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HomeMy WebLinkAbout2011-06-21 CC Packet"Avater IN IIOTNILA CE Of WIN II EIS TA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street June 21, 2011 REGULAR MEETING 7:00 P.M. AGENDA 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of June 7, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Heritage Preservation Awards 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 4. Fire Chief 5. City Clerk 6. Community Dev. Director — Armory Charette; Effects of State shutdown 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator 11. CONSENT AGENDA (Roll Call) 12. Resolution 2011 -93, directing payment of bills 13. Resolution 2011 -94, approving Joint Powers Agreement for Internet Crimes Against Children (2011- 12) 14. Request for Capital Outlay Funds for Skidsteer replacement 15. Possible purchase of 15' area wide mower attachment for John Deere tractor 16. Resolution 2011 -95, approval of Service on a Shoestring contract (2011 -2014) 17. Possible approval of fireworks permit for Dollar Tree Store 18. Possible approval of temporary liquor license for Lumberjack Days PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. This is the date and time for public hearing to consider the 2011 Street Additional Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette June 10 & 17, 2011. (Resolution — Roll Call) UNFINISHED BUSINESS 20. Consider approving Downtown Facade Improvement Loans (Resolution — Roll Call) 21. Possible approval of agreement with St. Croix Boat & Packet (Lowell Inn) for parking ramp usage (Resolution — Roll Call) 22. City Hall air conditioner update 23. Possible settlement of insurance claim regarding Public Works Roof NEW BUSINESS 24. Possible approval of Summer Tuesdays Special Event & Contract (Resolution — Roll Call) 25. Possible approval of first reading of ordinance 1036 allowing brewers to sell on -sale (1S Reading — Roll Call) 26. Discussion on lease with St. Croix Boat & Packet on lease of Stillwater Barge property. 27. Possible approval of Housing Action Plan (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: June 21, 2011 RE: Impacts of State shutdown on Community Development Dept. Building Division a. State Building Codes Division would be closed i. State plan reviews would not be done 1. City staff does its own plan reviews on most buildings. But, cannot do them for "public" or state -owned buildings (includes hospitals, nursing homes, jails /prisons, and schools). 2. So for example, the ECFC building permit cannot be issued by the city until the state completes a plan review on it. The design consultants for the school have been informed of this by the city. ii. State electrical inspectors would be laid off 1. All electrical inspections in the city are performed by state inspectors. So, even though the city can issue a permit for the work, we cannot allow work to proceed past a framing inspection until a state electrical inspection is completed. 2. Even if the city had the available funds to contract for a state licensed electrical inspector (which we don't), the process necessary to recruit and enter into a contract with an inspector would take several months. The state would shut down long before then. iii. State plumbing division would be closed 1. All commercial plumbing plans have to be reviewed by the state. 2. The Health East Clinic could be impacted by this. They still do not have their plumbing plan approved by the state. Though, it they chose to, they could pay the state for an expedited review by the end of this week and get their plumbing plan review completed. Health East's contractors are aware of this option. iv. State elevator division would be closed 1. All projects with elevators would have construction delayed. 2. Planning Division a. The Metropolitan Council may be impacted to a degree. Met Council is technically a political subdivision of the State and not a State Agency. Therefore, like cities and counties the State does not set the budget for them and they will not have to shut down (unless ordered to by the Courts). b. The one potential exception is that the State does fund a portion of Metro Transit services. Therefore, if the State shutdown lasts a while and the non -state revenues are depleted, either fares would have to be raised dramatically or transit services would eventually have to be shut down. c. Just a note: the regional sewer system is privately funded, so if the state shuts down, there is no fear that we all have to stop flushing our toilets. wate THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: June 21, 2011 RE: Armory Update 1. The pre - design charette for the new armory building was conducted on June 7 -9, 2011. In attendance for the three day session were key members of the National Guard, the National Guard's design consultants for the charette, Mayor Harycki, Councilmember Roush, and City staff members. The purpose of the charette was to agree upon a preferred conceptual footprint and to create generalized budget information to help the City decide whether to pursue funding for community upgrades to the armory or not. a. Two footprints emerged from the charette with direction to the consultants to create a hybrid of the two. A follow -up meeting was held the afternoon of June 16 to discuss the results. b. Within the next several weeks the pre- design charette report will be completed. It will be presented to the City Council at the July 19, 2011 work session. 2. Based upon both a 2005 study for the City by Ankenny Kell Architects, and a Fire Station concept design by Bill Hickey, the City advocated planning enough space on the site to accommodate (though not necessarily build concurrently with the armory) a 16,500 square foot building pad for a multiple level fire station attached to the armory; an upgraded assembly hall /gymnasium', and a 20,000 square foot aquatic center. 3. By sharing spaces built for the National Guard, the Fire Department might be able to reduce the size of an attached Fire Station by as much as 6,000 square feet. That alone could save perhaps $1.2 million dollars in construction costs for the City. Other costs could be saved as well. The charette report will provide more information on these costs. 4. An aquatic center will not fit on the site. a. Five concepts with numerous iterations of each were considered. None were able to place an aquatic center either as an attached or a standalone facility on the property. 5. By September 15, 2011 the City must decide which upgrades (if any) it would like to fund for construction together with the armory in 2014. Essentially the questions that must be answered by that deadline include: a. Will the Fire Station be built concurrently with the armory? b. Will the assembly hall /gymnasium be constructed at 6,300 square feet, or will the City pay to have it built larger either concurrently with the armory or later? c. Though space on the property for additional upgrades is very limited, does the City want to pay for more classroom space? The National Guard would build a 6,300 square foot assembly hall. This would accommodate one full sized basketball court. The City would like to allow for an upgrade to about 14,000 square feet. The increase provides space for a second full sized basketball court and the increased assembly hall size would be better suited for gatherings such as wedding receptions, family reunions, graduation parties, etc. ate '14 - i I 11;4 TO1111TOf LACE Of ■IONE1111 AGENDA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street June 21, 2011 REGULAR MEETING 7:00 P.M. AGENDA 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of June 7, 2011 regular and recessed minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Heritage Preservation Awards 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 4. Fire Chief 5. City Clerk 6. Community Dev. Director— Armory Charette; Effects of State shutdown 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator CONSENT AGENDA (Roll Call) 11. Resolution 2011 -93, directing payment of bills 12. Resolution 2011 -94, approving Joint Powers Agreement for Internet Crimes Against Children (2011- 12) 13. Request for Capital Outlay Funds for Skidsteer replacement 14. Possible purchase of 15' area wide mower attachment for John Deere tractor PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 15. This is the date and time for public hearing to consider the 2011 Street Additional Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette June 10 & 17, 2011. (Resolution — Roll Call) UNFINISHED BUSINESS 16. Consider approving Downtown Facade Improvement Loans (Resolution — Roll Call) 17. Possible approval of agreement with St. Croix Boat & Packet (Lowell Inn) for parking ramp usage (Resolution — Roll Call) Available Tuesday. 18. City Hall air conditioner update NEW BUSINESS 19. Possible approval of Summer Tuesdays Special Event & Contract (Resolution — Roll Call) Available Tuesday 20. Possible approval of first reading of ordinance 1036 allowing brewers to sell on -sale (1S Reading — Roll Call) 21. Discussion on lease with St. Croix Boat & Packet on lease of Stillwater Barge property. 22. Possible approval of Housing Action Plan (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. y III " TOE g 111 Of MIOOE21T� CITY COUNCIL MINUTES June 7, 2011 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki Absent: None Staff present: City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward OTHER BUSINESS Presentation of Wellness Program Rose Holman, MIS, reviewed the request for a City wellness program. She informed the Council that the purpose of the program is to eventually reduce the medical insurance premiums that the City and employees pay for. She reminded Council that the initial wellness analysis was funded with a grant received from Washington County through the Statewide Health Improvement Program (SHIP). Working with a consultant from AdvantageHealth (a local wellness vendor), a Health Risk Assessment (HRA) and Health Needs and Interest Survey was implemented with the employees of the City. She stated that there were 57 employees who participated, and that the information from the assessment and survey results will help to develop a Wellness Program, a three year Wellness Plan, and two policies for the City. Kris Keykal, from AdvantageHealth, reviewed a presentation relating to the initial wellness analysis and the three year program. Mayor Harycki indicated that the budget for this program should be part of the budget process coming up in July and August. Ms. Holman stated that at this time she is requesting the adoption of the program, physical activity and nutrition policies, and that she would bring the proposed budget before Council during the budget process. Councilmember Roush felt that the policies were dictating what employees eat and that it should be guidelines instead of policies. Ms. Holman explained that the intent of the policies not to dictate, but rather that the City would have healthy alternative options at potlucks, etc. He also expressed concern about the morale of employees if some got rewarded with time off and others did not. Ms. Holman stated that the program is open to all employees to participate so they all have the opportunity to participate and earn the benefits of the wellness program. City Council Meeting June 7, 2011 Councilmembers Polehna and Cook stated that their employers provide this type of program. Councilmember Menikheim felt that this program was a good program and expressed an interest in participating. Motion by Mayor Harycki, seconded by Councilmember Cook, to adopt Resolution 2011 -89, approving City of Stillwater Wellness Program, however Ms. Holman will present budget information during the budget process. Ayes: Councilmembers Polehna, Cook, Menikheim and Mayor Harycki Nays: Councilmember Roush Pedestrian Walkway Restroom Follow -up Bill Hickey, Collaborative Design Group, provided Council with the latest rendering of the proposed restrooms as part of the Pedestrian Walkway project. It was Council consensus that they liked the design and preferred Option C and D of the Frieze and Masonry Options. STAFF REPORTS Police Chief Gannaway informed the Council of the proactive steps the department has been taking relating to burglaries in the City. He stated that officers are checking for locked doors on homes and vehicles and placing informational materials in the form of door hangers and flyers to remind residents to lock up their homes, garages and vehicles. He wanted to inform the residents what this information meant. Councilmember Cook asked what the police department is doing to apprehend the responsible parties, because this approach is putting the responsibility on the residents and this needs to be solved. Chief Gannaway responded that three people have been caught and that the department is tackling the problem because the perpetrators need to be held accountable. He also stated that this method will make fewer opportunities for the thieves. Fire Chief Glaser informed the Council that the Stillwater Marathon went well from the fire side. He also informed the Council on Fire Department activities that included a water rescue and fire in Stillwater Township that sustained injuries. He mentioned that in the Council's packet was information relating to the Bloomington Police Department's method of operation and budget. He also indicated that the department will be receiving the new truck next week, and he will be unable to attend the 7:00 p.m. meeting due to mandatory training. Community Development Director Turnblad indicated that Armory and staff are meeting today through Thursday, noon, discussing the Planning Programming Design Charette and the progress is moving well. Public Works Director Sanders reported that a meeting has been held with FEMA, and that up to 75% reimbursement of our expenses is hoped to be achieved. He also informed the Council that staff has a meeting scheduled with the Corps of Engineers on June 16th relating to the levee project. On a question from the Mayor, Mr. Sanders replied that if he didn't receive the minute notes from the Corps by next Thursday, he would contact them. Finance Director Harrison reviewed the proposed budget calendar. Page 2 of 9 City Council Meeting June 7, 2011 Motion by Councilmember Polehna, seconded by Councilmember Cook, to schedule the budget meetings on August 16, 2011, from 4:30 p.m. to 6:00 p.m., and August 23, 2011, from 4:30 p.m. to approximately 10:00 p.m., with August 30th being an alternative date. All in favor. Heritage Preservation Commission program priorities Chairperson Lieberman, and Commissioners Johnson, Tomten and Brach provided an overview of the commission's responsibilities for the City and the housing stock in the historic neighborhoods. They also provided information and proposed changes to the demolition ordinance, which at present only affects approximately eight properties in the City and asked Council for approval to proceed with the public process on changing the demolition ordinance. Motion by Councilmember Cook, seconded by Councilmember Roush, authorizing the public process for the proposed changes to the demolition ordinance. Mayor Harycki recessed the meeting at 7:03 p.m. for a 20 minute break. RECESSED MEETING Mayor Harycki called the meeting to order at 7:28 p.m. Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki Absent: None Staff present: City Attorney Magnuson Community Development Director Tumblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Possible approval of May 17 2011 regular meeting minutes and May 20 2011 special meeting minutes Councilmember Cook requested that the minutes clarify that she did not vote against the other items on the consent agenda, except the list of bills. She also asked if the May 20, 2011 minutes of the retreat in the packet are the extent of the minutes. City Clerk Ward informed the Council that the microphone on the portable recorder had malfunctioned, and that most of the discussions could not be heard, therefore Mr. Hansen prepared the minutes from his notes. Councilmember Cook felt that there was a lot of important discussion and asked that staff try to enhance to see if it is possible to hear it. Ms. Ward stated that she would have IT take a look at it. Page 3 of 9 City Council Meeting June 7, 2011 Councilmember Menikheim requested that the amount of the TIF money transferred to pay on the parking lot debt be indicated in the minutes, which was $1,000,000. City Clerk Ward informed the Council that a resolution was prepared that indicates the amount in the Mayor's signature file, and that the minutes will be corrected. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to approve the minutes as amended. All in favor. OPEN FORUM Dorothy Jackim, 1624 McKusick Lane, thanked the Council for the gravel that was placed around McKusick Lake. Council informed the resident that another resident donated the gravel to the City for that trail. CONSENT AGENDA 1. Resolution 2011 -87, directing payment of bills 2. Possible approval of temporary liquor license — St. Mary's Church — Wild Rice Festival - September 11, 2011 3. Resolution 2011 -88, delegating legal signing authority Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible annroval of 2nd the Stillwater Cit reading for Ordinance 1033, an Ordinance amending the Stillwater City Code an Ordinance amendiniz the Stillwater Citv Code Section 31-1. Subdivision 5 entitled Establishment of Districts: of Ordinance 1034, an Code by creating a Park, Recreation or Open Space (PROS) Zoning District Community Development Director Turnblad confirmed that the ordinances as presented had no changes from the 1 st reading. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Ordinance 1032, an Ordinance amending the Stillwater City Code Section 31 -1, Subdivision 5 entitled Establishment of Districts; Ordinance 1033, an Ordinance amending the Stillwater City Code an Ordinance amending the Stillwater City Code Section 31 -1, Subdivision 5 entitled Establishment of Districts; and Ordinance 1034, an Ordinance amending the Stillwater City Code by creating a Park, Recreation or Open Space (PROS) Zoning District. Page 4 of 9 City Council Meeting June 7, 2011 Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki Nays: None Possible approval of 2nd reading of Ordinance 1035 an ordinance prohibiting fishing from the Interstate Bridge Councilmember Cook expressed that she had received feedback on this ordinance, and that she contacted the head of the Water Patrol for the Washington County Sheriff to gauge the amount of concern. The Sheriff responded that he had not received any complaints in his career. Councilmember Cook stated that she has had a change of heart, because she observed a father and son walking on the bridge to fish. Mayor Harycki felt that this was an accident waiting to happen with the amount of boat traffic going under the bridge. Councilmember Polehna suggested that the ordinance should not be passed to accommodate one person and that the City doesn't own the bridge. City Attorney Magnuson explained that the original charter describes that the City's boundaries extend to the Wisconsin shore. He indicated that Council was within its rights to pass this ordinance. Councilmember Menikheim also had a change of heart by the image of a father and son fishing from the bridge, and felt that boaters should be aware of what is ahead of them. He added that the Council should not legislate against something that it is not a problem. Motion by Mayor Harycki to adopt Ordinance 1035, an ordinance prohibiting fishing from the Interstate Bridge. Motion died for a lack of second. NEW BUSINESS Possible approval of Stillwater Trolley annual parking permit Community Development Director reviewed the annual parking permit history of the Stillwater Trolley. He informed the Council that the Downtown Parking Commission reviewed the request and recommended that the fee be increased to the same rate to be charged to the Trolley Tours LLC, which is $645 for one space. Stillwater Trolley uses two spaces therefore the rate would be $1,290. Councilmember Menikheim felt that because Mr. Raleigh has over 22 years of dedicated and good service to the community, and that anyone that reaches 22 years of business in the City, deserved a similar discount. The rest of the Council felt this would be opening a can of worms and that setting a precedent would not be in the best interest of the City, as it would show favoritism to a particular business. On a question from Councilmember Polehna, Community Development Director Turnblad reviewed the history of the ticket booth and its placement on public land, indicating that originally it was on private land, but when the railroad tracks were sold to the City it became public. Councilmember Polehna asked if the City will have to find a new location for the ticket booth when the Gateway Trail proceeds. City Attorney Magnuson explained that if the Gateway Trail proceeds and the City needs the property back, Stillwater Trolley will have to find a new Page 5 of 9 City Council Meeting June 7, 2011 location, because no matter how long public property is used, adverse rights would never be gained. The City would not be responsible for finding another location for the for the Trolley booth. Motion by Councilmember Cook, seconded by Councilmember Roush to approve the parking space use by Stillwater Trolley in the amount of $1,290.00 for 2011. Motion passed 4 -1 ( Menikheim against). Possible approval of Fire Muster Special Event and contract City Clerk Ward reviewed the special event of the Fire Muster Special Event. She informed the Council of the contract, Downtown Parking Commission recommendation for parking spaces, and use of City Services. She stated that the event applicant was not certain on the number of vendors, and in that case, the applicant would be charged after the event for actual use of outlets or City materials. Mr. Rick Wente reviewed the proposed event, however he didn't know if the event would take place on June 26 because of the water on Sam Bloomer Way. He stated that he didn't think he would need the River Market Lot, however would be willing to pay $50.00 to hold the gravel City lot should some fire trucks need to be parked. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2011- 90, approving 2011 Fire Muster Contract, with date to be determined. