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Home My WebLink About2011-11-01 CC Packet • ater IN! NINTNPLA C! Of NIINNQUTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 1, 2011 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M.AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Joint Workshop with Browns Creek Watershed District OPEN FORUM Out of respect for others in attendance,please limit your comments to 5 minutes or less. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 2. Possible approval of October 18, 2011 regular meeting minutes 3. Possible approval of October 31, 2011 special meeting minutes PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS 4. Certificate of Appreciation — Volunteers of St. Paul Lutheran Church STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir/City Engr. 10. Finance Dir. 11. City Attorney 12. City Administrator OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance,please limit your comments to 5 minutes or less. CONSENT AGENDA (ROLL CALL) 13. Resolution 2011-157, directing payment of bills 14. Resolution 2011-158, approval of contract for actuarial services 15. Resolution 2011-159, approval of St. Croix Valley Rec Center and Lily Lake Ice Arena Management Agreement with St. Croix Caterers, Inc. 16. Resolution 2011-160, approval of 2012 Cleaning Services Contract for City Hall with Dave Clark 17. Possible approval of Cable Communications Budgets for fiscal year 2012 PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None UNFINISHED BUSINESS 18. Possible approval of second reading of Ordinance 1041, an ordinance amending the Stillwater City Code, Chapter 41, entitled License, Permits and Prohibitions by addition Standards for certain Seasonal Outdoor Sales (Ordinance- Roll Call) NEW BUSINESS 19. Possible approval of Main Street Pedestrian Walkway Project Public Restroom, Change Orders #1 and #2 (Resolution—Roll Call) 20. Consideration of a request by Trinity Lutheran Church to lease parking lot spaces on Wednesday and Thursday November 2nd and 3rd for their Lutefisk Dinner 21. Possible authorization to prepare feasibility report for 2012 Street Improvement Project (Resolution- Roll Call) 22. Possible approval of changes to Downtown Façade Improvement Program Amendments and Updates (Resolution - Roll Call) 23. Discussion of David Paradeau letter 24. Possible approval to give comments to the Mn DNR as they develop the Master Plan for the Browns Creek State Trail 25. Request to vacate a portion of a conservation/scenic easement at 725 Reunion Road (Resolution - Roll Call) PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT To Executive Session to discuss data private issues. ** 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. 4 g* ate ... 1.....LACE Of �....... AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 1, 2011 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Joint Workshop with Browns Creek Watershed District OPEN FORUM Out of respect for others in attendance, please limit your comments to 5 minutes or less. 4:30 P.M. 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 2. Possible approval of October 18, 2011 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. CONSENT AGENDA (ROLL CALL) 11. Resolution 2011 -155, directing payment of bills 12. Resolution 2011 -156, approval of contract for actuarial services 13. Resolution 2011 -157, approval of St. Croix Valley Rec Center and Lily Lake Ice Arena Management Agreement with St. Croix Caterers, Inc. 14. Resolution 2011 -158, approval of 2012 Cleaning Services Contract for City Hall with Dave Clark 15. Possible approval of Cable Communications Budgets for fiscal year 2012 PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1041, an ordinance amending the Stillwater City Code, Chapter 41, entitled License, Permits and Prohibitions by addition Standards for certain Seasonal Outdoor Sales (Ordinance- Roll Call) NEW BUSINESS 17. Possible approval of Main Street Pedestrian Walkway Project Public Restroom, Change Orders #1 and #2 (Resolution — Roll Call) 18. Consideration of a request by Trinity Lutheran Church to lease parking lot spaces on Wednesday and Thursday November 2nd and 3rd for their Lutefisk Dinner 19. Possible authorization to prepare feasibility report for 2012 Street Improvement Project (Resolution - Roll Call) 20. Possible approval of changes to Downtown Facade Improvement Program Amendments and Updates (Resolution - Roll Call) 21. Discussion of David Paradeau letter PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT To Executive Session to discuss data private issues. * 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. B%.-O ) ('� 1380 W FRONTAGE RD S H I G H W A Y 36 STILLWATER, MN C 8 2 WATERSHED 651.275.1136 x26 [PHoNE] 651.54[ P ] DISTRICT WWW.BCWD.ORG AGENDA SPECIAL MEETING OF THE BOARD OF MANAGERS Tuesday, November 1, 2011 4:30 -6:00 PM Joint Board Workshop with Stillwater City Council & Middle St. Croix WMO Stillwater City Hall 216 N 4th Street, Stillwater MN 1. Call to order @ 4:30 P.M. 2. Approve Agenda 3. Brown's Creek TMDL Implementation Plan — Camilla Correll 4. 2011/2012 Water Quality Improvement Projects a.) Middle St. , Croix WMO • Lily Lake Subwatershed Assessment Implementation Grant • McKusick Lake Subwatershed Assessment • Stillwater Street Reconstruction Grant b.) Brown's Creek Watershed District • Brown's Creek Thermal Reduction Grant at Oak Glen • Fish Baffle Project @ Hwy 95 & 96 Culverts • Diversion Drainage — Settler's 5"' Addition Iron Enhanced Sand Filter • Brown's Creek State Trail C.) City of Stillwater 5. Other Opportunities for Collaboration a.) Standardized Rules for Water Quality Requirements in Stillwater — Stillwater b.) Armory Update — Stillwater 6. Adjourn 6:00 PM MANAGERS: CRAIG LEISER, PRESIDENT • RICK VANZWOL, VICE - PRESIDENT • GAIL PUNDSACK, VICE - PRESIDENT 0 CONNIE TAILLON, TREASURER • GERALD JOHNSON, SECRETARY Q g*a . 1& 111E �......... OF 111.11.. /t4 CITY COUNCIL MINUTES October 18, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush, and Mayor Harycki Staff present: City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the minutes from the October 4, 2011, regular and recessed meeting. All in favor. OPEN FORUM Brent Peterson, executive director of the Washington County Historical Society, and Brent Banchy, finance officer of the Stillwater American Legion, invited the Council and residents to visit the American Legion on Oct. 22 and Oct. 23 to view rare murals painted by Jo Lutz Rollins. Mr. Banchy explained the murals were discovered in the basement of the Legion and that some of the murals have not been seen for 60 years. Mr. Peterson stated Anita Buck would be present on Saturday, Oct. 22, talking about Jo Lutz Rollins and the Stillwater Art Colony. Mike Sobieski, 1022 Third St. N., expressed his disappointment in working with City staff regarding the Wilkins Street project. He stated that he attended all neighborhood meetings regarding the project, and that his input and the input of other residents was not documented in any of the minutes from the meetings, and was not taken into account in any of the street designs. He suggested that the design of the project between Fourth and down to Second Street does not make sense and there was no explanation as to why that design was done. He noted that Wilkins to the west of Fourth is 38' and between Fourth and Third streets goes down to 32', with all parking pushed to one side of the street -- the same side of the street where all the snow is stored and has a smaller boulevard. He said residents on the north side of that segment of street had a choice of trees planted in the boulevard, a larger boulevard, while those on the south side were never asked about their choice. He stated when the plan was presented to the Council, Council directed staff to have the street 38' the entire length. City Council Meeting October 18, 2011 He stated the project has started and is well behind schedule; he said the last information received from the City, dated Aug. 8, indicated pavement reclamation would take place late in August, but information from the construction crews is that the project will not be finished this year or the road sealed this year. He also expressed concern about the portions of the street being well below the level of existing manholes. Regarding his assessment, Mr. Sobieski noted that he is on a corner lot, and according to City policy should be assessed as a %2 unit, but at the last meeting, the Council passed an assessment roll that would have him charged a full unit. He said he had met with staff regarding his objection to the assessment, with no resolution; he said he could find no written policy to support the staff s position that it should be assessed as a full unit because the house faces an unimproved street. He reiterated his concern with the lack of communication and interaction between the City and residents regarding the project. Mayor Harycki noted a gas line replacement has contributed to the project being behind schedule, and he noted that because of all the underground work that has been done, it is felt there should be a winter of allowing the ground to settle before putting the second pavement lift on to reduce the potential of the new pavement breaking up because of the freeze -thaw cycle. City Attorney Magnuson explained the assessment policy of charging %2 unit for corner lots and the reason for charging a full unit in this instance — that there is little or no probability that the homeowner will ever be charged a street assessment for improvements on Third Street. He also noted that Mr. Sobieski has more than 100 ft. of frontage on Wilkins, with the driveway off Wilkins. Mr. Magnuson also noted the appraiser, Mr. Kirchner, had viewed the property and felt that the increase in market value would be at least as much as the assessment for the improvement. Councilmember Roush suggested providing Mr. Sobieski with a letter stating he would be exempt from a future assessment on that side, within a reasonable time frame, before the next Wilkins Street improvement, to alleviate Mr. Sobieski's concern about the potential for another assessment. Mr. Magnuson agreed that might be a fair thing to do. Mr. Sobieski said there still seems to be some communication issues, noting he had not been informed by the City that the street will not be finished before winter. STAFF REPORTS Fire Chief Glaser provided an update on Fire Prevention Week activities, including the annual open house at the fire station attended by nearly 1,000 people. He thanked everyone for their support, and noted that fire prevention should be a year -long attitude, with winter the deadliest time of the year for fires. Councilmember Cook asked whether it is true that seniors can receive free smoke detectors, and Chief Glaser answered that the City had received a grant from FEMA a number of years ago with hundred of detectors distributed through that grant, but the supply is nearly depleted. Chief Glaser added that the department would certainly provide assistance if needed. Mayor Harycki complimented department staff on a very good job with the Cub Scouts from Stonebridge and asked that his thanks be passed along. Page 2 of 7 City Council Meeting October 18, 2011 Chief Glaser reported that the shared feasibility study has been completed and distributed to the Councilmembers. He pointed out that the next step is for the consultant to present the study to all three cities: Lake Elmo, Mahtomedi and Stillwater, at the same time and asked about potential dates for that meeting. It was suggested that Chief Glaser come up with potential dates and circulate those dates to the councils; it also was suggested that the joint meeting be held at the Washington County Board room. Chief Glaser noted that the study found that Stillwater has the lowest per capita cost for fire protection of the three cities, and suggested that is something the City should be proud of. Planner Pogge announced that construction of the pedestrian plaza restroom is under way. He added there are some contamination issues that need to be addressed, with some costs involved; he indicated that Council would be advised when more information is available. He provided an update on the Brown's Creek state trail, noting that City staff had met with representatives of the DNR as part of the master planning process. He noted that the DNR has indicated no construction will take place in 2011, with some construction to begin in 2012 after the master plan has been completed; he added that construction will be dependent on the availability of funding. There was brief discussion of a bridge versus tunnel crossing at Manning Avenue. Mr. Pogge stated the DNR had scheduled a public open house on the project for Oct. 19 at the Stillwater Public Library. Councilmember Roush suggested that if the DNR doesn't do it, perhaps the City should apply for grant funding to do the tunnel at Manning Avenue, if the Council believes that is the most aesthetically pleasing option. Mr. Pogge stated that is an issue the Parks Commission likely will be looking at over the next few months. Public Works Director Sanders told the Council the majority of this year's street project is complete, with restoration work remaining. He reported that Wilkins Street was the only street where the final lift of blacktop was not done. He added that there are some concerns with one area on Wilkins at Fifth Street where there is a low point, and said staff is talking with the contractor about potential remediation to prevent ice buildup over the winter. He noted that manholes are raised, but not above the road, so that shouldn't be a problem during the winter. CONSENT AGENDA 1. Resolution 2011 -149, directing payment of bills 2. Possible approval Utility Bill Adjustments 3. Resolution 2011 -150, approving health and dental insurance premiumsand city contributioneffective January 1, 2012 4. Possible purchase of items for Police forfeiture lot Councilmember Cook asked that the payment of bills be pulled Motion by Councilmember Roush, seconded by Councilmember Polehna, to approved the remaining consent agenda. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Regarding the payment of bills, Councilmember Cook reiterated her opposition to any payment to the Conach Group and the trip to Washington for lobbying. Page 3 of 7 City Council Meeting October 18, 2011 Councilmember Roush asked about a payment to the League of Minnesota Cities Insurance Trust for fireworks insurance; he asked why the City was paying for insurance when the fireworks displays are done by a third party. City Attorney Magnuson responded that he believes that is due to a requirement of the League to protect the City for its exposure to what is termed an ultra hazardous activity. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution 2011 - 149, directing payment of bills. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook PUBLIC HEARINGS This is the date and time for a public hearing to consider amending the City's Building Demolition Ordinance, Chapter 34, of the Stillwater Cites City Planner Pogge reported that the Planning Commission had tabled action on this item. He indicated that a meeting was held with some citizens with concerns regarding the proposal, and stated this will be going back to the Heritage Preservation Commission to address those concerns. He added this issue will brought back to the Planning Commission and City Council. He noted the recommendation is to table this item indefinitely with the public hearing re- published at a later date. Mayor Harycki opened the public hearing. Motion by Councilmember Roush, seconded by Councilmember Cook, to table this hearing indefinitely. All in favor. UNFINISHED BUSINESS Discussion and possible awarding of contract for Fire Station Programming and Feasibility Study Fire Chief Glaser stated the RFP process has been completed for the feasibility study, with bids received from 10 different firms. Staff reviewed all bids in detail, with the listed narrowed to three. He noted an interview panel consisting of himself, Deputy Chief Ballis, City Engineer Sanders, City Planner Pogge, and Councilmember Roush, interviewed the candidates. Based on the proposal reviews, interviews and references, he stated the recommendation is to award the bid to Buetow and Associates at a cost of $9,750. He said staff and interview panel felt this firm had a good handle on the scope of the project and understanding of the potential for the space sharing aspect of the project. He added the firm also has a consultant on staff that works with the National Guard Armory and understands those requirements. Councilmember Cook asked how the feasibility study coordinates with the study regarding shared services and Chief Glaser explained that the shared services study, just completed, still finds that a central station is the best option, with any future expansion north into the townships. He indicated this feasibility study is basically a space needs study, and a look at how a new station might be co- located with the National Guard Armory. Chief Glaser pointed out even if a merger of the three city fire departments occurred, the City would still need a centrally located station. Page 4 of 7 City Council Meeting October 18, 2011 Councilmember Roush offered that this feasibility study will basically provide a concept of the type of architecture that might be utilized in a new station, along with cost estimates; he added he highly recommended awarding the bid to Buetow and Associates, noting that was a unanimous recommendation of the interview panel. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011 -151, accepting bid and awarding of contract for Fire Station programming and feasibility study to Buetow and Associates. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None NEW BUSINESS Possible acce pting of bids and awarding of contract for Pedestrian Walkwa City Planner Pogge reviewed bids for the downtown pedestrian walkway site work, with five bids received. He stated the low bid, submitted by Meisinger Construction, was $569,000, compared to the engineer's estimate of $643,745. He noted there was an error in the low bid related to the removal of sign posts, $2,000 for 12 posts, which was intended as $200 per post, as well as an addition error in the bid tabs. He noted that normal procedure is to accept the bid tabs and not the lump sum bid, resulting in a cost of $585,200, which would still be the low bid. He indicated staff did talk with the contractor and the constructor suggested that the City reject the sign post line item, which would lower the overall bid to $561,200, with the contractor later doing a change order for the sign post work in the amount of $7,800, bringing the total back to the lump sum bid. On a question by Mayor Harycki, Mr. Pogge replied this bid is about $90,000 under estimate, which may reflect the fact that some of the walkway work was moved over to the restroom bid, that came in over estimate. On a question by Councilmember Polehna, Mr. Pogge answered that the contractor's references were checked; project consultant Bill Sanders stated the contractor has done other work for them and he would recommend them. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2011 -152, accepting bid and awarding contract for Downtown Pedestrian Walkway site work project to Meisinger Construction. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Discussion and possible approval of contract for contract management agreement for Pedestrian Walkway City Planner Pogge reviewed recommendations for the construction management of the pedestrian walkway project. He listed three options — 1) all in- house, 2) hiring an architect or construction management firm, or 3) a hybrid approach. He offered that staff is recommending a hybrid approach, with much of the work being done in- house, and a third party to review more complex issues. He pointed out staff is recommending using the project design team to do this work on an hourly basis, and he added since the City already has a Page 5 of 7 City Council Meeting October 18, 2011 contract in place, City Attorney Magnuson has advised that the work could be done under the existing contract. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Option 3, Hybrid approach for construction management for the Pedestrian Walkway. All in favor. Possible approval of second round of Facade Program loans City Planner Pogge reported three additional requests have been received for the second round of fagade program loans, one for additional funds due to some construction issues for the work at 229 Main St. S., another from Brine's for restoration of transom windows at 219 Main St. S., and a third for restoration and repair of windows and siding at 114 Chestnut S. He noted these loans have to be repaid over a 15 -year period at 3.25 %, and all property owners have signed the agreements for the special assessments for the loan repayment. Mr. Pogge stated there is about $130,000 remaining in the program fund, and the City is receiving a lot of calls from interested person. He said staff would suggest that the program be opened up on an ongoing basis until the funds are depleted; and added that recommendation would come back to the Council for consideration. Mayor Harycki expressed concern about the Chestnut Street site, noting there are several years of outstanding delinquent taxes due. Mr. Pogge responded that if there is a delinquency, it will have to be paid before funds are released, even if approved by the Council at this point. Mayor Harycki asked about safeguards to prevent this loan money being used to pay delinquent taxes; and Mr. Pogge answered that before the applicant can request any loan money payment, the taxes will have to be made current, and the program is set up so loan payments aren't made until a certain percentage of the work is completed. On a question by Mayor Harycki, Mr. Pogge replied that the program requires that written bids be submitted so staff can verify amounts. Mayor Harycki suggested that staff get more information regarding the 114 Chestnut St. project. On a question by Councilmember Polehna, City Attorney Magnuson explained the City's recourse would be, if there is a tax sale, the assessments are cancelled, but the statute allows us to reassess. The statute states that you may assess over the remaining years that you have either on a bond or in this case, it is the same thing as a bond; it is a loan, and the assessment agreement provides for that sort of process. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011 -153, approving funding requests for the fagade renovation loan program. