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Home My WebLink About2011-07-05 CC PacketTN! 111TNlLA CE Of NINNECCiA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 5, 2011 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. St. Croix Bridge Coalition 4 :30 P.M. 7:00 P.M. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk - 5. Community Dev. Director HRC Award 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of June 21, 2011 regular meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Proclamation: Stillwater High School Track Team Day 12. Service Award: Beyond the Yellow Ribbon efforts of Ron Christofferson OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance. please limit your comments to 5 minutes or less. CONSENT AGENDA* (Roll Call) 13. Resolution 2011 -101, directing payment of bills 14. Possible approval of application for permit to sell liquor — Ball Tournament — Brent Sharon PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. 15. Case No. 2011 -14. This is the date and time for a public hearing to consider a request from Leon and Sharon Thurmes to vacate a small portion of Broadway Street North adjacent to 101 Ridge Lane in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 3, 2011. (Resolution — Roll Call) UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1036, an ordinance amending Section 43 -71 of the Stillwater City Code by authorizing the issuance of Micro - distillery and Brewer Taproom Licenses (2nd reading — Roll Call) 18. City Hall HVAC update with ESI Engineering, Inc. NEW BUSINESS 19. Possible approval of addition of patio to liquor license premises — Patriots Tavern 20. Change of Council meeting date from August 2, 2011 to July 26, 2011 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. REGULAR MEETING RECESSED MEETING caHter 71! IIRTMPLACE Of ■IINEIITR AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 5, 2011 CALL TO ORDER ROLL CALL OTHER BUSINESS 1. St. Croix Bridge Coalition STAFF REPORTS 2. Police Chief 4:30 P.M. 7:00 P.M. 4:30 P.M. AGENDA 3. Fire Chief 4. City Clerk - 5. Community Dev. Director HRC Award 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of June 21, 2011 regular meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Proclamation: Stillwater High School Track Team Day 12. Proclamation: Beyond the Yellow Ribbon efforts of Ron Christofferson OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA* (Roll CaII) 13. Resolution 2011 -101, directing payment of bills 14. Possible approval of application for permit to sell liquor — Ball Tournament — Brent Sharon PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or Tess. 15. Case No. 2011 -14. This is the date and time for a public hearing to consider a request from Leon and Sharon Thurmes to vacate a small portion of Broadway Street North adjacent to 101 Ridge Lane in the RA, Single Family Residential District. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 3, 2011. (Resolution — Roll Call) UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1036, an ordinance amending Section 43 -71 of the Stillwater City Code by authorizing the issuance of Micro- distillery and Brewer Taproom Licenses (2nd reading — Roll Call) 17. Discussion regarding On Sale Sunday Liquor Regulations 18. City Hall HVAC update with ESI Engineering, Inc. NEW BUSINESS 19. Possible approval of addition of patio to liquor license premises — Patriots Tavern 20. Change of Council meeting date from August 2, 2011 to July 26, 2011 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. The Campaign to Build the Bridge. Today's Presentation Brief history of the crossing project Summary of bridge project elements Organizational goals and message Authorization update Appeal for help GUALlt /04, 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Why is it so hard to build a bridge? Transportation Act of 1966 Requires minimizing harm to public parks, recreation areas, wildlife /waterfowl refuges, and historic sites National Historic Preservation Act Requires avoiding harm and minimizing harm to historic properties Wild and Scenic Rivers Act Recent interpretation by NPS — no new construction that will • • have a "direct and adverse" impact on a WSR 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; St. Croix Boom Site r r Stillwater & r e %.. St. Paul Hilltop Railroad I I. - -- yr �4 Drive -in ‘,0" •Y2 Theatre • $/. r yy A •y •y s • r �/ r Kriesel Farmstead Lowell r •Kolliner Park ♦ Thelon Farmstead 1 1 i 11.14 yea go IIII ID r ,♦ 1 LEGEND ti ti,♦ I • i,• Pan of Stillwater Slab All L ♦ South Main Street Site 0 j, Arch. District it c s Bergey and — •..s Boon Site • William Danforth # ,.N. �a House B_1 i Ovclro♦Preferred o " .. " r ♦■ Alternative ABergsteiry .: ,, Milli, 0 w 1♦ - - -N. ijwtlli - .0.� :• i Log Cabin s • 45 s Stillwater State Prison • Historic District Teddy Bear Park r Stillwater Commercial Historic ilk District Stillwater Cultural Landscape District Fairview, Cemetery Preferred Alternative (new 4 -lane bridge) 0.5 miles 1—'1 Lower St. Croix National Scenic Riverway Boundaries/locations are approximate • • • J Recent History 1985 — 2000: Two separate attempts to build a new crossing Both failed due to bureaucratic disagreement, interest group opposition 2001 — 2006: Federal Mediaton Project was stuck. Federal Highway Administration, MnDOT & WisDOT hired a federal environmental mediator 27 federal, state, local agencies and advocacy organizations brought together in a Stakeholder Mediation process. Comprehensive group, comprehensive process. c�A�rnaN'04> ST. CROIX RIVER CROSSING www.stcraixcrossing.nrL St. Croix River Crossing Stakeholder Group National Park Service, St. Croix National Scenic Riverway US Federal Highway Administration US Army Corps of Engineers US Coast Guard US Environmental Protection Agency US Fish and Wildlife Service Advisory Council on Historic Preservation MN Department of Natural Resources WI Department of Natural Resources MN State Historic Preservation Office WI State Historic Preservation Office MN Department of Transportation WI Department of Transportation City of Stillwater St. Croix County, St. Croix County Highway Commission Town of St. Joseph, Wisconsin Western Wisconsin Realtors Association City of Oak Park Heights National Trust for Historic Preservation Minnesota Preservation Alliance Minnesota Center for Environmental Advocacy Stillwater Heritage Preservation Commission Friends of the St. Croix Stillwater Area Chamber of Commerce St. Croix Alliance for an Interstate Bridge Stillwater Lift Bridge Association Sierra Club GUALlt /04, 1 II ST. CROIX RIVER CROSSING ,raixnrassing.nrL Stakeholder Process Three Competing Goals Need to build reliable, efficient transportation infrastructure for the region Need to preserve historic resources Need to protect the Wild and Scenic River The Stakeholder Process developed a project that balanced these goals. 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Stakeholder Agreement Transportation Elements New, four -lane crossing located away from historic downtown Stillwater Bridge near the power plant, sewage treatment plant Signature bridge, distinctive design, appropriate for the Wild and Scenic riverway. Location least damaging to the environment and to historic resources Safety improvements for Highway 36 & Highway 64 coaunoN 16'1P1 SLCROIX RIVER CROSSING Improved frontage road, dedicated turn lanes ,roixorossing.orL; This photo simulation is based on design information available October 2009 and does not necessarily represent the final appearance of the new river crossing. 4-'4"°''. Aerial View of Sunnyside Marina Looking West OF 1 Proposed View of River Crossing - "Organic" Design of Ts Photo Taken: 081311 Stakeholder Agreement Environmental Elements Significant environmental remediation and new amenities for public enjoyment of the riverway New loop trail for pedestrian walking and biking Significant restoration of existing bluff cuts in MN and WI Remove old power plant coal barge terminal and restore riverbank Protect threatened species in the river GBAirr /04,�o�' ST. CROIX RIVER CROSSING . ,roixorossing.orL; Stakeholder Agreement Historic Preservation Elements Historic designation for downtown Stillwater Commercial Historic district Rehabilitation and restoration of the Lift Bridge as a signature piece of the loop trail system Environmental rehabilitation and historic restoration of the St. Croix Overlook site GBAirr /04,�o�' ST. CROIX RIVER CROSSING . ,roixorossing.orL; Total Project Cost Midpoint of cost estimate is $633 million. MN and WI split cost of bridge and mitigation items Each state pays for roadway improvements and approaches on its side of the river Both states will use federal highway dollars for part of their funding State splits: MN $350 million, WI $280 million 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Notable Supporters Governors Dayton and Walker Congresswoman Bachmann, Congressmen Kind, Kravaak, Duffy Senators Klobuchar, Kohl, Franken and Johnson Every state legislator who represents us on both sides of the river GUALlt /04, 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Current Situation MN and WI have funding in place. MnDOT: Project ready to begin in July, 2013 All necessary approvals have been given, except one. Recent opinion from National Park Service: NO new structure can be built in the riverway without a Congressional exemption from the Wild and Scenic Rivers Act. 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Current Situation Bills introduced in US House and US Senate; Bachmann and Klobuchar are Chief Authors. Subcommittee hearing in the US House. Project deadlines coming up, starting this fall. Congressional approval needed this session. GUALlt /04, 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; How Do We Win This Time? Citizens must make their voices heard: We want the new bridge! Supporters must be organized and speak with one voice. Make project decisions as public as possible. wiz,* ST. RDIX RIVER GROSSING Coalition! Coalition for the St. Croix River Crossing formed this spring. Non - profit organization, bi -state alliance of local government, business, community and labor Purpose: educate citizens and advocate for the bridge Wisconsin & Minnesota Washington, DC Media t ALIT/04, Grassroots citizen outreach 16141.1 ST. CROIX RIVER CROSSING ,raixcrassing.nrL Organizing Philosophy Opponents not as great in numbers, but well- organized, national funding and influence. Previous approach: Stillwater hired a lobbyist Direct advocacy with federal and state elected officials City on its own This time: A regional coalition in support of a regional project. Federal and State Advocacy, plus: Citizen education and involvement Media relations 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Coalition Activity to Date • Advocacy meetings and lobbying federal and state elected officials Washington, DC St. Paul Madison Stillwater Media relations Providing reporters and editorial boards with accurate supporting project information Beginning of grassroots campaign 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Coalition Message Points The current Lift Bridge is obsolete, fracture - critical and unsafe. It is time to build the new crossing. The St. Croix River Crossing is the right project in the right location. The community bridge plan was created through an open, collaborative process. All other options were reviewed and disqualified. We have the right plan. People who support the project care deeply about the river. We are seeking a narrow exemption to allow a bridge to be built. °AL/r' ° "kli‘ ST. CROIX RIVER CROSSING ,raixcrassing.nrL 96 Mckusick Rd. N. 4** l WP 7 County Rd. E county Rd• 17 7 ■�: kIiii;it:a1:1��i ti, f s1Ck 1/4 � t . t r' •• P. [*it_ �A� 'C�A111111�` te ; 111i1111�i CS' co ) Minh' C.