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki Nays: None Possible approval of St. Croix River Association Special Event for camping at Kolliner Park City Clerk Ward reviewed the St. Croix River Association Special Event requesting the use of Kolliner Park for camping and possible City materials cost. Councilmember Polehna informed the Council that the association would be willing to clean up the park and remove the trash, therefore he felt that Council should waive the fees contingent upon the association cleaning the park. Motion by Councilmember Roush, seconded by Councilmember Cook, approving the St. Croix River Association Special Event request and waiving the fees contingent upon cleanup of the park. All in favor. Possible approval of Rumble on the Deck Special Event City Clerk Ward reviewed the Rumble on the Deck Special Event request that has taken place for the last few years. She informed the Council that the Downtown Parking Commission recommended $225 for the parking spaces. She also stated that a Permit to Consume and barricades would be needed. Motion by Councilmember Cook, seconded by Councilmember Polehna, approving the Rumble on the Deck Special Event with the associated fees. All in favor. Page 6 of 9 City Council Meeting June 7, 2011 Possible approval of agreement w ith the Lowell Inn re2ardin2 charses for use of Parking Ram Community Development Director Turnblad stated that the Lowell Inn pays the same parking ramp fees that are required of all customers, which are annually set by the City Council. He explained Lowell Inn's process in keeping track of validated coupons and several different types of passes, and submits quarterly usage reports for room guests, dining room guests, employees, contractors, vendors, etc. He indicated that the operational realities of administering the tracking and payment system for the annual fees are so complicated and time consuming for the Lowell Inn, that they are proposing to pay a set annual fee, so they won't need to keep track of usage. He informed Council that their proposal is to pay 1% of its gross annual sales as its annual parking ramp usage fee. In return, they would not have to keep track of, nor report on their tickets, passes and usage. Mr. Turnblad pointed out that the Finance Director would be able to verify the gross annual sales through tax returns or other means. Councilmember Cook asked Finance Director Harrison if this would be a burden to the Finance Department. Ms. Harrison responded that as long as Mr. Anderson provides the necessary information, it would not be a problem. Community Development Director Turnblad stated that an agreement would be prepared and brought back to Council at the next meeting for approval. Motion by Councilmember Roush, seconded by Councilmember Menikheim, directing staff to prepare a contract with Mr. Anderson with Alternatives 1 -4. All in favor. Possible acceptance of feasibility report and calling for hearing on 2011 Street Improvement Additions Public Works Director Sanders reviewed the feasibility report for the 2011 Street Improvement Additions which included the mill and overlay of Stillwater Avenue West (west of Owens) and Meadowview Drive (cul -de -sac). He reported that the same assessment rate would be used that was determined for the 2011 Street Improvement: Townhouse $980; and Single family lots $1,960. He recommended that Council accept the report and call for a hearing on June 21, 2011. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2011- 91, resolution receiving report and calling for hearing on 2011 Street Improvement Project Additions (Project 2011 -02). Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki Nays: None Possible approval of use of St. Croix Rec Center parking lot for special event Certified Transmission Car Show City Clerk Ward reviewed the use of the St. Croix Rec Center parking lot for the special event Certified Transmission Car Show as an overflow lot. She stated that if they use City materials, they will be charged. She added that they will be charged for portable restrooms. Councilmember Polehna pointed out that these restrooms should be sent to the skate board park after its use. Page 7 of 9 City Council Meeting June 7, 2011 Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the use of the St. Croix Recreation Center parking lot as overflow parking for the Certified Transmission Car Show. All in favor. Possible appointment to Traffic Safety Committee City Clerk Ward informed the Council that an application has been received for the Traffic Review Committee from John Rheinberger. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2011- 92, appointing John Rheinberger to the Traffic Review Committee. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim and Mayor Harycki Nays: None COMMUNICATIONS /REQUESTS Charter Commission Request After considerable discussion, it was the consensus of Council that they did not want the staggered terms changed. COUNCIL REQUEST ITEMS Councilmember Roush noted that as part of the Planning Programming Design Charette, they need to know if that site will be the same site for an aquatic center, and that Council needs to make a decision. He stated for the record that if the aquatic center would be placed at the Armory location, he would vote against the project. The rest of the Council thought they had until September to finalize. Councilmember Polehna pointed out that he thought there was a study done by Ankeny Kell that would give the footprint size of the aquatic center that was proposed a few years ago. Councilmember Cook requested that Mr. Hansen provide an update on the City Hall air conditioner project. Councilmember Polehna asked for a solution. Councilmember Cook also asked about the lease agreement with St. Croix Boat & Packet. City Clerk Ward responded that she thought Mr. Hansen would be bringing that to Council at the next meeting. Councilmember Cook asked that the Traffic Committee look at the possibility of no parking on one side or the other next to Nelson's Ice Cream. She was concerned for safety. Councilmember Menikheim spoke of the terrible job of chopping the trees near the overlook and Main Street stairs, and asked the residents to let City crews take care of it. He also thanked City crews, IBA, etc., for beautifying the downtown with the flowers. Councilmember Cook reiterated that it is important to recreate the May 20, 2011 minutes. Page 8 of 9 City Council Meeting June 7, 2011 ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:10 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -87, directing payment of bills Resolution 2011 -88, delegating legal signing authority Resolution 2011 -89, approving City of Stillwater Wellness Program Resolution 2011 -90, approving 2011 Fire Muster Contract Resolution 2011 -91, resolution receiving report and calling for hearing on 2011 Street Improvement Project Additions (Project 2011 -02) Resolution 2011 -92, appointing John Rheinberger to the Traffic Review Committee Ordinance 1032, an Ordinance amending the Stillwater City Code Section 31 -1, Subdivision 5 entitled Establishment of Districts Ordinance 1033, an Ordinance amending the Stillwater City Code an Ordinance amending the Stillwater City Code Section 31 -1, Subdivision 5 entitled Establishment of Districts Ordinance 1034, an Ordinance amending the Stillwater City Code by creating a Park, Recreation or Open Space (PROS) Zoning District Page 9 of 9 .. S Lw. ■ _______ t ri E R I R i N. 1 4' Or M N t..1 c 4' a CITY COUNCIL DATE: June 14, 2011 ITEM: 18th Annual Heritage Preservation Awards CC DATE: June 21, 2011 PREPARED BY: Michel Pogge, City Planneril The Stillwater Heritage Preservation Commission has selected the following individuals and businesses to receive one of their annual preservation awards. These awards are given on the basis that the project reflects the finest examples of carrying out the spirit and intent of the Historic District Design Guidelines or the Conservation District Design Guidelines. Mayor Ken Harycki and HPC Vice - Chairperson, Jeff Johnson will present each recipient with a plaque at the June 21st Council Meeting. Stillwater Heritage Preservation Commission Presents this Facade Restoration of a Building Award to Gartner Studios for work done at 201 Main Street South The work is the finest facade restoration project of 2010, exemplifying the spirit of the City's Historic District Design Guidelines. June 2011 Stillwater Heritage Preservation Commission Presents this Retail Sign Award to Stillwater Olive Oil Holly Arps for work done at 208 Main Street South The work is the finest retail sign project of 2010, exemplifying the spirit of the City's Historic District Design Guidelines. June 2011 Stillwater Heritage Preservation Commission Presents this Residential Restoration Award to Richard & Suzanne Van Horne for work done at 223 Pine Street West , The work is the finest residential restoration project of 2010, exemplifying the spirit of the City's Historic District Design Guidelines. June 2011 • RESOLUTION 2011 -93 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 $649,635.35 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 21 st day of June, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -93 Abbott Paint Abrahamson Nurseries Action Rental, Inc. AdvantageHealth Corporation Amano McGann, Inc. Aramark Uniform Services Ayers, Denise Ballis, Tom BCA /CJTE Bells Trucking Inc. Big Ink Inc. Bixby Portable Toilet Service C. Hassis Snow Removal & Yard Services Carquest Auto Parts CATCO Parts and Service Century College Century Power Equipment Constant Contact GFOA Heritage Embroidery & Design Ice Skating Institute International Code Council, Inc. J.P. Cooke Co. Jefferson Fire & Safety, Inc. Kath Companies Larkin, Jennifer League of MN Cities Insurance Trust Loffler Companies, Inc. MCFOA Menards Metropolitan Council MN County Attorneys Assoc. MN Police Reserves Association Municipal Code Corp. National Business Furniture Nobles, John Office Depot Precision Quality Consulting Public Agency Training Council R & R Specialties, Inc. Riedell Shoes, Inc. S & T Office Products, Inc. Stillwater & Oak Park Heights CVB Stillwater Collision & Restoration Stain & Paint Supplies 8ft Colorado Spruce Concrete & Mixer Online Health Appraisal, Survey, & Plan Parking tickets Uniforms, Mats, & Towels Reimburse Parking Fee Reimburse for Fuel Purchase Shipping Costs Installation of Rain Garden Plants Dasher Adds Portable Restroom Rental Clean Up Services /Lawn Maintenance Equipment Repair Supplies Equipment Repair Supplies Education Equipment Repair Supplies Electronic Newsletter FAAFR Review Newsletter Uniform Shirts /Parking weSKATE Club Membership Associate Member Dues 0 Rings New Fire Truck Equipment Windshield Wash Refund Park Fee Municipality /Workers Comp Network /Computer Support 2011/2012 Membership Dues General Supplies July 2011 Wastewater Charge 2011 Impaired Driving Materials Membership Enrollment for 11 Reserves Supp #30 to Municipal Code Chairs /Police Dept Reimbursement for Sand Card Soil Chart Office Supplies PPM Air Monitor Basic Criminal Investigation Education Blade Grinds, Ice Paint Skates for Resale Clock Lodging Tax Repair of 2004 Chevy Trailblazer 47.76 893.20 323.84 3,441.00 1,118.72 749.00 6.00 100.00 4.87 500.00 403.99 749.50 897.93 341.78 260.87 320.92 215.13 450.00 50.00 144.96 30.00 50.00 14.11 857.19 145.08 100.00 104,705.50 168.75 35.00 254.42 119,240.94 100.00 240.00 1,100.39 907.90 10.00 60.10 10,000.00 885.00 886.30 920.10 38.20 24,919.81 1,567.46 EXHIBIT "A" TO RESOLUTION #2011 -93 Janitorial Supplies Page 2 Stillwater Motor Company Vehicle Repair Supplies 129.30 Sun Newspapers Publications 117.26 Toll Gas & Welding Supply B- MC- R -V -ANE -AND CYL 20.40 Trans Union LLC Basic Service 5.00 Tschofen, Carmen Stillwater Landmark Sites Development 9,000.00 UHL Ramp Access Control 7,799.00 United Refrigeration, Inc. Equipment Repair Supplies 96.28 Verizon Wireless Cell Phone /Police Air Cards 717.90 Washington County Property Records Doc #3840548 46.00 West Payment Center Clear Investigator Education Material 88.94 Yocum Oil Company Fuel 4,143.51 LIBRARY Ace Hardware Janitorial Supplies 30.95 BBCAudio Books on CD 371.64 Baker & Taylor Library Materials 67.54 BWI Library Materials 452.25 Brodart Library Materials /Small Equipment 1,193.28 Country Messenger Periodical 26.00 Felsch, David Event Set -Up 31.97 Grady, Chad Event Set -Up 56.84 Grady, Ryan Event Set -Up 85.26 Hodnefield, Samuel Event Set -Up 28.42 Johnson, Alec Event Set -Up 42.63 Lakeview Foundation Refund 746.80 Mackenzie, Aaron Event Set -Up 17.76 Master Mechanical Maintenance Contract 944.25 Midwest Tapes AV Materials 58.07 Olson, Jacob Event Set -Up 14.21 Peterson, Andrew Event Set -Up 49.74 Rosentreter, Hannah Event Set -Up 39.08 Toshiba Maintenance Contract 128.36 Washington County Library Telecommunications 757.00 Young, Pete Event Set -Up 28.42 ADDENDUM Alta Falls & Pond Supplies Fountain, Pump,Pipe and Treatments 584.69 Barron County Incinerator Disposal of Evidence 72.00 Board of Water Commissioners Refund Manning Ave. Project 13,696.13 Catco Parts & Service Repair Valve on Toro 424.00 Clark, Dan Cleaning City Hall and Public Works 1,057.50 EXHIBIT "A" TO RESOLUTION #2011 -93 Cole Paper Emergency Sery Consulting, Inc. Gall's Harr, Paul Johnson Trailer Company (burg Electric LLC Magnuson Law Firm McDonald Construction Minnesota Pollution Control Agency Minnesota Post Board Municipal Code Corporation Napa Auto Parts Natural Resource Group Qwest Raleigh, Anise Rose Floral Rosenbauer Firefighting Technology S & T Office Products, Inc. St. Croix Tree Service, Inc. Stillwater License Summit Fire Protection Sun Newspaper T.A. Schifsky & Sons, Inc. Victory Corps Waste Mgmt. Wieck, Katie Xcel Zacharias, Daniel EXHIBIT "A" TO RESOLUTION #2011 -93 Adopted by the City Council this 21st Day of June, 2011 Page 3 Janitorial Supplies 800.84 Feasibility Study 6,539.00 Uniform Boots 91.74 Park Deposit Refund 325.00 2011 Sport Warder Trailer 3,005.70 Install Outlet for Fountain Pump 890.00 Professional Services 5,376.83 Grading Escrow Refund 1,500.00 Stillwater Stage 3 Floodwall 562.50 License Renewal 540.00 Annual Code on Internet Fee 550.00 On Board Marine 330.24 Environmental Consulting 8,598.23 Telephone 369.14 Park Deposit Refund 100.00 Outdoor Plants 1,645.88 Final Payment on New Fire Engine 258,243.00 Time Card Recorder & Office Supplies 390.94 Move Trees at PW to Millbrook 3,325.00 Title, Registration &Plates New PW Trailer 62.99 Annual Fire Sprinkler Inspection 345.00 Publications 1,142.88 Asphalt 2,725.46 Flags 203.44 Garbage Waiver 38.76 Refund Park Fee 100.00 Electricity, Gas 30,308.68 Park Deposit Refund 100.00 TOTAL 649,635.35 LIST OF BILLS EXHIBIT "A" TO RESOLUTION. #2011 -93 Abbott Paint Stain & Paint Supplies 47.76 Abrahamson Nurseries 8ft Colorado Spruce 893.20 Action Rental, Inc. Concrete & Mixer 323.84 AdvantageHealth Corporation Online Health Appraisal, Survey, & Plan 3,441.00 Amano McGann, Inc. Parking tickets 1,118.72 Aramark Uniform Services Uniforms, Mats, & Towels 601.04 Ayers, Denise Reimburse Parking Fee 6.00 Ballis, Tom Reimburse for Fuel Purchase 100.00 BCA /CJTE Shipping Costs 4.87 Bells Trucking Inc. Installation of Rain Garden Plants 500.00 Big Ink Inc. Dasher Adds 403.99 Bixby Portable Toilet Service Portable Restroom Rental 749.50 C. Hassis Snow Removal & Yard Services Clean Up Services /Lawn Maintenance 897.93 Carquest Auto Parts Equipment Repair Supplies 341.78 CATCO Parts and Service Equipment Repair Supplies 260.87 Century College Education 320.92 Century Power Equipment Equipment Repair Supplies 215.13 Constant Contact Electronic Newsletter 450.00 GFOA FAAFR Review Newsletter 50.00 Heritage Embroidery & Design Uniform Shirts /Parking 144.96 Ice Skating Institute weSKATE Club Membership 30.00 International Code Council, Inc. Associate Member Dues 50.00 J.P. Cooke Co. 0 Rings 14.11 Jefferson Fire & Safety, Inc. New Fire Truck Equipment 857.19 Kath Companies Windshield Wash 145.08 Larkin, Jennifer Refund Park Fee 100.00 League of MN Cities Insurance Trust Municipality /Workers Comp 104,705.50 Loffler Companies, Inc. Network /Computer Support 168.75 MCFOA 2011/2012 Membership Dues 35.00 Menards General Supplies 255.24 Metropolitan Council July 2011 Wastewater Charge 119,240.94 MN County Attorneys Assoc. 2011 Impaired Driving Materials 100.00 MN Police Reserves Association Membership Enrollment for 11 Reserves 240.00 Municipal Code Corp. Supp #30 to Municipal Code 1,100.39 National Business Furniture Chairs /Police Dept 907.90 Nobles, John Reimbursement for Sand Card Soil Chart 10.00 Office Depot Office Supplies 60.10 Precision Quality Consulting PPM Air Monitor 10,000.00 Public Agency Training Council Basic Criminal Investigation Education 885.00 R & R Specialties, Inc. Blade Grinds, Ice Paint 886.30 Riedel) Shoes, Inc. Skates for Resale 920.10 S & T Office Products, Inc. Clock • 38.20 Stillwater & Oak Park Heights CVB Lodging Tax 16,405.89 EXHIBIT "A" TO RESOLUTION #2011 -93 Page 2 Stillwater Collision & Restoration Repair of 2004 Chevy Trailblazer 1,558.80 Stillwater Motor Company Vehicle Repair Supplies 129.30 Sun Newspapers Publications 117.26 Toll Gas & Welding Supply B- MC- R -V -ANE -AND CYL 20.40 Trans Union LLC Basic Service 5.00 Tschofen, Carmen Stillwater Landmark Sites Development 9,000.00 UHL Ramp Access Control 7,799.00 United Refrigeration, Inc. Equipment Repair Supplies 96.28 Verizon Wireless Cell Phone /Police Air Cards 717.90 Washington County Property Records Doc #3840548 46.00 West Payment Center Clear Investigator Education Material 88.94 Yocum Oil Company Fuel 4,143.51 LIBRARY Ace Hardware Janitorial Supplies 30.95 BBCAudio Books on CD 371.64 Baker & Taylor Library Materials 67.54 BWI Library Materials 452.25 Brodart Library Materials /Small Equipment 1,193.28 Country Messenger Periodical 26.00 Felsch, David Event Set -Up 31.97 Grady, Chad Event Set -Up 56.84 Grady, Ryan Event Set -Up 85.26 Hodnefield, Samuel Event Set -Up 28.42 Johnson, Alec Event Set -Up 42.63 Lakeview Foundation Refund 746.80 Mackenzie, Aaron Event Set -Up 17.76 Master Mechanical Maintenance Contract 944.25 Midwest Tapes AV Materials 58.07 Olson, Jacob Event Set -Up 14.21 Peterson, Andrew Event Set -Up 49.74 Rosentreter, Hannah Event Set -Up 39.08 Toshiba Maintenance Contract 128.36 Washington County Library Telecommunications 757.00 Young, Pete Event Set -Up 28.42 Contract No. DPS -M -0547 Minnesota Internet Crimes Against Children Task Force Multi- Agency Law Enforcement Joint Powers Agreement This Multi- Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, ( "Agreement ") is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and City of Stillwater, acting through its Stillwater Police Department located at 216 North Fourth Street, Stillwater, MN 55082, ( "Undersigned Law Enforcement Agency "), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, subd. 10, Whereas, the above subscribed parties have joined together in a multi - agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ( "ICAC ") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub -grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. Now Therefore, the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing a three - pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and 2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards contained in Exhibit B attached to this Agreement, in addition to complying with applicable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance Pagelof4 Contract No. DPS -M -0547 Program contact information is contained in Exhibit C attached to this Agreement; and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and 4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same Law Enforcement Agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre- approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with payment made out to the City of Stillwater, and mailed to the Stillwater Police Department, 216 North Fourth Street, Stillwater, MN 55082. 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition, under Minn. Stat. § 16C.05, subd. 5, the Undersigned law Enforcement Agency's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and Page2of4 Contract No. DPS -M -0547 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and 12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment that was acquired through OJJDP grant funding; in the event that future federal funding is no longer available, the Undersigned Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the State of Minnesota Department of Public Safety, or the Undersigned Law Enforcement Agency breaches the Agreement. 13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this agreement should be conducted in accordance with the OJJDP ICAC Task Force Program Standards contained in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours and/or actual expenses incurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander through the term of this agreement or until all Federal funds under the OJJDP grant have been expended, whichever comes first. B. The Grantee has a TOTAL Expense Budget of $320,000.00 that was approved under the OJJDP Internet Crimes Against Children ( "ICAC ") Grant for investigative hours and expense reimbursement. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A., to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party. 16. Terms of this agreement: This Agreement shall be effective on the date the Undersigned Law Enforcement Agency obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in effective through May 31, 2012, unless terminated or canceled. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. Page 3 of 4 Contract No. DPS -M -0547 1. Undersigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles, laws, by -laws, resolutions, or ordinances. By and Title Date Undersigned Law Enforcement Agency Title: Date City of Stillwater Title: Date City of Stillwater Mayor or Board Chair Date City of Stillwater • 2. Department or Public Safety, Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) Date 3. Commissioner of Administration By and Title Date MN Department of Administration (With delegated authority) Page 4 of 4 E p-=er r R Department of Justice Office of Justice Programs Office of the Assistant Attomcy General Washington, D.C. 2053! September 13, 2010 Mr. Eric Knutson Minnesota Department of Public Safety 1430 Maryland Avenue East St. Paul, MN 55106 -2802 Dear Mr. Knutson: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of 3ustice Programs has approved your application for funding under the FY 10 Internet Crimes Against Children Task Force: Minnesota in the amount of S320,000 for Minnesota Department of Public Safety. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Will Bronson, Program Manager at (202) 305 -2427; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures r i EXHIBIT B Minnesota ICAC Task Force (Internet Crimes Against Children) Policy Statement Policy Purpose: The purpose of this policy is to establish responsibilities and guidelines regarding the Minnesota Internet Crime Against Children task force response to reports of exploitation of children, and the possession and distribution of child pornography using computers. • Policy Statement: It shall be the policy of the Minnesota ICAC task force to adhere to strict guidelines with respect to investigations of computer related child exploitation. The standards adopted pursuant to this policy mirror those prescribed by Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of Investigations (FBI), U.S. Customs, and the U.S. Postal Inspector's Office. Definitions: A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre - operative planning. A reactive investigation involves the investigation and prosecution of a known target(s), and where the need to proceed with the investigation is urgent. It also includes a response within the community or area of jurisdiction to a specific complain brought to the departments attention by another law enforcement agency, a reputable source of information such as the Cyber - Tipline at the National Center for Missing & Exploited Children or a large Internet Service Provider. The department must also respond to complaints made by citizens, schools, libraries, or businesses who believe illegal material has been transmitted or potentially dangerous situations, such as child lure attempts have been communicated through the Internet. The term Internet Crimes Against Children (ICAC) includes both proactive and reactive investigative activities as outlined above. An investigation is deemed to be urgent when there is a reasonable belief that the target presents an imminent threat to the well being of another person. 1iPage EXIiIBIT B Procedures: Work space and Equipment Internet Crimes Against Children (ICAC) computers and software shall be reserved for the exclusive use by department designated ICAC personnel. When possible, undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. All ICAC online investigations shall be conducted in government work space as designated by the department. Care Predication and Prioritization Cases may be initiated by referrals from the CyberTipline, Internet Service Providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations or suspicious behavior, public complaints, or by any other source acceptable under current department policy. ICAC Supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale was established by the ICAC Task Force Review Board and will apply to the assignment of cases within the department: 1. A child is at immediate risk of victimization; 2. A child is vulnerable to victimization by a known offender; 3. Known suspect is aggressively soliciting a child(ren); 4. Traders of images that appear to be home photography with domiciled children; 5. Aggressive, high volume child pornography traders who either are commercial distributors, repeat offenders, or specialized in sadistic images; 6. Traders and solicitors involved in high- volume trafficking or belong to an organized child pornography ring that operates as operates as a criminal conspiracy; 7. Traders in previously known images; 8. Traders in digitally altered images. Record Keeping ICAC investigative units shall be subject to the existing agency incident reporting procedure and case supervision systems. Investigators will obtain a case number at the outset of each case and fully document their activities through the completion of initial and supplemental reports. 2IPage EXHIBIT B Reports will be completed and reviewed by a supervisor in a timely fashion. Investigation and case management activities will occur in accordance with existing departmental policies and procedures. Closeout reports with indicate the manner in which a case has been resolved with copies forwarded to the prosecutor's office and/or the law enforcement agency continuing the investigation when applicable. Undercover Investigations Carefully managed undercover operations conducted by well - trained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and ethical considerations because of concern that inappropriate government conduct may induce an otherwise innocent citizen into committing a crime. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. Officers should always be aware that their actions, in addition to those of the offender, may be at issue in deciding if charges are brought, whether referrals to other law enforcement agencies are acted upon, and in determining the guilt or innocence of the offender at trial. Therefore, it is critical that this task force work closely with local prosecutors when investigating ICAC offenses. Accordingly, the following minimum standards apply to undercover investigations by the task force: a) Only sworn on -duty ICAC Task Force personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC Task Force personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no human images shall be uploaded, transmitted, or forwarded by ICAC Task Force personnel. d) Other than authorized above, images considered for uploading shall be approved by the ICAC Task Force Project Director and reviewed by a local prosecutor. Images 3jPage EXHIBIT B uploaded for investigative purposes shall be nonhuman and encrypted. Sexually suggestive titles shall not be used. e) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image uploading shall be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Commander. The storage, security, and destruction of investigative information shall be consistent with agency policy. At a minimum, information should be maintained in locked cabinets and under the control of ICAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that forensic examinations of computers and related evidence are conducted by qualified personnel that have received specific training in computer forensics. Information Sharing Conventional boundaries are virtually meaningless in the electronic world of the Internet and the usual constraints of time, place, and distances lose their relevance. These factors increase the possibility of ICAC Task Forces targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, OJJDP requires that each ICAC Task Force contribute basic case information to a common database. Federal Guidelines have been established through the Department of Justice's ICAC Task Force Information Sharing Working Group. The OJJDP Task Force Review Board reviewed, modified, and adopted the below information sharing system and procedures. The St. Paul Task Force will comply with these guidelines. 1. Task Force investigators shall contribute basic information and case updates on all cases (local, interstate, re- active and pro- active) to a Case Deconfliction System. Currently, there are three deconfliction systems being used by ICAC Task Forces around the country. They are CPS (Child Protection System), ICAC Cops (formerly Roundup), and Gridcop (Wyoming ICAC system). Task force members conducting pro - active or re- active investigations must adopt one of the deconfliction systems mentioned above. 41Page EXHIBIT B 2. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation f) Offender screen name(s) g) Identifiers (URL, FTP, Newsgroup, IP Address) h) True name of suspect (if known) i) Other suspect information (if known) j) Undercover officer screen name(s) 3. Case update information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Date investigation initiated f) Identity of subject(s) including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, search warrant, conviction, etc.) h) Sentencing information (when available) 4. Each investigator working with the ICAC task force will sign up for access to an ICAC Deconfliction System. Information on how to gain access will be provided by the unit commander. 5. Each investigator shall query the Deconfliction System once they have established an investigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of activities that is likely to lead to the sexual exploitation of a child. Assuming no other active investigations are discovered and that reasonable suspicion is present to initiate an investigation, the agency will submit case information to Wyoming ICAC Deconfliction System. Each Task Force should submit this information within 24 hours of initiating the case or as soon thereafter as possible. 6. If any duplication is found, the initiating investigator is responsible for contacting the other law enforcement agency. 51Page EXHIBIT B Supervision 1. Existing departmental supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover investigators. Written directives will reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. 2. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigative reports; b) periodic review of undercover session recordings; c) direct participation in formulating ICAC Task Force investigative plans and establishing investigative priorities; d) development of work schedules including approval of specific overtime expenditures; e) assessment of equipment and training needs; and, f) review and approval of any ICAC Task Force fiscal matters. Selection of ICAC Task Force Personnel While existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony skill, ability to handle sensitive information prudently, and a genuine interest in the protection of children. Task Force members should be computer literate, knowledgeable regarding child exploitation issues, and be familiar with Federal and State statutory and case law pertaining to ICAC investigations. Prevention and Education Activities Prevention education activities are a critical component of the Minnesota ICAC Task Force Program. Supervisors and investigators are expected to develop and lead prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issues. However, these presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss investigative techniques. Media Relations and Releases Copies of media releases related to this initiative will be forwarded through the ICAC Unit Commander to the Public Information Office for dissemination. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circulated within the Review Board. 6jPage EX IIBIT B Media releases relating to prosecutions, crime alerts or other matters concerning ICAC Task Force operations shall not include information regarding specific investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. In each case, copies should be provided to OJJDP in a timely manner. RESOLUTION 2011 -94 RESOLUTION APPROVING MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE MULTI - AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT CONTRACT NO. DPS -M -0547 2011 -12 GRANT CYCLE WHEREAS, this Multi- Agency Law Enforcement Joint Powers Agreement between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to enter into this Agreement pursuant to Minn Stat. § 471.59, Subd. 10 & 12, and City of Stillwater, acting through its Stillwater Police Department ; and WHEREAS, the above subscribed parties have joined together in a multi- agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and /or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and WHEREAS, the agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WHEREAS, the Grantee is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses. including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and WHEREAS, the OJJDP Internet Crimes Against Children ( "ICAC ") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub -grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. NOW THEREFORE, BE IT RESOLVED, by Stillwater City Council that the Multi - Agency Agreement is hereby approved. BE IT FURTHER RESOLVED that the Police Chief may sign as the Undersigned Law Enforcement Agency and the Mayor and City Clerk are authorized to sign on behalf of the City of Stillwater. Adopted by the Stillwater City Council this 21 day of June, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM Shawn Sanders, Public Works Director/ City Engineer DATE: June 13, 2011 SUBJECT: Request for Capital Outlay Funds for Skidsteer Replacement DISCUSSION In past years, the City has been in program with Tri-State Bobcat that replaced our current skidsteer with a new skidsteer annually. Tri -State evaluates equipment for trade -in value based on current market conditions and has proposed a trade -in offer on a new skidsteer for our 2010 model at a cost of $1603.13 including tax. At approximately 400 hours of usage on the current skidsteer, we would be getting a new skidsteer at a cost of $4.00/hr. The new machine would come with a one -year warranty on all parts and labor. Funds are available for the replacement in the Street Capital Outlay Fund for Machinery and Equipment RECOMMENDATION I recommend that Council approve the replacement of the skidsteer at a cost of $1603.13 with Tri -State Bobcat. ACTION REQUIRED If Council approves the recommendation they should pass a motion, approving the trade -in of the 2010 Bobcat Skidsteer with a new Bobcat Skidsteer. CdkApAa,v,i +I-Lepak Ase-e144•Lev414 40AAI Bobcat Quotation Number: 3586E04230 Date: 2011 -04 -18 10:57:30 Ship to Bobcat Dealer Bill To City of Stillwater Tri -State Bobcat, Inc.,Hudson,WI City of Stillwater Attn: Nick Chaves 745 EXCHANGE DRIVE Attn: Nick Chaves 216 4th St N HUDSON WI 54016 216 4th St N Stillwater, MN 55082 Phone: (715) 531 -0801 Stillwater, MN 55082 Phone: (651) 430 -8800 Fax: (952) 894 -5759 Phone: (651) 430 -8800 Contact: Jon Quirk Phone: 952- 894 -0894 Fax: 952- 894 -5759 Cellular: 612- 282 -9805 E Mail: jonq @tristatebobcat.com Description Part No Qty Price Ea. Total S650 Bobcat Skid -Steer Loader M0069 1 $23,640.88 $23,640.88 Factory Installed A91 Option Package M0069- P01 -A91 1 $6,336.92 $6,336.92 Cab enclosure with Heat and AC Power Bobtach High Flow Hydraulics Deluxe Instrument Panel Two -Speed Travel Suspension Seat with 3 -Point Belt Sound Reduction Engine Block Heater Hydraulic Bucket Positioning Attachment Control Kit Cab Accessory Harness Advanced Control System M0069- R01 -0O3 1 $924.80 $924.80 Total of Items Quoted $30,902.60 Dealer P.D.I. $0.00 Freight Charges $0.00 Dealer Assembly Charges $0.00 Trade -in S650 s/n A3NV11938, A91, ACS ($29,402.60) Sales total before Taxes and Trades $1,500.00 Taxes: MN Sales Tax $103.13 Quote Total - US dollars $1,603.13 Notes: All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. Customer must exercise his purchase option within 30 days from quote date. Customer Acceptance: Purchase Order: Authorized Signature: Print: Sign: Date: S '14; B ! R " H P i _ A C i 0 M i N N E S O I A Memo To: Larry Hansen, City Administrator Shawn Sanders, Public Works Director From: Tim Moore, Assistant Public Works Superintendent <►4 Date: June 16, 2011 Re: Possible Purchase of 15' area wide mower for John Deere 4720 Tractor BACKGROUND Currently the Parks Department has a 2004 Toro 4000d Groundsmaster mower that is used for mowing large acreage parks and is in need of replacement. The mower is used 5 days per week to mow and during the heavy growing period of the summer it has been very difficult to finish all of the mowing in the City. In looking at new mowers to attach to our John Deere tractor, the City borrowed the Woodbury's wide area mower for the past two weeks to see if we could increase our productivity in our mowing with a different type of mower. DISCUSSION In using this mower, staff has found that a considerable amount of time can be saved per week. Some examples are: Toro Wide Area Mower Bergmann Park 1% hours 32 minutes Lily Lake Park 2 hours 1 hour Northland Park 2% hours 1 hour Legends Park 1% hours 16 minutes Based on the 2 week trial with the large mower, we can accomplish all of our mowing in 3 days compared to 4 or 5 days using the Toro mower. Staff would like to purchase a John Deere 15' wide area mower for its park mower. The new mower would reduce fuel costs, require less maintenance and would decrease mowing time which allows personnel to spend more time on other park maintenance. The area wide mower is an attachment for an existing piece of equipment and can be purchased off the State Bid Contract from Frontier Ag for $14,778.04 plus tax. This price is considerably lower than the purchase of a used mower with trade in for $35,425 or a new mower with trade in for $43,525. ACTION REQUIRED It is recommended that Council approve the purchase of a John Deere wide area mower off the State Bid for $14,788.04. The mower would be purchased from the , Park Capital Outlay Fund. A Q 1QL�'. - 4 J O /& i' r I I lwa ter Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/20/2011 Re: Agreement for Source Reduction (Recycling Education) in Schools Since 2004 the City has retained Karen L. Richtman, d /b /a Service on a Shoestring for doing for recycling education with Waste Reduction and Recycling Education in the schools in the City of Stillwater. In addition, as part of the 2010 projects, Ms. Richtman upgraded the Trash /Recycling portion of the City's website, prepared the new Residential Guide to Household Trash & Curbside Recycling and magnet for residents describing our services with Waste Management and how to recycle, as well education in the schools. As part of our 2011 projects she will continue Educational Programming at Lily Lake Elementary and Stonebridge Elementary and has already completed our reusable customized bags distributed to residents at our Hazardous Waste Day and other residents as part of a City -wide effort to encourage reuse and reduce waste Ms. Richtman's contract amount has remained the same since her original contract in 2004 but this contract has a raise in her services for this 3 year contract. Ms. Richtman's contract has always been 100% funded the County's Recycling Grant funds and would not generate any additional expenses or staff time for the City. RECOMMENDATION: Staff recommends the City Council approve the attached Resolution approving the Agreement with Karen L. Richtman, d /b /a Service on a Shoestring. RESOLUTION 2011 -95 APPROVING SERVICE ON A SHOE STRING CONTRACT BE IT RESOLVED, by the City Council of Stillwater, MN that the recycling coordinator agreement between Service on a Shoe String (Karen Richtman) and the City of Stillwater 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 21" day of June, 2011 Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk SOURCE REDUCTION PROGRAM CONTRACT CONSULTING AGREEMENT JUNE 1, 2011 - JUNE 30, 2014 AGREEMENT made this 21" day of June 2011, between the City of Stillwater ("Stillwater") and Karen L. Richtman, . d/b /a Service on a Shoestring, 2854 Nightengale Court, Stillwater, MN, hereinafter referred to as "Consultant/Trainer ". SECTION ONE SERVICES Consultant/Trainer agrees to perform such services as follows: A. Provide source reduction educational programming at specified Stillwater schools and to adults in the Stillwater area. B. Provide administrative support for Stillwater's source reduction activities, including the Green Scene newsletter on a quarterly basis. C. Maintenance and continued support for Stillwater's Trash/Recycling Web Site. SECTION TWO COMPENSATION Stillwater shall compensate Consultant/Trainer as follows: A. Seven Thousand Dollars ($7,000) per year for administrative responsibilities. B. Three thousand and Five Hundred Forty —eight Dollars (3,548) maintenance and continued support of City's Trash/Recycling Website. C. Three Thousand Five Hundred Forty -eight Dollars (3,548) for educational programming at Stonebridge Elementary, on or before June 30, 2013. D. Three Thousand Five Hundred Forty -eight Dollars (3,548) per year for educational programming at Lily Lake Elementary, on or before June 30, 2013. E. Three Thousand Five Hundred Forty -eight Dollars (3,548) per year (up to 2 per year) for waste reduction - related community programming, on or before June 30, 2013. SECTION THREE INDEPENDENT CONTRACTOR Contractor shall be engaged as an independent contractor and not as the City's agent or employee. The Contractor is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Except as otherwise provided, Contractor shall furnish all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. Stillwater and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees is in any manner agents or employees of the Stillwater. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. Page 1 of 3 SECTION FOUR CONTRACT TERM This Agreement shall be for a term commencing June 1, 2011 and ending June 30, 2014. SECTION FIVE EXTRA SERVICE No claim will be honored for compensation for extra services or work beyond the scope of this Agreement without the written approval of Stillwater. SECTION SIX INDEMNIFICATION Contractor hereby indemnifies and holds the Stillwater harmless from any claims, suits, damages, costs (including reasonable attorney fees) arising out of any act or omission of the Contractor in the performance of the services provided for by this Agreement. SECTION SEVEN TERMINATION This Agreement may be terminated by either party without cause, effective upon written notification of termination to the other party. After termination, neither party shall have further obligation except to compensate Contractor for services performed before Contractor's receipt of notice of termination and expenses incurred as per proposal. SECTION EIGHT ASSIGNMENT The Contractor may assign or subcontract any of the services to be performed hereunder with written approval of Stillwater. Said consent shall not be unreasonably withheld by Stillwater. SECTION NINE ENTIRE AGREEMENT This agreement, together with the Stillwater's Agreement with Washington County authorizing a grant for the work to be performed hereunder, shall constitute the entire agreements between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION TEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Page 2 of 3 SECTION ELEVEN NOTICES Any notice provided for, concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified, or registered mail if sent to the respective address of each party as set forth herein: 1. Karen Richtman, 2854 Nightengale Court, Stillwater, MN 55082. 