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Report regarding the 2011 Street Improvement assessment appeals Public Works Director Sanders reviewed the recommendations regarding the seven appeals to the assessments for this year's street improvement project. He stated that staff sent letters to each of the seven property owners who contested the assessments, inviting them to meet with staff to discuss the appeal. He noted that of the seven, three met with staff. He indicated staff is recommending that six of the seven be unchanged, with the assessment to the property at1016 N. Third St. reduced from $5,130 to $2,565. Page 6of7 City Council Meeting October 18, 2011 Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011 -154, revising assessment roll for 2011 Street Improvement Project (Project 2010 -02, L.I. 390), with the addition that a letter be provided to Mr. Sobieski, drafted by the City, indicating he is exempt from any further assessments on Third Street during the life of this improvement. All in favor. COUNCIL REQUEST ITEMS Councilmember Roush reported that he had attended the most recent Water Board of Commissioners' meeting, where it was suggested that the Water Department manager contact the City regarding purchasing its gasoline through the City's bulk purchase agreement as a possible cost - savings measure. Public Works Director Sanders stated that contact has not been made. It was suggested that a workshop meeting be scheduled with the Water Board to discuss possible cooperative, cost - savings measures that might be taken. Councilmember Polehna stated he will be applying for a national award for Stillwater's Yellow Ribbon efforts. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:25 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2011 -149, Directing Payment of Bills Resolution 2011 -150, Approving health and dental insurance premiums and city contribution effective January 1, 2012 Resolution 2011 -151, Accepting bid and awarding of contract for Fire Station programming and feasibility study Resolution 2011 -152, Accepting bid and awarding contract for Downtown Pedestrian Walkway site work project Resolution 2011 -153, Approving funding requests for the facade renovation loan program Resolution 2011 -154, Revising assessment roll for 2011 Street Improvement Project (Project 2010 -02, L.I. 390) Page 7 of 7 Q- i4*1 I Wwaa e 101 11ITBILNCE Of ■INNEIIIN MINUTES SPECIAL CITY COUNCIL MEETING Council Chambers, 216 North Fourth Street Monday, October 31, 2011 SPECIAL MEETING 8:00 A.M. CALL TO ORDER Mayor Harycki called the meeting to order at 8:05 a.m. ROLL CALL Present: Councilmembers Menikheim, Cook, Polehna, Roush, and Mayor Harycki Staff present: City Attorney Magnuson City Administrator Hansen Finance Director Harrison City Clerk Ward OTHER BUSINESS Annexation Information City Administrator Hansen reviewed the petition of a resident of the City of Lake Elmo to annex to Stillwater. He indicated that the property is located on the south side of Highway 36 at Manning Avenue, and they are just looking for a response from us. City Administrator Hansen stated that he does not recommend approving it. Councilmember Roush asked if the lot size mattered, and it did not. Councilmember Polehna mentioned that property had been considered for the new armory site, but there was no way to get utilities across Highway 36, and he wasn't interested in it. Motion by Councilmember Polehna, seconded by Mayor Harycki, to respond that we are not interested in annexing the property to Stillwater. Councilmember Roush pointed out that he didn't think there was enough information before the council, and Councilmember Cook concurred. Mayor Harycki indicated that it is outside the Orderly Annexation Area. Councilmember Polehna also warned that the City of Lake Elmo will not allow the property to be annexed to Stillwater. City Attorney Magnuson explained the details of the petition and history of the parcel. He pointed out that it would be very expensive to provide sewer and water service under Highway 36, and indicated that the request ultimately is to annex to Stillwater Township. Special City Council Meeting Monday, October 31, 2011 Discussion regarding Stillwater Township's interest; plans for the future squaring off the City limits; our obligations to extend utilities; cleanup of the Buberl composting; potential value of the property across the street; prominent physical barrier is good municipal boundary, etc. Councilmember Polehna amended the motion, seconded by Mayor Harycki, to adopt Resolution 2011 -155, authorizing Closing Argument of the City of Stillwater that the subject property should remain in the City of Lake Elmo. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Discussion on the State Auditor response City Attorney Magnuson updated Council on the $80,000 to be sent to the Washington County Auditor by today, to be in compliance. Councilmember Roush expressed his interpretation that the State Auditor was overstepping their bounds and exceeding their authority. Mayor Harycki was with our Legislators last week, and indicated that those comments were reflected at the State level as well. Councilmember Cook pointed out that she didn't feel it fair to characterize it as political. She stated that we should suck it up and give the money back. Councilmember Menikheim noted that he wasn't persuaded by the politics part either, and reiterated that we should admit our mistake, cut our losses, and concentrate on moving forward. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt a resolution authorizing the return of the TIF money to Washington County Auditor. Councilmember Roush suggested restating part of the motion to pay, not return, the money, because it wasn't the Auditor's money initially. Councilmember Menikheim amended his motion, seconded by Councilmember Cook, to adopt Resolution 2011 -156, authorizing the payment of TIF money to Washington County Auditor. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adjourn at 8:27 a.m. All in favor. Ken Harycki, Mayor Page 2 of 3 Special City Council Meeting ATTEST: Diane F. Ward, City Clerk Monday, October 31, 2011 Resolution 2011 -155, authorizing Closing Argument of the City of Stillwater that the subject property should remain in the City of Lake Elmo Resolution 2011 -155, authorizing the payment of TIF money to Washington County Auditor Page 3 of 3 iliwater STILLWATER CITY COUNCIL SERVICE AWARD T H E $ I R T H P L R C E O F M 1 N N F S 0 1 A On behalf of a grateful city and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to `v St iPaut and . Udiioa J ottfuot f o% theiuc avankation. of a caxnivat frt the chitchat and (ancieie&s uf the Nationace (jawcd, dining a picnic at St. J aut'o .eutheitan Cfu:vlch Septembevc 17, 2C11, and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: November 1, 2011 Special Meeting Notice Presentation of the Feasibility Study for Shared or Cooperative Fire and Emergency Services City of Stillwater City of Lake Elmo City of Mahtomedi Day: Monday Date: November 7 Time: 6:00pm- 8:00pm Place: Washington County Government Center 1494962 nd Street North Stillwater, MN 55082 Lower Level Conference Room LL16 This presentation is the culmination of the study conducted by Emergency Services Consulting International (ESCi). The study looked at the communities of Stillwater, Lake Elmo and Mahtomedi and the potential for cooperative or shared fire and emergency services between these three entities. The study was conducted through a grant provided by the Minnesota Department of Public Safety through the State Fire Marshal Division. RESOLUTION 2011-157 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 $480,799.64 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 1st day of November, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT"A"TO RESOLUTION#2011-157 Account Temps Professional Service 1,760.00 Ace Hardware Repair Supplies 228.25 Action Rental Concrete & Mixer Rental 358.03 Animal Humane Society 1st and 2nd quarters Vet Fees 1,336.36 Aramark Uniform Services Towels, Mops, & Uniforms 800.48 AT&T Telephone 121.19 Bald Eagle Sportsmen's Assoc. Range Rental 150.00 Ballis,Tom Reimburse for Open House Supplies 536.18 C. Hassis Snow Removal &Yard Services Lawn Maintenance 1,149.90 Carquest Auto Parts Equipment Repair Supplies 131.33 Century Power Equipment Equipment Repair Supplies 34.15 ChloeNoel Skate&Sportswear Supplies for Resale 79.80 Clark, Dan Cleaning PW and City Hall 1,057.50 Comcast Cable 80.23 Consolidated Welding Supply Welder 4,857.00 Cub Foods Fire Prevention Week 251.82 DC Energy, LLC Equipment Repair Supplies 37.41 Distributor Sales Inc. Equipment Repair Supplies 21.03 Ecolab Pest Elimination Pest Control 160.31 Eichten's Service & Repair Roof Top Condenser Fan Motor 340.00 Fixmer, Don Reimburse for Material for Av Room 89.82 Fury Dodge Chrysler Lamp side Marker 35.07 Gartner Restaurant Holdings LLC Concession Supplies 800.04 Glaser,Stuart Reimburse for Housing MSFCA Conference 218.00 Heritage Embroidery& Design Embroidery on Jackets 409.80 Heritage Printing, Inc. Printing 77.27 H & L Mesabi Plow Blades 1,389.38 Holiday Credit Office Propane 354.54 Ice Skating Institute Skater Memberships 103.00 Ikon Office Solutions Maintenance Agreement 56.50 Infratech Televise Service Sewer Line 1,575.00 J.G. Hause Construction, Inc Grading Escrow Refund 1,500.00 J.H. Larson Electric Repair Supplies 17.00 Johnson,Ronald 2011 Street Project Repair Sprinklers 496.37 Kopp Sign & Design Service LLC Repaint Stillwater Sign South End of Town 1,975.00 Lake Elmo Oil, Inc Fuel 133.70 Life Safety Systems Repair Fire Panel 860.92 Linner Electric Co. Rewire Heater for Garage 1,470.85 Loffler Companies, Inc. Repair Printer 572.39 MacQueen Equipment, Inc. Street Sweeper Repair Supplies 2,600.06 Malmberg, Matthew& Bonnie Refund Grading Escrow 1,500.00 Maximum Solutions, Inc. Software Service Agreement 861.69 Menards Repair Supplies 851.56 Metro Fire SCBA Flow Test 75.43 EXHIBIT"A"TO RESOLUTION#2011-157 Page 2 Metropolitan Mechanical Contractors, Inc. Maintenance Agrmnt Preventative & Repairs 3,874.00 MN Dept.of Labor& Industry Boiler License Applications MN Dept.of Public Safety Title A pp 100.00 MN Winegrowers Cooperative Façade Renovation Loan Program Minvalco, Inc. Lever Control Motor 996.28 Natural Resource Group Stage 3 Flood Control 2,391.85 Office Supplies 212.83 Office Depot 612.38 OnSite Sanitation Unit Rental Palen/Kimball Co. Leak Detection 230.00 Performance Plus New hire testing 425.00 Professional Wireless Communications Repair Service 61.63 Ice Paint& Equipment Repair Supplies 1,716.47 R& R Specialties, Inc. R.W. Kirchner Consulting Work Special Assessments 700.00 Riedell Shoes, Inc. Skates for Resale 951.81 S&T Office Products, Inc. Office Supplies 135.52 Service on a Shoestring Karen Richtman dba 2011 Ram/Swana Fall Conference 240.00 Snap On Tools Tools 176.34 Sprint Cell Phone 88.87 Sprint PCS Cell Phone 91.09 St.Croix Boat& Packet Co. October Arena Billing 35,627.49 Stender Jeff Reimburse for Meals at Training 28.00 Stillwater Collision & Restoration Vehicle Repair 2,731.90 Stillwater Medical Group Flu Shots 54.00 Stillwater Motor Company Vehicle Repair 316.43 Stillwater Towing Towing 133.59 Asphalt 1,386.21 T.A Schifsky&Sons, Inc. As p Tee's Plus DARE Supplies 1,202.65 Trans Union LLC Basic Service 5.00 USAble Life Term Life Insurance 403.20 Veterans Memorial Maintenance Agreement for 2 Qtrs. 8,694.00 Wal Mart Community Ammo 192.66 Washington Conservation District 3rd of Four Quarterly Billings 535.50 License Renewal A Washington County Dept of Public Application Rec Center 361.00 Watermain Crossings LLC Facade Renovation Loan Program 43,126.00 Reimburse for Coffee 35.96 Wiegand,Sheila 133.80 WS&D Permit Service Refund Permit 2011-00298 Yeadon Fabric Dome,LLC DX Controller for Dome 2,864.25 Yocum Oil Fuel 7,172.81 Ziegler, Inc. Caterpillar Mutil Terrain Loader Rental 448.88 LIBRARY Ace Hardware Janitorial Supplies 29.96 Advanced Masonry Restoration Repair Cornice 2,880.00 Baker&Taylor Library Materials 107.04 EXHIBIT"A"TO RESOLUTION#2011-157 Page 3 Bertalmio, Lynne Reimburse for Conference Expenses 417.11 BWI Book Library Materials 899.87 Brodart Library Materials 2,330.24 Lighting Supplies Li Budget Lighting g g lies 167.81 p Comcast Telecommunications 49.90 Cummins Batteries 118.89 Demco Processing Supplies 129.65 Grainger Building Repairs 199.35 Henry, Marvin Reimburse for Mileage 22.20 Johnson,Alec Event Preparation 63.95 Midwest Tape AV Materials 126.94 MN Dept of Labor and Industry Boiler License 10.00 N.A.D.A. Reference Subscription 75.00 Mn Dept of Administration Telephone 336.89 Peterson,Andy Event Preparation 63.95 Petrie,Angela Reimburse for Children's Audio 22.00 Ristow, Lisa Reimburse for Janitorial Supplies 23.48 Rosentreter, Hannah Event Preparation 21.32 Star Tribune Periodical 244.40 Toshiba Maintenance Contract 39.02 Van Paper Supplies 284.70 Washington County Library E-Books 1,230.33 Event Preparation 28.42 Young, Eve Pete p October Credit Card Lynne Bertalmio Amazon.Com Library Materials 215.10 Kowalski's Gallery Opening 83.51 October Credit Card Carolyn Blocher Amazon.com Library Materials 64.79 OCTOBER MANUALS MN State Fire Chiefs Association 2011 Annual Conference 175.00 Washington County Auditor/Treasurer Noncompliance Payment-Per OSA Letter 80,000.00 Xcel Electricity,Gas 37,715.04 ADDENDUM Board of Water Commissioners October WAC 2011 41,184.00 Century Link Telephone 639.30 Delta Dental Cobra Insurance 243.30 Electric Systems&Software, Inc. Election Supplies 64.07 EXHIBIT"A"TO RESOLUTION#2011-157 Page 4 Frontier Ag&Turf Equipment Repair Supplies 640.23 Heavy Equipment Repair Inc. Repair Equipment 230.99 Magnuson Law Firm Professional Service 6,939.33 Met Council October SAC 2011 96,756.10 MTI Distributing TyCropp Top Dresser&Supplies 6,750.76 On Site Sanitation Unit Rentals 1,518.73 St. Croix Recreation Co. Triangle & Ramsey Grove Park Equipment 18,842.97 Sun Newspapers Publication 20.50 Ty Custom Design, Inc. City of Stillwater Pins 512.50 Xcel Electricity,Gas 23,479.24 TOTAL 480,799.64 EXHIBIT"A"TO RESOLUTION#2011-157 Adopted by the City Council this 1st Day of November, 2011 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2011 -155 Account Temps Professional Service 1,760.00 Ace Hardware Repair Supplies 228.25 Action Rental Concrete & Mixer Rental 358.03 Animal Humane Society 1st and 2nd quarters Vet Fees 1,336.36 Aramark Uniform Services Towels, Mops, & Uniforms 800.48 AT &T Telephone 121.19 Bald Eagle Sportsmen's Assoc. Range Rental 150.00 Ballis, Tom Reimburse for Open House Supplies 536.18 C. Hassis Snow Removal & Yard Services Lawn Maintenance 1,149.90 Carquest Auto Parts Equipment Repair Supplies 131.33 Century Power Equipment Equipment Repair Supplies 34.15 ChloeNoel Skate & Sportswear Supplies for Resale 79.80 Clark, Dan Cleaning PW and City Hall 1,057.50 Comcast Cable 80.23 Consolidated Welding Supply Welder 4,857.00 Cub Foods Fire Prevention Week 251.82 DC Energy, LLC Equipment Repair Supplies 37.41 Distributor Sales Inc. Equipment Repair Supplies 21.03 Ecolab Pest Elimination Pest Control 160.69 Eichten's Service & Repair Roof Top Condenser Fan Motor 340.00 Fixmer, Don Reimburse for Material for Av Room 89.82 Fury Dodge Chrysler Lamp side Marker 35.07 Gartner Restaurant Holdings LLC Concession Supplies 800.04 Glaser, Stuart Reimburse for Housing MSFCA Conference 218.00 Heritage Embroidery & Design Embroidery on Jackets 409.80 Heritage Printing, Inc. Printing 77.27 H & L Mesabi Plow Blades 1,389.38 Holiday Credit Office Propane 354.54 Ice Skating Institute Skater Memberships 103.00 Ikon Office Solutions Maintenance Agreement 56.50 Infratech Televise Service Sewer Line 1,575.00 J. G. Hause Construction, Inc Grading Escrow Refund 1,500.00 J.H. Larson Electric Repair Supplies 17.00 Johnson,Ronald 2011 Street Project Repair Sprinklers 496.37 Kopp Sign & Design Service LLC Repaint Stillwater Sign South End of Town 1,975.00 Lake Elmo Oil, Inc Fuel 133.70 Life Safety Systems Repair Fire Panel 860.92 Linner Electric Co. Rewire Heater for Garage 1,470.85 Loffler Companies, Inc. Repair Printer 572.39 MacQueen Equipment, Inc. Street Sweeper Repair Supplies 2,600.06 Malmberg, Matthew & Bonnie Refund Grading Escrow 1,500.00 Maximum Solutions, Inc. Software Service Agreement 861.69 Menards Repair Supplies 851.56 Metro Fire SCBA Flow Test 75.43 EXHIBIT "A" TO RESOLUTION #2011 -155 Page 2 Metropolitan Mechanical Contractors, Inc. Maintenance Agrmnt Preventative & Repairs 3,874.00 MN Dept. of Labor & Industry Boiler License 20.00 MN Dept. of Public Safety Title Applications 100.00 MN Winegrowers Cooperative Fagade Renovation Loan Program 4,810.00 Minvalco, Inc. Lever Control Motor 996.28 Natural Resource Group Stage 3 Flood Control 2,391.85 Office Depot Office Supplies 212.83 OnSite Sanitation Unit Rental 612.38 Palen / Kimball Co. Leak Detection 230.00 Performance Plus New hire testing 425.00 Professional Wireless Communications Repair Service 61.63 R & R Specialties, Inc. Ice Paint & Equipment Repair Supplies 1,716.47 R.W. Kirchner Consulting Work Special Assessments 700.00 Riedell Shoes, Inc. Skates for Resale 951.81 S & T Office Products, Inc. Office Supplies 135.52 Service on a Shoestring Karen Richtman dba 2011 Ram /Swana Fall Conference 240.00 Snap On Tools Tools 176.34 Sprint Cell Phone 88.87 Sprint PCS Cell Phone 91.09 St. Croix Boat & Packet Co. October Arena Billing 35,627.49 Stender Jeff Reimburse for Meals at Training 28.00 Stillwater Collision & Restoration Vehicle Repair 2,731.90 Stillwater Medical Group Flu Shots 54.00 Stillwater Motor Company Vehicle Repair 316.43 Stillwater Towing Towing 133.59 T. A Schifsky & Sons, Inc. Asphalt 1,386.21 Tee's Plus DARE Supplies 1,202.65 Trans Union LLC Basic Service 5.00 USAble Life Term Life Insurance 403.20 Veterans Memorial Maintenance Agreement for 2 Qtrs. 8,694.00 Wal Mart Community Ammo 192.66 Washington Conservation District 3rd of Four Quarterly Billings 535.50 Washington County Dept of Public License Renewal Application Rec Center 361.00 Wattermain Crossings LLC Fagade Renovation Loan Program 36,225.00 Wiegand, Sheila Reimburse for Coffee 35.96 WS & D Permit Service Refund Permit 2011 -00298 133.80 Yeadon Fabric Dome,LLC DX Controller for Dome 2,864.25 Yocum Oil Fuel 7,172.81 Ziegler, Inc. Caterpillar Mutil Terrain Loader Rental 448.88 LIBRARY Ace Hardware Janitorial Supplies 29.96 Advanced Masonry Restoration Repair Cornice 2,880.00 Baker & Taylor Library Materials 107.04 EXHIBIT "A" TO RESOLUTION #2011 -155 Page 3 Bertalmio, Lynne Reimburse for Conference Expenses 417.11 BWI Book Library Materials 899.87 Brodart Library Materials 2,330.24 Budget Lighting Lighting Supplies 167.81 Comcast Telecommunications 49.90 Cummins Batteries 118.89 Demco Processing Supplies 129.65 Grainger Building Repairs 199.35 Henry, Marvin Reimburse for Mileage 22.20 Johnson, Alec Event Preparation 63.95 Midwest Tape AV Materials 126.94 MN Dept of Labor and industry Boiler License 10.00 N.A.D.A. Reference Subscription 75.00 Mn Dept of Administration Telephone 336.89 Peterson, Andy Event Preparation 63.95 Petrie, Angela Reimburse for Children's Audio 22.00 Ristow, Lisa Reimburse for Janitorial Supplies 23.48 Rosentreter, Hannah Event Preparation 21.32 Star Tribune Periodical 244.40 Toshiba Maintenance Contract 39.02 Van Paper Supplies 284.70 Washington County Library E -Books 1,230.33 Young, Pete Event Preparation 28.42 October Credit Card Lynne Bertalmio Amazon.Com Library Materials 215.10 Kowalski's Gallery Opening 83.51 October Credit Card Carolyn Blocher Amazon. corn Library Materials 64.79 OCTOBER MANUALS MN State Fire Chiefs Association 2011 Annual Conference 175.00 Xcel Electricity, Gas 37,715.04 Memo DATE: October 28, 2011 TO: Mayor & City Council FROM: Sharon Harrison Finance Director RE: Actuari Se BACKGROUND As part of GASB 45 Reporting for Postemployment Benefits, the City is required to have an actuarial done on its post - employment benefits (health insurance coverage for retired employees) every three years. Staff requested quotes from three different firms and they are as follows: Hildi Inc. $4,000.00 Duane Hanf $4,000.00 Van Iwaarden Associates $5,625.00 Because Hildi, Inc. and Duane Hanf came in with equal bids, staff reviewed reports provided by each firm for easeness of read and readily available information needed for reporting. RECOMMENDATION Staff recommends hiring Hildi Inc. to perform actuarial services for GASB 45 reporting. If Council concurs with staff's recommendation, Council needs to adopt a resolution hiring Hildi Inc. to perform actuarial services for GASB 45 reporting. October 14, 2011 ACTUARIAL SERVICES GASB STATEMENT 45 City of Stillwater Hildi Incorporated 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 F 952.934.3027 E jill.urdahl @hildiinc.com www.hildiinc.com Primary Contact: Jill M. Urdahl, FSA Hildi Inc Specializing in Actuarial Retirement Plan Services October 14, 2011 Ms. Sharon Harrison, CPFO Finance Director City of Stillwater 216 4th St. N Stillwater, MN 55082 Dear Sharon and the City of Stillwater: Thank you for the opportunity to work with you on Actuarial Services for the City of Stillwater. We look forward to developing a valued business partnership with you on the subject of Other Post - Employment Benefits under GASB Statement No. 45. The enclosed booklet will cover the scope of services and highlight the strengths of the actuarial firm, Hildi Incorporated. Qualified Actuaries First and foremost, we would like to stress that your business is important to Hildi Incorporated. The history of our firm is spelled out in the "About Hildi Incorporated" section of this proposal. The consultants at Hildi Incorporated are seasoned actuarial consultants specializing in the health and welfare and pension fields. All actuaries who will be working on your account are credentialed actuaries — either Fellows of the Society of Actuaries (FSA) or Associates of the Society of Actuaries (ASA.) Becoming an FSA or ASA entails years of studying and exam taking while competing for passing marks against other top candidates throughout the country. Other practicing actuaries have never completed the entire course of actuarial study, but all actuaries at Hildi Inc. have. Please see our Biographies and Resumes included in the Appendix section. Experienced Actuaries and Responsive Service Second, at Hildi Incorporated, we monitor our workflow and capacity levels in order to be the most responsive to the client projects that we take on. Hildi Incorporated has made the commitment to specialize in actuarial work under GASB Statements 43 and 45. The consultants at Hildi Incorporated have recently been working with cities, counties, school districts, and other public entities all over the country on GASB Statement No. 45 and with large corporations since the early 1990s on post — employment health and welfare benefits and actuarial valuations under FASB Statement No. 106. Hildi Incorporated 2 Hildi `'Ins Specializing in Actuarial Retirement Plan Services Consistency At Hildi Incorporated, we have the distinct advantage of being able to provide our clients with a consistent actuarial team from one year to the next. This is due to the fact that you will be working directly with the business owners. We are committed to our profession and our firm. Therefore, you will not have to wont' about your investment in our firm, as our knowledge of the City of Stillwater's benefits and OPEB strategies will be consistently applied. Full array of actuarial services and network of related GASB No. 45 professionals Finally, Hildi Incorporated will be able to furnish the City of Stillwater with any actuarial services that may be requested in the future. Hildi Incorporated has established a network of professionals that are all working with the requirements under GASB Statement 45, including legal, trust, and funding vehicle services. Thank you again for this opportunity. Please call with any questions that you may have. We look forward to working with you. Sincerely, Jill IL Urdahl, FSA Pres' ent/Consulting Actuary Hildi Incorporated 3 Contents About Hildi Incorporated ..................................... ............................... 5 Hildi Incorporated Qualifications and Experience .............................. 6 The Actuarial Valuation Process ........................ ............................... 7 SampleData Request ........................................ ............................... 8 Fee Proposal and Timeline ............................... ............................... 10 References ....................................................... ............................... 12 Appendix.......................................................... ............................... 13 Biographies /Resumes ...................................... ............................... 14 Subcontractor Actuaries working with Hildi Incorporated ................. 19 Hildi Incorporated 4 About Hildi Incorporated Thank you for taking the time to learn more about Hildi Incorporated. At Hildi Incorporated, our goal is to be your valued, trusted consulting partner in the world of actuarial retirement plan and Other Post - Employment benefit services. Hildi Incorporated believes in providing the highest quality consulting along with the most competitive fees in the marketplace. Customer service and satisfaction is our most important goal. Hildi Incorporated was established by in October of 2004 as a Midwestern actuarial consulting firm. The structure for Hildi Incorporated is an S- Corporation in Minnesota. State and Federal Tax ID numbers can be provided on request. Hildi Incorporated has no parent or subsidiary organizations. The name "Hildi" has meaning in Norse mythology and is the founder's nickname. The Hildi Inc. logo (the item that looks somewhat like a check mark or a music note) is the symbol from the founder's ancestral family farm in Selbu, Norway. Hildi Incorporated consists of benefits consultants and actuaries who have many years of real world experience and are recognized leaders in their fields. Please see the section on the Actuarial Consultants at Hildi Incorporated, along with our attached biographies and resumes in the Appendix. Hildi Incorporated Hildi Incorporated Qualifications and Experience Professional Experience Highlights with a Sampling of Current Clients Over 40 Counties and many Cities in Minnesota • Actuarial Valuations and Plan Design work for Other Post Employment benefits under GASB Statements 43and 45. Over 120 School Districts in the Midwest • Actuarial Valuations and Plan Design work for Other Post Employment benefits under GASB Statements 43, 45 and 16. Public Pension Plans (Police and Fire Funds) • Actuarial Valuations and Plan Design work for Pensions under GASB Statements 25and 27. Region 1 and Region IV School Districts in Northwestern and Southwestern Minnesota Approximately 130 School Districts /Cities /Counties • Actuarial Valuations for Other Post Employment benefits under GASB Statements 43, 45 and 16. Bemis Company, Inc. (Current Client — 15,000+ employees) • Total actuarial consulting relationship with projects covering everything from Actuarial Valuations for two defined benefit plans to all the FAS No. 87, 88, and 132 accounting requirements. • Actuarial Valuations on all post retirement medical dental, and life plans including all accounting work under FAS No. 106. • Additional work performed on non - qualified retirement plans and asset/liability modeling projections. Sewall Gear Manufacturing • Actuarial consulting, including a valuation, for a Defined Benefit Pension Plan. Sheet Metal Workers, Fargo, ND • Actuarial consulting, including a valuation, for a Defined Benefit Pension Plan. Hildi Incorporated 6 The Actuarial Valuation Process This exhibit shows the GASB 45 process. Once you provide us with the Input Items, noted below, then we can complete the actuarial calculations and prepare your results in our actuarial report. Actuarial Valuation Input Items Participant Data/ Assets /Claim Cost OPEB Provisions Census Information Information Annual Required Contribution (ARC) Actuarial Accrued Liability and Normal Cost Actuarial Assumptions, Actuarial Cost Methods, and Actuarial Asset Methods Net OPEB Obligation Results Actuarial Assumptions The actuary and client jointly select a proposed set of actuarial assumptions to be used in the valuation. Hildi Inc. discusses the proposed assumptions with our clients at an early stage in the project; not all actuaries will do this. We welcome the client's input in the selection process, and it's important to remember that the earlier a client questions an assumption, the less work it is for the actuary to make the required changes to the valuation. Hildi Incorporated Sample Data Request Data format: Preferred delivery by computer CD, disk, or email. Data in Excel spreadsheets is preferred. General List of items needed to perform a GASB 43/45 Actuarial Valuation • Employee /Participant Data • Medical and Dental Employee Premium /Contribution information • Employee Group Contracts • Plan Asset information • Retiree Communications or any OPEB communications Specific List of items needed for Employee /Participant Data Active Employees — one row of data per participant please • Employee ID or Social Security Number • Gender • Date of Birth (MMDDYYYY) • Date of Hire (MMDDYYYY) • Pre - Calculated Service Field • Contract Group • Current Salary — please include the definition of Salary that is being used in the benefits being valued • Current Daily Rate of Pay • Accumulated Unused Sick Leave Days • Health Plan Code • Health Plan Coverage Code (none, single, family) • Accumulated Employer Matching Contributions to the 403(b) Retired Employees — one row of data per participant please • Employee ID or Social Security Number • Gender • Date of Birth (MMDDYYYY) • Date of Retirement (MMDDYYYY) • Contract Group • Annual Amount of Severance Payment • Remaining Severance Balance • Date of Severance Start (MMDDYYYY) • Date that Severance Ends (MMDDYYYY) • "Separate information will be needed for Medical and Dental below, if both are provided" • Annual District Paid Health Benefits, if any • Remaining District Paid Health Benefits Balance • Date District Paid Benefits Start (MMDDYYYY) • Date District Paid Benefits End (MMDDYYYY) • Monthly Retiree Contribution for Health Premiums • Health Plan Code • Health Plan Coverage Code (none, single, family) Hildi Incorporated 8 Sample Data Request, continued Other Health Plan Information Retiree Rates and Retiree Participant Contributions (Medical and Dental) for the current and the past three years — split by active, Pre and Post -65. Employee Group Contracts and/or Summary Plan Descriptions for all health care benefits, split by active, Pre-65 and Post -65, if plan designs are different. Identify plan changes over the last three years and for the current year. Retiree Medical Plan Document — including eligibility requirements. Medicare Part D direction /decision. Employee premium information for the Post Retirement Life Insurance Plan. Plan Asset Information Funding Vehicle materials to be used for the OPEBs, if any. Hildi Incorporated Fee Proposal and Timeline This fee proposal assumes that the City of Stillwater has approximately 84 Plan Members with the both Implicit Rate Subsidy and also Subsidized benefits under GASB 45. The City had revenue as determined for GASB No. 34 of less than $10 million. GASB Statement No. 45 says that Plans with 200 or fewer Plan Members must perform an actuarial valuation at least once every three years. Upon receipt of all data needed for the project (see the Data Request), the actuarial valuation results can be prepared within six to eight weeks. Any additional information requested (for example, changes in plan design, actuarial cost projections) could possibly extend this timeline. Basic Actuarial Valuation Fees for GASB Statement No. 45 Valuation Date Basic Fee 01/01/2012 Approximately $4,000 These Basic Actuarial Fees include the following: • Teleconferencing with the actuaries on pending or anticipated issues which may affect the actuarial valuation /report. If any work is needed based on one of the outcomes of a teleconference, a fee will be agreed upon before any work is initiated. • A final results meeting by phone conference. • An Actuarial Report including all information required by GASB Statements 43 and 45. Hildi Inc. will provide an electronic copy and three, hard copies. • Periodic memos and telephone calls to provide updates on developments that may affect future actuarial reports. The Basic Actuarial Fees are also based on: • The receipt of clean participant data in the format requested from the Hildi Inc. data request packet. Hildi Incorporated 10 Fee Proposal continued Fees for Additional Actuarial Services Description Fee GASB 16 Valuation — Optional Payout of Unused Sick Leave Benefits Not applicable GAS 27 Valuation Retirement Income Benefits Not applicable Auditor Requests Based on Hourly Rates Attendance at Additional Meetings Based on Hourly Rates Contract Proposals To be agreed upon after determination of scope Hourly Rates for Additional Services Description Hourly Rate Strategic Actuarial Consulting and Meeting time $250 Actuarial Calculations $100-$200 Data and Administrative work $100—$200 Travel and lodging expenses are not included in the basic fee and will be invoiced separately, if needed. Hildi Incorporated 11 References Name: City of Eden Prairie Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Telephone: 952 - 949 -8386 Contact: Sue Kotchevar, Finance Services: GASB 45 GASB 45 Project 2008 and 2010 Completion: Name: City of Plymouth Address: 3400 Plymouth Boulevard, Plymouth, MN 55447 Contact: Jodi Bursheim, Finance Manager Telephone: 763 - 509 -5320 Services: GASB 45 GASB 45 Project 2007, 2009 and 2011 Completion: Name: City of Hopkins Address: 1010 1 St Street South, Hopkins, MN 55343 Contact: Christine Harkness, Finance Director Telephone: 952 - 935 -8474 Services: GASB 45 GASB 45 Project 2007 and 2010 Completion: Name: Stillwater Public Schools Address: 1875 South Greeley Street, Stillwater, MN 55082 Contact: Ann Timm, Project Coordinator Finance Telephone: 651 - 351 -8323 Services: GASB 45 GASB 45 Project 2008 and 2010 Completion: Hildi Incorporated 12 Appendix Hildi Incorporated 13 Biographies /Resumes Jill M. Urdahl, FSA, EA, MAAA Retirement and Other Post - Employment Benefits (OPEB) Consultant and Actuary Over the past 20 years, Jill has been a retirement actuary and consultant. She has worked with all sized employers, both public and private, to develop their retirement and OPEB strategies. Specific areas of focus include plan design, funding and financing, and administration services. In addition, Jill has experience with present value services for QDROs. Jill worked for two international consulting firms for over 14 years in various capacities, including principal actuary, managing supervisor, region recruiting lead, and Society of Actuaries exam committee member. Jill is a Fellow of the Society of Actuaries (FSA), Enrolled Actuary (EA), and a Member of the American Academy of Actuaries (MAAA.) She attended Gustavus Adolphus College, where she earned a B.A. degree in Mathematics with a Music Minor and graduated Magna Cum Laude with Phi Beta Kappa status. Jill is a Fellow of the Society of Actuaries, an Enrolled Actuary, and Member of the American Academy of Actuaries. Jill's leadership and experience in the area of actuarial work under GASB 45 Jill is a member of Minnesota GFOA and MASBO. Jill was the featured speaker on GASB 45 at the following conferences /conventions: • 2005 Minnesota GFOA convention in Alexandria, MN • 2005 ASBO International conference in Boston, MA • 2006 WASBO convention in Milwaukee, WI • 2006 and 2008 MASBO Winter Conference in Minneapolis, MN • 2006 -2011 MASBO Spring Conference in Breezy Point, MN • 2006 ASBO International conference in Pittsburgh, PA • 2006, 2007, and 2008 Conference of Consulting Actuaries in Rancho Mirage, CA, San Antonio, TX, and Bonita Springs, FL. • 2007 Summer Conference for the Minnesota Association of County Auditors, Treasurers, and Finance Officers in Breezy Point, MN and • 2007 and 2008 International Foundation of Employee Benefit Plans Conferences in Anaheim, CA and Savannah, CA Jill M. Urdahl meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion for any GASB 45 project. Hildi Incorporated 14 Jill M. Urdahl, FSA, EA, MAAA Professional Hildi Incorporated — Minneapolis, MN (2005 – Present) Experience Actuarial ConsuHant • Annual actuarial valuations /reporting • Benefit Calculations • FASB 87 and FASB 106 • GASB 43 and GASB 45 • VEBAs • Plan Design & Non - discrimination Testing • Asset - Liability Modeling • Present Value Services & QDROs Mercer — Minneapolis, MN (1994 – 2003) Actuarial Principal • Annual actuarial valuations /reporting • Benefit Calculations • FASB 87 and FASB 106 • VEBAs • Plan Design & Non - discrimination Testing • Asset - Liability Modeling • Retirement Seminar Speaker • Qualified Domestic Relations Orders (QDROs) Hewitt Associates — Lincolnshire, IL (1989 – 1994) Actuarial Consultant • Annual actuarial valuations /reporting • Benefit Calculations • FASB 87 and FASB 106 • VEBAs • Non - discrimination Testing • Asset - Liability Modeling Additional Exam Committee Member for the Society of Actuaries professional activities MASBO, WASBO, and Minnesota GFOA speaker on GASB No. 45 ASBO International speaker on GASB No. 45 Professional Fellow, Society of Actuaries (FSA) credentials Enrolled Actuary (EA) Member of the American Academy of Actuaries (MAAA) Education Gustavus Adolphus College — St. Peter, MN (1985 – 1989) Mathematics Major, Music Minor Graduated Phi Beta Kappa and Magna Cum Laude References Available upon request Hildi Incorporated 15 Anthony L. Urdahl, FSA, EA, MAAA Retirement and Other Post - Employment Benefits (OPEB) Consultant and Actuary Over the past 21 years, Tony has been a retirement actuary and consultant. He has worked with all sized employers, both public and private, to develop their retirement and OPEB strategies. Specific areas of focus include plan design, funding and financing, and administration services. Tony worked for three international consulting firms for over 17 years in various capacities, including lead retirement actuary, senior resource actuary, and Society of Actuaries exam committee member. Tony is a Fellow of the Society of Actuaries (FSA), Enrolled Actuary (EA), and a Member of the American Academy of Actuaries (MAAA). He attended Concordia College in Moorhead, MN, where he earned a B.A. degree in Mathematics and Economics. Tony graduated Summa Cum Laude. Hildi Incorporated 16 Anthony L. Urdahl, FSA, EA, MAAA Professional Hildi Incorporated — Minneapolis, MN (2006 to Present) Experience Actuarial Consultant • Annual actuarial valuations /reporting • Benefit Calculations • FASB 87/106, GASB 16/27/45 • VEBAs • Plan Design & Non - discrimination Testing • Asset - Liability Modeling • Present Value Services & QDROs • Plan Terminations Watson Wyatt — Minneapolis, MN (1999 – 2006) SeniorActuaria/ Consultant • Annual actuarial valuations /reporting • Benefit Calculations • FASB 87/106 • VEBAs • Plan Design & Non - discrimination Testing • Asset - Liability Modeling • Qualified Domestic Relations Orders (QDROs) • Plan Terminations Towers Perrin — Minneapolis, MN (1994 –1999) Actuarial Consultant Hewitt Associates — Lincolnshire, IL (1989 – 1994) Actuarial Consultant Additional Exam Committee Member for the Society of Actuaries professional activities Professional Fellow, Society of Actuaries (FSA) credentials Enrolled Actuary (EA) Member of the American Academy of Actuaries (MAAA) Education Concordia College — Moorhead, MN (1985 – 1989) Mathematics and Economics Major– Summa Cum Laude Hildi Incorporated 17 Cathy A. Erpelding, ASA, EA, MAAA Retirement and Other Post - Employment Benefits (OPEB) Consultant and Actuary During the past 15 years, Cathy has been a retirement actuary and consultant. She has worked with large and small employers, both public and private, to develop their retirement and OPEB strategies. Specific areas of focus include plan design, funding and financing, and administration services. Cathy worked for the largest international consulting firm for 13 years in various capacities, including senior associate actuary, managing supervisor, retirement systems specialist, and recruiting specialist. Cathy is an Associate of the Society of Actuaries (ASA), Enrolled Actuary (EA), and a Member of the American Academy of Actuaries (MAAA.) She attended Drake University, where she earned a B.S.B.A in Actuarial Science. Gretchen R. Faul, ASA, EA, MAAA Retirement and Other Post - Employment Benefits (OPEB) Consultant and Actuary Gretchen is an Associate of the Society of Actuaries and an Enrolled Actuary. Gretchen has actuarial expertise as a retirement actuary and consultant. Her primary experience has been in the private sector working with large corporations. She has helped clients with their pension administration and on their pension and FAS106 valuations. Gretchen was an actuarial consultant at Watson Wyatt in Minneapolis before joining Hildi Inc. Gretchen was responsible for technical aspects involved in calculating individual employees' pension benefits and calculating funding and financial results for employers. In addition, Gretchen was a supervisor and training coordinator within the actuarial retirement practice. Prior to working with Watson Wyatt she worked with Towers Perrin in St. Louis and Minneapolis. While with Towers Perrin she helped several large clients transition to accrual accounting under FAS 106. Hildi Incorporated 18 Subcontractor Actuaries working with Hildi Incorporated Mary Ratelle, FSA, MAAA Mary is a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. Mary performs the claims and premium analysis or peer review for GASB 45 projects at Hildi Inc. Mary is the founder of Health Risk Strategies, LLC, a certified woman -owned business in Minnesota. Mary has 23 years experience in managing the risks of health care plans /insurers, health care providers, and self- funded employers for their medical, prescription drug, dental and vision benefits. Mary Ratelle meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion for any GASB 45 project. Dave Moody, FSA, MAAA Dave is a Fellow of the Society of Actuaries and a Member of the American Academy of Actuaries. Dave performs the claims and premium analysis or peer review for GASB 45 projects at Hildi Inc. Dave was the leader of the Health and Welfare Actuarial group at Hewitt in Minneapolis, MN, before collaborating with Hildi Incorporated in October 2004. Dave only subcontracts his actuarial services and expertise with Hildi Inc. Dave Moody meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion for any GASB 45 project. Hildi Incorporated 19 Sharon Harrison From: Duane Hanf <duane @hanfactuarial.com> Sent: Monday, October 10, 20111:52 PM To: Sharon Harrison Subject: GASB 45 update Sharon, as indicated over the phone it's time to think about updating you GASB 45 calculations. We are reducing our fees for repeat clients. Your fee would drop from $5,500 to $4,000. The updated valuation as of 1/1/2011 would cover fiscal years ending 12/31/2011, 12/31/2012 and 12/31/2013. Let me know if you want to proceed and I will send you a data request. Duane Hanf Hanf Actuarial Inc. 10800 Lyndale Ave. S., Suite 175 Bloomington, MN 55420 (952) 888 -0103 El The ®Irirelass at Yi■esseta Proposal for GASB 45 Actuarial Services Retirement planning for employers Experience. Knowledge. Practical Advice. October 21, 2011 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree: 888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Table of Contents Introduction ........................................................................................ .............................. QualityGuarantees ........................................................................... .............................. Qualifications, ..................................................................................... .............................. Scopeof Work ................................................................................... .............................. PriceProposal .................................................................................... .............................. Acknowledgement and Consent ................................................... .............................. VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree: 888.596.5960 f 612.596.5999 WWW.VAN]WAARDEN.COM Introduction Van Iwaarden Associates, is pleased to provide the City of Stillwater with our proposal for GASB 45 actuarial services. We look forward to serving you with our experience, knowledge leadership, and practical advice: GASB 45 Experience We began working with cities, counties and school districts over 10 years ago in anticipation of the GASB 45 requirements and have now prepared OPEB valuations for over 200 cities, counties, school districts and other governmental entities. Knowledge Leadership We've built our firm on knowledge leadership. Our consultants are frequent writers and speakers on retirement benefit topics such as GASB 45 accounting. See the next page for more detail. Practical Advice We're also known for practical solutions that get the job done. You need a consultant who provides an array of solutions and explains them in layman's terms to help you decide which one is best. Some comments from our clients are: — "We learned more in a half hour with you than in six months with the other guys." — "Jim and his colleagues always have a creative answer to new challenges in designing and operating retirement plans." If you have any questions about our proposal, please feel free to contact Chris Grabrian at 612.596.5974 or chrisg(a)-vaniwaarden.com Additional information about our GASB 45 expertise can be found at www.gasb45or)eb.com . We look forward to working with you! Page 7 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree:888.596.5960 f 612.596.5999 WWW.VANTWAARDEN.COM Quality Guarantees Ever since our firm was founded in 1991, we have operated on three basic princi pies: ■ Do what's right, ■ Do the best you can, and ■ Treat others as you would like to be treated. These principles shape the way we conduct ourselves with clients, associates, and competitors — and they give rise to our quality guarantees: Phone Calls We will always return your calls within 24 hours. Nothing is more important than a client who wants to talk with us. Written Communication If we send you a document that does not provide the information you need in a way you can easily understand, we will explain it and /or revise it to meet your needs - at no charge. Peer Review Every client deliverable is subject to a formal peer review policy to ensure that all of our work products meet the highest consulting and actuarial standards. Data Security All staff members sign a formal data security policy that applies to all of our client work. We perform a daily off -site back -up of our network servers to ensure that al I client data is protected in case of system failure. Error Correction If an error ever makes it through our review process, we will disclose it as soon as we find it and correct it at no charge. This f alls under the "Do what's right" heading above. Overall If it's important to you, it's important to us. We will be happy to set additional specific performance guarantees. Page 2 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree:888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Qualifications Firm Background Van Iwaarden Associates was founded in 1991, and has grown to become one of the leading