- 0 cCa m a Q 1990 Draft EIS Study Corridors 1987 Scoping Decision Document Corridors North Corridor South Corridor Central Corridor Central Corridor Alternate South Corridor Central Corridor North Corridor North Tunnel •••1 South Tunnel "AIM 1995 Final EIS Study Corridors FEIS Preferred Alternative 1999 Amended Scoping Decision Document 11111111 Consensus Alternative illllllllll Optional Alignment Other Corridors Braun Study Alternates 3 Architects Proposal (2004 SDEIS Alternative E) 2003 Amended Scoping Document Alternatives Alternative A Lift Bridge and existing roadways with enhancements Alternative B (1995 FEIS alignment) St. Croix River Crossing: Alternatives Studied 1985 -2004 St. Croix River Crossing Project Figure 3 -18 2004 Supplemental Draft Environmental Impact Statement 11114 Stillwater Aerial - Proposed View of River Crossing - "Organic" Design or rol Phnho T kon. 08/31,2005 ato simulation is based on design available September 2005 and dos not • I appearance dale new river crossing. igrdt Lowell Park - Proposed View of River Crossing - "Organic" Design Pho% Economic Impact The Bridge project will create thousands of jobs to help area families 3,000 direct and indirect jobs will be created each year during the project (average). At the peak of construction in 2014, 6,200 full- time people will be employed. The project is not too expensive. It has a positive cost - benefit ratio of 1.53 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; Next Steps Build our Coalition Supporters who will sign on and be vocal Fundraising Community education Grassroots meetings throughout the Valley Online activity — FaceBook, Twitter, YouTube Traditional media Lobbying Congressional Action Preserve funding in two states GUALlt /04, 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; We Need Your Help to Build Community Support Become members www.stcroixcrossing.org `Like' the Coalition FaceBook page Financial support GUALlt /04, 1 II ST. CROIX RIVER CROSSING . ,roixorossing.orL; The Campaign to Build the Bridge. www.stcroixcrossing.org Stillwater City Council Tuesday, July 5, 2011 HARMONY DIGNITY RESPECT Memorandtnn To: Mayor & City Council From: Jane Taves, Human Rights Commission Chair Date: June 29, 2011 Re: 2011 Human Rights Award We have received a nomination for this year's Human Rights Award, however, we have not had a quorum for months. We agree that the recipient, Ann Rock, is one of the best candidates that the Commission has had. RECOMMENDATION: Members of the Human Rights Commission recommend that Ann Rock be presented with the 2011 Human Rights Award. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion approving the Award recipient. /nm Pedestrian Walkway — Tentative Schedule Stillwater, MN Date: July 5, 2011 July 12, 2011 Open House Public Meeting — 6 PM City Council Chambers July 13, 2011 Design Team Meeting to review Open House and confirm final design details July 21, 2011 Water Management Organization Submittal July 22, 2011 HPC Design Review Submittal July 22, 2011 Planning Commission /City Council Submittal for a Floodplain Variance August 1, 2011 HPC Meeting — Design Review Permit August 8, 2011 Planning Commission Meeting — Floodplain Variance August 10, 2011 Design Team to review 75% complete plans and specifications August 16, 2011 City Council Meeting: - Consider Floodplain Variance Consider authorization to bid project August 24, 2011 Design Team to review 95% complete plans and specifications September 7, 2011 Advertise Bids September 28, 2011 Bid Opening October 4, 2011 Notice to Proceed June 30, 2012 Completion Date (te ENE IIIITM►LASI If MINNESOTA CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of June 7, 2011 regular and recessed minutes Councilmember Cook requested that on Page 5, under the section relating to the ordinance prohibiting fishing from the bridge, that the minutes reflect that she spoke to a Sergeant of the Water Patrol and not the Sheriff. Motion by Councilmember Cook, seconded by Councilmember Polehna to approve the minutes as corrected. All in favor. Councilmember Menikheim asked if it was possible to amend the meeting minutes from May 17, 2011. City Attorney Magnuson indicated that once they are approved, they cannot be changed, but that he could make his statement so that it is reflected in this set of minutes. Councilmember Menikheim expressed that at the May 17, 2011 meeting, under the Library Report, he had suggested during the discussion that perhaps it was time to revisit the financial and organizational relationship between the Library and City. The difficult financial environment, which has the City short of Firemen and the Police Department unable to afford training, makes this a prudent and timely consideration. City Council Meeting June 21, 2011 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Heritage Preservation Awards Jeff Johnson, Vice Chair of the Heritage Preservation Commission, presented the Annual Heritage Preservation Awards: Gartner Studios received the Facade Restoration of a Building Award for work done at 201 Main Street South; Stillwater Olive Oil received the Retail Sign Award at 208 Main Street South; and Richard & Suzanne Van Horne received the Residential Restoration Award for work done at 223 Pine Street West. OPEN FORUM Steve Meister, Meisters Bar and Grill, informed the Council that there are no marked crosswalks at the intersection of Churchill and 4th Street South, and he is concerned for pedestrian safety. He reported that there have been many near misses and that some people drive through the stop signs. He requested that the crosswalks be painted and to raise awareness of the intersection. He also pointed out that many of the intersections in Stillwater have not been painted. He suggested that if it is a matter of funding to get this done, he has spoken with the businesses and some residents of the South Hill, and they are willing to take up a collection to defray the City's costs. Mayor Harycki responded that staff has indicated that the paint currently used on the streets does not contain lead, and has not held up as well as lead based paint, but thought the process usually begins in May. Public Works Director Sanders explained that with the flood and the weather (rain), Public Works crews are a little behind schedule, but it is on the schedule, including the Churchill and 4th Street South intersection. Mayor Harycki indicated that the School District has been asking about the intersection at 4th and Orleans and because it is County Road, requested that Mr. Sanders contact Commissioner Kriesel about the County getting that intersection taken care of. Councilmember Polehna pointed out that the crosswalks downtown are also in need of painting; Mr. Sanders responded that it has been directed to have the crosswalks painted before July 4th Kurt Banchy, 408 Edgewood Avenue, reiterated Mr. Meister's concern of the intersection by stating that the there should be pedestrian signs and crosswalk markings. On a question from Mayor Harycki, Mr. Sanders responded that the portable markers are used at intersections without traffic signals, and Chief Gannaway stated that a speed trail would not be of use because of the stop sign, however the Department would monitor that intersection. STAFF REPORTS Police Chief Gannaway reported that the bike race went very well and had not received any complaints. He indicated that the parking ramp was used, except for the top floor, however there was some signage issues, which will be address with the organizer for next year. He also reported that the Department is preparing for the 4th of July and Lumberjack Days Page 2 of 9 City Council Meeting June 21, 2011 events. He stated that he and Public Works Director Sanders met with FEMA regarding reimbursement for the flooding, and that it is anticipated that the City will be reimbursed for approximately 75% of the costs. He informed the Council that the impact of the State's shutdown should have minimal effect on the Department, except that they may have to handle accidents on the State highways if they are not handled by State Patrol. Community Development Director Turnblad reported the effects of a shutdown on the Department. He pointed out that the Building Department would be hardest hit by the shutdown in that commercial and public buildings are reviewed by the State Building Department. He added that all electrical inspections are done by the State; so residential projects could be held up because of no electrical inspections. He stated that the Metropolitan Council will operate as usual, however, if user fees do not cover Metro Transit and Metro Mobility, etc., and the State shutdown lasts a long time, that also may be impacted. Mr. Turnblad reviewed the Armory predesign charette review, consisting of possible footprints, and that the report will be released on July 19th. He stated that if the Fire Department is built, 6,000 sq. ft. could save approximately $1,200,000, and that an aquatic center would not fit on the site. He added that September 15th is the deadline for Council to decide its upgrades. Councilmember Roush expressed that he would like to have the shared stakeholders involved before September to determine the level of interest. Councilmember Polehna explained that when the St. Croix Recreation Center was planned, there was a St. Croix Valley Sports Facilities Commission, and some members of that Commission is interested in participating again. He suggested that he take the lead on forming that again and get the stakeholders involved. Community Development Director noted that more details will be available at the July 19th meeting. Councilmember Cook asked if costs will be reported at that time. Mr. Turnblad responded that "ballpark figures" would be available, however actual costs can not be determined until