2. City of Stillwater, 216 North 4 th Street, Stillwater, MN 55082 SECTION TWELVE GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. SECTION THIRTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement shall not affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if both parties, subsequent to the impingement of the invalid provision, had executed them. Consultant: Date: Karen L. Richtman Organization: City of Stillwater Name: Date: Ken Harycki Title: Mayor Name: Date: Diane F. Ward Title: City Clerk Page 3 of 3 Receipt Num r o. RETURN TO CITY CLERK 1 Iwater. Amoun "Paid: Fee: $100.00 THE 111THPLACE OF HIHHE{OTO APPLICATION FOR SALE OF FIREWORKS Name Home Name of Busi Business Add Corporate Address (if different than business address) 5bo yn_100 Pkw J 1 h{ Cam'k V A ' 113 <: 1, Q Telephone (Business): _ - '�,3(p - to pi }lei �ne '1_� 1 . _ a Do 0 Beginning Date of Sale: o F Pf -&ey�y ' End Date of Sale: 3 1 Hours of Operation: Location of Display REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) d wn to scale o with dimensions included. o Signature of Applicant (or agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE F THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed tinworks at the location shown on this application is hereby approved, subject to the following conditions if any. JUN 17 2011 Signature of Fire Chief.. The sale of the listed fireworks on the date and at the location shown on this the following conditions if any: Signature of Police Chief. Date: APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Approval Date of Stillwater City Council: _� —,V — // Date: Permit No.: DRAYTON INSURANCE BROKERS, INC. 2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067 BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220 TELEPHONE: (205) 854 -5806 FAX: (205) 854 -5899 CERTIFICATE OF INSURANCE NO. 150616 We certify that insurance is afforded as stated below. This Certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy and the insurance afforded is subject to all the terms, exclusions and conditions of the policy. INSURER Admiral Insurance Company POLICY NO. CA000003209 -21 -1035 NAMED INSURED Elkton Sparkler Company P.O. Box F North East, Maryland 21901 POLICY TERM March 1, 2011 to March 1, 2012; Both Days 12:01 A.M. Standard Time COVERAGE Products Liability, including broad form vendors liability: ® Occurrence Basis ❑ Claims Made Basis LIMIT OF LIABILITY $2,000,000 each occurrence, $3,000,000 products aggregate The limit of liability shall not be increased by the inclusion of more than one insured or additional insured. INSURED OPERATIONS The manufacture, sale or distribution of consumer fireworks (1.4G) and related products. It is certified that, if named below, this policy includes as Additional Insureds 1) the distributor of the Named Insured's products and /or 2) the owner of property on which the Named Insured's products are sold and/or 3) the licensing authority issuing a permit or license for the sale of the Named Insured's product and /or 4) an entity for which coverage is required by written contract. NAME(S) OF ADDITIONAL INSURED(S) DOLLAR TREE / DEALS STORES 500 VOLVO PARKWAY CHESAPEAKE VA 23320 STORE #2435 2022 PAUL BUNYAN DRIVE NW BEMIDJI MN 56601 CITY OF BLAINE MN 10801 TOWN SQUARE DR BLAINE MN 55434 CITY OF STILLWATER MN 55082 It is certified that this policy requires a 30 day mutual notice of cancellation between the Insurer and the Named Insured. In the event of such cancellation we will endeavor to mail 10 days written notice to the Additional Insured(s), whose name and address is shown hereon, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer and/or the undersigned. DRAYTON INSURANCE BROKERS, INC. March 17, 2011 DATE OF ISSUE TRINGER, PRESIDEN JUN -13 -2005 03:33P FROM:BOB HARMAN ASSOC 6106958736 70:14102879553 o I l 2 TR�e. Sao �e X137.5 w Ot �e e .Lot 4 .4c 7 Y✓� �2�e - �R! �� 64-d / W rA k K, nI . p ko yew 4 &5'1 - 430 - Ss�a P.1 S +o A cep- : AwlY oleAveD /n Wore .4 \ ZO `R.0 s1'f o P" �o A vp e - q�` to - "P.f e f C7 0 C1 5- vwf i j 4,. A C.. o f !; A Or e -- rKt- A�e �-Jp 0 /0,0,j e C-A�ke s _Q,. 4 . Vj AL 4 w oy a �s�oLA at*- +k44r 0X--0 -e IQ4,olr e . o FTHEST 9T Minnesota Department of Public Safety �? ~' ,� Alcohol and Gambling Enforcement Division \ g Tr Ja: ;,. 444 Cedar St —Suite 133 e St. Paul, MN 55101 -5133 (651)296 -9519 Fax (651)297 -5259 TTY (651)282 -6555 APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION - w ..p . ATE ORGANIZED TAX EXEMPT NUMBER l�m84e.�ouc J'( r�> )46.s " /994 `i / iSo // STREET ADDRESS CITY STATE ZIP CODE �ar t7' Y11v nB 477 -`+a it Th s! . .S�"C►ge�- NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE ,1 J E vt 6eR4 (GSI) 430 -aao ('37 ).c3 DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION qu 4-.J / -a-> 43 e1+ ❑CLUB ECHARITABLEORELIGIOUS OOTHER NONPROF ORGAN1 ATION OFFICER'S NAME 4,DDRESS _t 4 g t Est SE-k6 ?.e Th J . £b ORGANIZATION OFFICER'S NAME ADDRESS Ri -,, u koilt a - D i .i 141444 Sf StTiu.. ) �'�, y �� ORGANIZATION CER S NAME ADDRESS cec.< t►-tr" P. a. X . 4 / , .9i.v . .Streaa- Location where license will be used. If an outdoor area, describe A o..c)e(c- 1 )K - ■ • Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service. Votst of 7tt Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory.) V-1 L 4 1>4444.4e*. GS/ - 4.31-4i APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY City of Stillwater DATE APPROVED CITY FEE AMOUNT $25.00 per day 4 'a tv) LICENSE DATES D FEE PAID !p —/ 020/ 1(24e.5.0 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED Alcohol & Gambling Enforcement Director Note: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the city or County at least 30 days before the event. PS -09079 (6/ 1 MEMORANDUM TO: Mayor and City Council FROM: Toffy Kraftson, Assistant City Engineer j.1 `'` DATE: June 16, 2011 SUBJECT: Additional Streets Added to 2011 Street Improvement Project Project 2011 -02 DISCUSSION The public hearing to add Stillwater Avenue (Owens Street to Meadowview Drive) and Meadowview,Drive to the 2011 Street Improvement Project is scheduled for June 21, 2011 at 7:00 pm. Attached are copies of the feasibility report (approved 6/7/11) and the public hearing notice sent to the affected property owners. RECOMMENDATION It is recommended that Council hold the required public hearing and if Council desires, pass a resolution ordering the improvement. It should be noted that the resolution to order the improvement requires a 4 /5 majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2011- ORDERING THE IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS, AND EXTENDING UNIT PRICES FOR THE 2011 STREET IMPROVEMENT PROJECT 2011 -02. ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND EXTENDING UNIT PRICES FROM THE 2011 STREET IMPVOEMENT PROJECT (PROJ. 2011 -02) WHEREAS, a resolution of the City Council adopted on June 7, 2011 fixed a date for a council hearing to add Meadowview Drive and Stillwater Avenue between Meadowview Drive and Owens Street to the 2011 Street Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 21 day of June 2011, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 21 day of June 2011. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. The plans and specifications presented by the City Engineer are hereby approved. 4. Since the estimated construction cost is less than 25% of the bids for the 2011 Street Improvement Project, the unit prices for the 2011 Street Improvement Project are hereby extended for Meadowview Drive and Stillwater Avenue between Meadowview Drive and Owens Street. Adopted by the Council this 21 day of June 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk NOTICE OF PUBLIC HEARING FOR 2011 STREET IMPROVEMENT PROJECT ADDITIONAL STREETS PROJECT 2011 -02 June 8, 2011 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4 Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, June 21 2011, to consider the mill and overlay of streets. The area proposed to be assessed for such improvement is properties abutting Stillwater Avenue between Owens Street and Meadowview Drive and Meadowview Drive. The estimated cost of the improvements is $43,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Diane Ward City Clerk Published in Stillwater Gazette on June 10 and June 17 2011. MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer LT, 1< DATE: May 31, 2011 RE: Feasibility Study to add West Stillwater Avenue and Meadowview Drive to the 2011 Street Improvement Project (Project No. 2011 -02) INTRODUCTION Bids for the 2011 Street Improvement Project were received on May 12, 2011. The lowest bid of $1.53 million by Tower Asphalt was 7% below the engineer's estimate of $1.65 million. With additional money available in the budget, it is proposed to extend the project to include a mill and overlay of the following streets: • Stillwater Avenue West (west of Owens Street) • Meadowview Drive (cul de sac) These streets lie between Wilkins Street and West Saint Croix Avenue, which are being reconstructed. Stillwater Avenue West extends west from Owens Street 350 feet and then turns south and becomes Meadowview Drive, extending another 350 feet to end in a cul de sac. The streets were rated in fair condition in the 2010 pavement management report, which is the target condition for mill and overlay projects. EXISTING CONDITIONS Stillwater Avenue West and Meadowview drive were constructed in 1979. The streets are 32 -feet wide and were constructed with 6 inches of bituminous pavement. The pavement exhibits cracking and surface deterioration. The water main and sanitary sewer are in good condition. There are two catch basins at the intersection of Stillwater Avenue and Meadowview Drive that have deteriorated block on the inside. PROPOSED PROJECT The proposed mill and overlay would involve milling two inches of the existing pavement and placing 2 inches of new bituminous wear course. The top section of the manholes and catch basins would be resealed. There are 2 catch basins that would be replaced. A rain garden would be installed at the corner reduce the quantity of water discharged from the area and to improve the water quality of runoff prior to reaching downstream Lake McKusick. PROJECT COST AND FINANCING The estimated project cost is $43,000, including engineering and administration. The project would be funded 50% through the capital projects fund and 50% through special assessments. By using the street project townhouse and single family assessment rates, the desired 50% project funding is achieved. The residential properties would be assessed by the unit method. Standard (interior) residential lots would be assessed 1 unit and corner lots with only one side reconstructed would be assessed 0.5 units. There are 16 townhomes, 2 interior single family properties, and 2 corner lot single family properties. There is one vacant lot that would receive a deferred single family unit assessment that would be charged only if the lot is built on. The proposed preliminary assessment rates are summarized in the table below. Assessment Preliminary Preliminary Lot type units Assessment Assessment Rate Amount Townhouse 16 $980 $15,680 Single family lots (2 interior, 2 corner) 3 $1,960 $5,880 Total $21,560 The residents would have the option of paying the assessments before November 15 without interest or paying the assessments over a 10 -year period with interest. The interest rate on the preliminary assessment roll for the 2011 Street Improvement Project is 4.5 %, but is subject to change prior to the final assessment roll. It is anticipated that the final assessment roll will be presented at the September 6 meeting. In order to proceed with the addition of Stillwater Avenue and Meadowview Drive, Council would need to hold a public hearing for the affected residents and order the proposed improvements. Since the construction cost of the proposed project is less than 25% of the original street project contract, the street additions could be incorporated without rebidding. A possible schedule for the project is provided below. PROPOSED SCHEDULE (PRELIMINARY) June 7 Feasibility Study June 21 Public Hearing July through August Construction September 6 Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report to add West Stillwater Avenue and Meadowview Drive to the 2011 Street Improvement Project and order a public hearing to be held on June 21, 2011 at 7:OOPM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2011- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2011 STREE IMPROVEMENT PROJECT, (PROJECT 2011 -02). SCWIW erL Memo Community Development Department To: City Council rr� From: Michel Pogge, City Planner�[/�,dP Date: June 14, 2011 UUU��� '' Re: Facade Improvement Loan Program Message: In order to encourage building owners to make facade improvements to historic buildings in Downtown Stillwater, the City Council approved the establishment of a Facade Improvement Loan Program this spring and authorized up to $500,000 in TIF funding for the program. The first round of requests were due on May 13 and the City received a total of seven requests. The applications received are as follows: Fagade Program Funding Requests - Round 1 Applicant Address Year Built NRHP Amount Requested Se -Tac Properties, LLC 126 2nd St S 1910 -1924 No $ 66,650.00 Katherine Francis 120 Main St N 1882 Yes $ 43,580.00 Jeff and Jennifer Anderson 229 Main St S 1910 Yes $ 80,500.00 Scott Zahren 308 Chestnut St E 1910 -1914 Yes $ 19,275.00 St Croix Preservation Co Inc 101 Water St S 1890 Yes $ 21,805.00 Robin Partch 223 Main St N 1937 No $ 9,879.00 Mark Hansen 241 Main St S 1951 -1952 No $ 33,490.00 TOTAL > 1 1 1 $ 275,179.00 Attached to this memo is a summary and scope of work on each project. 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 Repayment All of the funding will be in the form of a special assessment (loan). Special assessments are for a period not to exceed 15 years and shall bear interest of 3.25 %. Each of the property owners has signed a waiver of the special assessment appeal, agreeing to the terms of the special assessment. Eligibility As approved by the City Council, to be eligible for funding the building must: 1. Be a commercial (income producing) property. 2. Be over 50 years of age. 3. Be located within the City's Downtown Stillwater Design Review District. a. Priority is given to buildings listed individually on the National Register of Historic Places and buildings listed as a contributing building to the Stillwater Commercial Historic District as listed on the National Register of Historic Places (NRHP). Eligible improvements (subject to City approval) must be visible from the public realm, and include, but need not be limited to: • replacement of missing decorative features • rehabilitation or replacement of historic rooflines including corbels of stone and brick, parapets of stone, brick, metal, or wood, and a variety of other decorative features • rehabilitation or replacement of doors and windows • removal of non - historic materials or additions • historic awnings • approved exterior lighting • historic preservation- related maintenance which requires specialized care or expertise, including tuck - pointing and cleaning • design and engineering fees related to the proposed improvements (maximum 10% of total costs) 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 Ineligible work includes, but may not be limited to: • Any interior work • Work done to a building's roof • Landscape improvements • Plants • Building improvements not visible from the public realm • Building additions / new construction • Improvements completed or in progress at the time of application • Building acquisition • Exterior painting, except for painting related to other eligible improvements • Routine maintenance The program has the following selection criteria: The City's Heritage Preservation Commission may utilize ranking systems or other determining factors to assist in the selection process depending on availability of funds and the number of applicants. A ranking system may include, but may not be limited to: historic significance and integrity of the property, demonstrated need, and the project's scope of work and compliance with historic standards. Such ranking systems may be modified at any time to meet the goals of the City. Approvals will be based on available funding, and the applicant's ability to complete the proposed project in a timely manner. Final awards will be made by the Stillwater City Council based on the recommendation of the Heritage Preservation Commission. The Heritage Preservation Commission reviewed all seven applications at their June 6th meeting. The HPC approved the associated design review applications and based on the selection criteria recommended that the Council fund each of the projects as requested. STAFF RECOMMENDATIONS That the City Council award the Facade Improvements Requests to all of the applicants based on the approved design review permits. 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 Project Summaries Project #1 Property Owner: Se -Tac Properties, LLC Project Location: 126 2nd St S Request: $66,650.00 Project Scope: 1. On Building A the plan is to: a. On the first floor they are planning to remove stucco to reveal stone. Some areas of stucco will need to remain and will be painted to match the stone. While removing the stone if they find that the stone below the stucco is in poor shape they will keep the stucco and simply paint it brown. b. On the second floor they plan to: i. Remove metal roping and metal brackets on the building. In looking at these items, staff believes they were part of a cable system to hang a banner across Chestnut; however, since the building across from it has long since been removed there is no use for it today. ii. Due to the condition and appearance of the brick on the east wall of the second floor the applicant indicated their desire to stucco it. In talking with them they have agreed to leave the surface open and simply clean it and complete some tuck pointing on the surface. iii. Fix the decorative metal on the parapet and paint as necessary. 2. On Building B the plan is to: a. Reface the entire building on both 2nd St and Chestnut St. The plans call for a wood storefront with windows and awnings. The upper portion of the structure will have a brick facing. 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 Project #2 Property Owner: Katherine Francis Project Location: 120 Main St N Request: $43,580.00 Project Scope: 1. Repairs to the pediment 2. Tuck point and repair the masonry 3. Replace three existing windows on the second floor with Marvin double hung windows with metal cladding that will match windows that were previously installed in the Excelsior Block Building. Since the Marvin metal clad windows currently exist on the building staff recommends that the owner be allowed to use these same windows to match what currently exist elsewhere on the building. 4. Replacement of the single pane storefront and glass in one of the exiting doors with double pane glass. 5. Total replacement of one of the doors with a commercial grade wood door. 6. Miscellaneous repairs and modifications. Project #3 Property Owner: Jeff and Jennifer Anderson Project Location: 229 Main St S Request: $80,500.00 Project Scope: The project calls for the reconstruction of the existing storefront along Main Street to include new wood store front including kick panels, display windows, door, new second floor windows, and new fabric awnings on the second floor. Additionally the plans call for modifications along Water Street and the south building elevation. Project #4 Property Owner: Scott Zahren Project Location: 308 Chestnut St E Request: $19,275.00 Project Scope: 1. The total replacement of seven windows with all wood Marvin windows. The exterior of the windows are proposed to be painted black. 2. Replace the existing awning with a new lateral arm frame and reusing the existing fabric. 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 Project #5 Property Owner: St Croix Preservation Co Inc Project Location: 101 Water St S Request: $21,805.00 Project Scope: New awnings Project #6 Property Owner: Robin Partch Project Location: 223 Main St N Request: $9,879.00 Project Scope: 1. Tuck pointing the front portion of the building. 2. Selective brick replacement on the front facade with brick that was salvaged when the building underwent the major renovations in the 1990's. 3. Replace a side door and two sets of french doors on the rear elevation where water is infiltrating into the building. 4. Extend a metal cap along the front elevation where the brick and metal sidewalls meet to prevent water infiltration. 5. Replace the wood trim around the side and bacchas plaster sculptures with a new bronze color aluminum boarder and back. Project #7 Property Owner: Mark Hansen Project Location: 241 Main St S Request: $33,490.00 Project Scope: 1. Replacement of the middle four double hung windows and the addition of awning above them. 2. The installation of fixed casement style windows that will replace four of the exiting double hung windows with the addition of a window box with iron support brackets that will extend out approximately one foot that will mimic balconies. 3. New storm door to the 2nd floor entry with a round awning over the entry. In discussions with the applicant, he has agreed to go to a square style awning over the entry. 4. Work on cleaning up the Marx sign. 5. Miscellaneous work. 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 CITY OF STILLWATER APPROVING FUNDING REQUESTS FOR THE FACADE RENOVATION LOAN PROGRAM WHEREAS, the City of Stillwater made a call for application for its Facade Renovation Loan Program; and WHEREAS, the City received a total of seven applications for funding through the program by the May 13, 2011 deadline; and WHEREAS, on June 6, 2011, the Heritage Preservation Commission reviewed the applications, found that the applications met the requirements of the Facade Renovation Loan Program, and recommended to the City Council that the applications be funded as follows: Facade Program Funding Requests - Round 1 Applicant Address Amount Requested Se -Tac Properties, LLC 126 2nd St S $ 66,650.00 Katherine Francis 120 Main St N $ 43,580.00 Jeff and Jennifer Anderson 229 Main St S $ 80,500.00 Scott Zahren 308 Chestnut St E $ 19,275.00 St Croix Preservation Co Inc 101 Water St S $ 21,805.00 Robin Partch 223 Main St N $ 9,879.00 Mark Hansen 241 Main St S $ 33,490.00 TOTAL > 1 $ 275,179.00 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the funding as outlined above; and BE IF FURTHER RESOLVED, that funding shall be from funds in City of Stillwater TIF District #1; and BE IF FURTHER RESOLVED, all of the funding will be in the form of a special assessment, shall run for a period not to exceed 15 years, and shall bear interest of 3.25 %; and Page 2 of 2 BE IF FURTHER RESOLVED, that the Finance Director is authorized to make payments for the project with appropriate documentation in accordance with the following schedule: • A ten percent payment after a building permit is issued. Payment will be based on the estimated cost of construction listed on the building permit. • A 45% payment at 50% completion. • A 45% payment at 100% completion and after a certificate of occupancy has been issued. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of June, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 1 U - iiilla I vi- a.) 0 65 • CD N = ' 0 1.._. CO 0 N L c J c a a> 0 0 __ +� woo t.: ], J CAas C U "`+ ' CO Q- Vir 4R, : 4 fi',&.? f -;, ✓Fy Ti_ I`° &. !:,• M ` I , .:: E - :, . , , 4; 3; 0_ +* � ' f , . ' - , 'S ^\ ' I. 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I 11011111111111 .1 .= !I 1 i al 0 0 i iti 111 114 aai 1.0 I_ IIIDT - .) a, z .-.,' t 4 8 1 .,“ '-'•75 11._ . . . , - ---. , - „ - .! ' . .. III Iiiiii iii il 1 < e a c...m. 1 3 a '3 g. -ali MI rz I IIIIIIIIIMPFG II 1i- : it if I P 11 lil ,!. g Ill 4 —_s, I l i . ir, ii i. h il I 1 lo r — NE!! 1 ml....4.1 1 I 1 II wi ligia,:„„„„„,„„„ii ..