independent actuarial firms in the US. Our core practice is in three areas: retiree medical plans, defined benefit pension plans and defined contribution plans. Experience We have performed valuations and design consulting for over 300 plans including GASB 43/45 OPEB valuations for over 200 cities, counties, school districts and other public entities. Relevant assignments include: ■ We are the League of Minnesota Cities' actuarial partner. • We are the actuaries for North Dakota's statewide retiree medical plan, NDPERS. • Our GASB 45 /OPEB clients include large cities like St. Paul, St. Cloud, and St. Louis Park; cities similar to Stillwater's population like Albert Lea, Anoka, New Brighton, Oakdale, South St. Paul, St. Michael and West St. Paul; and counties in your area like Washington and Ramsey. For decades, we have assisted private employers with similar calculations under GAAP accounting standards (FAS 106, 132 and 158). Knowledae Leadership Anyone can claim knowledge leadership. We've built our firm on it. Here are recent examples for four of our consultants: Mark Schulte, Chris Grabrian, Jim Vanlwaarden and Brenda Hardy: • We frequently comment on new retiree benefit developments on our blog at pension blog.com Our posts are frequently picked up by national newsletters such as BenefitsLink. • Mark spoke on GASB 45 Other Post - Employment Benefits (OPEB) accounting issues at a School Business Official conference. • Chris presented to the MNCPA at their Audits of Local Government conference about GASB 45 standards and how actuarial costs are calculated, including the implicit rate subsidy. • Jim has explained the GASB standards at several School Business Officials conferences, CPA Conferences, and OPEB seminars. He spoke on OPEB cost control strategies at the Self- Insurance Institute of America. He also gave a speech "We Have the OPEB Numbers, Now What ? ". • Brenda led GASB seminars for the MNCPA, Ehlers, and the Minnesota Association of School Business Officials (MASBO) and has also led GASB 45 workshops for school and county boards. Page 3 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tol /free: 888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Our People Van Iwaarden Associates has grown to become one of the leading independent actuarial consulting firms in the United States. Our team includes four Fellows of the Society of Actuaries, two Associates of the Society of Actuaries, five analysts and a licensed attorney. All are members of the American Academy of Actuaries. We have more depth than any other firm practicing in this area. We are also the only independent firm in Minnesota with an in -house health actuary. Our team includes: • James A. Van Iwaarden, FSA, EA, MAAA • Mark W. Schulte, FSA, EA, MAAA • Christopher L. Grabrian, ASA, EA, MAAA • Sandra L. Bruns, FSA, EA, MAAA • Brenda K. Hardy, ASA, EA, MAAA • Mark D. Meyer, JD, FSA, EA, CEBS • Peter J. Cullen, EA, MAAA • Gina N. Ganab, actuarial analy st • Jeremy D. Palm, actuarial analyst • Emily M. Knutson, actuarial analyst • Laura K. Pistotnik, actuarial analyst • Greg D. North, actuarial analyst Consultants Serving the City of Stillwater Chris Grabrian will be your primary consultant and lead actuary managing the day -to -day work and responding to account inquiries and billing matters. Mark Schulte will be your peer review actuary. They will be assisted by one of our actuarial analysts who will complete the data processing and technical work on the projects. Both of the consulting actuaries performing work under your contract are members of the American Academy of Actuaries and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions for postretirement benefits valuation work. Resumes which detail the experience and qualifications for your consultants can be found on the following pages. Contact Information: Phone: Email: Address and Fax: Chris Grabrian 612.596.5974 chrisgCaD-vaniwaarden.com See footer Mark Schulte 612.596.5971 marks vaniwaarden.com See footer You can learn more about our firm at www.vaniwaarden.com and about the GASB 45 valuation process at www.qasb45oi)eb.com Page 4 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree:888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Christopher L. Grabrian, ASA EA, MAAA is a consulting actuary who works with employers to manage employee benefits, with special emphasis on retirement plans. Chris has 22 years of experience in employee benefits consulting with: • Van Iwaarden Associates- Minneapolis, MN Since 2011 • Gallagher Benefit Services -Minneapolis, MN 1999 -2011 • Deloitte Consulting - Minneapolis, MN 1989 -1999 Experience includes: • Performing annual valuations of qualified retirement and OPEB plans incorporating funding and accounting requirements. Includes GASB 45 OPEB valuations for many counties, cities, school districts, and other governmental entities. • Presentations regarding GASB accounting rules • Assisting clients in actuarial assumption reviews and rate - setting. • OPEB and defined benefit retirement plan design studies and cost projections • Partnering with clients to communicate and administer benefits to participants. Some clients Chris has served: • Public sector employers including; Minnesota cities (Bloomington, Eagan, Rochester, Alexandria, Chaska, Crookston, West St. Paul), counties (Douglas, Morrison, Scott) and school districts (Minneapolis, Bloomington, Fairmont, St. Cloud, St. Peter); Texas cities (Garland, Huntsville, Port Arthur) and counties (Midland, Smith); Tennessee cities (Bristol, Johnson City) and school districts (Bristol, Johnson City, Sullivan County); California cities (Blythe). • Private sector employers including the Minnesota Twins and Marquette Financial Companies. Chris' credentials and education include: • Associate, Society of Actuaries • Enrolled Actuary under ERISA • Member, American Academy of Actuaries • B.S. Mathematics and M.S. Actuarial Science, University of Nebraska, Lincoln, NE Page 5 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402-1010 612.596.5960 tollfree:888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Mark W. Schulte, FSA, EA, MAAA is a consulting actuary who works with employers to manage employee benefits, with special emphasis on retirement plans. Mark has over 10 years of experience in employee benefits consulting with: • Van Iwaarden Associates -Minneapolis, MN Since 2009 • Watson Wyatt - Minneapolis, MN 2008 -2009 • Mercer- Minneapolis, MN 2000 -2008 His experience includes: • Performing annual valuations of qualified retirement and OPEB plans incorporating funding and accounting requirements. Includes GASB 45 OPEB valuations for many counties, cities, school districts, and other governmental entities. • Presentations regarding GAS B accounting rules and pension investment strategies. • Assisting clients in actuarial assumption reviews and rate - setting. • Guiding employers through changes in legislation. • Defined benefit, defined contribution, and OPEB retirement plan design studies. • Partnering with clients to communicate and administer benefits to participants. Some clients Mark has served: • Public sector employers including NDPERS, City of Fresno, City of Fargo, City of St. Louis Park, City of Shakopee, City of Palmdale, Washington County, Pine County and Dane County. • Private sector employers including Andersen Windows, Graco, Hormel Foods, and Mayo Clinic. Mark's credentials and education include: • Fellow, Society of Actuaries • Enrolled Actuary under ERISA • Member, American Academy of Actuaries • B.A. Mathematics, Summa Cum Laude — St. Olaf College, Northfield, MN Page 6 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tollfree:888.596.5960 f 612.596.5999 WWW.VANfWAARDEN.COM Scope of Work We will perform the following services for the City of Stillwater: GASB 45 Actuarial Valuation We will prepare an actuarial valuation report in accordance with GASB 45 requirements. The report will analyze post- retirement health insurance benefits provided to City of Stillwater employees based on data provided by the City of Stillwater. The information contained in the report will satisfy all GASB 45 requirements, including: • Measurement of the actuarial present value of benefits, actuarial accrued liability, normal cost and annual required contribution and plan participant statistics. • Calculation of annual OPEB expense on GASB 45 accrual basis of accounting. • Liability results split between employee contract groups, if needed. • 30 -year projection of expected future benefits including implicit and direct subsidy allocations, if applicable. • Projected reconciliation of the Net OPEB Obligation balance sheet liability for FY11, FY12 and FY13. • Summary of plan participant with demographic and coverage details. • Detailed listing of actuarial assumptions and methods. In general, these will be the same as those used in the prior valuation. However, if any assumptions or methods appear unreasonable, we will recommend changes to the City of Stillwater. Review and Presentation The engagement will also include the following services: • Conference calls: — Fact - finding discussion to understand the City of Stillwater's benefit plans and current funding status. — Interaction with the City of Stillwater staff regarding data, assumption- setting, and other issues as they arise. — Conference call to discuss report and changes from prior valuation. — We would also be glad to attend in -per son meetings for an additional fee. • Electronic (PDF) copies of draft and final reports • Bound copies of draft and final reports (if requested) Page 7 VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402 -1010 612.596.5960 tol /free: 888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Price Proposal Fees for Services Our experience and knowledge leadership ensure that you will get the best advice at a reasonable cost. Our fees are summarized below: Proposed Engagement Fixed Fee January 1, 2011 GASB 45 Actuarial Valuation Report with $6,250 projected FYI 1, FY12 and FY13 GASB 45 results Discount for League of Minnesota Cities Members (625) Total Fee $5,625 Time for all out -of -scope projects, including cleanup of incomplete /inaccurate data or data not provided as requested, will be billed at our normal hourly rates. For 2011, our rates range from $75 per hour for administrators to $265 for consultants. We do not anticipate any out of pocket expenses, however, if any occur they will be passed on to you without markup. Travel time, if it occurs, is billed at 50% of our regular rates. We will also be happy to provide additional consulting services for an additional fee that is agreed upon in advance by both parties. All changes in scope and potential fees will be discussed with City of Stillwater prior to commencement. You have the right to terminate our services at any time, subject to payment of accrued charges for work we have done through the date we receive notice. We will have the same right of termination (including termination for non - payment of fees and expenses), subject to our obligation to give the C ity of Stillwater reasonable notice. We trust that this proposal satisfactorily outlines our services and fees. If you have any questions, please feel free to contact us. Thank you again for considering Van Iwaarden Associates to assist you with this project. Sincerely, 4 r �rrr Christopher L. Grabrian, ASA, EA, MAAA Consulting Actuary Page s VAN IWAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS MN 55402 - 1010 612.596.5960 tollfree: 888.596.5960 f 612.596.5999 WWW.VANIWAARDEN.COM Acknowledgement and Consent The undersigned authorized representative of the City of Stillwater has read this proposal from Van Iwaarden Associates, understands its contents, and agrees on behalf of the City of Stillwater to the terms, conditions and fees set forth above. Date: , 2011 By: Title: Page 9 VAN 1WAARDEN ASSOCIATES 840 LUMBER EXCHANGE BUILDING TEN SOUTH FIFTH STREET MINNEAPOLIS, MN 55402-1010 612.596.5960 tollfree: 888.596.5960 f 612.596.5999 WWW.VANIWAkRDEN.COM MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen / DATE: October 27, 2011 SUBJECT: St Croix Valley Recreation Center and Lily Lake Arena Management Agreement The annual Management Agreement for the Recreation Center and Lily Lake Arena is up for renewal January 1 st. The facilities have been very well managed by St. Croix Caterers, Inc. since 1998, and the management fee ($35,000 per year) has not risen since the beginning. All employees of the facility are employees of St. Croix Caterers, and Doug Brady, the manager, does an excellent job of keeping both facilities full, while satisfying the needs of the various groups that want ice time, etc. Their experience in running these facilities has proven invaluable. RECOMMENDATION Renew the contract at the annual rate of $35,000. ACTION REQUIRED If Council wishes to implement the staff recommendation, they should pass a motion adopting a resolution entitled Approval of the St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement with St. Croix Caterers, Inc. /nm RESOLUTION 2011 -157 APPROVAL OF THE ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT WITH ST. CROIX CATERERS, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that the management agreement between St. Croix Caterers, Inc. and the City of Stillwater for 2012 management of the St. Croix Valley Recreation Center and Lily Lake Arena is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 1st day of November, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk ST. CROIX VALLEY RECREATION CENTER AND LILY LAKE ARENA MANAGEMENT AGREEMENT This Management Agreement ( "Agreement ") is made this 21st day of December, 2010, between the CITY OF STILLWATER, a Minnesota Municipal Corporation (the "City "), and HOME RULE CITY OF THE THIRD CLASS with offices at 216 N. 4th Street, Stillwater, MN 55082, and ST. CROIX CATERERS, INC., a Minnesota Corporation, with offices at 301 S. Second Street, Stillwater, MN 55082 ( "St. Croix "). , WITNESSETH The City is the owner of Lily Lake Ice Arena ( "Lily Lake ") and the St. Croix Recreation Center, 1675 Market Drive, Stillwater, Minnesota, which features two (2) indoor ice rinks, and a multipurpose domed field house (collectively, the "Facilities "). St. Croix is in the business of managing and marketing ice rinks and sports and entertainment facilities. St. Croix has the knowledge and expertise to manage and market the Facilities. NOW, THEREFORE, in consideration of mutual promises and other consideration the parties agree as follows: ARTICLE I OPERATING CONDITIONS Section 1. Term. Commencing January 1, 2012 and continuing until December 31, 2012, St. Croix will provide the City with the services set forth in this Article. Notwithstanding the foregoing, the City will have a right to terminate this Agreement, for its convenience, upon not less than sixty (60) days prior written notice to St. Croix. In this event the City must pay to St. Croix all amounts owing to St. Croix and accrued through the date of termination, it being understood that the purpose of this termination right is to comply with so- called "safe harbor" guidelines for management contracts under Section 1301(e) of the Tax Reform Act of 1986. Section 2. Responsibilities. 2.01 St. Croix's Responsibilities: a. Marketing and Promotion. St. Croix must perform all marketing activities, which will be undertaken to maximize the use of the Facilities by all persons, provide maximum revenue, as defined in Paragraph 2.01(n) below. St. Croix will conduct a promotional campaign for the Facilities in accordance with a plan for promotion, which must be prepared and submitted, to the City for approval within forty -five (45) days after the date of the agreement. b. Scheduling. St. Croix must develop and maintain all schedules for events held at the Facility and scheduling must be accomplished in accordance with Page 1 of 11 a rate schedule and facility use policy established by City policy, applicable law, and in a manner to maximize the use of the Facilities so as to provide maximum Revenue, for the City. c. Concessions. St. Croix will provide concession services at the Facilities for the sale, through manual service, vending machines and other methods (collectively, "Concessions "). d. Maintenance. St. Croix must perform all minor maintenance of the Facilities; provided that the responsibilities are limited to ordinary and routine maintenance. e. Custodial and Cleaning Services. St. Croix must provide all routine cleaning and janitorial services at the Facilities. f. Pest Control. St. Croix must perform all necessary pest control services, whether performed by St. Croix or a pest control service engaged by St. Croix. g. Snow Removal. St. Croix must perform all snow removal services on the pathways and sidewalks adjacent to the Facilities. h. Trash Removal. St. Croix is responsible for removal of all trash from the Facilities and agrees that it will not permit any employee, to place refuse outside the buildings on the Facility, except in designated Dumpsters, the location of which must be approved by the city. i. Operational Services. St. Croix will direct all services required to stage (set up and take down) the Facilities for each event including, but not limited to, loading in and loading out the ice rink, dasher boards, the soccer floor and other sports event setups. St. Croix must hire and manage all management staff, ticket sales personnel, ushers and other personnel required for the operation of the Facility, including, but not limited to, ticket taking, program distribution and assistance to patrons general, including the handicapped. j. Ticket Sales. St. Croix must perform all aspects of ticket sales for events and activities including computerized tickets. Ticket sales services will include ordering, selling and accounting for tickets, reporting ticket revenues for a given event for each user of the Facility, cash and credit card processing, complete auditing and accounting for each event. k. Security. St. Croix must arrange for proper security for events at the Facility and for general security when events are not in progress. The security may be provided by St. Croix or by contract, in its discretion. St. Croix must review exterior crowd management and traffic control with the Stillwater Police. I. Licenses and Permits. St. Croix must obtain and maintain, on behalf of the City, all licenses and permits necessary for management and operation of the Facilities. m. Separate Fund Established. On or before the effective date of this Agreement, the City will establish separate funds, separate from any other City funds which will be the exclusive use of all receipts and disbursements related to this Agreement ( "Sports Facilities Fund "). n. Collection of Revenues. St. Croix will be responsible for the collection of all revenue. "Revenue" is defined as the total amount received by St. Croix or Page 2 of 11 any other person or entity operating on St. Croix's behalf from third parties, directly or indirectly arising out or the connected with and on behalf of the facility, including without limitation rental fees, use fees, concession sales, transactions for cash, less applicable taxes and except for contributions, interest earnings or other Revenues that may be collected by the City from time to time. All Revenues generated by the use of the Facilities and collected by St. Croix will be deposited by St. Croix in a designated depository within twenty -four (24) hours of receipt. The City will also deposit any Revenues it may collect from time to time related to the Facilities in the appropriate depository. The City is authorized at any time to obtain information and records from St. Croix concerning proof of payment and verify and inspect any records. o. Disbursements. The City will make disbursements from the Sports Facilities Fund to pay budgeted operating expenses. Any authorized expense incurred by the City or by St. Croix must be disbursed by the City from the Fund. St. Croix must use a purchasing system approved by the City and similar to the purchasing system established for other City funds. p. Meetings. St. Croix must, upon ten (10) days written notice, attend meetings held by the City of Stillwater Parks and Recreation Commission for the purpose of providing reports on the operations of the Facilities and /or to discuss issues or problems concerning the operations of the Facilities. Attendance at meetings held by the City Council will also be required, upon ten (10) days written notice, for discussion of issues or problems that may require such meetings. 2.02. City's Responsibilities: a. Operating Hours. Determine the operating hours and rate schedule of the Facilities and its various components in consultation with St. Croix. b. Trash Removal. Haul trash from the site, provided trash is placed in dumpsters provided by the City. c. Snow Removal. Plow snow from parking lot areas to be used by visitors to the Facilities and St. Croix staff. d. Maintenance. Maintain all outdoor areas of the Facilities unless specifically listed as a St. Croix responsibility. e. Marketing. Assist St. Croix when possible in its promotion and marketing efforts. f. Fee Approval. Approve all fees to be charged by St. Croix, including "mark- up" for resale items such as sports equipment and food and beverages. g. Bond Payments. Make all debt service payments in connection with the Tax exempt Revenue Bonds used to construct the project and all related accounting and legal services associated with this bond issuance. It is understood that the debt service payments are to be made from Revenues generated by the Facilities, to the extent available. h. Budget. Approve and /or amend the annual budget and work program as specified in Section 3.01. Page 3 of 11 Section 3. Budget and Revenue Reports. 3.01 The City, in consultation with St. Croix, will develop an estimated Revenue and Expense Budget for the period beginning January 1, 2012 and ending December 31, 2012. The budget will be used as a tool for the effective management of the Facilities and for evaluating the results of operations. The City and St. Croix will use their best efforts to ensure the effective management of Revenues and expenses related to the Facilities. 3.02 The proposed budget must be reviewed by St. Croix within thirty (30) days after submission. Upon approval by St. Croix, which approval will not be unreasonably withheld, the proposed annual budget will become the final budget for the period until December 31, 2012. 3.03 St. Croix and the City may revise the Budget at any time by mutual written agreement. 