design and bidding takes place. Public Works Director Sanders reported that in regard to the FEMA reimbursement, it could be late July before the City knows the exact reimbursement. He also reported that because of the amount of rain, the river is rising and will have an impact on the July 4th fireworks. He reminded Council and citizens that if the State shutdown occurs, the Lift Bridge would be closed to vehicle traffic. He also indicated that the Department will be working on park encroachments next week. He reported that with the retirement of two individuals in the Department is a savings, and requested that Council reprogram those funds, approximately $30,000, to the maintenance of the City's parks, such as playground equipment, etc. Motion by Councilmember Roush, seconded by Councilmember Cook authorizing the reprogramming of the salary savings to park maintenance. All in favor. Page 3 of 9 City Council Meeting June 21, 2011 City Administrator Hansen reported that he believes that the State shutdown will happen and that State payments will be delayed, however that the City will be able to sustain itself. CONSENT AGENDA Resolution 2011 -93, directing payment of bills Resolution 2011 -94, approving Joint Powers Agreement for Internet Crimes Against Children (2011 -12) Request for Capital Outlay Funds for Skidsteer replacement Possible purchase of 15' area wide mower attachment for John Deere tractor Resolution 2011 -95, approval of Service on a Shoestring contract (2011 -2014) Possible approval of fireworks permit for Dollar Tree Store Possible approval of temporary liquor license for Lumberjack Days Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda, with the exception of the possible approval of the temporary liquor license for Lumberjack Days. Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None Councilmember Roush inquired of Police Chief Gannaway if the process and responsibilities for Lumberjack Days is progressing. Chief Gannaway stated that he has heard from Mr. Eckberg and that it is progressing and will continue to work with Mr. Eckberg in relation to the 4th of July fireworks and Lumberjack Days. PUBLIC HEARINGS 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. Public Works Director Sanders reviewed the 2011 Additional Street Improvement Project and its costs. He noted that this project would be added to the original 2011 Street Project. Mayor Harycki opened the public hearing. Carol Murphy, 1106 Meadowview Drive, stated that the cul -de -sac is completely on School District property and asked why they are not being assessed. She noted that a majority of the traffic is to access the ball field located there. She also requested that the City look at one sided parking on Stillwater Avenue. Ron Roeller, 820 Stillwater Avenue West, requested explanation of the single family home assessment versus the townhome assessment. Mr. Sanders responded that each townhome unit is being assessed, therefore the assessment for the townhome is more than the single family home. Mayor Harycki closed the public hearing. Page 4 of 9 City Council Meeting June 21, 2011 Motion by Councilmember Roush, seconded by Councilmember Menikheim to adopt Resolution 2011 -96, ordering improvement, approving plans and specifications and extending unit prices from the 2011 street improvement project (Project 2011 -02). Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None UNFINISHED BUSINESS Consider approving Downtown Facade Improvement Loans City Planner Pogge reviewed the Facade Improvement Loan Program, which encourages building owners to make facade improvement to historic buildings downtown Stillwater. He pointed out that the City Council approved the establishment of a Facade Improvement Loan Program earlier this year, and authorized up to $500,000 in TIF funding for the program. He informed the Council that the first round requests were due in May and the City received seven requests. He also informed the Council that the Heritage Preservation Commission reviewed the requests and recommends that all of the applicants receive the funding based on the approved design review permits. He noted that it is a loan program with repayment/assessment through taxes over a 15 year period at a rate of 3.25 %. Motion by Councilmember Roush, seconded by Councilmember Cook to adopt Resolution 2011- 97, approving funding requests for the Facade Renovation Loan Program. Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None Possible approval of agreement with St. Croix Boat & Packet (Lowell Inn) for parking ramp usage Community Development Director Turnblad reminded the Council that this agreement is based on the discussion held at the last meeting, June 7, 2011. Motion by Councilmember Polehna, seconded by Councilmember Menikheim to adopt Resolution 2011 -98, approving parking ramp agreement with St. Croix Boat & Packet (Lowell Inn). Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None City Hall air conditioner update City Administrator Hansen expressed that he was ready to recommend the consultant agreement for evaluation of the outdoor mechanical equipment noise at City Hall, however, he added that Councilmember Polehna informed him that the Washington County Facilities Director has offered to come and provide input on the problem. He also reviewed the number of fixes the City has attempted to try and fix the noise problem. He noted that the problem has existed for many years and empathizes with the neighbors; however, the cost of removal and replacement of the unit could be in excess of $60,000. Page 5 of 9 City Council Meeting June 21, 2011 It was the consensus of the Council for the City Administrator to meet with the Washington County Facilities Director to see if he had any suggestions and to come back to Council with an update and solution. Possible settlement of insurance claim regarding Public Works Roof City Attorney Magnuson reviewed the long history of this claim regarding the roof at the Public Works Facility. He stated that with the determination of Nick Chaves, Assistant Public Works Superintendent, the work has been done and costs obtained in a settlement have been achieved. He recommended that the Council approve the settlement and authorize the payments to the contractors that completed the work. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the settlement and authorize disbursement to the contractors that performed the work. All in favor. NEW BUSINESS Possible approval of Summer Tuesdays Special Event & Contract City Clerk Ward reviewed the request for Summer Tuesdays, and informed the Council of the transition of the event from the Greater Stillwater Area Chamber to Summer Tuesdays, Inc., officers Cory Buettner from Leo's, Chuck Dougherty from the Water Street Inn, and Cassie McLemore from Northern Vineyards Winery. Cory Buettner was present and explained that because the levee project was not going to be constructed this year, he approached Todd Streeter about moving the event back Downtown. He stated that the organization is a non -profit and no money will be taken by the board members. He continued by saying that because they had a tight schedule, they formed the corporation because it was quicker, and that any monies received will go into the next years event as seed money or given to charity. He noted that it was erroneously reported that the event was sold, when it was transferred and no money exchanged. Councilmember Roush asked why the Chamber gave up the event. Mr. Buettner responded that he couldn't speak for the Chamber, but suggested that the Chamber was willing to turn it over to individuals downtown and the event was not their focus. Councilmember Polehna expressed that he didn't know that the levee project was completely done for this year. He thought the work in the parking lots was going to continue, that the construction of the plaza was going to be done and would impact what is going on. Public Works Director Sanders explained that the underground work would have to be completed before the parking lots, as part of the levee project. He noted that the underground work would not be done until probably next year, but that the plaza work would be done. Mr. Buettner stated that it is a fluid organization and will work with whatever happens. He inquired about the costs of parking spaces for the event, and requested that the event be Page 6 of 9 City Council Meeting June 21, 2011 treated similar to the Crusin on the St. Croix, however they would be using only one parking lot instead of two. Council agreed to treat this event like the Fire Muster and Crusin on the St. Croix, and charge this event $50 per event, plus the City costs for the outlet and barricades. Motion by Councilmember Polehna, seconded by Councilmember Cook directing staff to prepare the contract similar to the Fire Muster and Crusin on the St. Croix; approval of the contract contingent to review by the City Administrator and City Attorney, and to adopt Resolution 2011- 99, approving 2011 Summer Tuesdays contract. Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None Possible approval of first reading of Ordinance 1036 allowing brewers to sell on -sale City Clerk Ward reviewed the recent Legislation regarding the ability of brewers to sell their product on- sale. There was uncertainty as to whether the breweries could sell on Sunday, therefore City Attorney Magnuson would research the issue and have an answer for Council at the next meeting prior to the second reading of the ordinance. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the first reading of Ordinance 1036. Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None Discussion on lease with St. Croix Boat & Packet on lease of Stillwater Barge property City Administrator Hansen reviewed the lease with St. Croix Boat & Packet and stated that the only item left is the Frank E, and that Mr. Anderson does pump out the barge at various times. He informed the Council that the request for proposals has been prepared should the Council wish to rebid. Councilmember Roush suggested that if the barge is in bad shape, it may be best if the City sells the barge and use that money for the air handler at City Hall. Councilmember Polehna requested that the Council not rush into selling the barge, because it is part of the park property plan to possibly utilize it as a fishing pier. Mayor Harycki agreed, and added that maybe keeping it would save the City costs in building a fishing pier and felt that the issue should go to the Parks Commission. Councilmember Roush asked if the barge could be beached so that it wouldn't break away. Mayor Harycki responded that beaching the barge wouldn't work because the river keeps going up and down. Page 7 of 9 City Council Meeting June 21, 2011 Public Works Director Sanders noted that Mr. Anderson is responsible for the up keep of the barge and the pumping of the barge to keep it afloat. Motion by Councilmember Roush to sell the barge, died for a lack of second. Mayor Harycki suggested that staff and the Parks Commission obtain more information on the barge and its worthiness before the Council considers selling it. Councilmember Menikheim agreed with Councilmember Polehna and would like to look at it before a decision is made. City Attorney Magnuson explained that this lease could be treated similar to the railroad leases, where there is flexibility if the City needs the property, and includes a provision for a 30 day termination. City Administrator Hansen suggested a 60 day termination. Councilmember Cook stated that she wants to insure that the property is available to the residents. It was the Council consensus that City Attorney Magnuson prepare a lease with St. Croix Boat & Packet with a 60 day term for approval at the next meeting. Possible approval of Housing Action Plan City Planner Pogge reviewed the Housing Action Plan relating to the City historical participating in the Metropolitan Council Livable Communities Act Local Housing Incentives Account (LHIA). He reviewed grants that the City has received in previous years, and explained that in order to remain eligible for future grant funding, the City Council needs to submit the Housing Action Plan, based on the newly adopted Comprehensive Plan, to the Met Council by June 30, 2011. Motion by Councilmember Menikheim, seconded by Councilmember Cook to adopt Resolution 2011 -100, approving the City of Stillwater Housing Action Plan. Ayes: Councilmember Polehna, Roush, Cook, Menikheim and Mayor Harycki. Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna reported on the activities of the Beyond the Yellow Ribbon, and indicated that they are working with other cities to accept donations to sponsor a bus to take families to Camp McCoy July 10th, to say goodbye to their loved that are being deployed. He explained that they are trying to raise $900. He also explained the mission of the Minnesota Military Family Foundation and that Washington County has sponsored a hole at a golf tournament at Tartan Park for $1,200 to help a military family in need. He added that he is also working on an ice fishing contest this Winter at Cragun's Lodge in Brainerd to raise addition funds and that if anyone is interested in working on this to let him know. Page 8 of 9 City Council Meeting June 21, 2011 ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna to adjourn at 9:14 p.m. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -93, directing payment of bills Resolution 2011 -94, approving Joint Powers Agreement for Internet Crimes Against Children (2011 -12) Resolution 2011 -95, approval of Service on a Shoestring contract (2011 -2014) Resolution 2011 -96, ordering improvement, approving plans and specifications and extending unit prices from the 2011 street improvement project (Project 2011 -02) Resolution 2011 -97, approving funding requests for the Facade Renovation Loan Program Resolution 2011 -98, approving parking ramp agreement with St. Croix Boat & Packet (Lowell Inn) Resolution 2011 -99, approving 2011 Summer Tuesdays contract Resolution 2011 -100, approving the City of Stillwater Housing Action Plan Page 9 of 9 City o� S Moto, to nesota Ctcodaunatio►n WHEREAS, the Stillwater High School Boys Track & ,Field Team are the 2011 Class _AA State Champions winning both the Suburban East Conference and4AA Section meets; WHEREAS, this is the Boys Track & Field first State Title in 13 years; WHEREAS, the team won at the State Championship when Junior Neal Goff crossed the finish Cine in the 4 x 400 Relay, with an all -time State record time of 3:16:69; NOW, THEREFORE, I, 3CEN 3- .ARyC3U, by virtue of the authority vested in me, as .Mayor of the City of Stillwater, do hereby proclaim Jiffy 5th, 2011 - STILLWATJER Boys 'FR.ACX & ,FIELD TEAM Daly .Adopted by the Stillwater City Council this 5th day of JuCy, 2011. if pater THE /IITTHPLACE OF MINNESOTA STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to S?wz Cfitcfrteu Art suppoxt of St's Jae .and the *Raw gibbon a f(oxts tc1 'raising funds to coue4 expenses (04 tcua fuel (tcvses of (an4 memftecm to t 'wet to saxt .11�lcCoij, an jut* 10, 2011, to sack gore to the& &weed anus that axe king depeo jed to Stag, and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: July 5, 2011 RESOLUTION 2011 -101 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 $200,648.22 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 5th day of July, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -101 Abbott Paint &Carpet Action Rental, Inc. Ameriprise Aramark Uniform Services Aspen Mills Bixby Portable Toilet Service Brock White Co. LLC Brulin & Company Inc. Buckley, Kelly Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Century College Century Power Equipment Clearwater Recreation Cole Papers Comcast Delta Dental Engel, Stephanie Fastenal Company Fred's Tire Company Fun Jumps Garlock- French Corporation Gartner Restaurant Holdings LLC Harris Mechanical Services LLC Heritage Embroidery & Design Holiday Credit Office Hugo Feed Mill Iceman Industries, Inc. Ipromoteu J.B. Contracting Jefferson Fire & Safety, Inc. Johnson, Pam Kirvida Fire, Inc. L.T.G.Power Lake Country Door, LLC Lake Elmo Oil, Inc Lake Elmo Sod Farm, LLC Landscape Structures Inc. Life Safety Systems Lowe's Home Centers Inc. Madden.Galanter.Hansen LLP Magnuson Law Firm Menards Stain & Varnish Concrete Park Deposit Refund Pioneer Park Uniforms, Mats, Towels Uniforms Unit Rental City Parks Asphalt & Equipment Repair Supplies Bio Zyme II Park Deposit Refund Teddy Bear Park Equipment Repair Supplies Fuel Enhancer Cyberpower 425VA Training and Education Autocut Weed Whip Repair Kits for Murdock Fountains Maintenance supplies Internet Insurance Park Deposit Refund Teddy Bear Park Metabo Tire Repair Night to unite Repair Roof at PW Concession Supplies Rexnord coupling & Repair Dehumidifier Polo Shirts for Parking Dept Uniforms Fuel for Rec Center Clutch Cover Liquid Magnesium Nite to unite Repair Water Damage PW Roof Leak Equipment for New Fire Truck Park Deposit Refund Heritage Sq Pump Testing Fire Trucks Rebuild Kit Repair Large Park Door Fuel Air Boat Sod 2011 Flood Teddy Bear Digger Repair Damaged Equipment Repair supplies Labor Relations Services Professional Services Equipment Repair Supplies 66.86 160.31 100.00 884.50 126.65 36.34 10,093.98 86.55 100.00 1,141.56 249.63 96.74 320.92 32.01 289.12 515.36 208.32 243.30 100.00 78.65 60.12 160.31 31,075.96 1,068.79 4,946.57 96.64 7.99 52.72 2,436.76 1,364.31 1,750.00 8,796.02 100.00 1,178.46 112.46 214.50 263.37 132.25 31.15 824.02 47.95 57.50 6,876.83 417.87 EXHIBIT "A" TO RESOLUTION #2011 -101 Midwest Fence Minvalco, Inc. Northside Welding & Repair LLC Office Depot Otis Elevator Company Pinky's Sewer Service Proguard Sports, Inc. RiedelI Shoes, Inc. Rosenbauer Firefighting Technology Ruffridge Johnson Equip. Co. Sherwin Williams Smith, Andrew Sprint St. Cloud State University St. Croix Boat & Packet Co. St. Croix Recreation Co. Standard Spring Parts Stillwater Medical Group Sun Newspapers T.A. Schifsky & Sons, Inc. Terry, Gail Tessman Seed Co. - St. Paul The Conach Group Tireproz Titan Machinery Traffic & Parking Control Co. UPS USAble Life Valley Trophy Inc. Vance, Shelly Wal Mart Community Washington County Transportation Wingfoot Commercial Tire Yocum Oil Company LIBRARY Ace Hardware Aramark AudioGO Baker & Taylor Blocher,Carolyn BWI Brodart Clay,Dylan Equipment Repair Supplies Honeywell Modulate Interface Replace Ventilation Grates Lily Lake, Repair Office Supplies Elevator Contract Parking Ramp Pump and Clean out Sandtrap Pro shop Supplies for Resale Skates for Resale Mount pump on new truck Equipment Repair Supplies Paint Refund 2 Learn to Skate Registrations Cell Phone Driving school Arena Billing June 2011 Equip Repair Supplies, Recycle Containers Equipment Repair Supplies Drug testing applicants Publications Asphalt and Tack Oil Reimbursement of Parking Ramp Fee Seed for flood area June 2011 Legislative Consulting Service Skid Loader Tire Repair Equipment Repair Supplies 2 Yield to Ped signs with base Freight Term Life Insurance Plaques Park Deposit Refund Teddy Bear Park Supplies Labor Hours & Fringe Tires for hot patcher and trailers Fuel Janitorial Supplies Rug & Towel Service Books on CD Library Materials Reimburse Expenses Library Materials Library Materials Event Set Up Page 2 23.98 144.99 553.84 346.21 1,722.60 250.00 101.46 463.59 646.00 214.55 437.50 156.00 88.88 1,464.00 31,750.55 6,901.99 1,510.93 918.00 103.55 2,747.17 5.00 4,100.70 1,500.00 38.49 293.19 557.31 11.23 398.40 103.25 100.00 122.85 91.19 891.08 12,233.80 34.32 63.21 39.96 94.68 53.53 201.15 878.61 42.63 EXHIBIT "A" TO RESOLUTION #2011 -101 Comcast Felsch, David Grady, Chad Grady,Ryan Grainger MN Dept of Labor & Industry MN State Horticultural Society Office of Enterprise Technology Olson, Jacob Peterson, Andrew Quill Rosentreter, Hannah S & T Office Products Sunset Cleaning Toshiba Van Paper Co. Washington County Library Wulfing, Drew JUNE MANUALS Fed Ex Kinko's GFOA Washington County License Center Xcel ADDENDUM AT &T B & B Products Rigs & Squads Bell Industries -RPG Clarey's Safety Equipment Clark, Dan Cummins Npower, LLC Gannaway, John Grainger Kuik,Tim Oxygen Service Company Qwest Roettger Welding Inc. Wally Carlson & Son Xcel Telecommunications Event Set Up Event Set Up Event Set Up Building Repair Elevator Permits Periodical Telephone Event Set Up Event Set Up Supplies Event Set Up Furniture Repair Cleaning Service Maintenance Contract Janitorial Supplies Reference Database Event Set Up Laminated Map Cafr Review License Plates Electricity, Gas Telephone Replaced Strobe Light Repairs for Boat New Fire Truck Parts Cleaning City Hall & Public Works Repairs to 6106 Fire Vehicle Reimburse Meals RRC Meeting Gas Valve Motor for Dehumidifier Reimburse overpayment Parking Ramp Medical Oxygen Telephone Repair Damage to Frank A Barge Fuel for Genset Electricity, Gas Page 3 49.90 17.76 88.81 42.63 138.63 200.00 34.00 655.65 14.21 42.63 288.36 14.21 46.82 230.00 32.33 563.64 591.05 17.76 64.28 435.00 472.00 20,364.75 76.12 75.99 528.81 1,025.01 1,057.50 2,439.40 7.75 757.46 5.00 141.75 973.46 2,682.63 1,436.12 15,633.08 TOTAL 200,648.22 EXHIBIT "A" TO RESOLUTION #2011 -101 Page 4 Adopted by the City Council this 5th Day of July, 2011 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -101 Abbott Paint &Carpet Action Rental, Inc. Ameriprise Aramark Uniform Services Aspen Mills Bixby Portable Toilet Service Brock White Co. LLC Brulin & Company Inc. Buckley, Kelly Carquest Auto Parts CATCO Parts and Service CDW Government, Inc. Century College Century Power Equipment Clearwater Recreation Cole Papers Comcast Delta