cook UNFINISHED BUSINESS (CONT.) Possible approval of license for Segway Tours Mr. Turnblad noted the Council gave conceptual approval to allowing the operation at its last meeting, with the direction for staff to prepare a license, which is before the Council. Councilmember Polehna asked about insurance requirement; Mr. Turnblad and Mr. Magnuson responded that could be added. Councilmember Polehna suggested that there should also be insurance against property damage. Mr. Magnuson replied that there could be a requirement for a property damage clause in addition to the protection afforded by the public liability policy. Councilmember Polehna also questioned how the level of "serious complaints" is determined; Mr. Turnblad answered that any complaint received is brought to the administrator who decides whether to bring it before the Council. City Attorney Magnuson pointed out a license does grant any vested rights and can be revoked. Page 8 of 12 City Council Meeting May 3, 2011 Motion by Vice Mayor Roush, seconded by Councilmember Menikheim, to adopt Resolution 2011 -70, resolution granting license to Ready to Roll, Inc. for the operation of Segway Tours on city sidewalks with the addition of the insurance requirements as discussed. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None RETAP Energy Audit Mr. Hansen reported that staff met with people from RETAP to discuss the City Hall energy assessment. He explained that the facility fared well in the assessment exceeding the Department of Energy benchmarks for both electric use and fuel use. He added the assessment included six items recommended for replacement; he reviewed the six and plans to follow the recommendations when appropriate and feasible. Councilmember Cook thanked Mr. Hansen for following through on her request for the assessment. NEW BUSINESS Possible approval of contract for Crusin' on the St. Croix City Clerk Ward reviewed the event contract and conditions. On a question by Councilmember Cook, Ms. Ward replied that the sponsors were provided with information regarding the new special event policy and potential fees. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2011 -71, approval of contract for Cruisin' on the St. Croix. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Request for 24/7 parking ramp permit - Allen Okerman Community Development Director Turnblad reviewed the request and noted the applicant had been granted an off - season residential parking permit, which expired April 30. He indicated that the Parking Commission reviewed the request and, while understanding the applicant's difficulty, believes Rivertown Commons should rearrange its private lot to provide the three needed spaces for its residents. He indicated that in the interim, the Parking Commission suggested that the Council could permanently reserve three spaces in the small City -owned gravel lot at Mulberry and Second Street, with the condition that signage be paid for by Rivertown Commons and if the number of resident parking spaces increases in the future, the three spaces and any additional spaces should be leased by Rivertown Commons. Mr. Okerman expressed that he would prefer to park in the ramp. Councilmember Cook asked if there are other instances of seasonal permits that will be terminating; and Mr. Turnblad replied that two or three passes were sold for winter use, with Mr. Okerman the only one requesting an extension. On a question by Councilmember Cook, Mr. Turnblad explained how the Rivertown Commons lot could be reconfigured to obtain extra spaces, but noted there is an expenditure involved which isn't in the facility's budget at this time. Page 9 of 12 City Council Meeting May 3, 2011 Councilmember Polehna suggested the possibility of granting a temporary extension based on the fact that the applicant has a handicap sticker and directing staff to work with Rivertown Commons' management to address the long -term solution of reconfiguring the lot. Motion by Councilmember Polehna, seconded by Councilmember Menikheim extending the permit through April 30 of 2012 and directing staff to work with Rivertown Commons' management to reconfigure their lot. Mr. Turnblad questioned what more staff can do with Rivertown Commons, noting staff has already provided a possible design for the reconfiguration of the lot which will result in five additional spaces. Councilmembers Cook and Menikheim volunteered to talk with Rivertown Commons' management; Mr. Turnblad noted that management and ownership are two different things and that he could talk with management again about having staff park in the Mulberry lot. Councilmember Polehna's motion passed unanimously. Possible approval of agreement of assessment and waiver of irregularity and appeal Mr. Hansen reviewed the situation. He noted this involves no cost to the City, and the City will receive 4.5% interest on the special assessment. On a question by Vice Mayor Roush, Mr. Hansen answered that the property owners' may pursue action against the company that did the initial work resulting in the problem. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2011 -72, approval of agreement of assessment and waiver of irregularity and appeal. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Possible appointment to Board of Water Commissioners City Clerk Ward reviewed the recommended appointment. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011- 73, appointment of Steve Speedling to Board of Water Commissioners. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Possible appointments to Heritage Preservation Commission City Clerk Ward reviewed the recommended appointments to the Heritage Preservation Commission, noting the applicants had been interviewed. She also noted no applications have been received for openings on the Traffic Committee, so those openings and openings on the Human Rights Commission will be re- advertised. Motion by Councilmember Menikheim, seconded by Councilmember Cook to adopt Resolution 2011 -74, appointments to Heritage Preservation Commission. Ayes: Councilmembers Cook, Menikheim, Polehna and Vice Mayor Roush Nays: None Page 10 ofl2 City Council Meeting May 3, 2011 Parking request item Vice Mayor Roush noted this request regarding delaying the implementation of the summer pay - parking program had been received at the 4:30 session. It was Council consensus that this request be referred to the Parking Commission. Motion by Councilmember Cook, seconded by Councilmember Polehna to refer the request to the Parking Commission as recommended. All in favor. COUNCIL REQUEST ITEMS Councilmember Menikheim stated, as a new member, he would like to attend a League of Minnesota Cities conference in June; he noted that he did attend the initial training. He indicated that the cost would be $99. Motion by Councilmember Polehna, seconded by Vice Mayor Roush, to approve Mr. Menikheim's attendance at the League of Minnesota Cities conference, including registration and hotel. Councilmember Cook pointed out that she thought no travel was being approved at this time. Vice Mayor Roush asked if there was funding available for the estimated $300 for tuition, gas, and one night's lodging; Mr. Hansen responded in the affirmative. Councilmember Cook asked if the City has a training/travel policy. Mr. Hansen replied that there is some required training, but otherwise the City isn't paying for staff to attend conferences unless somebody else is paying for it; he indicated that it is not a formal policy, but the result of three years of really tough budgeting. Councilmember Menikheim stated that he would be willing to pay if it is a burden on the City or put the money in escrow for reimbursement if funds become available. Vice Mayor Roush noted that Mr. Hansen did recommend attendance. Councilmember Cook suggested that the Council ought to set the example if the budget is so tight that other people's travel is restricted. Motion passed 3 -1, with Councilmember Cook voting against. Councilmember Cook asked if the response from MnDOT regarding the issue of bridge safety had been posted on the City's web site. City Clerk Ward responded that there is a link to the MnDOT site with its response. STAFF REPORTS (CONTINUED) Police Chief Gannaway reported that the City had received its first applicants for the City's new peddlers' license and that two complaints were subsequently received. He stated that officers responded and stopped a vehicle with five occupants, several of whom had forged solicitor permits. City Clerk Ward reviewed the requirements of the new ordinance, which requires that anyone who knocks on a resident's door, to provide the City permit and photo ID; she noted that background checks are required for the license applicants. Page 11 of 12 City Council Meeting May 3, 2011 ADJOURNMENT Motion by Councilmember Cook, seconded by Councilmember Polehna, to adjourn at 8:35 p.m. All in favor. Jim Roush, Vice Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -66, directing payment of bills Resolution 2011 -67, approving Issuance of a Brew Pub off -sale liquor license to Lift Bridge Brewing Technologies, LLC, DBA: Lift Bridge Brewing Company. Resolution 2011 -68, Approving Issuance of a Brew Pub off -sale liquor license to Stillwater Brewing Company, LLC, DBA: Stillwater Brewing Company, Resolution 2011 -69, Approval of the final plat, final PUD site plan and development agreement for Millbrook 5th Addition Case No. 2011 -08 Resolution 2011 -70, resolution granting license to Ready to Roll, Inc. for the operation of Segway Tours on city sidewalks with the addition of the insurance requirements as discussed. Resolution 2011 -71, approval of contract for Cruisin' on the St. Croix. Resolution 2011 -72, approval of agreement of assessment and waiver of irregularity and appeal. Resolution 2011 -73, appointment of Steve Speedling to Board of Water Commissioners. Resolution 2011 -74, appointments to Heritage Preservation Commission Ordinance 1029 amending Chapter 43, Liquor Ordinance to include the issuance of a Brew Pub Off -Sale Liquor License. Page 12of12 Stillwater Fire Department Memo To Mayor Harycki and Council ti- From Stuart W. Glaser, Fire Chien Date: May 11, 2011 Re: Staff Report - Department Staffing Discussion Background The Stillwater Fire Department operates as a combination Fire Department with a mixture of paid -on-call staff and a minimum number of full -time personnel. The key to this deployment model is having a cadre of highly trained paid -on-call responders to supplement and respond to emergency calls when needed. Over the past several months the Department has experienced a number of resignations from the paid - on -call ranks leaving staffing levels at a conceming level (see attached SFD 2011 staff roster). Currently, the Department has six (6) paid -on -call and one (1) full -time position vacant for a total of seven (7) vacancies. In addition, the Department has at least eight (8) personnel who are eligible to retire immediately. If this occurs the City would be looking at up to 15 open positions in the Fire Department. This is a significant staffing issue with tremendous implications for the City. The investment to hire, train, and equip a firefighter, regardless if they are paid-on-call or full -time, are approximately $7,300.00 dollars for the first year (see attached cost of hiring and equipping your new firefighter). As you can see, this adds up quickly and paid -on -call hiring has become a constant activity over the past several years. This item is being brought to your attention because the current Department budget is not currently funded to support the need to replace the much needed staff. I look forward to discussing this with all of you in more detail at the meeting. Council Action Council discussion. Attachments: Stillwater Fire Department 2011 Staff Roster Cost of Hiring and Equipping Your New Firefighter 1 STILLWATER FIRE DEPARTMENT 2011 STAFFROSTER NAME POSITION YEARS OF SERVICE 1. M. Aspengren Paid -on -call Firefighter 7 2. T. Ballis Full -time Deputy Chief 9 3. Jk. Bell Paid -on -call Firefighter /Engineer 4 4. J. Bell Full -time Firefighter/Engineer 25 5. T. Bell Paid -on -call Firefighter /Engineer 41 6. Jn. Buckley Paid -on -call Assistant Chief 29 7. J. Buckley Paid -on -call Captain 25 8. J. Conley Paid -on -call Firefighter 7 9. H. Gable Paid -on -call Firefighter 0 10. S. Glaser Full -time Chief 25 11. P. Gresafe Paid -on -call Firefighter 4 12. J. Halaska Paid -on -call Firefighter 1 13. S. Hamond Paid -on -call Firefighter 1 14. C. Jansen Full -time Captain 6 15. T. Jozefow Paid -on -call Firefighter /Engineer 5 16. B. Junker Paid -on -call Firefighter 3 17. B. Kroening Paid -on -call Lieutenant 20 18. J. Kruse Paid -on -call Firefighter 1 19. T. Linhoff Paid -on -call Assistant Chief 36 20. J. Marchetti Paid -on -call Lieutenant 4 21. J. Nobles Paid -on -call Captain 15 22. K. Olson Full -time Firefighter/Engineer 8 23. M. Peltier Paid -on -call Firefighter 20 24. R. Peltier Paid -on -call Captain 10 25. T. Peltier Paid -on -call Firefighter 16 26. B. Peltier Full -time Firefighter/Engineer 31 27. C. Rigney Paid -on -call Firefighter 0 28. J. Roettger Paid -on -call Lieutenant 11 29. S. Rugloski Paid -on -call Firefighter 11 30. K. Schmitz Paid -on -call Firefighter /Engineer 23 31. K. Stanley Paid -on -call Firefighter 10 32. J. Werpy Paid -on -call Firefighter /Engineer 5 33. C. Zeuli Full -time Captain 19 34. R. Zoller Paid -on -call Assistant Chief 28 35. S. Zoller Full -time Firefighter/Engineer 16 36. Vacant POC 37. Vacant POC 38. Vacant POC 39. Vacant POC 40. Vacant POC 41. Vacant POC Vacancies Occurring Since April 2010 D. Catt Paid Firefighter /Engineer 4 on call J. Fallin Paid Firefighter 3 on call M. Milder Paid Firefighter 0 on call M Tor Paid Firefighter J- on call R. Poutre" Paid Firefighter /Engineer 6 on call A. Stewart Paid Firefighter 3- on call J. Swanson Paid Firefighter /Engineer 4-6 on call R. Valley Paid Firefighter 4 on call Red Strike Out Resigned from Service Yellow Highlight - Eligible to Retire - Unfilled Full -time Vacancy Cost of Hiring and Equipping Your New Firefighter Hiring (Minimum costs for new recruit hiring process.) Written Exam $ 25.00 SCBA Fit Testing $ 25.00 Pre- Employment Drug Testing & Physical $ 300.00 Background Investigation $ 600.00 Psychological Exam $ 390.00 Physical Ability Test $ 85.00 Interviews $ 53.00 Total $ 1,478.00 Mandatory Minimum Training /Licensing (New hires with experience are preferable and hired when possible.) Fire Fighter I $ 850.00 Fire Fighter II $ 550.00 EMS Training $ 550.00 Haz Mat Training $ 450.00 Terrorism Training $ 100.00 Licensing (every 3 years) $ 75.00 Total $ 2,575.00 Personal Protective (Turnout) Gear (New hires outfitted with existing gear whenever possible.) Helmet $ 300.00 Bunker Gear (Coat & Pants) $ 1,800.00 SCBA Facepiece $ 300.00 Gloves $ 90.00 Structural Fire Boots $ 250.00 Total $ 2,740.00 Uniform Apparel (Generally, new hires require individually sized uniform articles.) Uniform Shirt(s) $ 100.00 Uniform Pants $ 55.00 Uniform Response Jacket $ 125.00 Cap/Tie /Brass $ 100.00 Uniform Boots $ 135.00 Total $ 515.00 Total Hiring. Training, & Equipment Cost for First Year Hiring $ 1,478.00 Training $ 2,575.00 Personal Protective (Turnout) Gear $ 2,740.00 Uniform Apparel $ 515.00 Grand Total $ 7,308.00 RESOLUTION 2011 -75 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 $300,065.72 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 17th day of May, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -75 Ace Hardware Action Rental, Inc. Amano McGann, Inc. Aramark Uniform Services Aspen Mills AT &T Atlas Management Group B & B Products /Rigs and Squads BDI Gopher Bearing Becker Arena Products Bixby Portable Toilet Service Board of Water Commissioner Buberl Recycling & Compos Carquest Auto Parts ChloeNoel Skate & Sportswear Clark, Luann Cub Foods Deger, Bruce Ess Brothers & Sons Inc. Fastenal Company First State Tire Recycling Fuhr Trenching Fury Dodge Chrysler Fury Motors Glewwe Doors Goodin Company Harycki, Kenneth Helmer Printing Inc. Heritage Printing, Inc. Ice Skating Institute International Assoc Property & J.B. Contracting J.H. Larson Electric Kath Companies Kremer Services, LLC Kreuser, Jill L.T.G.Power League of Minnesota Cities Linner Electric Loffler Madden.Galanter.Hansen LLP Menards Metropolitan Council Monson Gimpl, Jennifer Supplies Concrete trailer rental and concrete Furnish & Install 2 Park Ramp Ticket Dis Uniforms, Mats, Towels Uniforms Telephone Reimburse for unused Prking Ramp Tick Flood Repaired Vehicle Grease Lubricants for Sweeper Caster wheel Unit Rentals Repair Hydrant Recycle Brush Waste Vehcile Repair Supplies Skating Uniforms for Resale Cleaning PW & City Hall for Month Supplies Park Deposit Refund Pioneer Park Agua Seal Tubes Repair Supplies Tire Recycling Repair Sewer Service Vehcile Repair Vehicle Repair Repaired Door Equipment Repair Supplies Reimburse for Exp Washington DC Testimony Learn To Skate Flyers 4 x 4 Hockey Flyers Skater Memberships Property room trainng Stender and Junker Lily Lake Restroom Imp & Replace door TB Lights & Bit Hydraulic oil for sweepers Shackle Kit Park Deposit Refund Teddy Bear Park Repair Chain Saw Doug Menikheim Annual Conference Wire Disconnect Maintenance Agreement Labor Relations Service Repair Supplies Wastewater Charge June 2011 Refund Park Deposit Teddy Bear Park 340.84 203.06 10,000.00 720.92 2,725.73 99.19 2,160.00 115.36 171.58 74.34 596.42 151.19 72.00 1,025.69 99.70 2,115.00 19.10 100.00 630.56 13.25 91.20 1,000.00 142.19 123.73 194.00 115.39 168.00 1,109.45 215.94 806.00 675.00 Park 15,482.00 257.37 333.98 218.11 100.00 71.50 99.00 438.50 2,335.36 57.50 1,062.37 119,240.94 100.00 EXHIBIT "A" TO RESOLUTION #2011 -75 MRPA Office Depot Otis Elevator Co. Papco, Inc. Peterson Decorating R &R Specialties, Inc. Regions Hospital River Market Co -Op Rose Floral Safety Signs SGC Horizon LLC Sprint PCS Sprint St. Croix Recreation Co. St. Joseph Equipment Stillwater Motor Company Stillwater Rotary Club Stillwater Towing Sun Newspapers SW /WC Service Cooperatives Tessman Seed Co. - St. Paul Toll Gas & Welding Supply Verizon Wireless Veterans Memorial Yocum Oil Company Zayo LIBRARY Ace Hardware Afton Historical Society Press Amano McGann Baker & Taylor Bertalmio, Lynne BWI Brodart Demco Gaylord Midwest Tapes Papco Quill Xcel Energy Page 2 Nat Playground Safety Institute Exam Office Supplies ADA Compliant Phone Fuse Assembly Paint Police Entry Door Repair 520 Zamboni EMT Training Reimburse 118 unused Flood Parking Permits Plants for downtown pots Barricades for flood 2011 Street Improvement Project Cell Phone CeII Phone 2 Aluminum Benches, Swing Seats & Shackles Equipment Repair Supplies Squad Repair Membership & Dues 2nd Qtr 2011 Vehicle Towing Publications Retiree Health Insurance & Cobra Health Ins. Seed Gas Cylinder Cell Phone 1st Qtr 2011 Maintenance Agreement Fuel Telephone Janitorial Supplies Book Janitorial Supplies Library Materials Reimburse for Mileage Library Materials Library Materials Processing Supplies Storage Cartons AV Materials Janitorial Supplies Supplies Utilities 125.00 484.60 771.00 1,053.79 78.64 329.86 1,310.00 118.00 407.45 675.00 63.00 90.78 88.88 1,105.09 1,141.21 411.54 182.50 94.64 239.44 56,858.62 7,926.31 19.74 1,881.60 4,347.00 4,113.00 566.53 8.99 31.10 14.00 32.72 51.00 489.13 815.73 62.97 55.55 402.23 108.25 249.34 4,330.07 EXHIBIT "A" TO RESOLUTION #2011 -75 Page 3 ADDENDUM Bald Eagle Sportsmen's Assn. Campion,Barrow & Associates Creative Product Sourcing, DARE Fire Safety USA General Security Services Johnson, Gary Kirvida Fire Inc. Magnuson Law Firm MN Board of Peace Officers Minnnesota Shredding LLC Nelcom Wireless Communications Neopost Qwest River Valley Printing Sanders Wacker Bergly Inc. Stillwater Glass Tee's Plus TireProz Usable Life US Post Office UPS Xcel Energy EXHIBIT "A" TO RESOLUTION #2011 -75 Adopted by the City Council this 17th Day of May, 2011 25 Yd Range Professional Services Dare Supplies Equipment for New Fire Truck Alarm Monitoring Reimburse Parking Ramp Fee Repair Fire Truck Professional Services License Recyling HHW Day Repair Tornado Siren Ink Cartridge Postage Machine Telephone Business Cards Pedestrian Walkway Window Replacement City Hall Dare Supplies Tires Insurance Standard Mail Permit Freight Electricity, Gas 200.00 980.00 126.23 55.00 81.28 5.00 1,122.66 7,439.33 90.00 760.00 947.20 167.78 450.10 44.89 10,860.00 575.00 478.17 99.98 398.40 190.00 54.59 17,934.35 TOTAL 300,065.72 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -75 Ace Hardware Action Rental, Inc. Amano McGann, Inc. Aramark Uniform Services Aspen Mills AT &T Atlas Management Group B & B Products /Rigs and Squads BDI Gopher Bearing Becker Arena Products Bixby Portable Toilet Service Board of Water Commissioner Buberl Recycling & Compos Carquest Auto Parts ChloeNoel Skate & Sportswear Clark, Luann Cub Foods Deger, Bruce Ess Brothers & Sons Inc. Fastenal Company First State Tire Recycling Fuhr Trenching Fury Dodge Chrysler Fury Motors Glewwe Doors Goodin Company Harycki, Kenneth Helmer Printing Inc. Heritage Printing, Inc. Ice Skating Institute International Assoc Property & J.B. Contracting J.H. Larson Electric Kath Companies Kremer Services, LLC Kreuser, Jill L.T.G.Power League of Minnesota Cities Linner Electric Loffler Madden.Galanter.Hansen LLP Menards Metropolitan Council Monson Gimpl, Jennifer Supplies Concrete trailer rental and concrete Furnish & Install 2 Park Ramp Ticket Dis Uniforms, Mats, Towels Uniforms Telephone Reimburse for unused Prking Ramp Tick Flood Repaired Vehicle Grease Lubricants for Sweeper Caster wheel Unit Rentals Repair Hydrant Recycle Brush Waste Vehcile Repair Supplies Skating Uniforms for Resale Cleaning PW & City Hall for Month Supplies Park Deposit Refund Pioneer Park Agua Seal Tubes Repair Supplies Tire Recycling Repair Sewer Service Vehcile Repair Vehicle Repair Repaired Door Equipment Repair Supplies Reimburse for Exp Washington DC Testimony Learn To Skate Flyers 4 x 4 Hockey Flyers Skater Memberships Property room trainng Stender and Junker Lily Lake Restroom Imp & Replace door TB Park Lights & Bit Hydraulic oil for sweepers Shackle Kit Park Deposit Refund Teddy Bear Park Repair Chain Saw Doug Menikheim Annual Conference Wire Disconnect Maintenance Agreement Labor Relations Service Repair Supplies Wastewater Charge June 2011 Refund Park Deposit Teddy Bear Park 340.84 203.06 10,000.00 720.92 2,725.73 99.19 2,160.00 115.36 171.58 74.34 596.42 151.19 72.00 1,043.12 99.70 2,115.00 19.10 100.00 630.56 13.25 91.20 1,000.00 142.19 123.73 194.00 115.39 168.00 1,109.45 215.94 806.00 675.00 15,482.00 257.37 333.98 218.11 100.00 71.50 99.00 438.50 2,335.36 57.50 1,062.37 119,240.94 100.00 EXHIBIT "A" TO RESOLUTION #2011 -75 Page 2 MRPA Office Depot Otis Elevator Co. Papco, Inc. Peterson Decorating R &R Specialties, Inc. Regions Hospital River Market Co -Op Rose Floral Safety Signs SGC Horizon LLC Sprint PCS Sprint St. Croix Recreation Co. St. Joseph Equipment Stillwater Motor Company Stillwater Rotary Club Stillwater Towing Sun Newspapers SW /WC Service Cooperatives Tessman Seed Co. - St. Paul Toll Gas & Welding Supply Verizon Wireless Veterans Memorial Yocum Oil Company Zayo Nat Playground Safety Institute Exam Office Supplies ADA Compliant Phone Fuse Assembly Paint Police Entry Door Repair 520 Zamboni EMT Training Reimburse 118 unused Flood Parking Permits Plants for downtown pots Barricades for flood 2011 Street Improvement Project Cell Phone Cell Phone 2 Aluminum Benches, Swing Seats & Shackles Equipment Repair Supplies Squad Repair Membership & Dues 2nd Qtr 2011 Vehicle Towing Publications Retiree Health Insurance & Cobra Health Ins. Seed Gas Cylinder Cell Phone 1st Qtr 2011 Fuel Telephone 125.00 484.60 771.00 1,053.79 78.64 329.86 1,310.00 118.00 407.45 675.00 63.00 90.78 88.88 1,105.09 1,141.21 411.54 182.50 94.64 216.48 56,858.62 7,926.31 19.74 1,881.60 4,347.00 4,113.00 566.53 Memorandum i1Iwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/10/2011 Re: Fireworks Permits for Target & Cub Foods Application and fees have been received by Target & Cub Foods for the sale of fireworks at their facility. The fire department will complete an inspection prior to the issuance of the permit. Washington onnty April 29, 2011 Fire Chiefs Police Chiefs Administrators County Department Heads Office of the Sheriff Commitment to ExceOCence William M. Hutton Sheriff Daniel Starry Chief Deputy The 800 MHz Public Safety Radio System Advisory Board met on March 11, 2011. There was discussion about the Motorola warranty on the portable and mobiles that are in use across the county. Many of these warranties will start expiring in June of 2011; see the attached spreadsheet for all agencies. The minimum cost to repair a radio through Motorola so far has been $350.00. As the warranties expire on all the radios on the 800 MHz system each agency has four options for the continued maintenance of their radios. Agency Options 1. Each agency or department would take care of their own radio repair as needed at their cost without a warranty. 2. An extended warranty can be purchased through Motorola at the annual cost of $36.48 per portable per year and $51.24 per mobile per year. Each agency or department will be responsible for these costs and will deal directly with Motorola for warranty support. Motorola pays for shipping each way. 3. AnCom Inc has offered to enhance the Motorola warranty with an additional cost on top of the cost for option #2. For an additional $3.00 per portable per month and $4.00 per mobile per month, AnCom would be a first line trouble shooter for the radios. If an agency has a problem with a mobile radio, AnCom would come to their site and trouble shoot. If there was a problem with a mobile, they would remove it from the vehicle, install a spare if there was one available and then send the radio in for repair. They would then reinstall it when it the radio was repaired. If there was a minor problem with the power to the radios or an antenna connection in the vehicle, they would repair it. If there was a portable radio issue, they would pick up the radio and send it for repair and then return it. 4. Self - insure the radios as part of 800 MHz user group. The repair funds would be kept separate and be used only for the repair of a radio in the self - insured group. Self - Insurance Program The purpose of the program is to spread the risk of the maintenance cost among the users, thereby reducing the cost. This would be done by pooling money as a group to cover any necessary repairs. The intention of the plan is to cover all repairs, however if there is damage due to negligence or damage that is covered by a member's insurance those costs should not be the responsibility of the group. Law Enforcement Center • 15015 62nd Street North — P.O. Box 3801, Stillwater, Minnesota 55082 -3801 Phone: 651 -430 -7600 • Fax: 651 - 430 -7603 • TTY: 651 - 430 -6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action If an agency or department decides to participate in the program, you will be invoiced monthly for the number of radios that you have on the system. The exact cost of this program per radio will be dependent on the number of agencies that are interested in participating. The anticipated fee is $1.00 per radio per month. If all agencies on the system participated, we would raise $16,596 in the first 12 months. The money collected for the radio repair fund shall remain in the fund and not be refunded if an agency or department decides to leave the radio repair program. If an agency wants to join the radio repair fund, we will make an addendum to the Communications System Subscriber Agreement that the agency has with the County. This addendum will detail the Radio Repair Fund. Program Management I would propose that the $1.00 per radio per month be invoiced per agency until the repair fund balance reaches $16,000.00. Once the fund reaches $16,000, the monthly charge would stop until the repair fund falls to $5,000.00, at which time we would begin to invoice again until the repair fund was at $16,000.00. We chose the $16,000 balance due to minimum costs that would have been charged if we didn't have the current warranty in place. Below is the number of radios repaired by Motorola that came through the Washington County Sheriff's Office. 2009 -29 radios at a minimum cost of $350.00 per radio to repair, 2009 cost would have been $10,150.00 2010 -22 radios at a minimum cost of $350.00 per radio to repair, 2010 cost would have been $7,700.00 2011 -10 as of 04/18/2011 As indicated in the attached spreadsheet, warranties on most of the radios on the system will expire in 2011. There are some radios that have been purchased individually by agencies or departments in the last couple of years that will have active extended warranties not listed on the spread sheet. Trying to track those radios and bill separately would be a challenge. I propose that if a majority of an agencies radio warranties expire in 2011, that agency would begin to pay the per month radio repair fee in June of 2011. If an agencies radio warranties expire in 2012, that agency would start to pay the per month radio repair fee in January of 2012. After January 2012, any agency or department that decides to participate in the program will pay the per month radio repair fee no matter when the warranty expires on the radio. The Radio Manager will maintain the maintenance records of the radios and will be responsible for shipping the radio to Motorola for service. New Radios on the system Any department or agency that opts in for the radio repair fee would not need to purchase the two (2) year extended warranty on any new radio that is purchased from a dealer. The two (2) year extended warranty from Motorola has been $65.00 at the time of the radio purchase. If your agency is interested in joining the Washington County Public Safety Radio System in self insuring your radios, please contact me by May 15, 2011 and I can put together a plan depending on the total number of radios that we will self insure. Dean Tilley Radio System Manager Washington County Sheriff s Office 651- 430 -7863 MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: May 13, 2011 Subject: Electronic Newsletter Currently the City is printing one newsletter a year to send out to the residents. The cost to print this newsletter is $1200 and another $450 for postage. We would like to move to electronic newsletters that would be e- mailed out to the residents. We have looked into many e -mail marketing companies and have decided on Constant Contact. This company will do everything we need and because we are members of the Greater Stillwater Chamber of Commerce we can get a 25% discount. With this discount our cost for one year would be $270. Use of this would allow us to send out newsletter as often as we want. It would also allow us to manage e-mail lists for council, boards, commissions and committees for all departments. Currently these lists are maintained in Outlook and are sent out to hundreds of people. We need to get away from this practice because we may end up on a blacklist (someone reporting us as a spammer) and it is very hard to get off a blacklist. We will have the ability to import all our current e -mail lists and we will also be able to put a "Join Our Mailing List" button on our website so that people can sign up to get our newsletter or other information. There are many possibilities for all departments to use this tool from Elections to volunteers and more. Once we start using it, I believe the benefits will far outweigh the small cost. We can also integrate this with our Facebook page. However, some of our residents may not be able to receive electronic newsletters. So we will be putting a stuffer in our July utility bills that will be focused on communications with residents. In this stuffer, that will go out to every household in Stillwater, we will provide information on Constant Contact, Facebook, and our website. We will let residents know that if they cannot receive electronic newsletters they can contact City Hall and we will send them out a hard copy of the newsletter that we print off on the copier. However, in this era of technology, I believe the amount of people who request this will be very small. Staff is requesting permission to use Constant Contact and begin sending out electronic newsletters. A4.43r0-2,-114 etti2M44 1r( (k4-1C4144U141 r MEMORANDUM To: Mayor and City Council From: Shawn Sanders, irector of Public Works Date: May 11, 2011 Subject: Water Quality Monitoring Service Agreement DISCUSSION Attached is an agreement with the Washington Conservation District (WCD) to perform water quality monitoring for Lily Lake and the Jaycee ballfield wetland area. Water quality monitoring includes Secchi depth, phosphorous and chlorophyll. This information provides the City, the Met Council and the WCD on the overall quality of the lake and how it compares to previous years. The cost for the monitoring for 2010 is $1060; this includes costs for sampling and associated lab work. Once again in 2011, a resident volunteer will be obtaining the samples for Lily Lake. RECOMMENDATION It is recommended that Council authorize the approval of the 2011 Service Agreement Between Washington Conservation District and the City of Stillwater for water quality testing in Lily Lake and the Jaycee ballfield drainage area in the amount of $1,060.00. ACTION REQUIRED If Council concurs with the recommendation, a motion should be passed approving the 2011 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF STILLWATER APPROVING THE 2011 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF STILLWATER WHEREAS, an agreement to perform water quality monitoring for Lily Lake and the Jaycee ballfield wetland area has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council is hereby approved. Adopted by the City Council this 17th day of May 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Contract Number: 11 -01 Stillwater 2011 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND THE CITY OF STILLWATER A. PARTIES This Agreement is made and entered into by Washington Conservation District, (WCD), and the City of Stillwater. B. PURPOSE WHEREAS, the City of Stillwater has requested assistance from the WCD to implement the policies specified in MINN. STAT. §§ 103A.206 and 103D.201; and WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7 and 103D.335, subd. 21. NOW, THEREFORE, the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2011 to December 31, 2011 unless extended or terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described the attached Exhibits. E. COST In full consideration for services under this agreement, the WCD shall charge the City of Stillwater for its services at the rate set forth in Section F. Costs for services for activities detailed in the attached Exhibit include: Exhibit A: Water Monitoring - $1,060 Any additional costs for special studies or capital projects must be set forth in a written amendment to this Agreement. F. BILLING RATE AND PAYMENTS 1. Services in Exhibit A are billed on a lump sum basis for services and on an actual cost basis for lab and project expenses and is estimated at $1,060 unless written notification is provided and otherwise authorized by the City of Stillwater. 2. Invoices for Exhibit A will be sent on a quarterly basis and will include any project expenses 3. Invoices are payable by the City of Stillwater within 60 days. 4. Office supplies, normal office reproduction expenses, and transportation are included in the .hourly rate. Other expenses are to be reimbursed at actual cost. G. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS 2011 City of Stillwater Agreement 11 -01 Stillwater Page 1 During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. L DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. Or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may be amended. J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the City of Stillwater mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. This paragraph does not diminish, with respect to any third party, any defense, immunity or liability limit that the WCD or the City of Stillwater may enjoy under law. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the WCD as the agent, representative, or employee of City of Stillwater for any purpose or in any manner whatsoever. The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of 2011 City of Stillwater Agreement 11 -01 Stillwater Page 2 any work or services required by the WCD under this Agreement, shall have no contractual relationship with the City of Stillwater and shall not be considered employees of the City of Stillwater. M. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the WCD and the City of Stillwater shall not require written approval. N. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph M above concerning a non- material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. O. TERMINATION Either the WCD or the City of Stillwater may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the City of Stillwater terminates this Agreement, it may specify work to be performed by the WCD before termination is effective and shall pay the WCD for services performed by the WCD up to the time specified for termination. If the WCD terminates the Agreement, it will not be compensated for part completion of a task except to the extent part completion has value to the City of Stillwater. P. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the City of Stillwater used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the City of Stillwater.. The City of Stillwater shall have the sole right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. 2011 City of Stillwater Agreement 11 -01 Stillwater Page 3 2011 SERVICE AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: CITY OF STILLWATER WCD BY: BY: Mayor Date Board Chair Date BY: BY: City Clerk Date WCD Manager Date Approval as to form and execution: Date 2011 City of Stillwater Agreement 11 -01 Stillwater Page 4 EXHIBIT A: WASHINGTON CONSERVATION DISTRICT WATER MONITORING SERVICES Waterbody Labor Cost Lab Total Cost/Site Notes Lily Lake $0 $550 $550 Surface water quality sampling 14x/year Jaycees Ballfield Drainage to McKusick Lake at Myrtle St. $0 $0 $0 7 grab samples for TP, TSS (Costs paid through MSCWMO) Jaycees Ballfield Drainage to McKusick Lake at Meadowlark Dr. $385 $125 $510 7 grab samples for TP, TSS Total $385 $675 $1,060 2011 City of Stillwater Agreement 11 -01 Stillwater Page 5 BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 Phone: 651 - 439 -6231 • FAX: 651 - 439 -4061 April 14, 2010 Diane Ward 216 4th StN Stillwater, MN 55082 In compliance with Article XIII, Section 12 of the City Chapter, I respectfully submit the Financial Statement of the Board of Water Commissioners for the year end December 31, 2010. Robert Benson Manager Lars•nAI leg CPAs, Consultants & Advisors www.iarsonallen.com Mr. Robert Benson, Manager Stillwater Board of Water Commissioners Stillwater, Minnesota Dear Mr. Benson: In planning and performing our audit of the financial statements of Stillwater Board of Water Commissioners (the Commission), a component unit of the City of Stillwater, Minnesota, for the year ended December 31, 2010, in accordance with auditing standards generally accepted in the United States of America, we considered the Organization's internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. However, during our audit, we became aware of certain matters that are opportunities for strengthening internal controls and operating efficiency. This letter summarizes our comments and suggestions regarding those matters. This letter does not affect our report dated March 22, 2011, on the financial statements of Stillwater Board of Water Commissioners. Accounting Procedures Manual We noted that the Commission does not have a complete and current accounting procedures manual. There may be an assumption that because the Commission's accounting system is relatively simple and accounting personnel have direct and easy access to the Manager when questions arise, there is no need for a manual. However, written procedures, instructions, and assignments of duties assist in preventing or reducing misunderstandings, errors, inefficient or wasted effort, duplicated or omitted procedures, and other situations that can result in inaccurate or untimely accounting records. A well- devised accounting manual can also help to ensure that all similar transactions are treated consistently, that accounting principles used are proper, and that records are produced in the form desired by management. A good accounting manual should aid in the training of new employees and allow for delegation to other employees of some accounting functions that management performs. It will take some time and effort for management to develop a manual; however, we believe this time will be more than offset by time saved later in training and supervising accounting personnel. Repairs and Maintenance We noted during our review of capital asset additions that several items coded as capital asset improvements were actually repairs and/or maintenance to a current asset and should be expensed. It is important to properly identify activities between repairs and improvements /additions. An item should be expensed as a repair and maintenance if it is replacing a portion of a larger asset in order to allow the original asset to continue to function as it was originally intended. If an item improves the performance of the asset or is an addition to the asset, then it would qualify as an improvement and should be capitalized. NEXIA INTERNATIONAL An independent member of Nexia International Mr. Robert Benson, Manager Stillwater Board of Water Commissioners Page 2 We will review the status of these comments during our next audit engagement. We have already discussed many of these comments and suggestions with various organization personnel, and we will be pleased to discuss them in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. LarsonAllen LLP Minneapolis, Minnesota March 22, 2011 LarsonAlleri CPAs, Consultants & Advisors www.larsonallen.com Board of Water Commissioners Stillwater, Minnesota We have audited the financial statements of the Stillwater Board of Water Commissioners, for the year ended December 31, 2010, and have issued our report thereon dated March 22, 2011. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under U.S. Generally Accepted Auditing Standards As stated in our engagement letter dated January 11, 2011, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. 1. Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement. 2. As part of our audit, we considered the internal control of the Stillwater Board of Water Commissioners. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. 3. We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures specifically to identify such matters. 4. We are responsible for communicating matters regarding the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minnesota Statute §6.65. Other Information in Documents Containing Audited Financial Statements Our audit opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a client prepared document, such as an annual report, should be done only with our prior approval and review of the document. Our responsibility for other information in documents containing the entity's financial statements and report does not extend beyond the financial information identified in the report. We do not have an obligation to perform any procedures to corroborate other information contained in such documents. Planned Scope and Timing of the Audit We performed the audit according to the planned scope and timing previously communicated to you in our meeting about planning matters on February 22, 2011. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Stillwater Board of Water Commissioners are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2010. NEXIA INTERNATIONAL An independent member of Nexia International Board of Water Commissioners Page 2 Qualitative Aspects of Accounting Practices (Continued) We noted no transactions entered into by the Stillwater Board of Water Commissioners during the year for which there is a lack of authoritative guidance or consensus. We noted no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management's estimate of the useful lives of capital assets is based on authoritative guidance and past experience. We evaluated the key factors and assumptions used to develop this estimate in determining that it is reasonable in relation to the financial statements taken as a whole. Management's estimate of other postemployment benefits payable is based on an actuarially determined calculation, less actual payments incurred on behalf of retirees and an actuarially determined estimate of implicit rate subsidy, which is the estimated increased cost of premiums due to inclusion of retirees in the same plan as the Board of Water Commission's active employees. The disclosures in the financial statements are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. The following material misstatements detected as a result of audit procedures were corrected by management: • Adjust interest receivable to actual • Adjust amount due from the City • Adjust inventory, prepaid expense, and accounts receivable to actual • Adjust accrued wages, sick and vacation accruals, and longevity accruals to actual • Entry to amortize bond issue costs • Adjust special assessments to actual • Record depreciation expense and capital asset activity. • Reclassify deferred revenue from accounts receivable Management did not identify and we did not notify them of any uncorrected financial statement misstatements. Board of Water Commissioners Page 3 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 22, 2011. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Stillwater Board of Water Commissioners' financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Stillwater Board of Water Commissioners' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the Members of the Board of Water Commissioners and management and is not intended to be and should not be used by anyone other than these specified parties. LLP LarsonAllen LLP Minneapolis, Minnesota March 22, 2011 Lars•nAlleg CPAs, Consultants & Advisors www.larsonallen.com Board of Directors Board of Water Commissioners Stillwater, Minnesota In planning and performing our audit of the financial statements of the basic financial statements of the Stillwater Board of Water Commissioners as of and for the year ended December 31, 2010, in accordance with auditing standards generally accepted in the United States of America, we considered the Stillwater Board of Water Commissioners' internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and, therefore, there can be no assurance that all such deficiencies have been identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified certain deficiencies in internal control that we consider to be material weaknesses. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We consider the following deficiencies in Stillwater Board of Water Commissioners' internal control to be material weaknesses: Limited Segregation of Duties Due to the Board of Water Commissioners' limited number of office personnel, segregation of the accounting functions that is necessary to ensure adequate internal accounting control may not be possible. This is not unusual in an operation the size of the Board of Water Commissioners; however, the Board of Water Commissioners should constantly be aware of this condition and realize that the concentration of duties and responsibilities in a limited number of individuals is not desirable from an accounting point of view. This area should be reviewed periodically and consideration given to improving the segregation of duties. In making this review, it is most important to consider the benefit derived as weighed against the cost of the improvements. Management believes it is currently not economically feasible for the Board of Water Commissioners to hire additional staff in order to adequately segregate all incompatible duties. Therefore, the Board of Water Commissioners needs to be sufficiently involved in the oversight process and controls and responsibilities should be reviewed periodically. NEXIA INTERNATIONAL An independent member of Nexia International Board of Directors Board of Water Commissioners Page 2 Material Audit Adjustments - Internal Control over the Financial Reporting Process Management is responsible for establishing and maintaining internal controls, including monitoring, and for the fair presentation in the financial statements in accordance with U.S. generally accepted accounting principles. Management is responsible for the accuracy and completeness of all financial records and related information. Their responsibilities include adjusting the financial statements to correct material misstatements. As part of the audit, we proposed the following journal entries: • Adjust interest receivable to actual • Adjust amount due from the City • Adjust inventory, prepaid expense, and accounts receivable to actual • Adjust accrued wages, sick and vacation accruals, and longevity accruals to actual • Entry to amortize bond issue costs • Adjust special assessments to actual • Record depreciation expense and capital asset activity • Reclassify deferred revenue from accounts receivable These entries relate to internal controls over the year -end close -out process. The absence of a complete control procedure or process in this area is considered a material weakness because the potential exists that a material misstatement of the financial statements could occur and not be prevented or detected by the Board of Water Commissioner's internal control processes. Oversight of the Financial Reporting Process Management is responsible for establishing and maintaining internal controls and for the fair presentation of the financial position, results of operations, cash flows, and disclosures in the financial statements, in conformity with U.S. generally accepted accounting principles (GAAP). The Board of Water Commissioners does not have a system of internal controls that would enable management to conclude the financial statements and related disclosures are complete and presented in accordance with GAAP. As such, management requested us to prepare a draft of the financial statements, including the related footnote disclosures. The outsourcing of these services is not unusual in organizations of your size and is a result of management's cost benefit decision to rely on our accounting expertise rather than incurring this internal resource cost. We noted other matters involving internal control and its operation that we have reported to management of Stillwater Board of Water Commissioners in a separate letter dated March 22, 2011. This communication is intended solely for the information and use of management, the Board of Water Commissioners, and others within the organization, and is not intended to be and should not be used by anyone other than these specified parties. LarsonAllen LLP Minneapolis, Minnesota March 22, 2011 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION YEARS ENDED DECEMBER 31, 2010 AND 2009 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER TABLE OF CONTENTS YEARS ENDED DECEMBER 31, 2010 AND 2009 INTRODUCTORY SECTION ORGANIZATION SCHEDULE 1 FINANCIAL SECTION INDEPENDENT AUDITORS' REPORT 2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3 BASIC FINANCIAL STATEMENTS BALANCE SHEETS 7 STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS 8 STATEMENTS OF CASH FLOWS 9 NOTES TO BASIC FINANCIAL STATEMENTS 10 REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF FUNDING PROGRESS FOR POSTEMPLOYMENT BENEFIT PLAN 21 SUPPLEMENTARY INFORMATION SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES 22 OTHER REPORTS SECTION REPORT ON MINNESOTA LEGAL COMPLIANCE 23 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER ORGANIZATION SCHEDULE DECEMBER 31, 2010 Name Board of Commissioners James O'Brien Adam Nyberg Steve Speedling Treasurer Title Term Expires President Vice - President Member 2012 2013 2011 Larry Hansen Appointed Officers Robert Benson Manager Appointed Lars•nAl 1en LLP CPAs, Consultants & Advisors www.larsonallen.com INDEPENDENT AUDITORS' REPORT Board of Water Commissioners Stillwater, Minnesota We have audited the accompanying financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the years ended December 31, 2010 and 2009, as listed in the table of contents. These basic financial statements are the responsibility of the Board of Water Commissioner's management. Our responsibility is to express an opinion on these basic financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above, present fairly, in all material respects, the financial position of the Board of Water Commissioners as of December 31, 2010 and 2009, and the results of its operations and its cash flows for the years then ended in conformity with U.S. generally accepted accounting principles. The management's discussion and analysis and schedule of funding progress as listed in the table of contents is not a required part of the basic financial statements but is supplementary information required by U.S. generally accepted accounting standards. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audits were conducted for the purpose of forming an opinion on the financial statements taken as a whole. The supplementary schedules of operating expenses as listed in the table of contents as supplementary information are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. Minneapolis, Minnesota March 22, 2011 NEXIA INTERNATIONAL 1-L-P LarsonAilen LLP (2) An independent member of Nexia International BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2010 This section of the Board of Water Commissioners' (the Commission) annual financial report presents the analysis of the Commission's financial performance during the fiscal years ended December 31, 2010 and 2009. Please read it in conjunction with the financial statements, which follow this section. The Management's Discussion and Analysis (MD&A) is an element of Required Supplementary Information specified in the Governmental Accounting Standard Board's (GASB) Statement No. 34 — Basic Financial Statements — and Management's Discussion and Analysis — for State and Local Governments. Overview of the Financial Statements The Board of Water Commissioners is a component unit of the City of Stillwater, Minnesota, and is responsible to account for the distribution of water services to the residents of the City. The annual report of the Commission includes the basic financial statements, the independent auditors' report, notes that explain in more detail information in the financial statements and this management's discussion and analysis report. The report also includes supplementary information for operating expenses. Basic Financial Statements Required The financial statements report information about the Commission using accounting methods similar to those used by private sector companies. These statements offer short and long -term financial information about its activities. The Balance Sheets include all of the Commission's assets, liabilities, and net assets and provides information about the nature and amount of investments in various assets and obligations to the Commission's creditors. It also provides the basis for evaluating the capital structure, and determining the liquidity and financial flexibility of the Commission. The Statements of Revenues, Expenses and Changes in Net Assets accounts for all the current year's revenues and expenses. This statement measures the success of operations over the past year and can be used to determine whether all costs are recovered through user fees and other charges. This statement also measures the Commission's profitability and credit worthiness. The Statements of Cash Flows provides information about the Commission's cash receipts and cash payments during the reporting period. These statements report cash receipts, cash payments, and net changes in cash resulting from operations, investing and financing activities, and reports on changes in cash balances during the reporting period. The financial statements also include notes that explain some of the information in the statements and provide more detailed data. (3) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2010 Condensed Financial Statements To begin our analysis, a summary of the Balance Sheets is presented below. Net Utility Plant Other Long -Term Assets Current Assets Total Assets Long -Term Liabilities Current Liabilities Net Assets Total Liabilities and Net Assets Table A -1 Condensed Balance Sheets December 31, 2010 2010 $ 11,267,928 331,506 1,903,626 $ 13,503,060 $ 404,613 255,712 12,842,735 $ 13,503,060 2009 $ 11,443,525 407,159 1,869,116 $ 13,719,800 $ 494,458 217,763 13,007,579 $ 13,719,800 A summary of the Statements of Revenues, Expenses and Changes in Net Assets 2008 $ 11,006,624 1,010,064 1,766,982 $ 13,783,670 $ 579,604 280,668 12,923,398 $ 13,783,670 is presented below. Table A -2 Condensed Statements of Revenues, Expenses and Changes in Net Assets Year Ended December 31, 2010 2010 Operating Revenues $ 1,130,153 Less: Operating Expenses (1,409,835) Operating Income (Loss) (279,682) Other Income 114,838 Total Change in Net Assets $ (164,844) 2009 $ 1,277,038 (1,333,533) (56,495) 140,676 $ 84,181 2008 $ 1,108,767 (1,323,501) (214,734) 153,326 $ (61,408) Financial Statement Analysis The 2010 decrease in the net utility plant is mainly attributed to depreciation exceeding additions of capital plant and equipment. The decrease in both operating income and total change in net assets resulted from lower operating revenues from fewer gallons pumped as well as an increase in repairs and supplies expense. Fiscal year 2010 was cooler and more moist, than 2009, resulting in the pumping of 698,915,000 gallons of water, which is 95,414,000 gallons less than fiscal year 2009. There was also a repair of a broken water main which consisted of the addition of 650' of 12 "Watermain under Mulberry Street. The 2009 increase in the net utility plant is mainly attributed to the installation of well station number twelve and the 2009 street project. Fiscal year 2009 was hotter and dryer than 2008, resulting in the pumping of 794,329,000 gallons of water, which is 7,124,000 gallons more than 2008. (4) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2010 Budgetary Highlights The Commission adopts an annual Operating Budget. Because of its enterprise nature, the budgets are not operated as statutory budgets. The budget results are reviewed monthly and are used as a financial management tool. A summary of the 2010 and 2009 Budget Analysis is presented in Table A -3. Operating Revenues Less: Operating Expenses Operating Income (Loss) Other Income Total Change in Net Assets Table A -3 Condensed Budget Analysis Year Ended December 31, 2010 2010 Budget $ 1,413,683 (1,457,931) (44,248) 113,494 $ 69,246 Actual $ 1,130,153 (1,409,835) (279,682) 114,838 $ (164,844) 2009 Budget $ 1,420,400 (1,004,972) 415,428 Actual $ 1,277,038 (1,333,533) (56,495) 140,676 84,181 $ 415,428 $ Fiscal year 2010 operating revenue was lower than 2009 due to a slowdown in new development as well as a decrease in the gallons pumped for the year. The Commission did not receive capital contributions from the City of Stillwater. Fiscal year 2010 operating expenses were higher than 2009 due to an increase in repairs and supplies expense during 2010. Fiscal year 2009 operating revenue was higher than 2008 due to a rate increase as well as an increase in gallons pumped for the year. The Commission did not receive capital contributions from the City of Stillwater. Fiscal year 2009 operating expenses were higher than 2008 due to an increase in repairs and supplies expense during 2009. Capital Asset and Long-Term Debt Activity The Commission made capital asset additions to utility plant, property and equipment in the amounts of $121,395 and $150,083 in fiscal years 2010 and 2009, respectively. Depreciation expense was $382,874 and $380,993 in fiscal years 2010 and 2009, respectively. The Commission did not issue any new long -term debt during fiscal years 2010 or 2009. Payments were made in fiscal years 2010 and 2009 in the amount of $90,000 on the current portion of principal due on existing long -term debt. All outstanding long -term debt is issued on behalf of the Commission by the Stillwater City Council and is backed by a pledge of net revenues of the Commission. Other Financial Information, Next Year's Budget and Rates The Board of Water Commissioners started construction of a new well in 2009 that will be completed in 2011. The Board of Water Commissioners is looking into a rate study that will cover 2011, 2012, and 2013 water rates. (5) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER MANAGEMENT'S DISCUSSIONS AND ANALYSIS DECEMBER 31, 2010 Contact Information This annual report is designed to provide a general overview of the Commission's finances for citizens, customers and others.. Questions concerning any of the information contained in this report and requests for additional information should be addressed to the Board of Water Commissioners, City of Stillwater, 204 North Third Street, Stillwater, MN 55082 or by email at waterboard (c�ci.stillwater.mn.us or by phone at (651) 439 -6231. (6) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER BALANCE SHEETS DECEMBER 31, 2010 AND 2009 2010 2009 ASSETS UTILITY PLANT, PROPERTY AND EQUIPMENT Non - Depreciable: Land Use Rights $ 94,987 $ 4,987 Construction in Progress 848,154 852,272 Depreciable: Equipment 605,745 597,838 Distribution System 15,811,794 15,698,306 Total 17,360,680 17,153,403 Less: Accumulated Depreciation 6,092,752 5,709,878 Net Utility Plant 11,267,928 11,443,525 OTHER ASSETS Bond Issue Costs - Net of Accumulated Amortization 8,042 9,913 Investments in Time Deposits, Designated 323,464 397,246 Total Other Assets 331,506 407,159 CURRENT ASSETS Cash and Cash Equivalents 436,735 515,782 Investments in Time Deposits 1,026,536 952,754 Due from Primary Government 100,421 79,150 Accounts Receivable 194,499 172,592 Accrued Interest Receivable 23,850 38,685 Inventories 67,430 64,280 Prepaid Expenses 28,773 30,645 Net OPEB Obligation /Asset 25,382 15,228 Total Current Assets 1,903,626 1,869,116 Total Assets NET ASSETS AND LIABILITIES $ 13.503.060 $ 13.719.800 NET ASSETS Invested in Utility Plant, Net of Related Debt $ 10,837,928 $ 10,923,525 Unrestricted 2,004,807 2,084,054 Total Net Assets 12,842,735 13,007,579 LONG -TERM LIABILITIES Compensated Absences 64,613 64,458 Revenue Bonds Payable 340,000 430,000 Total Long -Term Liabilities 404,613 494,458 CURRENT LIABILITIES Current Portion of Revenue Bonds Payable 90,000 90,000 Accounts Payable 71,837 29,133 Deferred Revenue 24,877 31,397 Accrued Expenses 16,497 13,880 Accrued Interest Payable 9,726 11,676 Current Portion of Compensated Absences 42,775 41,677 Total Current Liabilities 255,712 217,763 Total Liabilities 660,325 712,221 Total Net Assets and Liabilities $ 13.503.060 $ 13.719,800 See accompanying Notes to Basic Financial Statements. (7) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF REVENUES, EXPENSES, AND CHANGES IN NET ASSETS YEARS ENDED DECEMBER 31, 2010 AND 2009 2010 2009 OPERATING REVENUES Water Sales $ 1,074,006 $ 1,209,822 Other Operating Revenues 56,147 67,216 Total Operating Revenues 1,130,153 1,277,038 OPERATING EXPENSES Production and Distribution 604,669 556,312 Service Customer Expenses 29,438 37,219 Administrative and General Expenses 392,854 359,009 Depreciation 382,874 380,993 Total Operating Expenses 1,409,835 1,333,533 OPERATING LOSS (279,682) (56,495) NONOPERATING REVENUES (EXPENSES) Interest Income 21,956 49,080 Sale of Scrap or Other Materials 9,695 12,151 Water Access Charges 69,133 76,053 Meter Rental Charges 10,179 7,667 Penalty Charges 16,020 15,635 Miscellaneous 11,208 8,113 Interest Expense (23,353) (28,023) Total Nonoperating Revenues 114,838 140,676 CHANGE IN NET ASSETS (164,844) 84,181 Net Assets - Beginning of Year 13,007,579 12,923,398 NET ASSETS - END OF YEAR $ 12,842,735 $ 13,007,579 See accompanying Notes to Basic Financial Statements. (8) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER STATEMENTS OF CASH FLOWS YEARS ENDED DECEMBER 31, 2010 AND 2009 2010 2009 CASH FLOWS FROM OPERATING ACTIVITIES Cash Received from Customers $ 1,203,210 $ 1,378,504 Cash Paid to Employees (382,238) (368,099) Cash Paid to Suppliers (614,230) (622,857) Net Cash Provided by Operating Activities 206,742 387,548 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Construction and Acquisition of Utility Plant, Property and Equipment (207,277) (817,894) Principal Payments on Revenue Bonds (90,000) (90,000) Interest Paid (25,303) (29,936) Net Cash Used by Capital and Related Financing Activities (322,580) (937,830) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of Investments (1,050,000) (350,000) Redemption of Investments 1,050,000 950,000 Interest Received 36,791 59,252 Net Cash Provided by Investing Activities 36,791 659,252 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (79,047) 108,970 Cash and Cash Equivalents - Beginning of Year 515,782 406,812 CASH AND CASH EQUIVALENTS - END OF YEAR $ 436,735 $ 515,782 RECONCILIATION OF OPERATING INCOME (LOSS) TO CASH FLOWS FROM OPERATING ACTIVITIES Operating Income (Loss) $ (279,682) $ (56,495) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by Operating Activities: Depreciation and Amortization 384,745 382,862 Cash Received from Other Nonoperating Income 116,235 119,619 (Increase) Decrease in Assets: Accounts Receivable (21,907) (7,531) Due from Primary Government (21,271) 19,513 Notes Receivable 1,148 Inventories (3,150) (5,737) Prepaid Expenses 1,872 (1,230) Net OPEB Obligation (10,154) (8,463) Increase (Decrease) in Liabilities: Accounts Payable 42,704 (68,608) Deferred Revenue (6,520) Accrued Expenses 2,617 4,237 Compensated Absences 1,253 8,233 Net Cash Provided by Operating Activities $ 206,742 $ 387,548 See accompanying Notes to Basic Financial Statements. (9) 1 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization and Operation The Board of Water Commissioners (the Commission) is a component unit of the City of Stillwater, Minnesota, created and prescribed by the City Charter. The purpose of the Commission is to account for the distribution of water services to the residents of the City. The City Council appoints members of the Commission and maintains annual budgetary controls over commission - delegated financial activities. The financial statements presented here are also included in the basic financial statements of the City of Stillwater. The accounting policies of the Board of Water Commissioners conform to U.S. generally accepted accounting principles. Financial Reporting Entity The Commission's basic financial statements include all funds, departments, agencies, boards, commissions, and other organizations over which Commission officials exercise oversight responsibility. Component units are legally separate entities for which the Commission (primary government) is financially accountable, or for which the exclusion of the component unit would render the financial statements of the Primary Government misleading. The criteria used to determine if the Primary Government is financially accountable for a component unit include whether or not the Primary Government appoints the voting majority of the potential component unit's governing body, is able to impose its will on the potential component unit, is in a relationship of financial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. Based on these criteria, there are no organizations considered to be component units of the Commission. Measurement Focus and Basis of Accounting The accrual basis of accounting is used by the Commission. Under this method, revenues are recorded when earned and expenses are recorded when the related fund liability is incurred. The Commission applies only those applicable pronouncements of the Financial Accounting Standards Board issued on or before November 30, 1989 in accounting and reporting for its proprietary operations. The financial statements of the Commission have been prepared in conformity with accounting principles generally accepted in the United States of America (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financials reporting principles. The GASB has issued a codification of governmental accounting and financial reporting standards. This codification and subsequent GASB pronouncements are recognized as U.S. generally accepted accounting principles for state and local governments. (10) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Utility Plant, Property, and Equipment Utility plant, property, and equipment are recorded at cost, or in the case of contributions, at fair market value at the time received. Depreciation is calculated using the straight -line method over the assets' estimated useful lives, ranging from five to fifty years. Cash and Cash Equivalents For the purposes of the Statement of Cash Flows, cash equivalents are defined as short- term, highly liquid investments that are both: A. Readily convertible to known amounts of cash, or B. So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. The Commission's policy considers cash equivalents to be those that meet the above criteria and have original maturities of three months or less. Cash and cash equivalents consist of checking and savings accounts and cash on hand. Accounts Receivable It is management's judgment that losses from uncollectible customer receivables, if any, will be immaterial; therefore, no allowance for doubtful accounts is reflected in the financial statements. All accounts receivable are uncollateralized. Inventories Inventory is stated at the lower of cost (first -in, first -out method) or market. Net Assets Net assets represent the difference between assets and liabilities in the financial statements. Net assets invested in utility plant, net of related debt consists of capital assets, net of accumulation depreciation, reduced by the outstanding balance of any long -term debt used to build or acquire the capital assets. Net assets are reported as restricted in the financial statement when there are limitations imposed on their use through external restrictions imposed by creditors, grantors, laws or regulations of other governments. 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT The following list includes the major classes of capital assets: Capital Assets, Not Being Depreciated: Land Construction in Progress Capital Assets, Being Depreciated: Equipment: Trucks Office Furniture and Equipment Shop Equipment Distribution System: Original Plant Water Stations and Reservoir Building and Vault Standpipes Extensions Meters in Service Total Capital Assets Less: Accumulated Depreciation Net Capital Assets Changes in capital assets during 2010 are as follows: Capital Assets, Not Being Depreciated: Land Use Rights Construction in Progress Capital Assets, Being Depreciated: Equipment Distribution System Total Capital Assets, Being Depreciated Accumulated Depreciation For: Equipment Distribution System Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Net Capital Assets Balance December 31, 2009 2010 2009 $ 94,987 $ 4,987 848,154 852,272 122,651 122,651 117,954 110,047 365,140 365,140 145,000 145,000 3,364,398 3,338,074 135,092 135,092 845,168 845,168 10,714,185 10,639,569 607,951 595,403 17,360,680 17,153,403 6,092,752 5,709,878 $ 11,267,928 $ 11,443,525 Additions Deletions Balance December 31, 2010 $ 4,987 $ 90,000 $ - $ 94,987 852,272 73,782 77,900 848,154 597,838 15,698,306 16,296,144 443,083 5,266,795 5,709,878 10,586,266 $ 11,443,525 (12) 7,907 113,488 121,395 29,480 353.394 382,874 (261,479) 605,745 15,811,794 16,417,539 472,563 5,620,189 6,092,752 10,324,787 $ (97,697) $ 77,900 $ 11,267,928 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 2 DETAIL OF UTILITY PLANT, PROPERTY AND EQUIPMENT (CONTINUED) Changes in capital assets during 2009 are as follows: Capital Assets, Not Being Depreciated: Land Construction in Progress Capital Assets, Being Depreciated: Equipment Distribution System Total Capital Assets, Being Depreciated Accumulated Depreciation for: Equipment Distribution System Total Accumulated Depreciation Total Capital Assets, Being Depreciated, Net Net Capital Assets Balance December 31, 2008 Additions Deletions $ 4,987 $ - $ 184,461 667,811 589,392 15,589,263 16,178,655 436,117 4,925,362 5,361,479 10,817,176 $ 11,006,624 41,040 109.043 150,083 39,560 341,433 380,993 (230,910) NOTE 3 INVESTMENTS DESIGNATED BY THE BOARD Balance December 31, 2009 $ 4,987 852,272 32,594 597,838 15,698,306 32,594 16,296,144 32,594 443,083 5,266,795 32,594 5,709,878 $ 436,901 $ Investments designated by the Board for specific purposes were as follows: Designated for Future Well Construction NOTE 4 DEPOSITS AND INVESTMENTS 2010 $ 323,464 10,586,266 $ 11,443,525 2009 $ 397,246 In accordance with Minnesota Statutes the Commission maintains deposits at financial institutions which are authorized by the Commission's Board. Custodial Credit Risk — Custodial credit risk is the risk that in the event of a bank failure, the Commission's deposits may not be returned to it. The Commission does not have a deposit policy for custodial credit risk and follows Minnesota Statutes for deposits. (13) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 4 DEPOSITS AND INVESTMENTS (CONTINUED) Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance, corporate surety bonds, or collateral. Authorized collateral include: U.S. government treasury bills, notes, or bonds; issues of a U.S. government agency; general obligations of a state or local government rated "A" or better; revenue obligations of a state or local government rated "AA" or better; irrevocable standby letter of credit issued by a Federal Home Loan Bank; and time deposits insured by a federal agency. Minnesota Statutes require securities pledged as collateral be held in safekeeping in a restricted account at the Federal Reserve Bank or at an account at a trust departments of a commercial bank or other financial institution not owned or controlled by the depository. The Commission's deposits in banks at December 31, 2010 and 2009 were entirely covered by federal depository insurance or by surety bonds and collateral in accordance with Minnesota Statutes. Balance at December 31, 2010: Carrying Bank Amount Balance Cash and Cash Equivalents $ 436,735 $ 444,835 Investments in Time Deposits 1,026,536 1,026,536 Investments in Time Deposits - Designated 323,464 323,464 Total $ 1,786,735 $ 1,794,835 Balance at December 31, 2009: Carrying Bank Amount Balance Cash and Cash Equivalents $ 515,782 $ 528,288 Investments in Time Deposits 952,754 952,754 Investments in Time Deposits - Designated 397,246 397,246 Total $ 1,865,782 $ 1,878,288 NOTE 5 INVENTORIES The major classes of inventory consist of the following at December 31, 2010 and 2009: 2010 2009 Pipe and Fittings $ 34,000 $ 32,659 Brass Goods 11,044 10,369 Tools and Supplies 13,849 13,810 Meters 8,537 7,442 Total $ 67,430 $ 64,280 (14) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 6 COMPENSATED ABSENCES The Commission records a long -term liability for employee compensated absences consisting of vested sick pay and a current liability consisting of vested vacation and longevity. Employees earn vacation in arrears and may carry over five vacation days and one hundred sick days. Longevity is a calculation based on the number of years of service and the current rate of pay. It accrues monthly and is paid out on December 1 for the year ending November 30 of the same year. Employees are compensated for sick days in excess of one hundred days at year -end and for all vested sick days, vacation days, and longevity upon termination. As of December 31, 2010 and 2009, vested vacation pay benefits payable were $30,225 and $29,124, respectively, and vested longevity pay benefits payable were $1,394 and $1,047, respectively. The changes in compensated absences during 2010 and 2009 are as follows: Compensated Absences Compensated Absences Balance Balance Due Within 12/31/2009 Additions Deletions 12/31/2010 One Year $ 106,135 $ 47,428 $ 46,175 $ 107,388 $ 42,775 Balance Balance Due Within 12/31/2008 Additions Deletions 12/31/2009 One Year $ 97,902 $ 48,167 $ 39,934 $ 106,135 $ 41,677 NOTE 7 REVENUE BONDS PAYABLE Final Issue Maturity Interest Original Payable Date Date Rate Issue 12/31/2010 General Obligation Bonds: 2000B Water Revenue Bonds 04/01/00 02/01/15 4.00% -5.50% $ 1,330,000 $ 430,000 Changes in long -term debt for the years ended December 31, 2010 and 2009 are as follows: Balance Balance Due Within 12/31/2009 Additions Deletions 12/31/2010 One Year General Obligation Bonds: 2000B Water Revenue Bonds $ 520,000 $ $ 90,000 $ 430,000 $ 90,000 Balance Balance Due Within 12/31/2008 Additions Deletions 12/31/2009 One Year General Obligation Bonds: 2000B Water Revenue Bonds $ 610,000 $ $ 90,000 $ 520,000 $ 90,000 (15) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 7 REVENUE BONDS PAYABLE (CONTINUED) Maturities of Tong -term debt are as follows: Year Ending December 31, 2011 2012 2013 2014 2015 Total Principal . $ 90,000 85,000 85,000 85,000 85,000 $ 430,000 Interest 20,958 16,299 11,688 7,013 2,338 58,295 Total $ 110,958 101,299 96,688 92,013 87,338 $ 488,295 The General Obligation Water Revenue Bonds, Series 2000B dated April 1, 2000, were issued to finance a water project in the City of Stillwater, consisting of a new well pump house and construction of Settler's Park Reservoir. Bond principal is payable in annual installments ranging from $85,000 to $90,000 through February 2015, together with interest ranging from 4.0% to 5.5 %. NOTE 8 PENSION PLANS PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Plan Description All full -time and certain part-time employees of the Commission are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) which is a cost - sharing, multiple - employer retirement plan. This plan is established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. GERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon death of eligible members. Benefits are established by state statute, and vest after three years of credited service. The defined retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERA's Coordinated and Basic Plan members. The retiring member receives the higher of step -rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2% of average salary for each of the first 10 years of service and 2.7% for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2% of average salary for each of the first 10 years and 1.7% for each remaining year. (16) NOTE 8 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 PENSION PLANS (CONTINUED) PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (CONTINUED) Plan Description (Continued) Under Method 2, the annuity accrual rate is 2.7% of average salary for Basic Plan members and 1.7% for Coordinated Plan members for each year of service. For GERF members hired prior to July 1, 1989 whose annuity is calculated using Method 1, a full annuity is available when age plus years of service equal 90. Normal retirement age is 65 for Basic and Coordinated members hired prior to July 1, 1989. Normal retirement age is the age for unreduced Social Security benefits capped at 66 for Coordinated members hired on or after July 1, 1989. A reduced retirement annuity is also available to eligible members seeking early retirement. There are different types of annuities available to members upon retirement. A single -life annuity is a lifetime annuity that ceases upon the death of the retiree and no survivor annuity is payable. There are also various types of joint and survivor annuity options available which will be payable over joint lives. Members may also leave their contributions in the fund upon termination of public service in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. PERA issues a publicly available financial report that includes financial statements and required supplementary information for GERF. That report may be obtained on the internet at www.mnpera.org, by writing to PERA at 60 Empire Drive #200, St. Paul, Minnesota 55103 -2088 or by calling (651) 296 -7460 or 1- 800 - 652 -9026. Funding Policy Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. These statutes are established and amended by the state legislature. The Commission makes annual contributions to the pension plans equal to the amount required by state statutes. GERF Basic Plan members and Coordinated Plan members are required to contribute 9.1% and 6.0 %, respectively, of their annual covered salary in 2010. The Commission was required to contribute the following percentages of annual covered payroll: 11.78% for Basic Plan members, and 7.0% for Coordinated Plan members. Employer contribution rates for the Coordinated Plan will increase to 7.25 %, effective January 1, 2011. The Commission's contributions to the Public Employees Retirement Fund for the years ended December 31, 2010, 2009, and 2008 were $26,382, $24,454, and $23,505, respectively. The Commission's contributions were equal to the contractually required contributions for each year as set by state statute. (17) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 9 RISK MANAGEMENT The Commission is exposed to various risks of loss related to torts; theft of, damage to, or destruction of assets; error or omissions; injuries to employees or natural disasters for which the Commission carries commercial insurance. There have been no significant reductions in insurance coverage from the prior year. Settlement amounts have not exceeded insurance coverage for the current year or the three prior years. NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN At December 31, 2008, the Water Commission adopted Governmental Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other than Pensions. The Water Commission engaged an actuary to determine the Water Commission's liability for postemployment healthcare benefits other than pensions as of December 31, 2007. A. Plan Description The Water Commission provides benefits for retirees as required by Minnesota Statutes §471.61 subdivision 2b. Active employees, who started before January 1, 1989 and retire from the Water Commission when over age 55 and satisfaction of the rule of 90, are eligible for free medical coverage for themselves and their families for life. Active employees, who started after January 1, 1989 and retire the Water Commission when over age 55 and satisfaction of the rule of 90, may continue coverage with respect to both themselves and their eligible dependent(s) under the Water Commission's health benefits program until age 65. Pursuant to the provisions of the plan, retirees are required to pay the total premium cost. As of December 31, 2010 there were 6 active participants and 8 retired participants receiving benefits from the Water Commission's health plans. B. Funding Policy The Water Commission funds its OPEB obligation on a pay as you go basis. For fiscal year 2010, the Water Commission contributed $60,288 to the plan. C. Annual OPEB Cost and Net OPEB Obligation The Water Commission's annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and amortize any un- funded actuarial liabilities over a period not to exceed thirty years. (18) i 1 BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN (CONTINUED) C. Annual OPEB Cost and Net OPEB Obligation (Continued) The following table shows the components of the Water Commission's annual OPEB cost for the year, the amount actually paid from the plan, and changes in the Water Commission's net OPEB obligation. Annual Required Contribution Interest on Net OPEB Obligation Adjustment to Annual Required Contribution Annual OPEB Cost (Expense) Contributions Made Decrease in Net OPEB Obligation Net OPEB Obligation- Beginning of Year Net OPEB Obligation- End of Year 49,929 (761) 966 50,134 00,288) (10,154) (15,228) (25,382) The Water Commission's annual OPEB cost, the percentage of the annual OPEB cost contributed to the plan, and the net OPEB obligation for 2010: Fiscal Annual Year OPEB Ended Cost 12/31/2008 $ 49,929 12/31/2009 49,929 12/31/2010 50,134 Percentage of Annual OPEB Cost Contributed 113.5% 117.0% 120.3% Net OPEB Obligation $ (6,765) (15,228) (25,382) D. Funded Status and Funding Progress As of December 31, 2007, the most recent actuarial valuation date, the Water Commission's unfunded actuarial accrued liability (UAAL) was $783,743. The annual payroll for active employees covered by the plan in the actuarial valuation was $367,420 for a ratio of UAAL to covered payroll of 213.3 %. Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and healthcare cost trends. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. (19) BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER NOTES TO BASIC FINANCIAL STATEMENTS DECEMBER 31, 2010 AND 2009 NOTE 10 OTHER POSTEMPLOYMENT BENEFIT PLAN (CONTINUED) E. Actuarial Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short -term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the Tong -term perspective of the calculations. In the December 31, 2007 actuarial valuation, the entry age normal cost method was used. The actuarial assumptions included a 5% investment rate of return (net of administrative expenses), which is a blended rate of the expected long -term investment returns on plan assets and on the employer's own investments calculated based on the funded level of the plan at the valuation date. The initial healthcare trend rate was 8 %, reduced by decrements to an ultimate rate of 4% after five years. The UAAL is being amortized as a level percentage of projected payrolls on an open basis. The remaining amortization period at December 31, 2010 was 28 years. (20) REQUIRED SUPPLEMENTARY INFORMATION STILLWATER BOARD OF WATER COMMISSIONERS REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF FUNDING PROGRESS FOR POSTEMPLOYMENT BENEFIT PLAN DECEMBER 31, 2010 Actuarial Actuarial Value of Valuation Assets Date (a) 12/31/2007 $ - Actuarial Accrued Liability (AAL) (b) $ 783,743 Unfunded AAL (b -a) $ 783,743 (21) Funded Covered Ratio Payroll (a /b) (c ) 0.0% $ 367,420 UAAL as a Percentage of Covered Payroll ((b -a) /c) 213.3% SUPPLEMENTARY INFORMATION BOARD OF WATER COMMISSIONERS A COMPONENT UNIT OF THE CITY OF STILLWATER SUPPLEMENTARY SCHEDULES OF OPERATING EXPENSES YEARS ENDED DECEMBER 31, 2010 AND 2009 2010 2009 PRODUCTION AND DISTRIBUTION EXPENSES Wages $ 233,963 $ 223,210 Repairs and Supplies 235,804 170,820 Chemicals 23,004 21,712 Electricity 59,154 84,326 Truck Expenses 9,311 8,952 Fuel 5,406 9,267 Testing Expenses 36,156 36,156 Amortization 1,871 1,869 Total Production and Distribution Expenses 604,669 556,312 SERVICE CUSTOMER EXPENSES Labor, Jobbing and Equipment 22,809 30,242 Repairs, Parts and Supplies 6,629 6,977 Total Service Customer Expenses 29,438 37,219 ADMINISTRATIVE AND GENERAL EXPENSES Wages 129,336 130,268 Employee Pensions and Benefits 170,779 156,046 Insurance and Bonds 46,791 40,427 Utilities and Telephone 6,317 7,566 Office Supplies and Postage 27,045 17,887 Audit 11,109 14,247 Other 1,477 (7,432) Total Administrative and General Expenses 392,854 359,009 DEPRECIATION EXPENSE 382,874 380,993 Total Operating Expenses $ 1,409,835 $ 1:333,533 (22) 1 OTHER REPORTS SECTION Lars•nAl leg 1 CPAs, Consultants & Advisors www.tarsonallen.com 1 REPORT ON MINNESOTA LEGAL COMPLIANCE Board of Water Commissioners Stillwater, Minnesota We have audited the financial statements of the Board of Water Commissioners, a component unit of the City of Stillwater, as of and for the year ended December 31, 2010, and have issued our report thereon dated March 22, 2011. We conducted our audit in accordance with U.S. generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minnesota Statutes §6.65. Accordingly, the audit included such tests of the accounting records and such other accounting procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Political Subdivisions covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment districts. Our study included all of the listed categories, except tax increment districts since no tax increment districts have been established by the Board of Water Commissioners. The results of our tests indicate that, with respect to the items tested, the Board of Water Commissioners complied with the material terms and conditions of the applicable legal provisions, except as described below. Out of State Travel Policy — Minnesota Statutes §471.661 requires the governing body to have on record a policy that controls travel outside the state of Minnesota for the applicable elected officials. The policy must be approved by the board and specify: 1) when travel outside the state is appropriate, 2) applicable expense limits, and 3) procedures for approval of the travel. The policy must be made available for public inspection upon request. During our audit fieldwork, it was noted that the Board of Water Commissioners does not have an out of state travel policy. This report is intended solely for the information and use of the members of the Board of Water Commissioners, management and the office of the Minnesota State Auditor and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota March 22, 2011 NEXIA INTERNATIONAL. LarsonAllen LLP (23) An independent member of Nexia International ti 1�ater Administration To: Mayor and City Council From: Diane Ward, City Clerk Date: 5/11/2011 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 Lee Stylos & Michael Noer requesting a new wine and strong beer to Chilkoot Cafe & Cyclery, LLC; DBA: Chilkoot Cafe & Cyclery located at 826 4th Street S Approval for the license should be contingent upon approval by Police, Finance, Fire, Building Departments and Minnesota Liquor Control. ACTION REQUIRED: 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 CHILKOOT CAFE & CYCLERY, LLC; DBA: CHILKOOT CAFE & CYCLERY. APPROVING THE ISSUANCE OF A NEW WINE AND STRONG BEER LIQUOR LICENSE TO CHILKOOT CAFE & CYCLERY, LLC; DBA: CHILKOOT CAFE & CYCLERY. WHEREAS, an application has been received from Greg Gartner requesting a new wine and strong beer license to Chilkoot Cafe & Cyclery, LLC; DBA: Chilkoot Cafe & Cyclery located at 826 4th Street S, Stillwater, - MN and WHEREAS, a public hearing on the transfer of the liquor license was held on May 17, 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 17th day of May, 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Friday, May 13, 2011 Re: Planning Case 2011 -06: Appeal of the Planning Commission decision to deny an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Message: On May 5th, the Governor signed a law to restore municipal variance authority in response to the Krummenacher v. City of Minnetonka court case. The new law took effect on May 6, 2011. As the general rule, cities are to apply the law at the time of the decision, rather than at the time of application. Therefore, the new standard should be applied to the case before the Council. The former "undue hardship" standard is now the "practical difficulties" standard. Otherwise, the law retains the previously used and familiar factors for approval. In evaluating variance requests under the new law, cities should addressing the following questions: • • • • • Is variance in harmony with purposes and intent of ordinance? Is variance consistent with the comprehensive plan? Does proposal put property to use in a reasonable manner? Are there unique circumstances to the property not created by the landowner? Will the variance, if granted, alter the essential character of the locality? If the council makes a finding that the above are met, they should approve the variance request. From the desk of... Michel Pogge, AICP •City Planner •City of Stillwater •216 N. 4th Street -Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge©ci.stillwater.mn.us The Council needs to take an action on the requested variance. The City Council has the following options: 1. Approve the request with the following conditions of approval: a. The variance is limited to the footprint of the exiting deck and stairway. b. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 2. Deny the request since the required findings for a variance were not meet. If the Council would chose to deny the request, the Council should take a "straw poll ", direct staff to prepare formal findings of fact conclusions and order denying the variance request, and table final action until the Council's June 7th meeting. 3. Continue the public hearing until the June 7, 2011 City Council meeting. The decision deadline for the request is June 18, 2011. Attached is the planning report, supporting documents that were including in the original planning report to the Planning Commission, and an excerpt of the March 14, 2011 Planning Commission minutes related to the case. 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 RESOLUTION NO. 2011- A RESOLUTION APPROVING A VARIANCE FOR PROPERTY LOCATED AT 702 CHURCHILL ST W CASE NO. 2011-06 WHEREAS, David M and Sarah E Handley have made application for approval of minimum side yard setback a variance (5 feet required /2.5 feet requested) for an attached deck and stairway on their home located at 702 Churchill St W on property legally described as: Lot 12, except the North 12 feet thereof, Block 7, Holcombe's Addition to Stillwater, Washington County, Minnesota. ;and WHEREAS, on March 14, 2011 the Planning Commission held a public hearing on the requested variance and recommended denial; and WHEREAS, on April 19, 2011; May 3, 2011, and May 17, 2011 the City Council held a public hearings on the requested variance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the variance for the deck and stairway at 702 Churchill St W with the following conditions: 1. The variance is limited to the footprint of the exiting deck and stairway. 2. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Sti 1 1\va tc,r "ilk F I c r H e , A C 4 !1 ? M: N N} S II ; A Memo Community Development Department To: City Council From: Michel Pogge, City Planner/ Date: Friday, April 29, 2011 Re: Planning Case 2011 -06: Appeal of the Planning Commission decision to deny an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Message: As directed by the Council a meeting of the stakeholders to discuss the situation occurred on Wednesday, April 27th. The meeting included Councilmember Menikheim; adjacent property owner Colleen Walsh, who was the original complainant on the deck encroachment, current property owners David and Sarah Handley, and City Planner Mike Pogge. The meeting focused on talking through the issues and possible ways to resolve the situation without requiring the removal or modification of the deck. In the end, the Handley's offered to install a privacy fence along their property line with Ms. Walsh, which both parties agreed resolved the issue and in their view would negate the need to remove or modify the deck. The Council still needs to take an action on the requested variance. The City Council has the following options: 1. Approve the request with the following conditions of approval: a. The variance is limited to the footprint of the exiting deck and stairway. b. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 2. Deny the request since the required findings for a variance were not meet. If the Council would chose to deny the request, the Council should take a "straw poll ", direct staff to prepare formal findings of fact conclusions and order denying the variance request, and table final action until the Council's May 3`d meeting. 3. Continue the public hearing until the June 7, 2011 City Council meeting. The decision deadline for the request is June 18, 2011. Attached is the planning report, supporting documents that were including in the original planning report to the Planning Commission, and an excerpt of the March 14, 2011 Planning Commission minutes related to the case. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 email: mpogge @ci.stillwater.mn.us Memo Community Development Department To: City Council From: Michel Pogge, City Planner in,if2 Date: Friday, April 15, 2011 Re: Planning Case 2011 -06: Appeal of the Planning Commission decision to deny an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. Message: The Planning Commission reviewed this variance request at their March 14, 2011 meeting. The Commission heard from the original builder, the current owner, and four adjacent property owners. The Commission discussed the situation and various options that are available to the applicant. Since the Commission felt there were alternatives available to the applicant, the Commission voted 8 -0 to deny the request. In response to the denial, the applicant made application to appeal the decision of the Commission to the City Council within the allowed 10 -day appeal period. The City Council has the following options: 1. Deny the request since the required findings for a variance were not meet. If the Council would chose to deny the request, the Council should take a "straw poll ", direct staff to prepare formal findings of fact conclusions and order denying the variance request, and table final action until the Council's May 3rd meeting. 2. Approve the request with the following conditions of approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 3. Continue the public hearing until the May 3, 2011 City Council meeting. The decision deadline for the request is June 18, 2011. Attached is the planning report, supporting documents that were including in the original planning report to the Planning Commission, and an excerpt of the March 14, 2011 Planning Commission minutes related to the case. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 41) Street -Stillwater, MN 55082 651.430 -8822 -Fax: 651.430 -8810 email: mpogge @ci.stillwater.mn.us { N h f Planning Commission DATE: March 9, 2011 CASE NO.: 11 -06 APPLICANT: Brendon M Stryhn PROPERTY OWNER: David M and Sarah E Handley REQUEST: The applicant is requesting an after the fact variance to the minimum side yard setback (5 feet required /2.5 feet requested) for an attached deck and stairway. LOCATION: 702 Churchill St W COMPREHENSIVE PLAN DISTRICT: LMDR - Low /Medium Density Residential ZONING: RB - Two - family District PC DATE: March 14, 2011 PREPARED BY: Michel Pogge, City Planner BACKGROUND The applicant, Brendon Stryhn, has applied for an after the fact variance on behalf of the current property owners, David M and Sarah E Handley, to allow an attached deck and stairway to encroach into the required side yard setback along the west property line. This property is zoned RB and currently has an existing single - family home on the site. The required side yard setback in the RB district is a minimum of 5 feet. The deck and stairway are setback only 2.5 feet from the side property line. DISCUSSION The property at 702 Churchill St W underwent a major rehabilitation starting in 2008. In November of 2009, City Staff was contacted by the neighbor with concerns that the deck and stairway encroached into the required setback. Staff wrote a letter to the property owner of the time and advised them of the issue and also advised them that a final certificate of occupancy would not be issued until such time the issue was resolved. On December 16, 2010 (over one year later), the City received notice from a neighbor that the property was being occupied and wanted to know why the setback issue was not resolved. This was the first time the City was made aware that the property was sold and being occupied. At that time, no certificate of occupancy was issued by the City and the encroachment continued. 702 Churchill St W Page 2 The City made contact with the old property owner, original builder, and current property owner about the matter and advised them that the issue needed to be resolved. This request seeks to remedy the issue without modifying the deck and stairway. Other Outstanding Issues The survey provided by the applicant also shows the front porch encroaching in to the right -of- way for Churchill Street W. The porch has been in this location for a number of years and appears to be in place in a 1945 aerial photo of the site. Even so, the issue needs to be resolved and there are three possible ways this can be accomplished. 1) the porch could be removed, which staff would recommend against; 2) a license could be issued to allow the porch to remain in the right -of -way, which is staff's preferred option; or 3) the owner could request that a portion of Churchill Street be vacated. This issue will need to be addressed before the City can release the final certificate of occupancy for this property. 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 property at 702 Churchill St W is a rectangular 50' by 137.95 lot with street frontage on two sides. The high point on the lot is along Churchill and it slowly slopes toward the rear of the property. There is approximately 9.8 feet between the garage and the back of the home. As with all after the fact variance requests, the request reviewed as if the improvement was not in place and is just being installed. In this case, it appears that the deck could have been shortened and if the stairway turned counter clockwise, everything could have remained within the required setback without the needed variance. Enclosed is a drawing that shows this alternative. The situation on the property was created by the actions of the builder; thus, the request does not satisfy the review criteria for a variance. 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 home 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 access the rear door of the garage from the home (even though the request is small) would certainly be seen as preserving substantial property rights. Therefore a variance does not seem to be supported. 702 Churchill St W 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. Generally, staff believes that the request as presented will not adversely affect adjoining property owners. The property owner to the west has raised concerns that it may be impossible to mow around the stairway and deck without encroaching on to their property. Certainly, some lawn mowers maybe wider than 2.5 feet; however, staff believes that with the small nature of the lawn on this property, a push mower with a width smaller than 2.5 feet wide is likely going to be used. 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 title or the public interest nor adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has the following options: 1. Deny the requested since the required findings for a variance were not meet. 2. Approve the request with the following conditions of approval: a. All minor revisions to the approved plan shall be reviewed and approved by the Community Development Director. All major revisions shall be revised and approve by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. 3. Continue the public hearing until the April 11, 2011 Planning Commission meeting. The 60 -day decision deadline for the request is April 17, 2011. RECOMMENDATION City staff does not find the three variance criteria to be satisfied, and therefore recommends denial of both variances. Attachments: Applicant's Form, Site Plan, and letter. EXISTING ,' GARAGE; J /2.1 -{ SET ----- SPIKE ON LOT LINE ■ _ EXISTING ■ HOUSE EDGE OF BITUMINOUS DRIVEWAY BITUMINOUS% DRIVEWAY 0 SET P.K. NAIL IN BITUMINOUS AT PARCEL CONKER. EXISTING GARAGE SOUTH LINE OF BLOCK 7, HOLCOMBE'S The drawing to the left shows how the deck could have had a side yard setback five -foot setback. Additionally, by rotating and placing the steps as shown they both would have been conforming. CITY OF STILLWATER PLANNING COMMISSION March 14, 2011 CALL TO ORDER Chair Dahlquist called the meeting to order at 7 p.m. Present: Aron Buchanan, Mike Dahlquist, Matt Gullick, Eric Hansen, Mike Kocon, John Malsam, Councilmember Menikheim, Ann Siess and Charles Wolden Staff present: Community Development Director Turnblad and Planner Mike Pogge Absent: Scott Spisak ** EXCERPT ** Case No. 2011 -06. A variance to the side yard setback (5 feet required, and 2.5 feet requested) for the construction of a deck landing and stairs located at 702 Churchill Street West in the RB, Two Family Residential District. Brendon Stryhn, representing David Handley, applicant. The applicants were present. Mr. Pogge reviewed the request and staff findings. He noted that in all after - the -fact requests, the variance request is treated as if the improvement is not in place. He also noted there are several alternatives that would enable the deck /stairs to be constructed without the need for a variance. He reviewed the three requirements for granting of a variance and stated staff finds against two of the three, with denial recommended. On a question by Mr. Buchanan, Mr. Pogge stated that pavers /patio do not have setback requirements; a raised deck must meet setbacks of the principal structure. Brendon Stryhn, the original developer, reviewed the history of the project. He stated the steps were added due to a drainage issue with the neighbor to the rear of the property; he explained that he raised the whole side of the yard and added a retaining wall to deal with drainage issues, which pretty much eliminated access from the house to the garage. He said he decided to extend the deck over and place the stairs there because it was the only access he could provide to the garage without going back to Planning and Heritage Preservation Commission; also, he said, because he was building on the original footprint, he was not required to have a survey map and thought there was more room. Regarding moving the steps, he said there is a major drain tile field in place to keep the garage from flooding. Dave Handley, current resident, said they recently purchased the property and are proud of being part of taking an historic property and giving it new life; he said they were unaware of the outstanding issues involved until several weeks after moving into the home and said they have become somewhat of a referee between the City and builder, who they believe acted in good faith throughout the project. Mr. Kocon asked why the steps couldn't be 2.5' farther into the property and the deck 2.5' shorter to met setbacks. Mr. Stryhn said he could have done that but didn't know exactly where the lot line was; he said he built the stairs and deck as they are to get as much drainage as possible. Mr. Dahlquist opened the public hearing. Colleen Walsh, 706 Churchill, said the lot line was an issue for the 2+ years of project construction. She said the stairway is an obstruction that almost juts into her yard and suggested there is no reason the stairs couldn't be up against the garage. She later said the 2.5 feet is important to her — it's her yard. 1 CITY OF STILLWATER PLANNING COMMISSION March 14, 2011 Co -owner of the James Mulvey Inn, immediately across Harriet Street from the property, talked of the many problems Mr. Stryhn encountered with the project, which he said removed a dilapidated property that was a scourge on the neighborhood. He spoke of how accommodating Mr. Stryhn was doing the project and talked of the problem created by the requirement to retain the original garage and stay in the footprint of the original house. He said he thought it would be unreasonable to force the developer to spend $3,000 - $4,000 to take 2.5' off a deck. Kevin Pamprin, 805 Churchill, said it was nice to see a house in the neighborhood that has been retrofitted. He agreed that the 2.5' means nothing, noting that many of the houses in the area are not in conformance. Betsy Glennon, owner of the property to the north with the drainage problem, said Mr. Stryhn and his workers were exemplary partners and very accommodating during the project. She said she failed to see how this would not be a financial hardship to the developer after he spent nearly three years working with the City on the many different issues. No other comments were received, and the hearing was closed. Mr. Handley said he and his wife feel.very strongly that it is not practical to move the steps and retain the functional purpose of the deck; he showed graphics of the site to indicate this would eliminate an access point that was part of the original function of the design. He said eliminating the steps would require walking on the street to gain access to the house. Mr. Buchanan clarified that the deck and stairs were in place prior to the Handleys' purchase of the home. Mr. Pogge noted that even though the current property owner didn't create the issue, the builder was notified of the problem and he should have disclosed this to the property owner. In discussion, it was noted that a certificate of occupancy was not issued due to a number of building issues; Mr. Pogge stated a temporary certificate of occupancy has been issued because the other building issues have been resolved. Several members congratulated Mr. Stryhn on his workmanship on this project. Mr. Buchanan referred to a previous case where a property owner was required to move a fence that was installed by a contractor who had failed to meet setbacks. Mr. Kocon reiterated that the Commission must look at this as if the improvement hadn't been done and the Commission is looking at a space that is occupied that shouldn't be occupied; in spite of the hardship and issue of expense, he said this is encroaching where it doesn't need to. Mr. Dahlquist suggested the key to this case is that there is a very clear option that appears to satisfy setbacks and still maintain the access around the garage. Mr. Wolden moved to deny. Mr. Kocon seconded the motion. Ms. Siess asked whether the fact that this is an issue in an older neighborhood and older home makes any difference. Mr. Dahlquist said existing conditions have been a factor, but in this case, this element was not an existing condition and there are alternatives. Motion to deny passed unanimously. It was noted the applicant has 10 days to appeal the decision. 2 Brendon M. Stryhn Representing: David & Sarah Handley 702 W. Churchill Street Stillwater, MN 55082 City Council Members Cc. Mike Pogge City Council of Stillwater, MN Dear Council Members: Thank -you for the opportunity for allowing us to appeal the decision made during the City Planning Commission meeting. We feel that it is possible that we did not do a sufficient job of explaining our position and are grateful for the opportunity to try and better explain our point of view for the council members. We feel that this is a minor variance request that significantly improves the function of the property, has no immediate consequences to any adjoining property owners, and is similar in scope to other variances that the city has routinely granted in the past. In this letter I will try to clarify some of the issues brought up at the planning meeting. During the planning meeting one of the members brought up a case they had recently reviewed in reference to a fence that was built and didn't meet the setback requirements. After reading the minutes from that meeting we don't feel that this was a fair comparison due to the fact that the fence was built on city property. The fence was not even built on the owner's property, and therefore we feel this was an unfair comparison. In your letter from the planning department under "Evaluation of Request" item number (1). We understand that it must be looked at as if the improvement was not in place. While we disagree that cities are not allowed to consider financial hardship to their citizens, financial hardship is not our biggest concern or argument. We feel as though we meet this requirement due to existing conditions on the site that were not caused by me as the builder or the current homeowners. Besides the obvious restrictions of a long narrow lot, we had a multitude of decisions that had to be made in reference to water drainage on the site. These decisions were made with the best intentions to try and stop the existing garage from flooding which was a serious problem as well trying to mitigate the amounts of water this property drained into the neighbor's property directly behind this site. Water was a serious issue for previous owners of the site and for the rear lot neighbor. We did what we could to mitigate the water issues for all affected. In direct relation to the rear deck itself we had many issues to deal with. State codes require a minimum drainage slope away from the main dwelling. Because of the proximity of the house to the garage this slope brings the water right to the side of the [Recipient Name] March 25, 2011 Page 2 existing garage. Knowing that in the past, even without the slope the garage had issues with flooding we knew that we would have to install a drain tile system to remedy this issue. Between the slope, drain tile, and minimum widths in relation to stairs and landings we did not have enough room to put the stairs between the garage and the house. Since we changed the grade in the front of the house to remedy the water drainage issues in the front of the home we were left with a large retaining wall leaving our only option for safe entry from the garage to the rear of the home by the use of a stair case on the deck. There are (3) reasons that we did not install the stairs closer to the garage. 1. To meet the current 5 foot set back the stairs would have to be built against or very near the existing garage which is a free floating structure that can and does move with frost. 2. The primary reason that the stairs were moved over was because the drain tile system runs between the garage and the stairs and we feared that if the stairs were built there that leaves and other debris could build up under the stairs blocking proper drainage of the area. 3. As the new homeowners pointed out at the planning meeting without that small area between the stairs and the garage they would be forced to walk all the way around the garage to access their back yard. These are all conditions that we feel are unique to this lot and are the result of existing conditions to the lot prior to our ownership. We feel that we did the best we could to accommodate a very difficult problem that needed to be solved. For these reasons we feel that we meet the criteria for item number (1) of the "Evaluation of Request ". Under item number (2) of the "Evaluation of Request" the planning department uses the Krummenacher V. City of Minnetonka case as their reasoning. In the application for variance that was seen right before us at the commission meeting this was completely ignored and the planning department recommended approval and the planning commission voted and granted approval of the variance. One of the members of the planning commission mentioned that he spoke to the city attorney and that he didn't "Put much weight to the Krummenacher decision ". We only ask for fairness in this situation. We ask that if the Krummenacher decision is not going to be the means of determining a variance request for other citizens of the city, that it not be a determining factor in ours. [Recipient Name] March 25, 2011 Page 3 Thank -you for the opportunity to speak to you about our request and we look forward to meeting with you and answering all of your questions. Sincerely, Brendon M. Stryhn Representing: David & Sarah Handley 702 W. Churchill Street Stillwater, MN 55082 March 7, 2011 To Whom It May Concern: I am writing to respectfully request a variance be approved for our property located at 702 Churchill St. W in Stillwater. We purchased this recently restored house on December 3, 2010, On December 21, 2010 we received a letter from the City of Stillwater explaining that our deck is not in compliance with setback requirements outlined in zoning requirements. We believe our request for variance should be approved based on meeting or exceeding the conditions outlined in City Code, Chapter 31: A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or .financial difficulties, loss of prospective profits or neighboring violations are not hardships justifying a variance. A hardship peculiar to our property exists in that deck modification to meet setback requirements would result in a loss of safe access to our primary house entrance. Without the existing stairs the only remaining access to the house entrances will be via the street. In other words, if the deck is modified and stairway eliminated we will be required to walk in the street to gain access to our house. The property was designed and built with the intent of providing access via stairs from the rear of the garage to the rear of the house. To be clear, we have been unable to determine a method for deck modification that will satisfy the 5 -foot setback requirement and not simultaneously require removal of the stairs. • 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. If approved, this variance will preserve the enjoyment, function, and appeal of a significant and visible portion of our property. Fulfilling the setback requirement will require a significant modification to the deck and elimination of stairway house access, resulting in inhibited normal and safe foot traffic. • The authorizing of the variance will not he ofsubstantial 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. If approved, the variance will result in the deck stairs reaching 2.5 feet into the 5 foot setback requirement. The Churchill property located to our immediate 'Vest is the only other property in this immediate area. There are no structures, access, or usages present in this area of the neighboring property; therefore, there is no detriment. Approval of this variance will result in no material impact or impairment and the purpose or intent of this section of property will be unaffected. The comprehensive plan is affected only in that approval of this variance will result in maintaining safe access to our house entrance. Your consideration in this matter is greatly appreciated. We welcome any questions or clarifications we can provide, including a personal showing of the affected property. Best regards, Dave and Sarah Handley 612 - 584 -8508 March 7, 2011 To Whom It May Concern: I am writing to respectfully request a variance be approved for our property located at 702 Churchill St. W in Stillwater. We purchased this recently restored house on December 3, 2010. On December 21, 2010 we received a letter from the City of Stillwater explaining that our deck is not in compliance with setback requirements outlined in zoning requirements. We believe our request for variance should be approved based on meeting or exceeding the conditions outlined in City Code, Chapter 31: • A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits or neighboring violations are not hardships justifying a variance. A hardship peculiar to our property exists in that deck modification to meet setback requirements would result in a loss of safe access to our primary house entrance. Without the existing stairs the only remaining access to the house entrances will be via the street. In other words, if the deck is modified and stairway eliminated we will be required to walk in the street to gain access to our house. The property was designed and built with the intent of providing access via stairs from the rear of the garage to the rear of the house. To be clear, we have been unable to determine a method for deck modification that will satisfy the 5 -foot setback requirement and not simultaneously require removal of the stairs. • 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. If approved, this variance will preserve the enjoyment, function, and appeal of a significant and visible portion of our property. Fulfilling the setback requirement will require a significant modification to the deck and elimination of stairway house access, resulting in inhibited normal and safe foot traffic. • 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. If approved, the variance will result in the deck stairs reaching 2.5 feet into the 5 foot setback requirement. The Churchill property located to our immediate West is the only other property in this immediate area. There are no structures, access, or usages present in this area of the neighboring property; therefore, there is no detriment. Approval of this variance will result in no material impact or impairment and the purpose or intent of this section of property will be unaffected. The comprehensive plan is affected only in that approval of this variance will result in maintaining safe access to our house entrance. Your consideration in this matter is greatly appreciated. We welcome any questions or clarifications we can provide, including a personal showing of the affected property. Best regards, Dave and Sarah Handley 612 -584 -8508 Brendan M. Stryhn — Representing David Handley 702 W. Churchill St. Stillwater, MN 55082 February 1, 2011 Planning Commission Attention: Mike Pogge City of Stillwater, MN Dear Planning Commission: We are asking that you please grant a variance in reference to a deck landing and stairs that provides necessary access to the home from the garage. As you will see from the photos and plans this deck is not something that is excessive or meant to provide any purpose other than connecting the home to the garage. I will explain why the decision was made to install these stairs. During construction it was brought to my attention that the neighbor to the rear of the property has struggled with water runoff from this property for years costing her significant stress not to mention thousands of dollars trying to come up with solutions. As a solution we raised the elevation on the house portion to force all water from that section of the yard to drain to the street instead of down the length of the yard and into the neighbor's property. Due to the elevation of the street and the fact that we were restricted to use the existing garage this raise in elevation to the house left the garage elevation several feet below that of the house. Our only option was to build a large retaining wall that spans from the house to the street to make up this difference in elevation. This also meant that we needed to create a drain tile system between the garage and the home due to the fact that the water between the two structures had nowhere to go. The stairs were bumped out from the corner of the garage because of this drain tile system running between the deck stairs and the garage corner. Otherwise we could have pushed the stairs closer to the garage to avoid this issue. Without the approval of this variance and the subsequent removal of the stairs the homeowners will be forced to walk out into the street to get access to the back door of the home from the garage. We ask that you please approve this application. Thank -you for your time and consideration. Sincerely, 7L- Brendon M. Stryhn Owner Representative 4 CERTIFICATE OF SURVEY FOR: S & K HOLDINGS LLC C NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY. MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. O SURVEY PURPOSE THE PURPOSE OF THIS SURVEY WAS LOCATE THE EXISTING DECK AND IMPROVEMENTS ALONG THE WEST LOT LINE THAT WERE RECENTLY CONSTRUCTED. THIS SURVEY LOCATES AND SHOWS THE WEST LINE OF LOT 12 ONLY. THIS I5 NOT A BOUNDARY SURVEY. G EXISTING LEGAL DESCRIPTION (as provided by the owner) LOT 12, BLOCK 7, HOLCOMBE'S ADDITION, WASHINGTON COUNTY, MINNESOTA, EXCEPT THE NORTH 12.00 FEET THEREOF. G CERTIFICATION; I hereby certify that this survey, plan or report was prepared by Inc or under my direct supervision and that I am a duN licensed Land Surveyor under the laws of eh e of Minnesota. DANIEL L. "I0 E5 License. No. 25718 sae _ 1 2-1 7 =09 EXISTING /� GARAGE/ BITUMINOUS DRIVEWAY BITUMINOUS/DRIVEWAY 4 SPKE ON LOT LPE EXISTING HOUSE SOUTH HARRIET STREET PROJECT LOCATION: 702 CHURCHILL ST. W. STILLWATER, MINNESOTA NORTH SCALE: 1 INCH = 20 FEET Total Lot Area Lot Depth Lot Width 5,902.4 SO FT. 137.8 FT. 50.0 FT® ■ POSSBLE STREET VACATION} FOUND I/2' IRON PPE MARKED WEST CHURCHHILL STREET 'STACK' (6ITUMNGV5 SURFACE) 0 WATER VALVE UTILITY POLE LIGHT POLE OVERHEAD WIRES GAS METER FENCE CONCRETE DENOTES FOUND 1/2" IRON PIPE DENOTES SET 1 /2" IRON PIPE MARKED RLS 25718 Suite 88100 200 East Chesbiut Street StMeater, MN 55082 Phone 651.275.8969 Fax 651.275.8975 dan@ ossurvey .reel CORNERSTONE LAND SURVEYING. INC �� r CERTIFICATE OF SURVEY FOR: S & K HOLDINGS LLC NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. C SURVEY PURPOSE THE PURPOSE OF THIS SURVEY WAS LOCATE THE EXISTING DECK AND IMPROVEMENTS ALONG THE WEST LOT LINE THAT WERE RECENTLY CONSTRUCTED. THIS SURVEY LOCATES AND SHOWS THE WEST LINE OF LOT 12 ONLY. THIS IS NOT A BOUNDARY SURVEY. C EXISTING LEGAL DESCRIPTION (as provided by the owner) LOT 12, BLOCK 7, HOLCOMBE'S ADDITION, WASHINGTON COUNTY, MINNESOTA, EXCEPT THE NORTH 12.00 FEET THEREOF. C CERTIFICATION: 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly licensed Land Surveyor under the laws of thS3We of Minnesota. DANIEL L E5 License. No. 25718 bate 12 -17 -09 EDGE Or- 817UMINOUS DRIVEWAY - -� BITUMINOUS/DRIVEWAY SOUTH HARRIET STREET POSSIBLE STREET VACATION FOLMD I/2' IRON PPE MARKED 'STACK' WEST CHURCHHILL STREET (BITUMINOUS SURFACE) L _ PROJECT LOCATION: 702 CHURCHILL ST. W. STILLWATER, MINNESOTA NORTH 0 20 40 SCALE: 1 INCH = 20 FEET WATER VALVE UTILITY POLE LIGHT POLE OVERHEAD WIRES GAS METER FENCE CONCRETE • DENOTES FOUND 1 /2' IRON PIPE o DENOTES SET 1/2" IRON PIPE MARKED RLS 25718 Suite #8100 200 East Chestnut Street Sttilwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 den@ cssurvey .net CORNERSTONE LAN C. SURVEYING, INC • --)va_ L.) CL De--VO Lele,d IV\--e,3 Tr- CV) L-SET P.K. NAIL IN BITUMINOUS AT PARCEL COWER, oecK. ' EXISTING GARAGE SET --- SPIKE ON LOT LINE 25 / / / / tr) z U) EXISTING HOUSE: r SOUTH t LINE OF BLOCK 7, HOLCOMBE'S ADDITION PORCH r. lWAte THE BIRTHPLACE OF MINNESOTA COVER MEMO TO: Mayor and City Council Members FROM: Bill Turnblad, Community Development Director COUNCIL DATE: May 17, 2011 RE: Stillwater Area School District's ECFC Project 1. ACTION REQUESTED Consider request from the Stillwater Area School District for: 1) An ordinance amendment to allow early childhood education by Special Use Permit in the RB Zoning District; and 2) A Special Use Permit to operate an early childhood education facility on the Jr. High School property at 523 W. Marsh. Action requires 3 /5ths vote of the Council. 60 Day Review Deadline: May 17, 2011 2. BACKGROUND The School District's Early Childhood Family Center (ECFC) has outgrown its current facility on 60th Street. After a lengthy site search, the School Board proposes to build a new facility on an informal practice field at the Stillwater Jr. High School. 3. PRIMARY ISSUES AND ANALYSIS The two primary issues are traffic and parking. Traffic - The School District's traffic engineers have analyzed the potential impact of adding the new ECFC traffic to the Jr. High site. Given the facts that no more than 85 students will be in the new facility at a time (at maximum enrollment), and that the 85 students arrive and leave at about hour and a half intervals throughout the day, the increased traffic from the ECFC facility will be minimal and will not require improvements to surrounding street infrastructure. Parking - Excess parking will exist on the site during the daytime hours even at the maximum enrollment of the new ECFC. However, during major evening events, parking in the lots could be insufficient. To minimize the impact upon neighborhood streets, the ECFC will not be allowed to schedule an evening event if there is a major event at the Jr. High. ECFC Project May 12, 2011 Page 2 4. CONCLUSIONS AND RECOMMENDATIONS The requested ordinance amendment received its first reading approval at the May 3, 2011 Council meeting. Since the first reading has already been approved, action on the second reading will not occur together with the action on the Special Use Permit request. Instead, the second reading of the ordinance will occur as a separate agenda item under "unfinished business". Related to the Special Use Permit request, the Planning Commission and city staff find that the proposed ECFC meets the Zoning Ordinance's review standards for Special Use Permits. Therefore, on a 5 to 2 vote the Planning Commission recommended approval as conditioned in the attached resolution. Staff also recommends approval of the Special Use Permit with those conditions and one additional condition. The additional condition is that if the ordinance amendment is not adopted, the Special Use Permit will not become effective. BT Attachments: Ordinance Special Use Permit Resolution Planning Report jllwater. THE BIRTHPLACE OF MINNESOTA Planning Report DATE: APPLICANT: LAND OWNER: REQUEST: LOCATION: HEARING DATE: May 13, 2011 CASE NO.: 2011 -10 Raymond Queener, Assistant Supt. of Business & Administration ISD #834 School District #834 1) Ordinance Amendment to allow Early Childhood Education by Special Use Permit in the RB Zoning District 2) Special Use Permit for an Early Childhood Education facility on the Stillwater Jr. High School Property in RB Zoning District 523 W Marsh Street (Stillwater Jr High School) May 3, 2011 [Continued to May 17, 2011] COMPREHENSIVE PLAN: Low /Medium Density Residential ZONING: REVIEWED BY: REPORT BY: RB, Two - Family Residential Torry Kraftson, Assistant City Engineer; Mike Pogge, City Planner Bill Turnblad, Community Development Director BACKGROUND The Stillwater Area Public School District has outgrown its Early Childhood Family Center (ECFC) at 14480 North 60th Street. Therefore the School Board conducted a search for property that would accommodate the ECFC program growth. Many sites were investigated as potential homes for a new facility. In April of last year the School Board approved a purchase agreement with UFE, Inc. for property across the street from the School District's administrative offices on South Greeley. After approval of the site by the City Council of Stillwater, environmental issues were discovered that made use of the site for young children unattractive. So the School Board selected their next top site, which is the practice soccer field on the Stillwater Junior High School property. The new 45,000 square foot ECFC facility proposed for construction on the site would provide a home for early childhood family education (ECFE) and early childhood special education (ECSE). In addition, about 10% of the total area (about 4,500 square feet) would be leased to District 834 ECFC May 13, 2011 Page 2 the School District's partners: Courage Center St. Croix and Northeast Metro 916 Intermediate School District. These two collaborative community partnerships help provide services to children with special needs. Northeast Metro 916 works with school children who have hearing disabilities and Courage Center would provide pediatric therapy services at the site. The ECSE classes and programs are mandated by the State for all public schools. They are required to provide classes and services by licensed teachers to any child with a diagnosed disability that affects their learning and development. As explained in the attached memo from Ray Queener, Assistant Superintendent of Business and Administrative Services, ECFE provides classes by licensed teachers to infants, toddlers, preschoolers and their parents. Parents participate in classes about childhood education and resources related to child development. Young children learn from early childhood teachers who specialize in early learning standards. In a typical ECFE class, parents and children attend once a week. They explore and learn together for approximately 45 minutes and then separate (when age- appropriate) for 45 minutes into classes designed specifically for the children and the parents. Currently about 300 children are served in classes or therapy programs each week. The new facility would allow growth to a maximum of 400 children per week. Since the children and adult participants are typically in the school for only an hour and a half, on one day a week, no more than about 85 children and 50 adult participants (135 total) would be in the building at any given time. SPECIFIC REQUEST In order to construct the ECFC facility on the Jr. High property, the Stillwater Area School District has requested: 1) An ordinance amendment to allow early childhood education by Special Use Permit in the RB zoning district; and 2) A Special Use Permit for early childhood education on the Jr. High School property, should the amendment be adopted by the City Council. EVALUATION OF REQUEST 1) Ordinance Amendment The ordinance amendment to allow early childhood education by SUP in the RB Residential Zoning District has already had its first reading approved by the City Council. The public hearing for the ordinance was held on May 3, 2011. No changes were requested by the Council or the public, so the final version of the proposed amendment is the same as the first reading. Note: Since the first reading has already been approved for this ordinance, action on the second reading will not occur together with the action on the Special Use Permit request. Instead, the second reading of the ordinance will occur as a separate agenda item under unfinished business. District 834 ECFC May 13, 2011 Page 3 2). Special Use Permit The City zoning ordinance considers property uses as either permitted in a zoning district or not permitted in that district. In addition, the zoning ordinance considers some uses as potentially compatible with the permitted uses in a given district if the impact of the proposed use is found acceptable or can be controlled. The zoning ordinance refers to this class of uses as allowed by Special Use Permit. In the RB zoning district early childhood education is allowed with a Special Use Permit (if the second reading of the ordinance amendment is approved by the Council). City Code Ch. 31, Sec 31 -207 (d) establishes guidelines for reviewing requests for Special Use Permits. They are: (1) The proposed structure or use conforms to the requirements and the intent of the zoning ordinance, the comprehensive plan, relevant area plans and other lawful regulations. Both the Comprehensive Plan and the zoning ordinance find it acceptable to locate schools within residential neighborhoods, as long as potential land use incompatibilities can be controlled. Setbacks — Required The required minimum setback for the proposed ECFC building is 20 feet from Hancock Street and 5 feet from the eastern property line. Since Holcombe Street South of Hancock Street is a private driveway (owned and maintained by the School District with no public right -of -way easement encumbering it), there is no required setback from this portion of Holcombe. Setbacks - Proposed The proposed setback from Hancock Street is 50 feet for the majority of the building and 20 feet at its northwest corner. This can be seen in the attached plan sheet entitled "Enlarged Site Plan ". The proposed setback from the east property line is 24.5 feet at a minimum, 29.5 feet for much of the building, and over 75 feet for a portion of the building. Therefore, the minimum required setbacks are met or exceeded by the proposed building. (2) Any additional conditions necessary for the public interest have been imposed. This guideline is addressed below through a variety of review standards. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The two issues that have generated the most neighborhood discussion under this guideline are parking and traffic. District 834 ECFC May 13, 2011 Page 4 Parking - One of the advantages of this site for the School District is that there is currently considerable excess parking on the property and it is in a configuration and situation that would be convenient and safe for the ECFC building. Daytime parking - During the day, there will be ample parking for the simultaneous needs of both the ECFC and SJHS buildings. The Jr. High has 63 classrooms and the parking requirement for a Jr High is 3 parking spaces per classroom. So the minimum number of required spaces for the Jr High is 189. The existing parking fields currently have a total of 399 spaces. That leaves 210 excess spaces. The ECFC will need a maximum of 148 spaces during the day if they reach their maximum enrollment. There is no specific parking requirement in the zoning ordinance for early childhood education. The closest comparable is parking for Elementary and Jr. High Schools, which is 3 spaces per classroom. There are 18 classrooms, so under this comparable requirement only 54 spaces would be required. The need for 148 spaces is based upon current experience with the 300 enrolled students, but projected to cover the needs of the proposed new building's potential to expand to as many as 400 enrolled students. At any one time, at maximum enrollment, the new facility could need as many as 48 staff member parking spaces and 50 parent parking spaces. Clearly, the children will not be driving. So the maximum need at any one time could be 98 spaces. But to provide room for the next shift of parents and their children, 50 additional spaces are provided for turnover. Therefore, the total maximum need is 148 spaces (48 staff, 50 outgoing parents, 50 incoming parents). Therefore, both the Jr. High and ECFC could have a simultaneous combined need for as many as 337 spaces if the ECFC were to reach its maximum enrollment. In order to rearrange the parking lot as recommended by the Planning Commission, 38 parking spaces would be eliminated. The current 399 spaces would be reduced to 361 spaces. Still, there would be an excess of 24 spaces. Nighttime parking - Unlike daytime use of the property, evening use may not always have sufficient parking. On occasion the Jr. High will have an evening concert or athletic event (sometimes two events are scheduled on the same evening - for example a concert and a swim meet). A double event or even a single very large event has the potential to generate more parking demand than can be satisfied on the school property. When this occurs, parking spreads out onto neighborhood streets. If the ECFC building were also used during these heavy parking demand periods the parking situation would become even more difficult. Nearly all of the ECFC classes take place during the day. In the current location there is one class running on Monday nights, one on Thursday nights, and occasional other evening meetings for parents. Any night that there is a class or a parent meeting scheduled, there could be up to 15 cars parked. In addition the Courage Center has late District 834 ECFC May 13, 2011 Page 5 afternoon and evening therapy appointments, which would represent about 4 therapists working individually with children - so there could be as many as 6 -8 cars at a time, including staff. Therefore, on any given evening there could be a need for a maximum of 23 spaces. ECFC has the flexibility to ensure that none of their larger events or meetings (creating a larger demand than the standard 23 cars mentioned above) would be scheduled when there is a public event at SJHS. Careful monitoring of the Master Schedule will be needed to reduce the number of nights when two major events get scheduled at the SJHS. To mitigate the worst case parking scenarios the City Council should consider recommending a condition in the Special Use Permit that prohibits scheduling a larger event at the ECFC when a major event is scheduled at the SJHS. Traffic — SRF Consulting Group, Inc. completed an analysis of the impact that the ECFC would have upon the streets in the neighborhood. Traffic counts were done at both the Stillwater Junior High and the current ECFC building to compare current hourly traffic volumes to what the property would generate if the ECFC were there and enrolling its maximum 400 students per week. Those studies are attached. Their conclusion is that all streets and intersections would be able to accommodate the additional traffic and that the internal circulation design is good. • Since parents will park in the lot and walk with their young children across the traffic aisle on the north side of the lot, the Planning Commission recommended rearranging the lot striping and adding a clear pedestrian pathway for ECFC parents and children to use. The revised site plan incorporates the Planning Commission suggestions. • The ECFC and Jr. High School hourly traffic profiles indicate that there would be minimal overlap of peak hour traffic volumes. ECFC generated traffic will enter and exit the site more consistently throughout the day versus the higher morning and afternoon traffic peaks associated with the Jr. High School. • The ECFC and Jr. High School hourly traffic profiles also indicate that the additional traffic generated by the ECFC uses would not be significantly higher than the existing Junior High School uses. This can be seen in the attached profile graphs by comparing the projected ECFC maximum enrollment data in red with the existing Junior High School data in blue. • The report concludes that the ECFC traffic would not result in a significant traffic volume increase on any of the neighborhood roadways or City collector streets. No average daily traffic count increases would be experienced greater than 15 percent with most increases less than 10 percent. Therefore, the proposed ECFC would not represent a significant adverse traffic impact. The City's Public Works Director agrees with this conclusion. District 834 ECFC May 13, 2011 Page 6 MISCELLANEOUS REVIEW STANDARDS Building design The main entrance to the early childhood center will be on the south side of the building. Here busses can cue to drop off and pick up older auditory impaired students from the Northeast Metro 916 Intermediate School District. And parents of the early childhood parents will be able to park in the lot and approach the building with their young children via a dedicated pedestrian way. Two service doors will be located on the west side of the building. The exterior materials for the ECFC building are predominantly brick. Panels of other materials are used sparingly to break up the building's facades and to introduce materials found in homes of the neighborhood. The view of the building from the residential neighborhoods includes many windows and pitched roof lines. From the school property some portions of the building will have a more institutional look with a flat roof. Visual interest has been added to the building by creating bump -outs and alcoves. The result is that no side of the building has a single continuous facade. Also, every facade of the single story building has numerous windows. The trash will be kept in an enclosure accessed from the private driveway portion of Holcombe Street. Landscaping Kathy Widin, the City's forestry consultant, reviewed the landscaping plans. All of her comments have been incorporated into the revised landscaping plan dated May 5, 2011. Civil engineering The Public Works Department reviewed the civil engineering plans and their comments have been incorporated into current version of the plans. • Final drainage calculations will need to be submitted along with a completed Middle Saint Croix Watershed Management Organization application. The drainage calculations shall indicate no increase in runoff from the 2, 10, and 100 -year storm events. This appears to be the intention based on the design of the 3 drainage basins. Some drainage calculations have been submitted, but additional drainage information is needed. Additional required submittals are a drainage boundary map, a calculation summary sheet, and inclusion of 23,000 square feet of proposed drainage area (existing drainage area is greater than proposed drainage area). These additional drainage materials are required prior to final approval. • Prior to construction, an NPDES permit must be obtained from the MPCA. District 834 ECFC May 13, 2011 Page 7 ALTERNATIVES The City Council has several alternatives. A. Approve. If the proposed Early Childhood Family Center is found to be acceptable, the City Council could adopt the attached Special Use Permit Resolution, which includes the following conditions: 1. The Special Use Permit will not become effective unless the City Council adopts the ordinance amendment allowing early childhood education by Special Use Permit in the RB Zoning District. 