3.04 Within fifteen (15) days after the end of each calendar month and within forty - five (45) days after the end of the Contract Year, St. Croix must deliver to the City a true and correct statement certified as true and correct by an officer of St. Croix, of all Revenues of the preceding calendar month and Contract Year, as the case may be, together with any reasonable supporting documentation requested by the City. 3.05 St. Croix must deliver to the City on a daily basis a copy of the deposit made for that day and a revenue report by type of Revenue, including dollar amount and purchaser that reconciles to the daily deposit. Revenue reports for Saturday and Sunday deposits will be delivered to the City on the next business day. Section 4. The Management Fee, Additional Fees. 4.01 St. Croix will be paid a fee equal to five percent (5 %) of the gross revenues ( "Management Fee "), not to exceed a total fee of thirty -five thousand and no /100 dollars ($35,000.00) for providing management services. The fee will be paid as follows: The fees will be paid at the rate of two thousand nine hundred sixteen and no /100 dollars ($2,916.00) per month thereafter to the end of the Agreement. The final payment will be adjusted, if necessary, so that the total fees do not exceed the lessor of five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00). If after the adjustment the fees paid to St. Croix exceed five percent (5 %) of the gross revenues or thirty -five thousand and no /100 dollars ($35,000.00), St. Croix must rebate to the City the amount overpaid. St. Croix will pay any rebate due to the City no later than thirty (30) days after the expiration of this Agreement. In the event of underpayment, any amount due to St. Croix will be paid no later than thirty (30) days after the expiration of this agreement. 4.02 The Management Fee is based upon an evaluation of the responsibilities of each party under existing circumstances. In the event of a substantial change in responsibilities based upon changed circumstances, the parties agree to meet Page 4 of 11 and confer with regard to a modification of the Management Fee that is commensurate with the changed responsibilities. Section 5. Payment of Management Fees Personal Services & Operating Expenses. 5.01 From the Sports Facility Fund, the City will pay the Management Fee on the first business day of each month for the preceding month and will pay the Personal Services Expenses, as defined in attached Exhibit B as developed pursuant to Paragraph 3.01 above, as they are incurred in the ordinary course of business and within twenty (20) days after receipt of a Personal Service Expense invoice from St. Croix. Those portions of the Operating Expenses that will remain the responsibility of the City and will be paid directly by the City are defined on Exhibit C as developed pursuant to Paragraph 3.01 above. 5.02 In the event that the Sports Facility Fund is insufficient to cover the Operating Expenses and the Management Fee due and payable during a month, the Deficiency will be paid by the City. 5.03 Representatives of St. Croix's management and the City must meet not later than the twentieth (20th) day of each calendar month to review revenues and operating expenses for the prior calendar month. ARTICLE II CONCESSIONS Section 6. Operations. 6.01 St. Croix will cause the Concessions to be operated and conducted so that all persons who patronize the Facility will always be promptly and satisfactorily served. All foods and beverages sold must always be of the highest standard of quality and purity, must be stored and handled at all times consistent with excellent standards of sanitation, preservation and purity, must always be well prepared and satisfactorily served and must always conform to the requirements of all applicable federal, state and municipal laws, statutes, ordinances and regulation. No imitation, adulterated or misbranded commodities may be stored, displayed or sold by St. Croix or any employees or contractors. 6.02 The City and St. Croix acknowledge that it is not always feasible to operate all the Concessions on a daily basis. Periodically, the City and St. Croix will confer in an effort to agree upon the nature and scope of operation, which is consistent with their respective interests. St. Croix will provide reasonable and adequate service consistent with the activities at the location for each event. 6.03 The City reserves the right to contract with others to provide all or part of the concessions, and before doing so the City will meet and confer with St. Croix with regard to the nature and scope of the contract in an effort to insure that the contract is consistent with their respective interests. Section 7. Capital Improvements Equipment Repair and Maintenance. 7.01 It may be desirable to consider additional capital improvements ( "Additional Capital Improvements ") and the purchase of additional equipment ( "Additional Page 5 of 11 Equipment ") for the Premises. At any time St. Croix or the City may request a meeting to confer to consider the advisability of any Additional Capital Improvements and Additional Equipment. No purchases of Additional Capital Improvements or Additional Equipment may be undertaken without the prior written agreement of the City. 7.02 St. Croix must maintain and repair the Equipment, the Additional Equipment, and replacements thereof, the Additional Capital Improvements and replacements thereof in accordance with the Budget and all manufacturers' warranty and preventive maintenance requirements, and the cost thereof. 7.03 The City, at its expense and not as an Operating Expense, must replace all Equipment, Additional Equipment, Additional Capital Improvements, and replacements, using prudent business judgment giving due effect to the nature, age, obsolescence and imminent obsolescence of such assets. 7.04 St. Croix will be responsible for the ordinary housekeeping and cleaning of the Facility and the Equipment, Additional Equipment and Additional Capital Improvements. ARTICLE III GENERAL TERMS AND CONDITIONS Section 8. Representation of the City. The City represents and warrants to St. Croix as an inducement to St. Croix entering into this Agreement, that it is the City's intent that the Facility will be permitted to be open to the paying public in a manner consistent with industry practices. Section 9. Standard of Operation. St. Croix represents and warrants to the City that it will maintain an efficient and high quality operation at the Facility comparable to other locations containing facilities similar to those of the Facilities. Section 10. Accounting Records, Reports and Practices. 10.01 St. Croix must maintain accounting records relating to the Facilities using accounting practices in accordance with generally accepted accounting principles consistently applied. 10.02 St. Croix must establish internal financial control policies and practices which are in accordance with generally accepted standards in the industry and reasonably acceptable to the City. 10.03 The City will have unlimited access to all accounting records and supporting documentation of St. Croix relating to the Facility during the term of this Agreement and for a period of three (3) years thereafter. The right to access will be exercised in a reasonable manner. Section 11. Default. Riaht to Cure. Consent to Jurisdiction and Waiver of Ju Trial. 11.01 It will be an event of default ( "Event of Default ") hereunder if either party hereto fails to pay or deposit sums due by one party to the other within seven (7) days after written notice by the other of such failure, or Page 6 of 11 a. Fails to perform or comply with any other obligation of such party hereunder within thirty (30) days after written notice by the other of such failure (which notice will specify, in sufficient detail, the specific circumstances so as to give the defaulting party adequate notice and the opportunity to cure the same); provided however, that if the default is of a nature that it cannot be cured within thirty (30) days, then the defaulting party will not be deemed in default hereunder if it commences to cure the default within ten (10) days after the effective date of the notice of such default and diligently process to cure such default within ninety (90) days after the effective date of notice. 11.02 The parties agree that it is in their best interests to resolve any disputes or defaults, and, accordingly, agree, that prior to the exercise of any remedy granted hereunder, at law or in equity, upon an Event of Default, the parties will, in good faith, consider alternative dispute resolution procedures, including, without limitation, arbitration and mediation. The party who wishes to exercise its remedies will notify the other party thereof, which notice will specify the alternative dispute resolution mechanism that the exercising party wishes to employ (the "Exercise Notice "). The parties will attempt in good faith to resolve the default by the alternative dispute resolution mechanism to which they agree, (including, without limitation, the binding nature of any such alternative dispute resolution proceeding); provided however that if no such resolution has been achieved within ninety (90) days after the effective date of the Exercise Notice, the exercising party may proceed to exercise its other remedies, including, without limitation, termination of this Agreement. 11.03 The parties and each of them hereby irrevocably submits to the jurisdiction of Washington County Minnesota District Court over any action or proceeding arising out of or relating to this Agreement any other document evidencing the transaction contemplated by this Agreement. Section 12. Insurance. 12.01 In connection with the employment of its employees, St. Croix will pay all applicable social security, re- employment, workers' compensation or other employment taxes or contributions of insurance, and will comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation. St. Croix will indemnify and hold harmless the City from all costs, expenses, claims or damages resulting from any failure of St. Croix to comply with this Section 12.01. 12.02 The City will procure and maintain a General Comprehensive Liability policy covering operations of the City at the facility and will name St. Croix as an additional insured on this policy with a combined single limit of the City's legal tort liability Limit as set by the Statutes of Minnesota. 12.03 City must procure all Risk Property Insurance for the completed value of the Facility to cover the Facility including St. Croix's use, occupancy and operation of the Facility against the perils of fire and other perils normally covered by an All Risk policy. The City must be named insured on the property insurance. The Page 7 of 11 City and St. Croix agree to waive all rights against each other, and each other's subsidiaries, affiliates, agents and employees, for damages covered by the property insurance. Section 13. Indemnity. St. Croix agrees to indemnify, hold harmless, protect, and defend City or City's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damages, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred as a result of or due to the breach of contract, negligence or willful misconduct of St. Croix, its agents, consultants, subcontractors, employees or representative, to the extent that such claim, loss, liability, damage, cost or expense is alleged to have been caused by St. Croix, its agents, consultants, subcontractors, employees or representative. St. Croix hereby waives any claims it may, now or in the future, have against City, which claims are or should have been covered by the insurance specified in this Agreement. By this indemnity, which is not intended to be the procurement of insurance, the City in no way knowingly or intentionally waives its "maximum liability" as specified in Minn. Stat. §466.04. Section 14. Damage to and Destruction of the Location. If all or part of the Location is rendered untenantable by damage from fire and other casualty which, in the reasonable opinion of the City, a. Can be substantially repaired under applicable laws and governmental regulations within three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), the City will forthwith at its own expense repair damage other than damage to its improvements, furniture, chattels or trade fixtures. During the period during which the Facility or any part thereof remains untenantable until the Facility resumes full operation. The Management Fee must be reduced accordingly, and St. Croix and the City must jointly decide on an operating budget for the duration of the repair period and jointly determine whether to retain personnel during the repair period, and ii. Subject to applicable law, the term of the Agreement will be extended by the amount of time in which the Facilities are closed to the general public due to the damage. b. Cannot be substantially repaired under applicable laws and governmental regulations with three hundred sixty -five (365) days from the date of such casualty (employing normal construction methods without overtime or other premium), then the City must notify St. Croix thereof. In such case, either the City or St. Croix may elect to terminate this Agreement as of the date of the casualty by written notice delivered to the other. Section 15. Emplovees. 15.01 All persons engaged at the Facility in operating any of the services hereunder Page 8 of 11 are the sole and exclusive employees of St. Croix and must be paid by St. Croix. In connection with the employment of its employees, St. Croix will pay all applicable social security, reemployment insurance, workers' compensation or other employment taxes or contributions to insurance plans, and retirement benefits, and must comply with all federal and state laws and regulations relating to employment generally, minimum wages, social security, re- employment insurance and worker's compensation, and will defend, indemnify and save the City harmless from any responsibility therefore. St. Croix must comply with all applicable laws, ordinances and regulations including, without limitation, those pertaining to human rights and nondiscrimination set forth in Minn. Stat. § 181.59, Minn. Stat. Ch 363 and the Stillwater City Code as the same may be amended from time to time, all of which are incorporated herein by reference. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be canceled or terminated by the City for a violation of this paragraph, in addition to the penalty provisions which may be invoked by the City pursuant to the above cited statutes and ordinances. 15.02 St. Croix will employ trained and neatly dressed employees and the employees must conduct themselves at all times in a proper and respectful manner. Any dismissal must be in accordance with applicable federal, state or local laws which may be in effect, and St. Croix will defend, indemnify and save the City harmless from any claim, cause of action, expense (including attorneys' fees), loss, cost or damage of any kind or nature arising there from, except in the case of express written direction from the City. Section 16. Nonwaiver. The failure of either party at any time to enforce a provision of this Agreement will in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the right of the party thereafter to enforce each and every provision hereof. Section 17. Amendment. The parties may amend this Agreement only by written agreement executed by the parties. Section 18. Choice of Law. The laws of the State of Minnesota will govern the rights and obligations of the parties under this Agreement. Section 19. Severability. Any provision of this Agreement decreed invalid by a court competent jurisdiction will not invalidate the remaining provisions of this Agreement. Section 20. Notices. 20.01 Any notice required herein will be in writing and will be deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; or (c) one (1) business day after deposit with a national overnight air courier, fees prepaid, to St. Croix or City at the following addresses: µ Page 9 of 11 If sent to the City: If sent to St. Croix Catering City Administrator/Treasurer City of Stillwater 216 North 4th Street Stillwater, MN 55082 Richard Anderson St. Croix Catering, Inc. 301 South Second Street Stillwater, MN 55082 20.02 The City's representative to St. Croix in connection with Facility operations will be the City Administrator or a person named by the City and Consultant shall designate the St. Croix On -site Manager. Either party may designate an additional or another representative or address for notices upon giving notice to the other party pursuant to this paragraph. For the purposes of this Agreement, "business day" will mean a day which is not a Saturday, a Sunday or a legal holiday of the United States of America. Section 21. Force Maieure. 21.01 Neither party will be obligated to perform hereunder, and neither will be deemed to be in default, if performance is prevented by fire, earthquake, flood, act of God, riot, civil commotion or other matter or condition of like nature, including the unavailability of sufficient fuel or energy to operate the Location, or any law, ordinance, rule, regulation or order of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental law and regulations. 21.02 In the event of a labor dispute which results in a strike, picket or boycott affecting the Facility or the services described in the Agreement, St. Croix will not be deemed to be in default or to have breached any part of this Agreement. 21.03 Notwithstanding any other provision of this Agreement, in the event that the State of Minnesota changes or terminates the statutory authority of the City for building, operating and maintaining the Facilities, and the changes make this Agreement impractical or unlawful to carry out, the City has the right to terminate this Agreement. Section 22. Integration. This Agreement and all appendices and amendments hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement will supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF STILLWATER a Minnesota Municipal Corporation Ken Harycki, Mayor Diane F. Ward, Clerk ST. CROIX CATERERS, INC. Richard Anderson, President STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) )s.s. COUNTY OF WASHINGTON ) On this day of , 2010, before me, a Notary Public within and for said County, appeared Richard Anderson, to me personally known, who, being duly sworn, did say that he is the President of St. Croix Caterers, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public Page 11 of 11 RESOLUTION 2011 -158 APPROVAL OF THE 2012 CLEANING SERVICES CONTRACT FOR CITY HALL WITH DAVE CLARK BE IT RESOLVED, by the City Council of Stillwater, MN that cleaning services contract between Dave Clark and the City of Stillwater for the 2012 cleaning services contract for City Hall hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 1st day of November, 2011. Ken Harycki, Mayor ATTEST: Diane F. Ward City Clerk CLEANING SERVICES CONTRACT THIS CONTRACT, is made this 1st day of November, 2011, between the City of Stillwater, a Home Rule Charter City of the third class, existing under the laws of the State of Minnesota, with offices at 216 North Fourth Street, Stillwater, Minnesota 55082, ( "City "), and Dave Clark ( "Clark "). RECITALS The City desires to retain the services of Clark to provide cleaning services for Stillwater City Hall. Clark agrees to perform these services for the City under the terms and conditions set forth in this Contract. In consideration of the mutual promises set forth herein, it is agreed between the City and Clark as follows: SECTION I. NATURE OF WORK Clark will perform cleaning, sweeping and maintenance services for City Hall within the scope of work described by the City Administrator. The methods of accomplishing the work will be determined by Clark and all tools of the trade will be supplied by Clark. SECTION II. COMPENSATION 1. City will pay Clark on a bi- monthly basis in accordance with the schedule on the attached Exhibit "A." The ordinary and necessary business expenses incurred by Clark and attributable to the work will be reimbursed by the City provided that prior written approval is given by the City Administrator. 2. Clark shall submit an invoice to the City to receive payment for services. The invoice shall contain a description of the services rendered including the dates and hours the work was performed. The City shall pay Clark within seven (7) days from the date of the next regularly scheduled City Council meeting after the invoice is submitted to the City. SECTION III. STATUS OF CLARK This Contract calls for the performance of the services of Clark as an independent contractor and Clark will not be considered an employee of the City for any purpose. SECTION IV. WORK STANDARDS Page 1 Clark will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted procedures. SECTION V. INDEMNIFICATION Any and all claims that arise or may arise against Clark, its agents, servants or employees as a consequence of any act or omission on the part of Clark or its agents, servants or employees while engaged in the performance of this Contract shall in no way be the obligation or responsibility of the City. Clark shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligence or willful act or omission of Clark, its agents, servants or employees, in the execution, performance or failure to adequately perform Clark's obligations under this Contract. SECTION VI. TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. SECTION VII. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION VIII. NO ASSIGNMENT WITHOUT CONSENT Clark will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. SECTION IX. WRITTEN NOTICE All communications regarding this Agreement should be sent to Clark and the City at the addresses set forth above, unless notified to the contrary. Page 2 SECTION X. DURATION This Contract will be in effect from January 1, 2012 through December 31, 2012 and will be renewable on an annual basis upon mutual agreement by both parties. This agreement may be terminated by either party upon sixty (60) days written notice to terminate the agreement by the party. IN WITNESS WHEREOF, the parties set their hands this 1 St day of November 2011. CITY OF STILLWATER, a Minnesota municipal corporation Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Dave Clark STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of October, 2011, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 3 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was sworn to and subscribed before me this day of October, 2011, by Dave Clark. Notary Public Page 4 MEMORANDUM TO: Mayor & City Council FROM: City Administrator Hansen DATE: October 28, 2011 SUBJECT: Cable Communications Budgets for Fiscal Year 2012 BACKGROUND INFORMATION: Attached are the budgets for fiscal year 2012 for the Central St. Croix Valley Joint Cable Communications omission and Valley Access Channels. The budgets need to be approved by all member cities. I have reviewed the two budgets and compared them with prior years, and it appears the y are reasonable an appropriate. RECOMMENDATION: Council consider approving the fiscal year 2012 budgets for Central St. Croix Valley Joint Cable Communication Commission and Valley Access Channels. /nm Central St. Croix Valley Joint Cable Communications Commission Operating & Capital Expenditure Budget Fiscal Year 2012 (February 1, 2012 — January 31, 2013) Revenue Franchise Fees PEG Fees Interest Earnings Expense Reimbursements Lower Valley Funding Total Revenue Expenses Salary (includes employer's FICA & PERA) Admin. Secretary (30 hr. week) 37,000 Professional Services Legal Fees 5,000 Accounting 3,250 FY 2010 Audit Expense 7,000 Other Expenses Office Supplies 1,000 Telephone 960 Postage 200 Maintenance /Repairs 100 Conf /Mtgs /Dues 1,000 Print/Publish 100 Insurance /Bond 3,500 Medical Insurance 9,000 Dental Insurance 570 Office Rent 20,200 Gas & Electric 3,000 Security System Monitoring 200 Photocopier Expenses 600 280,000 120,000 300 500 16.800 $ 417,600 Cable Commission FY 2012 Budget — Page 2 Access Center Support 323,120 (PEG Fees 120,000; Franchise Fees 172,120; Interest Earnings 200; Lower Valley Funds 16,800; Tape Dub Reimbursements 14,000) Miscellaneous Expenses 1,500 Valley Ridge Mall Christmas Event 200 Glenwood Inglewood Water 100 Reserve Funds Accounts Legal Contingency -0- Leasehold /Facility /Relocation -0- HVAC Maintenance /Repair -0- Security Fund -0- Capitol Revolving Fund -0- Payroll Expense Reserves -0- Total Expenses $ 417,600 No COLA increases are budgeted for this year. Valley Access Channels Operating & Capital Expenditure Budget Fiscal Year 2012 (February 1, 2012 — January 31, 2013) Revenue Commission Subsidies: PEG Fees 120,000 Franchise Fees 172,120 Interest Earnings 200 Lower Valley Funds 16,800 Tape Dub Reimbursements 14,000 834 School Dist. Reimbursement Miscellaneous Reimbursements 2011 Unused Grant Funds Total Revenue Expenses 1,000 *Salaries (includes employer's FICA & PERA where applicable) Access Manager — 40 hours /wk 59,150 Lead Facilities Coordinator — 40 hours /wk 48,000 Facilities Coordinator— 40 hours /wk 42,600 Facilities Coordinator— 40 hours /wk 40,800 1 Access Associate — up to 20 hrs /wk. 16,700 Govt. Meetings & School Board Meetings 4,200 Freelance/Temp Employees 12,000 Total Salary Expense $223,450 Professional Services Accounting 3,250 OtherExaenses Office Supplies 1,000 Media Supplies * 8,483 Telephone 960 Rent & CAM 40,330 Gas & Electric 6,000 Glenwood Inglewood Water 200 Insurance /Bond 3,500 Medical Insurance 23,700 Dental insurance 2,300 Postage /Mtg /Conf /Dues 1,000 Maintenance /Repairs 5,000 Mileage - .51 /mile, gas & car repairs 2,000 323,120 3,500 500 553 $ 327,673 Valley Access Channels — FY 2012 Budget — Page 2 Publicity 600 Misc /Facility /Office Furniture 5,000 Security Monitoring 300 Copy Machine Expense 600 Total Expenses $ 327,673 No COLA increases have been budgeted for this year. * The tape dub revenues fund the Media Fund budget. I split the projected tape dub earnings between the Media Fund and the Miscellaneous Fund ORDINANCE 1041. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 41, ENTITLED LICENSES, PERMITS AND PROHIBITIONS BY ADDING STANDARDS FOR CERTAIN SEASONAL OUTDOOR SALES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Add. City Code Chapter 41, is amended by adding Section 41 -6, Subd 1 as follows: Subd. 1. Seasonal Outdoor Sales. Seasonal Outdoor Sales may be allowed as an accessory use within the CA and BP -C Zoning Districts, subject to the requirements of this subdivision. For purposes of this subdivision, "Seasonal Outdoor Sales" is defined to include the promotion and sale of goods and/or services, including but not limited to plants, vegetation, landscaping materials, lawn care items, fireworks. Seasonal Garden Centers, a type of Seasonal Outdoor Sales, will be permitted for a maximum period of 90 days, and all Seasonal Garden Centers permitted under this subdivision must cease operation on or before July 15 each year. Seasonal Fireworks Sales, another type of Seasonal Outdoor Sales, will be permitted for a maximum of three weeks each year and must cease operation no later than July 6. The annual Seasonal Outdoor Sales permit may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the proposed opening date of the Seasonal Outdoor Sales business. To be considered complete, the application must include the completed application form plus the following additional information. (a) Address of property. (b) Site plan detailing at least the following: (i) Size of the area being occupied by the Seasonal Outdoor Sales operation. (ii) Method of containing operations. Indicate materials and design of the proposed tent or temporary structure, any fencing on the site, and trash containment systems. (iii) Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on the site. (iv) Parking stalls. Number of parking stalls being used by the entire Seasonal Outdoor Sales operation must be indicated. The site plan must also include a note describing the number of parking spaces that will remain available to the primary use of the property. Sufficient parking must be available to support both the accessory Seasonal Outdoor Sales operation and the primary commercial use of the property. (c) Utility plan. Indicate how water and electricity will be provided to the site. Page 2 of 4 (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, colors, illumination and support systems. The proposed signage shall be reviewed against the following standards. 1. The total number of signs associated with a Seasonal Outdoor Sales operation is limited to three. 2. All signage for the Seasonal Outdoor Sales operation must be contained on the subject property. 3. Signage may not be located within public right -of -ways. 4. Each free standing sign is limited to a surface area of two feet by three feet (six square feet total). 5. Up to two banners may be permitted. They may only be attached to the tent or temporary structure used for the Seasonal Outdoor Sales operation. 6. One sign may be painted or affixed directly to the tent or temporary structure used for the Seasonal Outdoor Sales operation. 7. The size and height of the banner and affixed signs are limited to that which is allowed in the BP, Business Park Districts as regulated in City Code Ch. 31, Sec. 31 -509, Subd. 8(a)(1) and (3)'. 8. No sign may be erected or installed prior to erection of the Seasonal Outdoor Sales tent or temporary structure. 9. All signs must be removed from the property concurrently with removal of the Seasonal Outdoor Sales operation. (e) Signed agreement from the property owner permitting the proposed Seasonal Open Sales. (f) Narrative explaining details including: 1) dates and hours of operation, 2) merchandise or service being offered for sale, and 3) contact information for the landowner, the applicant, and the manager of the Seasonal Outdoor Sales operation. (2) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (3) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substantiated complaints of a Public Safety nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that year. (4) An inspection by the Fire Marshal will be required prior to the Seasonal Outdoor Sales operation opening for business. (5) Seasonal Outdoor Sales are only allowed on private property. No Seasonal Outdoor Sales are permitted on public property or public right -of -ways. 1 Size. The gross surface area of a tent wall sign may not exceed one square foot for each foot of tent wall parallel or substantially parallel to the front lot line. Height — a tent wall sign may not project higher than the parapet line of the tent wall to which the sign is affixed or 20 feet as measured from the base of the tent wall to which the sign is affixed, whichever is less. Page 3 of 4 2. Add. City Code Chapter 41, is amended by adding Section 41 -6, Subd. 2 as follows: Subd. 2. Seasonal Food Vending Seasonal Food Vending is allowed by annual permit only on private property as an accessory use within the CBD Zoning District, subject to the requirements of this subdivision. For purposes of this subdivision, "Seasonal Food Vending" does not include food vending for events. Event food vending requires an event permit pursuant to City Resolution No. 2010- 204 and any subsequent revisions to that resolution. The annual permit for a Seasonal Food Vending cart or vehicle may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the first seasonal usage of the cart or vehicle. To be considered complete, the application must include the completed application form, permit fee, and the following additional information. (a) Address of the private property upon which the cart or vehicle will operate. (b) Site and operations plans detailing at least the following: 1. Size and location of the area being occupied by the Seasonal Food Vending operation. 2. Picture and dimensions of vehicle or cart. 3. Location of exits from principal building on the property. The vending equipment and operation must not block the exits. 4. Storage location for vehicle or cart when not open for business. 5. Method of containing trash. 6. Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on or around the site. 7. Parking stalls. If parking stalls are being used by the vending operation, this must be indicated on the site plan. The total number of parking spaces required of the principal use of the private property shall not be reduced below the minimum number required by ordinance. 8. Miscellaneous operation details including: a) dates and hours of operation, b) merchandise or service being offered for sale, and c) contact information for the landowner, the applicant, and the manager of the Seasonal Vending operation. (c) Utility plan. Indicate how utilities will be provided to the operation. (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, colors, illumination and support systems. The proposed signage shall be reviewed against the following standards. Page 4 of 4 10. The total number of signs associated with a Seasonal Vending operation is limited to two. 11. All signage for the Seasonal Vending operation must be contained on the subject private property. 12. One sandwich board type sign may be permitted if it satisfies the standards found in Resolution No. 2009 -xxx and any subsequent revisions to that resolution. 13. One sign may be painted or affixed directly to the vehicle or cart. 14. No sign associated with the Seasonal Vending operation is allowed to be on the subject property when the cart or vehicle is not present. (e) Signed agreement from the property owner allowing the proposed Seasonal Vending operation. (2) Submittal of a satisfactory inspection report of the proposed cart or vehicle from the Stillwater Fire Department. (3) Submittal of a permit issued for the cart or vehicle by Washington County health officials. (4) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (5) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substantiated complaints of a Public Safety or Public Health nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that year. (6) Seasonal Food Vending is only allowed on private property. No Seasonal Food Vending permits will be issued for operation on public property or public right -of -ways. (7) For public safety reasons, all Seasonal Food Vending operations must close by 2:30 am each day. Also, if during large events it is determined by the Chief of Police that downtown crowd control is necessary, Seasonal Food Vending businesses may be required to close earlier than 2:30 am during that event. 3. Savings In all other ways City Code Chapter 41 will remain in full force and effect. 4. Effective Date This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 1 st day of November, 2011. ATTEST: CITY OF STILLWATER Diane F. Ward, City Clerk Ken Harycki, Mayor MEMORANDUM TO: Mayor and City Council FROM: Michel Pogge, City PlannerW`llf DATE: October 27, 2011 RE: Mainstreet Pedestrian Walkway Project Public Restroom Change Orders #1 and #2 DISCUSSION During excavation of the foundation for the new Public Restroom for the Mainstreet Pedestrian Walkway Project the excavator encountered a number of items that were unexpected including contaminated soils, two unidentified electrical conduits, and old post footings. These items were outside the scope of the original bid and are consider a change conditions to the overall project. The cost to address this items is $3,187.53 and is part of Change Order #2. To keep the project moving in order that the foundation could be completed before winter conditions set in, staff authorized the contractor to complete the work and it has been completed. Change Order #1 was for required testing services as required by the Minnesota State Building Code. The contractor proposed to complete the work in the amount of $5,244.00. Staff felt this was too high and solicited our own bids from other independent testing companies. Stork Twin Cities Testing submitted a bid in the amount of $3,007.00 to complete the required testing. Staff subsequently rejected Change Order #1 and no action is required by the City Council. RECOMMENDATION The City Council approved Change Order #2 in the amount of $3,187.53 ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2011- APPROVAL OF CHANGE ORDER #2 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM. APPROVAL OF CHANGE ORDER #2 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #2 in the amount of $3,187.53 for the Main Street Pedestrian Walkway Public Restroom Project is hereby approved: Change order #2 Stockpile excavated contaminated materials on designated poly. Cover with Poly, use sandbags to secure poly, and surround with bio logs. Stockpile to be located per Owner's discussion. COR #2. $2,277.53 Remove two (2) existing concrete piers. This assumes the piers are 4 -5 feet deep. This debris to be trucked off site for disposal. COR #3 $355.00 Excavate around existing pipes. COR #4 $ 555.00 Thus increasing contract amount from $297,700.00 to $300,887.53. Adopted by Council this 1 st day of November 2011. Attest: Ken Harycki, Mayor Diane F. Ward, City Clerk 1 1 0 , TM 1 10 Chan PROJECT (Name and address): CHANGE ORDER NUMBER: 002 OWNER: ❑ Mainstreet Pedestrian Walkway - Public DATE: 10,21.201 I ARCHITECT: (� Restrooms N, Water Street and Commercial Avenue CONTRACTOR: Stillwater, MN 55082 TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 11025.00 FIELD: Terra General Contractor CONTRACT DATE: October 4, 2011 OTHER: ❑ 21025 Commerce Blvd, Suite 1000 CONTRACT FOR: General Construction Rogers, MN 55374 763,463.022 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to prevr'ously executed Construction Change Directives) A. Stockpile excavated contaminated materials on designated poly. Cover with poly, use $2,277.53 sandoags'to secure poly, and surround with bio logs. Stockpile to be located per Owner's direction. (Contractor COR# 02) B. Remove two (2) existing concrete piers. This assumes the piers are 4 -5 feet deep. This debris to be $ 355,00 trucked off site for disposal. (Contractor COR# 03) C, Excavate around to existing steel pipes. (Contractor COR# 04) ;$ 555.00 TOTAL, $ 3,187° The original Contract Sutra was $ 297,700.00 The net change by previously authorized Change Orders $ 0,00 The Contract Sum prior to this Change Order was $ 2 The Contract Sum will be increased by this Change Order in the amount of $ 3,187.53 The new Contract Sum including this Change Order will be $ 300,887.53 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is unchanged. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Collaborative Design Group Terra General Contractor City Of Stillwater ARCHITECT (Firm name) CONTRACTOR (Firm narrre) OWNER (Fran name) Portland Ave., Suite 100 neapolis, MN 55401 (T}tped name) 10.21.2011 DATE 21025 Commerce Blvd, Suite 1000 Rogers, MN 55374 763.463.022 ADD ESS g, �y (Sigt lure) Ben wlin (Typed name) DATE 216 N. Fourth Street Stillwater, MN 55082 65.1:430, 8822 ADDRESS BY (Signature) (Typed name) DATE AIA Document G701 TI —2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNINGi 1'44, A ,E),:w;8me' R i s p',A Cied by t! t,,Cq ;:E, it Lwi w,d Treett,3.:. ail , ,t'uthsrkod mpmduction or distributlon of thts A19' Dt'rruk rot or try pars, lira of ,t, «,.:,y re - &ult in 'G €.;i w . ,,dv tr and will bc� far ft e.k' . -�d to Via nv), s,rum e <xtent'possibto to Wor the law, This document was produced by AIA software at 09:13:55 on 10/21/2011 under Order No.6076395816_1 which expires on 0811912012, and is not for resale. User Notes: (1396859770) TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: October 28, 2011 RE: Parking Ramp Use for Trinity Lutheran Church's Lutefisk Dinner BACKGROUND Trinity Lutheran Church will be holding their annual Lutefisk & Swedish Meatballs benefit on Thursday, November 3 this year. Preparation for the event will be on Wednesday, November 2nd Parking will be difficult this year, since the church's 4 Street lot may be under reconstruction in preparation for the Post Office relocation. Therefore, the church has requested the purchase of parking space in the municipal ramp for the two -day event. DISCUSSION On November 2 about 30 to 40 vehicles will need to park in the ramp. These are the vehicles of the volunteers who will prepare the food, and set up the venue. For the lunch and dinner guests, about 1,000 meals will likely be sold for this benefit. If there is an average of two people per car, there would be a need for as many as 500 total parking spaces. The meals are served in seatings starting at 11:30 am. There will be two lunch seatings and three dinner seatings. The standard discount for a bulk purchase of parking ramp vouchers (25 or more) is $0.25. So a single voucher would cost $2.75 instead of $3.00. That entitles the vehicle owner to park the vehicle all day in the ramp. The city has never sold 500 vouchers for a two day period before, so there is no precedent for comparison purposes. Staff suggests a fee of one dollar per car, which would be about $500. Reasons for this suggestion are: 1. The vehicles for folks having lunch or dinner will probably only be parked an average of an hour or so each, not the whole day. So a dollar per vehicle for an hour seems reasonable for a large bulk sale such as this. 2. This is a shoulder season between summer and the Christmas season. So the ramp has no parking pressure. Lutefisk Dinner Parking October 28, 2011 Page 2 of 2 3. Filling the ramp four times over the course of two days in early November is a definite benefit for the city. 4. On a normal November 2 " and 3` the ramp would do well to sell 50 hourly tickets over the two days, in addition to monthly patrons and Lowell Inn business. So for the two days of normal sales we would raise about $150 in revenue from hourly patrons. 5. $500 for hourly patrons instead of the normal $150 seems sufficient. RECOMMENDATION The Parking Commission and staff suggest charging $1 per vehicle during the two -day event. Also, we suggest that the ramp arms should remain in the "up" position for both days. This would save the city 1,000 ticket coupons (one issued upon entrance, a second pre - validated ticket upon exit), staff time to validate 500 tickets, the cues as vehicles leave after each seating, and the staff time necessary to sort out the confusion as people leave and insert the wrong coupon in the exit machine, as well as refunding folks who pay to exit when they realize they should have used their pre - validated ticket. Payment would be after the two -day event is completed. We would invoice the church within a month of the event for $1 per vehicle. Meal ticket sales by the church are numbered so they will know exactly how many tickets will have been sold. We recommend using an assumption that two meal tickets will be sold on average for each vehicle parked in the ramp. And, the church will know how many total volunteers will serve in the event. It is not certain yet whether the 4 th Street parking lot will be under construction. If it is not, the parking fee will not be charged, and the ramp will function as normal. COUNCIL ACTION The Council should decide: 1) whether the $1 per car fee is acceptable for this large bulk sale; and 2) whether paying after the event based upon documented usage is acceptable, or whether payment should be a flat $500 fee in advance of the event. bt MEMORANDUM TO: Mayor and City Council FROM: Torry Kraftson, Assistant City Engineer DATE: October 27, 2011 RE: Feasibility Study for 2012 Street Improvement Project (Project No. 2012 -02) DISCUSSION Engineering staff would like to proceed with the 2012 Street Improvement Project. Authorization of a feasibility study is the first step in the process. It is proposed that the following streets be considered for the 2012 Street Improvement Project: Street Name Reconstruction Method Laurel Street Pavement reconstruct Martha Stree (Myrtl � e t Mulberry) Pavement reconstruct Xwm- F* fbl... 1 el) K xf Y Y . r Rice Street (Everett to east end) Pavement reconstruct 6 "' Avenue (Orleans to Churchill) Pavement mill and overlay tt hhll �t ( Stre to_ Ave�l �Pavtilceray 1.. x, ...... .J Northwestern Avenue Pavement mill and overlay The total length of the streets listed above is 2.8 miles. In the 2010 pavement management study, the above mill and overlay streets were primarily in fair condition and the pavement reconstruction streets were primarily in poor and worst condition. The feasibility study will analyze pavement conditions, subsurface soils, curb needs, storm sewer needs, sidewalk considerations, and utility needs. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for street, water main, sidewalk/trail, sanitary sewer, and storm sewer improvements for the streets listed above for the 2012 Street Improvement Project. ACTION REQ UIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2011- RESOLUTION ORDERING PREPARATION OF REPORT FOR 2012 STREET IMPROVEMENTS (Project 2012 -02). RESOLUTION ORDERING PREPARATION OF REPORT FOR 2012 STREET IMPROVEMENTS (PROJECT 2012 -02) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 1 st day of November 2011. Ken Harycki, Mayor ATTEST: Larry D. Hansen, City Clerk 2012 FEASIBILITY STUDY AREA LEGEND (PROJECT TYPE) 14 l o l sio 5 Ater - RECONSTRUCT TH E .I.THPLACE IF MINNES.,A - MILL AND OVERLAY 0 1000 2000 4000 SCALE IN FEET �T Im I ji wa,,t e r 61 R,7 H PLA 13F NES0 A Memo Community Development Department To: City Council From: Michel Pogge, City PlannerAP)r Date: Friday, October 28, 2011 Re: Facade Improvement Program Amendments and Updates Message: As discussed at the Council meeting on October 18th, out of the $500,000 allocated for the facade improvement program only $295,480 has been committed leaving $204,520 available. Now that several of the projects are underway interest in the program is growing. The original program allowed for up to two rounds of funding which is now complete. Staff would recommend that we make the remaining funds available on an ongoing basis. In order to do this, the Council will need to approved this change. Work that is underway Out of the first round of funding, only four of the seven project started their work by required start date of September 1, 2011. In talking with the applicants from the other three projects they all said that they intend to start the work this fall /spring but wanted to wait to start the work until the peak tourism season was over. Technically, since these three projects have not been started, they are no longer eligible to use these funds. Staff would recommend that the deadline to start the projects for both the first and second round of funding be extended to March 1, 2012. After that time, any funds not used would be made available to others who wish to participate in the program. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4 1 h Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge ®ci.stillwater.mn.us Investment Lending Group Funding Request During the discussion on the round 2 funding requests at the Oct 18 Council meeting it was questioned if the property at 114 Chestnut St E had delinquent property taxes owed. Staff investigated the potential of delinquent taxes owned by Investment Lending Group on their property and found they owe $41,814.62 in delinquent property taxes. In order to avoid foreclosure, the property owner is in a repayment plan with the County that requires them to keep their taxes current and pay off their delinquent taxes with installment spread over the next 5 years. Per the terms of the fagade improvement program, they are not eligible to receive funds until their taxes are current and paid in full. Staff has discussed this with the applicant and they are currently considering their options including paying off their delinquent taxes in order that they could participate in the program. RECOMMENDATION The City Council approved the proposed changes to the Facade Improvement Program. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2011- APPROVING CHANGES TO THE DOWNTOWN STILLWATER FAQADE PROGRAM. From the desk of... Michel Pogge,. AICP • City Planner • City of Stillwater • 216 N. 4 1 h Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us APPROVING CHANGES TO THE DOWNTOWN STILLWATER FACADE PROGRAM WHEREAS, on February 15, 2011 the City Council approved establishment of the Downtown Stillwater fagade improvement program; and WHEREAS, after two rounds of funding not all of the available funds have been exhausted; and WHEREAS, the City Council desires to keep the program open until such time that the funds are exhausted. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the remaining funds in the Downtown Fagade Improvement Program be made available on an ongoing basis until they are exhausted; and BE IT FURTHER RESOLVED by the Stillwater City Council that the terms of the program are amended allowing work that was approved in conjunction to the first two rounds of funding to start any time prior to March 1, 2012. Adopted by Council this 1 st day of November 2011. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk TO: City Council FROM: Bill Turnblad, Community Development Director T. MEETING DATE: October 4, 2011 RE: Background info for Paradeau letter of Sept 28 BACKGROUND With the pending sale of the Minnesota Zephyr railroad line for conversion to a State Trail, the owner is also looking to sell his other land interests north of the depot building. The depot itself will remain with the current, at least for the time being. The attached letter from the owner, Dave Paradeau, identifies two possible sale scenarios. 1) If the City supports rezoning the property to CBD as the rest of downtown, Mr. Paradeau would prefer to sell his interest in the property to a condominium or hospitality industry developer. 2) If the City does not support the rezoning, then Mr. Paradeau would like to selling his interest in the land to the City for public use. COMMENTS The subject property north of the depot consists of land that Mr. Paradeau has an option to purchase from Mrs. Aiple, and land owned by the City that he has right of first refusal on. The property has had Phase I and II environmental work completed, has survey work in progress, and has appraisal work on order. As mentioned in his letter, Mr. Paradeau would appreciate your discussion and thoughts on the two scenarios. bt Sep 28 11 03:40p David L Paradeau 561 799 2799 p.1 Page 1 of 1 - radea Mar keting 10242 HERONWOOD LAME WEST PALM BEACH, FL 33412 561 - 799 -6601 To. Mayor & Council members Date: September 28 2011 Re: Stillwater Land Proposals From: David L. Paradeau There is a tremendous opportunity for the City of Stillwater to now take advantage of the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr rail corridor property. Note: The DNR is only purchasing a 2000 ft. easement that extends northward from Laurel street. The remaining 6.4 miles is actually the corridor land sale. The DNR is projecting that two to three hundred thousand people will be using the trati each year and a large percentage of that usage will either start or end at Laurel street. Mayor Ken Harycki has mentioned that this trail Usage will redefine the downtown area of Stillwater. There are several major and exciting opportunities for the development of the river€ront land north of the Stillwater Grill (Depot) property and east of Hwy. 95. I would be interested in purchasing the city owned sliver of land so when the DNR realigns the trail just north of the Depot approximately one thousand feet the entire riverfront property could then be utilized for some type of development I strongly suggest that the City considers a devetoprnerrt project that would have a substantial tax base and a major financial impact to the downtown business community 365 days a year. I have had conversations with several potential developers but without a favorable City Council opinion on rezoning this property there is no need to introduce any architectural or concept plans. ( one exception: Single Family Residential lots) One more ebmative is that if the Council disagrees with my recommendations I would be interested in selling my ownership interest in these properties to the City and you can utilize the land as you see fit I would welcome a discussion and /or appreciate your thoughts. A decision should be made ASAP so that it would not interfere with the development of the new state trail. ReaWr adleau Davi Wednesday, September 28, 2011 AOL: Zephyr= Land Ownership MN Zephyr Neighborhood cl -- 1 Approximate boundary of i)rooertv interest N ■ ■ ■ ■ General area in question is ■ outlined in green dashed lin ■ ■ ■ Owner: Elayne Aiple TRS Zephyr Interest: Option I■ ■ ■ ■ Owner: Mn Zephyr LTD N (DNR trail easeme Owner: Mn LTD-1 ❑ Stillwater Marina LLC Paradeau goals: 1. Realign trail generally as shown in brown. 2. Sell everything outlined in green to a condo or hospitality industry developer (or to city if rezoning not possible). 1 0 water, F:IA 1 °LA !i4 tAita tii5.0 iA. Memo To: City Council From: Michel Pogge, City Planner — Date: October 31, 2011 Re: Browns Creek State Trail Discussion In 2007, the Minnesota Legislature authorized the Browns Creek State Trail as part of the Willard Munger Trail System in east central Minnesota. The trail will connect the Gateway State Trail in Grant to the St. Croix National Scenic Riverway in Stillwater via a 5.9 mile trail. Since the trail will be constructed on the former Minnesota Zephyr railroad grade, it will be generally level and accessible to users of all abilities. Like the Gateway State Trail, state statute dictates that the Browns Creek State Trail will be developed primarily for hiking and nonmotorized riding. The DNR is now in the process of developing the master plan for the Browns Creek Trail. Elements of the plan will include: Trail Uses, Trail Alignments, Trail Management, Trail Resources, and Implementation. Attached is a fact sheet from the DNR that describes these sections in detail. During the next few weeks, the DNR will be taking comments and incorporating them into the master plan. If the Council wishes to make comments on the trail they should do so before the Master Plan is released. Some of the areas the Council may want to comment on include: 1) allowable trail users, specifically horseback riding in the City; 2) how trail users will cross Manning Ave, assumable via either an overpass or underpass; 3) other issues of concern for the Council. Park and Recreation Commission Action The Park and Recreation Commission discussed the trail at their October 24 meeting and made the following recommendations to the City Council. As long as it is technically feasible, the trail crossing at Manning Ave should be an underpass as opposed to an overpass in order to protect the rural character of the surrounding area. 2. The City Council should support horse uses on the trail as long as there is separate horse trail and paved multiuse trail and that the inclusion of a horse trail does not compromise the ability to have a 10 foot wide paved multiuse trail. Action Requested If the Council agrees with the Park and Recreation Commission's recommendations then the Council should approve attached resolution. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENTING ON THE BROWNS CREEK STATE TRAIL WHEREAS, the Stillwater City Council recognizes the positive impacts that the proposed Browns Creek State Trail will have on the City of Stillwater and the greater region; and WHEREAS, the Stillwater City Council supports and advocates for the quick but prudent planning and development of the Browns Creek State Trail; and WHEREAS, the Stillwater City Council recognizes that it is important to plan and design a trail system for both now and the future. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby offers the following comments to the Minnesota Department of Natural Resources as they develop the Master Plan for the Browns Creek State Trail: 1. As long as it is technically feasible, the trail crossing at Manning Ave should be an underpass as opposed to an overpass in order to protect the rural character of the surrounding area. 2. The City Council supports horse uses on the trail as long there is a separate horse trail and paved multiuse trail and that the inclusion of a horse trail does not compromise the ability to have a 10 foot wide paved multiuse trail. Enacted by the City Council of the City of Stillwater, Minnesota this 1 st day of November, 2011. CITY OF STILLWATER ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk ! Up 1 T'771 l ip lip dl �`, �. rZ low County 12 Underpass 0 County 12 at Underpass 4 0 Dellwood Rd Bridge 1 Dellwood Rd Bridge 2 Manning Ave Looking North f � Manning Ave Looking South wa ter II E �h`. I A T H f I A _ O F td { N h Memo To: City Council From: Michel Pogge, City PlannerW Date: November 1, 2011 Re: Request to vacate a portion of a Conservation /Scenic Easement at 725 Reunion Road Discussion Property owners, Kevin TD & Susan M Johnson, have presented plans to the City to construct a new pool, retaining wall, deck, and other associated improvements in the back yard at 725 Reunion Road. A portion of these improvements will extend into an existing Conservation /Scenic Easement on the property. The Conservation /Scenic Easement was established on all properties within 1,000 feet of Long Lake. DNR rules require that within 1,000 feet of Long Lake at least 50% of the land remain open space in order to provide opportunities for water to infiltrate into the ground and protect the water quality of the Lake. The property owner is requesting that a portion of the easement be vacated in their rear yard and moved to their front yard on a one to one basis. Staff has reviewed the request and finds it acceptable. Attached is a resolution approving the vacation subject to the property owners providing a new Conservation /Scenic Easement on the property. RECOMMENDATION It is recommended that the Council pass a resolution vacating the requested Conservation /Scenic Easement subject to the property owners providing a new Conservation /Scenic Easement on the property. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2011 -_, RESOLUTION VACATING A PORTION OF A CONSERVATION /SCENIC EASEMENT. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION VACATING A PORTION OF A CONSERVATION /SCENIC EASEMENT WHEREAS, a petition was presented praying for vacation of a Conservation/Scenic Easement within the City of Stillwater, Minnesota, hereinafter described; and, WHEREAS, the Council determined that the petition was sufficient; and that the City is a Home Rule Charter City of the third class and that it was lawful for the City Council to proceed with the vacation pursuant to law; and WHEREAS, at a meeting called for the purpose on the 1 st day of November, 2011, the City Council determined that the proposed vacation would not interfere with or defeat the public interest or adversely affect the public, and that it would in the best interest of the City that the Conservation/Scenic Easement be vacated. NOW, THEREFORE, BE IT RESOLVED, by the City Council that the petition be granted and that the Conservation/Scenic Easement bearing the date of July 11, 2002 and filed for record as Doc #3254942 on August 1, 2002 in the office of the County Recorder of Washington County Minnesota and that was placed over Lot 2, Block 3, LIBERTY ON THE LAKE THE WOODLANDS according to the recorded plat thereof, Washington County Minnesota as described in Exhibit "A" attached hereto, is hereby vacated. BE IT FURTHER RESOLVED, that a certified copy of this Resolution be recorded in the office of the County, Recorder, Washington County, Minnesota only after such time that a new and revised Conservation/Scenic Easement, as described in Exhibit "B" and "C" is presented to the City for recording. Enacted by the City Council of the City of Stillwater, Minnesota this 1 st day of November, 2011. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Exhibit "A" Only that portion of the Conservation/Scenic Easement bearing the date of July 11, 2002 and filed for record as Doc #3254942 on August 1, 2002 in the office of the County Recorder of Washington County Minnesota, that was placed over Lot 2, Block 3, LIBERTY ON THE LAKE THE WOODLANDS according to the recorded plat thereof, Washington County Minnesota as presently laid out and platted as follows: The South 5.00 feet, the West 20.00 feet, the North 20.00 feet and the Northeasterly 25,00 feet, all in Lot 2, Block 3, LIBERTY ON THE LAKE THE WOODLANDS according to the recorded plat thereof, Washington County Minnesota. EXHIBIT B That part of Lot 2, Block 3, Liberty on the Lake The Woodlands, Washington County, Minnesota, described as follows: The southerly 9.00 feet (adjacent to Lot 3, said Block 3) of the westerly 70.00 feet (as measured perpendicular to Reunion Road), The southerly 5.00 feet (adjacent to Lot 3, said Block 3) lying easterly of the westerly 70.00 feet (as measured perpendicular to Reunion Road), The westerly 29.50 feet (lying adjacent to Reunion Road), The northerly 20.00 feet (adjacent to Newman Trail), and The northeasterly 25.00 feet (adjacent to Lot 1, said Block 3) except the following: Commencing at the most southerly point of said Lot 1; thence northwesterly along the northeasterly line of said Lot 2, a distance of 27.25 feet; thence southwesterly, perpendicular to said northeasterly line, a distance of 7.00 feet, to the point of beginning; thence continuing southwesterly, perpendicular to said northeasterly line, a distance of 18.00 feet; thence northwesterly, parallel with said northeasterly line, a distance of 70.25 feet; thence northeasterly, perpendicular to said northeasterly line, a distance of 18.00 feet; thence southeasterly, parallel with said northeasterly line, to the point of beginning. EXHIBIT "C" Revised Conservation Easement for: Lot 2, Block 3„ Liberty on the Lake The Woodlands, Washington County, MN 0 15 30 so SCALE IN FEET OPEN SPACE EASEMENT NEW ADDITIONAL OPEN SPACE EASEMENT 1258 sq ft AND UTILITY EASEMENT 4 • CUr NT NAM[ . F:e)rn noel Susie Johnson Limestone Retaining Wall Syt— OPEN SPACE TRADE ZONE SI %R ,1)1711.A-,}l S Al LM.—I PROPERTY LINE d `° Q� mom S - - L-A-N_DSC-kPIXa DESlt 12276 Johnson Memorial Dr. Shakopee.MN. 55379 952277,6667 CONSERVATION /SCENIC EASEMENT This Conservation/Scenic Easement is entered into this 1 st day of November, 2011 by Kevin T.D. Johnson and Susan M. Johnson, husband and wife (the "Grantor ") in favor of The City of Stillwater, Minnesota (the "City "). RECITALS: WHEREAS, Grantor is the fee owner of the land located in Washington County, legally described as follows, to wit: Please see Exhibit A for legal description and Exhibit B for a map of the easements, attached hereto WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgages, and encumbrances, except for interest of parties joining in this instrument; WHEREAS, due to the presence of wetlands and trees on the Property, the Grantor and the City wish to enter into an agreement which will grant the City a conservancy /scenic easement for conservation and preservation of the terrain and vegetation and to prohibit certain destructive acts thereon over that portion of the Property as hereinafter defined as Open Space Area. NOW, THEREFORE, in consideration of the premises contained herein, Grantor hereby agrees and covenants as follows: 1. Definitions The following terms shall have the following meanings ascribed to them: "Open Space Area" shall mean that portion of the Property legally described on Exhibit A attached hereto. "Structure" shall mean any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric telephone, telegraph, gas lines, towers, poles, and other supporting facilities. 2. Easement Grantor hereby conveys to the City, its successors and assigns, a conservation and scenic easement in, under, on, and over the Open Space Area on the terms and conditions hereinafter set forth. 3. Prohibited Uses in Open Space Area The Open Space Area shall be preserved primarily in it natural condition. Unless approved by the City, no Structures, dwelling units or sites, road rights -ot -way or road surface, parking areas, storage of vehicles, commercial facilities or uses shall be placed, constructed or maintained in or on the Open Space Area. Further, there shall be no mowing of vegetation, removal of vegetation, land alteration activity, dumping, filling of wetlands or cutting of trees within the easement area without City approval. Notwithstanding the foregoing, Grantor shall have the right to construct wetland mitigation within the Open Space Area pursuant to a City approved wetland mitigation plan. 4. Duration The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors and assigns. 5. No Effect on City or ACC Nothing contained herein shall be deemed an approval by or a waiver with respect to the police powers of the city or any controls or regulations of the Architectural Control Committee under a homeowners' association having jurisdiction over the Property. IN WITNESS WHEREOF, the above -named parties executed the foregoing instrument on the day and year first above written. Grantors Kevin T.D. Johnson Susan M. Johnson STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2011, before me, a Notary Public within and for said County, appeared Kevin T.D. Johnson and Susan M. Johnson, husband and wife, to me personally known who, being duly sworn, did say that they are the individuals named in the foregoing instrument and that this instrument was signed by them as the free act and deed. Notary Public JPMorgan Chase Bank, N.A. Its: STATE OF COUNTY OF The forgoing instrument was acknowledged before me this day of by the of JPMorgan Chase Bank, N.A., on behalf of said entity. Notary Public This Instrument Drafted By: David T. Magnuson ( #66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 651 -439 -9464 main 651 -439 -5641 fax EXHIBIT A That part of Lot 2, Block 3, Liberty on the Lake The Woodlands, Washington County, Minnesota, described as follows: The southerly 9.00 feet (adjacent to Lot 3, said Block 3) of the westerly 70.00 feet (as measured perpendicular to Reunion Road), The southerly 5.00 feet (adjacent to Lot 3, said Block 3) lying easterly of the westerly 70.00 feet (as measured perpendicular to Reunion Road), The westerly 29.50 feet (lying adjacent to Reunion Road), The northerly 20.00 feet (adjacent to Newman Trail), and The northeasterly 25.00 feet (adjacent to Lot 1, said Block 3) except the following: Commencing at the most southerly point of said Lot 1; thence northwesterly along the northeasterly line of said Lot 2, a distance of 27.25 feet; thence southwesterly, perpendicular to said northeasterly line, a distance of 7.00 feet, to the point of beginning; thence continuing southwesterly, perpendicular to said northeasterly line, a distance of 18.00 feet; thence northwesterly, parallel with said northeasterly line, a distance of 70.25 feet; thence northeasterly, perpendicular to said northeasterly line, a distance of 18.00 feet; thence southeasterly, parallel with said northeasterly line, to the point of beginning. .w Revised Conservation Easement for: Lot 2, Block 3„ Liberty on the Lake The Woodlands, Washington County, MN 5 2 0 15 30 60 SCALE IN FEET LCD T 1 20.00 EA SEA4 ANT � 1 r 4 0 1 00 0 • 11 U0 29.50 I LOT 2 go t a l � � J• (� r °rr 70.00 Stillwater Downtown Parking Commission Meeting Minutes September 22, 2011 Commissioners present: Aimee Peletier, chair/business; Jeff Johnson, vice - chair /resident; David Korte, secretary /resident; Gerald Helmberger, resident; Sherri Hopfe Franke, business; Daren Anderson, resident; Dave Junker, resident City staff present: Doug Menikheim, councilman; Dennis Pasket, parking enforcement officer, John Gannaway, police chief; Shawn Sanders, Public Works Director City staff absent: Bill Turnblad, community development director Submitted by: David Korte agenda discussion action call to order Aimee called the meeting to order at 8:35 a.m. approval of agenda A motion was made and seconded to approve the agenda as presented. The motion passed in a unanimous voice vote. approval of July minutes A motion was made and seconded to approve the July 21, 2011 meeting minutes. The David will forward the approved minutes motion passed in a unanimous voice vote. There was no August meeting.) to the Stillwater city clerk. request for no parkin on Shawn presented a request from Bill Fredell that one side of Pine Street east of 2" John will send a letter to Cub's corporate Pine Street east of 2" Street Street be posted as a "No Parking" zone. Shawn mentioned the Traffic Safety office requesting their employees not Committee would also be reviewing this request. Bill's request comes from his park in this area. concern over traffic volume in this area resulting in what he see's as a decrease in the number of opportunities for cars to pass by each other. After discussion a motion was made and seconded to have the police chief send a letter to the corporate offices of Cub asking that they request their employees not to park in this area. The motion p assed in a unanimous voice vote. parking ramp directional This item will be tabled until the next meeting due to a lack of background Bill will bring this to the next meeting. signage information. David Korte stated he thought the commission had discussed this issue b ack in February. update on city council John, with supporting documents from Bill, updated the commission on the following Council asked the Parking Commission decisions recent city council actions pertaining to parking commission recommendations: to revisit the residential summer pass • The city council approved the request for a Residential Parking Permit in the issue next spring. Parking Ramp for this summer at $25 per month. The Parking Commission had not made a recommendation due to the quick turnaround time required; city staff had recommended denial. • The city council approved the recommendation of the $468 fee by the Parking Commission for "Fall Art & Jazz Festival." a enda I discussion I action • The City Council approved the recommendation of the $828 fee by the Parking Commission for the Harvest Fest. general discussion Doug and David Junker presented topics for general discussion and possible action at future meetings. Among the topics were, summer parking permits in the parking ramp, Summer Tuesday's, and the feedback from the Community Symposium's sessions. next meeting The next meeting will be Thursday, October 20, 2011 at 8:30 a.m., Conference Bill will send out an agenda and Room 213, City Hall. supporting documents before the meeting. Before the next meeting David will send out a draft of the meeting minutes. adjourn A motion was made and seconded to adjourn the meeting at 0900 a.m. and passed in a unanimous voice vote. STILLWATER TOWN BOARD MEETING October 13, 2011 Town Hall 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Jim Hiniker, Linda Countryman and David Johnson, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss, Treasurer Marsha Olson, Park Manager Rick Jacobson and Chief of Police Steve Nelson. Karen Kill, Browns Creek Watershed District Administrator, was present to discuss projects under consideration, especially those located in Stillwater Township, particularly the one at Highway 96 and Oakhill. They are looking at input they have received for this project and will produce a draft plan which will be presented at their November 14 regular meeting. She also reviewed projects done in the past in the area as well as their budget. There was discussion of the possibility of a joint workshop session with the Town Board and the Watershed District in January. 