Dental Engel, Stephanie Fastenal Company Fred's Tire Company Fun Jumps Garlock- French Corporation Gartner Restaurant Holdings LLC Harris Mechanical Services LLC Heritage Embroidery & Design Holiday Credit Office Hugo Feed Mill Iceman Industries, Inc. Ipromoteu J.B. Contracting Jefferson Fire & Safety, Inc. Johnson, Pam Kirvida Fire, Inc. L.T.G.Power Lake Country Door, LLC Lake Elmo Oil, Inc Lake Elmo Sod Farm, LLC Landscape Structures Inc. Life Safety Systems Lowe's Home Centers Inc. Madden.Galanter.Hansen LLP Magnuson Law Firm Menards Stain & Varnish Concrete Park Deposit Refund Pioneer Park Uniforms, Mats, Towels Uniforms Unit Rental City Parks Asphalt & Equipment Repair Supplies Bio Zyme II Park Deposit Refund Teddy Bear Park Equipment Repair Supplies Fuel Enhancer Cyberpower 425VA Training and Education Autocut Weed Whip Repair Kits for Murdock Fountains Maintenance supplies Internet Insurance Park Deposit Refund Teddy Bear Park Metabo Tire Repair Night to unite Repair Roof at PW Concession Supplies Rexnord coupling & Repair Dehumidifier Polo Shirts for Parking Dept Uniforms Fuel for Rec Center Clutch Cover Liquid Magnesium Nite to unite Repair Water Damage PW Roof Leak Equipment for New Fire Truck Park Deposit Refund Heritage Sq Pump Testing Fire Trucks Rebuild Kit Repair Large Park Door Fuel Air Boat Sod 2011 Flood Teddy Bear Digger Repair Damaged Equipment Repair supplies Labor Relations Services Professional Services Equipment Repair Supplies 66.86 160.31 100.00 810.52 126.65 36.34 10,093.98 86.55 100.00 915.18 249.63 96.74 320.92 32.01 289.12 515.36 208.32 243.30 100.00 78.65 60.12 160.31 31,075.96 1,068.79 4,946.57 96.64 7.99 52.72 2,436.76 1,364.31 1,750.00 8,796.02 100.00 1,178.46 112.46 214.50 263.37 132.25 31.15 824.02 47.95 57.50 6,876.83 356.98 EXHIBIT "A" TO RESOLUTION #2011 -101 Page 2 Midwest Fence Minvalco, Inc. Northside Welding & Repair LLC Office Depot Otis Elevator Company Pinky's Sewer Service Proguard Sports, Inc. RiedelI Shoes, Inc. Rosenbauer Firefighting Technology Ruffridge Johnson Equip. Co. Sherwin Williams Smith, Andrew Sprint St. Cloud State University St. Croix Boat & Packet Co. St. Croix Recreation Co. Standard Spring Parts Stillwater Medical Group Sun Newspapers T.A. Schifsky & Sons, Inc. Terry, Gail Tessman Seed Co. - St. Paul The Conach Group Tireproz Titan Machinery Traffic & Parking Control Co. UPS USAble Life Valley Trophy Inc. Vance, Shelly Wal Mart Community Washington County Transportation Wingfoot Commercial Tire Yocum Oil Company LIBRARY Ace Hardware Aramark AudioGO Baker & Taylor Blocher,Carolyn BWI Brodart Clay,Dylan Equipment Repair Supplies Honeywell Modulate Interface Replace Ventilation Grates Lily Lake, Repair Office Supplies Elevator Contract Parking Ramp Pump and Clean out Sandtrap Pro shop Supplies for Resale Skates for Resale Mount pump on new truck Equipment Repair Supplies Paint Refund 2 Learn to Skate Registrations Cell Phone Driving school Arena Billing June 2011 Equipment Repair Supplies Equipment Repair Supplies Drug testing applicants Publications Asphalt and Tack Oil Reimbursement of Parking Ramp Fee Seed for flood area June 2011 Legislative Consulting Service Skid Loader Tire Repair Equipment Repair Supplies 2 Yield to Ped signs with base Freight Term Life Insurance Plaque Park Deposit Refund Teddy Bear Park Supplies Labor Hours & Fringe Tires for hot patcher and trailers Fuel Janitorial Supplies Rug & Towel Service Books on CD Library Materials Reimburse Expenses Library Materials Library Materials Event Set Up 23.98 144.99 553.84 346.21 1,722.60 250.00 101.46 463.59 646.00 214.55 437.50 156.00 88.88 1,464.00 31,750.55 113.29 1,510.93 918.00 103.55 2,747.17 5.00 4,100.70 1,500.00 38.49 293.19 557.31 11.23 398.40 95.23 100.00 122.85 91.19 891.08 12,233.80 34.32 63.21 39.96 94.68 53.53 201.15 878.61 42.63 EXHIBIT "A" TO RESOLUTION #2011 -101 Comcast Felsch, David Grady, Chad Grady,Ryan Grainger MN Dept of Labor & Industry MN State Horticultural Society Office of Enterprise Technology Olson, Jacob Peterson, Andrew Quill Rosentreter, Hannah S & T Office Products Sunset Cleaning Toshiba Van Paper Co. Washington County Library Wulfing, Drew Telecommunications Event Set Up Event Set Up Event Set Up Building Repair Elevator Permits Periodical Telephone Event Set Up Event Set Up Supplies Event Set Up Furniture Repair Cleaning Service Maintenance Contract Janitorial Supplies Reference Database Event Set Up Page 3 49.90 17.76 88.81 42.63 138.63 200.00 34.00 655.65 14.21 42.63 288.36 14.21 46.82 230.00 32.33 563.64 591.05 17.76 THE BIRTHPLACE OF MINNESOTA APPLICATION FOR PERMIT TO SELL Permit No 2011 -- 30 Organization Organization Type (Individual, For - Profit, or Non - Profit) Individual Location Lily Lake Park First Name Brent Address 521 W. Pine St City Stillwater Last Name Sharon State MN Zip 55082 Date of Birth: Mailing Address (if different than above) Daytime Phone 308 -4279 Other Phone Event (softball game, wedding, etc. Ball Tournament Type of Activity (fund raiser, dancing, music etc.) Beginning Day: Friday, July 22, 2011 Beginning Time 1:00 PM Ending Day Sunday, July 24, 2011 Ending Time 6:00 PM Selling of Beer 3 -2 Selling of Beer (over 3 -2)* ❑ Selling of Liquor* Selling of Wine* *Requires a temporary license through MN Liquor Control Diane Ward, City Clerk OFFICE USE ONLY Permit to Sell Issued Li Approved by City Council on CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwatermn.us City Council DATE: July 1, 2011 CASE NO.: 11 -14 APPLICANTS: Leon & Sharon Thumes REQUEST: Street vacation of a portion of North Broadway St LOCATION: Southeast of 101 Ridge Lane Drive COMPREHENSIVE PLAN DISTRICT: LMDR - Low /Medium Density Residential ZONING: RB - Two - family District CC DATE: July 5, 2011 REVIEWERS: Community Dev. Director, City Engineer, and the Stillwater Board of Water Commissioners PREPARED BY: Michel Pogge, City Plann' DISCUSSION Leon & Sharon Thumes, property owners of 101 Ridge Lane Drive, have completed a survey of their property and home. The survey shows an undeveloped triangular portion of North Broadway St in the southwest corner of their lot, which they are requesting that the City vacate. The area of the requested street vacation is 535 square feet. The Thumes would like to have this portion of Broadway St vacated in order to create a more uniform property line. Currently on this site, there are a set of stairs, retaining wall, and other landscaping features installed and maintained by the Thumes'. Additionally, the survey showed a public storm sewer main on their property and outside of any easement. The Thumes' are proposing to convey a storm sewer easement to the City that will cover the exiting storm sewer main. The total proposed easement area is 535 square feet. Thurmes ROW Vacation Request Page 2 EVALUATION OF REQUEST When considering if publicly owned property should be vacated there are three basic items the City considers. A. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. a. The area contains no known public utilities. The vacation request shows that they would convey a storm sewer easement along the south side of the property for an existing storm water main. B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. a. Other than obtaining an easement over the existing storm sewer main, City Staff does not believe any other terms, conditions, reservation, or dedication is needed. C. The street vacation has a public benefit and is not being vacated for the sole benefit of an adjacent property owner. a. With the proposed vacation the property owner is dedicating an easement over an existing storm sewer main which is currently outside of any easement or right -of -way. With this dedication staff finds that the public is benefiting and the vacation is not for the sole benefit of the adjacent property owner. FINDINGS The right -of -way that is request to be vacated currently has no public purpose or use. The vacation as conditioned would not be injurious to the neighboring properties and otherwise detrimental to the general public if the property were vacated. There appears to be a public benefit in vacating right -of -way and is not at the sole benefit of the adjacent property owner. ALTERNATIVES The City Council has the following options: 1. Approve the right -of -way vacation request. Staff would suggest the following conditions for approval: a. A storm sewer easement for the public storm sewer main be conveyed to the City that covers the existing storm sewer main on the property. 2. Deny the right -of -way vacation request. 3. Continue the public hearing until the July 19, 2011 City Council meeting. The 60 day decision deadline for the request is August 18, 2009. Thurmes ROW Vacation Request Page 3 PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing and reviewed the request at their June 13, 2011 meeting. The Commission unanimously recommended City Council approve the street vacation requested as conditioned. STAFF RECOMMENDATION That the City Council approve the vacation requested as conditioned. Attachments: Applicant's request and Certificate of Survey. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING PART OF NORTH BROADWAY ST CASE NO. 2011-14 WHEREAS, a Petition was presented praying for the vacation of part of North Broadway Street in the City of Stillwater, Minnesota, hereinafter described; and, WHEREAS, the Stillwater Planning Commission held a public hearing on 13th day of June, 2011, to consider the vacation request and after receiving all public comments the Commission unanimously recommended City Council approve the street vacation of part of North Broadway Street; and WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes §440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 5th day of July, 2011, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City and the abutting owners that the portion of the street be returned to the tax rolls; and WHEREAS, the property owner has agreed to provide a storm sewer easement in exchange for the proposed street vacation; and WHEREAS, it appears in the public interest that a portion of the street be vacated since it is no longer needed for public purposes and if returned to the tax rules would improve. the tax base of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be and the same is hereby granted, that the following Street, be and the same is hereby vacated: (AS DESCRIBED IN BOOK 204 OF DEEDS, PAGE 12) That portion of the El /2 of vacated North Broadway Street lying West of Lot 23, Block 32, descNbed as follows: Beginning at the SW corner of said Lot 23, Block 32, of said Addition, thence West on the prolongation of the south line of said Lot, 30 feet, thence North 39'48' East 46.9 feet to the west line of Lot 23, thence South on said west line 36 feet to the point of beginning. A copy of a survey depicts