2. The site shall be developed in substantial conformance with the following plans on file with the Planning Department except as may be modified by the conditions herein: • Enlarged Site Plan dated May 4, 2011 • Perspectives dated May 4, 2011 • Demolition Plan C1 dated May 4, 2011 • Paving and Dimension Plan C2 dated May 4, 2011 • Grading And Erosion Control Plan C3 dated May 4, 2011 • Utility Plan C4 dated May 4, 2011 • Landscape Plan C5 dated May 5, 2011 3. Final drainage calculations must be submitted to the City Engineer and found satisfactory to him prior to commencing any on site grading or excavation. 4. A completed Middle Saint Croix Watershed Management Organization application shall be submitted. 5. Prior to commencing any on site grading or excavation, an NPDES permit must be obtained from the MPCA. 6. To mitigate the worst case parking scenarios on the site, the School District shall avoid scheduling a larger event at the ECFC building when a major event is scheduled at the Stillwater Jr. High School. B. Table. The 60 day review deadline for this case is May 17, 2011. C. Deny. If the City Council finds that the proposal does not meet the Special Use Permit review standards, it could deny the request. With a denial, the basis of the action must be given. RECOMMENDATION The Planning Commission recommended conditional approval of the Special Use Permit on a 5 to 2 vote. Staff also recommends approval of the Special Use Permit with the conditions as stated above. attachments: Zoning and Location Map Ordinance Special Use Permit Resolution District 834 ECFC May 13, 2011 Page 8 Enlarged site plan Building perspectives Civil engineering plans Landscape plan Traffic Study (Feb 7, 2011) Hourly Traffic Volume Memo (May 4, 2011) Neighborhood Petition Emails from Johnson, VanMeerten, Lunzer Branjord Letter Email from Lori Brind re: scheduling for parking purposes School District request letter and program overview Ti 14 .. 1 District 834 ECFC May 13, 2011 Page 9 4J f 1 7 Proposed ECFC Site 1 11 Stillwater Jr. High School 1 -.es, 4 4- m: S r 1 1 —SPaSi -aaawe- ECFC Proposal Zoning & Location Zoning Districts zoning - A.P. Agricultural Preservation - RA Single Fanily Resklnhal RB. Two Famtr Residential TR. Tractional Resectran l -IR Lakeshore P-esalenhal ^ CR. Cottage Re ,4 -nhal - 04 Townhouse CTR. Cove Tradihmrl Pesedaohal - CCR. Cove Cottage Residential f1 I RCM. Medium Densitc P.eadential - RCH High Density Residennel 9 ! VC. Village Commercial - CA General Commercial - CBD. Central Business District BP-C. Buttress Park • Conmercial si BP -O. Business Park - Office - PA Public Administration - CRD. Campus Research Development 80.1. Business Palk - Industrial - IB. Heavy Industrial - PROS - Park. Rec or Open Space J PWF Public Works Peaty Road R -0.W - Raikoad Open Water ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "EARLY CHILDHOOD EDUCATION" IN THE RB, TWO- FAMILY ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that Early Childhood Education (which includes both "early childhood family education" and "early childhood special education" as defined by the State of Minnesota) is substantially similar to many aspects of primary education. Moreover, primary education is allowed by Special Use Permit in the RB, Two - Family Residential Zoning District. Therefore, early childhood education shall also be allowed with a Special Use Permit in the Zoning District if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31 -207. 2. Amending. City Code Chapter 31, Section 31 -315, Allowable Uses in Residential Districts, is hereby amended by allowing "Early Childhood Education" with a Special Use Permit in the RB, Two - Family Residential Zoning District. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk RESOLUTION NO. 2011- A RESOLUTION APPROVING SPECIAL USE PERMIT FOR STILLWATER AREA SCHOOL DISTRICT'S EARLY CHILDHOOD FAMILY CENTER ON THE STILLWATER JR HIGH SCHOOL PROPERTY CASE NO. 2011 -10 WHEREAS, the Stillwater Area School District made application for approval of a Special Use Permit to operate an Early Childhood Family Center (ECFC) facility for early childhood family education, early childhood special education and related services on the Stillwater Jr. High School property, on property legally described as: See Exhibit A; and WHEREAS, on April 11 and May 9, 2011 the Planning Commission held a public hearing on the requested Special Use Permit and recommended approval with the conditions found below; and WHEREAS, on May 17, 2011 the City Council held a public hearing on the requested Special Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Special Use Permit with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Planning Department except as may be modified by the conditions herein: • Enlarged Site Plan dated May 4, 2011 • Perspectives dated May 4, 2011 • Demolition Plan C1 dated May 4, 2011 • Paving and Dimension Plan C2 dated May 4, 2011 • Grading And Erosion Control Plan C3 dated May 4, 2011 • Utility Plan C4 dated May 4, 2011 • Landscape Plan C5 dated May 5, 2011 2. Final drainage calculations must be submitted to the City Engineer and found satisfactory to him prior to commencing any on site grading or excavation. 3. A completed Middle Saint Croix Watershed Management Organization application shall be submitted. 4. Prior to commencing any on site grading or excavation, an NPDES permit must be obtained from the MPCA. 5. To mitigate the worst case parking scenarios on the site, the School District shall avoid scheduling a larger event at the ECFC building when a major event is scheduled at the Stillwater Jr. High School. Enacted by the City Council of the City of Stillwater, Minnesota this 17`h day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk JA- WEST HANCOCK STREET Cla T� s j Classrooms Classro -_ oms 3fL Class _„__ Mech i Claslrrohms Conf. Roof Overhaul (Dash Line) 11 I s Classrooms rl Physical Activity 5 r-- Clasirooms *. * #* Legend Recessed Ligh (Dot) in Property Line (Bold Phantom Line) O20' -0" Right -Of -Way Setback (Thin Phantom Line) Office Clas rooms 0 5%0" Side Yard Setback (Thin Phnntom Line) op-oft/lick-1p MID Bus Route Views (see attached sheet) Bus Route Arrows) oNORTH 7 / 0 30' 60' 0 STILLWATER AREA PUBLIC SCHOOLS Stillwater Early Childhood Family Center Enlarged Site Plan May 4, 2011 BWBR ARCHITECTS STILLWATER AREA PUBLIC SCHOOLS Stillwater Early Childhood Family Center Perspectives May 4, 2011 B W B R ARCHITECTS 0 6.) 0 uJ re In SCHOOL DISTR CT ,0 LEGAL DESCRIPTION: The Prep, Repen iry and Tide. Ine 66.11arman M.20.1 :11=7:■':;?1,e175.6"'"":411::Zet6.7::6°,:mt 0„anof al ■M hattn,„ WEST '7:7.11:;11,7::Z HANCOCK STREET (------1 / , I I p i g i $ 4 N zIk IL e / e 1 e 0 s, i / h 1 OP s ,- -1 i / i 15, 4i 1 e I ...T1 1 I 1---5 el I ji . ..- ffiftzo,_ ---,,, 7- ..F.:7-4,-6 747,.., -.„. / 1 1 irrk.7-.. Fii.v7P ,..x .•_.." • • X r ri----.1 Ser0.1.-1, 3115.80 I \ XD Vi FI %AMU X M. k - 7- t--- ' ----- . - • 11111111111 ----266sco e=s ■IWIHHW14;.°;°64 ,0 LEGAL DESCRIPTION NOTES: ,c.) SURVEY NOTES: TM DIMING MGM elSOMTION hudEM •MIRENM MSS AMITY IOLMIMMY SIAVEY 06 TM NOM Mt '.'"".".1."'"5:7"BrCA'rri.= Of MI6 OMC•1116050006 oernoc. mammy 66 SURVIV/6 MMARY MT, 200, Gopher State One Call PZ■-lj41.2=1•TZ" MOW. ITIPT.3.117:71.11■111. 111,1. 7011. nit LOCATION 06116 IMPROMM000 9100nd MY fa. '1•1'.:T=STILTIVITZ7r== 7■1IrEPKELNEASS110.113ANENCIKYOISInfr. INF atm UK wisr HANCOCK SIAM IS • 10.AL ALL11.1..1.115 SHOWN ARI PIERREPIll VICIIITY MAP: SP LEGE,,,K; WATERMAM PER AS BUILiS • =Mt... • 11Cm Am ...Amu.. es mmn v6ms MM. mon me • 60m6M cummy WORN Mr ess coacm Imam/vamp .411 ,,,, • wm........ — ,,,,,. 0 30 60 1.1 STILLWATER JR.HIGH SCHOOL C01,0 MIKE MURPHY LARSON ENGINEERING 3529 labore Road White Bear Lake. MN 55110-5100 hone: (651)481-9120 COU8.11. PM GTO •C=. PROJECT 5 3 MARSH STREET WEST .0•■ CORNERSTONE I,EIO SURVEYING. INC .0■•■• mem.. PIROIPOr PO. BOUNDARY SURVEY Stillwater Area Public School. ECFC BWBR ARCHITE(. (5 Larson , Engineering, Inc. 3524 Llhore 17.0 Mlle BM, 1..6. MN 06110 651.181 920 11651.461.0201 606,1nmemengmnm BOL^1NO- SUR Ey CO • V V 1 ; E- re 10 I I 10, H 416_11 t 6 _J tfl s1,1”."r WEST HANCOCK I STREET 280,0 • 0 0 --o 0 0 F° Ira 4 4, / * * • / /1\ Mgr 11 SYMBOL LEGEND I I DEMOLITION NOTES ,SZNX,F=SNO 010000E OF EXMLING0INNIMOU0 0 g0,7,F=VTL0NO DISPOSE OG .WM600000E70 o 0 REMOVE MO DMPOSE OF MCMING CATCSSIMANMSOSTORN Plsk. 0 REMOVE ONO ONCARDEASTNGSTMES. 0 REMOVE AND ONCARD DUSAN MOW Poi, 0 REMOVE NM ONCAPO EMSTNN 0ENSP PIVE NORTH Stillwater Area Public Schools ECFC BWBR ARCHITECTS R,1111 Larson ye Engineering, Inc. Latmes Stsgpi WM. Bow L000 MN 00111 851,191,120 ,r,601,011 www.10,0000,000011 07.00,0•00v ist De- ■1111, C1 cv.:Cr1174CENV70,113.11„......Z.F.:01, rija=oF 1 MEI Z-1.7,1"0.7,1 HANCOCK STREET I _ I ACCsrE tr1 MAf9N ""A A A 4 A NIL PROPOSED TTtA1, B M PERv1. • / iry r 7516, / • :44wi 6.74 i',_ : -1-2i r / AM' 41 3././/3 T V ZLOOP= 11311304,40 SCO LIGHT-DUTY BITUMINOUS 0 PAVEMENT SECTION 1101 SCALL — uJ cc k SYMBOL LEGEND Nen, ■33.03 colcarrE ovE3 11.3311..4133.33 3.3.33 W.W.I/4113343M nea3REGkiE sumo. E±H 11111111 11..tra.:Kan,,YrVer;Mar.....a. retrISN:ryKa. ■-■ WING 33013,Fuof nit CONCRETE CONSTRUCTION DETAIL WI 10 91. CRACK SEAL, AND AGGREGATE SEAL COAT DETAIL 0033 3,31,, B612 CONCRETE 0 CURB & GUTTER DETAIL mato am EX1311X4313113.411E Sol B618 CONCRETE CURB & GUTTER DETAIL PERVIOUS CONCRETE PAVEMENT DETAIL ;•:, t." 441:,1,I,I1V4P-%1V•*:4470•4Kyfp0 :o-V l KO 70 SIAM FAIPLPPTEERRR OR VF3EA3B° = RMIC .E 3.1,11163.010 3 ACCESSIBLE RAMP DETAIL WITH TRUNCATED DOMES 111 SURMOUNTABLE CURB 0 & GUTTER DETAIL auto mar NORTH Stillwater Area Public Schools ECFC ,80 St. PorE Serce, Sum 300 311 121 FIT. Larson Engineering, Inc. 3524 Labore WhIle Bear Lake. MN 5511P 651.431,120 (11351,431.9.1 1111,,A130113331,13. PAVING AND DIMENSION PLAN C2 Comp,lit 11311113 Architects t# ;5 5 ; - g 5 -g- . . g 22 I 1 . • 13; ' 'WEST 4IANCOCK "." I STREET 1 r PROPOSED BUILDING Frgerel FLOOR ELEVA71014 Ae0330 0.4-50404 ® *0670 ROCK C0.57inrC110.4 [14,A14C - •:•:-.; ''' 41,41'0 - MISR MS/. OVERIROW MLA MAMMY overnot. item fie 74 KAM 1.11•11.11■1 0.11,01• MAIM HD rr wewri, IMMO .104/1", -0A.14.£4 WOOff frULIAARSOICA 0AAver..,,A ..`,7To'47,17.47r=7)I.IZT=Lrg=i3=4■TZ,s. SILTATION FENCE INSTALLATION DETAIL PLAN 1,0 CM 79 Cr. MATRA utrre OVERFLOY A eel. eee4109,44411,4”44,00 Warelti. 0.1.I1(3.7 ROC tO I r .1,01 BA.9441114414.■ rIVIerel [Aaatrl le," MAI Ann. I 7411.415 PROFILE INFRASAFE INLET PROTECTION DEVICE (OR EQUAL) . 10 SCALE rn — INFRASAFE INLET PROTECTION DEVICE (OR EQUAL) NO7 70 MLLE EROSION CONTROL NOTES I. Own* Contacl...■ CAAHAelerrAholl he rasa* Serail Nes p.n.., la Ills 0.414. 7.5wPrranair..0 all N.. HerlHeHre ary AreArAlree Aremeenee wen, mts,e, ° n FA ArA Aeseree Mtn.. arre Me, cense,. er144As. ewer ne ArlAri re treeree Area or Ore peep 0 en,* 1S, main reivrene el. see. GRADING NOTES trz:.;_,..esroso row—or ro. SPOT ELEVATION LEGEND II 1C• 01,44141FACIARA S•ekl.0 vVerre DROCK CONSTRUCTION ENTRANCE NOT 70 RAE 410 NORTH Stillwater Area Public Schools ECFC BWBR AR, F1111( IS 1..000 “01. 0,0 Pm, mer 600 -R. Larson Engineering, inc. ISM Lam 10200 Velib.......■•■ Ono enamel:am Wielaterel AnOrMYMAtrift..4. GRADING AND EROSION CONTROL PLAN C3 r.4,,,fie Arelltreel4 , • 106.0 •VAV w.r 4,RO SAV SLOPE yvA „AV.= --r • 4140.30 IIMV•81.7 3,13 STROP PROPOSED BULDING ME IV Per— IS/ G34 RDA •SOLIS MA / ON4 CF.* KM ALM INR•4•173E/W STREET L Li. DROJERE T wut •. . UTILITY NOTES WATT essAmis twa .4 we 4.(44. RAMAT,. wILAWA wsrns, Wessse !RI FAwIAVIRS r Asenc/W4 actersw, .41,46 4,1(n4s.(1,444, FAS. SOTTO!. OF (440 =7, BIO RETENTION BASIN PREC-AST Rrtkla STARA n CIASW-TEAOF ME TIFACTIF. .F T O'F7SEVIZiTOTZP RO MACS STACTURES ARE ALLOWED 4.1401 (4■E sEW44.4 WW2 (TVE ASV snwpsw,v., s CONCRETE ADJUS0.141 RAWL WIRRAL SEC OF MORTAR neTwil, 1-4.44ND 6,4RECAST RENEW. CONCRF c 4P TAAL ATM MRCS RASTAES ALL JOWITS MPIVOSE TO MAST .0,1144 RUBBER EAVTETC o- SLAB TACESESS W FOR 14' EFFETE. peAro,r c FOP NM, (OF DEETT CREATE( CIS, ATOPER,ww, SECTION vemionTe. s. I W STORM SEWER JUNCTION MANHOLE DETAIL 1101110 Stillwater Area Public Schools ECFC BWBR ARCHITECTN Larson Engineering, Inc. SSE. LASCre Rowl WNW RAV Lake MN 55110 SS1.481.4120 BSI AR1.9201 WRATASRAATASTOV4 (4.414,44EARTA. UTILITY PLAN C4 C.,-noin MAX M.N., LEGEND NOTES 77' 7,Z=17,7=Z-ZrZ-VT,0:7•""°"°'"'""'""""" FEL ":77, rIE,SiSFEC'ILFE TREE LIST: Site Plantings PROPOSED BUILDING MP. MCP*, Rerr pppp, pp‘p raisse- sums 12r PPP, PIPSDE 114 PPM RN l'4%! inaallabis =2.1M/MP 1110111••• Ilene MP IMPINIL PAPPLLIPS POPIP TCP C.L.11.4.17.6.■ 1441 "4. Ufil21,9=21MIR431161.9=1, W.' WPM OM 1111111 10 t ONO 10 MAIM% 0 TREE PLANTING DETAIL ilir•seg AZ.T. Mt= !IL NORTH CONIFERIOUS TREE 0 PLANTING DETAIL oust Stillwater Area Public Schools ECFC B W B R Aaruincts Larson Engineering, Inc. )5/05/1 1 LANDSCAPE PLAN C5 Consulting Group, Inc. E NGINEERS P LANNERS DESIGNERS SRF No. 0117356 TECHNICAL MEMORANDUM TO: Gregory A. Buchal, P.E., Project Manager LARSON ENGINEERING INC. Early Childhood Family Center, Project Management Team STILLWATER AREA PUBLIC SCHOOLS — DISTRICT 834 FROM: John Hagen, PE, PTOE, Senior Associate Jeff Bednar, TOPS, Senior Traffic Engineering Specialist DATE: February 7, 2010 SUBJECT: EARLY CHILDHOOD FAMILY CENTER — STILLWATER JUNIOR HIGH SCHOOL SITE TRAFFIC IMPACT STUDY INTRODUCTION As requested, we have completed a traffic impact study for the proposed Early Childhood Family Center (ECFC) co- located on the Stillwater Junior High School Site in the City of Stillwater, Minnesota. The junior high school campus site is located north of Orleans Street and west of 6th Street (see Figure 1: Study Area Project Location Map). We understand that the purpose of this traffic impact study is to address the following issues and concerns: • ECFC site generated faculty, student drop off /pick up, visitor and school bus traffic levels, and the distribution of ECFC generated traffic on the supporting roadways once the ECFC is co- located on the Stillwater Junior High School site. • Possible residential neighborhood traffic impacts related to the ECFC generated traffic on the supporting roadways and possible traffic impact mitigation strategies. EXISTING CONDITIONS Morning and afternoon peak period (7:00 to 9:00 AM and 2:00 to 4:00 PM) turning movement counts were collected by Larson Engineering Inc. staff at selected study area intersections on Tuesday, January 25th, 2011. Based on these traffic counts the junior high school related peak hours begin at 7:15 AM and 2:15 PM. Existing roadway and intersection geometrics and traffic control were verified based on recent aerial and street view photography. www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer oultort ,LakrvI.w Lily Hospital 4i� " Lake Recreation Anoa r . .. . si. S Ito/ it Fairview Junie , t�h Cemetery Sob ohm ; INNStudy Area Project Location Map *. Eirckk© Consulting Group, Inc Proposed Early Childhood Family Center — Stillwater Junior High School Site — Traffic Impact Study 0117356 February 2011 Larson Engineering Inc. /Stillwater Area Public Schools District 834 Figure 1 Gregory A. Buchal, P.E. 3 - February 7, 2011 ECFC, Project Management Team The existing average daily traffic (ADT) volumes presented in this traffic impact study are estimates based on the City of Stillwater 2009 Traffic Flow Map, the previous study (2008) of the junior high school bus related site improvements and the morning and afternoon peak period turning movement counts collected at selected study area intersections as part of this study. PROPOSED STILLWATER EARLY CHILDHOOD FAMILY CENTER The new Early Childhood Family Center (ECFC) is proposed to be co- located on the existing Stillwater Junior High School Site (see Figure 2: Existing Site Aerial Photograph). As shown in Figure 3, the proposed ECFC concept site plan is well configured in terms of traffic circulation, and provides good access to the supporting transportation system. The plan takes advantage of existing parking on the Stillwater Junior High School site and provides adequate space for ECFC play areas. The plan also results in locating the proposed ECFC close to an elementary school which may allow integration of other school programs. Based on information provided by the school district, most ECFC clients /students (65 percent) will arrive by passenger vehicle, half of which will be dropped- off /picked -up by parents or guardians with the other half being accompanied by their parents or guardians for the length of their visit. The remaining clients /students (35 percent) will arrive by bus. The drop- off/pick -up area is proposed at the main building entrance and appears to operate as a one -way westbound roadway on the south side of the proposed ECFC building. There appears to be a service access on the north side of the proposed ECFC building on Hancock Street. As passenger vehicles approach this one -way westbound entrance to the drop- off/pick -up from both directions it is recommended that the passenger vehicle turning radius be checked for an eastbound left -turn from the main circulation roadway to the westbound drop- off/pick -up roadway. On -site drop - off/pick -up area guide signing should be considered to ensure clients /students are dropped- off/picked -up on the site and not in the adjacent neighborhoods. A review of the ECFC and junior high school hourly traffic profiles indicates that there would be minimal overlap of peak hour traffic volumes. The ECFC morning peak hour begins at 8:30 AM with traffic entering and exiting the site more consistently throughout the day with the afternoon peak hour beginning at 3:00 PM. According to information provided, there would be minimal programs that run into the late afternoon or early evening hours. Parking for the proposed ECFC will take advantage of existing parking for the junior high school. ECFC clients /students and/or their parents or guardians who park at the ECFC will access the building as pedestrians by crossing the main east /west roadway serving the junior high school and ECFC and the one -way drop- off/pick -up roadway near the building's main entrance. Marked and signed pedestrian crosswalks should be considered at these two crossing locations. \Projects \7356 \TS \Figures \F igu re2 Anderson Street Marsh Street Stillwater Junior High School Orleans Street RI 1Existing Site Aerial Photograph Consulting " " "'`'' "` Early Childhood Family Center — Stillwater Junior High School 0117356 February 2011 Larson Engineering Inc. /Stillwater Area Public Schools District 834 Figure 2 H:\Projects\7356\TS\Figures\Figure3 Hancock Street en FI •t U R 411:91111 Option 1 1 Story Building 45,000 SF PArk91q Anagyem Lotot rcu 1911 Total ' I.min .A9 Hats 1ltr Req. br ECFC: 180 Oslo PrWne. 198.176.1190. .61 Stnlls a, ONLY 706411 • 15' Ili llt■ Amon Pmnarxg Lr r- 398.1x= 384 Suits ECFC Stillwater Junior High Sit* Studioe Oecember 28.2010 iimp41 Proposed Stillwater ECFC Concept Site Plan Consulting Group, Int 0117356 February 2011 Proposed Early Childhood Family Center — Stillwater Junior High School Site — Traffic Impact Study Larson Engineering Inc. /Stillwater Area Public Schools District 834 Figure 3 Gregory A. Buchal, P.E. - 6 - February 7, 2011 ECFC, Project Management Team TRAFFIC FORECASTS Based on information provided by the ECFC staff, trip generation estimates for the proposed ECFC were developed. The proposed ECFC will generate approximately 490 trips (with 245 inbound and 245 outbound) on an average weekday. For comparison purposes, a trip generation estimate for the proposed ECFC was developed using the Institute of Transportation Engineers (ITE), 2008 "Trip Generation" Report. Since the ITE "Trip Generation" Report does not contain data for early childhood family centers, trip generation rates for Day Care /Pre - School facilities were used. The resultant ITE trip generation estimate for the proposed ECFC site is 448 trips on an average weekday. Based on this comparison, the ECFC client/student and faculty /staff based trip generation estimate of 490 daily trips was considered reasonable and was the basis for the ECFC traffic volume projections. Based on information provided by the ECFC staff, it is estimated that three (3) trucks will serve the proposed ECFC on an average weekday. These trucks would include a daily USPS mail delivery truck and two of the following possible trucks: UPS /FedEx, solid waste disposal, food service, school supply and maintenance trucks. Many of these trucks may already be on the study area roadways on a daily basis and would not be new trucks in the neighborhood. Based on ECFC staff information, special events will occasionally occur, but not frequently enough to include in the average weekday daily trip generation estimate. There are also existing trips generated by the existing site (which is now an athletic field). However, because this existing site traffic is seasonal and not a daily occurrence it was determined that a trip reduction to the ECFC design weekday trip generation estimate was not required. The 490 ECFC generated daily trips were assigned to the existing study area roadways based on an assumed directional trip distribution (see Figure 4: Proposed Stillwater ECFC Site Generated Traffic Directional Trip Distribution). This ECFC site generated traffic directional trip distribution was based on information related to the geographic distribution of the proposed ECFC client /student and faculty /staff population provided by the ECFC staff. The resulting traffic projections are shown on Figure 5. As shown in Figure 5, the proposed ECFC generated traffic would not result in a significant traffic volume increase on any of the selected study area roadways (no increases greater than 15 percent with most increases less than 10 percent) when ECFC generated traffic is added to the existing study area selected roadway daily traffic volumes. The following are selected examples of the estimated daily traffic volume increases on study area roadways: • Churchill Street west of Holcombe Street: + 275 vehicle trips per day (3.5 percent) • Holcombe Street south of Churchill Street: + 200 vehicle trips per day (6.5 percent) • 6th Street south of Churchill Street: + 105 vehicle trips per day (5.3 percent) • Hancock Street west of 6th Street: + 30 vehicle trips per day (13.6 percent) • Hancock Street east of 6th Street: + 60 vehicle trips per day (14.0 percent) Based on these estimated daily traffic volume increases, and since the majority of these new trips will be scattered throughout an average weekday between the hours of 8:30 AM and 4:00 PM, it is concluded that the proposed ECFC would not represent a significant traffic impact on the study area neighborhood roadways. A StiHyvatir .'. Junior,Righ: SchooC t *aH`st" Note: 5% of the Proposed ECFC site generated traffic directional trip distribution (not shown) is distributed to the surrounding neighborhood streets. �1 1 Proposed Stillwater ECFC Site Generated Traffic Generalized Directional Trip Distribution Consulting Group, lin 0117356 February 2011 Proposed Early Childhood Family Center — Stillwater Junior High School Site — Traffic Impact Study Larson Engineering Inc. /Stillwater Area Public Schools District 834 Figure 4 H:\ Projects \7356 \TS \Figures \Figure5 Andes "fa One -Way Drop - OfffPick -Up Daily Traffic Volume Legend Existing = X,XXX Projected = (X,XXX) I,1 Study Area Daily Traffic Volumes - Existing and Projected Figure 5 Consulting Group, Inc Proposed Early Childhood Family Center — Stillwater Junior High School Site — Traffic Impact Study 0117356 February 2011 Larson Engineering Inc. /Stillwater Area Public Schools District 834 Gregory A. Buchal, P.E. ECFC, Project Management Team - 9 - February 7, 2011 CONCLUSIONS AND RECOMMENDATIONS Based on the results of this Early Childhood Family Center (ECFC) traffic impact study, the following conclusions and recommendations are offered for consideration: • The proposed ECFC concept site plan is well configured in terms of traffic circulation and provides good access to the supporting transportation system. • The proposed drop- off/pick -up area at the main building entrance operates as a one -way westbound roadway on the south side of the proposed ECFC building. As passenger vehicles may approach the entrance to this one -way westbound drop- off/pick -up from both directions it is recommended that the passenger vehicle turning radius be checked for an eastbound left - turn from the main circulation roadway to the westbound drop - off/pick -up roadway. It is also recommended that on -site drop- off /pick -up area guide signing be considered to ensure clients /students are dropped - off/picked -up on the site and not in the adjacent neighborhoods. • Parking for the proposed ECFC will take advantage of existing parking available on the junior high school site south of the proposed ECFC building. ECFC clients /students escorted by their parents or guardians who park at the ECFC will access the building as pedestrians by crossing the main east/west roadway serving the junior high school, the ECFC and the one- way drop - off/pick -up roadway near the building's main entrance. It is recommended that marked and signed pedestrian crosswalks be considered at these two crossing locations. • The proposed ECFC site would generate approximately 490 trips on an average weekday. This estimate compares conservatively with an estimate based on the ITE "Trip Generation" Report. • The ECFC and junior high school hourly traffic profiles indicate that there would be minimal overlap of peak hour traffic volumes. ECFC generated traffic will enter and exit the site more consistently throughout the day versus the higher morning and afternoon traffic peaks associated with the junior high school. • The number of trucks serving the proposed ECFC is estimated to be three (3) on an average weekday, with many of these trucks already on the study area roadways on a daily basis. • The proposed ECFC generated traffic would not result in a significant traffic volume increase on any of the selected study area roadways (no increases greater than 15 percent with most increases less than 10 percent). Therefore; the proposed ECFC would not represent a significant adverse traffic impact on the study area neighborhood roadways. H :•I Projects17356ITSIReportslECFCFinal Traffic Memo.docx Consulting Group, Inc. ENGINEERS P LANNERS D ESIGNERS SRF No. 0117356 MEMORANDUM TO: Michael Murphy, PE, LEED AP, Department Manager LARSON ENGINEERING INC. Early Childhood Family Center, Project Management Team STILLWATER AREA PUBLIC SCHOOLS — DISTRICT 834 FROM: John Hagen, PE, PTOE, Senior Associate Jeff Bednar, TOPS, Senior Traffic Engineering Specialist DATE: May 4, 2011 SUBJECT: EARLY CHILDHOOD FAMILY CENTER — STILLWATER JUNIOR HIGH SCHOOL SITE TRAFFIC IMPACT STUDY — HOURLY TRAFFIC VOLUME PROFILE GRAPHS INTRODUCTION As requested, we have completed a follow -up traffic analysis related the proposed Early Childhood Family Center (ECFC) co- located on the Stillwater Junior High School Site in the City of Stillwater, Minnesota. This follow -up traffic analysis supplements the ECFC Traffic Impact Study completed February 7, 2011. TRAFFIC ANALYSIS In order to help illustrate the existing traffic on Holcombe and 6th Streets, and the anticipated increase in traffic volumes as a result of the proposed ECFC facility, a traffic volume profile was prepared for each roadway. Exhibit 1 shows the hourly traffic volume profile on Holcombe Street south of Churchill Street and Exhibit 2 shows the hourly the hourly traffic volume profile on 6th Street south of Churchill Street. The background traffic volumes shown in Exhibits 1 and 2 (shown in light blue) are based on hourly traffic volume counts conducted during the week of April 18, 2011. The additional traffic volumes attributed to the proposed ECFC facility (shown in red on Exhibits 1 and 2) are based on traffic counts taken at the existing ECFC facility in Stillwater, and data provided by the ECFC staff. As shown in Exhibits 1 and 2, the proposed ECFC facility will primarily add traffic to Holcombe and 6th Streets during the off-peak periods (i.e. 9:00 AM to 1:00 PM, 3:00 to 5:00 PM and occasionally 6:00 to 9:00 PM). Therefore, the proposed ECFC facility will not represent a significant adverse traffic impact on the study area roadway system. www.srfconsu1ting.com One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447 -4443 l 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Hourly Traffic Volume 1000 900 800 700 600 500 400 300 200 100 Exhibit 1 Holcombe Street Weekday Hourly Traffic Volume Profile Showing the ECFC Traffic Added to the Existing Background Traffic Based on traffic counts conducted the week of April 18th, 2011 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 < < < < < < << < < < < 0- 0- 0- 0 - 0- o- o- o- o- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o o o oo o pc o c) 0 0 c) er; L:r; Cc; N 00 C Q rJ 1 rJ m Cri L15 N 00 a o L-1 L-1 Time of Day • ECFC Added Traffic on Holcombe St Holcombe St Existing Background Traffic Hourly Traffic Volume 350 300 250 200 150 100 50 Exhibit 2 6th Street Weekday Hourly Traffic Volume Profile Showing the ECFC Traffic Added to the Existing Background Traffic Based on traffic counts conducted the week of April 18th, 2011 < • < < < < < < < < < < < a 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 N rl N M LP LD N CO Ql O ci N c-I c-i c-i ri a D_ D_ a D_ D_ D_ D_ D_ D_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rl N M 4 L() Li; N 00 Ql O rl r-I r-I Time of Day • ECFC Added Traffic on 6th Street 6th St Existing Background Traffic Bill Turnblad From: Mary M. Lunzer [Iunze001 @umn.edu] Sent: Friday, April 01, 2011 9:37 AM To: Bill Turnblad Subject: Re: Traffic report for ECFC site On 4/1/2011 9:23 AM, Bill Turnblad wrote: Mary, It was nice to talk with you this morning. I have looked at the civil engineering plans to see whether Hancock would be effected by water or sewer connections. Water would be a single trench from the curb directly to the middle of Hancock right in front of the ECFC building. Sewer is in Holcomb near its intersection with Hancock. So, in neither case would Hancock be effected for long. And when it is, it will only be a small portion of the street near the intersection with Holcomb. I have attached the traffic study that we spoke of. However, I have not reviewed it yet. As the planners and engineers here review the proposal, we will make recommendations to the Planning Commission and City Council on how to minimize the impact upon neighborhood parking. If you have questions or other comments, please feel free to contact me. Bill Turnblad Community Development Director City of Stillwater 651.430 -8821 (direct) Thank you for sending me the information. The data for the traffic flow was from the older studies: The existing average daily traffic (ADT) volumes presented in this traffic impact study are estimates based on the City of Stillwater 2009 Traffic Flow Map, the previous study (2008) of the junior high school bus related site improvements and the morning and afternoon peak period turning movement counts collected at selected study area intersections as part of this study. The other statement: According to information provided, there would be minimal programs that run into the late afternoon or early evening hours. If you check out there website: http://ecfc.stillwater.k12.mn.us/Parent Child Classes.html you will see that they have classes that run until 7:45 in the evening. The majoirty of the classes in the evening are only one - tow hours so you will have more traffic going in and out of that area through out the evening. Sincerely, Mary Lunzer 1 Bill Turnblad From: Dahlquist, Michael S MVP [ michael .s.dahlquist ©usace.army.mil] Sent: Tuesday, April 12, 2011 1:47 PM To: Bill Turnblad; Michel Pogge Cc: Doug Menikheim Subject: FW: ECFC Plan I thought you should have this for your records and information. Thanks - Mike Original Message From: Scott & Cindy Van Meerten [mailto:cvsv(acomcast.net] Sent: Tuesday, April 12, 2011 12:39 PM To: aron .buchanan(a4co.ramsey.mn.us; Dahlquist, Michael S MVP; mrgallickcomcast.net; eric.fsci(a,gmail.com; mikekocon(a aol.com; jsmalsam(yahoo.com; afsunbergna yahoo.com; sspis. k(dmac.com; jcwolden@pro- ns.net Subject: ECFC Plan THANK YOU ALL for pulling through and questioning the things we here in the neighborhood around the Junior High have been questioning for months! After all the work that was done two years ago to re -route the traffic to and from the school, the school board now wants to take two steps back. We had over thirty signatures back in January that were presented to Mr. Queener in opposition of the project, but apparently we gave the list to the wrong person because they've been conveniently moved under the table. Before last night, we had pretty much resigned ourselves to the building going through. That's why there was such a poor showing. We were given the impression from our focus group and all of the architect renderings that the building was a "done deal ". Along with the traffic study being re- defined, I believe we should also be asking for a revised bus schedule to and from the current ECFC. If any of you have a chance, please stop by and watch the traffic coming and going at the current ECFC. Big Buses are coming and going at all times. That along with shuttles from the Courage Center and 916 will also need to be added to the mix. I also think the school board is being rather short- sighted when estimating future needs and growth. They've planned for growth in the building itself, but not for additional parking needs and bus traffic. Parking along our city street will most likely be inevitable. If you park cars on both sides of Hancock Street, good luck getting emergency vehicles through. The way they've set up the main entrance only «image001.png» adds to the congestion. You would almost need to add another entrance -one for bus drops and one for pedestrian, and I don't see the room for it at this site. I've also done a basic search of the ECFC in Cottage Grove. Please review the attached satellite photo. They have theirs located along highway 61, where it is easily accessible for traffic in a light commercial zone, not in a residential area that is already maximized. Sorry to ramble on but I have one last thought, please consider the ability for those of us along Hancock Street and surrounding area to sell our homes when the time comes. We've gone from having an immaculate green space to having a huge building surrounding us? 1 Which location would "you" rather live in? We will again be pounding the pavement for signatures that we plan on presenting at the May 9th Meeting. Again, THANK YOU ALL VERY MUCH!!! Scott & Cindy Van Meerten 501 West Hancock Street Stillwater Bill Turnblad From: Bill Turnblad Sent: Monday, May 09, 2011 9:16 AM To: 'Scott & Cindy Van Meerten' Subject: RE: ECFC Stillwater, MN Mr. and Mrs. Van Meerten, I am not aware of a state mandate that precludes early childhood education from sharing space in other public school facilities. But, the question is not germane to the Planning Commission's discussion and decision tonight. The question for them tonight is not whether another site would work for the land use, but whether the site requested by the School Board satisfies the review criteria for Special Use Permits. Bill Turnblad From: Scott & Cindy Van Meerten f mailto:cvsv @comcast.netl Sent: Monday, May 09, 2011 5:38 AM To: Bill Turnblad Cc: aron.buchanan @co.ramsey.mn.us; michael .s.dahlquist usace.army.mil; mrciallick @comcast.net; eric.fsci @gmail.com; mikekocon @aol.com; ismalsam©yahoo.com; afsunberg @vahoo.com; sspisak @mac.com; jcwolden @pro- ns.net; Michel Pogge Subject: ECFC Stillwater, MN Mr. Bill Turnblad Community Development Director Stillwater, MN 55082 We would like the planning commission to address an inconsistency with a state mandate that says the Early Childhood Center cannot be connected to a school. The school board stated this is not possible when asked if the new ECFC could be connected to an Elementary School. Our reasoning is predicated by young children being able to utilize many of the features an elementary school has to offer(smaller scale chairs and bathrooms, playground equipment, etc.). While the school board has insisted on utilizing property already owned, when offered this as an alternative, they fall back on the "State Mandate ". Further research indicates that Parkview Center School, 701 County Road B West, in Roseville does indeed have an ECFC directly connected to its K -8 School(See Photo). Furthermore, the school is located on a main thoroughfare right off of Highway 36, not in the middle of a residential area as the Junior High site is. Could it be possible that the mandate comes into play because of the lease agreement with outside tenants Courage Center and 916? The so- called "School" is suddenly looking more like a "For- Profit" center. Does this plan violate the zoning for this area? We've also come up with some final research numbers regarding the petition that was circulated throughout the neighborhood. We attempted 103 homes including the following streets: Holcomb Churchill Hancock Marsh Seventh Street Sixth Street Fifth Street 1 There were 103 total homes attempted. 26 of those were "No Answer ". 5 of them would not sign. And 72 of them signed the petition against. That comes out to roughly 74% against. Thank you for your time, Scott & Cindy Van Meerten 501 West Hancock Street Stillwater, MN 55082 Bill Turnblad From: Bill Johnson [BiII.Johnson @word - wizards.com] Sent: Tuesday, May 03, 2011 6:18 AM To: Bill Turnblad; Michel Pogge Subject: Notice of Public Hearing, Case No. 2011 -10 Tuesday, May 3, 2011 Dear Mr. Turnblad and Mr. Pogge, I am writing in regard to Notice of Public Hearing, Case No. 2011 -10. The potential relocation of the ECFC to 523 Marsh Street West is of great concern to me. For me, this is not a NIMBY issue. Rather, my main concerns are traffic infrastructure and pedestrian safety. I live and work out of my home on 6th Street S., just a half block up from the Junior High parking lot, so I have a firsthand perspective. Already, the local streets are heavily used for school purposes, primarily parents picking up and dropping off their children from the Junior High School. Many of these vehicles cut through narrow side streets — Hancock is a prime example which were not meant to accommodate this traffic. Moreover, I have observed that a number of these vehicles do not obey the stop signs at the intersection of 6th and Hancock, creating even greater danger. With the ECFC relocation to the Junior High property, this situation will only get worse. More importantly, I believe you are putting Junior High students and other pedestrians (including me) at risk. Significant stretches of streets in the neighborhood do not have sidewalks: 6th street south of Hancock, all of Hancock, 5th Street, Anderson Street and others. Bottom line: How can we be talking about adding more traffic to local streets when we don't have the sidewalk infrastructure for students and other walkers? I'm afraid that this is a tragedy in the making. Thank you for considering my thoughts on this. Sincerely, William A. Johnson 1015 6th Street S. Stillwater, MN 55082 651- 351 -9385 i i Early Childhood Family Center — Traffic implications Lily Lake: 605 students. Just off of Pine Street and Co. 5. Oak Park: 380 students. Just off of Orleans and Osgood. Stonebridge: 470 students. Just off of Owens. SJH: 1000 + students. 2 blocks from Churchill if taking Holcomb. Alternatives: Hancock; Marsh; 6th St. None of which have sidewalks. Orleans doesn't have a sidewalk either, but that is N/A as proposed ECFC wouldn't use that access route. Summary: Proposed ECFC is adding 400 students and their families to a site that already has more than 1000 students, with access more limited than the other schools in town. More than 1400 students, and the added factor that the ECFC kids will be going in and out continuously all day, and after normal school hours. Adding 400 students to any other school listed above would still only bring their student population up to what the SJHS neighborhood already accommodates. Space required for ECFC Building: 45,000 square feet —1 acre proposed. This is more than 4 times larger than the existing site. Questionable, considering that the School District stated they had outgrown the current site and need approximately 22,000 square feet — twice the amount of current site. Playground: A playground that is 109 ft. X 100 ft. = 10,900 sq. feet. This is .25 Acres - Plenty big for disabled children under 5. Parking: .5 Acres would accommodate 136 cars. (160 sq. ft. per ave parking space.) Figures obtained using 43,560 sq. ft. =1 Acre. TOTAL: 1.75 acres would accommodate the 1 acre building; a 10,900 sq. foot playground, and parking for 136 cars. cod, 64 hadvel& Summary: School District Proposal states 5 acres are needed for ECFC. Where does this figure come from? The above figures leave 3.25 acres remaining. The building isn't getting bigger. A playground over .25 acres is excessive. Would there need to be more than 136 parking spaces (.5 acres) at one time? Highly doubtful. Alternatives: What about adding onto existing schools that have better traffic access? The district has several elementary schools and 2 junior highs —is it absolutely necessary to have just 1 ECFC? The answer is clearly "no." Is it tragic to ask parents to sometimes have to drive across town between sites if not every single resource was made available at one site? And to possibly have to do this for a maximum of 5 years? This seems like a one - stop- shop /Walmart proposal. Yes, it's ideal to be able to get everything one wants at one location, but sometimes that's not possible or feasible. The SJHS neighborhood is already doing its part supporting more than 1000 students. PLEASE DON'T PILE ON! Adding this site onto any other school in town would only bring those neighborhoods up to what the SJHS already accommodates. Petition to STOP Construction of New ECFC Building on the current Stillwater Junior High athletic practice field located to the north of the main parking lot on Holcombe street 15- Apr-11 Considerations: 1. Additional bus traffic coming and going. (12 arrival. and departure times per day and averaging 3 to 4 buses at a time) These numbers were provided by District #834 Transportation Department at the current facility and will certainly grow. Current Junior High Bus traffic is only twice per day. The ECFC will have bus traffic all day long. • 2. Additional personal vehicle traffic all day long. (490 additional trips per day) 3. The Athletic field was Just updated with sprinkler system, new sod, cyclone fencing and backboard for lacrosse and soccer players a couple of years ago at a significant cost to taxpayers, yet the new building will throw that money down the drain. The field is also extensively used for athletic events during the spring, summer and fall. 4. Oak-Land Jr. High property was also considered. 0 Dbtrict property Is the only option being considered, this location seems to warrant further study since It would not, interfere with a residential area at all. 5. Property values for those of us in the immediate area would most certainly be driven down. Going from an extensively used athletic field to a 45,000 square foot building is like throwing a factory into the middle of a park. 2r April 15th, 2011 Print) Signature Address Phone # _ +c s.... 1014 &4S1.. 667) Y ,-- .-6 KL.I iitri 9P4,-1 E V t 1�,y'�•r�r ) Ls! I 9s-67 -S.3 �i+3 3i /l- 6 eX�e td.- 1 _ /_, __, ,._ V. `" - / & 3 -- 0 eirwmPrirrum7:7—salfzii/ • amiumimtaw ii tSt t o �o j T1 1 rt 14 I.- 1 y Sw..• co a-N) Win, 11/14•41".1"_ wi l ,' -' /J/ /vU / 3 !r 4 T % s G S ~/ v ! -13 72_. Yr P livoi ie 1.44000,•J i� % / G o3 w • �hv► .i J 1 s�-• 'sl - +4' 30 - So 7a- Sk1:1 FM, Or e ��G D3 W • GJnwr +U t{•4 65-1-36k3"" 1110 ,$ D . N oyos 1 'Ir, .n4 . . u 7Z2 Ctw evricC" 7- GS/ - L/p - 9`O Pp '� ;7# 619 .•,> 4' A, r - St„ e) -57(4 lg 4/fa .ArActocK0.- eralle 6_9- M' ,ID - 06ea .3o w. h l•se -o 4 4 P .6 'a.`'•'`'1 ' G .ri- k3' . 6 %+/ 103•..... • 2 3 Vor *A(.4. locxx c.