„„,„ ..,......." 1 i IP ,, !, i II I Ei 11 111111 III '' i 1 111 111111 1 1 iiinilln 7 il I !Li_ I IIIIIIIIIIIIIIIMIIIIIIIIIIIIII • Z ' 1 ._ ! . i g l t, E a 3 L_ 1 --. 1 11.11111111111 J- - 111. Per —1 7.:.1..T.Er.2.7,1 I _ _ gin ,._ 11111111111 1 fl 0 '-> 1 0 APPROVING PARKING RAMP AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between Richard J. and Judith M. Anderson (Lowell Inn). and the City of Stillwater for the Parking Ramp 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 21 day of June, 2011 Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk AGREEMENT THIS AGREEMENT made this 21st of June, 2011 by and between the City of Stillwater (City) and the Lowell Inn (Lowell Inn). 1. The City and the Lowell Inn are parties to a Development Agreement dated June 12, 2008 that provided for the conveyance of land by the Lowell Inn to the City for the construction of a Municipal parking ramp (Ramp). 2. The consideration for the conveyance was the establishment of a formula that amortized the value of the real estate conveyed over a period of years by allowing credits to pay for parking use in the Ramp by customers of the Lowell Inn. 3. Currently the Lowell Inn keeps track of validated coupons and several different types of passes and submits quarterly usage reports for room guests, dining room guests, employees, contractors, and vendors. The operational realities of administering the tracking and payment system for the annual fees is complicated and time - consuming for the Lowell Inn that they are proposing to pay a set annual fee instead. 4. The Lowell Inn proposes to pay 1% of its gross annual sales as its annual Ramp usage fee. In return they would be relieved of the obligation to submit actual usage reports. 5. The City agrees that at current rates, and based upon 2010 (the 11 months the ramp equipment was operational that year), the Lowell Inn paid $7,876.85 in actual use fees. During 2011 and subsequent years, it is estimated that (based upon the current fee schedule) the annual actual use fees would be $9,410.00. 6. That a base rate of $9,410.00 is hereby established payable pro -rata by the month beginning July 1st, 2011, or a rate of 1% of monthly gross sales, whichever is greater. 7. The gross sales will be verified by the City Finance Director with the Lowell Inn to provide copies of each filing of Minnesota Sales Tax Returns to the City Finance Director as the Returns are filed with the Minnesota Department of Revenue. Increases, if any, based upon 1% of gross sales will be payable with the next monthly payment. 8. The base fee will be adjusted annually to match the City's daily Ramp rates schedule. 9. The Lowell Inn agrees that the 1% will be disclosed to customers and not characterized as a tax, but as a "parking impact fee ". 10. This agreement may be terminated by either party upon thirty (30) days written notice to the other. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk -2- • LOWELL INN By: Richard J. Anderson Its By: Judith M. Anderson Its STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of June, 2011, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of June, 2011, by Richard J. Anderson, its and Judith M. Anderson, its , as duly authorized agents for The Lowell Inn. Notary Public This Instrument Drafted By: David T. Magnuson ( #66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 651 -439 -9464 main 651 -439 -5641 fax -3- !` Diane Ward From: Jim McKinney Uimtmck @msn.com] Sent: Tuesday, June 21, 2011 1:09 PM To: Diane Ward Subject: FW: Air handler noise Diane, John and Maddy MacIndoe asked me to forward this e-mail to you. We hope that it too can be included in the packet for the mayor, council, and Mr Hansen, in case they did not have time to digest it before the meeting. Thanks again. Jim McKinney 410 W. Rice St. Stillwater, Mn. 55082 651 - 439 -8228 (home) 651 - 226 -8914 (mobile) JimTMcKCa)msn.com Date: Tue, 21 Jun 201107:42:48 -0500 Subject: Air handler noise From: jhmd65 @gmail.com To: dmenikheim (b)ci.stillwater.mn.us jroush @ci.stillwater.mn.us kharycki @ci.stillwater.mn.us mcookCabci.stillwater.mn.us polehnausfamily.net LHansen0)ci.stillwater.mn.us We are writing to request in the strongest terms that the City Council deal quickly and effectively with the continuing noise problem caused by the air handler system in City Hall. The almost continuous mind numbing drone that fills our neighborhood continue to erode the quality of life that brought many of us to Stillwater in the first place. We have approached council members for the past 2 years about this issue and although we have heard that efforts have been made to abate the noise, the problem continues virtually undiminished. My wife and I have had to sleep in the -back bedroom of our house just to escape the noise which is quite audible even with our east - facing bedroom windows closed. During the day, what used to be pleasant hours spent outside gardening or relaxing around our patio or pool have largely lost their appeal due to the relentless noise coming from City Hall. In short, while we have been able to adapt to the symphony of sirens and even the motorcycle sounds going up Myrtle (which, by the way, have noticeably improved in recent years and we thank you), we are unable to do the same with the air handler'music'. If indeed Stillwater has a noise ordinance, it is hard to believe that City Hall itself is exempt. Our patience is wearing thin and we urge you and your fellow council members to fix this problem effectively and permanently. Most sincerely, Dr. John MacIndoe and Ms Madeleine MacIndoe 115 Harriet Street North, Stillwater Diane Ward From: Jim McKinney Uimtmck @msn.com] Sent: Tuesday, June 21, 2011 1:06 PM To: Diane Ward Subject: FW: noise from air - handling system Diane, I just sent this e -mail to the mayor, the council, and the city manager. But I fear they may not open their mail, or print it, before tonight's meeting. Could I ask you to make copies of this and put it into their packets before the meeting? Thanks for your help. Jim McKinney 410 W. Rice St. Stillwater, Mn. 55082 651- 439 -8228 (home) 651 - 226 -8914 (mobile) JimTMcK@)msn.com From: jimtmck @msn.com To: kharycki @ci.stillwater.mn.us CC: Ihansen @ci.stillwater.mn.us iroush @ci.stillwater.mn.us polehna(- ausfamily.net dmenikheim @ci.stil[water.mn.us upchestn uthi I I Pcomcast. net Subject: noise from air - handling system Date: Tue, 21 Jun 2011 12:53:29 -0500 Mayor Ken Harycki, (and members of the city council), This is to follow up the brief conversation that you and I had on the morning of the Stilwater Marathon a couple of weeks ago. - At that time I mentioned to you that I was surprised that the noisy City Hall air - handling system would be fired up with all of its industrial -sound glory at 4 a.m. on a holiday weekend, when the City Hall could reasonably be expected to be empty! We continue to be awakened between 4 and 5 every morning by the siren sound of that system. Despite the city's promises of a solution, we have basically seen no progress. The volume changes quite often, from a mere annoyance to a screaming dominance, but I suspect it has more to.. do with the wind, temperature, humidity, and the load on the system than anything the city has done to fix it. How many years has this been going on? When was the addition to City Hall completed? When was it that Mayor Kimble and a few council members came up here and agreed that the noise was excessive? I think the time has come to realize that the problem can't be addressed by simple tweaks to the air - conditioner; the system needs to be fixed! Carol and I can't decide which is more unsettling: the transition from peaceful early- morning quiet to the monotonic siren of that system, or its continuous wail through the day with a volume that rises and falls unpredictably, a bit like water torture! In the 39 years that we have been in this location we have dealt with a number of city- related noise s` issues. The Library fixed the bearings on its air conditioner. The Maple Island plant on Main Street closed, seemingly just as its manufaturing equipment was on its last legs. The troublesome rental units on Myrtle Street cleaned up their act, mostly eliminating the late- night /early- morning drunken domestic disturbances. The 4 a.m. Post Office slamming noises from the loading -dock elevator ceased when a new mail distribution center was opened. etc.,etc.,etc. But in dealings with City Hall, it always seems that legal action has to be contemplated before the problem is deemed to be sufficiently important to warrant attention. When the area behind city hall was being used as an ad -hoc dump (with a dumpster scraping up the refuse) or as a temporary dog - pound (with dogs barking all night) or as an early- morning salt /sand mixing site (with the attendant "beep- beep- beep" of the back -up warning signal), the neighbors finally consulted legal experts on our options. The most - affected neighbor moved out rather than face a protracted attempt to restore his peace and quiet; but happily for the rest of us, City Hall finally realized that the neighbors had a serious problem, and decided that a modern public works facility was required of a city this size. We hope it won't take a costly exploration of our legal options to bring City Hall to a serious discussion about fixing the wail that comes from the air - handling system. If the rest of downtown Stillwater can handle their A/C problems without generating a siren -like wail, surely City Hall can do likewise. Carol and I look forward to a response. We first want to know the city plan for eliminating this violation of the city noise - control ordinances. And then we expect updates, at least on a monthly basis, telling us of the progress being made on the plan of action. Thank you. Jim McKinney 410 W. Rice St. Stillwater, Mn. 55082 651- 439 -8228 (home) 651 - 226 -8914 (mobile) JimTMcKCa-)msn.com April 18, 2011 EEi ESI ENGINEERING, INC Mr. Rich Bornt 7831 Glenroy Road /Suite 430 Stillwater City Hall Minneapolis, Minnesota 55439 216 Fourth Street North Tel: (952) 831 -4646 Stillwater, Minnesota 55082 Fax: (952) 831 -6897 Internet: www.esi - engineering.com A Proposal for Professional Services for Outdoor Mechanical Equipment Noise Control Stillwater City Hall — Stillwater, Minnesota Dear Mr. Bornt: ESI is pleased to offer this proposal for professional engineering services related to outdoor mechanical equipment noise control at the Stillwater City Hall /Police Department in Stillwater, Minnesota. It is our understanding that an existing air - cooled condenser is mounted on the roof of the City Hall building. There are neighboring residences situated at a higher elevation which look directly onto the City Hall roof and the air cooled condenser. The neighbors like to have their windows open at night and are bothered by the condenser noise. You would like assistance in determining what can be done to reduce noise transmission to these neighbors. Based on aerial photos, it appears the nearest residential property lines are approximately 115 feet to the North and 80 feet to the East of the air - cooled condenser. The City of Stillwater has a nuisance noise code (Sec. 38 -3. Noise Control and Regulation) that states noise levels at a residential property line, between the hours of 10 PM and 8 AM, must not exceed 50 dB(A). This letter outlines a proposed working arrangement, scope of work and an estimated fee for consulting services related to the outdoor mechanical equipment noise control. For this proposal, we have assumed the following scope of work will be needed: 1. Gather information, including requirements, drawings, aerial photographs, etc., required to perform the services. 2. Measure the ambient and air cooled condenser noise levels at the residential property lines nearest the Stillwater City Hall. The air cooled condenser will need to be shut off during the ambient sound measurements. One site visit is planned for both ambient and equipment noise measurements. 3. Analyze noise measurement data. Establish design goals based on the measurement data and review with client. 4. Perform calculations and develop recommendations to meet design goals. 5. Prepare a summary report including recommendations, sketches, calculations and measurement data. The design of the proper noise attenuation methods may depend on building and site limitations that are beyond ESI's control. Involvement and coordination with other engineering disciplines (structural and architectural) may also be required. Mr. Rich Bornt April 18, 2011 Stillwater City Hall Page 2 Based on our current schedules, we estimate the work could be completed within three weeks after approval to proceed. ESI prefers to invoice on a time and material basis with a not -to- exceed fee for services. Our standard terms and conditions and rate sheet are attached. Cost of services outlined above are estimated not -to- exceed $6,000, including reimbursable expenses. The fee breakdown is as follows: Planning and site measurements $1,200 Data analysis $1,100 Calculations and development of recommendations $2,200 Report preparation and review $1,500 If final measurements with a summary letter are needed after recommendations are implemented, we estimate the additional fee will not exceed $1,600. We will be very pleased to work with you on this project. Please let me know if you have any questions regarding the scope or fee estimate. If the scope of work, proposed budget and terms are satisfactory, please sign this letter and return a signed copy, or advise me of the contractual arrangements necessary to formalize an agreement. Sincerely, ESI ENGINEERING, INC. Accepted by: 47 j• l ark-- Anthony J. Bax:er, P.E. Title: Date: Attachments A Proposal for Professional Services for Outdoor Mechanical Equipment Noise Control Stillwater City Hall — Stillwater, Minnesota Terms and Conditions ESI- ENGINEERING, INC. 1. Documents and Reports a. Recommendations and findings will be included in a summary report with calculations, sketches, cut sheets and other documentation as needed. Reports will be prepared in ESI format. b. It is understood the drawings and calculations will have been prepared by ESI for a specific purpose and for a specific project. c. ESI will assume no liability for use of these documents or any portion thereof, without our permission, for other projects or for subsequent additions to this project. 2. ESI's Responsibility a. ESI shall perform services undertaken according to this proposal with the City of Stillwater in character, sequence and timing so they will be coordinated with those services of all other participants in the project. In the same manner, ESI shall be provided with drawings, information and approvals to comply with the schedule. b. ESI shall recommend to the City of Stillwater the obtaining of such investigations, surveys, tests, analyses and reports as may be necessary for proper execution of our services. c. Unless formally specified in a written agreement, ESI shall have no responsibility for detailed construction inspection. d. ESI shall have no responsibility for acts or omissions of other contractors, subcontractors, or suppliers for the project. 3. Fee Proposal and General Conditions a. For services rendered, ESI shall be compensated based on a time and materials basis, and will be reimbursed for expenses incurred in the interest of the project. The reimbursable expenses associated with this project include ESI equipment charges, equipment rental, reproduction of documents, travel expenses, and mailing /delivery expenses. b. Approved services performed by ESI that are outside the attached Statement of Work will be charged on a time and materials basis, plus reimbursable expenses. c. The attached fee schedule shall remain in effect until December 31, 2011. The hourly rates on the fee schedule will increase 3% per year for each subsequent year, accumulatively until the end of 2013 or whenever the project is complete. d. Invoices shall be submitted monthly to the City of Stillwater and shall be payable within thirty (30) days from the day the invoice is received. e. This proposal shall be valid for 90 days from the date of the preceding letter proposal. ESI Proposal for Professional Services for Noise Control Page 3 Stillwater City Hall — Stillwater, Minnesota ar s- iv ESI ENGINEERING, INC. Three Paramount Plaza 7831 Glenroy Road /Suite 430 Minneapolis, Minnesota 55439 Tel: (952) 831 -4646 Fax: (952) 831 -6897 Internet: www.esi- engineering.com Fees for Professional Services January 1, 2011 ESI- ENGINEERING, INC Personnel Time Engineer I $190.00 /hour Engineer II 170.00 /hour Engineer III 140.00 /hour Engineer IV 125.00 /hour Technician I 85.00 /hour Noise & Vibration Testing Equipment Equipment Charge $300.00 /day ESI Proposal for Professional Services for Noise Control Page 4 Stillwater City Hall — Stillwater, Minnesota r Larry Hansen From: Nick Chaves Sent: Monday, June 20, 201111:10 AM To: Dustin, Laurie Cc: Larry Hansen Subject: RE: Conclusion of roof claim #1233143 Laurie, if you could send a copy of your release of all claims letter for Larry and I to review in case there might be some questions, before we set up a meeting to get it signed would be great Thank you, Nick Chaves City of Stillwater Assistant Public Works Superintendent 651 - 275 - 4103 651 - 275 - 4112 (Fax) From: Dustin, Laurie [ mailto :Laurie_Dustin @cinfin.com] Sent: Wednesday, June 15, 20119:23 PM To: Nick Chaves Cc: CMSEDOCS Subject: Conclusion of roof claim #1233143 Nick, I received a letter from Encompass stating that the roof has been inspected and repairs completed. I have invoices from Garlock French for $31075.96 and J.B. for $1750.00 for a total repair of $32,825.96. 1 am unaware of any additional expenses and would like to schedule to meet to have the Release of All Claims executed by the City of Stillwater in exchange for a check from Cincinnati for $32,825.96. Please advise me as to who I should schedule this with. If you have authority, let me know when you can meet with me. Thanks! Sincerely, Laurie Dustin, AIC Senior Claims Representative Cincinnati Insurance Company P.O. Box 578 Anoka, MN 55303 Phone (763) 323 -1503 Fax (888) 858 -6939 laurie—dustin@dnfin.com 7 June 6, 2011 Nick Chaves City of Stillwater n ch aves(a) ci. sti I Iwate r. m n. u s Re: Stillwater Public Works Building Encompass Project #: 09- 4027 -1 Dear Ms. Dustin: Encompa engineering consultants forensic analysis Encompass has completed a follow -up inspection of the roof at the Stillwater Public Works Building in Stillwater, Minnesota. On June 3, 2011, Jim Manfred, of Encompass, Inc. visited the site. Photographs were used to document the conditions. Our inspection consisted of walking and reviewing the repairs that were completed following our September 28, 2010 follow -up site inspection. OBSERVATIONS The repairs made to the Stillwater Public Works Building concerning the roofing issues are now complete. All defective and deficient conditions that were observed during Encompass' first site inspection have been adequately addressed by the contractor. This report is prepared based on observations and review of the material available as of this date. Our opinions may be revised based on the availability of additional data. Should you have any questions, please call. Respectfully submitted, ENCOMPASS, INC. Prepared by: Reviewed by: Jim Manfred Project Technician Kent Jones, P. E. Vice President RELEASE OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for the sole consideration of the completion of roof repairs to the City of Stillwater Public Works Building located at 3325 Boutwell Rd., Stillwater, MN, which were completed by Bruette Roofing, hereby acknowledges, do /does hereby and for my /our /its heirs, executors, administrators, servants, successors and assigns release, acquit and forever discharges Dew Corporation, Bruette Roofing Inc., and his, her, their, or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associates or partnerships of and from any and all claims, actions, causes of action, demands, rights damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has /have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about July 1, 2009 at 3325 Boutwell Rd., Stillwater, MN. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. This Release expressly reserves all rights of the person, or persons, on whose behalf the repairs have been made and the rights of all persons in privity or connected -with them, and reserves to them their right to pursue their legal remedies, if any, including but not limited to claims for contribution, property damage and personal injury against the undersigned or those in privity or connected with the undersigned. THE UNDERSIGNED HASA READ THE FOREGOING RELEASE AND FULLY UNDERSTAND S IT. Signed, sealed and delivered this day of - 1 2011 CAUTION: READ BEFORE SIGNING BELOW Witness Witness State of SS County of LS LS On the day of . 2010, before me personally appeared To me known to be the person(s) named herein and who executed the foregoing Release and Acknowledged to me that voluntarily executed the same. My term expires . 20_ Notary Public ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. • �tr' C Ater Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/21/2011 Re: Summer Tuesdays Attached is the Special Event application for Summer Tuesdays. As you may be aware this event has been transferred from the Chamber to Summer Tuesdays Inc., (Cory Buettner — Leo's, Chuck Doherty -Water Street Inn). They are planning to run it the same as in the past however with a focus on local merchants, local music and movies that start at dusk and will run until 11:00 p.m at the latest. The Downtown Parking Commission has reviewed the request for use of spaces. The parking spaces used would be 46 spaces X $9 X 6 nights = $2,484. Staff recommended $828 = 46 X $3 X 6 nights. A noise variance will be needed because the amplification will be later than 10:00 p.m., until about August when dusk comes earlier in the evening and should be included in the contract. Specific City costs are not listed in the contract because they are defined in the Special Event Policy. As part of the Special Event Policy, it should be noted that the following charges are separate and would not be included in the contract: Outlets: $20.00 X 1 outlet box X 6 dates = $120.00* Barricades: $2.00 X 4 barricades X 6 dates = 48.00 TOTAL CITY MATERIAL COSTS $168.00 *Applicant has informed staff that they will be sharing the portable restrooms and extra trash receptacles with Crusin on the St. Croix event that is held on Wednesdays. In summary, the applicant costs would include parking spaces at a rate determined by the City Council and City material costs of $168.00. This memo has been sent to the applicant (Cory Buettner) ACTION REQUIRED: Review memo and determine cost of parking space usage, direct staff to prepare the contract for Summer Tuesdays (similar to the Fire Muster contract). Being that the event starts July 12, if Council wishes, they could pass a motion adopting a resolution entitled "Approving 2011 Summer Tuesdays Contract" contingent upon City Administrator & City Attorney review of the contract. w ater EVENTS PERMIT APPLICATION 216 North 4 th Street, Stillwater, MN 55082 THE S I A T N ► l A CE OF M I N N E S O T A ) Telephone: 651- 430 -8800 Fax: 651 - 430 -8809 ncomplete applications or applications received after deadline will not be Of, ce use ON rccepted. See Event Instructions for application deadline and fees. Date Application Received Date of Application: �1 Type: Event Speclal Event Event w/ contract :vent Information Title /Name of Event . e / elf6 Event Date /Time: Set up: Date Time - to y Actual Event: Date Time to 7 Clean up: Date Time to 12 (Events after 10:00 p.m, require a variance from City Council Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) � tiff"+ %'! A f � Description of Event (please be specific - this information will be used to promote the event on the city of Stillwater website) / 7 t G» l �• c '° i ,l� C� �)'Lj ✓Gf 1 G1 !r / .y f ° 1k� %' r ��'' {.t�f "�7� j,/Z- %f ^:sry / /"�i�7, r''/;� Cf'I /j� /14;r? �.