the areas the map attached hereto as Exhibit A; and Page 2 of 2 BE IT FURTHER RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the vacation shall be filed with Washington County Recorder's office only after and executed storm sewer easement is provided to the City and approved to form by the Stillwater City Attorney. Adopted by affirmative vote of all the members of 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 (a e 7M1 ►IITM ►LICE Of ■ICICIITO CITY OF STILLWATER PLANNING COMMISSION MONDAY, JUNE 13, 2011 ' EXCERPT *' CALL TO ORDER Present: Commissioners Spisak, Malsom, Buchanan, Siess, and Kocon, Councilmember Menikheim Absent: Commissioners Gallick, Hansen, Kelly, Dahlquist Staff: Community Development Director Turnblad and Planner Pogge Vice Chair Spisak called the meeting to order at 7 p.m. PUBLIC HEARINGS Case No. 2011 -14. A street vacation request for a small portion of Broadway Street North adjacent to 101 Ridge Lane located in the RA, Single Family Residential District. Leon and Sharon Thurmes, applicants. City Planner Pogge presented several diagrams of the property indicating the portion the applicants wish to vacate. He continued by saying that a survey has been completed on this property, showing an undeveloped triangular portion of North Broadway St. in the southwest corner of their lot, which the owners are requesting that the City vacate in order to create a more uniform property line. He informed the commission that currently on this site are a set of stairs, retaining wall, and other landscaping features installed and maintained by the Thurmes; however the survey also showed a public storm sewer main on the thurmes' property that is outside of any easement. He stated that the Thurmes' are proposing to convey a storm sewer easement to the City that will cover the existing storm sewer main. The total proposed easement area is 535 square feet. Planner Pogge advised the Commission that when considering if publicly owned property should be vacated there are three basic conditions the City considers. One condition is whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. He informed the Commission that staff has confirmed with Engineering and the Water Board that the area under consideration contains no known public utilities and that the vacation request shows that there is a storm sewer easement along the south side of the property for an existing storm water main for which the owners have agreed to provide a public storm sewer easement; therefore staff believes that the property in question is not necessary for any public purpose at this point in time. Planner Pogge stated that the second condition is whether any term, condition, reservation, or dedication of any easement or interest in the property is necessary or desirable for public purposes and permitted by law. He stated that other than obtaining an easement over the existing storm sewer main, City Staff does not believe any other terms, conditions, reservation, or dedication is needed. City of Stillwater Planning Commission June 13, 2011 He stated that the street vacation has to have a public benefit and is not being vacated for the sole benefit of an adjacent property owner and that it is the staffs belief that as proposed for this property there are other benefits for the public and not just for the requesting property owner. He informed the commission that with the proposed vacation the property owner is dedicating an easement over an existing storm sewer main which is currently outside of any easement or right -of -way and that the staff finds that the public is benefiting and the vacation is not for the sole benefit of the adjacent property owner. He stated that the staffs suggestion is that the commission recommends approval of the vacation with the condition that the owners provide the storm sewer easement as shown on the documents. Commissioner Siess stated that it is her understanding that if the owners are vacating we are basically giving them the property. Planner Pogge responded that this is correct. In this case there is an exchange with the easement of like amount of property, one for one. At one point in time, prior to subdivision, this was their property. Basically the land is now reverting back to the original property owner. Dan Thurmes, son of the applicants, introduced himself and was available for questions. Vice Chair Spisak opened the public hearing. No public comments were received. Public hearing closed. Motion by Commissioner Buchanan, seconded by Commissioner Malsom to approve the right - of -way vacation request as conditioned. Motion passed unanimously. Page 2 of 2 R2IW R20W RI9W T32N T32N T3IN TIN YOUAREHGW! Ti7N T30N T29N T29N T28N ,1111 Air ir T27N T28N R22W R2 1W R2OW Vicinity Map 0 52 Scale in Feet T. ..alt of rmn nod °nt,�onot.� nm D. County ono. ry shoot no us. for reinter. ee6Ngbn County a rot =f661)13660 6ointySumyo ?. 01%u oe,wi cm c.... on MtlOt mom.len wry 36, 3011 Moo punt. A.126 2011 1- 12' 25 .1 60 / /V189:' 3"E ----- HIGHWAY RICHT OF WAY iNE --------- N8934'00"E 223.77 ,FoUNO 2' PON we 0.1 0451 4 0,7 NORTH OF 001 C00040 6410 00 1)0 11e 5°390 10 .0 112601 J 67100 .65 60000(61 10 10001 L CORNER OF 001 5 ' 1,- POUNO IRON PPE al' tF NORTH Of LOT 1.44 APPARENT BLUFF Lere MiI/P \Atm., 0 7, APPARENT 04UFF LNE 64 1 0110 OF 51104410e OUT CLAN 0000 PER OK, 204, PC, 12-, FOUNO 1/2. IRON -PPE ON LOT LINE lebS, APPARENT 1,61.11. PROPOSED EASEMENT: An easement for underground storm sewer purposes under and 011005 11141 part of the following described 01000045 Lot 23,61000 32. Cull and Schulenburg's Addition to Stillwater, according to the plat thereof on Ole and of record In the office of the County Recorder, Washington County, Minnesota, together with that portion ofthe 1112 of vacated North Broadway, which accrues thereto by reason of the vacation thereof. said easement is described 00 6101991611 at the southwest corner *6 5041 Lot 23; thence on an assumed bearing 01 606611 89 degrees 50 minutes 13 seconds East along the southerly line of said Lot 23 a distance of 71.46 feec thence North 56 degrees 05 minutes 47 seconds West a distance of 18.56 feet; thence South 83 degrees 29 minutes 54 seconds West a distance of 69.91 feet; thence South 15 degrees 33 minutes 55 seconds West a distance 01 2.76 feet to the westerly extension of the southerN line of said Lot 23; thence North 89 degrees SO minutes 13 seconds East a distance of 14.15 feet to the POINT 09 86111661611. 0_ \ PROPOSED VACATION: (AS DESCRIBED IN BOOK 204 OF DEEDS, P04116 121 That portion of the El /2 01 04064016 North Broadway Street lying West of 100 23, Block 32, described as follows: Beginning at the SW corner of sald Lot 23, Block 32, of said Addition, thence West on the prolongation 0( 11. south line of said Lot, 30 feet, thence North 39'48' East 46.9 feet to the west line 06 101 23, thence 50810 06 said west llne 36 feet to the p0101 06 beginning. \ EXCHANGE AREAS: 0 ‘ \ 1°' S ■ *". * * Mil DENOTES PROPOSED VACATION 17 \ ■'`1-' IL \ r DENOTES PROPOSED EASEMENT ,, Vo ■. -...,,, .s,, / ■ ■• ,.,,. AREA OF PROPOSED EASEMENT =535SCSFE 6566 06 PROPOSED VACATION =535 SELFT ,,,;.s4 ----- ...‘„ 19.4.1.5 ' :- -- / , 30 00 4„, .. '`...7.-- 66 . F..„ i N895913 E ,C3.9.■ 4,4 `-v3E5YERLY ;,.,` :7; ExTENSiON /I 1 9, 6 & 0 1 AIO- - 3 " RI DGV LA N rDRVE - 1-- SW CORNER OF LOT 21 60 it a awsirPre/ / k'--F-01Al2 5900 AT paeCO, CORNER 1-- SOUTH Lele OF LOT 23 ,../150.00 -S119`. 50'13" W 10,00 PLAT 0 -„, 31051rEN1 5LT / 66 0001100-'' of, 1.01 23 '1/ NO 1104100EN1 SET ------ 14. POSITION 06 RON PIPE SET BY exeRerr STACK ON Suavey 04160 (Ea a, 1934 51.16 S89°42' 24" W <>EXISTING LEGAL DESCRIPTION: (The fo8ow1ng legal description per Warranty Deed Doc. No, 507758) All of Lot 5, Nock 32, Carli and Scholenburg's 7411661(00 10 Stillwater, according 00 0110 plat 11101001 00 file and of record In the office of the County Recorder, Washington County, Minnesota, together with that portion of the 61 /2 of Vacated North Broadway, which accrues thereto by reason 06 100 vacation thereof. and All of tot 23. Block 32, Carli and Schulenburg's Addition to Stillwater, according to the plat thereof on Ille and of record M the offke of the County Recorder, Washington County, Minnesota, together with that portion of the El /2 of vacated North Broadway, which 000,004 thereto by reason 06 the vacation thereof, meet that portion oi the 61 /2 of vacated North Broadway Street lying West 41.06 23, Block 32, described as folloves: Beginning 40 1116 SW corner of saki Lot 23, Block 32, of said Addition, thence West on the prolongation 061110 50001 line of said Lot, 30 feet, thence North 39'48' East 46.9 feet to the west line of Lot 23, thence 50,011 00 said west line 36 feet to the point of beginning. (ABSTRACT PROPERTY) and AU of Lot "I' of REGISTERED LAND SURVEY No. 7. now on file in the offke of 0110 509(01640 of Titles In and for the County of Washington, State of Minnesota, EXCEPT the following: 1.1110 point of beginning of this description Is the most South corner of Tract 7, thence North along the West line of said Tract T on a beating N. 001)0' E. for 82.36 ft: thence 5. 2713' E. for 56.B ft. to Its Intersection with the southeasterly line of said Tract 7; thence 5. 38'03' W. along said Southeasterly llne of Tract -r for 39.3 ft. to 10100 00 beginning. 2. All that part of Tract 7 06 61.1.0, No. 7 lying and being Immediately adjacent 10 114016 "E", 7" and "FE of saki Registered Land Survey 610. 7. 3. The West 12 ft. of said Tact 7 of Registered Land Survey No. 7, lying and being immediately adjacent to Tracts '9 and le of said 61.1.0. *7. 4. The East Twenty-flve (251 feet of all that pan of Traa 7 lying and being immediately East of the North Thirty-five (351 feet of Tract' I'. /10 15 the grantor's intention to release her easement over the East Seven (7) feet of the West Twelve (121 feet *1 06* North ThIrty-f)ve (35) feet of that pan of Tract T lying and being Immediately Emt of the North 'fhirty-flve (35) feet of Tract T.) 1065(93 PROPERTY) AREA: fOTAL AREA OF PARCEL = 43,814 SC),FT. ' 1.01 ACRES TOTAL AREA EXCLUDING HIGHWAY EASEMENT = 31,443 SQ.FT 0.72 ACRES o SURVEY NOTES: 1. BEARINGS ARE ASSUMED. 2. UNDERGROUND UTILITIES 6606 SHOWN. e+) EXISTING EASEMENT NOTES: The following easements as shown on Chicago Tide Insurance Company tide commitment no. 2389. dated May 2141..1986 I. Excepting and reserving to the State of Minnesota am minerals and mineral rights, as provided by law. (NOT SHOWN ON SURVEY) 2. Highway Easement per Doc. No. S02415 (AS SHO)VN ON SURVEY) <> SYMBOLS: • MANHOLE • CATCHBAS1N <3 SANITARY MANHOLE LL3 CONCRETE • DENOTES FOUND 1/2" IRON PIPE o DENOTES SET 1 /2' IRON PIPE MARKED /515 25718 TO BE SE1 e HYDRANT SIGN 3 LIGHT POLE 1. TELE/ELEC BOX -LE- UNDERGROUND ELECTRIC - -- 5109. 