‘ e Petition to STOP Con Ion of New EcF.C. Building on the current Stillwater Junior..High athletic praCtit*fiekilocated to the north of the main parking lot . on Holcombe. street • • , :„••• January 16th, 2011 ' ' • •Oinsiderationsp 1. Additional bus traffic COtaing*no:giong: (12 arrivajand diparture times per day and averaging 3 to 4 buses at a time) These numbers were provided by District/334 Transportation Department etthimirrentladlity. ' . . . • • 2; Additional Personal vehicle traffic. (UnknoWn nuMber) 3. The Athletic fleld.washist,uodated with sprinkler system, new sod, cyclone fandni and backboard for lacrosse and soccer plow; a couple of years ago at a sIgnfIcant cost to taxpayers, yet the new building will throw that money down the drain. The field is also extensively used for athletic events during the spring, summer end fail. 4. Oak-Land Jr. High property was also considered. if Dbtrkt property is the only option being considered,. this location seems to warrant further study since It would not Interfere with a residential area at all. 5. Property values for those of us in the immediate area would most certainly be driven down. Is the school district going to compensate homeowners for the reduced re-saki value? k Name(Print) 5 nature Address Phone,/ 4i4Viat.) Niikzii,1 , , f . pt._ (41 aT, taiiiii% k'';),, I . (PO° - . -- 0 AA, IR ' ,!.1.. 651 .w' SO - • 0 r' .* * ‘ ."' `34,1001 QOpyi 6t.'0 41 ; ■ ' it '. pis- '!i. '"" ' • • • 14)..) .L 7' - 0 .5 t i./. -if,5 r .3.iz4.. ..ietkiJ cyii...e:., - c5 71-57L 431-.73/ . • • 1 0 4 . / 1 January 16th, 2011 Name(Print) Address -r (a.:l? )41dV Alje,, 161777 s - C3 L/7 - 41sv..d'ode v\ii I) Avly. aL 6Gt S1-311- qbs, Bf S OA- R4 —A, t 1/ // 01j�l A4if ar- • April 15th, 2011 N . Print) Signature Address Phone # at.- y,.C61-- ,� - 101 L e.)11-- 6C- ) ki '- 4 6 ." 6 M IPATIPM ammo �,, AaAi 'fry. " reeirasam • Vv-r- -- _ b4 i Fir _ _ ._2 • ,----,w. * . 00sCrJ 10 30 6-44 4r( 3 r7 / (o !..)- 61, M r - w,".v_ // > 45/ii /VG / (0 3 y a- 4 7 5 4- 5/ -4+/ -< 3 7Z_.. Yft-P14 E}- 4 i e. j „ h 4 . 4 5 o,J i % :'' ( P 02 W . S-I-. 4.57 - 4 4 - 3 0 - O P- SINI>1 PKC. 4-IS . 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Ck4vck i!I at 6s-t —4l3cj _ go3a- i STILLWATER AREA PUBLIC SCHOOLS MEMO TO: BMl Turnblad, Community Development Director FROM: Ray Queener, Assistant Superintendent of Business and Administrative Services DATE: March 17, 2011 RE: Zoning Text Amendment and Special Use Permit Request Stillwater Area Public Schools' service to the children of our community does not just begin at kindergarten. In addition to its school buildings, the district also operates an Early Childhood Family Center that serves children and their families from infancy through age five. Classes are taught by licensed teachers who maintain the same standards and receive the same training as teachers throughout the 1{ -12 system. Early Childhood Program Overview There are two main programs housed in the Family Center; Early Childhood Special Education (ECSE) and Early Childhood Family Education (ECFE). Early Childhood Special Education (ECSE) provides classes and services for children with a diagnosed disability that affects their learning and development. These services are mandated for all public school districts and are free to families with a child who qualifies. Children receive services from licensed early childhood teachers and several other specialists, such as a speech pathologist, physical therapist, adaptive physical education teacher, occupational therapist and other health professionals. From birth through age three, these services are provided primarily in the home of the child. From age three to five, these children are served in the Family Center and participate in specialized programs designed to prepare them for kindergarten and beyond. While parent involvement is a strong component of ECSE, most classes and therapies are provided in children - only classes, with transportation provided to and from the child's home on a school bus. Stillwater Area Public Schools believes strongly in an integrated model of service for young children. To the degree possible, children with special needs and typically - developing children learn together in classrooms designed for children of all abilities. Early Childhood Family Education (ECFE) provides classes for infants, toddlers and preschoolers, as well as their parents. Parents participate in classes taught by licensed parent educators who provide education and resources about child development. Young children learn from early childhood teachers who specialize in early learning standards. In a typical ECFE class, parents and children attend together once a week. They explore and Iearn together for approximately 45 minutes and then separate (when age - appropriate) for 45 minutes into classes designed specifically for the children and the parents. ECFE receives categorical funding through the state to be able to address barriers to learning. Participation fees are on a sliding fee scale based on family income and for those with the most need, fee waivers are provided. Other support services include sibling care, where a parent can register for class with one child and ECFE child care staff provides care for the sibling while the parent is in class. Early Childhood Screening is a developmental screening for children from 3-4 years old. All children must participate in screening prior to entry into any public school in Minnesota. The purpose of screening is to provide parents with information about how their child is growing and developing, as well as identifying any delays in their development. Screening professionals are able to refer children and families for further services through ECSE as well as other community agencies. Approximately 400 children are served in classes and therapy programs at the Family Center each week, with about 85 children and 50 adult participants in the building at any given time. Early Childhood Family Center Project Partners Two organizations will be providing integrated programming within the Early Childhood Family Center, both of whom have exciting, well- established partnerships with Stillwater Area Public Schools. Courage Center St. Croix will be locating their pediatric therapy services at this site, which will be a great benefit to the clients we already share. Intermediate School District 916 will also have programming located in the building that serves young children who are deaf or hearing impaired. Both organizations will lease some dedicated space (in total, less than 10% of the building square footage) and will share common spaces like conference rooms, large muscle activity space and the playground. In prior project plans, there was a space designated for a licensed child care tenant to lease a portion of the building. The scope of the project has been scaled back and there are no longer plans for a private child care component. As described above, child care services are already provided on -site for children whose parents are in the building participating in a class. These support services would continue to be provided to families enrolled in our programs. Lli► STILLWATER AREA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 834 March 17, 2011 Mr. Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Mr. Turnblad: 1875 South Greeley Street Stillwater, Minnesota 55082 Tel: 651-35i-834o Fax: 651-351-8380 tdd: 651.351.8338 www.stillwater.k12.mn.us Stillwater Area Public School District is requesting a zoning text amendment to include early childhood education as a part of K -12 schools zoning text. Additionally, the district is requesting a Special Use Permit to construct an early childhood education facility on the Stillwater Junior High campus, located at 523 West Marsh Street, in Stillwater. Stillwater Area Public Schools is submitting this request to support our plans to build a new facility to accommodate expansion of the Early Childhood Family Center (ECFC). The district's current ECFC is located at 14480 North 60th Street in Stillwater. This location has been leased for 17 years and the growth of our programs necessitates a new larger facility. The proposed facility will be approximately 45,000 square feet and will contain approximately 20,000 square feet of educational classroom space; 20,500 square feet of office, common and shared support space; and 4,500 square feet of rentable space to be leased to our community partners. These partners include Courage Center St. Croix and Northeast Metro 916 Intermediate School District. These collaborative partnerships will help to better serve the needs of families and children in the community, especially those children with special needs. The facility will take advantage of the existing parking lot adjacent to the building site, and the district will make use of existing storm water solutions to meet the requirements of the new facility. A traffic study (included) indicates that the increased visits to the campus show minimal traffic volume increases on surrounding streets. Hours of operation will be staggered with the start/end times of the Junior High School so that there is no increase of traffic during peak volume times for the neighborhood. If you have questions regarding this zoning request, please contact me at 651- 351 -8321 or queenerr(stillwater.k 12.mn.us. Thank you for your prompt attention to this request. Sincerely, Raymond C. Queener Assistant Superintendent of Business and Administrative Services 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, StillwaterArea High School, Stillwater junior High, Valley Crossing Community School, Withrow Elementary Bill Turnblad From: Lori Brink [brinkl @stillwater.kl2.mn.us] Sent: Monday, May 02, 2011 2:31 PM To: Bill Turnblad Cc: serickson @bwbr.com; Ray Queener Subject: Scheduling at New ECFC Hello Bill. I was told that it would be helpful for you if I would further clarify the issues surrounding scheduling at the proposed Early Childhood Family Center on the Stillwater Junior High Campus. 1. All of the programming offered by ECFE and ECSE is scheduled cooperatively and the building's weekly operational schedule is managed by Community Education. The start and end times of these classes and programs are within our control and not dependent upon any other outside agency. Classes and events would be scheduled so that they would be staggered and not overlap with the arrival or dismissal times at Stillwater Junior High. 2. The programs offered by District 916 and Courage Center St. Croix have start/end times within their control as well and would be similarly scheduled. 3. All "outside of school time" events that use our school buildings or athletic fields are scheduled through a master - scheduling system in Community Education. This includes both internal events (concerts, plays, parent- teacher conferences, track meets) as well as community rentals and public use (dance recitals, 4 -H events, caucus meetings, etc.). All events scheduled must run through this same system so that conflicts can be avoided and so that we are not scheduling multiple "large" events at the same time due to parking /traffic concerns. As mentioned in a prior meeting, all of the above is within our control. The only events beyond our control would be swim /dive competitions that may be re- scheduled by our athletic conference. This is a rare occurrence, but we would need to shift schedules to accommodate it. I hope this is helpful. Please let me know if you need further information. I would be happy to respond to questions about this issue at the meetings as well. Thanks. Lori Lori Brink Director of Community Education and Community Relations Stillwater Area Public Schools Phone: 651 - 351 -8322 Fax: 651 - 351 -8401 i 1. Public Education and Outreach • Contract with EMWRP for $2,142 (2011) • 17 partners • 8 Watershed Organizations • Washington County and Conservation District • 7 Cities/ Townships • 3 -year contract expires Dec. 31, 2012 • Covers Education Component of SWPPP • Articles, Outreaches, Annual Reporting 5/11/2011 Stillwater MS4 Process • The primary goal of this permit is to restore and maintain the chemical, physical, and biological integrity of Water of the State through management and treatment of urban storm water runoff. • MPCA approved the City storm water permit on December 28, 2007 Required SWPPP Components • 1. Public Education and Outreach • 2. Public participation • 3. Illicit discharge detection and elimination • 4. Construction site storm water runoff control • 5. Post - construction storm water management in new development and redevelopment • 6. Pollution prevention/ good housekeeping for municipal operations • 7. Restricted /Trout Water Discharges 2. Public Participation • Public Notice for Storm Water Meeting • Consider any comments at Storm Water Meeting • Public Comments/ Complaints • Public Input Form 3. Illicit Discharge Detection and Elimination (IDDE) • Storm sewer map • IDDE ordinances updated May, 2008 • IDDE enforcement • 1 complaint in April 2010 about fertilizer in gutter at New Heights Charter School, talked to School District about concern 5. Post Construction Storm Water Management in New Development and Re- development • Implementation of Best Management Practices for Storm Water Management • Regulatory Mechanisms /Ordinances 5/11/2011 4. Construction Site Storm Water Runoff • Ordinance revision May, 2008 • Plan reviews • Preconstruction meeting • Construction inspections coordinated with Watershed District 6. Pollution Prevention and Good Housekeeping • Street sweeping- twice per year and more frequently in areas as needed • Annual inspections- Structural Pollution Control Devices, stockpiles, and 20% of ponds and outfalls • In 2010, we inspected 37 of 154 (24 %) outfalls and 30 of 107 (28 %) ponds 7. Restricted/ Trout Waters • Restricted Waters Discharge Assessment • Source water protection area • Trout stream discharges Restricted Discharge Assessment Summary • By 2030, 177 acres of 0.5 -inch infiltration • To date 72 acres (40 %) of impervious surfaces have been treated with infiltration practices 5/11/2011 7'lIF: BLUE STAR AWARD PROGRAM The City of Stillwater �i.iina•�i'f \Vat, Blue Star Award Presented to Stillwater in October, 2010 One of 12 MN Cities to receive recognition for excelling in stormwater management iwater THE BIRTHPLACE O F M I N N E S O T A COUNCIL REPORT DATE: May 10, 2011 APPLICANT: City of Stillwater CASE NO.: 2011 -04 REQUEST: 1) Create PROS (Park, Recreation or Open Space) Zoning District 2) Rezone Properties that are Inconsistent with 2030 Comp Plan PUBLIC HEARING: May 3, 2011 Continued to May 17, 2011 REPORT AUTHOR: Bill Turnblad, Community Development Director BACKGROUND On June 1, 2010 the City's 2030 Comprehensive Plan was adopted. State law requires that once a new or updated comprehensive plan is adopted all of a city's "official controls" must be made consistent with it. One of those official controls is the zoning map. City staff reviewed the zoning map for inconsistencies with the Comprehensive Plan's future land use map. For each of the future land use map's categories there are a number of zoning districts that are potentially consistent. For example, if the future land use map shows a property guided for LDR (Low Density Residential), there are four consistent zoning district classifications: RA (One Family), TR (Traditional Residential), LR (Lakeshore Residential) and CR (Cottage Residential). If a property guided LDR is not zoned as one of these four districts, the zoning is inconsistent with the Comprehensive Plan and the inconsistency has to be resolved. 403 properties were found to be zoned inconsistently with the future land use map. 303 of them are related to a new zoning district envisioned by the 2030 Comprehensive Plan. The new zoning district is to be known as the PROS (Park, Recreation or Open Space) Zoning District and the ordinance that would create the district had its first reading approved by the City Council on May 3, 2011. The second reading and adoption of the ordinance could occur at the May 17, 2011 Council meeting. Page 2 of 28 SPECIFIC REQUESTS 1. Approve the second reading and adopt the ordinance establishing the PROS (Park, Recreation or Open Space) Zoning District. 2. Adopt a rezoning ordinance for 369 of the inconsistently zoned properties. 3. For the nine inconsistently zoned properties that will require Special Use Permits when rezoned, adopt a rezoning ordinance that will become effective after Special Use Permits are approved for them. EVALUATION OF REQUESTS 1. Adopt an ordinance establishing the PROS (Park, Recreation or Open Space) Zoning District. Currently public and private parks, athletic fields, golf courses, nature preserves and miscellaneous recreational and natural open spaces are zoned residential, commercial, or industrial. They are all proposed to be rezoned to the PROS district. This rezoning would add another layer of protection further guaranteeing these open space uses would not be converted into residential, commercial or industrial uses (as their current zoning would allow). Before any property can be rezoned to PROS such a zoning district must be created. Attached is a draft of the ordinance creating the zoning district. The Park Commission, Joint Planning Board and Planning Commission all reviewed the language of the first draft. Several revisions were recommended and are all included in the attached ordinance. The revisions are: 1. "Dog Park" was added by SUP to the use list. 2. To address the Planning Commission concern regarding the 50 foot front setback for buildings, the Park Commission combined front, side and rear setback items into a single line item and added a footnote that any building setback can be less than 50 feet by Special Use Permit if the building location will not negatively impact neighboring properties and where the closer proximity is reasonable. For example, if a building like a gazebo has to be next to a front sidewalk for some reason, the setback could be less than 50 feet with a SUP. 3. The word "maximum" was added to the impervious area line item of the massing regulations table. 2. Adopt a rezoning ordinance for 369 of the inconsistently zoned properties. The owners of each of the 403 inconsistently zoned properties, as well as all of their neighbors within 350 feet, were mailed notices of their neighborhood meeting and each of the scheduled public hearings for this rezoning project. During the many discussions before, during and after the neighborhood meetings 34 properties surfaced that merit an alternate method for resolving their Comp Plan inconsistencies. The other 369 properties were uncontested and continue to be included in the list of properties to be rezoned and appear in Exhibit A of the attached rezoning ordinance. Page 3 of 28 The inconsistencies for the 34 "alternate method" properties will be resolved in one of five ways: A. Leave the property zoned as it is, since it would be consistent with the Comp Plan land use map whether rezoned or not. There are four such properties: ID #119, #120, #182 and #221. Details for each are found in the attached reference table. The method for providing consistency for Parcel #221 is not resolved yet. The Stillwater Highlands HOA that owns the property would like to leave it zoned RA, City staff recommends rezoning it to PROS. For now, it is listed with the group of properties that will not be rezoned at the request of the HOA. Prior to action by the City Council, the resolution method will need to be agreed upon. B. Leave the property zoned as it is and resolve the inconsistency by amending the future land use map. There are 11 such properties. 1. The first 10 are all located on Linson Circle. ID #10-12, 17-23. Details for each are found in the attached reference table. All of these lots have duplexes on them. Two of the neighborhood's property owners have requested that the lots be left zoned RB, Two Family Residential as they now are. To resolve the inconsistency, the future land use map would be amended to reguide these lots LMDR (Low/ Medium Density Residential) instead of the current MDR (Medium Density Residential). The land use map amendment would be the subject of a separate public hearing in the near future. 2. The 11th property is SE -TAC located at 1778 Greeley. ID #25. Like the gas station next door, this property will remain zoned BP -C. To resolve the inconsistency with the future land use map, the map will be changed from Industrial to Commercial. The land use map amendment would be the subject of a separate public hearing in the near future. C. Leave the property zoned as it is and change the consistency table (Table 1.8) of the Comprehensive Plan by making the existing zoning of the property consistent with the property's future land use classification. There are four such properties: ID #338, #366, #367, #368. Currently these are all zoned AP (Agricultural Preservation). Details for each are found in the attached reference table. The owners asked that they stay zoned AP. To resolve the inconsistency, the AP zoning district would have to be added to the Table 1.8 List of consistent zoning districts in the PRS (Park, Rec or Open Space) future land use classification. D. Rezone the property to some consistent zoning district other than what is proposed. There are 13 such properties including all marina properties and the St. Croix Boat & Packet shoreline properties. ID #14, 29, 31, 32, 41, 45 -50, 52, 53. Details for each are found in the attached reference table. The owners of Wolf Marina asked that marina properties be rezoned to CA, General Commercial. But if rezoned to CA, any use listed in that zoning district would be allowed on the river shore property. Since the St. Croix River Overlay District specifically prohibits most of the uses allowed in the CA zoning district, rezoning to CA is not a realistic option. Another solution is necessary to resolve the marina inconsistencies. Therefore, the 13 properties have been removed from this public hearing and will be addressed as part of a separate public hearing in the near future. Page 4 of 28 E. Rezone the property to a different district than proposed AND change the future land use map category. There are only two properties in this group. They are both owned by the City for the recreation center (ID #307, 308). Since the recreation center's main land uses are parking lot and quasi - commercial recreation, rezoning to BP -C, Business Park Commercial seems more appropriate than rezoning to PROS. Consequently, the Planning Commission recommends giving the City more flexibility and rezoning both parcels to BP -C. This would also require amending the future land use map by changing the guiding for the property from PR, Park and Recreation to COM, Commercial. 3. For the nine inconsistently zoned properties that will require Special Use Permits when rezoned, adopt a rezoning ordinance that will become effective after Special Use Permits are approved for them. The second rezoning ordinance identifies nine properties that are proposed to be rezoned to RCM, Medium Density Residential. In each instance the existing use is allowed in the RCM Zoning District by Special Use Permit. Therefore, city staff is recommending that these properties be rezoned to RCM, but that the rezoning would not become effective until the city approves Special Use Permits for them. The hearing for the Special Use Permits will be addressed as part of a separate public hearing in the near future. RECOMMENDATION The Joint Planning Board, Planning Commission, Park Commission and city staff recommend that the City Council adopt each of the three attached ordinances. And, that the remaining inconsistencies be addressed in separate public hearings in the near future. Attachments: PROS Ordinance Rezoning Ordinance SUP Rezoning Ordinance Reference Table (34 Alternate Method Properties) Page 5 of 28 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 31 OF THE STILLWATER CITY CODE BY CREATING A PARK, RECREATION OR OPEN SPACE (PROS) ZONING DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. Chapter 31, Section 31 -301 of the City Code shall be amended by adding the following: (w) PROS — Park, Recreation or Open Space district Section 2. Chapter 31, of the City Code shall be amended by adding Section 31- 324.1 as follows: Sec. 31- 324.1. PROS park, recreation or open space district. The PROS, Park, Recreation or Open Space District is regulated as follows: (a) Purpose. Private and public parks, recreation and natural open spaces are essential to support community health and wellness, connecting the individual resident to natural and ecological stewardship and appreciation, promoting cultural resources, and fostering the economic vitality of the community. (b) Allowable uses. (1) See Table in Section 31 -325 for the allowable uses within this district. (c) Massing regulations. Minimum lot area NA Maximum structure height Single story, 20 feet or less Structure setback from all property lines 50 feet' Maximum impervious area 25% of site2 Section 3. Chapter 31, Section 325 of the City Code shall be amended by adding a column to the use table for the PROS district containing the following: I Less than 50 feet is allowed by Special Use Permit where: 1) use of the structure will not negatively impact adjacent properties; and 2) where the closer proximity to a property line is necessary for proper and reasonable use of the structure and its surrounds. 2 For Park, Recreation or Open Space uses including public boat launches, pocket parks and public recreation centers where customary usage would require more than 25% impervious area on a site, a Special Use Permit may be issued by the City Council for greater than 25% impervious cover. Page 6 of 28 Use Permissibility3 Parks P Trails P Park Structures4 P Playgrounds P Nature Preserve P Athletic Fields with lights SUP Outside tennis courts with lights6 SUP Outside basketball courts with lights6 SUP Outside hockey rinks with lights6 SUP Athletic Fields without lights6 P Outside tennis courts without lights P Outside basketball courts without lights P Outside hockey rinks without lights P Recreation Center' SUP Multiple Purpose Park Building SUP Golf Course P Golf Course Club House SUP Dog Park SUP Public boat launch SUP Other passive recreational or natural open spaces P Parking lot ACC Section 4. This Ordinance shall be in full force and effect from and after publication according to law. Section 5. In all other ways the Stillwater City Code shall remain in full force and effect. 3 P = Permitted; SUP = allowed by Special Use Permit; ACC = allowed as an accessory improvement to an allowed use located on or adjacent to the site. 4 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings. 5 6 acre minimum site area. 6 3 acre minimum site area. 7 10 acre minimum site area. Page 7 of 28 Adopted by the City Council this day of , 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Page 8 of 28 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. Purpose. On June 1, 2010 the City Council adopted Stillwater's new 2030 Comprehensive Plan. By Minnesota law the city's zoning map must be consistent with the new Comprehensive Plan's future land use map. A number of properties in the city are not zoned consistently with the new Comprehensive Plan. This ordinance rezones those properties to be consistent. Section 2. The City's Official Zoning Map is amended by changing the zoning district classification of the properties described in Exhibit A. The same properties are graphically depicted in Exhibits B - F. This proceeding is known as Planning Case Number 2011 -04. Section 3. This Ordinance shall be in full force and effect from and after approval of publication according to law. effect. Section 4. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Comp Plan Rezoning Page 9 of 28 Exhibit A (ID numbers correspond to ID numbers on attached maps) Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 0 28030201300550059 6 UNIT BUILDING CONDOMINIUMS & SF HOME HDR PA RCM Private 1 3303020110089 909 4TH ST S LMDR CA RB Private 2 2803020420145 116 6TH ST S LMDR RCM RB Private 3 2803020310013 102 6TH ST S LMDR RCM RB Private 6 2803020310014 108 6TH ST S LMDR RCM RB Private 7 2903020440130 1502 OLIVE ST W LDR RB RA Private 8 2903020440129 1508 OLIVE ST W LDR RB RA Private 9 2903020440128 1327 RAMSEY ST LDR RB RA Private 13 2703020330003 806 MAIN ST S COM RB CA Trust 15 UNBUILDABLE YARD LMDR RCM RB Private 16 2803020420060 107 3RD ST N DMU PA CBD TRINITY LUTH CHURCH STILLWATER 24 2103020420043 DRIVEWAY ROW RA ROAD Private 26 3303020410027 6303 OSGOOD AVE N NC RCM CA Private 27 3303020410028 6373 OSGOOD AVE S CEMETERY OFFICE NC RCM CA FAIRVIEW CEMETERY ASSN 28 3303020420001 CEMETERY INST RB PA FAIRVIEW CEMETERY ASSN 30 2803020410044 225 NELSON ST E DMU RB CBD DOCK CAFE CORP 33 2103020130059 NOT OPERATIONAL RAILROAD PR RA PROS MN ZEPHYR LTD 34 2803020440091 CITY SHORELINE DMU RB CBD CITY OF STILLWATER 35 2803020410115 CITY DMU RB CBD CITY OF STILLWATER 36 2803020420018 216 5TH ST N CITY PUBLIC WORKS INST RB PA CITY OF STILLWATER 37 2803020420017 114 5TH ST N CITY STEEP SLOPES INST RB PA CITY OF STILLWATER 38 2803020140060 CITY PARKING LOT DMU RR CBD CITY OF STILLWATER 39 2803020140071 CITY PARKING LOT DMU RR CBD CITY OF STILLWATER 40 2803020230048 PARKING LOT COM RB CA Private 42 2803020420006 UNBUILDABLE YARD LMDR RCM RB Private 43 3203020440023 1951 NORTHWESTERN AVE PRIVATE DRIVEWAY ROW BPI ROAD DIASORIN INC 44 3303020410026 PARKING LOT NC RCM CA Private 51 2803020410114 PARKING LOT DMU RB CBD DOCK CAFE CORP 54 2803020420129 PUBLIC WORKS CITY INST RB PA CITY OF STILLWATER 55 2803020130126 CITY LIBRARY INST RB PA CITY OF STILLWATER 56 3403020220053 COM RB CA Trust 57 2103020230003 STEEP SLOPES LDR RB RA Private 59 2103020410026 1513 MAIN ST N LDR RB RA Trust 60 2803020240006 UNBUILDABLE BOULEVARD ROW RB ROAD Private 61 2803020110012 STATE ROW RB ROAD STATE OF MN -DOT 62 COUNTY ROW CR ROAD WASHINGTON COUNTY Comp Plan Rezoning Page 10 of 28 ID GEOCODE 63 2703020330001 64 3403020220075 65 2803020410024 66 2803020410025 67 68 2803020410012 69 2803020410013 70 2803020140055 71 2803020410012 72 2803020140060 73 2803020110034 74 2103020410002 75 76 2103020410001 77 2103020140043 78 2103020140042 79 2103020130047 80 2103020130047 81 2103020130059 82 2203020220001 83 2103020130059 84 2103020240011 85 86 3403020220001 87 2803020410113 88 89 90 91 92 93 94 95 96 2103020120001 97 2103020120002 98 99 2103020130066 100 2103020130066 101 2103020140011 Address Street Current Proposed Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner CITY FUTURE AIPLE PARK PR IB PROS STILLWATER ST CROIX BARGE TE CITY FUTURE TRAIL PR RR PROS CITY OF STILLWATER CITY LOWELL PARK PR RB PROS CITY OF STILLWATER CITY PARKING LOT DMU RB CBD CITY OF STILLWATER CITY LOWELL PARK PR RB PROS CITY OF STILLWATER CITY LOWELL PARK PR RB PROS CITY OF STILLWATER CITY PARKING LOT PR RR PROS CITY OF STILLWATER CITY LOWELL PARK PR RB PROS CITY OF STILLWATER CITY LOWELL PARK PR RB PROS CITY OF STILLWATER CITY PARKING LOT DMU RR CBD CITY OF STILLWATER CITY PR RB PROS CITY OF STILLWATER NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD PRIVATE UNBUILDABLE PR RB PROS Private NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD NOT OPERATING RAILROAD PR RR PROS MN ZEPHYR LTD CITY FUTURE AIPLE PARK PR RB PROS CITY OF STILLWATER CITY PARKING LOT DMU RB CBD CITY OF STILLWATER RIVER ISLAND PR AP PROS Private RIVER ISLAND PR AP PROS Private RIVER ISLAND PR AP PROS Private RIVER ISLAND PR AP PROS Private RIVER ISLAND PR AP PROS Private RIVER ISLAND PR AP PROS Private EXCESS ROW STEEP SLOPES PR RB PROS MNDOT BROWNS CREEK RAVINE PR RB PROS DNR- BUREAU OF REAL ESTATE MGT BROWNS CREEK RAVINE PR RB PROS DNR- BUREAU OF REAL ESTATE MGT BROWNS CREEK RAVINE PR RB PROS Private RAVINE PR RB PROS CITY OF STILLWATER CITY STEEP SLOPES PR RB PROS CITY OF STILLWATER CITY STEEP SLOPES PR RA PROS CITY OF STILLWATER ROW SHORELINE PR RB PROS CITY OF STILLWATER Comp Plan Rezoning Page 11 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 102 2103020130078 UNBUILDABLE STEEP SLOPES PR RA PROS Private 103 2103020130077 2013 3RD ST N CITY STEEP SLOPES PR RA PROS CITY OF STILLWATER 104 2103020130071 CITY STEEP SLOPES PR RA PROS CITY OF STILLWATER 105 2103020130037 CITY SCHULENBERG PARK PR RA PROS CITY OF STILLWATER 106 2103020140030 HOA RIVER ACCESS PR RB PROS LAKEVIEW HARBOR 107 2103020420001 1421 4TH ST N COMM LAND & BLDGS GOLF COURSE PR RB PROS STILLWATER COUNTRY CLUB 108 2103020420018 UNBUILDABLE BLUFF PR RA PROS Private 109 2103020420029 UNBUILDABLE BLUFF PR RA PROS Private 110 2103020420030 UNBUILDABLE BLUFF PR RA PROS Private 111 2103020410004 UNBUILDABLE BLUFF PR RA PROS STATE OF MN-DOT 112 2103020310001 COMM LAND & BLDGS GOLF COURSE PR RB PROS STILLWATER COUNTRY CLUB 113 2103020320001 COMM LAND & BLDGS GOLF COURSE PR RB PROS STILLWATER COUNTRY CLUB 114 2103020320012 COMM LAND & BLDGS GOLF COURSE PR RB PROS STILLWATER COUNTRY CLUB 115 2103020320010 COMM LAND & BLDGS GOLF COURSE PR RB PROS STILLWATER COUNTRY CLUB 116 2003020410003 COMM LAND & BLDGS GOLF COURSE PR AP PROS STILLWATER COUNTRY CLUB 117 2103020320004 COMM LAND & BLDGS GOLF COURSE PR AP PROS STILLWATER COUNTRY CLUB 118 COUNTY TRAIL PR AP PROS WASHINGTON COUNTY 121 2103020240026 CITY PR RA PROS CITY OF STILLWATER 122 2103020230005 400 POPLAR ST W MAINTENANCE BLDG GOLF COURSE PR RA PROS STILLWATER COUNTRY CLUB 123 2103020230001 COMM LAND & BLDGS GOLF COURSE PR AP PROS STILLWATER COUNTRY CLUB 124 2003020140001 COMM LAND & BLDGS GOLF COURSE PR AP PROS STILLWATER COUNTRY CLUB 125 2003020420001 1599 MCKUSICK RD GOLF COURSE PR RA PROS OAK GLEN LIMITED PARTNERSHIP 126 2003020140003 1901 JOHNSON DR WATER MGMT OPEN SPACE PR RA PROS CITY OF STILLWATER 127 2003020140010 1825 JOHNSON CT WATER MGMT OPEN SPACE PR RA PROS CITY OF STILLWATER 128 2003020140011 1835 JOHNSON CT WATER MGMT OPEN SPACE PR RA PROS CITY OF STILLWATER 129 2003020140002 OPEN SPACE PR RA PROS CITY OF STILLWATER 130 2003020310003 GOLF COURSE PR RA PROS OAK GLEN LIMITED PARTNERSHIP 131 2003020230001 GOLF COURSE PR RA PROS OAK GLEN LIMITED PARTNERSHIP 132 2003020310005 GOLF COURSE PR RA PROS OAK GLEN LIMITED PARTNERSHIP 133 2003020310010 CREEK PR RA PROS STATE OF MN -DNR LAND BUREAU 134 2003020310009 CREEK PR RA PROS STATE OF MN -DNR LAND BUREAU 135 2003020310008 CREEK PR RA PROS STATE OF MN -DNR LAND BUREAU 136 2003020320019 CREEK PR RA PROS STATE OF MN -DNR LAND BUREAU 137 2003020320018 CREEK PR RA PROS STATE OF MN -DNR LAND BUREAU 138 2003020240001 GOLF COURSE PR RA PROS OAK GLEN LIMITED PARTNERSHIP 139 2003020340001 CITY LAKESHORE WETLAND RA PROS CITY OF STILLWATER 140 2103020440019 BLUFF PR RA PROS Private 141 BLUFF PR RA PROS Private 142 2103020440001 BLUFF PR RA PROS STATE OF MN -DOT Comp Plan Rezoning Page 12 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 143 BLUFF PR RB PROS STATE OF MN -DOT 144 2803020110036 BLUFF PR RB PROS STATE OF MN -DOT 145 2103020440002 BLUFF PR RB PROS STATE OF MN -DOT 146 2803020110032 BLUFF PR RB PROS Private 147 2803020120107 219 MAIN ST N TERR PRISON WALLS STEEP SLOPES PR CBD PROS CITY OF STILLWATER 148 2803020120297 RAVINE STEEP SLOPES PR RB PROS CITY OF STILLWATER 149 2803020120008 RAVINE STEEP SLOPES PR RB PROS CITY OF STILLWATER 150 2803020120005 RAVINE STEEP SLOPES PR RB PROS CITY OF STILLWATER 151 2803020120004 RAVINE STORMWATER POND PR RB PROS CITY OF STILLWATER 152 2803020120007 RAVINE STEEP SLOPES PR RB PROS CITY OF STILLWATER 153 2803020120003 RAVINE STEEP SLOPES PR RB PROS Private 154 2803020120112 CITY STEEP SLOPES PR RB PROS CITY OF STILLWATER 155 2803020130085 CITY PIONEER PARK PR RB PROS CITY OF STILLWATER 156 2803020110007 BLUFF PR RB PROS Private 157 2803020110006 BLUFF PR RB PROS Private 158 2803020140034 PUBLIC EASEMENT FUTURE TRAIL PR CBD PROS Private 159 2803020140071 FUTURE TRAIL PR RR PROS CITY OF STILLWATER 160 2803020140055 FUTURE TRAIL PARKING LOT PR RB PROS CITY OF STILLWATER 161 2803020410125 CITY POST OFFICE PARK PR CBD PROS CITY OF STILLWATER 162 2803020420066 CITY STEEP SLOPES PR PA PROS CITY OF STILLWATER 163 2803020420065 CITY RAMP POCKET PARK PR PA PROS CITY OF STILLWATER 164 2803020420069 STEEP SLOPES PR PA PROS TRINITY EVAN LUTHERAN CHURCH 165 2803020420067 STEEP SLOPES PR PA PROS TRINITY EVAN LUTHERAN CHURCH 166 2803020420068 STEEP SLOPES PR PA PROS TRINITY EVAN LUTHERAN CHURCH 167 2803020440096 207 NELSON ST E CITY TEDDY BEAR PARK PR CBD PROS CITY OF STILLWATER 168 2803020410136 CITY TEDDY BEAR PARK PR CBD PROS CITY OF STILLWATER 169 2803020440056 TOP OF BLUFF ROW PR RB PROS STATE OF MN -DOT 170 2803020440051 ROAD BLUFF PR ROAD PROS STATE OF MN -DOT 171 2703020330002 ROAD BLUFF PR ROAD PROS STATE OF MN -DOT 172 2803020440006 CITY TRIANGLE PARK PR RB PROS CITY OF STILLWATER 173 STAIRWAY TRAIL PR RB PROS CITY OF STILLWATER 174 3403020230028 OLD ATHLETIC FIELD BALL FIELDS PR RB PROS IND SCH DIST #834 175 2803020210006 BALL FIELD STAPLES FIELD PR RB PROS CITY OF STILLWATER 176 2803020210014 BB COURT STAPLES FIELD PR RB PROS CITY OF STILLWATER 177 2803020210034 CITY STAPLES FIELD PR RB PROS CITY OF STILLWATER 178 2803020230007 523 OWENS ST N WATER DEPT TRAIL PR RB PROS STILLWATER WATER DEPT 179 2803020240013 CITY RAVINE PR RB PROS CITY OF STILLWATER 180 2803020240094 CITY RAVINE PR RB PROS CITY OF STILLWATER 181 TRAIL PR RB PROS CITY OF STILLWATER Comp Plan Rezoning Page 13 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 183 2803020240088 CITY RAVINE PR RB PROS CITY OF STILLWATER 184 2803020240010 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 185 2803020240009 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 186 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 187 2803020240076 RAVINE PR RB PROS IND SCH DIST #834 188 2803020240079 RAVINE PR RB PROS IND SCH DIST #834 189 2803020240086 CITY TRAIL RAVINE PR RB PROS IND SCH DIST #834 190 2803020240012 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 191 2803020240011 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 192 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 193 2803020240078 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 194 RAVINE TRAIL PR RB PROS CITY OF STILLWATER 195 2803020240116 CITY RAVINE PR RB PROS CITY OF STILLWATER 196 2803020130153 STAIRWAY TRAIL PR RB PROS CITY OF STILLWATER 197 2803020130121 RAVINE PR RB PROS STATE OF MN -DOT 198 ROAD RAVINE PR RB PROS CITY OF STILLWATER 199 2803020310119 CITY RAVINE PR RB PROS CITY OF STILLWATER 200 2803020310122 RAVINE UNBUILDABLE PR RB PROS Private 201 2803020310118 RAVINE PR RB PROS Private 202 2803020310116 RAVINE PR RB PROS Private 203 2803020310121 RAVINE UNBUILDABLE PR RB PROS Private 204 2803020310120 CITY RAVINE PR RB PROS CITY OF STILLWATER 205 2803020310105 CITY RAVINE PR RB PROS CITY OF STILLWATER 206 2803020310103 CITY RAVINE PR RB PROS CITY OF STILLWATER 207 2803020310104 CITY RAVINE PR RB PROS CITY OF STILLWATER 208 2803020310102 RAVINE PR RB PROS Private 209 2803020310092 CITY RAVINE PR RB PROS CITY OF STILLWATER 210 2803020310083 CITY RAVINE PR RB PROS CITY OF STILLWATER 211 2803020310144 CITY RAVINE PR RB PROS CITY OF STILLWATER 212 2803020310015 STEEP SLOPES UNBUILDABLE PR RB PROS Private 213 3303020340001 CITY OPEN SPACE PR RB PROS CITY OF STILLWATER 214 3303020340067 CITY ANEZ RIDGE PARK PR RB PROS CITY OF STILLWATER 215 3303020340011 CITY ANEZ RIDGE PARK PR RB PROS CITY OF STILLWATER 216 3303020330006 14100 60TH ST N FUTURE INTERCHANGE ROW BPC ROAD STATE OF MN -DOT 217 3303020330009 FUTURE INTERCHANGE ROW BPC ROAD MN DEPT OF TRANSPORTATION 218 3303020230014 1372 GREELEY ST S CITY LILY LAKE PARK PR RA PROS CITY OF STILLWATER 219 3303020220016 CITY LILY LAKE PARK PR RA PROS CITY OF STILLWATER 220 3203020140001 LILY LAKE STEEP SLOPES PR RA PROS CITY OF STILLWATER 222 3203020130093 CITY BENSON PARK PR RA PROS CITY OF STILLWATER Comp Plan Rezoning Page 14 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 223 3303020220018 CITY WASHINGTON SQUARE PR RB PROS CITY OF STILLWATER 224 2903020410089 CITY RAMSEY GROVE PARK PR RA PROS CITY OF STILLWATER 225 2803020320098 CITY FORMER WATER TOWER PR RB PROS CITY OF STILLWATER 226 2803020230003 CITY WATER RESERVOIR PR RB PROS CITY OF STILLWATER 227 2803020230051 CITY WATER RESERVOIR PR RB PROS CITY OF STILLWATER 228 2803020230001 RAVINE UNBUILDABLE PR RB PROS Private 229 2803020230063 RAVINE UNBUILDABLE YARD PR RB PROS Private 230 2803020230002 UNBUILDABLE PR RB PROS Private 231 2803020230137 TRAILHEAD PARKING LOT PR RB PROS CITY OF STILLWATER 232 2903020140001 CITY LAKESHORE PR RA PROS CITY OF STILLWATER 233 2903020110023 CITY LAKESHORE PR RA PROS CITY OF STILLWATER 234 2903020130013 PR RA PROS IND SCH DIST #834 235 2903020130011 WETLAND BALL FIELDS PR RA PROS IND SCH DIST #834 236 2903020130006 LAKESHORE PR RA PROS CITY OF STILLWATER 237 2903020130007 LAKESHORE PR RA PROS CITY OF STILLWATER 238 2903020130008 LAKESHORE PR RA PROS CITY OF STILLWATER 239 2903020130009 LAKESHORE PR RA PROS CITY OF STILLWATER 240 2903020120030 CITY TRAIL PR RA PROS CITY OF STILLWATER 241 2903020120034 721 GREEN TWIG WAY SURFACE WATER WETLAND PR RA PROS Private 242 LAKESHORE WETLAND PR RA PROS CITY OF STILLWATER 243 2903020120033 739 GREEN TWIG WAY SURFACE WATER WETLAND PR RA PROS Private 244 2903020110007 WETLAND PR RA PROS CITY OF STILLWATER 245 2903020110051 CITY POND, SLOPES, TRAIL PR RA PROS CITY OF STILLWATER 246 1903020120004 HOA OUTLOT LAKESHORE, SLOPES PR AP PROS LENNAR 247 1903020120004 HOA OUTLOT TRAIL, PONDS PR AP PROS LENNAR BROWNS CREEK NATURE 248 1903020410005 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 249 1903020420002 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 250 1903020420001 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 251 1903020410006 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 252 1903020410001 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 253 1903020420005 CITY PRESERVE PR AP PROS CITY OF STILLWATER 254 1903020410011 CITY BROWNS CREEK PARK PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 255 1903020310006 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 256 1903020440016 CITY PRESERVE PR AP PROS CITY OF STILLWATER BROWNS CREEK NATURE 257 1903020430040 CITY PRESERVE PR AP PROS CITY OF STILLWATER Comp Plan Rezoning Page 15 of 28 ID GEOCODE Address Street 258 1903020430014 259 1903020440017 260 2903020210002 261 3003020140018 262 3003020140014 263 3003020140017 264 3003020140015 265 3003020120001 266 3003020140018 267 3003020140014 268 3003020410001 269 3003020140016 270 2903020320001 271 2903020320002 272 3003020440062 273 2903020330040 274 2903020330002 275 2903020330040 276 2903020330001 277 2903020340079 278 2903020340112 279 2903020340067 280 2903020340072 281 3003020440007 282 283 3103020120001 284 3103020110001 285 3003020440001 286 3103020110002 287 3203020230005 288 3203020230051 289 3203020230052 290 3203020240009 291 3103020140048 292 3103020140003 293 3103020140002 294 3103020130001 295 3103020130002 296 3203020240007 Use note CITY CITY CITY CREEK CEMETERY WETLAND OPEN SPACE CITY CITY CITY CITY CITY CITY CITY HOA CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY CITY Use detail BROWNS CREEK NATURE PRESERVE CREEKSIDE PARK TRAIL Current Proposed Comp Plan Zoning Zoning Current or Recent Owner WETLAND CREEK CREEK CREEK, WETLANDS LAKESHORE LAKESHORE NORTHLAND PARK NORTHLAND PARK NORTHLAND PARK NORTHLAND PARK CROIXWOOD OPEN SPACE CROIXWOOD OPEN SPACE MEADOWLARK PARK MEADOWLARK PARK MEADOWLARK PARK MEADOWLARK PARK CROIXWOOD OPEN SPACE CROIXWOOD OPEN SPACE CROIXWOOD OPEN SPACE CROIXWOOD OPEN SPACE CROIXWOOD OPEN SPACE SIDEWALK SUNRISE PARK SUNRISE PARK SUNRISE PARK SUNRISE PARK FUTURE TRAIL FUTURE TRAIL FUTURE TRAIL FUTURE TRAIL FUTURE TRAIL FOURTEEN 4 UNIT BUILDINGS PR AP PROS PR RA PROS PR RA PROS PR AP PROS PR AP PROS PR AP PROS PR AP PROS PR AP PROS PR AP PROS PR AP PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS PR RA PROS HDR RA RCM CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER MARYKNOLL HOMEOWNERS ASSOC CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER COTTAGES PHASE III PARTNERSH Comp Plan Rezoning Page 16 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 297 3203020240008 2102 ORLEANS W FIFTEEN 4 UNIT BUILDINGS HDR RA RCM ORLEANS HOMES #1 298 3203020240002 1401 COTTAGE DR SIXTEEN 4 UNIT BUILDINGS HDR RA RCM ORLEANS HOMES #1 299 3203020240003 PART OF BUILDING HDR RA RCM ORLEANS HOMES #1 300 32030202400300041 12 UNIT BUILDING HDR RA RCM Private 301 32030202400420053 12 UNIT BUILDING HDR RA RCM Private 302 32030202400540065 12 UNIT BUILDING HDR RA RCM Private 303 32030202400660075 12 UNIT BUILDING HDR RA RCM Private 304 32030202400180029 12 UNIT BUILDING HDR RA RCM Private 305 3203020240016 2400 ORLEANS ST W ANN BODLOVICK BLDG HRA APARTMENT BUILDING HDR RA RCM WASHINGTON CO HRA 306 3203020240017 2300 ORLEANS ST W SENIOR CENTER SOCIAL SERVICES HDR RA RCM COMM VOLUNTEER SERV & SR CNTR 309 3103020420010 FUTURE PARK OR TRAILS LONG LAKE OPEN SPACE PR LR PROS CITY OF STILLWATER 310 3103020430013 PRIVATE LAND PUBLIC TRAIL PR CRD PROS Private 311 3103020430014 PRIVATE LAND TRAIL PR CRD PROS Private 312 3103020320004 CITY TRAIL PR TH PROS CITY OF STILLWATER 313 3103020320010 CITY BERGMAN PARK PR TH PROS CITY OF STILLWATER 314 3103020320009 TRAIL STORMWATER POND PR TH PROS CITY OF STILLWATER 315 3103020240021 CITY LEGENDS PARK PR CR PROS CITY OF STILLWATER 316 3103020240002 HOA LOT PUBLIC TRAIL PR LR PROS LEGENDS OF STILLWATER HOME 317 SHORELAND PR LR PROS CITY OF STILLWATER 318 OPEN SPACE LONG LAKE NATURE AREA PR LR PROS CITY OF STILLWATER 319 3103020210018 OPEN SPACE LONG LAKE NATURE AREA PR LR PROS CITY OF STILLWATER 320 SHORELINE LONG LAKE NATURE AREA PR TR PROS CITY OF STILLWATER 321 3103020240022 TRAIL LONG LAKE NATURE AREA PR TR PROS CITY OF STILLWATER 322 3103020210004 CITY TRAIL PR LR PROS CITY OF STILLWATER 323 3103020210003 CITY HERITAGE PARK PR TR PROS CITY OF STILLWATER 324 3103020220003 CITY TRAIL PR TR PROS CITY OF STILLWATER 325 3103020220004 CITY TRAIL PR CR PROS CITY OF STILLWATER 326 3103020220002 CITY TRAIL PR TR PROS CITY OF STILLWATER 327 3003020330004 CITY TRAIL PR CR PROS CITY OF STILLWATER 328 3103020210006 CITY ISLAND PR LR PROS CITY OF STILLWATER 329 3003020310054 HOA PARK PR CR PROS CONTRACTOR PROPERTY DEV CO 330 3003020330088 FUTURE CITY PARK PR CR PROS CITY OF STILLWATER 331 CITY TRAIL PR CR PROS CITY OF STILLWATER 332 3003020310007 TRAIL PR CR PROS CITY OF STILLWATER 333 3003020310008 WETLANDS BOULEVARD PR AP PROS CONTRACTOR PROPERTY DEV CO 334 3003020320095 WATER RESERVOIR SETTLERS PARK PR CR PROS CITY OF STILLWATER 335 3003020320097 CITY VILLAGE SQUARE PARK PR VC PROS CITY OF STILLWATER 336 3003020320029 CITY PUBLIC TRAIL PR TH PROS CONTRACTOR PROPERTY DEV CO 337 3003020320030 CITY TRAIL PR VC PROS CITY OF STILLWATER Comp Plan Rezoning Page 17 of 28 ID GEOCODE Address Street 339 3003020320013 340 3003020210002 341 1903020330009 342 1903020340004 343 1903020340070 344 1903020430028 345 1903020430027 Use note CITY CITY CITY HOA CITY CITY CITY 346 1903020430031 347 1903020310022 348 1903020340072 349 1903020310049 350 1903020330008 351 1903020240015 352 1903020130012 353 1903020220008 354 1903020210005 355 1903020120003 356 1903020120004 357 2103020110005 358 1903020420006 359 1903020310023 360 2803020420064 361 2803020420063 362 2803020420059 363 2003020410001 364 2903020230012 365 3003020140016 371 3303020320007 1675 GREELEY 372 3303020320010 CITY POND TRAIL TRAIL OPEN SPACE CREEK WETLAND Use detail WATER DEPARTMENT PUBLIC WORKS PARK FUTURE TRAIL WETLAND PRAIRIE PARK BROWNS CREEK NATURE PRESERVE BROWNS CREEK NATURE PRESERVE BROWNS CREEK NATURE PRESERVE Comp Plan NC PR PR PR PR Current Zoning AP AP CTHR CCR CCR Proposed Zoning VC PROS PROS PROS PROS Current or Recent Owner CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER SETTLERS GLEN SINGLE FAMILY CITY OF STILLWATER PR AP PROS CITY OF STILLWATER PR AP PROS CITY OF STILLWATER TRAIL PRAIRIE PARK PRAIRIE PARK TRAIL TRAIL CREEK WETLAND WETLAND SHORELINE CITY STORMWATER POND STORMWATER POND FUTURE CITY PARK FUTURE TRAIL FUTURE CITY PARK WETLAND FUTURE TRAIL FAIRY FALLS TRAIL TRAIL CITY OPEN SPACE ST S PUBLIC AGREEMENT COUNTY NORTHLAND PARK NORTHLAND PARK 373 3303020320012 1635 GREELEY 375 3303020320033 1634 GREELEY 378 3303020320037 380 3303020320034 381 3303020320002 1611 GREELEY HRA HALF OF APARTMENT ST S BUILDING ST S PARKING LOT APARTMENT BUILDING AND 5 UNIT BUILDING PR PR PR PR PR PR PR PR PR PR PR PR WA WA DMU DMU DMU ROW PR PR COM COM AP CCR CCR CCR CTHR AP TR AP AP AP AP RA CCR CCR PA PA PA AP RA RA RB RB PROS PROS PROS PROS PROS PROS PROS PROS PROS PROS PROS PROS PROS PROS CBD CBD CBD ROAD PROS PROS BPC BPC CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER LENNAR HOA CITY OF STILLWATER LENNAR HOA CITY OF STILLWATER LENNAR HOA LENNAR HOA CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER CITY OF STILLWATER TRINITY EVAN LUTHERAN CHURCH WASHINGTON COUNTY CITY OF STILLWATER CITY OF STILLWATER IREISEN PROPERTIES INC IREISEN PROPERTIES INC HOA OUTLOT YARD TOWING LOT ST S HRA HALF OF APARTMENT 382 3303020320002 1611 GREELEY ST S BUILDING 383 2803020140071 CITY 384 2803020140071 CITY WETLAND APARTMENT BUILDING AND 5 UNIT BUILDING ROAD OPEN SPACE HDR HDR HDR HDR PR RA RB RB RB RB RCM RCM RCM RCM PROS HDR ROW PR RB RR RR RCM ROAD PROS WASHINGTON CO HRA Private Private Private WASHINGTON CO HRA WASHINGTON CO HRA CITY OF STILLWATER CITY OF STILLWATER Coinp Plan Rezoning Page 18 of 28 Current Proposed ID GEOCODE Address Street Use note Use detail Comp Plan Zoning Zoning Current or Recent Owner 385 2803020110049 CITY PARKING LOT ROW CBD ROAD CITY OF STILLWATER 386 2803020110003 CITY PARKING LOT ROW CBD ROAD CITY OF STILLWATER 387 2803020110035 601 MAIN ST N PUBLIC EASEMENT PARKING LOT ROW CBD ROAD MN ZEPHYR LTD 388 2803020140060 GRAVEL PARKING LOT DMU RR CBD CITY OF STILLWATER 389 2803020140071 FUTURE TRAIL PR RR PROS CITY OF STILLWATER 390 2803020140060 ROW RR ROAD CITY OF STILLWATER 391 2803020140060 CITY ROW RR ROAD CITY OF STILLWATER 392 2803020140071 CITY ROW RR ROAD CITY OF STILLWATER 393 2803020140071 CITY ROW RR ROAD CITY OF STILLWATER 394 2803020140071 GRAVEL PARKING LOT PR RR PROS CITY OF STILLWATER 395 2803020140071 GRAVEL PARKING LOT PR RR PROS CITY OF STILLWATER 396 2803020410044 225 NELSON ST E PARKING LOT PR RB PROS DOCK CAFE CORP 397 2803020410045 PARKING LOT PR CBD PROS NEW STILLWATER PROJECT LTD 398 2803020410043 CITY PARKING LOT DMU RR CBD N P RY CO 399 2803020110012 SIDEWALK DMU RB CBD STATE OF MN -DOT 400 2803020140055 CITY PARKING LOT DMU RB CBD CITY OF STILLWATER 401 2803020140055 CITY PARKING LOT DMU RB CBD CITY OF STILLWATER 402 2803020410043 CITY GRAVEL PR RR PROS CITY OF STILLWATER Comp Plan Rezoning Page 19 of 28 EXHIBIT B RD 2i Z---- ----- 1-- -- ---- i - �_`_ , - ` --------- ---------------------- -�-� 1 j Swe.ison st t 355 0,4 ! \ . i r,,. .'t \- oAlt GLEN. Jfs_ ! LN Ip 04,. l= kN /., — Ni O tti South Twin Lake 1- 125 CiW •1111.0.