�>'"f't -fi ,!•E'.- G ✓.� >W�`'" `"s� Gcd* /, �/ ✓ it jrr %l �� Y.s7 Z` tot. LAG✓ +�° • ZFr' rF' fi ✓ a•a �,elfit��.vH�B,� ,,�• G'yT�,,,k -� ,• �.;. /[�Cii:/ % ��;G�p��fsz - z's � .• Estimated Attendabge (participants and spectators): Applicant Information (Person /Group Responsible) Sponsoring Organization Name: /�E'� 114eb �Z"C Mailing,Address: _ J City, State, Zip Code ;� /��.1 , Al Primary Contact /Applicant Name:- iti�'f%� i cr 4C � -- Phone Number `y %' f" Vii' �L G%7" !••.�? Y Phone: -'5 G 7. Email Address: Website Address: p g G �il� i1��'- Cell Phone: Z� Z14 a 'r Name of contact person Burin event: Z_� Alternate contact during event: / e 2 1 n , , Cell Phone: ...,12 Refer media or citizens inquires to: Phone: iite 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. :vent Features � , ��� ✓5� C��`i �' /tie c? f Will any signs /banners be put up No ❑ Yes fig Number and size: Will there be any inflatables? No Yes ❑ insurance certificate from rental vendor is required Will there be entertainment? No ❑ Yes Fees for electricity may What type: A e apply see Instructions Will sound amplification be used? No ❑ Yes ,gj Hours and Type: -- {�� Will a stage or tent(s) be set up? No ❑ Yes Er� Dimensions: �Li ✓ Will there be temporary fencing? No % Yes ❑ Will merchandise /food items be sold? No ❑ Yes How many Fees for electricity may vendors expected: apply see Instructions Will food be prepared on site? No ❑ Yes �_ Contact Washington County Health Department, 651 -430 -6655 Will cooking operations be conducted? NO Q Yes 5� Contact Stillwater Fire Deportment, 351 -4950 Will alcohol be served but not sold? No R< Yes ❑ See Alcohol Regulations in the instructions Will alcohol be sold? No Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No Yes ❑ Permit required, contact Stillwater Fire Department, 651- 351 -4950 Describe power needs and location of power source. Describe level of advertisement Oe, radio, flyers, ads, tv, press release). Attach sample if availably A/4 Si City Services (After reviewing the event application, city services maybe requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No ❑ Yes ❑ Start /End Time: Date: City Sidewalks or Trails No ❑ Yes Start /End Time: Date: Public Parking Lots or Spaces No El �❑ Yes ICJ Start /End Time: Date: Will event need barricade(s)? No ❑ .NJ:r 5,Ib51 yetis �,` Fees may apply Yes Number needed: X A-0 2- see Instructions . Will extra picnic tables be needed? No Yes ❑ Number needed: Fees may apply see Instructions Vill portable restrooms be needed? No � Yes ❑ Number needed:, ',;;. c • j,,L� Fees may a pp Jf / see Instructions Fees Vill extra trash receptacles be needed? No Yes ❑ Number needed: t�;, >- -�.f Sept sauctpols )escribe trash removal and cleanup plan during and after event:, , t T I rr.0 f 5 f e c'� " /z¢ enc, �.. c - // 1l > .`{� - •_ Nill event need traffic control? No Yes [] Contact Stillwater Police Deportmentfor assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of pa and spectators: kr" `i /.�(�...�'i /r 7� �fu� frs'•�tY>9/J -��d i.tisi�f"tfl.��ifi.�i. Will No Parking Signs be needed? No Fees may apply see instructions Ye 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 X 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: List any other pertinent information: 0 � : t?sWit'S • , e- 7�r c:.�,C 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 Stiliw ter and is f Liability. 1 Signa�ur of Applicant or Authorized Agent Date Stillwater,mn - Google Maps Page 1 of 1 /\ http: // maps .google.com /maps ?riz= 1I7GGIT en& oe= UTF -8 &q= Stillwater,mn &um =1 &ie= UTF- 8 &hq = &... 6/17/2011 c Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/16/2011 Re: First Reading of Ordinance Allowing Tap Room License for Brewery Attached is a proposed ordinance that reflects a recent addition to the Liquor Laws allowing breweries to have an On -Sale Tap Room License. This will allow the breweries to have on- sale capabilities to serve their product under the same operating hours of an On -sale Liquor license (such as Whitey's, Brines etc.), but if they want to serve on Sundays they will have to obtain a Sunday Liquor License ($200 license fee) as well. This Tap License is new license with no fee associated with it. I have checked with various cities however they are developing their process and fee, just as we are. I received a reply from the City of St. Paul and their fee will be $605.00. The Tap Room License hours of operation would be the same as an On -Sale License. If they chose to stay open until 2:00 a.m., they would have to complete the 2:00 a.m. license application as well. RECOMMENDATION: Because they are not able to sell the full liquor such as other establishments (just their own product), staff recommends a $500 license fee. However, should any of the breweries decide to establish a restaurant in their facility then the license fee for the Tap Room License should be raised as their licensed area may change, would need to be reviewed and inspected and resubmitted to the State. At this time the two breweries in town do not anticipate adding a restaurant. ACTION REQUIRED: If Council wishes to accept the staff recommendation, they should pass a motion approving the 1 reading of the ordinance and adopt a resolution setting the Tap Room License fee at $500.00. ORDINANCE 1036 AN ORDINANCE AMENDING SECTION 43 -71 OF THE STILLWATER CITY CODE BY AUTHORIZING THE ISSUANCE OF MICRODISTILLERY AND BREWER TAPROOM LICENSES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. A new section 43 -71, subd. 3 is added to the City Code that shall hereafter read as follows; "Subd. 3. The City may issue the holder of a Minnesota Brewer's License a Brewer Taproom License to authorize on -sale of malt liquor produced by the brewer for consumption on the premises or adjacent to one brewery location owned by the brewer. (1) a brewer may have only one taproom license and may not have an ownership of another brewery. (2) a Brewer Taproom License may not be issued to a brewer if the brewer seeking the License or any person having an economic interest in the brewer seeking the license is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually." 2. Amending. Section 43 -72, Fees, is amended by adding "Brewer Taproom License" between the words "on sale and off sale ". 3. Saving. In all other ways, the City Code will remain in full force and effect. 4. Effective Date. This ordinance will be in effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 5th day of July, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: • Diane F. Ward, City Clerk iliwater The Birthplace hrofMMinnesota MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: June 17, 2011 SUBJECT: Lease Agreement (Cayuga Property) The Lease Agreement for the former Cayuga property is set to expire on July 21, 2011. The term was a two year lease with the St. Croix Boat & Packet Co., Inc. at $1,100.00 per month. The last time the lease for this property was publicly bid, the only bidder was St. Croix Boat & Packet, as the use of the property is extremely limited by the St. Croix River Overlay District and our own City Ordinance. The use as a barge terminal, etc., is a grandfathered use. Enclosed for your review, is a table listing the limited number of uses for this property. Please note that the original agreement called for the tenant to maintain the Cayuga and the Frank E barge. In 2010, the City unilaterally elected to have the Cayuga cut up into scrap, to avoid a potential environmental disaster. The obligation to maintain the Frank E remained. This year, due to the flooding, we would have lost the Frank E if not for the efforts of the tenant. Please also note that the property has limited value on a year round basis (approximately 6 months) and yet the tenant pays 12 months per year. Recommendation: While it seems to be a waste of time and effort to rebid this lease when it could be renewed, we are ready to advertise and rebid if that is Council's choice. A longer term might also be appropriate to consider. /nm Potential uses of City's barge terminal property. This use table is what is permitted when the base zoning district of PROS (Park, Recreation or Open Space) is whittled down by the St. Croix River Overlay Zoning District. Use Permissibility Parks P Trails P Park Structures P Playgrounds P Nature Preserve P Dog Park SUP Public boat launch SUP Other passive recreational or natural open spaces P Parking lot ACC In addition, whatever uses are in existence today that are not allowed above are considered grandfathered. 1 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. 2 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. r LEASE AGREEMENT THIS AGREEMENT made this p /`day o 'i: 2009, between the CITY OF STILLWATER, Washington County, Minnesota, a H me Rule City of the Third Class ( "City") and ST. CROIX BOAT AND PACKET CO., INC., a Minnesota corporation, ( "St. Croix" and "Tenant "). 1. Recital. The City is the owner of real estate with frontage on the St. Croix River ( "Property "), part of which was formerly rented to Aiple Towing Company who operated a barge terminal facility from the site. 2. The Property. A portion of this Property is the subject of this Lease and is described on the attached Exhibit "A," the Property where currently a City owned barge entitled the "Frank E" is moored along with a City owned vessel known as the "Cayuga," a vessel that is held by the City for future use as a park facility, but that currently is in need of repair and maintenance. 3. Term. The City is willing to lease the site to Tenant by this instrument for a two (2) year term according to the terms set forth in this Lease Agreement. 4. Rent. As and for rent payable to the City during the term of this Agreement, Tenant will pay rent in the amount of One Thousand One Hundred and No /100 ($1,100.00) Dollars per month, payable monthly in advance of the first day of each month. Further, as additional "in kind rent," Tenant agrees to perform repairs and maintenance to the Cayuga and Frank "E" and maintain their flotation. Any use of the barge by Tenant or others will require prior approval of the City Administrator. 5. Appearance. Tenant agrees to maintain the physical appearance of the Property in its present condition and promises to erect no additional out buildings or structures on the Property. 6. Mooring. Tenant will be allowed to bring to the Property and moor on the Property any equipment and additional boats and vehicles as needed to reasonably maintain their business. 7. Snow and Brush Removal. Tenant will also be responsible for snow removal, and cut and trim brush and weeds, all without charge to the City. 1 8. Lock Out Gate. Tenant will maintain lock out gates to secure the Property and prevent public access to the Cayuga, the Frank E., and their business property. 9. Waiver. Tenant also agrees and waives, by this Lease, any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. Tenant, upon ninety (90) days written notice by the City, agrees to accommodate any such construction or impacts. In that event the City agrees to reasonably explore relocation of Tenant for the remainder of the Lease period as long as a relocation does not involve expense or charge to the City and the accommodation can reasonably be made. If reasonable accommodations cannot be made without charge to the City, Tenant agrees to vacate the Property leaving it in as good as condition as it is now found, waive any claim for material or work done to the Cayuga, the barge or the premises and this Agreement will be null and void. In that event, Tenant will be relieved from the payment of rents and will be released from further repairs to the barge or Cayuga. 10. Mooring Visitors. Tenant also agrees to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the St. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. This provision will be operative on a case by case basis and may not unreasonably disrupt Tenant's operations, or provide a competitor with an unreasonable advantage. 11. Insurance and Release. Tenant must insure the Property against all risks and provide the City with a certificate of insurance evidencing One Million Five Hundred Thousand ($1,500,000) combined single limits coverage on their operation, naming the City as an additional insured as their interest may appear. The City will either self insure the Cayuga with regard to marine risks including hull risks or, if feasible, as the Cayuga increases in value, secure marine insurance including hull coverage on the Cayuga. It is also agreed by the City that Tenant will not be responsible or liable for catastrophic, hull failure or damage to the vessels that results from tornadoes, flood, extreme rain or wind or collision caused by other vessels. 2 12. Prohibition Assignment. This Agreement and the rights granted hereunder may not be assigned or transferred by Tenant without the prior written consent of the City. 13. Conditions. This Agreement will not be effective unless all activities of Tenant have the approval of the United States Army Corps of Engineers and the Minnesota Department of Natural Resources, if required by law. IN WITNESS WHEREOF, the parties have set their hands this A/ )1y of 2009. CITY OF STILLWA By: K, P rycki, Its Mayor A ST: Diane F. Ward, Its City Clerk TENANT: ST. CROIX BOAT AND PACKET CO., INC., a Minnesota corporation By: Its: e STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this y of iict , 2009, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the CITY OF STILLWATER. ' et ( [PitA gir■cw--4— IGVHERRI M. ROGNESS Notary Public Novu�FJ8UC MINNESou MyC 01I3112010 3 J • STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The �re oing i t was acknowledged before me this day of Ilk( , 2009, by C , rk r 'Nuke r sth ( E(;) , duly authorized agent foiST. CROIX BOAT AND PACKET CO., INC., a Minnesota corporation. AUTARS PUSUGMW► Tq Notary Public ItYCommission Expires 01/31/2010 4 REQUEST FOR PROPOSALS 1. The City of Stillwater is the owner of real estate with frontage on the St. Croix River, which was formerly leased to Aiple Towing Company that operated a barge terminal facility from the site. 2. A portion of this frontage is the subject of this Request for Proposals and is described on the attached Exhibit "A" (the "Property "). A City owned barge entitled the "Frank E" is moored at the Property. 3. The City is willing to lease the site and is requesting proposals from interested parties. 4. A Proposer must agree to maintain and keep afloat the Frank E Barge during the term of a lease. 5. Proposers must maintain the physical appearance of the Property in its present condition and promise to erect no additional out buildings or structures on the Property. 6. Proposers will be allowed to bring to the Property and moor on the Property additional boats and vehicles as needed to reasonably maintain their own business. 7. The Proposer must agree to maintain a lock out gate to secure the Property and prevent public access to the Frank E Barge and their business property. 8. A Proposer must also agree to waive any claim that they might otherwise have to compensation as a lessee in possession under any state or federal law or rule should the property be needed to accommodate construction of an interstate bridge, bridge piers or abutments or other possible bridge construction impacts in the event the Property or any part of it is needed for bridge construction or bridge construction impacts or is affected by bridge construction impacts. A Proposer must agree upon ninety (90) days written notice by the City to accommodate any such construction or impacts of construction and for any other public purpose. 9. A Proposer must agree to reasonably accommodate, at the request of the City, any marine services who are temporarily working on public projects on the St. Croix River on a temporary basis and who are in need of loading, unloading or mooring vessels involved in this work. 10. Proposers must state the terms of a proposed lease subject to the above conditions and set forth the amount of rent and schedule of payments that they propose. 11. Proposers must contact Larry D. Hansen, City Administrator for further information, including information regarding expected lease payments and terms. He can be reached at Stillwater City Hall at 651 -430 -8801. 12. Proposals must be submitted to the City Administrator, Larry Hansen, at Stillwater City Hall on or before 4:00 p.m. on Friday, July 1, 2011. All responses to this request will be considered by the City Council at its regular meeting beginning at 4:30 p.m. on Tuesday, July 5, 2011. 2 I ptw wow msw. ilk. ; . `iP' I MIL rig* YON I ,I Elk mw . • nm 1" .. W palVI OW WOW >:odmt �t4 of P ILOPc� E [ vicinity Map (7 -o Ff of • • t 'a !y ` , ` 10 PS.. ' . • 0 103 9 Z A � xi _ e. . , _ �; Tj, k � 't, Sow in Fat f . -, to , " q" < U. -g, , , 8 , � ' N S i .:GOVT L0 �3 EAST Or EASTERLY 5 R/W CHICA NO RTHWE TER RF2, '' i 9, SUBJECTT NSP EASEME PER BK 275 DEEM PG 179 • q , � $ ^'' 1 ~ 4 (UNSPECIFIEDLOC,ATIOtO f • ? F"' 4. X 3 • R z1 ' : t ® F y 20 22 , 18 t� C : QV ) . 1 r MwPAa L �o 1 % S,,, G a y 1 • P�BK AOOEE06 P6A ' •: J .x 6 ( Location Map r a = .- tr} j r "'tea..".,.' __ . 4 4, i 1i � ter Hi 8 M' H P E OF MINNESOI A Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Thursday, June 16, 2011 Re: Housing Action Plan Message: The City of Stillwater has historically participated in the Metropolitan Council Livable Communities Act Local Housing Incentives Account (LHIA). The goals of LHIA are to help create and preserve affordable rental and ownership housing throughout the region for low- and moderate - income households at all of life's stages, and to support residential reinvestment and redevelopment to achieve economically healthy and livable communities. In order to remain eligible for grant funding through the LHIA program the City needs to update it Housing Action Plan based on the newly adopted comprehensive plan. To remain eligible for grant funding in 2011, the City Council needs to submit the Housing Action Plan to the Metropolitan Council by June 30, 2011. The attached housing action plan takes the housing chapter from the comprehensive plan and simply updates much of the data through 2010. Additionally, the implementation section was expanded to reflect the activities the City currently undertakes in maintaining and expanding affordable housing in our community. Staff Recommendation That the City Council approve the attached Housing Action Plan. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4 Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us CITY OF STILLWATER APPROVING THE CITY OF STILLWATER HOUSING ACTION PLAN WHEREAS, the City of Stillwater participates in the Metropolitan Council Livable Communities Act Local Housing Incentives Account (LHIA) ; and WHEREAS, in order to remain eligible for grants from the LHIA the City is required to update and adopt a new Housing Action Plan based on its new 2030 Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Housing Action Plan, as on file with the City Clerk. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of June, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City of Stillwater Housing Action Plan ' "r ^ YI771 :.