506061 - 1 - WATERMAIN ->y- STORM SEWER ELECTRIC MANHOLE <> UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTIUTIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. 114E SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILMES SHOINN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE 0055 06611690 THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTIUTIES. ADDITIONAL UTIUTIES OF WHICH WE ARE UNAWARE MAY EXIST. cAu. errogr Wel DICI Gopher State One Call 'MN CITY AREA: 65 1 -559- 0002 2052 BBL. .00-252 CONTACTS LEON & SHARON THURMES un RIDGE LANE STILLWATER, MN 55082 T: 651-439-2837 <>COUNTY/CITY: 1-1 1 ni -r cLI c:=3. ILA r-..1 1 ST I L L_VVA-r Fk. REVISIONS: DATE REYSION 8-29-09 PRELIMINARY ISSUE 5-5-11 PROPOSED EXCHANGE NORTH 0 10 20 111/ SCALE: I INCH - 106101 CERTIFICATION: I hereby certify that dm Nan was prepared by me. m under my direct superviskin, and Mari am dub Licensed Land Surveyor under the lawt or the state of MINNESOTA (zzrz., :, i4114.5 Connie). ViKari ResIstre1)0/1 41572 D... 8-20-09 PROJECT LOCATION: RIDGE LANE PID#2103020410008 PID#2103020410005 PID#2103020410018 Suite 48100 200 E. Chestnut Street StIlwater. MN 55082 651,275.6989 Fax 651.275.8976 den@ essurvey .net CORNERSTONE LAND SURVEYING, INC FRE NAME PROJECT NO. THURMES.CRIVC 0005010 CERTIFICATE OF SURVEY GAS 1,0ER- LI 1/ CITY OF sTILLwATER Ourr cLkill ME0 PER sv.. 204. PC. t2 // O 1 a • , • • • • . 1 • • • CATCi, BASIN, i a in . .ter. . . 1 • , ° • 1 _8. °20`5414 1 r s • • a A A to/ / A 7 I/f L� -i GHA L1NK FENCE _ 1 °556 ./ r/" � " o'" L.- SOUTH LINE OP LOT 23 150 O POUND 1/2° IRON PIPE ON LOT LANE N�B s, ss .46 0'l3 "C' / ( -POUND SPIKE AT PARCEL CORNER t\ C 14.15 30.00 j.-r= •" - ORNER N$9 °50'13 °E� SW OP LOT 23 !1 �` hni WESTERLY ASjn H r EXTENSION SURF-ACE) ^ m OF THE (B UMtNOUS SU NE n�LOTL123r',J RIDGE LANE DRIVE r/ � - /� �rd � 05�� 'vr ryry ., Michel Pogge From: Torry Kraftson Sent: Tuesday, June 07, 2011 11 :56 AM To: Michel Pogge Subject: RE: N Broadway Street Vacation Mike, There are no City utilities that we are aware of in that triangular parcel. The easement that they are proposing over he storm sewer at the end of Ridge Lane Drive would be beneficial to the City. Sincerely, Torry Kraftson Assistant City Engineer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Phone: 651- 430 -8831 Fax: 651- 430 -8810 Email: tkraftson(ci.stillwater.mn.us From Michel Pogge Sent: Tuesday, June 07, 2011 9 :29 AM To: Torry Kraftson Subject: N Broadway Street Vacation Torry- As you know, Leon & Sharon Thumes, property owners of 101 Ridge Lane Drive, have completed a survey of their property and home. The survey shows an undeveloped triangular portion of North Broadway St in the southwest corner of their lot (see attached map). The area of the property they are requesting to be vacated is 535 square feet. The Thumes would like to have this portion of Broadway St vacated in order to create a more uniform property line. Do you have any public utilities in this area that we should be concerned about. Thanks, Mike Michel Pogge, AICP 1 City Planner 1 City of Stillwater 216 North Fourth Street 1 Stillwater, MN 55082 1 651 -430 -8822 1 651- 430 -8810 (Fax) mooRRe(ci.stillwater.mn.us 1 htto: / /www.ci.stillwater.mn.us 1 Facebook 1 Michel Pogge From: Robert Benson [ rbensonwaterboard @gwestoffice.net] Sent: Tuesday, June 07, 2011 1 :52 PM To: Michel Pogge Subject: 101 Ridge Lane Mike, Our records show that there is no Water Main or Services Lines in that area, although there are two Sanitary Sewer Services that run down Ridge Lane Drive from a Manhole on First Street N to service 101 and 1 Ridge Lane Drive. Not sure how they enter the properties. Robert. Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 7/4/2011 Re: Second Reading of Ordinance Allowing Tap Room License for Brewery As a result of City Attorney Magnuson's clarification of the Sunday liquor license for breweries, the proposed ordinance contains the correct language and is ready for the 2nd reading. As stated in my last memo: "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. This ordinance 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.). If they chose to stay open until 2:00 a.m., they would have to complete the 2:00 a.m. license application and pay the State. Should Council approve the 2nd reading, Council will have to set a fee for the Tap Room License, 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 (if zoning allows) 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 adopting the ordinance and a motion to 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 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641 www.MAGNusoNLAwFiRm.com DAVID T. MAGNUSON JOHN D. MAGNUSON DTMAGNUSON @MAGNUSONLAWFIRM.COM JDMAGNUSON @MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council, City Administrator and City Clerk FROM: David T. Magnuson DATE: June 27, 2011 RE: On Sale Sunday Liquor Regulations Minnesota State law allows the City to issue Sunday On Sale liquor sales licenses to a restaurant, club, bowling center or hotel with a seating capacity of at least 30, to sell intoxicating liquors on Sunday between the hours of 10 a.m. and 2 a.m. on Monday "in conjunction of the sale of food ". Since the new brewer Tap Room regulations provide that the holder of a Brewer Tap Room license may also "operate a restaurant at the brewery ", a brewery tap room could be allowed a Sunday sale license if they operate a restaurant at the site with a seating capacity of at least 30 persons. Respectfully, ,• (; David T . gnuson DTM/kaf Memorandum lllwater Administration To: Mayor & City Council From: Diane Ward Date: June 29, 2011 Re: Patriots Tavern — Addition to Liquor License Premises In August 2010, Council approved a liquor license to Patriots Tavern located in Liberty Village. The concept of the patio has always been in place, however until now it was not a reality. They have added a patio with seating and have requested that it become part of their license premises so that they are able to serve alcohol on the patio. This portion of the establishment was not included in the original application, therefore Council needs to approve the addition and then I can forward it to the state. RECOMMENDATION: Staff recommends that the patio be added to the current license premises. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion approving the patio of Patriots Tavern to be included in the establishment's license premises. 1='47 I 0 F'1...041\1 SCALE: V4" 0 SQUARE FOOTAGE LOWER LEVEL: MAN LEVEL: 2315 UPPER LEVEL: GARAGE: PORCH: DECK: JOB NUMBER: DATE DRAWN: 1/22/2010 DRAWN BY: MG RELEASE DATE: REVISION DATE PAGE • P1 SHEET TITLE PATIO PLAN 1 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 6/24/2011 Re: Change of Meeting Date — August 2, 2011 to July 26, 2011 As in the last few years Council has wished to attend Night to Unite neighborhood festivities. Night to Unite is on the 1st Tuesday of the month; therefore Council would need to pass a motion changing the 1st meeting of the month of August to Tuesday, July 26. That motion allows me to publish the change. Washington C tY FYI BOARD AGENDA JULY 5, 2011- 9:00 A.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 1. 9.00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the tweeting 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. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Ann Pung - Terwedo, Senior Planner Resolution — Submittal of Applications for Funding Under the 2011 Regional Solicitation for Federal Transportation Projects Program 5. 9:20 Information Technology /Community Services Mjyke Nelson, and Dan Papin, Directors Contract with Next Chapter Technology — CaseWorks Workflow Management Tool 6. 9:35 Community Services — Dan Papin, Director Contract Cancellation Notice with East Suburban Resources, Family Support Grant, and Human Services, Inc. 7. 9:45 General Administration — Jim Schug, County Administrator Audit Committee Annual Report 8. 9:55 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:25 Adjourn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REMINDER: NO BOARD MEETING JULY 19 — NATIONAL ASSOCIATION OF COUNTIES CONFERENCE MEETING NOTICES ** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date July 6 July 6 July 7 July 7 Committee Plat Commission Metro Emergency Services Board MN High Speed Rail Metropolitan Energy Policy Coalition Time Location 9:30 a.m. 10:30 a.m. 10:30 a.m. 12:00 p.m. Washington County Government Center 2099 University Avenue West — St. Paul 454 West 5th Street — Red Wing 100 Empire Drive — St. Paul Assisfive listening devices are available for use in the County Board Room If y,,...,00.i _2.c;.mnro d.,,, v, d ;o�nna. �, in etzep nmrrmr nlcuca r.0 4ae11 ean.annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 5, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval to adopt the revised Internal Revenue Service mileage reimbursement rate 55 cents per mile, effective July 10, 2011 as required by Policy #5032, Meals, Mileage and Other Authorized Expenses Reimbursement and Policy #6008, Meals, Mileage and Other Expense Reimbursement for Elected Officials. B. Approval to appoint David Korte, Stillwater, and Daniel Belka, Woodbury, as Citizen Representatives to the Groundwater Advisory Committee to first terms expiring December 31, 2012. Public Health and Environment C. Approval and authorization for the County Board Chair and the County Administrator to enter into an agreement with the following contracted wellness program vendors for an onsite mini farmers market: Novack's Orchard, LLC; Schwartz Family Farms; and Zoua and Dang's Farm. *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 June 14, 2011 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Autumn Lehrke, District 4. Commissioner Lisa Weik, District 5, absent. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Hegberg — reported on the Public Risk Management Association conference he attended last week; and the Minnesota Counties Intergovernmental Trust will be issuing an increase to dividends; - Commissioner Lehrke — reported she met with the Newport Library to discuss its future; she met with staff and toured the HSI building; she attended the Metropolitan Library Service Agency, she attended a local 4 -H meeting where she and her husband presented them with an appreciation award for their leadership; she attended the Grey Cloud Island Township meeting; and she announced that the Cottage Grove Strawberry Fest will be held this weekend and she will participate in the bocce ball tournament; she also noted that she will be attending the National Association of Counties annual meeting in Portland, Oregon on July 14 -20; - Commissioner Pulkrabek — asked if 4 -H is budgeted for 2012; he was informed that as a result of discussions last year, the county will be budgeting $30,000 which is the same amount as 2011; Commissioner Kriesel — announced that he attended the Gateway Corridor and the St. Croix River Crossing Coalition; and he will attend a meeting hosted by Representative Andrea Kieffer at the Oak -Land Junior High. Community Services Amendment Number One to the grant contract with the Minnesota Department of Human Services for the Chemical Health Care Home Pilot Project extending the term to June 30, 2013 and allocating additional funding. General Administration Approval of the following actions: Bob Tatreau, Woodbury, asked that the County Board repeal the quarter cent sales tax for transit; Steve Ellenwood, Woodbury, asked if a study has been performed showing how many people would stop driving their cars and ride the train, instead of conjecture from the Metropolitan Council; May 24, 2011, County Board meeting minutes; Resolution No. 2011 -068, participation in the 2011 Performance Measurement Program; Legislative update on the possible State shutdown and its effects on transportation and community services programs; Letter to be sent to Governor Dayton advising him to sign the budget bill. Information Technology Approval of a three year agreement for email encryption support with ZixCorp Systems, Inc. Public Health & Environment Approval of agreement with the Minnesota Department of Health for an amendment to the Statewide Health Improvement Program grant funding in the amount of $69,545 until September 30, 2011; Public Works Approval of the following actions: - Amendment No. 2 to the contract with Toltz, King, Duval, Anderson and Associates for final design services on the Hardwood Creek Trail Bridge over CR 83 in Forest Lake; Amendment No. 1 to contract with Bonestroo for construction inspection services on the Hardwood Creek Trail Bridge over Broadway Avenue in Forest Lake; - Workshop held for an update on the Counties Transit Improvement Board June 15 meeting. Regional Railroad Authority Approval of the following actions: - Regional Railroad Authority minutes from April 12, 2011; Resolution No. RRA- 2011 -001, approval to use 2009 Counties Transit Improvement Board funds for the Gateway Corridor Alternative Analysis Study; - Budget amendment in the amount of $60,000 for the partial funding of the additional Managed Lane alternative to the Gateway Corridor Alternative Analysis Study; - Amendment #1 to contract with CH2M Hill, Inc. adding a Managed Lane alternative to the Gateway Corridor AA Study at a cost not to exceed $99,917. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners June 7, 2011 Present were Commissioners Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Commissioner Dennis C. Hegberg, District 1, absent. Board Chair Kriesel presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — presented opening remarks to the Workforce Investment Board Business forum; she attended the Metropolitan Mosquito Control Executive Committee, the I -94 Gateway Alternative Analysis Policy Advisory Committee; and she reported that she would not be attending the June 14 County Board meeting, she will be in Washington D.C. for the Transportation Alliance Fly -in; she attended the Resource Recovery Budget Committee meeting, the Memorial Day Service at the Woodbury City Hall Campus; met with the Youth Service Bureau Director and will tour that facility; and she attended the Metropolitan Energy Policy Coalition; - Commissioner Lehrke — reported she attended the Minnesota High Speed Rail meeting, and a Cottage Grove Chamber of Commerce event; and she will meet with the Newport Library to discuss their future and will tour the HSI Building in Oakdale; - Commissioner Pulkrabek - in response to recent events, read a brief prepared statement to the County Board and staff: "I am disheartened by the false accusations that were leveled against me last week and I am innocent of any wrong doing in this matter and I look forward to fully proving my innocence as the judicial process moves forward ": - Commissioner Kriesel — attended the Disabled Veterans Board, Gateway Corridor, Community Corrections, Plat Commission, Metropolitan Emergency Services Board, and the Metropolitan Energy Policy Coalition. Community Corrections Approval to enter into the Juvenile Accountability Block Grant agreement with the State of Minnesota to accept federal dollars in the amount of $12,447. Community Services Approval of the following actions: - Appoint Susan Peichel, Hastings, to the Workforce Investment Board representing Adult Basic Education to a first term expiring June 30, 2014; - Workforce Center's Local Plan for Workforce Investment Act programs for program year 2011; Contract with AccessAbility Options, Inc. to provide the Home and Community Based Service of Environmental Accessibility Modifications for individuals on medical assistance waivers; - Recognition for Joey Olson, Hugo, and Jody Urbana, Cottage Grove, who received the 2011 Family Child Care Providers of the Year awards. General Administration Gary Williams, St. Mary's Point asked that the County Board take over the $300 per radio maintenance cost for the 800 MHz Radio System; May 17, 2011 County Board meeting minutes; - Presentation of the 2010 Annual Performance Measures and Indicators Report; - Legislative update on a potential county impact of a State shutdown; County Board to meet with the Legislative delegation to discuss transportation and transit issues; Board correspondence was received and placed on file. Human Resources Executive (Closed) Session for attorney - client privilege to discuss the LELS arbitration award dated May 15, 2011 regarding the option to appeal. Information Technology Approval of single line fixed price agreement with Qwest for three years from June, 2011 through May, 2014. Public Health and Environment Approval of the following actions: - Students of Kathleen Ferguson Quinn's Stillwater Area High School civics class presented their "We the People- Project Citizen Topic" on "Protecting the Wetlands ", which they donated to the county to display at the county parks and libraries; - Board workshop held to discuss the County Waste Management Plan Revision. Public Works Approval of the following actions: - Set public hearing date of July 12, 2011 to consider the updated Washington County zoning map for Denmark Township; - Set public hearing date of July 12, 2011 to consider a text amendment to the Washington County Development Code, Section 6.1(3)(C) and G pertaining to wind energy conversion systems, submitted by David and Cynthia Krueger; - Hold Summer Tuesdays event sponsored by the Greater Stillwater Chamber of Commerce on the Historic Courthouse grounds; - Broadway Avenue (CSAH 2) project budget and proposal to pilot a potential change to Contract Policy #1201 to improve efficiency; - Resolution No. 2011 -067, final payment for Phases 2 -4 contracts on the 2025 Government Center Campus Improvement Project to General Sheet Metal and People's Electric Co, Inc.; - Cooperative agreements with the City of Cottage Grove to facilitate use and replacement of land in the Cottage Grove Ravine Regional Park for the construction of a new public safety building /city hall; and agreement for associated road and utility improvements; Update from Lockridge Grindal Nauen on Federal legislative items; Sheriffs Office Approval of the following actions: - Amendment #4 to the Joint Powers Agreement with the State of Minnesota, Commissioner of Corrections: - Recognition to the Sheriffs Office for a perfect score received on a recent facility inspection report from the Minnesota Department of Corrections. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Washington = County BOARD AGENDA JUNE 28, 2011- 9:00 A.M. Board of Commissioners Dennis C. Hegberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. 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 ifit is not relevant to an issue that is part of Washington County's responsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Works — Wayne Sandberg, County Engineer Discuss Impacts of State Shutdown on Construction Projects 5. 9:20 Human Resources — Kay McAloney, Director Nationwide's Deferred Compensation Revised Plan Documents 6. 9:25 General Administration — Jim Schug, County Administrator A. Resolution - Approval of the 2010 Census Count Question Resolution Challenge — Amanda Hollis, Management Analyst II B. Resolution to Purchase a Conservation Easement on Armstrong Property — Jane Harper, Principal Planner 7. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:05 Adjourn 10. 10:10 to 10:30 - Board Workshop with Public Works Review the Role of the Transportation Advisory Board, the Regional Solicitation Process, and the 2011 Regional Solicitation 11. 10:30 to 11:15 - Board Workshop with Representatives of the Metropolitan Council Discuss Issues of Mutual Interest and Concern ** *MEETING NOTICES LISTED ON BACK * ** Assistive listening devices are available for use in the County Board Room ifyn„ noon cccicinnro ,.< i,ww„ago eo.r;or nio�c■ ,n' fl eln_ennn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 28, 2011 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the June 14, 2011 County Board Meeting minutes. Accounting & Finance B. Approval to make appointments /reappointments for committee and commissions that expire June 30, 2011. C. Approval to appoint Kenneth Heuer, Oakdale, to the Historic Courthouse Advisory Committee, to a first term expiring December 31, 2012. D. Approval of contract with DLT Solutions for up to $99,990 to provide consultant support to optimize accounting system functionality in anticipation of a potential future need to migrate to an upgraded version of the software. Community Services E. Approval of the Fraud Prevention Investigation (FPI) Plan and Grant Application for the time period of July 1, 2011 through June 30, 2013. F. Approval of a needs determination for East Suburban Resources to develop a new Adult Day Training and Habilitation Program site. Property Records and G. Approval of the plat of Nelsons Hillside Estate located in May Township. Taxpayer Services Sheriff H. Approval of resolution, application from the St. Paul East Parks Lions Club to conduct excluded bingo at the Washington County Fair. I. Approval of resolution, application from the Ladies Auxiliary VFW Post 323 (Stillwater) to conduct off -site gambling at the Washington County Fair. J. Approval to use fund balance of $8,000.00 from the Sheriff's Office 911 Fund (Fund 117) to pay the Sheriff's Office portion of the start-up costs for the county's new CodeRed Emergency Notification System. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.\ ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MEETING NOTICES ** (**Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location June 30 Red Rock Corridor Commission 4:00 p.m. Cottage Grove City Hall