■ Comp Plan Consistency: Proposed Zoning Map Changes Map 1 of 4 Zoning District Classifications nA -P Agricultural Preservation n RA- Single Family Residential RB - Two Family TR. Traditional Residential n LR. Lakeshore Residential N•v = CR. Cottage Residential CTR. Cave Tradtional Residential CCR. Cove Crktage Residential - CTHR. Cove Tovarhouse Residential TR Townhouse �.p n RCM - Medium Density Residential RCH - High Density Residential ZQ.w VG. Vilage Commeraal C,,i; - \ \?42 - BP-C. Business Park - Commercial Lake - BP -0. Business Park - Office OBP -I. Business Park - Industrial t U` nom_ Heavy hiduslnal ;4- MICRO - Campus Research Development - PA - Public Administration - PROS - Park. Rec or Open Space OROAD wrN clikfn / �C5 p� U SCE gCar -_I a7 c7 wNUT U \\ DR. E�,�t > �,.Q O (il ijrr ' a a \CALL `Th 77TH ST N 337 15 p0. a 333 P'J11.Mre 4.MMF \, 332I 51 -•13 12 � w , LA. `3 V m2 B Tjt CA - General Commercial CBD - Central Business District -iRO ry � 0 \. HA Gt y�� ! MAL #LARD U CT. CT ,4744.4-'` -.4F 12 - 1 r' /ALA nom' 1 I c>,FRR4 i a April 2011 Comp Plan Rezoning Page 20 of 28 EXHIBIT C • {II swung 1 L��111uti1_.IIII: f.�._;. NMl: 11111 TM{ •11101■0184. Comp Plan Consistency: Proposed Zoning Map Changes Map 2 of 4 Zoning District Classifications F-1 A-P Agrk .Mural Preservation n RA- Single Family Residential RB - Two Family r1 TR. Traditional Residential ▪ LR. Lakeshore Residential CR. Cottage Residential - CTR, Cove Traditional Residential - CCR. Cove Cottage Residential CTHR, Cove Townhouse Residential nTH. Townhouse 11 RCM - Medium Density Residential n RCH - Nigh Density Residenpal ▪ VC, Vilage Commercial - CA- General Commercial CBD- Central Business District BP-C. Business Park - Commercial -BP -0. Business Park - Office BP -I. Business Park - industrial _ 18 - Heavy Industrial C R D - Campus Research Development n PA- Public Administration liZa PROS- Park, Rec or Open Space OROAD April 2011 Comp Plan Rezoning Page 21 of 28 EXHIBIT D 1 d.oi235 } --i - z 189 t1 �1 1 , MUiBER y S _ 11)6 5S Uiff T , 5 i I i I 185 i\ GO t \ RI 1/�,{ [F'L �..I:: I i 1. 11 � , -Z 111' .1` ��� �iV `A1NNY VdtY - i l RI10E n9JTI .1..--01.1-T1- _37 46 i \163 1t SL� NI I 1 ZI 1___1 41N 211 R .- �- 72d 112 MYRIT LEI SST. �' Z SZNVZ \wfl' Z V.4\ P_ -. vq - -- i- 'T— "1__1JAi.- - ±- --;Z(� z crE t 1 ;,G.I ^ \ 395 87 402 66 W. i5 _ I y, y1, :ST, J32 ,c _ ST._{_- --I •-'I ��-' \ 51 --- 16 "" , by S1 Aco >I - 1 �1 1 zi --0:1---„,,T- 7 1 ml 1 1 \N-\ , itoAK = 8 I ST. I Fi zi r± S W. OAK ST 1 , .i o` \fit ■ tf4 ni i i W Ui co 1 Oi wl I PINE i I 151. ,� . - "� \ Nyji .c -i-- -I - - - a.l - -vA- ____ --� -'' n_., lWP4' -\•' \ 5Z. T.' 0 ' 1 tai'{ 1 WILLA 'RD 9 \ \HOC -T— a - -__l\- -_- j - -T'--- __2i__�r_ E y.�''} WIL ,LARD � .- n fA N v! 1ri t7L 210-k i- IVE 34 170 21 1 a' LL� 5\ 7� in ,- iE ' j 151`9 69 63 i \\ \SORRY W-d TRO r" iCIR pppC 1 ry IPA _CIR K) _ '...._�_ 1 Z wtaRLEANS S 37A t J r` 0 0, 2' r I I SHELTON 15 t`- - -; -- -'M 66 I W wr� VICTORI �'^O CT Z *�' FRONTAGE lII I , i I rl 1 : 1 W 1 ABBOT 1, ST I U � 91 vii s, L_Ily LAI 1 -0 rAi 21 I 241 in 1 ST. W. ICHUIRCHLL - ST E i i ILL 1-i ST- 1 A E. w. \ n 13 RQ Im vi V1 6 W. ORLEANS L - - - -- a t ERETT__JD \81 I NBOIry'" - r7 QQi CT J 215 2(41g-11 �R1E I / 1 HALNCOLCK _T E. HANlcoc _t ti t a E i BUR'LIN I Wh R_SH ;ST. < vl vj � .I N !1 I rn� _ N OREN uj CT. 6 RD. rc Sy I -41 uP 26 62nd j UPPER c 24 t - mummy t 67 HUDSON Yr-I rn G9\. m 'P. 11731 041Ettl I OUE K 41 <, GNT_y/,l 95 I _T L UISL, Oi \\ 1 AI - ` 4 z 64th ST. N. z < i \ \ 1 \IL\ aER 63rd4i T• N- y9 s: , \ \\ 63rd , ST. J J p,i ; \ ST, N. R, 4 Z O f r\ \\ - ;ST. • i 61s ' 11+ \ I °1 ST.; N. 36 1 +d `\ 59th \\ - 1 1 I I aW ..................... Comp Plan Consistency: Proposed Zoning Map Changes Map 3of4 Zoning District Classifications nA -P Agricultural Preserralion RA- Single Family Residential RB - Two Family TR- Tractional Residenhal LR, Lakeshore Residential F-1 CR. Cottage Residential CTR. Cove Traditional Residential CCR. Cove Cottage Residential CTHR. Cove Townhouse Residential ElTH. Townhouse RCM- Medium Density Residential RCH - High Density Residential nVC. Village Connneraal - CA- General Commercial -CBD Central Business District BP-C, Business Park - Commercial - BP-0. Business Park - Office n BP -I. Business Park - Industrial _ IB - Heavy bdustdal - CRD - Campus Research Development - PA- Public Adnnnislrahon - PROS - Park. Rec or Open Space O ROAD April 2011 cti%' Comp Plan Rezoning Page 22 of 28 EXHIBIT E 1 water log OtOTO+(Af OR efMM.)ClA Comp Plan Consistency: Proposed Zoning Map Changes Map 4of4 Zoning District Classifications QA -P. Agricultural Preservation • RA- Single Family Residential R8 - Family F-1 TR. Traditional Residential LR. Lakeshore Residential CR. Cottage Residential CTR Cove Traditional Residential CCR. Cove Cottage Residential MOCTHR. Cove Townhouse Residential MOTH, Townhouse RCM - Medium Den Re,tdential ▪ RCH - High Densely Residential n VC. Village Commercial MOCA- General Commercial MOCBD - Central Business District O BP•C. Business Park • Commercial MO BP-O, Business Park - ()lice QBP -I. Business Park - Industrial MO IB- Heavy Indushial MO CRO - Campus Research Development MO PA- Public Administration MO PROS • Park, Rec or Open Spate O ROAD April 2011 Comp Plan Rezoning Page 23 of 28 EXHIBIT F > tz Qr 1 ASP E 1 010 ELM! YYIf =�IY -T d7R z 175,- .a . t 148 SST.! c' 146 152 151 W. HIC IST OR Y' . , .mYaun -.i- - N..e. -r- r + z 4 N- ° 0 c .i V� t 1.PR sas _MAPLE -- - - - --* - ST_ -1 - - -- ""� z r 1 s '1 226W _..:._ 181 _AUR_ EL_ � F -- .c4,„ � 186 185 �0 R� ��."' - , W` € G ;E w r � _ MUIt1BERTY 5 I CE z t_..._ 145 ST ST. 1-4 202 (/) i may. 199, CO 17: i fd 179 1 191 .t 93 195 147 189 190 Tz 94 fiH< 4 co H 0 ti ; 203 w." OLIVE_. 19E 388 400 395 160 2 360 `,fit 6 t23 .n 63' 1661 87 402 42 , S(. Y2 , I 4 t -. '.1 Q W. OAK wr w 1-1! �` ui PINE -- -- r-- -- �-- cn; W.(l 0 f 1 ST. _...._r 1 i i ' S I t ! 1 ca 7L• VSI. 1a �ve"rtl -�__ ?` S,�• 169 i S-t E. rO WILRD,r� - -- 72 S 96 CS 4111\itcr.. Comp Plan Consistency: Proposed Zoning Map Changes Detail Map: Downtown & Central Ravines Zoning District Classifications A -P. Agricultural Preservation RA- Single Family Residential n RB -Two Family n TR. Traditional Residential LR. Lakeshore Residential El CR, Cottage Residential - CTR. Cove Traditional Residential - CCR. Coe Cottage Residential CTH R. Cove Townhouse Residential TH. Townhouse n RCM - Medium Density Residential RCM - High Density Residential n VC. Village Commercial - CA- General Commercial CBD- Central Business District nBP -C. Business Park - Commercial - BP -O, Business Park - Office F-1 BP -I. Business Park - Industrial IS - Heavy Industrial MICRO- Campus Research Development Ezi PA - Public Administration PROS - Park, Rec or Open Space Q ROAD April 2011 Comp Plan Rezoning Page 24 of 28 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -1, SUBDIVISION 5 ENTITLED ESTABLISHMENT OF DISTRICTS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. Purpose. On June 1, 2010 the City Council adopted Stillwater's new 2030 Comprehensive Plan. By Minnesota law the city's zoning map must be consistent with the new Comprehensive Plan's future land use map. A number of properties in the city are not zoned consistently with the new Comprehensive Plan. This ordinance rezones those properties to be consistent. The current uses within the principal structures on nine of the properties being rezoned are allowed only by Special Use Permit. Consequently before this rezoning ordinance becomes effective, Special Use Permits must be approved by the City Council. If the Special Use Permit for one or more of the subject properties are not approved, the rezoning for those specific properties will not become effective. Section 2. The City's Official Zoning Map is amended by changing the zoning district classification for the properties described in Exhibit A. The same properties are graphically depicted in Exhibits B - C. This proceeding is known as Planning Case Number 2011 -04. Section 3. This Ordinance shall be in full force and effect for the subject properties when the City Council approves Special Use Permits for the subject properties and this ordinance is published. effect. Section 4. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Comp Plan Rezoning Page 25 of 28 Exhibit A Properties to be Rezoned with SUPs (ID numbers correspond to ID numbers on attached maps) Comp Current Proposed ID GEOCODE Address Street Suff Suff Plan Zoning Zoning Land Use Units Use detail Use note Current or Recent Owner 4 2803020130149 215 3RD ST N HDR PA RCM RES 1 UNIT 1 Private 5 2803020420070 209 3RD ST N HDR PA RCM RES 1 UNIT 1 Private RES MORE THAN 4 APARTMENT STILLWATER COUNTRY CLUB 58 2103020330042 1203 OWENS ST N HDR RB RCM UNITS 36 BUILDINGS APTS 369 3303020320009 1609 GREELEY ST S HDR RB RCM RES 1 UNIT 1 Private 370 3303020320008 1603 GREELEY ST 5 HDR RB RCM RES 1 UNIT 1 Private 374 3303020320011 1601 GREELEY ST S HDR RA RCM RES 1 UNIT 1 Private 376 3303020320036 1602 GREELEY ST 5 HDR RB RCM RES 1 UNIT 1 Private 377 33030203200380041 HDR RB RCM RES 2 UNITS 2 CONDOMINIUMS Private TOWING 379 3303020320021 1656 GREELEY ST 5 HDR RB RCM RES 1 UNIT 1 COMM LAND & BLDGS SERVICE Private Comp Plan Rezoning Page 26 of 28 EXHIBIT B .11 at r Comp Plan Consistency: Proposed Zoning Map Changes SUP Needed Map 1of2 Zoning District Classifications 1 CURRENT ZONNG Consdency Rezoning: SUP Needed E] A-P. Agricultural Preservation n RA- Single Family Residential RB -Two Fany Q TR. Traditional Residential - LR. Lakeshore Residential n CR, Cottage Residential - CTR. Cove Traditional Residential - CCR, Cave Cottage Residential allCTHR. Cove Townhouse Residential 11111H, Townhouse RCM - Medium Density Residential - RCH - High Density Residential EDVC. Village Commercial - CA- General Commercial - CBD - Central Business District BP -C. Business Park - Commercial all BP -0. Business Park - Office nBP -I. Business Park - Industrial ® IB - Heavy Indrsteal - CRD - Campus Research Development - PA- Pubhc Adnhnistmticn PROS - Park. Rec or Open Space ROAD I I I I 1:� Comp Plan Rezoning Page 27 of 28 EXHIBIT C Water Comp Plan Consistency: Proposed Zoning Map Changes SUP Needed Map 2of2 Zoning District Classifications CURRENT ZONING Consitency Rezoning: SUP Needed A-P. Agricultural Preservation n RA- Single Family Residential RB -Two Family Q TR. Tradtionnal Residential - LR. Lakeshore Residential ED CR. Cdtage Residential CTR. Cove Traditional Residential - CCR. Cove Cottage Residential CTHR, Cove Townhouse Residential - TH, Townhouse RCM- Medium Density. Residential - RCH - High Density Residential 0 VC. Village Commercial CA- General Commercial - CBD - Central Business District BP-C. Business Park - Commercial - BP -0. Business Park- 011ke BP-1, Business Pads - industrial - IB - Heavy Industrial - C RD - Campus Research Development - PA- Public Administration - PROS - Park Rec or Open Space ROAD Comp Plan Rezoning Page 28 of 28 Reference Table: 34 "Alternate Method" Properties Comp Proposed Current Previous Proposed ID Plan Comp PI Zoning Prop Zon Zoning Land Use Use detail Use note Units Address Street Suff Suff Owner 10 MDR LMDR RB TH RB RES 2 UNITS 2 1655 LINSON CIR Private 11 MDR LMDR RB TH RB RES 2 UNITS 2 1605 LINSON CIR Private 12 MDR LMDR RB TH RB RES 2 UNITS 2 1600 LINSON CIR Private 14 MARINA MARINA RB PROS ? COMM LAND & BLDGS 0 422 MULBERRY ST E STILLWATER MARINA LLC 17 MDR LMDR RB TH RB RES 2 UNITS 2 1635 LINSON CIR Private 18 MDR LMDR RB TH RB RES 2 UNITS 2 1650 LINSON CIR Private 19 MDR LMDR RB TH RB RES 2 UNITS 2 1640 LINSON CIR VALLEY GROUP LLC 20 MDR LMDR RB TH RB RES 2 UNITS 2 1645 LINSON CIR EQUITY TRSCO 21 MDR LMDR RB TH RB RES 2 UNITS 2 1630 LINSON CIR Private 22 MDR LMDR RB TH RB RES 2 UNITS 2 1620 LINSON CIR Private 23 MDR LMDR RB TH RB RES 2 UNITS 2 1627 LINSON CIR Private 25 INDUS COMM BPC BPI BPC COMM LAND & BLDGS 0 1778 GREELEY ST S SE -TAC 29 DMU MARINA RB CBD ? COMM LAND & BLDGS SHORELINE 0 ST CROIX BOAT & PACKET COMPANY 31 MARINA MARINA RB PROS ? COMM LAND & BLDGS 0 514 ALDER ST E WOLF MARINE INC 32 MARINA MARINA RB PROS 7 COMM LAND & BLDGS 0 STILLWATER MARINA LLC 41 MARINA MARINA RB PROS ? COMM LAND & BLDGS MARINA RESIDENTIAL 0 2009 LAKE DR Private 45 MARINA MARINA RB PROS ? COMM LAND & BLDGS PARKING LOT MARINA 0 158 CLUB 46 MARINA MARINA RB PROS 7 COMM LAND & BLDGS PARKING LOT MARINA 0 158 CLUB 47 MARINA MARINA RB PROS ? COMM LAND & BLDGS PARKING LOT MARINA 0 PORT OF SUNNYSIDE 48 MARINA MARINA RB PROS ? OPEN SPACE SHORELAND 0 158 CLUB 49 MARINA MARINA RB PROS ? COMM LAND & BLDGS PARKING LOT MARINA 0 158 CLUB 50 DMU MARINA Fig CBD ? COMM LAND & BLDGS OPEN SPACE SHORELINE 0 ST CROIX BOAT & PACKET COMPANY 52 MARINA MARINA RB PROS ? COMM LAND & BLDGS PARKING LOT MARINA 0 WOLF MARINE INC 53 MARINA MARINA RB PROS ? COMM LAND & BLDGS OPEN STORAGE MARINA 0 WOLF MARINE INC 119 PR PR RB PROS RB OPEN SPACE PARTIAL WATER 0 Private 120 PR PR RB PROS RB OPEN SPACE PARTIAL WETLANDS 0 Private 182 PR PR RB PROS RB OPEN SPACE RAVINE 0 Private 221 PR PR RA PROS RA OPEN SPACE STEEP SLOPES HIGHLANDS OF STILLWATER HOA 307 PR COM BPI PROS BPC RECREATION CENTER 1675 MARKET DR CITY OF STILLWATER 308 PR COM BPO PROS BPC RECREATION CENTER PARKING LOT 1675 MARKET DR CITY OF STILLWATER 338 PR PR AP PROS AP OPEN SPACE PRIVATE LAND NEWMAN REALTY LTD PARTNERSHIP JACKSON WILDLIFE 366 PR PR AP PROS AP OPEN SPACE AREA DNR 0 MN DEPT OF NATURAL RESOURCES JACKSON WILDLIFE 367 PR PR AP PROS AP OPEN SPACE AREA DNR 0 MN DEPT OF NATURAL RESOURCES JACKSON WILDLIFE 368 PR PR AP PROS AP OPEN SPACE AREA DNR 0 MN DEPT OF NATURAL RESOURCES r ir A rii8 ? MEN'S 169SF dir FD0 UTILITY 128 SF FD0 0 01 0 0 0 • 1 \ $ 0 .10 ff-..w.p-Apow A MagrA [ Q� WOMEN'S 169 SF o FD 3' -0" .4w Asw 19' -2" 25' -10" GROSS SQUARE FOOTAGE = 659 sf NET SQUARE FOOTAGE = 516 sf NET USABLE SQUARE FOOTAGE = 388 sf Lowell Park Pedestrian Walkway Collaborative Design Group with Sanders Wacker Bergiy 05.17.2011 r0 V Lowell Park Pedestrian Walkway Collaborative Design Group with Sanders Wacker Bergly 05.17.2011 0 u Lowell Park Pedestrian Walkway Collaborative Design Group with Sanders Wacker Bergly 05.17.2011 Lowell Park Pedestrian Walkway Collaborative Design Group with Sanders Wacker Bergly 05.17.2011 Elevations A -C Concept A Concept B Concept C Lowell Park Pedestrian Walkway Collaborative Design Group with Sanders Wacker Bergly 05.17.2011 ORDINANCE NO. AN ORDINANCE PROHIBITING FISHING FROM THE INTERSTATE BRIDGE The City Council of the City of Stillwater does ordain: 1) The Stillwater City Code is amended by adding §46 -8, subd. 14(a) that will hereinafter read as follows: 14(a) Fishing from the structure of the Interstate Bridge is prohibited. "Fishing" as used in this Ordinance means the taking of fish with hook, line or net. 2) SAVING. In all other ways, the City Code remains in effect. 3) EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2011. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ORDINANCE 1030 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "EARLY CHILDHOOD EDUCATION" IN THE RB, TWO- FAMILY ZONING DISTRICT AS A SPECIALLY PERMITTED USE THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that Early Childhood Education (which includes both "early childhood family education" and "early childhood special education" as defined by the State of Minnesota) is substantially similar to many aspects of primary education. Moreover, primary education is allowed by Special Use Permit in the RB, Two - Family Residential Zoning District. Therefore, early childhood education shall also be allowed with a Special Use Permit in the Zoning District if it meets the Special Use Permit review criteria found in City Code Chapter 31, Section 31 -207. 2. Amending. City Code Chapter 31, Section 31 -315, Allowable Uses in Residential Districts, is hereby amended by allowing "Early Childhood Education" with a Special Use Permit in the RB, Two - Family Residential Zoning District. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 17th day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F.Ward, City Clerk ORDINANCE 1031 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE "CTR - COVE TRADITIONAL RESIDENTIAL DISTRICT" RELATED TO GARAGES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. City Code Chapter 31, Section 31 -304 (c)(1) subnote 2 is replaced with the following: 2 Garages must be setback at least six feet behind the front wall of the house or porch. Except that on 40 percent of the lots, garages may be placed in front of the six -foot setback. For the 40 percent garage in front of the six -foot setback, front facing garages can be no more than two feet in front of the front wall of the house or porch; and for side loaded garages, they may be in front of the home but must meet special design consideration of four side architecture. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 17th day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: May 13, 2011 Subject: Replacement of Routers Currently the City has two Cisco routers that direct traffic between the Public Works building and City hall. These routers were purchased used in 1997 from Washington County as part of our initial set up of the network and then were repositioned in 2002 when the Public Works building was constructed. With the increased flow of traffic and the improvement in technology these routers are no longer able to manage the data transfer effectively. All data transferred between Public Works and City Hall is managed by these routers, these includes phone, internet, e -mail, GIS and file transfer. The routers are dropping packets consistently. This means that the routers can not keep up with the size and amount of data being transferred so it has to drop the information, send it back and try again. This increases the amount of traffic that is being directed between the routers and slows down the flow of data even more which only compounds the problem. The cost to replace these routers is $7832 plus tax. Money has been allocated in capital outlay for this purchase. Staff is recommending that we replace the two routers between Public Works and City Hall. 441 0441A-cm,-4 LOFFLER 1101 East 78th Street * Bloomington, MN 55420 Phone: 952- 285 -2155 * Fax: 952- 925 -6853 Bill To City of Stillwater Rose Holman City Hall 216 N 4th Street Stillwater, MN 55082 Contact: Jeff Gullickson Email: jullickson@Ioffler.com Ship To: City of Stillwater Rose Holman City Hall 216 =N 4th Street Stillwater, MN 55082 Phone: 651 - 430 -8804 Phone: 651 -430 -8804 Fax: 651 - 430 -8809 Fax: 651- 430 -8809 mart Qty Description Terms Net 10 days Rep P.O. Number Ship Via jeffg 1 2 C1921 MODULAR ROUTER 2 GE 2 EHWIC SLOTS 512DRAM IP BASE $984.00 Ext. Price $1,968.00 2 2 2PORT 3RD GEN MULTIFLEX TRUNK VOICENVAN INTERFACE T1 /E1 $1,652.00 $3,304.00 3 2 1PORT T1 /FRACTIONAL T1 DSU /CSU WAN INTERFACE CARD $925.00 $1,850.00 4 2 SMARTNET 8X5 NBD C1921 MODULAR ROUTER 2 GE 2 EHWIC $85.00 $170.00 SLOT 5 4 INSTALLATION SERVICES $135.00 $540.00 Total lnvestment $7,832.00 Sales Tax Calculated on Invoice Shipping $0.00 Total $7,832.00 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, Page 1 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 5/13/2011 Re: Special Events Administration There have been questions on the fees for special events therefore I have attached minutes and packet information that was presented to Council. Recommendations of Special Event Task Force — October 5, 2010 Policy adoption (including fees) by resolution — December 21, 2010 Fee schedule adoption which included special event fees — January 18, 2011 City Council Meeting October 5, 2010 for much of the parking areas; develop plans in -house for construction of the new lots; and obtain input from impacted businesses and downtown interest groups. Councilmember Roush pointed out that the outer lines for parking of cars in both Options B and C are identical, the variable is where the bike trail is located; he suggested that Option C brings people more into the green area as the bike path goes closer to the river. Mr. Pogge pointed out that Option C results in many issues related to how bikes interface with vehicular traffic. Councilmember Roush noted that Option C does not have the trail crossing vehicular traffic, while Option B does. Councilmember Polehna said he thought Option A was the preferred Option several years ago. Mr. Pogge said he thought the preference for Option B was a combination of balancing parking needs with the need to build a levee during flood events. Mr. Sanders explained the benefit of Option B for flood fighting efforts. Councilmember Cook said she thought the compelling issue for Option B was the infrastructure issue. On a question by Councilmember Polehna, Mr. Pogge said the Parking Commission is looking at having the new paved parking area a pay lot to offset costs; Mayor Harycki suggested providing some cement pads for motorcycle parking. Councilmember Polehna spoke of his desire to have power lines buried and that he would continue to work towards that objective. On a question by Councilmember Cook, Mr. Pogge stated the funding for the parking improvements would come from the Parking Enterprise Fund. Mr. Sanders pointed out that as part of the levee project, the Corps of Engineers will be reconstructing all of the parking lots from Nelson Street to Mulberry; the parking lot north of Mulberry would be paid from by the Parking Commission revenues. Motion by Mayor Harycki, seconded by Councilmember Polehna to accept Option B of the parking plans. All in favor. Discussion and possible approval of Special Events Task Force recommendations Mr. Turnblad highlighted five recommendations of the task force. He noted that about 85% of events will be handled in essentially the same way they are now. For the 10 -15% that go beyond a regular event. He informed the Council that the recommendation is to require the organizer of events not held entirely within a Page 4 of 11 City Council Meeting October 5, 2010 park to provide neighborhood notice, in the form of a flyer that includes contact information, information about the type of event and what to expect. The task force also recommends that special events with contracts that do not have grandfathered status be required to hold a public meeting, moderated by staff, to provide information and answer questions /concerns. The task force also recommended that the City should budget for downtown beautification items rather than charge events a beautification fee. Mr. Turnblad reviewed a table with definitions and thresholds for determining events, special events and contract special events. He also reviewed the recommendations regarding the requirements for public notice and public comments as well as fees for use of City services and facilities for events and special events; he noted that the existing fee schedule for use of park facilities will not be changed — these fees would be over and above the regular fee schedule. There was discussion of possible fees for various events. Councilmember Polehna asked about application deadlines, referring to a recent event that wasn't reviewed by the Parks Commission due to the lateness of the application. Mr. Tumblad reviewed the deadlines for the events and special events. It was noted this is the first time the recommendations have been presented. Mayor Harycki asked if event organizers have been contacted; Mr. Turnblad stated that has not occurred, but noted that the task force included representation from a good cross section of downtown. Councilmember Cook, co -chair of the task force, said the group felt it was important to first present the recommendations to the Council to obtain its input; she thanked those who served on the task force for their time and efforts. She talked about the task force's efforts for fairness and equitability and the importance of managing events in the best possible way for everybody's interest, both visitors and residents. Mr. Turnblad briefly reviewed the recommendation that downtown beautification efforts should be included in the Public Works Department's annual budget, rather than funded by a fee. Councilmember Cook spoke of the concern about funding those efforts on an ongoing basis and asked the Council to consider options for maintaining the impetus for the beautification efforts. There was discussion of possible fund- raising efforts. Councilmember Polehna suggested eliminating "downtown" from the beautification efforts as being too limited and should be called Community Beautification Fund and not just for the downtown; other Councilmembers were in agreement with that idea. In was suggested that event organizers be offered an opportunity for input. Page 5 of 11 City Council Meeting October 5, 2010 It was agreed to have this reviewed by the Parks Commission and to bring it back to the Council's December 7th, 4:30 work session. STAFF REPORTS Fire Chief Glaser thanked the Council for its support in authorizing the purchase of a new fire engine. He stated he attended the Association of Minnesota Emergency Management conference and participated in a number of training sessions, including a session on active shooter and how fire personnel can assist, a session on special event planning, and a session on state demographics and how an aging population affects emergency management and public safety. He stated the Fight the Fire 5K race took place, with 112 runners participating. He also noted it was Fire Prevention Week with lots of activities going on, including the annual open house. Public Works Director Sanders told the Council a notice has been posted on the web site regarding purchasing the old street signs that are being replaced; he said the price was set at $10 per sign. He also stated a meeting was scheduled with the DNR regarding a potential boat launch site at the south end of the City. He provided the results of a survey regarding encroachments on City open space along Nightingale Boulevard from Marine Circle to Northland Avenue. He said the survey indicated there are 4 structures (sheds) located on City property, with landscaping from 7 properties encroaching City land, three of which included fence encroachments, as well as dumping of brush piles and firewood. He said Sentence to Serve people have been scheduled to assist with buckthorn removal in the City open space and clearing out brush from entrances and that signs would be installed indicating the location of City property /open space. He said an Eagle Scout is interested in doing some trail work and may want to do something with this area as a project. He said, based on the Council's direction, the City may post "no cut, no mow" signage to establish the open space areas. On a question by Mayor Harycki, Mr. Sanders said the Parks Commission has not seen this information; Mayor Harycki suggested the Parks Commission might be a good place to start for deciding on direction. Councilmember Polehna noted some of the encroachments are minor and suggested that staff could handle those. He suggested holding a workshop for the community on buckthorn removal as a way of getting the public's assistance in that effort. Mayor Harycki questioned the $10 charge for the old street signs, noting sale of the old signs was envisioned as a way of generating some revenue to offset the cost of the new signs; Mr. Sanders pointed out that some of the old signs are in poor condition. After discussion, it was consensus to leave the charge at $10. Page 6 of 11 • THE BIRTHPLACE OF MINNESOTA TO: FROM: Special Events Task Force DATE: September 27, 2010 RE: Special Events Task Force Recommendations Mayor & Councilmembers BACKGROUND On April 7, 2009 the City Council approved a list of eight items for the Special Events Task Force to study. Subsequently, two items were removed from the list. The discussion on whether the city should encourage or solicit specific events was reassigned by the City Council to a future group. And, since the envisioned beautification fee was not ultimately recommended by the Task Force, it was felt by the group that a public forum to discuss recommendations was no longer necessary. The remaining six items are: 1. Establish a standardized process and requirements for larger events that have an impact on residential neighborhoods, businesses or city facilities (e.g. parks, streets) and services (e.g. public safety and public works). Establish a threshold for determining which of these larger events must follow the new process instead of the existing special events permit process. 2. Establish a threshold for determining which special event applications are to be considered by the City Council and /or the Park Commission. 3. Establish procedures for public comment and for notification to event neighbors and businesses; and establish thresholds to determine which events would trigger the need for this public comment and /or notification. 4. Establish a threshold for determining which events must pay for city facilities and services; deciding which city services should be paid for and at what rates. The goal is to require reasonable fees for services without discouraging event planners from considering Stillwater as their event venue. 5. Establish a Downtown Beautification Fee; how it will be used, how much it will be, and establish a threshold to determine which events are to pay the fee. 6. Establish a threshold for determining which events will be required to pay the $500 Public Park Usage Fee. The Special Events Task Force (SETF) met once or twice a month for a year. In addition committees of the SETF met occasionally to work on specific assigned tasks. The voting members of the group were: Councilmember Micky Cook (co -chair of task force), Councilmember Rob Gag (co -chair of task force), at -large resident Debbie Johnson, at -large resident Chris Murphy, at -large downtown merchant Vienette Olson, Park Special Events Task Force September 27, 2010 Page 2 of 11 Commissioner Rob McGarry, CVB representative Jerry Helmberger, Chamber of Commerce representative Jenn Severson. The non - voting members of the group were Community Development Director Bill Turnblad and Police Chief John Gannaway. TASK FORCE RECOMMENDATIONS The tasks were organized into the following groupings: A) definitions and thresholds, B) public notification and public comment, C) beautification fee program, and D) fees for city services and facilities. Recommendations in each of these groupings are presented below. A) Definitions and Thresholds Event Special Event Special Event With Contract A gathering is considered an event when any one of the A gathering is considered a special event when any one of the A special event requires a contract with the city if: following thresholds applies: following thresholds applies: 1) Closure of street- At least one 1) Closure of street- At least one block of a residential street is closed for up to 5 hours; or any portion of a commercial street is closed for up to 2 hours. block of a residential street is closed for more than 5 hours; or more than one block of a residential street is closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use -1 to 9 2) Public parking lot use -10 or _ spaces in a public parking lot are reserved. more spaces in a public parking lot are reserved. 3) Street use - The event has a 3) Street use - The event has a route route on a public street(s), such as races, walks, or parades. on a public street(s) (such as a race, walk or parade) that requires street closure, traffic control, street sweeping, or the use of no parking signs' along the route. 4) Number of people in a Dark - 250 or more people are expected at a time in a public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Contract with city reauired - Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra - ordinary city employee support or city materials are necessary, OR any out -of- pocket expenses are incurred by the city. Special Events Task Force September 27, 2010 Page 3 of 11 B) Public Notification and Public Comment 1. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events ") are not required to provide public notification or an opportunity for public comment. 2. Organizers of "special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. 3. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. a. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. b. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct mailing or hand delivered flyer. i. A public notification form will be included in the special event application materials available from the city. ii. The public notification must include the organizer's name and contact information for questions. iii. The public notification must be approved by city staff before it is distributed by the organizer. iv. The public notification must be distributed by the organizer at least 7 days before the special event. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The Zink for the website should also be provided on the city's website. 4. Special events that REQUIRE contracts will need to provide an opportunity for public comment. a. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for noticing and hosting the meeting must be paid by the applicant for the special event together with any applicable permit application fees. Special Events Task Force September 27, 2010 Page 4 of 11 b. Any special event that has a contract with the city in 2010 will be considered "grandfathered ". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. c. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post - event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions - the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. 5. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract ", and 30 days prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city. A summary of the public notice and public comment recommendations is as follows: Event Special Event Special Event with Contract No neighborhood notice required Neighborhood notice not required if special event occurs completely within a city park. If it does not, then neighborhood notice is required. Neighborhood notice by event host required No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered ".' A post -event questionnaire is required. This requirement also applies to "grandfathered" special events. No post -event questionnaire required No post -event questionnaire required Reviewed only by city staff, unless a noise variance is requested. The Council must review a noise variance. Reviewed by City Council, city staff, and applicable Commissions Reviewed by City Council, city staff, and applicable Commissions ' Any special event that already has a contract with the City during 2010 is considered "grandfathered' and as its contract is renewed annually, it is not required to provide an opportunity for public comment unless there are substantive changes to the event. • Special Events Task Force September 27, 2010 Page 5 of 11 C) Beautification Fee and Program The Task Force conceptually adopted a beautification fee program and fee amount. But, upon examination of the cumulative impact of this fee together with all other proposed city event fees, the Task Force on a 5 -1 vote recommended that a beautification fee should not be charged to event organizers. The Task Force agreed that beautification downtown is expected by both residents of the city and guests, and that it is critical to continue with these efforts. They also agreed that it is not equitable for the same few merchants to carry the burden of these beautification costs year after year. Moreover, a majority of the group came to believe that the beautification fee would potentially drive away smaller events and were therefore no longer in favor of it as a revenue source for beautification. The group believed that the city should pay for the beautification costs downtown, as do many other communities. Therefore, the SETF recommends that beautification costs should be paid from the city's general funds, and that the amount budgeted next year should be $15,000. Though the Task Force did not specifically say that the other elements of the Beautification Fee Committee's planning documents should be implemented, it was implied that the applicable portions should form the basis of an annual work plan and budget that would be executed by the Public Works Department. Dj Fees for City Services and Facilities 1. Out -of- pocket expenses - Fees for city services will be limited to the city's out -of- pocket expenses. Out -of- pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, biilables (e.g. postage), and any contracted services. 2. "Event" application fee - No application fee will be charged for a gathering that meets the definition of an "event ". An application for this type of gathering is reviewed only by staff, so out -of- pocket costs are very low. 3. "Special event" application fee - A $50 application fee will be charged for a gathering that meets the definition of a "special event ". An application for this type of gathering requires review by city staff, the Park Commission and /or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee. 4. "Special event with city contract" application fee - A $50 base application fee will be charged. In addition the cost of mailing notices for the public input meeting for this type of gathering must be paid by the applicant. The cost of the mailing will be 50 cents per address. 5. Equipment - Equipment operated by city personnel to support an event will not be paid for by the event organizer, unless the equipment has to be rented by the city specifically for the event. 6. Materials - Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event Special Events Task Force September 27, 2010 Page 6 of 11 organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables Park Benches — City Delivers Park Benches — User Delivers Orange Fencing Portable Bleachers Safety Vests — Orange Safety Vests - Yellow Spray Paint Event Trash Containers 1.5 cy Dumpsters Refuse Collection Refuse Collection — MN Charge $10.00 /item/day $6.00 /item/day $3.00 /item/day $2.50 /lineal foot $75.00 /item/day $13.50 /item/day $27.50 /item/day $S.50 /item/day $8.00 /item/day $16.50 / item/day $56.50 /ton + MSW tax $17.09 + $2.91 MSW tax Electricity — $20.00 4 hrs /facility; $ 30.00 +4 hrs /facility Type I — 12' Barricades Type I with Type A Flasher Type III — 4' Barricades Type III — 8' Barricades Drums Reflective Cones Stop Sign on Stand No Right/Left Turn Sign on Stand 60" x 30" Closed to Thru Traffic PD No Parking Signs $2.00 /item/day $3.00 /item/day $2.00 /item/day $3.00 /item/day $1.00 /item/day $1.00 /item/day $2.00 /item/day $2.00 /item/day $2.00 /item/day $1.00 /item/day 7. Park Usage Fee - Standard park reservation and facility use fees will apply. In addition, a $500 Park Usage Fee may be charged. Whether the $500 Park Usage Fee is charged or not will be left up to the Park Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear - and -tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. MISCELLANEOUS The Special Events Task Force believes that without a beautification fee, hosting a public forum on the other recommendations is probably not necessary. If the City Council feels strongly that a public forum of some sort should still be offered, that could be scheduled. J Special Events Task Force September 27, 2010 Page 7 of 11 N XT STEPS If the City Council accepts the Special Event Task Force recommendations, staff can draft a policy statement in resolution format, which would be brought back to the City Council for approval. Also, an event permit application form would be developed and brought back together with the policy resolution. The application fee and other potential charges would be adopted with the 2011 Fee Schedule. Attachments: Beatification Fee Committee Report, November 18, 2009 Review process flow charts & time line bt Special Events Task Force September 27, 2010 Page 8 of 11 Downtown Beatification Planning Document This document represents a consensus of the Special Events Task Force. It sets out the vision, long term objectives, strategies, beautification elements, organization structure and budget. Vision To provide a pleasing environment for the residents of Stillwater, their guests and the visitors that enjoy the Historic Downtown commercial district throughout the year. To foster and promote tourism within the city of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. Values • Know you're approaching a special destination - Know you've arrived someplace special • Welcoming, clean, festive, pleasing sounds • Encourage a slower pace, strolling, shopping, sitting by river, eating inside/outside • Tied into the river, the town 's architecture and its history with identiing and historical reference points Long -Term Objectives • Fund the beautification budget from the city's general revenue. • Develop a maintenance plan • Create a repeatable, sustainable process • Establish beautification/visual impact standards and work with event planners to ensure Stillwater's esthetics and beauty are highlighted for attendees and retained after events are completed Strategies • Implement existing and new beautification elements within the context of the city's comprehensive plan Goals - To be developed by city: must have specified time frame and be measurable. Beautification Elements: • Flower Pots: Spring/Summer & Fall/Winter • Hanging Pots • Christmas Lights • Banners & Brackets • Directory Kiosks • Information Area • Benches • Bike Racks • Picnic Tables • Murals • Art & Sculpture Walk (changing) • Trash & Cigarette Receptacles • Clean sidewalks Special Events Task Force September 27, 2010 Page 9 of 11 Annual Maintenance Budget • Flower Pots Spring (70 -80) • Flower Pots Summer (70 -80) • Flower Pots Fall/Winter (70 -80) • Business Directory Maps (5) • Flower Pot Watering (Summer) • Christmas Light Installation/Storage • Banner Installation Spring/Su caner • Banner Installation FalllWinter • Sidewalk cleaning $2,000 $4,500 $4,500 $600 7 7 7 Development Budget • New Banners • Additional Flower pots — replace damaged pots • Hanging Pots with watering system (80 -100) • Directory Kiosks ( +2) • Information Area (short term/long term) • City Entrance Signs —city in cooperation with beautification & subject to comprehensive plan • Benches - city in cooperation with beautification & subject to comprehensive plan • Bike Racks - city in cooperation with beautification & subject to comprehensive plan • Picnic Tables - city in cooperation with beautification & subject to comprehensive plan • Murals — grants & sponsorships • Art & Sculpture Walk (changing) — grants & sponsorships • Trash & Cigarette Receptacles - city in cooperation with beautification & subject to comprehensive plan Beautification Organization: • The city's Public Works Department should develop an annual work plan and request approval of its budget from the City Council. Special Events Task Force September 27, 2010 Page 10 of 11 Review Process and Timeline Permit for an Event 1. Application fee and submittal deadline a. Submit completed event permit application (no fee) at least 30 days before event. 2. City Review a. No neighborhood meeting, event notice or post -event questionnaire is required. b. Event permit application is reviewed and approved by staff. 3. Permit issuance deadline a. Event permit issues within 30 days of submitted permit application Permit for a Special Event 1. Application fee and submittal deadline a. Submit completed special event application with $50 fee at least 60 days before event. 2. City review a. Reviewing groups i. City staff will review all special event permit applications. ii. Parking Commission will review if 10 or more public parking spaces are requested. iii. Park Commission will review if Lowell Park is the special event venue. iv. The City Council will consider recommendations from staff and commissions and decide upon issuance of the special event permit. b. Public meeting i. No public meeting is required. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. No post -event questionnaire is required. i Special Events Task Force September 27, 2010 Page 11 of 11 Permit for a Special Event with Contract 1. Application fee and submittal deadline a. Submit completed application with $50 fee plus $0.50 per neighborhood meeting notice addressee at least 60 days before event. 2. City review a. Reviewing groups i. Upon recommendation from City staff and any applicable Commissions, the City Council will consider and decide upon issuance of the Special Event Permit. b. Public meeting i. Two to four weeks after the completed application is submitted to the city, but no later than three weeks prior to the event, the city will hold a neighborhood meeting for public comment. The neighborhood meeting must be held prior to consideration of the permit request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. c. Notice of Event i. A notification flyer must be written by event organizer according to the sample included in the permit application packet. ii. The notification flyer must be approved by City staff. iii. After staff approval and at least 7 days prior to the event, the event organizer distributes notification flyer to residents of all property immediately abutting the event venue. iv. The notification flyer must include the organizer's name and contact information for questions. v. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. vi. If there is a website for the special event, the website address must be included in the notice. The Zink for the website should also be provided on the city's website. 3. Permit issuance deadline a. Event permit issues within 60 days of submitted permit application 4. Post -event questionnaire a. A post -event questionnaire will be offered on the city's website. The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event with contract application request. Bill Turnblad From: Sent: To: Subject: Shawn Sanders Tuesday, September 28, 2010 12:59 PM Bill Turnblad RE: Revisions to draft recommendations Bill, I'm sorry for the late response, but I see this is planned for the next council meeting Here is a revised fee schedule for the Special Events Report Picnic Tables Park Beaches City Delivers Park Bunches User Delivers Orange Fencing $10.00 /item/day $600 / iten/day $3.00 / item/day $2.50 /lineal foot Safety Vests Orange 11 $13.50 /item/day Spray Paint Event Trash Containers 1.5 oy Dumpstera Refuse Collection Portable toilets Portable toilet - Handicap Electrical use (Parks) Electrical use(Lowell Park) 4' -12' Barricade 4' -12' Barricade w/Flasher Type I with Typc A Flashor Typc III 'l' Baicades Type III 8' Barricades Drums Reflective Cones Stop Sign on Stand $5.50 /item /day $8.00 /item/day $16:50 / item/day Staff time per hour 11 $60/ event /unit $150 /event /unit $10.00 per day $20.00 per electrical box $2.00 /item/day $5.00/item/day $5.00- /itemklay $2.001item /day $3.00 / item/day $1.00 / item/day $1.00 /item/day $2.00 / item/day Traffic Sign on Stand PD No Parking Signs Shawn From: Bill Tumblad Sent: Friday, August 27, 2010 2:50 PM To: Beth Wolf; Bill Turnblad; Chris Murphy; Debbie Johnson; Diane Ward; Helmberger, Gerald M; Jennifer Severson - Director, Chamber of Commerce; John Gannaway; Micky Cook; Micky Cook (upchestnuthill @comcast.net); Rob Gag; Rob McGarry ; Robert Gag; Vienette Olson Cc: Larry Hansen; Shawn Sanders Subject: Revisions to draft recommendations $2.00 / item/day $1.00 /item/day Fees Cost Event Special Event Special Event w /contra Application fee Qvf- of- ''socket Of costs 'Mated- Park Usage : Pee . Examples: Brine's Bocce Ball Tournament NA NA As needed NA 50 850 + 500/mailed n ti6E Cost Special Event Application fee $50 Out -of- pocket city costs $0 Materials $0 Park Usage Fee $0 TOTAL $501 Antique Car Show Cost Special Event Application fee $50 Out -of- pocket city costs $0 Materials $962 Park Usage Fee $0 TOTAL $1463 Rivertown Art Festival Cost Special Event wlcontract Application fee $50 Out -of- pocket city costs $4303 Materials $124 Park Usage Fee $500 TOTAL $9925 Andersen Relay Race Cost Event Application fee $0 Out -of- pocket city costs $0 Materials $126 Park Usage Fee $0 TOTAL $121 Criterion Bike Race Cost Special Event w /contract Application fee $50 Out -of- pocket city costs $0 Materials $0 Park Usage Fee $0 TOTAL $505 As needed As needed Probabl" not As needed ' No fees charged in the past. 2 4 barricades for each of the 12 weeks. 3 Four portable toilets 4 barricades on Sam Bloomer 5 Last year the Chamber of Commerce paid only $500 for the Park Usage Fee. Since this is a contract event, the total fees could be negotiated down. 6 4 barricades Last year the race was charged $24. Owed $1,400 last year: 51,000 toward city costs and 5400 for beautification fee ($1 per biker). Contract event, fee could be negotiated. City Council Meeting December 21, 2010 Mayor Harycki noted that the only other open item is whether B&B should be included or exempt. Tom Lynum, Sauntry Mansion B &B, referred to his e-mail sent to the Council. Councilmember Gag referred to previous discussions about exempting B &Bs and spoke in favor of being consistent and not changing the policy. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance 1025, An Ordinance Amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56 -5, Local Lodging Tax - Established Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of resolution adopting policies for events and discussion of downtown beautification Community Development Director Turnblad noted that there are two resolutions for the Council's consideration, one adopting the policies for reviewing event applications, which incorporates the recommendations of the special events task force as discussed several time in the past. The second resolution is one brought forward by Councilmember Cook at the previous meeting related to downtown beautification. Mr. Turnblad said the beautification proposal is that there should be a group, much like the Parks Commission, that would make recommendations regarding a work program for each year, which would be adopted as part of the budget process. He suggested that either the Downtown Parking Commission or the Parks and Recreation Commission might be appropriate bodies for the downtown beautification program. Councilmember Cook stated that her intent was to protect the money currently being allocated for beautification efforts, as well as to create some ability to raise additional funds and accept gifts for additional enhancements. There was discussion as to how to ensure designated gifts are utilized as a donor wishes. Councilmember Cook spoke of her goal of having a dedicated fund to keep additional funds raised for downtown beautification projects. Mr. Turnblad pointed out that both the Parking Commission and Parks Commission put together a work program for the year, which the Council adopts as part of the budget process, so the Council will know where funding is coming from and where it is being spent. Mr. Tumblad suggested that the Parks Commission seems to be a better fit for this as meetings are more available to the public — the Parking Commission meets at 8:30 a.m., with the Parks Commission meets in the evening when more members of the public would be able to attend. Councilmember Cook expressed some concern about the staff revision of the resolution related to beautification; and Mr. Turnblad pointed out that for timing purposes, it would be most important to adopt the policies for reviewing event applications at this meeting. Page 6 of 9 City Council Meeting December 21, 2010 Motion by Mayor Harycki, seconded by Councilmember Gag to adopt Resolution 2010- 204, Establishing policies related to review of event applications, with the beautification resolution to be brought back at the next meeting. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Gag thanked everyone who worked on the task force for their efforts. Councilmember Cook also thanked the people who worked on the beautification subcommittee and said she would like that resolution adopted at the next meeting, incorporating the changes discussed. NEW BUSINESS Possible appointment to the Human Rights Commission City Clerk Ward noted one application had been received for the Human Rights Commission and that the Commission remains three people short. Councilmember Polehna reported that he and Commission Chair Taves had interviewed the applicant and he would recommend appointment of Carla Harvieux. Councilmember Roush said he was impressed with the applicant. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2010 -205, appointing Carla Harvieux to the Human Rights Commission. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible a royal of Administrative Fees for Mowin • Clean u • and Snow Removal Community Development Director Turnblad noted that the City passes on the cost for mowing and cleanup of vacant properties. He indicated that currently only the contract cost is passed on, but because there is a lot of staff hours involved, the recommendation is to charge a fee of $100 for the first occurrence, and $50 for subsequent occurrences, in addition to the contract amount. Mayor Harycki asked if the proposed amount was sufficient to cover staff time and Mr. Turnblad responded that staff is considering charging additional for the extraordinary properties. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2010 -206, approving administrative fees for mowing, clean up and snow removal. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page7of9 RESOLUTION 2010 -204 RESOLUTION ESTABLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS WHEREAS, in the past, the review of event applications has been somewhat inconsistent; and WHEREAS, the City Council established a Special Events Task Force to study issues related to events and directed them to develop recommendations for addressing those issues; and WHEREAS, the Special Events Task Force met for 18 months to develop recommendations, which were presented to the City Council on October 5, 2010; and WHEREAS, the City Council considered the Task Force recommendations for several months and found them to be reasonable and acceptable. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves policies and procedures for reviewing event applications as follows: 1. For the purpose of determining which gatherings will be required to submit an event application to the City for review, the following thresholds will apply: Event Special Event Special Event With Contract A gathering is considered an event when anv one of the A gathering is considered a special event when any one of the A special event requires a contract with the city if: following thresholds applies: following thresholds applies: 1) Closure of street - One block of 1) Closure of street - One block of a a residential street is closed for up to 5 hours; or any portion of a commercial street is closed for up to 2 hours. residential street is closed for more than 5 hours; or more than one block of a residential street is closed for any length of time; or any portion of a commercial street is closed for 2 hours or more. 2) Public parking lot use -1 to 9 2) Public parking lot use -10 or spaces in a public parking lot are reserved. more spaces in a public parking lot are reserved. 3) Street use - The event has a 3) Street use - The event has a route (continued on next page) route on a public street(s), such as races, walks, or parades. (continued on next page) on a public street(s) (such as a race, walk or parade) that requires street closure, traffic control, street sweeping, or the use of no parking signs" along the route. (continued on next page) Event Application Policies Page 2 of 5 4) Number of people in a park - 250 or more people are expected at a time in a public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Contract with city required — Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra - ordinary city employee support or city materials are necessary, OR any out -of- pocket expenses are incurred by the city. 2. The following policies related to public notification and public comment will apply: a. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events ") are not required to provide public notification or an opportunity for public comment. b. Organizers of "special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. c. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. i. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple flyer. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. ii. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct . mailing or hand delivered flyer. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. Event Application Policies Page 3 of 5 4. The public notification must be distributed by the organizer at least 7 days before the special event. 5. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. 6. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. d. Special events that REQUIRE contracts will need to provide an opportunity for public comment. i. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the neighborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for mailing notices by first class mail and the costs of hosting the meeting must be paid by the applicant for the special event permit together with any applicable permit application fees. ii. Any special event that has a contract with the city in 2010 will be considered "grandfathered ". This is to say that these special events will not have to conduct a neighborhood meeting before their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods. iii. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post -event questionnaire. The questionnaire will be offered on the city's website. [It will consist of three to five questions — the same questions would be used for all special events. The questionnaire should also include the chance for anyone to submit general comments.] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. e. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract ", and 30 days prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city. Event Application Policies Page 4 of 5 A summary of the public notice and public comment policies follows: Event Special Event Special Event with Contract No neighborhood notice required Neighborhood notice not required if special event occurs completely within a city park. If it does not, then nei . hborhood notice is - • uired. Neighborhood notice by event host required No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered".1 No post -event questionnaire required No post -event questionnaire required A post -event questionnaire is required. This requirement also applies to "grandfathered" special events. Reviewed only by city staff, unless a noise variance is requested. The Council must review a noise variance. Reviewed by City Council, city staff, and applicable Commissions Reviewed by City Council, city staff, and applicable Commissions , 3. The following fees will apply: a. Out -of- pocket expenses - Fees for city services will be limited to the city's out -of- pocket expenses. Out -of- pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g. postage), and any contracted services. b. "Event" application fee - No application fee will be charged for a gathering that meets the definition of an "event ". An application for this type of gathering is reviewed only by staff, so out -of- pocket costs are very low. c. "Special event" application fee - A $50 application fee will be charged for a gathering that meets the definition of a "special event ". An application for this type of gathering requires review by city staff, the Park Commission and /or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee. d. "Special event with city contract" application fee — A $50 base application fee will be charged. In addition the cost of mailing notices (first class postage, letterhead, envelopes) for the public input meeting for this type of gathering must be paid by the applicant. e. Equipment - Equipment operated by city personnel to support an event will not be paid for by the event organizer, unless the equipment has to be rented by the city specifically for the event. f. Materials - Since event use of materials owned by the city (e.g. barriers, cones, signs) creates wear and tear on those materials, that use must be paid for by the event organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the Any special event that already has a contract with the City during 2010 is considered °grandfathered° and as its contract is renewed annually, it is not required to provide an opportunity for public comment, unless there are substantive changes to the event. Event Application Policies Page 5 of 5 g. estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables Orange Fencing Trash Containers Refuse Collection Portable toilets Portable toilet — Handicapped Electrical use (Parks, except Lowell Park) Electrical use (Lowell Park) Barricade 4' to 12' Barricade 4' to 12' with flasher Drums Reflective Cones Traffic Sign on stand PD No Parking Signs $10.00 /table /day $2.50 /lineal foot $8.00 /container /day Cost of staff time $60 /event/unit $150 /event /unit $10.00 /day $20.00 per elec. box/day $2.00 /barricade /day $5.00 /barricade /day $1.00 /drum /day $1.00 /cone /day $2.00 /sign /day $1.00 /sign /day Park Usage Fee — Standard park reservation and facility use fees will apply. In addition, a $500 Park Usage Fee may be charged. Whether the $500 Park Usage Fee is charged or not will be left up to the Park Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear - and -tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. Adopted by the Stillwater City Council this 21st day of December, arycki, ayor ATTEST: Diane F. Ward, City Clerk Teddy Bear Park Building Rate Schedule A $100 refundable damage deposit per floor is required plus the following. c•J C2141-9- Mon -Thurs Resident Non - Resident Non - •rofit Grou • For - Profit Grou - First 3 hrs (1st floor) $50 $80 $50 $80 Add'I hour (1st floor) $15 $25 $15 $25 First 3 hrs (2 "d floor) $40 $60 $40 / $10* $60 Add'I hour (2"d floor) $10 $15 $10 / $5* $15 * Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri -Sun Resident Non - Resident Non - • rofit Grou • For - Profit Grou • First 3 hrs (18 floor) $90 $160 $90 $160 Add'I hour (1St floor) $25 $45 $25 $45 First 3 hrs (2 "d floor) $70 $125 $70 $125 Add', hour (2nd floor) $20 $35 $20 $35 EVENTS & SPECIAL EVENTS Event Application Fee - $0.00 Special Event Application Fee - $50.00 Special Event with Contract Application Fee $50.00 Special Event held in Stillwater Parks $500 Damage Deposit $250 Materials Picnic Tables $10.00 /table /each day of event Orange Fencing $2.50 /1ineal foot Trash Containers $8.00 /container /each day of event Refuse Collection Cost of staff time Portable toilets $60 /event/unit Portable toilet — Handicapped $150 / event/unit Electrical use (Parks, except Lowell Park)$10.00/ each day of event Electrical use (Lowell Park) $20.00 per elec. box/ each day of event Barricade 4' to 12' $2.00/barricade/each day of event Barricade 4' to 12' with flasher $5.00 /barricade /each day of event Drums $1.00 /drum /each day of event Reflective Cones $1.00 /cone /each day of event Traffic Sign on stand $2.00 /sign /each day of event PD No Parking Signs $1.00 /sign /each day of event POLICE FEES: Administrative Citation Fees (see attached) Dog Licenses - per year $10.00 Dog Impound $50 Audio Copy $15 Video Copy $40 State Accident Reports No fee Police Reports No fee Peddler Background Check $25 per applicant and each representative In -house statistical computer run $25 Bicycle License $1 5 1/27/2011 -- lI l lwa ter.. Administration Memorandum To: Mayor & City Council From:Diane Ward, City Clerk Date: 5/11/2011 Re: Rivertown Art Festival Special Event & Contract Attached is the special event application and contract for the 2011 Rivertown Art Festival. As part of the new special event policy, the application and contract was submitted to the Downtown Parking and Parks Commissions. The Parking Commission recommended the charge of $3,627 for the use of parking spaces for the festival (see attached). The Park & Recreation Commission approved the contract as written (attached) with the park usage fee of $500.00 and a damage deposit of $250.00. It should be noted that barricades & power are not included in the contract, but according to the new special event policy this event would also be charged for those items. The charges would be as follows: 5 barricades with flashers X $25.00 per day X 2 days = $50.00 7 barricades no flashers X $14.00 per day X 2 days = $28.00 Outlets: $20.00 per electric box X 2 outlet boxes X 2 dates = $80.00 TOTAL = $158.00 Total amount due: $658.00 (Park Usage, Equipment, and Power) ACTION REQUIRED: Discuss fee for parking spaces. Approve contract and direct staff on the fee for parking spaces. APPROVING 2011 RIVERTOWN ART FESTIVAL AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between Greater Stillwater Area Chamber of Commerce /St. Croix Events and the City of Stillwater for the 2011 Rivertown Art Festival is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 17th day of May, 2011 Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk (1.1 . THE tIEIN ►tN CE of MI EVENTS PERMIT APPLICATION 216 North 4 " Street, Stillwater, MN 55082 Telephone: 651- 430 -8800 Fax: 651 -430 -8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: Title /Name of Event 4�J�e.� u�y 4 /Cr i-cv,c, Event Date/Time: Set up: Date )'Yi A, Actual Event: Date "Y1/1 A1 •S- ( 44- Cleanup: Date )141 d'3 Time gtec5 1•x4 • to Time t. ao A 4.., to Time $too a to £ . (Events after 10:00 p.m. require a variance from City Counci • Location (Address) of Event: if.?/ �/ (� (If in Lowell Park please specify north or south Lowell park) I..0 �ELC_ i_ Ala CTH t ••sect T• Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) 74•4u;i C— �"eS• Co 4Tr rL- Estimated Attendance (participants and spectators): Sponsoring Organization Name: (04.e i "K 4.1set Mailing Address: 7•o. 2.0Tc fir( Croix E ke i .24c . City, State, Zip Code: ST,c.r`.7..A 61.4 SSo�- Primary Contact /Applicant Name: Phone Number: 4.51_ 430 Fax: (..s7 - 450_ a s�3 Cell Phone: as-, ,K3_ Email Address: K Rio a . -Qea.K Eve ■'f) Website Address: fN I VICTO4)44 AT-Fe Va4 ee Pvt. Name of contact person during event: t &K�R.G0 Alternate contact during event: � hia oNfe Cell Phone: 6 57- 4453- -3414' Cell Phone: 6s /- yt3a ..a30 , Refer media or citizens inquires to: �ott. K6 ER G Phone: cps 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. 'i'F 'i'r Will any signs /banners be put up No • Yes Number and size: •-f-g D Will there be any inflatables? No • Yes /Ifs Insurance certificate from rental vendor is required Will there be entertainment? No ■ Yes C What type: cc 4 KK o w4 Will sound amplification be used? No VI Yes • Hours and Type: _ Will a stage or tent(s) be set up? No • Yes Ef Dimensions: /0 to f ors( Will there be temporary fencing? No V Yes ■ Will merchandise /food items be sold? No • 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 E Yes ■ See Akohol Regulations in the Instructions Will alcohol be sold? No 1.2 Yes • See Alcohol Regulations in the Instructions Will there be a fireworks display? No IZI Yes • Permit required, contact Stillwater Fire Department, 651- 351 -4950 Describe power needs and location of power source. 0 S re.. A, n.c-t. P-_x es t_t -t,* rj Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available 71'L EA to _ .., Will event use, close or block any of the following: If yes specify location on site map. 4M. City Streets or Right -of -way No 11 Yes - Start/End Time: , , Date: Ser- aP'5&Le o• City Sidewalks or Trails No ..i Yes • Start/End Time: Date: �/ - Public Parking Lots or Spaces No • Yes '9:I Start/End Time: 2 _3, Date: Will event need barricade(s)? No • Yes N. Number needed: T46 Will extra picnic tables be needed? No Yes ■ Number needed: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance Is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a relegseef4abbility. Date Will portable restrooms be needed? No • Yes Rt Number needed: Will extra trash receptacles be needed? No ■ Yes t Number needed: Describe trash removal and cleanup plan during and after event: f RJ PrLW1— Ca & )t C4.4-d Will event need traffic control? No • Yes (J Contact Stillwater Police Deportment for assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: "No Will Parking Signs" be needed? No • Yes 90 Number needed: P4 , Show location(s1 on site mop C Will event need security? No • Yes ft 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: ■74 Describe the emergency action plan if severe weather should arise: M/il List any other pertinent information: -S ovR.t Dv+..k -e ,,A4 4er ' The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance Is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a relegseef4abbility. Date RIVERTOWN ART FESTIVAL AGREEMENT 2011 This Agreement between the City of Stillwater, Washington County, Minnesota ( "City "), in conjunction with the Rivertown Art Festival of 2011, part of a community wide celebration of the City (the "Event "); and the Greater Stillwater Area Chamber of Commerce, a Minnesota non- profit corporation ( "Chamber ") and St. Croix Events, a Minnesota corporation ( "St. Croix Events "), 1. Celebration. The City has encouraged the Event as a community wide celebration in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. The Chamber is responsible to see that no other liquor is brought into the park. 3. Insurance. The Chamber must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy " as their interest may appear ". 4. Signs. The Chamber will post signs, the number and content of which must. be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Hours of Operation. Operations are limited to 10:00 a.m. to 7:00 p.m. Saturday, May 21, 2011; and 10:00 a.m. to 6:00 p.m. Sunday, May 22, 2011. (Setup — Friday, May 20, 2011). 7. Police Power. The City reserves the right to order a shut down of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Chamber will cease dispensing and assist the police in the clearing of the Area. 8. Exclusive Use of Lowell Park. In return for the exclusive use of the North and South End Lowell Park (the use of which may be adjusted at the sole discretion of the City based on flood conditions in the park) and the right to sublease spaces within the park(s), the undersigned hereby agrees to the following stipulations: Parties agree that if flood conditions exist, park usage may need to be adjusted accordingly. 9. Flood Wall Construction. In cooperation with The United States Army Corps of Engineers (US ACE) the City is planning the construction of Stage 3 of the Downtown Stillwater levy project, which includes constructing a low floodwall/levee along the western side of Lowell Park. This work is anticipated to start sometime in 2011. Work at this time is not anticipated to begin until after the 2011 Rivertown Art Festival. The Chamber understands and acknowledges that construction of this project may limit access to portions of Lowell Park if the US ACE chooses to proceed with construction or staging prior to May 21, 2011. In order to accommodate construction and staging activities the City reserves the right to adjust which areas of the park that may be used by the Chamber for this event to accommodate the levy proj ect. 10. Damage deposit of $250.00 and a user's fee of $500.00 to be paid at the signing of this contract (deposit of $250.00 to be refunded in whole or in part, depending-on amount of damage, if any, as determined by the Public Works Superintendent). The lessee shall be responsible for any damage that is not covered by the deposit. 11. Lessee shall furnish dumpsters or roll -off boxes in sufficient quantity to contain the accumulation of trash generated by the event(s) and shall see that all trash is picked up daily and deposited in dumpsters, including the emptying of park trash receptacles. 12. Lessee shall furnish portable restrooms (at least four) to augment the existing facilities. NOTE: In the case of Lowell Park the existing restroom facility shall be closed and the City shall furnish at least four additional restrooms at City expense and the four additional restrooms by the lessee will be at their expense. 13. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Police Chief requires. 14. Hold Harmless and Indemnify. The Chamber agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the Area, including the dispensing of liquor pursuant to this Agreement. 15. Event shall be as described in the attached Special Event Application, which may have comments and shall become a part of this contract. Page 2 of 3 IN WITNESS WHEREOF, the parties have set their hands this day of , 2011. Subscribed and sworn to before me this day of , 2011. Notary Public Subscribed and sworn to before me this day of , 2011. Notary Public Subscribed and sworn to before me this day of ,2011. Notary Public GREATER STILLWATER AREA CHAMBER OF COMMERCE By, Its ST. CROIX EVENTS By Its CITY OF STILLWATER Ken Harcyki, Mayor Attest: Diane F. Ward, Its Clerk Page 3 of 3 illwater THE BIRTHPLACE OF MINNESOTA \ TO: Downtown Parking Commission FROM: Bill Turnblad, Community Development Director DATE: April 20, 2011 RE: Spring Art Fair Spring Art Fair The Spring Art Fair is scheduled for the weekend of May 21 -22 with setup occurring on Friday May - 20`h. Tear down would be completed largely by Sunday night. For all practical purposes the three associated city parking lots would be reserved all Friday — Sunday. The only exception is that the trash dumpster and toilets would not be removed until Monday. Attached is an air photo showing the layout of the art fair. City lots 2, 4 and 5 will be closed for the event. The parking fee as established by Resolution 2010 -204 and applied to this event is presented in the table below. A second table is shown with a modified fee as recommended by City planning staff. Fee by Resolution 2010 -204 Lot Number No. of spaces Standard fee Number of days Total fee 2 110 $9 /space/day 3 $2,970 4 48 $9 /space /day 3 $1,296 5 25 $9 /space /day 3 $675 TOTAL $4,941 Staff suggested Fee Lot Number No. of spaces Suggested fee Number of days Total fee 2 110 $9 /space /day 3 $2,970 4 48 $3 /space /day 3 $432 5 25 $3 /space /day 3 $225 TOTAL $3,627 The staff suggestion includes the equivalent of a $1,314 subsidy for the art fair. Action Requested The Parking Commission should recommend a parking fee to the City Council. bt attachment: Air photo of art fair layout Spring Art Fair Event Permit Page 2 Administration Memorandum To: Mayor & City Council From:Diane Ward, City Clerk Date: 5/13/2011 Re: Let's Go Fishing Special Event Attached is the special event application for Let's Go Fishing. This event is taking place in Lowell Park, therefore requires Council approval. The applicant will be paying for the rental of the Gazebo as per Park Rental Rates. As part of the Special Event Policy, the following charges will apply: Portable Restrooms (2) required: $120.00* TOTAL *Option: Applicant may obtain quotes from other vendors and contract with them directly. ACTION REQUIRED: Review and approve /disapprove the event. TOE OIRTKPLRCE Of MIMMTROTA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651- 430 -8800 Fax: 651 -430 -8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 2: \ ztoj 24) ( I ffi e.l a g/IIVi` .Rate 4pplf ation Received Speal Evef EV ormabon Title /Name of Event LE A2s 61-0 1-1 5),N; a e - ;-r / 1 Ks 1 'Pp, fa t _ Event Date /Time: Set up: Date 6 -) 1 - 11 Time 6: 3o th . to 10: C A v■■ Actual Event: Date C/c^ 11 -- 1 1 Time JD:DC) r to 4 :00 Fill Clean up: Date %- 1l - 1 1 Time 4 ` Pm to 6: tt Po (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: )% 1� (If in Lowell Park please specify north or south Lowell park) �'PW e- `k 9 A �k_ C P.) E- C(p �. t f3 0 U \ e. ► V\ -Cr Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website): c a- s -14 Ac I)-\ E o € i g. v -1-- S h E.F --}- Estimated Attendance (participants and spectators): 0 P i c it:RuAzA ; C, 3 co -. Sao ? 1pJit ipfprmat ion (Pierson/GroupResponible) Sponsoring Organization Name: L c-i..5 e -tow 1,-1',y, [.r 11,14-11 St Yl j of2-5 -- SA : 11 wl t01 a (-h 9te ('/c, l� It •-} a A tx3,1 iToZt N Mailing Address: .3 8 t. la v £ R-0 E. Ave, 1M, City, State, Zip Code: L -k g_ 1 vli fa , 01 5 s 0'9 L_ Primary Contact /Applicant Name: B E s p .! n. s kt. -r -r- Phone Number: e_65) _ L.4 3 0 _.4 1 -L 3 Fax: 6rl -/-1-30- c/S) L 3 Cell Phone: 6/7-- --7s _- n, 97 Email Address: h)... C 2 by t4 @ Yiakoe` C-t'✓rY Website Address: L e:.... ' l� s, - Name of contact person during event: t.7__T pi. 0_51,4. -s--r Cell Phone: &f 2 _ 7S0/, _2-,- 9' Alternate contact during event: k ici R-` N r' c, u‘ Sl k y CeII Phone:65 )_ Z _ 69 5 Refer media or citizens inquires to: c3 P Phone: ai jz'-1- 1 A s----- , / Z _ 3 5 _ p,67 3 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. EyentifiatbreS.::,.,,,:i, I 2- 3' x 5 1:zinvirtEP-.S Will any signs/banners be put up No • Yes X Number and size: Will there be any inflatables? • No X Yes • Insurance certificate from rental vendor is required Will there be entertainment? No NI Yes IA What type: 611-v-,0\ - tel-SI 1 ■s•A" i Ni 1-1 9 41 oit, Will sound amplification be used? No • Yes X Hours and Type: I 0 0,1A - rfrl or-F .. f f x E•+c, Will a stage or tent(s) be set up? No • Yes x Dimensions: 111i 1- - Fc, Will there be temporary fencing? No • Yes X / - Y CI" T 14 17- gC"cs- f's Will merchandise/food items be sold? No • Yes X 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 tiS Yes • Contact Stillwater Fire Department 351-4950 Will alcohol be served but not sold? No X Yes • See Akohol Regulations in the Instructions Will alcohol be sold? No Ni Yes es II See Alcohol Regulations in the instructions Will there be a fireworks display? No ig Yes • Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. -coL e)04.-)4, or, 1- ki: 6-1. A LE: at, c-ca 1 Ne,:c 14 T.- ,14•■■•••■C.t 141 rh 1011 -Clc vel -0.crii Describe level of advertisement (le, radio, flyers, ads, tv, press release). Attach sample if available F I 9 f_ i? loc *) 1:14-ksi ,14-55es 0 4'4, adi )Dcfv; vi 51 Cool„,,,,, ;.1_ 4).„21.4,4, 24c_ 11 . E C2-IS 0 City Services. (After reviewing the event application, City services may barequried for the event) :: . •• • ,4. . , • , .-::._,.:: !.' ,;.:; Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No A Yes • Start/End Time: Date: City Sidewalks or Trails No C74 Yes 1 Start/End Time: Date: Public Parking Lots or Spaces No C2i( Yes • Start/End Time: Date: Will event need barricade(s)? No jici Yes • Number needed: Will extra picnic tables be needed? No Xk Yes • Number needed: Will portable restrooms be needed? No 0 Yes )1 Number needed: Will extra trash receptacles be needed? No g Yes ■ Number needed: Describe trash removal and cleanup plan during and after event: Will event need traffic control? No Yes ■ Contact Stillwater Police Department for assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: W -OX t t,S•e ShoW itIt CC ©.r c oLielt n -tape aroka kid -RSht/ aim, -lo pro7led. -Mere iV -okiA, pe'op/e t,u lr, yet. Will "No Parking Signs" be needed? NoI 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: LCCi9? C.( C''1 p5, ' 'EC , 1 �;z�t -1 c- )1.4 -1- ciZf: �-�� 1—�-c A w;11 U_ o v :-1-E. Describe the emergency action plan if severe weather should arise: \E E \)swv -- w', \\ \DE cAn€ \ 1r4 0 i-1-,f 0) O• _`� E - - TPvv cAvl la. u.._.-4.. c-0Q__ —' =‘I.. 't?I'q21 e'4",i1N-E -( - list any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" moy be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 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. 1 realize my submittal of this application request constitutes a contract between myself and the City ater and i rele0e o Liability. Signature of Applicant or Authorized Agent Date Let's Go Fishing - Party in the Park Stillwater Area Chapter June 11, 2011 Event Coordinator : Bert Plaskett / cell 612 -759 -8697 / 555 Lakeside Dr., Bayport MN 55003 Let's Go Fishing - Party in the Park Stillwater Area Chapter LGF Walk on Stillwater Fundraising Camnaian: April 18th to June 11th 2011 LGF Walk on Stillwater Final Day Events: Saturday June 11th 2011 Where: Downtown Stillwater, MN 1. LGF Pancake Breakfast 8:00 AM - 10:30 AM $4.50 a person - 3.pancakes, 2 sausage, milk & coffee Water Street Inn, 101 South Water St., Stillwater, MN 2. LGF "Walk On Stillwater" starts at the Lowell Park Gazebo between 10:00 am & 1:00 pm; walk at your own desired time and pace the recommended route would be up and down both sides of main street with LGF literature to handout. 3. LGF Walk Party in the Park: 10:00 AM to 4:00 PM Lowell Park Gazebo, Downtown Stillwater, MN The purpose of this event is to develop greater public awareness of the Let's Go Fishing Program and the Free service we offer our guests. This is also a way we can expose the public to the many volunteer and support opportunities with Let's Go Fishing Free Pontoon Excursions from Lowell Park on the St. Croix River Three Let's Go Fishing Pontoon Boats (designed for Seniors & Handicapped) All guests will have to fill out a Boarding Pass & Waiver Guests will have to have a supplied life jacket on before boarding Captains & Mates will be trained LGF Volunteers & keep a trip log Boat Captains will have communication to Trip Coordinator There will be one boat at the landing at all times in case of an emergency Music at the Gazebo (band not determined yet) 11:00 AM - 4:00 PM easy listening, Tight sound amplification Silent Auction - 10:00 AM - 3:30 PM Live Auction - 2:00 AM - 2:30 PM Kids Fishing Contest - 10:00 AM to 4:00 PM Off the levee in Lowell Park in a fenced off area $1.00 Kids Toumament Entry Fee 10 -12 kids at a time, with a new contest every half hour LGF will supply poles, bait, and life jackets Prizes for each group will be given for largest fish, most fish, ugliest fish, biggest piece of wood brought in, etc. Coke type refreshments will be sold by a local youth group (group not determined yet) Event Coordinator : Bert Plaskett / cell 612- 759 -8697 / 555 Lakeside Dr., Bayport MN 55003 • The Walk on Stillwater is to raise money to support the Stillwater Area Chapter of Let's Go Fishing (27 chapters statewide) ▪ Let's Go Fishing is a 501 C3 non - profit organization which is funded by locally support. • Donations support our local chapter to serve the people in our community. • The Stillwater Chapter of volunteers take Seniors, Youth and Veterans on Free Fishing and Boating Excursions on the beautiful St. Croix River. • The chapter is expanding to also include Persons with Developmental Disabilities and Family Members of deployed National Guard Personnel. • In the Stillwater Area Chapters first season (partial) from July 7th thru Oct.19th 518 guests were taken out in 61 outing. That's an average of 8.5 guests per trip. The 2011 expectations are: 136 to 184 outings and between 1088 and 1472 guests. • The f rndraisinR RQoal is to: *Cover operating cost for the outings. Fuel, T- shirts for crew volunteers, bait, ice, water for guests & crew, boat maintenance *Cover office supplies, Telephone, Printing, Postage, Advertising....etc.. *Put funds towards a 2nd pontoon boat which would enable the chapter to keep up with the growing demand. Let's Go Fishing of Minnesota is dedicated to enriching the lives of individuals through fishing and boating excursions that strengthen communities, build relationships and create memories. r !�.' 4� =^=_ - - Eli rots( its Ill rill; Erb. _ w •. WATER STREET Li —‘-• INN LGFWS Stillwater Area Chapter c/o Kollitz & Wllgren 3880 Laverne Ave. N. Lake Elmo, MN 55042 651.707.5181 Chapter Cell - Stillwater @lgfws.com Any Questions Contact: Chad Anderson Stillwater Area Walk for LGF (651) 303 -3137 Mobile murmurcreek @gmailcom Bert Plaskett Stillwater Area Board of Directors (612) 759 -8697 Mobile abc2by4@yahoo.eom Karin Housley Stillwater Area Board President (651) 260-8905 Mobile karin @katnhousley.com LGF with Seniors Stillwater Area Chapter "Walk on Stillwater" Fundraiser Kick Off Party: April 18th 2011 7 PM - 9 PM Water Street Inn 101 South Water St. Stillwater, MN Fundraising: April 18th to June 11th 2011 Date of Walk: Saturday June 11th 2011 Where: Lowell Park- Downtown Stillwater, MN Pancake Breakfast 8:00 AM - 10:30 AM Water Street Inn 101 South Water St. Stillwater, MN Walk anytime between 10:00 AM & 1:OOPM Walk on Stillwater Party:10:00 AM to 4:00 PM @ Lowell Park Gazebo Free Pontoon Excursions, Music, Games, Silent Auction, Kids Fishing Contest All the events are for the Public: Kick Off Party, Pancake Breakfast, & The "Walk on Stillwater" Party KEEP ACTIVE • STAY NEALTNY • ENJOY LIFE Walk on S11lwater Fundraiser Stillwater Area Chapter Contribution Record Form I am a (circle one) Team Captain / Team Member / Individual Fundraiser Team Name Team Captain Name Team Captain Phone Number My Goal is $ Team Goal $ My Name Home Address City, State, Zip Code Phone (Work /Home /Cell) Email Address Directions: 1. Use this form to record all contributions with all entries in black or blue ink please. 2. Make checks payable to: "Let's Go Fishing" 3. For a credit card or PayPal donation: Fill out name & addresses, then circle online in the cash /online box and record the amount. To make the donation eo to: http: / /www.IAfws.com /chapter donate.php Choose the Stillwater Chanter in the pull down menu and follow the directions 4. Upon completion, by June 11th, mail this form and collected donations to LGF - Stillwater Area Chapter (address on back page) OR turn in at the Pancake Breakfast or the LGF Walk Party in Lowell Park on June 11t ✓ check column V to get information about volunteering on boat etc. Donor Name V Donor Address or Email Address Circle One Check # Donation Amount 1. Cash / Online 2. Cash / Online 3. Cash / Online 4. Cash / Online 5. Cash / Online 6. Cash / Online 7. Cash / Online 8. Cash / Online 9. Cash / Online 10. Cash / Online 11. Cash / Online 12. Cash / Online 13. Cash / Online 14. Cash / Online 15. Cash / Online 16. Cash / Online 17. Cash / Online 18. Cash / Online 19. Cash / Online 20. Cash / Online Total of Checks Enclosed I $ 1 Total Donations $ MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer 3`"" / 1 DATE: May 12, 2011 RE: 2011 Street Improvement Project Project 2011 -02 DISCUSSION Bids for the 2011 Street Improvement project were opened on Thursday, May 12, 2011. The City received two bids with the low bid submitted by Hardrives, Inc. The low bid was $1,529,352.70, which compares favorably to the engineer's estimate of $1,650,000. RECOMMENDATION It is recommended that the City accept the bids submitted for the 2011 Street Improvement Project, Project 2011 -02, and award the contract to Hardrives, Inc. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2011- ACCEPTING BID AND AWARDING THE CONTRACT FOR 2011 STREET IMPROVEMENT PROJECT. ACCEPTING BID AND AWARDING CONTRACT FOR 2011 STREET IMPROVEMENT PROJECT (Project 2011 -02) WHEREAS, pursuant to an advertisement for bids for the 2011 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Hardrives, Inc., Rogers, Minnesota $1,529,352.00 Miller Excavating, Inc., Stillwater, Minnesota $1,579,282.00 ENGINEER'S ESTIMATE $1,650,000.00 and WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. of Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 17th day of May 2011. Ken Harycki, Mayor ATTEST Diane F: Ward, City Clerk Memo Community Development Department To: City Council From: Michel Pogge, City PlannerdG Date: Friday, May 13, 2011 Re: Elevator Service Contracts Message: The elevator at the municipal parking ramp is now outside its one -year warranty. To comply with State Law we need to have a yearly safety inspection completed and have a company available that can complete service calls on an as needed basis. Staff took this opportunity to review all of the City's elevator service contracts with the goal of consolidate all of our existing contracts with one vendor with a uniform contract ending date. Excluding the library, the City has a total of three elevators. Currently the City has a contract with Otis Elevator for the City Hall elevator that ends on February 1, 2013 with an annual contract price of $5,410.00 per year. Currently there is no service contract in place for the Parking Ramp and Public Works elevators. Staff sent out a request for services and received three responses. The bids to service all three elevators from May 17, 2011 to July 1, 2014 were as follows: KONE Elevator Minnesota Elevator Inc. (MEI) OTIS Elevator $ 12,525.00 $ 12,875.00 $ 13,125.00 If the City selects KONE Elevator or MEI, we still need to honor the OTIS Elevator contract to service the City Hall elevator until February 1, 2013. In their bid, OTIS Elevator stated that if the City selects them then they would cancel the current City Hall service contract (which costs the City $5,410 per year) and immediately go to the new contract price of $1,440 per year. Additionally, since we prepaid for all of 2011, OTIS will also credit our account $ 3,381.25 for the remaining portion we prepaid under the old contract. Taking this into account OTIS Elevator is the overall low bid. Recommendation That the City enters into a contract with Otis Elevator to service elevators located at City Hall, the Parking Ramp, and Public Works. From the desk of... Michel Pogge, AICP • City Planner - City of Stillwater • 216 N. 4'h Street -Stillwater, MN 55082 651.430 -8822 -Fax: 651.430 -8810 email: mpogge @ci.stillwater.mn.us RESOLUTION NO. 2011- A RESOLUTION APPROVAL OF A CONTRACT WITH OTIS ELEVATOR COMPANY TO SERVICE CITY OF STILLWATER ELEVATORS BE IT RESOLVED by the City Council of Stillwater, MN that the contract with OTIS Elevator Company to provide annual safety check and maintenance on the elevators in the Stillwater City Hall, Stillwater Public Work and the Stillwater Municipal Parking Ramp, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk sign said agreement. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of May, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk OTIS DATE: 05/02/2011 TO: FROM: Stillwater Public Works Otis Elevator Company Stillwater Public Works 2784 'Cleveland Ave 3325 Boutwell Road Roseville, MN 55113 Stillwater, MN 55082 EQUIPMENT LOCATION: City of Stillwater City of Stillwater Stillwater, MN 55082 PROPOSAL NUMBER: 050211C EQUIPMENT DESCRIPTION: Jason Hess Phone: (651) 697 -7818 Fax:(651) 631 -4982 Number of Manufacturer Equipment Machine Numbers Units Type 1 Schindler Hydraulic F16912 OTIS SERVICE We propose to furnish Otis Service on the equipment ("Units ") described above. Otis Service is preventive maintenance service designed to extend equipment life. OTIS MAINTENANCE MANAGEMENT SYSTEM We will use the Otis Maintenance Management System' preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS® standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The- maintenance will include inspection, lubrication, and minor adjustment of the following parts: • Controllers, selectors and dispatching equipment, relays, solid -state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. • Motors, motor generators, motor windings, rotating elements, commutators, brushes, brush holders, and bearings. • Governors, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, Q OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Fonn MNT -OS (01/26/09) Proposal #: 050211 C Page 1 of 7 car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. • Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. In addition, if conditions or usage warrant, we will repair or replace the following parts: • Motor brushes, operating- switch and relay components, plug -in relays, special lamps for car and hall fixtures, special lamps for emergency car lighting, and fuses (except main line disconnect). This Contract includes emergency minor adjustment callback services during our regular working hours. EXCLUSIONS Services, repairs and/or parts not listed above are specifically excluded. This Contract does not cover inspection, lubrication, adjustment or cleaning that requires disassembly. If you later request any of these services, you agree to pay extra at our regular billing rates. RELIABILITY PARTS INVENTORY We will during the term of this Contract maintain, either in the elevator machine room or as part of our examiner's mobile inventory, a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any parts replaced under this Contract will be with new parts manufactured or selected by Otis or with parts refurbished to Otis standards. Replacement parts stored in the machine room remain our property until installed in the Units. We will furnish replacement parts in exchange for the parts replaced. We further agree to maintain a supply of routine replacement parts in our local parts warehouse inventory and /or the Otis Service Center, available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24 -HOUR DISPATCHING We will, at your request, provide you with access to e *Service via Otis.com and our OTISLINE® 24 -hour, year -round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on e *Service or thru an OTISLINE® customer service representative, who will, at your request, dispatch an examiner to perform emergency minor adjustment callback service. COMMUNICATION CUSTOMER REPRESENTATIVE An Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of code authorities, proper use and care of the Units, and the OMMS® program. REPORTS — e *SERVICE We will use the OMMS® program to plan and record completion of maintenance procedures. We will, at your request, provide you access to e *Service via Otis.com. You will be able to access repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use e *Service. SAFETY AND ENVIRONMENT SAFETY TESTS — TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units and conduct an annual no load test. Code requires a full load, full speed test of safety mechanisms, overspeed governors, and car buffers and counterweight buffers at each fifth year. This test is not included in the Contract. You agree to conduct and pass a five year, full load test on the Units and that this is a material duty. You agree to keep a record of such test and to provide this record to Otis. SAFETY TESTS — HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. FIREFIGHTERS' SERVICE TEST 0 m ' q d 0 iC OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OS (01/26/09) Proposal #: 05021 I C Page 2 of 7 If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance and functioning of the smoke and /or heat detectors. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24 -hour OTISLINE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and /or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM — 4:30 PM. Regular working days: Monday — Friday excluding holidays. OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. 0 A1:13 I OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Fomi MNT -OS (01/26/09) Proposal #: 05021 I C Page 3 of 7 OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON -OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein, (ii) to make any replacements with parts of a different design or type, (iii) to make any changes in the existing design of the Units, (iv) to alter, update, modernize or install new attachments to any Units, whether or not recommended or directed by insurance companies or by governmental authorities, (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to make any replacements, renewals, or repairs necessitated by any obsolete or discontinued part of the Unit(s) or by reason of any cause beyond our control (except ordinary wear and tear) including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We shall indemnify and hold you harmless from damages or losses sustained by you due solely to personal injury or property damage occurring during the performance of the Work and only to the extent directly caused by our negligence or the negligence of our employees, agents or subcontractors. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3 -prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24 -hour OTISLINE °service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OS (01/26/09) Proposal #: 05021 I C Page 4 01=7 You will provide written notice within twenty -four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Contract Term The term of this contract shall be for three (3) years, effective on 05/17/2011 until 07 /01/2014. The contract shall continue thereafter month to month until terminated. Either party may terminate the agreement at the end of the initial service contract at any time by giving the other party ninety (90) days prior written notice. TG•:S etch '4ef e'ct- 1cIf(S c T / C L oZ c 9 , 464feei.Q Ce• Fe -+-tee e.— z 3, / i 9 ? x -- �. jc _---_. CONTRACT PRICE AND TERM k CONTRACT PRICE Eighty dollars ($80.00) per month, payable annually PRICE ADJUSTMENT The Contract Price will be adjusted annually to reflect increases or decreases in the labor cost. The original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost for the price adjustment month compared with such straight time hourly labor cost on 01/01/2011 which was $70.079. The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 05/17/2011. T In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Payments will be made on a annual basis, due on or before the last day of the month prior to the billing period, beginning on the Commencement Date. The method of payment will be by check. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one -half percent (1.5 %) per month, or the highest legally permitted rate. whichever is less, on any balance past due for more than thirty (30) days. together with all costs (including, but not limited to, attorneys' fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 0 1 OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OS (01/26/09) Proposal #: 05021 1 C Page 5of7 0 .121, OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OS (01/26/00) Propos:al#r: 051021 1 C I'uec6ot7 ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Jason Hess Title: Service Account Representative Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Print Name: Chad Wiese Title: Title: General Manager E -mail: Name of Company: ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent: (Name of Principal or Owner) © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OS (01/26/09) Proposal #: 050211C Page 7of7 OTIS DATE: 05/02/2011 TO: FROM: City of Stillwater Otis Elevator Company City of Stillwater 2784 Cleveland Ave 216 North 4th Street Roseville, MN 55113 Stillwater, MN 55082 EQUIPMENT LOCATION: City of Stillwater City of Stillwater Stillwater, MN 55082 PROPOSAL NUMBER: 050211A EQUIPMENT DESCRIPTION: Jason Hess Phone: (651) 697 -7818 Fax:(651) 631 -4982 Number of Manufacturer Equipment Machine Numbers Units Type 1 Otis Elevator Company Hydraulic 433046 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment ( "Units ") described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System' preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS® standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, adjustment, and, if conditions or usage warrant, repair or replacement of the following parts: • Controller parts, selectors and dispatching equipment, relays, solid -state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. • Motors, motor generators, motor windings, rotating elements, commutators, brushes, brush holders, and bearings. . C0 OTIS ELEVATOR COMPANY, 2010 All Righls Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 IA Page 1 of 7 • Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. • Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. • Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. • Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. In addition, we will replace all wire ropes or coated steel belts as often as necessary to maintain an appropriate factor of safety. As conditions, usage, or Code warrants, we will equalize the tension on hoisting ropes, resocket ropes for drum machines, and repair or replace conductor cables and hoistway and machine -room elevator wiring. RELIABILITY PARTS INVENTORY We will during the term of this Contract maintain, either in the elevator machine room or as part of our examiner's mobile inventory, a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any parts replaced under this Contract will be with new parts manufactured or selected by Otis or with parts refurbished to Otis standards. Replacement parts stored in the machine room remain our property until installed in the Units. We will furnish replacement parts in exchange for the parts replaced. We further agree to maintain a supply of routine replacement parts in our local parts warehouse inventory and/or the Otis Service Center, available for express delivery in case of emergencies. MAJOR COMPONENT INVENTORY We will maintain a supply of genuine Otis major components available for emergency replacement in our warehouse inventory. This inventory includes, but is not limited to, generator rotating elements, motor rotating elements, brake magnets, solid -state components, selector tapes, and door operator motors. Major components will be in our warehouse inventory or available from facilities located throughout North America. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24 -HOUR DISPATCHING We will, at your request, provide you with access to e *Service via Otis.com and our OTISLINE® 24 -hour, year -round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on e *Service or through an OTISLINE® customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an American with Disabilities Act ( "ADA ") call outside of regular working hours, Otis shall make at least one attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to timely reach a building representative, Otis shall respond to the ADA call as an authorized callback outside of regular working hours. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS® program. There is no additional charge for this consulting service. but by making this service available to you, Otis does not assumes any duty to warn. REPORTS — e *SERVICE We will use the OMMS® program to record completion of maintenance procedures. We will, at your request, provide you access to e *Service via Otis.com. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use e *Service. SAFETY AND ENVIRONMENT 0 V+ m z 0 m V) e OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal#: 05021 I A Page 2of7 SAFETY TESTS — TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for factor of safety using a method approved by the manufacturer. SAFETY TESTS — HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. SAFETY TESTS - ROPED HYDRAULIC ELEVATORS We will periodically examine safety devices and governors of the Unit. We will conduct an annual no load test, annual pressure relief valve test, and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car buffers. If required, the governor will be recalibrated and sealed for proper tripping speed. FIREFIGHTERS' SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance and functioning of the smoke and /or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable; the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and /or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM — 4:30 PM. Regular working days: Monday — Friday excluding holidays. OVERTIME On Callbacks outside of regular working hours, Otis will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with cun-ent wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this 0 => z m z 2 0 m © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 050211A Page 3 of 7 Contract remain our property, solely for the use of Otis. employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON -OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non -Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein, (ii) to make any replacements with parts of a different design or type, (iii) to make any changes in the existing design of the Units, (iv) to alter, update, modernize or install new attachments to any Units, whether or not recommended or directed by insurance companies or by governmental authorities, (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to make any replacements, renewals, or repairs necessitated by any obsolete or discontinued part of the Unit(s) or by reason of any cause beyond our control (except ordinary wear and tear) including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We shall indemnify and hold you harmless from damages or losses sustained by you due solely to personal injury or property damage occurring during the performance of the Work and only to the extent directly caused by our negligence or the negligence of our employees, agents or subcontractors. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. 0 0) m z 0 m e H 413 J a1.enn II ,(1 OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 I A Page 4of7 Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3 -prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24 -hour OTISLINE ®service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty -four hours after occurrence of any accident in or about the elevator (s) and /or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Contract Term The term of this contract shall be for three (3) years, effective on 05/17/2011 until 07/01/2014. The contract shall continue thereafter month to month until terminated. Either party may terminate the agreement at the end of the initial service contract at any time by giving the other party ninety (90) days prior written notice. 711 s t o" lf,- c+ r GA- ri f e l S 0-7-15 _ 0 204 4 66,.f C«. eP' — her a 3/g. y 9 X X .—_. X CONTRACT PRICE AND TERM CONTRACT PRICE One hundred twenty dollars ( $120.00) per month, payable annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under Otis' contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs. A. Material Twelve dollars ( $12.00 ) of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of "Producer Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the index on 03/01/2011 which was 225.200. B. Labor One hundred eight dollars ( $108.00 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2011 which was 70.079. The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 05/17/2011. €ef an additional three (3) year torm 0 2 m 2 2 0 m rh rf 2 s OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 050211 A Page 5 of 7 u days prior to the end of the thon current three (3) year term. EXTENDED TERM The Term of this Contract will be extended as selected below, and we will apply the corresponding discount to the net billing amount. Extended Extended Term Contract Term Discount Selection Initial Ten (10) Years 3% ❑ Fifteen (15) Years 5% ❑ Twenty (20) Years 7% ❑ In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the Extended Contract Term for successive periods equal to the initial Extended Contract Term. Either party may terminate the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by giving the other party at least ninety (90) days written notice prior to the end of the then current Term. At the end of the initial Extended Contract Term, or at the end of any subsequent Extended Contract Term, you may elect to have the subsequent terms reduced to five (5) year periods by giving us at least ninety (90) days written notice prior to the end of the then current Term. If such notice is given, the Extended Term Discount will be discontinued upon the subsequent automatic renewal date of this agreement. In the event the contract is terminated for any reason prior to the expiration date of the selected Extended Term or any subsequent Extended Term, you agree to pay us the amount of the full Extended Term Discount you received during the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or remedies we may have. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. The method of payment will be by check. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one -half percent (1.5 %) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, attorneys' fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 0 ( 2 m z 2 0 m ' �� _ I14I � © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal 050211A Page 6 of 7 ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Jason Hess Title: Service Account Representative Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Print Name: Chad Wiese Title: Title: General Manager E -mail: Name of Company: ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent: (Name of Principal or Owner) 0 rn z z 0 rn ria 2 © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/0$) Proposal #: 050211A Page 7 01'7 OTIS DATE: 05/02/2011 TO: FROM: City of Stillwawter Otis Elevator Company Stillwater Parking Ramping 2784 Cleveland Ave 200 Second Street North Roseville, MN 55113 Stillwater, MN 55082 EQUIPMENT LOCATION: City of Stillwater City of Stillwater Stillwater, MN 55082 PROPOSAL NUMBER: 050211D EQUIPMENT DESCRIPTION: Jason Hess Phone: (651) 697 -7818 Fax:(651) 631-4982 Number of Manufacturer Equipment Machine Numbers Units Type 1 Schindler Hydraulic F16911 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment ( "Units ") described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System" preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS® standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, adjustment, and, if conditions or usage warrant, repair or replacement of the following parts: • Controller parts, selectors and dispatching equipment, relays, solid -state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. • Motors, motor generators, motor windings, rotating elements, commutators, brushes, brush holders, and bearings. 0 2 rn 2 2 0 rn ir. Li! JI „ JO]. OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 1 D Page 1 of 7 • Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. • Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. • Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. • Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. In addition, we will replace all wire ropes or coated steel belts as often as necessary to maintain an appropriate factor of safety. As conditions, usage, or Code warrants, we will equalize the tension on hoisting ropes, resocket ropes for drum machines, and repair or replace conductor cables and hoistway and machine -room elevator wiring. RELIABILITY PARTS INVENTORY We will during the term of this Contract maintain, either in the elevator machine room or as part of our examiner's mobile inventory, a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any parts replaced under this Contract will be with new parts manufactured or selected by Otis or with parts refurbished to Otis standards. Replacement parts stored in the machine room remain our property until installed in the Units. We will furnish replacement parts in exchange for the parts replaced. We further agree to maintain a supply of routine replacement parts in our local parts warehouse inventory and /or the Otis Service Center, available for express delivery in case of emergencies. MAJOR COMPONENT INVENTORY We will maintain a supply of genuine Otis major components available for emergency replacement in our warehouse inventory. This inventory includes, but is not limited to, generator rotating elements, motor rotating elements, brake magnets, solid -state components, selector tapes, and door operator motors. Major components will be in our warehouse inventory or available from facilities located throughout North America. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24 -HOUR DISPATCHING We will, at your request, provide you with access to e *Service via Otis.com and our OTISLINE® 24 -hour, year -round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on e *Service or through an OTISLINE® customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an American with Disabilities Act ( "ADA ") call outside of regular working hours, Otis shall make at least one attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to timely reach a building representative, Otis shall respond to the ADA call as an authorized callback outside of regular working hours. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS® program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assumes any duty to warn. REPORTS — e*SERVICE We will use the OMMS® program to record completion of maintenance procedures. We will, at your request, provide you access to e *Service via Otis.com. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use e *Service. SAFETY AND ENVIRONMENT LL! OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 I D Page 2 of 7 SAFETY TESTS — TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for factor of safety using a method approved by the manufacturer. SAFETY TESTS - HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. SAFETY TESTS - ROPED HYDRAULIC ELEVATORS We will periodically examine safety devices and governors of the Unit. We will conduct an annual no load test, annual pressure relief valve test, and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car buffers. If required, the governor will be recalibrated and sealed for proper tripping speed. FIREFIGHTERS' SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance and functioning of the smoke and /or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and /or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM — 4:30 PM. Regular working days: Monday — Friday excluding holidays. •—eVERTIME' x x , x Ca11bu..6 vukidc of i.,gula wuikiiig Leers ,vill be billcd at 3t ndard v rtim rat OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property. solely for the use of Otis employees. Such service equipment is not considered a part of the 0 VI J -1 m m OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 I D Page 3 of 7 Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON -OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non -Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein, (ii) to make any replacements with parts of a different design or type, (iii) to make any changes in the existing design of the Units, (iv) to alter, update, modernize or install new attachments to any Units, whether or not recommended or directed by insurance companies or by governmental authorities, (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to make any replacements, renewals, or repairs necessitated by any obsolete or discontinued part of the Unit(s) or by reason of any cause beyond our control (except ordinary wear and tear) including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or decay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We shall indemnify and hold you harmless from damages or losses sustained by you due solely to personal injury or property damage occurring during the performance of the Work and only to the extent directly caused by our negligence or the negligence of our employees, agents or subcontractors. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the fill value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any 0 —1 2 rn z 2 0 rn • G ., • U1 IC . Ja;.eM © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 I D Page 4 of 7 indirect, special or consequential damages of any kind. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3 -prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24 -hour OTISLINE ®service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and /or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Contract Term The term of this contract shall be for three (3) years, effective on 05/17/2011 until 07/01/2014. The contract shall continue thereafter month to month until terminated. Either party may terminate the agreement at the end of the initial service contract at any time by giving the other party ninety (90) days prior written notice. enT(S c.cs.- .^f'ro-c-+ Overtime Repairs A A Overtime repairs are included as part of the Contract. C L- Dom- ® 94. .4.- e .Q She-^ 6 er Z 3 /9” CONTRACT PRICE AND TERM x k g ---- -. CONTRACT PRICE One hundred fifty dollars ( $150.00) per month, payable annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under Otis' contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs. A. Material Fifteen dollars ( $15.00 ) of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of "Producer Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the index on 03/01/2011 which was 225.200. B. Labor One hundred thirty -five dollars ( $135.00 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2011 which was 70.079. The phrase "straight time hourly labor cost" means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 05/17/2011. 0 cn z rn z z C m 3 © OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 05021 ID Page 5 of 7 EXTENDED TERM The Term of this Contract will be extended as selected below, and we will apply the corresponding discount to the net billing amount. Extended Extended Term Contract Term Discount Selection Initial Ten (10) Years 3% ❑ Fifteen (15) Years - 5% ❑ Twenty (20) Years 7% ❑ In the event a customer chooses an extended term, the Contract will automatically renew at the expiration of the Extended Contract Terni for successive periods equal to the initial Extended Contract Term. Either party may terminate the Contract at the end of the initial Extended Contract Term or at the end of any subsequent Extended Contract Term by giving the other party at least ninety (90) days written notice prior to the end of the then current Term. At the end of the initial Extended Contract Term, or at the end of any subsequent Extended Contract Term, you may elect to have the subsequent terms reduced to five (5) year periods by giving us at least ninety (90) days written notice prior to the end of the then current Term. If such notice is given, the Extended Term Discount will be discontinued upon the subsequent automatic renewal date of this agreement. In the event the contract is terminated for any reason prior to the expiration date of the selected Extended Term or any subsequent Extended Term, you agree to pay us the amount of the full Extended Term Discount you received during the Extended Term or any subsequent Extended Term. This is in addition to and not in lieu of any other rights or remedies we may have. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. The method of payment will be by check. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one -half percent (1.5 %) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, attorneys' fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 0 VI z rn 2 0 rn r IILW t) 1 Iftii 3 * LG OT1S ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Fonn MNT -OM (09/19/08) Proposal #: 050211 D Page 6 of 7 ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Jason Hess Title: Service Account Representative Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Print Name: Chad Wiese Title: Title: General Manager E -mail: Name of Company: ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent: (Name of Principal or Owner) OTIS ELEVATOR COMPANY, 2010 All Rights Reserved LiNX Form MNT -OM (09/19/08) Proposal #: 050211 D Page 7 of 7 Memo DATE: May 11, 2011 TO: Mayor and Council FROM: Tom Ballis Deputy Fire Chief RE: Donation of equipment The Stillwater Fire Department received grant funding to purchase new dive tanks, regulators and hoses last fall. Through the purchase of this new equipment SFD has the opportunity to donate equipment no longer used by SFD to the Scandia Fire Department to compliment their dive team operations. Attached is a list of the equipment Scandia Fire Department is able to utilize to enhance their current equipment needs along with a bill of sale, indemnity and hold harmless agreement. Scandia Fire Department has reviewed the gear and is interested in this donation. This equipment will allow them to enhance their current operations and also the fire department dive team that SFD participates with. Attached: Bill of sale, indemnity and hold harmless agreement Exhibit A APPROVING DONATION OF EQUIPMENT TO SCANDIA FIRE DEPARTMENT, BILL OF SALE, INDEMNITY AND HOLD HARMLESS AGREEMENT WHEREAS, the Stillwater Fire Department received grant funding to purchase new dive tanks, regulators and hoses in the Fall of 2010; and WHEREAS, through the purchase of this new equipment Stillwater Fire Department (SFD) has the opportunity to donate equipment no longer used by the deparmtent to the Scandia Fire Department to compliment their dive team operations. BE IT RESOLVED, by the City Council of Stillwater, MN herby approves the donation of equipment to the Scandia Fire Department and the bill of sale and indemnity and hold harmless agreement is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 17t day of May, 2011 Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk BILL OF SALE, INDEMNITY AND HOLD HARMLESS AGREEMENT For the sum of One Dollar ($1.00) and other good and valuable consideration, the City of Stillwater ( "City "), contemporaneously with the execution of this Agreement, transfers, sells and conveys all right, title and interest in the property described in and attached to this Agreement as Exhibit "A ", to the City of Scandia, as Transferee. Examination. The City has given the Transferee the right to - inspect, audit and test the property for any and all problems or conditions and any and all violations of environmental laws and allow the Consultants access to the property at any time or times for the purposes of conducting evaluations or audits and to cooperate fully with the Transferee in any inspections of the property Indemnity. Transferee shall indemnify, defend and hold harmless the City and its successors, assigns and tenants from any and all damages, obligations, causes of action, claims, liability, costs and expenses (including attorneys' and experts' fees), resulting in any way from or in connection with the condition of the property, as well as the costs of any further investigation, remediation or response action required by any governmental authority, including, without limitation, and without limiting any other remedies available to the City, all costs and expenses incurred in connection with the actions described above and all costs of defending any private, regulatory or governmental action, including, without limitation, attorneys' and experts' fees and disbursements. No Warranties. The City makes no warranties or representations and the Transferee has not relied on any representations, express or imposed, relative to the condition of the property or any other matter relative to this Agreement other than those expressly stated herein. The Transferee hereby acknowledges that it has thoroughly inspected the property and is taking it in an "as is" condition. Dated: THE CITY OF SCANDIA: By: Its: SELLER: THE CITY OF STILLWATER By Ken Harycki Its: Mayor ATTEST: Diane F. Ward, City Clerk Exhibit A ITEM SERIAL NUMBER Regulator, SCUBA 1st stage 4500psi Oceanic "Balanced Piston" 9807210 9809127 9809001 9808302 9807111 9807031 Pony bracket "quick draw" P2005306 P2005298 P2005392 Drysuit inflator hose x 3 No serial numbers SPG consolew /pressure, depth and temp - Sherwood SCUBA No serial numbers BCD, Zeagle "911" Size M "Octo Z" hose Octo Z - 2003609 BCD, Zeagle "911" Size L "Octo Z" hose Octo Z - 2003610 BCD Zeagle "Tech" Size M "Octo Z" hose Octo Z - 2003598 Cylinder, SCUBA Aluminum, 63 cu ft Hydro 12/03 BJ007241 Cylinder, SCUBA Aluminum, 63 cu ft Hydro 10/03 BJ007215 Cylinder, SCUBA Aluminum, 63 cu ft Hydro 7/07 BJ007767 Cylinder, SCUBA Aluminum 19 cu ft Hydro 11/03 CB002146 Cylinder, SCUBA Aluminum 19 cu ft Hydro 12/03 CB002147 Cylinder, SCUBA Aluminum 19 cu ft Hydro 10/03 C8002139 FYI Nancy Manos From: Diane Ward Sent: Friday, May 06, 2011 12:44 PM To: Nancy Manos Subject: Fw: Public Input Form (form) has been filled out on your site. Please print and put with mayors mail Original Message From: Please Do Not Click Reply To: dwardOaci.stillwater.mn.us Subject: Public Input Form (form) has been filled out on your site. Sent: May 6, 2011 11:23 AM Your Site has received new information through an online form. Online Form: Public Input Form Site URL: www.ci.stillwater.mn.us Subject: New bridge First Name: Fred Last Name: Ranum Address: 622 E 5th St New Richmond,Wi. Zip Code: 54017 Email: franum0frontiernet.net Comments: Thank You to mayor Ken Harycki for your presentation at the subcommittee meeting recently in Washington DC. Hopefully your presentation will make a favorable impact on all those attending. I was born and raised in St.Paul, I have a brother living in Maplewood and a daughter living in White Bear Lake. I was invited to my granddaughters school yesterday for grandparents day and my daughter finished her invite by asking,'please Dad, don't go over the Stillwater bridge!' How sad, to have family across the river but an old and unsafe bridge to cross. Thanks again, Fred Ranum Do Not Click Reply - This e-mail has been generated from an online form. Sent from my Verizon Wireless BlackBerry 1 Washington � BOARD AGENDA MAY 17, 2011 -9:00 A.M. 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 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundan; repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Health and Environment — Lowell Johnson, Director Update on the Work of the Chemical Health Action Collaborative 5. 9:20 General Administration — Jim Schug, County Administrator Legislative Update 6. 9:30 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:00 Recess 9. 10:15 — 10:45 — Workshop with Public Health and Environment Revisions to the County Hazardous Waste Management Ordinance 10. 10:45 — 11:45 — Executive (Closed) Session - Annual Performance Review of County Administrator 11. 11:45 Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING MAY 31— 5TH TUESDAY MEETING NOTICES ** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location May 16 Law Enforcement Memorial 12:00 p.m. Historic Courthouse, 101 W. Pine - Stillwater May 16 MN Extension Committee 5:00 p.m. Washington County Government Center May 17 Housing & Redevelopment Authority Board 3:30 p.m. 1584 Hadley Avenue North — Oakdale May 18 Workforce Investment Board 8:30 a.m. Vanelli's — 55 South Lake Street — Forest Lake May 18 Counties Transit Improvement Board 8:30 a.m. 90 West Plato Blvd — St. Paul May 18 Metro Transportation Advisory Board Program & Advisory Board 12:00 p.m. 390 Robert Street North — St. Paul May 19 Metro Area Agency on Aging, Inc. 9:30 a.m. 2365 McKnight Road — North St. Paul May 19 Rush Line Corridor Task Force 3:30 p.m. White Bear Lake City Hall May 19 Public Health Emergency Preparedness 5:30 p.m. Washington County Government Center May 19 Community Action Program - Ramsey and Washington Counties 6:00 p.m. 450 Syndicate Street North — St. Paul May 19 Parks and Open Space Commission 7:00 p.m. 101 West Pine Street - Stillwater Assistive listening devices are available for use in the County Board Room 11 ,,,,, .....t a�r;<mn,•. ,1,,. to .lk hilty ..c, air Aga narr+.r_.doas...aa sari eon anon EQUAL EMPLOYMENT OPPORTUNITY / AFFIRP'ATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 17, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the May 3, 2011 County Board Minutes. B. Approval to appoint John Miller, Forest Lake, to the Community Corrections Advisory Board, to fill an unexpired term to December 31, 2011. C. Approval to appoint Pamela Johnson, Human Services, Inc. to the Mental Health Advisory Council as a family support services representative to a first term expiring December 31, 2013. D. Approval to appoint Mary Ann Newman, Newport, to the Public Health Emergency Preparedness Advisory Committee to a first term expiring December 31, 2011. E. Approval to reappoint Richard Adams, Grey Cloud Island, to the Board of Adjustment and Appeals to a fourth term expiring December 31, 2013. F. Approval to appoint Joseph Moore, Denmark Township, to the Parks and Open Space Commission to a first term expiring December 31, 2013. Community Services G. Approval of Amendment Number Two to the agreement with Dakota County's Workforce Center to provide dislocated worker services to individuals laid off due to the Delta/Northwest Airline merger. Public Health and Environment H. Approval of an agreement with the Emergency Communication Network, Inc. for a CodeRed Services Agreement to provide an emergency telephone notification system for Washington County. Public Works I. Adoption of resolution awarding bid for the provision and application of crack sealant on various county roads to Asphalt Surface Technologies Corporation, a/k/a/ ASTECH Corporation, the lowest responsible bidder, in the amount of $148,832. J. Approval of relocation agreement with Xcel Energy for the reimbursement of relocation cost of an electrical transmission line owned and operated by Xcel Energy within an easement and within the project limits of the County State Aid Highway 2 (Broadway Avenue) project in the City of Forest Lake. K. Adoption of resolution to enter in Amendment #4 to the lease with SouthMetro Centers V, LLC for 927 square feet of additional space at the Valley Ridge Plaza for Washington County's Stillwater License Center. L. Approval of joint powers agreement with Century College, and the City of Mahtomedi, for Century Avenue traffic study funding. Sheriff' s Office M. Adoption of resolution recognizing Law Enforcement Memorial Week in Washington County. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Washington tY BOARD AGENDA MAY 10, 2011- 9:00 A.M. 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 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. The chair may also limit the number of individual presentations to accommodate the scheduled agenda items. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 General Administration - Jim Schug, County Administrator A. Memorandum of Understanding with Anoka, Carver, Dakota, Hennepin, Olmsted, Ramsey and Scott Counties to Create Efficiencies and Cost Savings B. Legislative Update 5. 9:25 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 adion during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:55 Executive (Closed) Session with Office of Administration Discuss Possible Purchase of Conservation Easement on the Armstrong Property in Lake Elmo Through the Land and Water Legacy Program 8. 10:15 Adjourn 9. 10:15 to 11:00 - Board Workshop with the Office of Administration Discuss the 2012 Budget Development * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING MAY 31 — 5TH TUESDAY MEETING NOTICES ** (* *Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location May 10 Mental Health Advisory Committee 4:00 p.m. Washington County Government Center May 11 Metro Emergency Services Board 10:30 a.m. 2099 University Avenue — St. Paul May 11 Metropolitan Library Service Agency 12:00 p.m. 100 Empire Drive — St. Paul May 11 Minnesota Inter -County Association 2:00 p.m. Kelly Inn, Sibley Room, 2nd Floor — St. Paul May 12 Metro Transportation Advisory Board Policy Committee 12:30 p.m. 390 Robert Street North — St. Paul May 12 Gateway Corridor Commission 3:30 p.m. 8301 Valley Creek Road — Woodbury City Hall May 13 Association of MN Counties Board of Directors Regular Meeting 10:00 a.m. 125 Charles Avenue — St. Paul Assistive listening devices are available for use in the County Board Room 11 ■n„ ..cad aec;era.,na , *,a n, mngnngo_Aaaitaar. ;RF t; a zas0120. EQUAL EMPLOYMENT OPPORTJNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 10, 2011 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the April 26, 2011 County Board Minutes. B. Approval to appoint Lydia Engle, Lakeland, to the Mental Health Advisory Council as a former consumer representative to a first term expiring December 31, 2013. Public Works C. Approval of resolution, participate in the Minnesota Snowmobile Trail Assistance Program for the Star Trail Association. D. Approval to submit a grant application to the National Trust for Historic Preservation for up to $125,000 in funding for Historic Courthouse preservation projects. E. Approval to enter into a contract with Bailey Construction to complete sidewalk repairs at the Headwaters Service Center. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Summary of Proceedings Washington County Board of Commissioners May 3, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — reported on the Minnesota Association of Governments Investing for Counties meeting; and he attended a restorative justice program through the Community Action Program; Commissioner Lehrke — indicated that her Commissioner Report could be found on her Facebook address which is: www. facebook .com/commissionerlehrke; Commissioner Weik — reported she attended several committee hearings at the Capitol including Transportation Policy and Finance; and she testified, on behalf of the Solid Waste Management Coordinating Board, in support of the Electronic Device Recycling Requirements modification; she attended the Metropolitan Mosquito Control meeting; attended an evening event at Guardian Angels Church, a Faith Response to Homelessness in Washington County; she participated in the drug take back program last weekend; she attended the Ramsey /Washington Resource Recovery Project Board meeting; and she attended the Volunteer Appreciation Reception; Commissioner Kriesel — attended the Planning Advisory Commission and the Veterans Rest Camp Board meeting. Community Services Adoption of Resolution No. 2011 -059, 2011 Annual Action Plan for the Community Development Block Grant and HOME Investment Partnership Programs and authorizing submission of such grant request to the United States Department of Housing and Urban Development. General Administration Approval of the following actions: - April 19, 2011 County Board minutes; Resolution No. 2011 -060, support for Minnesota Accountable Government Innovation and Collaboration Act; Congressional committee hearing to be held on May 4 on the St. Croix River Crossing bill sponsored by Congresswoman Michele Bachmann; - Board correspondence was received and placed on file. Public Health and Environment Approval to appoint Mark Wackerfuss, Woodbury, to the Public Health Emergency Preparedness Advisory Committee as an Allied Health Professional Representative, to a first term expiring December 31, 2011. Public Works Approval of the following actions: - Contract with W.L. Hall Co., skylight system replacement at the Park Grove Library; Contract with Encompass Engineering Consultants, professional engineering services related to building exterior assessments and window replacements at various county facilities; Contract with HR Green Company for preliminary and final design services for County State Aid Highway 19 (Woodbury Drive) improvement project. Sheriff's Office Adoption of Resolution No. 2011 -058, joint powers agreement with the Minnesota Bureau of Criminal Apprehension for a Minnesota Internet Crimes Against Children Task Force. 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. Summary of Proceedings Washington County Board of Commissioners May 10, 2011 FYR Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Hegberg — reported on the foster care provider recognition event; he attended the Ramsey/Washington Community Action Program; he has received calls on watersheds and real estate taxes; and he announced that he is writing a letter to Ramsey County Board Chair Victoria Reinhardt in support of the Minnesota Vikings Stadium at the Arden Hills site and invited other Commissioners to join in that support; Commissioner Lehrke — reported she also attended the foster care appreciation dinner; she attended the High Speed Rail Commission meeting where they were awarded a grant for the Northern Lights Express; she toured the Cottage Grove Ravine Park, Point Douglas, St. Croix Bluffs Regional Park, and the Lake Elmo Regional Park; today she will observe court procedures with a county judge; she will attend a Mental Health Advisory Council this afternoon; on Friday she is touring and riding the North Star Commuter Rail; and on Saturday she will participate in a ride -along with the Sheriff's Office; Commissioner Weik — reported that she will attend the Law Enforcement Memorial next Monday at noon at the Historic Courthouse; she reported on activities at the Capitol including committee hearings on the Minnesota Accountability Government Innovation and Collaboration Act; legislative redistricting committee hearing; legislative auditor committee hearing; listened to the House floor debate on voter ID; sat in on hearings of the Senate Finance committee discussing Legacy Arts funding with a change in how libraries are funded; and she attended a luncheon at the History Center with legislative redesign as the topic; Commissioner Kriesel — thanked Commissioner Weik for attending hearings at the Capitol and speaking in support of the counties legislative agenda; he attended the Andersen Community Advisory Committee meeting; he attended the St. Croix Valley Prayer Breakfast; and he will be attending the Law Enforcement Memorial next Monday. Community Services Approval to appoint Lydia Engle, Lakeland, to the Mental Health Advisory Council, as a former consumer representative, to a first term expiring December 31, 2013. General Administration Approval of the following actions: April 26, 2011 County Board meeting minutes; Legislative update presented; Memorandum of understanding among Washington, Anoka, Carver, Dakota, Hennepin, Olmsted, Ramsey, and Scott counties to establish a collaboration process through which the administrators in member counties may identify and drive opportunities to create efficiencies and cost savings, beginning with information technology infrastructure and functionality; - County Administrator Jim Schug recognized on his recent Dr. Robert A. Barrett Award for Management Excellence from the Minnesota City /County Management Association; Executive Session held to discuss possible purchase of a conservation easement on the Armstrong Property in Lake Elmo through the Land and Water Legacy Program; - Board correspondence was received and placed on file; Board workshop held to discuss the 2012 budget development. Public Works Approval of the following actions: - Resolution No. 2011 -061, Minnesota Snowmobile Trails Association Program, Star Trail Association; Grant application to the National Trust for Historic Preservation for up to $125,000 in funding for the Historic Courthouse preservation projects; - Contract with Bailey Construction to complete sidewalk repairs at the Headwaters Service Center. 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 62nd Street N., Stillwater, Minnesota.