°"t ... Thomsen. Introduction T he City of Stillwater elected to be a participant in the Livable Communities Act Housing Incentives Account (LCA Housing Action Plan Contents LHIA). Participation is voluntary and provides opportunities to compete for grants and loans to support activities that assist Introduction 1 in meeting the City of Stillwater's housing goals, polluted lands Goals, Objectives, Policies clean up and link housing to transit areas. & Programs 2 Housing Profile 3 As a maturing community Stillwater has its share of challenges Growth Projections and Land Availability and opportunities to maintain historic but aging housing stock, 9 while simultaneously providing housing choices and life -cycle housing for all of its residents. Housing Affordability 9 Implementation 12 Stillwater has a wide variety of housing types to serve the needs of residents of different ages and income levels. The 2030 comprehensive plan showed housing densities and types can be found in a wide range from Downtown Stillwater to the still- developing western edge of the community. Demographic trends suggest that the metro area will see an increased demand for smaller, more efficient housing units as baby boomers retire and make different housing choices. With its unique access to amenities such as the river and retail options, Downtown Stillwater is uniquely situated to meet a portion of this demand. While growth rates may not equal those seen in the late 90's and early 2000's, Stillwater's remaining developable parcels on the west side of the city will likely be developed during this planning period (2010- 2030). The housing types and densities seen in these developing areas will be similar to existing housing stock in the area: a mixture of detached single - family units and townhomes. ❑ CITY OF STILLWATER ❑ IIIIIiII l l l l l l l l l l l l l llllllllllllllll l l l l l l l l l l l 111 I IIII II I III I III I I IIII III I II 1 1 1 1 1 1 1 IIII I I II I I IIIII III I I I I I I I I I I I I I I I I I I I I 1 1111111 I I I I I I I I I I I I I I I I II I IIIIIIIIIIIII I I I I I I I I I I I I I I I I I I IIII IIIIIIIIIII I I I I I I I I I I I I I I I I I IIIII I IIIII I IIII IIIII I I I Ii11111111111111111111111111111111111111111111111111111111111111II111i11111111111111111111111111111111111111111 Housing Action Plan This plan is intended to meet the requirements of developments and cluster housing to the Metropolitan Livable Communities Act as well maintain open space character and provide as describing the direction of housing policy in the a mix of housing types. City of Stillwater. • Preserve Stiliwater's desirable small town character by planning residential Goals, Objectives, Policies & Programs development and the establishment of The following goals have been reviewed and neighborhood character in new areas. approved by the City Council and reflect the • Designate multifamily housing sites in recommendations from the sub - committees and areas with residential services including the committees charged to refine the goals, objectives, Downtown area. policies and programs. Special Housing Needs Goals • Support the provision of a supply of affordable housing for the elderly, physically Goal 1: Provide a quality living environment for and mentally handicapped and others with the residents of Stillwater by maintaining and special housing needs who wish to live in improving the city's existing housing stock and by Stillwater. planning for a range of new housing opportunities. .Encourage housing for a range of household Goal 2: Provide a balanced choice of housing income and age levels where local services types and densities suitable to a wide range of are available. demographic groups, with a focus on life cycle • Work with the Washington County HRA to housing. provide affordable housing for the elderly and families. Objectives • Encourage market rate rental apartments Residential Character /Housing Conditions as an element of mixed use projects in the • Adopt housing/historic preservation Downtown area. regulations and performance standards to • Locate multifamily and attached housing maintain the city's existing housing stock. close to community services and public • Enhance the livability of residential areas parks. through development controls and the provisions of public facilities and services to New Residential Development meet the needs of the neighborhood. • Design local streets, in area plans and • Maintain the mix of housing types and through subdivision design, to provide for tenure in Stillwater's older residential areas. neighborhood access and limit through • Continue to assist the Washington County traffic. HRA in the administration of the housing • Provide for neighborhood convenience rehabilitation program to maintain the store locations within walking distance existing older housing stock, maintain of residential areas without negatively neighborhood character and the diversity impacting those residential areas. and supply of moderate cost housing. • Designate residential densities and housing • Retain the unique and /or historic character types sensitive to natural resources and land of existing residential areas. conditions. • Explore development concepts such • Use the planned unit development process as higher density infill, mixed use for reviewing innovative development concepts and protecting natural resource CITY OF STILLWATER o 2 Housing Action Plan areas. strategy for households needing assistance. • Provide single family, large lot and small Program 3: Attempt to meet regional lifecycle lot and attached housing in the annexation housing goals for the City of Stillwater. area. Policies Housing Profile Policy 1: Review affordable housing needs and Total Units & Unit Type develop a method of better matching needs to As seen in Table 1, the majority of housing units supply. in Stillwater are traditional single family homes (1 -unit detached homes). The second most Policy 2: Maintain the city housing stock in good common type is a 1 -unit attached home, which condition. includes such housing types as townhomes or Policy 3: Support efforts of Washington County row homes. Stillwater has relatively few multiple - Housing and Redevelopment Agency in providing unit structures such as apartments, and no mobile assisted housing at appropriate locations. homes. The percentage of multiple -unit buildings has increased however with the recent construction Policy 4: Attempt to disburse assisted housing of new condominium projects in downtown throughout the community. Stillwater. Policy 5: Locate assisted housing near transit lines and public parks. Policy 6: Participate in Minnesota Housing Finance Table 1 : Units in Structure - 2007 Agency (MNHFA) programs that provide housing assistance. - Policy 7: The city shall participate in available Units in Structure Number Percent housing rehabilitation programs. Policy 8: The city shall endeavor through the 1 -unit, detached 4,920 69 development design review process to maintain 1 -unit, attached 316 4.4 and enhance Stillwater's community character 2 units 86 1.2 and housing quality. This shall apply to new and rehabilitated housing. 3 or 4 units 464 6.5 Policy 9: Utilize the future land use map to 5 to 9 units 246 3.4 designate residential sites appropriately located for 10 to 19 units 252 3.5 a range of housing densities. 20 or more units 852 12 Mobile home 0 0 Programs - Source: City of Stillwater Program 1: Explore using TIF and other funds to provide housing rehabilitation grants to very low and low income senior owner occupied housing needing rehabilitation assistance. Program 2: Work with local lenders, Washington County HRA, MNHFA and other housing agencies to provide a comprehensive housing assistance ❑ CITY OF STILLWATER ❑ 11111111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11111111111111111111111111111111111111111111111111111111111111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l l l l l l l l l l l l l l l l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Housing Action Plan 3 Housing Tenure The American Community Survey, part of the US As of April 15, 2010, there were 7,576 housing units Census, is completed every year. However, this in Stillwater; 5,411 of these units, or 76.5 percent, updated data set is not available for the City of Stillwater, only for Washington County as a whole. are owner - occupied. Table 2 shows housing tenure in terms of total units and percentage. Housing Looking at this data for Washington County can tenure refers to whether the unit is owner or renter still show a general pattern for housing tenure. This occupied. The 2010 census showed that the city seen information is valuable for showing the pattern a slight uptick in the number of rental occupied vs of need for rental and owner - occupied housing owner occupied housing units in the community. throughout an individual's lifecycle. Figure 1 shows the number of owner and renter households Table 2 : Housing Tenure by the age of householder. Type No. of Units Percentage The red line in the figure shows the rate at which Owner - occupied 5,411 76.5 households are renting their homes. This clearly Renter - occupied 1,664 23.5 shows that throughout the lifecycle, there is a need Source: 2010 Census for both rental and owner - occupied housing. Over fifty percent of Washington County residents age 85 and older rent rather than own. Figure 1: Tenure by Age of Householder, Washington County, 2006 25,000 70% 58% 60% 20,000 50% - 50% rn 15 000 m - 40% a 6 9% 29° :° = 10,000 30% d 20% 5,000 fi 4 67° 6 ° [ 10% Llit I I-, I . 0% 15 -24 25 -34 35-44 45 -54 55 -59 60-64 65 -74 75 -84 85+ NEI Owners o Renters Rental Rate Source: US Census o CITY OF STILLWATER o 1 111111 I I I I I I I I I I I I I I I I I I I I 1 111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1111 I I I I I I I I I 11111111111 1 1111111111 I I I I I 1111111111111 I I I I I 1111111111 I I I I I I I I I 111 I I I I I I I I I I I I I I I I I I 1 111111 1 1111111 I I I I I I I I I I I I I I 1 111 I I I I I I I I I I I I I I I I I 111 I I I I I I I I I I I I I I I I I 111111111111111 1 111 i l i i 111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1111 1 111111 1 1111111111111111 1 111 I I I 1 111111 I I I I I I I I I I I 4 Housing Action Plan Age of Housing Stock Building Permit Trends According to the Washington County Housing Table 4 shows the number of residential building Study, completed in 2007, the housing stock in permits issued each year between 1997 and 2010. Stillwater has a wide range of ages. Table 3 shows The City experienced a peak in new residential the age of renter and owner occupied housing in permits between 1999 and 2004 before leveling Stillwater. out in 2005. The city experienced a high in 2000 with 222 residential permits issues. In 2010, 45 Table 3 : Age of Housing Stock residential permits were issued. This peak is clearly Pct. of demonstrated in Figure 2, showing the same data. Period Housing Table 4 : Residential Building Permits 1997 -2010 Stock ,. Before 1950 23% Single Twin Condo/ Multi - GJ Family Home Townhouse Duplex Family Total ,., . 1950 -1969 12% ' wnouse u p or 0. 1997 9 2 0 1 0 12 3 V 1970 -1989 26% 1998 37 8 0 0 0 45 0 0 1990 -2000 18% 1999 106 17 0 1 0 124 2000 122 4 96 0 0 222 2001 104 0 83 0 6 187 Before 1950 2% 2002 104 7 80 0 1 191 2003 104 2 71 1 0 178 v 1950 -1969 10,0 2004 60 0 58 0 1 118 • v 1970 -1989 3% 2005 48 0 14 0 0 62 0 2006 45 0 8 0 0 53 1990 -2000 6 % 2007 22 0 18 0 0 40 Total 100 " /0 2008 42 0 18 0 0 60 2009 18 0 16 0 0 34 Source: Washington Counhj Comprehensive 2010 37 0 8 0 0 45 Source: City of Stithontcr Housing Needs Assessment; 2007 Figure 2 : Residential Building Permits 1997 -2010 250 T —. - -- ____ _ 200 - • Multi - Family 150 ■Duplex a Condo/ Townhouse 100 •Twin Home • Single Family 50 O ■ f f ' 3 T T T 1 i ( i 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 ❑ CITY OF STILLWATER ❑ I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII. iI IIIIIIIIIIIIIIIIIIIIIIIIIIIII.... IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II III. III1111111IIIIIIII, IIII IitIIIIIIIIIIII,..111IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII ..111111.1IIIIIIIIIIIIIIIIIIII nffi11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Housing Action Plan 5 Sales and Market Value The period between 2000 and 2010 has seen a steady increase in the number of units sold followed by a dramatic decrease starting in 2005. This decrease is in line with housing trends across the metropolitan area and nationally. Figure 3 shows sales of attached and detached housing units over the previous planning period. While this information makes planning for the future difficult, it is likely that sales will increase in the next planning period (2010 — 2030). Stillwater is also nearing full build -out, and this fact may limit the detached housing being constructed and sold in the city. Figure 3 : Housing Sales 2000 - 2010 400 — 350 - 300 —�► 250 — — 200 150 100 50 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 —r- -Sales of Attached Housing —0—Sales of Detached Housing Source: Northstar MLS ❑ CITY OF STILLWATER ❑ I I I I I 11111111 I I I I I I I 1 111 I I I 111111 1 1 1 1 1 1 1111111111111 I I I I I 111 I I I I I 11111 1 1 1 1 1 111111111111111 1 11111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 11111111 I I I I I I I I I I I I I I I 1 1111 1 1111 I I I I I I I I I I I I I I I I I I I I 1 1111 I I I I I I I I I I I I 1 1111 1 1111 1 1 1 1 1 111111 I I I I I 11111111111111 1 11111111111111 11 111111 I I I I I I I I I I I I I I I I 1 1111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1111111111 I I I I I I I I I I I I I I I 6 Housing Action Plan Between 2000 and 2005, the market value of housing in Stillwater seen a steady increase. Like many communities prices have been volatile starting in 2006. One measure of market value is price per square foot, which is useful because it controls for the size of homes, rather than showing sales price irrespective of size. Figure 4 shows the median price per total finished square foot of attached and detached homes in Stillwater since 2000. Figure 4 : Median Price Per Total Finished Square Foot 2000 — 2010 $180.00 — $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $40.00 $20.00 $- 4 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 —4—Attached Housing —11—Detached Housing Source: Northstar MLS ❑ CITY OF STILLWATER ❑ Housing Action Plan 7 • After hitting a peak in 2005, price per square foot has leveled off for attached housing and continues a downward trend for detached housing. This trend could be due to an oversupply of housing, or a tightening of credit markets, or both. Median sale price hit a peak in 2004 for attached housing and 2006 for detached housing. While attached housing values have since returned to their previous levels, detached housing is showing a decline in median sale price given data available through 2010. Prices remain volatile for both housing types. Figure 5 shows median sale price of housing since 2010. Figure 5 : Median Sale Price 2000 - 2010 $350,000.00 — — — $300,000.00 — — — $250,000.00 - -� —.rya AIL � $200,000.00 �� --- -- — $150,000.00 -- $100,000.00 $50,000.00 — - - - - -- $ — - 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 —4—Attached Housing —0—Detached Housing Source: Northstar MLS 0 CITY OF STILLWATER El 8 Housing Action Plan Growth Projections and Land What is affordable housing? Availability There are several different definitions of affordable Due to the fact that Stillwater is nearly fully housing. The definition most frequently cited and developed, new growth in residential units will measured in this report is that housing is affordable occur mainly in remaining vacant sites in western if households do not pay more than 30 percent of Stillwater and through redevelopment. Table 5 their income on housing related costs. (Defined by illustrates the remaining developable acreage and the Federal Housing and Urban Development or associated density and resulting potential units. "HUD "). Housing related costs include such things More discussion as to how these land uses were as mortgage or rent payments, taxes, insurance, determined is available in Chapter 2 Land Use of the basic utilities, and other related housing costs. This Stillwater comprehensive plan. leaves the remaining income to pay for other goods and services such as clothing, food, child care, With the potential for 1,496 new households and transportation and medical expenses. given the city's estimated 7,136 households as of January 1, 2007, Stillwater could reach 8,632 When households have incomes at or below 80 households by 2030. The Metropolitan Council percent of the area median income (AMI) home projects that the city will grow to 8,600 households ownership becomes a challenge. This household by that time. group tends to pay more than 30 percent of its income on housing and has less disposable income Housing Affordability to pay for other goods and services. Also, those One of the most important factors in analyzing the residents with lower incomes have significantly housing stock is its affordability and marketability. fewer housing choices to meet their family needs. Stillwater has a good supply of affordable housing In addition to income, the age distribution of stock within its existing and older housing stock. households (older residents staying in their homes This is due to the age of the housing as well as longer) has an effect on the availability of homes the size of the homes, particularly in the older that are affordable. neighborhoods. These same factors also contribute the city's marketability and housing value. With older and smaller homes, the average market value is less than that of the newer construction. It will be important to help homeowners to maintain this housing so it remains affordable. Table 5 : Residential Land Availability and New Units through 2030 Net acres Density Assumed Total potential Existing Total Net New New range density units units units 2010 -20 2020 -30 LDR 115.1 1 - 4.4 3 329 14 315 190 125 LMDR 185.8 4.4 - 9.7 4.4 818 13 805 480 325 MDR 45.1 6 -14.5 6 349 0 349 210 139 TOTAL I 346 I 1 1 1,496 1 I 1,469 1 880 I 589 1 Net acreage is gross minus steep slopes and wetlands. 2 3 units /acre for 51.1 net undeveloped acres, plus 136 currently available vacant LDR lots, plus 40 new in- fill units in the Minar Ave large lot neighborhood. 3 4.4 units /acre for 111.8 net undeveloped acres, plus 326 currently available vacant lots. a 6 units /acre for 32.1 net undeveloped acres, plus vacant developed sites for 78 MDR units. ❑ CITY OF STILLWATER ❑ Illiliilllliiiiiiii llllll111 . lllllllllllllililiiliillllll IIIIIIIIIIIIIIIIIIIIIIIIllililii IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIIIIIIIIIIllliililii IIIIIIIIIIIIIIIIIIIIlili uffinilllliilllllllllllllillilll111lllil i lllll mililllllii lii11itllllllllilllil.... l.. 111 Housing Action Plan 9 The area median income (AMI) for 2006 was Table 6 : Recent Affordability Thresholds $78,500; 80 percent of median was $62,800. To be Affordability Threshold for considered affordable in 2006, annual housing Year Housing related costs would need to be no more than 30% 2006 $201,800 of $62,800 or $18,840 ($1,570 per month). In terms 2007 $206,800 of home ownership, $1,570 per month would allow 2008 $214,900 the purchase of a home valued at $201,800 and still 2009 $233,000 cover all related housing costs such as mortgage, 2011 $160,250 taxes, insurance, basic utilities, and other related - housing costs. *Starting in 2010 the afforability threshold was cluznged from 80% of the area median income (AMI) to Between 1996 and 2005, 184 affordable rental units 60% of the AMI. were built in Stillwater. This is 76 percent of all the rental units built in Stillwater during the same the split between those above and those below the timeframe. Of the 1,155 ownership units that were affordability threshold. built between 1996 and 2005, 128 or 11 percent of them were affordable. Since 2006, the total percentage of affordable sales occurring in Stillwater has increased each year. If a Sales for each of the previous three years were similar split percentage of affordable sales occur in analyzed for affordability. Figure 6 shows the split Stillwater through the end of 2008, the City will have between sales above and below the affordability seen nearly 30% of the units sold being designated threshold identified for each period. Red bars as "affordable" by the Metropolitan Council. show the total sales (attached plus detached) and Figure 6 : Percent of Sales Above and Below the Affordability Threshold, January 2006 - June 2008 100% 90% • • '1 70% 60% 11 M II 1 IIII 1 50% III 40% • 194 . 260 184 236 61 30% 66 • 52 � IN IIII Mil MI � 15� �76 20% El IIIII III IIII 11111 IN -- 10% Ill Ill ill IIII IIII IIII MI IIII y I 0 H 0 I I' . F 0 H ca ca ca m o Q I 0 Q 1 p Q 2006 2007 2008 • Sales Above Affordability Threshold ❑ Sales at or Below Affordability Threshold 0 CITY OF STILLWATER ❑ 10 Housing Action Plan Livable Communities Act In general, Stillwater has responded to this In 1995 the State Legislature created the Livable need in the past and is planning to work toward this goal by continuing to encourage Communities Act (LCA). The goal of this program infill development that occurs at higher is to stimulate construction of affordable hous- densities and makes affordable housing ing within the seven - county metropolitan region. more economically feasible. The City is also Metro area communities were asked to participate guiding some developing areas of the city in voluntarily and Stillwater has been a participant western Stillwater at higher densities. since its inception. Once they choose to partici- pate, communities negotiate life -cycle housing Action Plan for Affordability goals with the Metropolitan Council. Various grant The City is creating a land use plan which programs were established to assist local govern- identifies areas of density from 4 -9 dwelling ment in meeting their goals. units /acre for Low - Medium Density, 6 -15 dwelling units /acre for Medium Density and 2020 LCA Goals 12 dwelling units /acre and greater for High As part of the 2030 Regional Development Density where most affordable housing will Framework, the Metropolitan Council estimates occur. Barriers to development of affordable that approximately 50,000 additional affordable housing still exist in the region as well as in housing units will be needed in the region during Stillwater. Some of these barriers are beyond the planning period of 2011 -2020. The Metropolitan the City's control including: Council will be working with communities to • Steady increases in land prices. adopt new agreements in 2011 for the next ten year • Increase in construction costs. When cycle. In order to do this the Metropolitan Council combined with land prices, it becomes conducted the study "Determining Affordable more difficult to provide affordable Housing Need in the Twin Cities 2011 - 2020." units through new construction. With this new plan the Metropolitan Council has • Physical limitations of land due to changed their definition of affordable housing from wetlands, poor access, poor soils of 80% of area median income to 60% of area median that would increase the cost of land income. The study then described an allocation development or construction thus method to all communities within the region based making it more difficult to build on the following four criteria: affordable units. • Household growth potential • Limited amount of remaining • Ratio of local low -wage jobs to low -wage developable land. workers • Higher costs for redevelopment. • Current provision of affordable housing • State, county and local tax structures. • Transit service Based on their analysis, the Metropolitan Council's new affordable housing goal for Stillwater is to create 233 new affordable housing units between 2011 and 2020. The affordability limit for these 233 units is 60% of area median income for both owner and renter occupied. ❑ CITY OF STILLWATER ❑ Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Housing Action Plan 11 Implementation • Support and actively promote 1st Time Homebuyers programs to assist new Housing Strategies and Recommendations homeowners entering the market for The following Housing Action Plan identifies efforts existing homes. Stillwater will pursue to create opportunities to maintain the existing housing stock, and to provide •Utilize the city's website, newsletter and increased housing options for future residents. other sources for promotion and advertising These strategies are designed as a resource tool for of housing programs. specific measures the City can effectively undertake • Study the feasibility of establishing a and enforce while others are designed as tools to program to require a property inspection encourage developers to incorporate affordable and disclosure report before residential housing into future development. As future property changes hands. subdivisions are proposed, the City will use these • Adopt a rental licensing program and resources and implement the strategies in working maintain enforcement efforts. with developers to create new affordable housing opportunities. Special Needs Housing: Improve the availability of affordable housing and senior housing: The strategies and recommendations are reflected • Seek housing developers to work by community goals based on three main objectives cooperatively with the City to construct as listed in the beginning portion of this chapter: affordable units. residential character/housing conditions, special housing needs, and new residential development. • Participate in the Livable Communities Act Many of these items are things the City itself can Local Housing Incentives Program. do, while others will occur through partnerships • Consider designating a portion of Tax the City will seek to provide for and maintain Increment Financing to fund activities that housing quality and increase affordable housing increase new affordable housing. opportunities. • Utilize techniques, such as land trusts, to maintain long -term affordability. Residential Character /Housing (existing) • Partner with, support and market programs Conditions: offered by the County, State, MHFA, Federal Promote housing rehabilitation: Government and non - profits to fund the • Adopt stricter design regulations and development of affordable housing. performance standards, as ordinance • Complete an assessment of senior housing requirements, for all historic neighborhoods needs in the community. and homes. • Support Washington County HRA Section 8 • Support and actively promote housing voutcher program within the City. rehabilitation programs for existing owner- • Continue to support Washington County occupied homes and rental buildings or & the Greater Metropolitan Housing units in historic neighborhoods. This Corporation's no interest deferred home includes promotion of County, State and loan program. non -profit programs. • When approached, continue to support • Support and actively promote housing conduit revenue bonds and Housing rehabilitation programs for existing owner- revenue bonds for the creation and retention occupied homes and rental buildings or of affordable housing. units. This includes promotion of County, State and non -profit programs. ❑ CITY OF STILLWATER ❑ 1 1111111 1 1 1 1 1 1111111 I I I I I I I I I I I I 1 11111111 I I I I I I I I I I I I I I I I I I 1 111111111 I I I I 1 1111 I I I I 11111111 1 1 1 1 1 1 1111 1 1111 1 111111111 1 111111 1 11111 I I I I I I I I I I I 111 I I I I 1111 1 111 11 1111 I I I I I I I I I I I I I I I 1 11111111 I I I I I I I I I I I 1111111 1 111111111 I I I I I I I I I I I 1 111111 1 1111111 11 1111 1 1 1 1 1 111111 I I I I I I I I 1 1111111 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 11111 I I I I I I I I I I I 11111 11 11111111111 1 111111 12 Housing Action Plan • Continue to fulfill the City's affordable and Life -Cycle Housing Opportunities Amount. New Residential Development: Promote a wide range of housing types, styles, densities and choices to meet life cycle housing needs. • Use the land use plan as a tool to provide a variety of residential land uses in a range of densities, concentrating higher density opportunities along major transportation and transit corridors and around future job centers. • Update the zoning ordinance and subdivision ordinance to remove impediments to affordable housing. • Periodically review land use regulations to determine the effectiveness of current ordinances in encouraging additional affordable units as well as encouraging modifications to keep the existing housing stock desirable and livable. • Ensure that all new housing, including high density, adheres to the highest possible standards of planning, design and construction. • Allow the creative use of site planning or PUDs that provide flexibility for development containing affordable housing such as a reduction in lot size, setbacks, street width, floor area and parking requirements. • Encourage innovative subdivision design including clustering techniques to preserve open space or natural features. o CITY OF STILLWATER Housing Action Plan 13 FRI STILLWATER TOWN BOARD MEETING June 9, 2011 Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson, Sheila -Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Nolan Wall, Treasurer Marsha Olson, Park Manager Rick Jacobson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Untiedt /Countryman moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M /S /P Johnson /Countryman moved to approve the 5/12/11 Stillwater Town Board meeting minutes as written. (4 ayes, Untiedt abstain) 3. TREASURER a) Report given. b) Schedule Audit Report - The draft report was distributed. One issue is that we do not have proper segregation of duties with respect to cash. The report is due to the State Auditor's office by June 30 Supervisors will review the draft report and contact Treasurer Marsha Olson if they see any issues that would need to be addressed. c) Collateral on Checking Account - We have collateral on our checking account which is non - interest bearing. US Bank would like to be released. We would keep the collateral on our savings account. We are insured by FDIC for up to $250,000. d) Checks and Claims - The following checks and claims were approved for payment. Claim # Vendor Amount 41567 MFRA $ 2,294.50 41568 MJ Raleigh Trucking 12,844.04 41566 Jack Kramer 4,020.40 41569 Kathleen Nelson 51.55 41570 Stephen Nelson 785.00 41571 On Site Sanitaton 229.77 41572 QWEST 101.20 41573 Robert P Ranalla Sr 8.00 41574 Kathryn Schmoeckel 94.20 41575 Stillwater Gazette 97,96 41576 Bonnie P Stone 158.39 41577 TKDA 1,685.59 41578 Washington Co. Taxation Division 12,775.68 41579 Xcel Energy 99.39 41580 Minnesota Department of Revenue 53.42 41581 PERA 407.76 41582 Internal Revenue Service 693.18 Stillwater Town Board Mtg. — 6/9/11 Page 2 Beane, Matthew R 303.79 Countryman, Linda P 375.27 Nelson, Kathleen M 303.42 Nelson, Stephen W 1,113.33 Olson, Marsha Ann 1,028.11 Ranalla, Sr., Robert P 297.20 Schmoeckel, Kathryn G 713.58 4. PLANNER - a) Metropolitan Council Land Use Map - Planner Nolan Wall reviewed the issues. The local land use map takes precedence. Sherri Buss' email will serve as evidence of our understanding of the land use. b) Home Occupations - Current home occupations are allowed with a Certificate of Compliance. Another option is an Interim Use Permit which would allow additional review, notice to surrounding property owners and a public hearing. The permit could end with ownership or at a specified time. The consensus of the Board was that both options should be allowed as some home occupations are very simple and a COC would be sufficient. Attorney Soren Mattick and Planner Nolan Wall will review the definition of "home occupation ". More discussion at the next meeting c) Special Event Ordinance - The Planning Commission tabled this issue until their next meeting. d) Outdoor Wood- Burning Furnaces /Boilers - Planner Nolan Wall reviewed the discussion at that last Planning Commission meeting. Many communities ban these altogether. Our draft ordinance will allow them but set some standards for efficiency, set - backs, etc. Jim Hiniker outlined the concerns that some Planning Commissioners expressed. M /S /P Untiedt /Countryman moved to approve the ordinance. (5 ayes) e) Comprehensive Plan - Transportation Section - This involves updates mandated by Metropolitan Council. Nolan Wall reviewed the changes. A public hearing was held at the last Planning Commission meeting. M /S /P Johnson /Beane moved approval of the amendment to the 2030 Comprehensive Plan Update. (5 ayes) f) Jeff Wick Grading Permit - Jeff Wick has been issued a variance to allow him to erect his outbuilding prior to his residence which calls for a certificate of occupancy on the residence by August 2011 which he probably will not be able to meet. The other issue is that he does not have a grading /stormwater permit as needed. Steps are being taken to make sure the appropriate permits are in place. g) Crosswinds Community Church - Two items have been submitted with the final plan - a lighting plan and approval from the fire department regarding site and grading. The Planner recommends three additional conditions to the Conditional Use Permit which the applicant has agreed to. M /S /P Johnson /Beane moved to approve the three additional conditions to the CUP. (5 ayes) 5. CHIEF OF POLICE - a) Report given. There were 15 burning permits, four for buckthorn. No dogs were impounded. b) One citation was given for no current dog license which we have no set fine for. R t Stillwater Town Board Mtg. — 6/9/11 Page 3 M /S /P Beane /Untiedt moved to set the fine for no current dog license at $60. (5 ayes) c) Kathy Nelson had done research on saving money on dog licenses and mailings and has come up with ideas that will save about $600. d) The special events that we had went off without a hitch. e) The rocks, etc. on 105 Street were to be removed from the Township right -of way. Jeff Siewert was present. He had placed the rocks there to prevent people from driving back there and leaving trash and debris. He believes he has dealt with this problem on his own. Other neighbors were present and confirmed that problems have been solved with Jeff's efforts. No one in the neighborhood finds these rocks offensive. The Board was not aware of this and thought this was used as storage and was merely looking to find out what was going on. We can put up a barrier with reflective material. This is the responsibility of the community to solve. The Engineer will check out what needs to be done to restrict access. Mr. Siewert can move the stones at his leisure and he was thanked for what he has done. Engineer Paul Pearson had originally brought this to the Board in connection with his general inspection of Township roads. Jeff Siewert should work to remove the stones over time and find a place on his own property to store them. 6. ARCOLA HEIGHTS PARK - Jan Hayne was present to discuss the disc golf course. She asked that baskets not be installed until all the items the Board has required are in place. She would also like it to be 6 holes rather than 9 which would be a better fit for the 5 acres. Rick Jacobson reported that the 6 holes was considered but the Park Committee did not see it as the best use of the park. Jim Hinker felt that 6 holes would act as a way to phase in the course and if no problems arise, then it can be increased to 9 holes. The Committee can discuss if they would like to take a different approach at their next meeting. Additional items for the Park Committee to address were: •A sign with park rules should be placed in the park. • No Parking signs should be placed on Perkins for the length of the park. •Jan Hayne would like to see a task force created with government people and neighbors to address problems that may arise between Town Board meetings. However, the consensus of the Board was that decisions cannot be made outside of Town Board meetings anyway. •There is a danger with the 9th hole for people that may be on the trail and could be hit by a disc. •There should be notice that walkers have the right -of -way. • Numbers for both Washington County and Steve Nelson can be available at the park if problems arise. 7. ENGINEER - a) 100 Street Sight Distance Review - The Arcola Heights neighbors had expressed concerns about safety on 100 Street. Engineer Paul Pearson completed his analysis on May 17 and they also looked at the Department of Transportation's design guidelines. Paul Pearson reviewed his study and recommendations for signage, striping and limb removal. He thought the signs could be installed within Stillwater Town Board Mtg. — 6/9/11 Page 4 a couple of weeks and the striping would be done by the County on their schedule. He will check the pot -hole patching schedule with Raleigh. This patching must be done before the striping. This work is within our maintenance budget. 8. PARK COMMITTEE - Matt Bean has a quote for trash containers. M /S /P Beane /Countryman moved to approve the purchase from Johnny Johnson for three 32 gallon containers for $1,118.25. (5 ayes) 9. PARK MANAGER - Park Manager Rick Jacobson reported that they are busy with the garage sale and the farmers' market is starting on June 15 10. NATIONAL GUARD TOUR - David Johnson had gone on the tour to Inver Grove Heights to look at their National Guard facililty. It is viewed positively in that community. They also drove by the facility in Rosemount. 11. PARKING SIGNS AT THE TOWN HALL - There was an issue with parking at the town hall at the last Planning Commission meeting since Otto Berg Park was also being heavily used. Rick Jacobson said that this was the busiest time for the park and it should let up shortly. If we anticipate a problem at a future meeting, we can put up something beforehand. 12. ST. CROIX WATERSHED WORKSHOP - Sheila -Marie Untiedt and /or Linda Countyman will atend. 13. LEADERSHIP TRAINING - There was discussion of possible leadership training for the Planning Commission and Park Committee. The Clerk will check with the Township Association, League of Minnesota Cities and GTS to see what may be available. More discussion at the next meeting. The consensus of the Board was that the annual dinner should be reinstated to help with interaction between committees. 14. ADJOURNMENT - The meeting was adjourned at 10:15 p.m. Clerk Chairperson Approved \\T ashin Board of Commissioners Dennis C. Hegberg, District 1 �"�,•/ : 2ol1r1t'T Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA ** *PLEASE NOTE CHANGE IN TIME * ** JUNE 21, 2011— 2:30 P.M. 1. 2:30 Roll Call Pledge of Allegiance 2. 2:30 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. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. 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 3. 2:40 Consent Calendar — Roll Call Vote 4. 2:40 Public Health and Environment — Lowell Johnson, Director Approval of Comment Letter to the Minnesota Pollution Control Agency Related to Proposed Permanent Rules Relating to Landfill Siting 5. 2:45 Public Works — Don Theisen, Director Resolution to Purchase the Austin Property for Inclusion into the Cottage Grove Ravine Park 6. 2 :55 General Administration — Jim Schug, County Administrator 7. 3:05 Commissioner Reports — Comments.— Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 3:30 Adjourn 10. 3:35 to 3:55 — Workshop with the County Library Discuss Alternative Library Service Models 5:00 : Cou y Board Convenes a B4 x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 June 20 Audit Advisory Committee 4:00 p.m. Washington County Government Center June 21 Housing & Redevelopment Board Meeting 3:30 p.m. 1584 Hadley Avenue North — Oakdale June 22 Metro Mosquito Control Commission 9:30 a.m. 2099 University Avenue West — St. Paul June 22 Solid Waste Management Coord. Board 10:30 a.m. 2099 University Avenue West — St. Paul June 23 Resource Recovery Budget Committee 9:00 a.m. 2785 White Bear Avenue — Maplewood Assistive listening devices are available for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 21, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the June 7, 2011 County Board Meeting minutes Community Corrections B. Approval and authorization for the Community Corrections Director to renew a grant agreement with the Minnesota Department of Corrections for Remote Electronic Alcohol Monitoring. C. Approval and authorization for the Community Corrections Director to accept S.T.O.P. (Services, Training, Officers, Prosecutors) grant funding applied for and granted to Tubman. D. Approval of resolution authorizing the Community Corrections Director to renew the Joint Powers Agreement between the State of Minnesota, acting through its Commissioner of Corrections, Sentence to Service Program, and Washington County. Information Technology E. Approval of resolution to reject bids for the Washington County Stillwater to Forest Lake Fiber Optic Data line project and authorize a re -bid for the proj ect. Property Records and F. Approval of a 1 -5 day temporary On -Sale Liquor License for the VFW Post Taxpayer Services 323 for August 3 -7, 2011. Public Health & G. Approval to set a public hearing for hazardous waste management Environment ordinance for Tuesday, July 26, 2011 and authorize publication of notice according to law. Public Works H. Approval of resolution to reject bids for the 2011 Overlay projects and authorization to re -bid the project. Sheriff I. Approval to increase Home Detention and Work Release Programs participant fees. J. Approval of resolution authorizing the Sheriff's Office to enter into a renewal of the Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension, Minnesota Internet Crimes Against Children Task Force (MICAC) to May 31, 2012. *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 May24,2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported he attended the Counties Transit Improvement Board meeting; the Rush Line Corridor meeting; and the Ramsey /Washington Community Action Program meeting; - Commissioner Lehrke — reported she attended the St. Paul Park, Cottage Grove, and Newport city council meetings; she spent the afternoon with Community Corrections and saw the work that the Sentence -to- Service crew does; she attended the Cottage Grove Yellow Ribbon meeting and a Yellow Ribbon event on Saturday; she attended the Metropolitan Area Agency on Aging, the Parks and Open Space Commission, and participated in a Webinar on Managing Your Message in the Age of Digital Communication; - Commissioner Weik — reported she attended three Woodbury Chamber events; the Counties Transit Improvement Board; Metropolitan Airports Commission; Woodbury Business town meeting; Public Health and Emergency Preparedness Advisory Committee; Library Board meeting; and Library reception for volunteers; - Commissioner Kriesel — attended the Counties Transit Improvement Board meeting and the St. Croix River Crossing Coalition. General Administration Approval of the following actions: - Paul Ryberg, Lake Elmo, thanked the County Board for county assistance that allowed a close relative, who recently passed away, remain in her home for the last few years; - May 10, 2011 County Board meeting minutes; - Reappoint Victoria Dupre, May Township, to the Carnelian- Marine -St. Croix Watershed District Board of Managers to a third term expiring June 21, 2014; - Legislative update presented; - Board correspondence was received and placed on file. Human Resources Approval of the following actions: - 2011 insurance for the Teamsters Local #320, Probation Officers; - Annual 2010 Minnesota Counties Intergovernmental Trust Report. Public Health and Environment Approval of the following actions: - Resolution No. 2011 -066 declaring an end to the State of Emergency; - Workshop held to discuss a National Health and Nutrition Examination Survey Project coming to Washington County in the summer of 2011. Public Works Approval of the following actions: - Appoint Robert Livingston, Lakeland, to the Parks and Open Space Commission, to fill an unexpired term to December 31, 2012; - Resolution No. 2011 -065, Minnesota Ski Trail Assistance Program grant request; - Participation in the Coalition for the St. Croix River Crossing; - Workshop held to receive a presentation by the Minnesota Department of Transportation on the completion of the I -94 Highway study; - Workshop held to review the Broadway Avenue project budget and discuss a proposal to pilot a potential change to Contract Policy #1201 to improve efficiency. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. 6/8/2011 WASHINGTON COUNTY BOARD OF COMMISSIONERS Preview of Coming Attractions JUNE 14 Transportation Alliance Fly-in to Washington D.C. Agenda - Council on Local Results and Innovation Performance Measurement Program JUNE 21 Executive (Closed) Session — Behrends Project for the Land and Water Legacy Program County Board of Appeal and Equalization — 5:00 p.m. The County Board will meet as the County Board of Appeal and Equalization at 5:00 p.m. JUNE 28 Agenda — 2010 Census Count Question Resolution Program County Board of Appeal and Equalization The County Board will meet as the County Board of Appeal and Equalization. JUNE Closed Session — Minnesota Zephyr, Browns Creek State Trail • JULY12 RRA Agenda — Station Planning Study for Red Rock Corridor — 20 minutes Public Hearing — Consider Text Amendment to the Washington County Development Code Request by David and Cynthia Krueger to amend Section 6.1(3)(c) of the Washington County Development Code pertaining to wind energy conversion systems. Public Hearing — Consider Updated Washington County Zoning Map for Denmark Township JULY 15- 19 2011 Annual NACo Conference — Portland, Oregon Commissioner Heqberg Attending the 2011 Annual NACo Conference JULY26 Public Hearing — Hazardous Waste Ordinance 2012 BUDGET REVIEW August 9 — 2012 Proposed Budget Hearing 2012 proposed budget introduced; Internal Services present budget decision points August 16 — 2012 Proposed Budget Hearing Public Works, Property Records & Taxpayer Services and Library/Law Library present budget decision points August 23 — 2012 Proposed Budget Hearing Sheriffs Office, Attorney, and Community Corrections present budget decision points September 6 — 2012 Proposed Budget Hearing Community Services and Public Health & Environment present budget decision points September 13 — 2012 Proposed Budget Hearing Housing and Redevelopment Authority present budget decision points County Board approves preliminary levy (Proposed budget must be set by September 15 per statute October 11 — Board Workshop with Administration and Public Works on 2012 -2016 Capital Improvement Plan October 11 — County Board Approves Draft 2012 -2016 Capital Improvement Plan for Release to Communities for Review and Comment November 1 — Workshop to Discuss Conservation District and Watershed Management Organizations Budgets November 15 — Workshop to Discuss final Recommendations to the Proposed 2012 Budget DECEMBER 8 Public Budget Review Meeting (Tentative — After 6:00 p.m. per statute) DECEMBER 13 Public Hearing — Review Comments on and Adopt the 2012 -2016 Capital Improvement Plan Agenda — Adopt 2012 Budget — Final Property Tax Levy Must be Certified by December 27 FUTURE Workshop - Metropolitan Council Members The County Board will meet with Metropolitan Council members to discuss issues of mutual interest and concerns. Meeting with the City of Newport The County Board will meet with Newport to discuss Red Rock and future park -n- ride /commuter train station in their city. BIDS /REQUEST FOR PROPOSALS Indefinitely RFP for Base Rate Group Residential Housing for Adults with Chemical Dependency, Community Services June 13 Commissary and Inmate Accounting System — Sheriffs Office June 14 2011 Pavement Preservation — Public Works C: \DOCUMENTS AND SETTINGS \NMANOS \LOCAL SETTINGS \TEMPORARY INTERNET FILES \ CONTENT .OUTLOOK \YI NAOM 9V\PREVI EW. DOC