1. AGENDA - M /S /P Hiniker /Johnson moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M /S /P Hiniker /Johnson moved to approve the September 8, 2011 Stillwater Town Board meeting minutes as written. (4 ayes) 3. CHIEF OF POLICE - a. Report given. There were 7 burning permits, none for buckthorn. One dog was impounded which the owner picked up. b. The sign -up sheet for Code Red is on the website. Chief of Police Steve Nelson will give a presentation on the program at the annual meeting. 4. TREASURER - a. Report given. b. The battery for the Treasurer's computer is getting low and there was discussion as to whether to replace the battery or get a new computer. M /5 /P Untiedt /Countryman moved to authorize battery replacement for the Treasurer's computer not to exceed $300. (4 ayes) c. Checks and Claims - The following checks and claims were approved for payment. Claim No. Ven or Amoun 41656 Allied Insurance $ 100.00 41657 Campbell, Knutson 4,302.60 41658 Century Link 101.15 41659 James Doriott 75.00 41660 Rodney D Hunter 80.92 41661 Innova Disc Golf 3,486.73 Stillwater Town Board Mtg. — 10/13/11 41662 Jubilee Amusements 200.00 41663 Maroneys Sanitation 314.52 41664 Jack Kramer 4,462.73 41665 MFRA 3,408.50 41666 Lori J Meyers 63.32 41667 Kathleen Nelson 28.28 41668 Stephen Nelson 785.00 41669. . On Site Sanitation 317.86 41670 Marsha Olson 143.53 41671 MJ Raleigh Trucking 10,543.50 41672 Robert P Ranalla Sr 42.02 41673 Security Reponse Services 404.42 41674 Kathryn Schmoeckel 56.65 41675 TKDA 4,075.38 41676 Victor Lundeen Co 271.79 41677 Washington County Public Safety Radio 101.02 47678 Sheila -Marie Untiedt 15.00 41679 Xcel Energy 74.56 41680 Internal Revenue Service 700.32 41681 Minnesota Dept of Revenue 16.62 41682 PERA 405.46 41683 Department of Labor & Industry 875.58 Jacobson, Richard L 558.21 Johnson, David W 312.73 Nelson, Kathleen M 325.62 Nelson, Stephen W 1,113.33 Olson, Marsha Ann 400.85 Ranalla, Sr, Robert P 198.13 Riehle, Barbara 532.13 Schmoeckel, Kathryn G 642.13 Untiedt, Sheila -Marie 643.32 Page 2 5. ATTORNEY — a. L Transfer -Paul Sesco whose land is currently in the City of Stillwater was present to discuss the possibility of detaching to Stillwater Township. His neighbors to the west, Rob and Heidi Stevenson, would also be interested in going into the Township. The City had advised him to contact the Township for our input. Attorney Soren Mattick explained the process and suggested he get an informal commitment from the City before making application to the State. There was discussion of the possibility that other smaller lots might also have an interest in detaching to the Township and what the consequences of that might be. b. Crosswinds Escrow Agreement - M /S /P Hiniker /Countryman moved to authorize the Chair to sign the Crosswind Escrow Agreement. (4 ayes) 6. PLANNER - a. Accessory Structures - Planning Commission Discussion - The Planning Commission has recommended leaving our ordinance as it is since they did not Stillwater Town Board Mtg. — 10/13/11 Page 3 want to open the door for abuse. There was discussion of other possible options. Agricultural buildings are not allowed without a primary residence on lots less than 40 acres. We do want to encourage agriculture use. Possible enforcement action was discussed. The ordinance should spell out the number of 160 square foot or less buildings are allowed and no structure should be allowed without a permit. The matter will be referred back to the planning commission. b. Bergmann Sign Permit - There has been a number of complaints about Bergmann's signs `along County Road 15 and on 62 "d Street. He was told to apply for a sign permit but has not responded. The County required that Mr. Bergmann move some of the signs on County Road 15 out of the right of way. Sherri Buss will send him a letter stating that next year the signs will not be allowed. c. Agricultural Preserves - The Planner will prepare something on Agricultural Preserves for the web site. There should be something on our zoning map with the next Comprehensive Plan. d. Crosswinds Church COC for Sign - Sherri Buss reported that she had approved their sign and also a sign for the bank which must be removed when the church gets its certificate of occupancy. 7. ENGINEER - a. Browns Creek TMDL Implementation Plan - Engineer Paul Pearson had sent a letter regarding the TMDL implementation plan. The plan on Oakhill calls for rip rap rather than a pond and Paul Pearson feels this is a large improvement. There was discussion of Browns Creek Watershed District expenditures. We might ask for a cost - benefit analysis and also who would maintain the project over time. If this project develops further, MNDOT should also be involved. b. Raleigh Punch List - Hopefully this will be done in the next few weeks. c. Ice Management Seminar - Mike Raleigh attended this seminar and thought it was worthwhile. d. Otta Seal - Paul Pearson was asked to evaluate the use of Otta Seal on 90 Street which is now over 2 years old and whether it would make sense to do this on other gravel roads in the Township. Paul Pearson said that he had had a number of inquiries from other communities about the project. 8. PARK MANAGER - a. Payments - Rick Jacobson turned in payments for park reservations, farmers market and garage sale. b. Display Board for Arcola Heights Park - The Park Committee has an estimate of $240 plus shipping for a display board similar to the one in Otto Berg Park. The total budget for the disc golf course came to about $12,000. There was discussion of the fact that there was no budgeting for this project and we should watch for this in the future. M /S /P Johnson /Countryman moved to authorize the purchase of a notification sign for Arcola Heights Park up to $300. (3 ayes, Countryman nay) c. Boulders for Otto Berg Park = The Park Committee would like to purchase boulders to make it impossible for cars to drive in the park. The cost is estimated at about $2,000. M /S /P Hiniker /Johnson moved to authorize the expenditure of $2,000 for boulders for Otto Berg Park. (4 ayes) Stillwater Town Board Mtg. — 10/13/11 Page 4 9. CLERK — a. Leadership Training -The contract with GTS was signed. 10. COMMUNICATION COMMITTEE - The Communication committee had determined that the web site should be freshened up. A budget will be developed. 11. ADJOURNMENT -The meeting was adjourned at 10:30 p.m. Clerk Chairperson Approved 0 r mater THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers DATE: August 8, 2011 RE: David Paradeau Proposals FROM: Bill Turnblad, Community Development Director REVIEWERS: Larry Hansen, City Administrator; Dave Magnuson, City Attorney INTRODUCTION Dave Paradeau, owner of Mn Zephyr LTD, is interested in bringing a land proposal to the City in the near future. To date he has not submitted anything formally. But, he is discussing several alternatives with Councilmembers. In order to provide background information to frame the discussions better, the City Administrator has asked me to draft this short memo. BACKGROUND Mr. Paradeau would like to sell land that he owns or has interest in north of the Minnesota Zephyr depot. The properties and ownership interests in those properties are presented in the attachments. He has discussed various alternatives with staff. They include selling to a hotel /conference center developer, selling to a condominium developer, selling to a single family home builder, or selling to the City or other public agency for open space. At this point in time all of the alternatives are ideas only. No concept plans have been developed and submitted to the City, nor is staff aware of any developer who is working with Mr. Paradeau on formal concept plans. In conversations with staff, we have shared the following information with Mr. Paradeau. • Currently the properties have no buildable area. With setbacks from the railroad, the State Highway and the St. Croix River, there is no buildable area left. Even when the railroad is sold to the MnDNR for trail and the 75 foot railroad setback is eliminated, the buildable area on the Aiple property likely will not be of a size necessary for a building. Therefore, only open space uses would be possible. The various required setback areas can be seen in the attached graphics. • If the DNR were to realign the proposed trail just north of the depot so it ran along the highway, and if the City were to sell the property it owns to Mr. Paradeau, then there would be sufficient buildable area to develop the property in some manner other than open space. • Zoning and Comprehensive Plan o Aiple property that Mr. Paradeau has a purchase option on ■ Base zoning = RA, Single Family Residential ■ Overlay zoning = St. Croix River Overlay District. ■ Comprehensive Plan's land use guiding = LDR, Low Density Residential ■ FEMA Flood Mapping = Between a third and a half of the property lies within the 100 Year Flood Plain. o The City owned parcel and the railroad line ■ Zoned PROS, Park, Rec or Open Space. Paradeau Property August 8, 2011 Page 2 • Allowable uses o Given the Comprehensive Plan and current zoning classifications on the land • The Aiple property could be used for single family homes if additional property were assembled to create satisfactory building envelopes. • The City property and railroad line could be used for park and open space purposes. For example trailhead uses for the future Brown's Creek Trail. ■ Neither the condominiums nor the hotel /conference center are permitted. o To change the Comprehensive Plan to allow either the condos or hotel would require a 4 /5ths vote of the Council and approval of the Metropolitan Council. It would also require review by the DNR and NPS, neither of which favors development along this part of the St. Croix River. ■ If the Comprehensive Plan were amended, the following additional actions would be required to make the property developable for other than single family uses: • Property would have to be rezoned (requires 3 /5ths vote of the council) • The St. Croix River Overlay District regulations would have to be amended. This would require approval of the DNR. COMMENTS Given the configuration of the various parcels as they currently exist, as well as the current zoning and comprehensive plan classifications of the property, only open space uses are possible. Staff has explained this to Mr. Paradeau and has suggested that the property may have value as trailhead or other private or public open space uses. And that if he wanted to, he could submit a proposal to the City to sell it as such. The Minnesota Department of Natural Resources received bonding authority during the reconvened 2011 legislative session to purchase the Minnesota Zephyr rail line property for conversion to a state trail. The closing on the purchase could occur within the next month or so. Purchase and construction of the trail is important enough to Stillwater that the City should be cautious in discussions so as not to inadvertently complicate the closing. bt Attachments: Land Ownership Map Zoning Map St. Croix River Overlay District Map Comp Plan Future Land Use Map River Setback Map Setbacks Floodplain Map Topographic Map Land Ownership MN Zephyr Neighborhood Approximate boundary of property interest Owner: Elayne Aiple TRS ZeDhvr Interest: Option Owner: City of Stillwater Zephyr Interest: Right of 1st refusal Owner: Mn Zephyr LTD ( Pendi ng sale to MnDN r [IT, 1=0 Owner: Mn Zephyr LTD Stillwater Marina LLC S il ater iXF Lr NrX el[CF 0. YINN Lf Oi[ Zoning Map Zoning Districts A- P,Agncunur3l Preservation RA - Single Family Residential RB - Two Family TR, Traditional Re5ldenbal IR, Lakeshore Residential CR, Cottage Residential _ CTR, Cove Traditional Residential _ CCR, Cove Cottage Residential — CTHR. Cove Townhouse Pesldenbal TH, Townhouse RCM - Medium Density Resmentlai RCH - High Dens by Res10emial VC, village Commercial - CA- General commercial _ CBD - Central Business District BP-C, Bus lne5s Park- Commercial _ BP -0O, Business Palk - Office BP-I, Business Park - Industrial _ IB - Heavy Industrial - CRD - Campus Research Development - PA- PUblICAciministration — PROS - Park, Rec or Open Space Public Works Facility ROAD WATER Q 2[030 C ity Len its Juno 1 ,2011 I SYC AM OtE,,_' 0 ST 1 I • , i ST CRS OIX 'AV E•'� t .. 1 I 'I U) ------ - - -- -j 1 1 ' i AV EI ----------- f --- ----- L ---- ------- t ------ - - - - - < STN; + ------ - - - - -4 ''^^ 1 I � I ' 1 I (n i 1 - 7 V 1 1 I \ I , 1 1 ■ 1 , rl -------- L- 1-------- i----------------- - - - - -I O V M i ' LI I , I 1 ST. ' 1 I 1 ' 1 1 I 1 r ST. y --- r--- - -- --t I f � r I I I t "00 I S il ater iXF Lr NrX el[CF 0. YINN Lf Oi[ Zoning Map Zoning Districts A- P,Agncunur3l Preservation RA - Single Family Residential RB - Two Family TR, Traditional Re5ldenbal IR, Lakeshore Residential CR, Cottage Residential _ CTR, Cove Traditional Residential _ CCR, Cove Cottage Residential — CTHR. Cove Townhouse Pesldenbal TH, Townhouse RCM - Medium Density Resmentlai RCH - High Dens by Res10emial VC, village Commercial - CA- General commercial _ CBD - Central Business District BP-C, Bus lne5s Park- Commercial _ BP -0O, Business Palk - Office BP-I, Business Park - Industrial _ IB - Heavy Industrial - CRD - Campus Research Development - PA- PUblICAciministration — PROS - Park, Rec or Open Space Public Works Facility ROAD WATER Q 2[030 C ity Len its Juno 1 ,2011 North Main St. Croix River Overlay District m M OM --- --JI/ I� St. Croix River Overlay District 0 Uyof • North Main gag oemme Future Land Use Classes Municipal Boundary - -i 2030 Future Land Use Map Classes Low Density Residential � Y f )� Low /Medium Density Residential Medium Density Residential II High Density Residential Neighborhood Commercial I Commercial Downtown Mixed Use I Research & Development Park Industrial _ Institutional j I Park, Rec. or Open Space Marina Road R -O -W ® ®� — Surface Water - Wetland i F - E] Cj i � I o o i' i I Setback from St. Croix River Red outline around portion of Aiple property P unde o t D . Parradeau _. '•`rJ•J'J'r'••'J'J'J �F` »'.r,,J.. °•Jr, "aJ +. 666E r r r•r•r•J•r•r =r•r•r ' rrr•J•r•r•rrr » »••r r•r•r•r•r•r.J Y= *r. 'f �' 4 ti•L '•4, y +y y Y I » r r r•r•r »r•v; �•yy4.y,y.yy•y I 4 r•r•r•r•r »x•J•." r•r•J•n° +r•r•� I * �!» »rq *•r *r».pr.• »1•aR J 5. '� 4i1. ". h" �. %-.5S M% .er »; rrrr. r•r•r. ;y ;h;'• 100 foot river setback St. Croix River Overlay District c�°' Q i* I lwater North Main C—tyD -4m�D�� Setbacks i i � low STRE -ET J 0 Cq ORVW Requiromente ... 0.5 ird -ofnae from 177 apes of irrf rota surteCe pagedrg 1596 wakme City of SlBwater TBD TBD TED meldmun 332 AF TBD TBD TBD On -gong x x City: of stlllwafe City SWhv�er :(Sty of Stillwater '..BCWD reducbonbachgye 332 aqa feet. -- ---- -- -. -- I Sbrmwater Management .. •_ •:.' ALL Permit �Pam*APlBimd Applicant Perna Appgcant .NA Rate Control NA ALL No net increase No net increase - - - TBD TBD TBD Ongoing Permit APP I,. Permit Applicant Permit Applicant NA 1 Volume Control NA _ ALL TBD TBD TBD TBD TBD TBD TBD On -going X X Permit Applicant pane Applicant Permit Applicant NA Water Quality BCWD standards address potential impacts of most rev, development and NA __ALL No net increase No net increase - -- TBD TBD TBD Ongoing permit Applicant permit Applicant Permit Applicant NA redevelopment above a certain threshold. These will address new thermal and Erosion and Sediment Control Standard TSS loads and will not Improve the anent situation lie. no vet a t incse). NA ALL No net increase No net inc g increase - - TBD TBD TBD Ongoing x X Permit Applicant Permit Applicant Permit Applicant NA Lake, Stream and Wetland Buffers NA ALL No net increase No net increase - - TBD TBD TBD Ortgoig X x Permit Applicant Permit Applicant Permit Applicant NA Stream and Lake Crossings NA ALL No net increase No net increase - - TBD TBD TBD Ongoing X X Perna Apphcard permit 41ilkand _ 'Pemsit4ffi ant NA Watery pond will be ocaled bunheated catchment Wrnrave eedimmi poor to mtoff reachig the creek. This pond wit be diesgred in a manrerwhich New Pond- 96 and Oakhill Awn.N masirmues astlbmmt of sediment panicles. The pond will also be designed in a LBG3 Stillwater TWP 2.6 5.200 L 7 $2,400 $23,800 $7,140 2016 -21118 X Stillwater TWP Stillwater TWP Stillwater TWP (BCWD, MNDOT Z ner that limits the thermal impact on has creek such as bottom outlets and ing vegetation. I CBC-16 City of Stilwater 0.67 1,340 L - 5 $4,750 $10,750 $3,225 2016 -2018 X % City of Stillwater City of Stillwater City of Stillwater CW D, Oak Glen Golf Pond Retrofit - P1065 Evaluae (1) resideme time and sediment settling function to determine if they - - Pond Retrofit -P1045 can be increased. (2) pond outlet figurations for modifications to further tnep CBC-16 Cilyof SBlwater 2.02 4,040 L -- $11,500 $25.500 $7,650 2019 -2021 X BCWD BCWD BCWD Oak Glen Golf Course sediment within the ponds (3) addition of a filuat�Mllretbn ring around the CBC16 C' of Stillwater 0.44 880 L -- $10,000 $21,750 $6,525 2019 -2021 X BCWD BCWD BCWD Oak Glen Goff Course Pond Retrofit -P1044 perimeter to benefit both temperature am promote sediment capture. . __ -__. - -- - Pond Retrofit -P1043 CBC-16 City of Stillwater 0.3 i 800 L - $2,250 $4,750 $1,425 2019 -2021 X BCWD BCWD BCWD Oak Glen Golf Course Pond Retrofit -P1042 CBC-16 City of Stillwater 1.16 2,320 H 5 $33,000 $73,760 $22,128 2016 -2018 X X City of Stillwater City of Stillwater City of Stillwater BCWD, Oak Glen Gott Course Evaluate onshucion of a fitationlmfihretion ring nand the perimeter to benef l -�r Pond Retrofit -P1184 LBCSs City of Stillwater 2.61 5,220 H -- $23.000 $51,000 $15,300 201 &2021 X BCWD BCWD BCWD Oak Glen Golf Course loom temperature rind prarrate sediment capture. - -j.. - - Pond Retrofit- P1217 CBC-14 City of Stolw Developmont ater 0.58 1,160 M 1.6 $13,000 $28,750 $8,625 20142015 X X City of Stillwater City of Stillwater City of Stillwater BCWD, pmernt Pond Rchofit -P1048 Construction of a filuatioNnfilmhon ding around the perimeter to benefit both CBG16 City of Stewater 0.25 500 H -- $6,DD0 $13,250 $3,975 2019 -2021 X BCWD BCWD BCWD Oak Glen Goff Course temperature and promote sediment capture _ Bluff erosonoentified in 4 areas within the gorge portion of Browns Creak. Steep slopes and a bedrock valley expose soils to erosive stream foroes. % X Private landowners, tillwater, _ Bluff Stabilimbon Bedrock protects steep slams within the valley in many comma, but a bedrock LBG3 City y of of S till - valley occurs in the gorge along appmximately 2,000' of chamal stinting roughly MNDNR, Washington 900 upstream of the Homy 96 crossing. 68 136,000 $52,000 $250,000 - 2012 -2013 BCWD BCWD BCWD County, City of Stillwater, Stillwater Rsvine erosion is occurring in 12 areas within the gorge portion of Brown's S., P Ravine Stabili afion Creek. Ravire erosion Dears where gor,Cas,trated flow and steep slopes exist LBG3, LBC6a, LBG City of SMlwater, _ X X on erodible soils. 3e, LBC -3d, LBGSa Stillwater TAP 160 - -- $800 $7,500 $2,250 2019 -2021 X Washington County Washington County BCWD 0.08 Washington County Washington County Washington County Four (4) existing catch hasins can be retroftled with separation devices such as 0.11 220 Washington County D, � -- -- $800 $7,500 I. $2,250 2019 -2021 X BCW Stillwater TWP Catch Basin Retrofits: McKusick Road (4) sumped manMles or sediment capturing structures commonly refemed to as CBG15 Stillwater TWP : _ - stamwater proprietary devices. 440 -- - $300 $3,400 $1,020 20192021 X Washington County Washington County BCWD g � _ Washington County _ Washington County Washington County 0.23 460 - -- $300 S3,400 ', $1.020 20192021 X -- Washington County BCWD Two (2) existing catch bersos can be retnpfilted with separation devices such as 1.54 3,080 - - $300 $3,200 $960 2016 -2018 X Washington County, Washington County, Washington County, Catch Basin Retrofits: SOnebridge Trail sumped manholes a sediment to capturing structures comprony referred to as LBGSa Stillwater TWP MNDOT MNDOT MNDOT BCWD, Coy of Stillwater I srtnwater proprietary devices. 0.46 920 -- - -� -- - - $800 58,300 $2,490 20192021 X -- - City of Stillwater, Increase outlet elevator 05 feet CBC-16 0.3 600 M -- $5,000 $10,000 - 20192021 X BCWD BCWD BCWD MNDNR, Oak Glen City of Stillwater, Golf Course McKusick Wetland Outlet Modification Stillwater TWP - City of Stillwater, Underground outlet for btu flows CBC-16 0.3 600 M -- $58,500 $130,000 - 20192021 X BCWD BCWD BCWD MNDNR, Oak Glen Golf Course An untreated resideri al development exits on Neel Avenue south of the creek. j Neal Avarrw Stornwater Area The eastern right of way provides area to metal infithat on trenches that can be CBG16 CRY of Slixeter I 7 14,000 - M 117 $19,900 $199,300 $59,790 20142015 X X City of Stillwater City of Stillwater City of Stillwater BCWD sized to capture 1 'off of impervious surfaces within tle drainage area (4 BMPS). a l l _ -- Private landowners, A re- meander of the ditched portion of Brown's Creek upstream of the Store Stone Arch Bridge Streambank Stabilization - me LBGSa City of Sltlweter ... ? ?1 L - $40,000 $120,000 - 2012 -2013 X BCWD, MNDNR BCWD, MNDNR BCWD, MNDNR o g[on County, Arch Bridge wouB in ere stream asosion in this reach of s City creek. City of Stillwater Large swim of Mckusick Road discharges to creek untreated: 6900 linear foot BCWD, City of section of Mckusick extends from 3,000' weat of Neel Avenue to near the City of Slilvaear. Stillwater, Stillwater McKusick Road Improvements parking lot of Oak Glen Gob Corse. There is the potential to construct CBD16 Sblhvaler TWP 11.9 23,800 M 8.2 $7,600 $76,000 $22,800 2014-2015 X X Washington County Washington County Washington County Sill" ark Glen Golf approximaey 8 SMPs along this stretch including m g a mix ingartlers. Course infiltration trenches and proprietary settling devices. n I 2010 a total d 20 raigardens were installed in the neighborhood located to CBG7b, LBC -Sa, CBG 2010 Street Improvement Rairgardens City of Stillwater 1.95 I 3,891 M 5.4 - - - Completed X X City of Stillwater City of Stillwater City of Stillwater BCWD the rwrth east of me Oak Glen Gaff Course. 16 Project intent is to stabilize creek banks, increase fl odds o storage. and -� establish a more effective riparian buffer along Browns Creek through the Oak Oak Glen Stream BufferslStreambank Stabilization Glen Golf Course. The goal is to lessen instream erosion and provide additional CBC-16, 1-SC-5. City of Stillwater 13.35 1 28,700 H -- $70,000 i $520,000 - 2011 -2012 X BCWD BCWD BCWD Oak Glen Gob oncise C creek shading to reduce thermal badirg. Stream Geomorphology a Thermal Buffer Improvements I - _ _� -_ -- city of Stillwater. Reach) - -- L -- $6,400^ - 2019 -2021 X BCWD BCWD BCWD MNDNR,MNDOT Reach3 Browns Creek evaluated from confluence with St. Croix River to Manning 24 -- L - $110,000 "" - 20192021 X BCWD BCWD BCWD Stillwater TWP Avenue crossing Unique reaches identried and evaluated from the perspective -- - - -- Reach4 of having instream cooling potential and deficiencies. Identified activities - -- L - $38,400"" - 20192021 X BCWD BCWD_ BCWD Stillwater TWP categorized into three cate3ones: morphology vegetation; and buffer width. - _ -- -- - - -- City of Stillwater, Reach6 Moroholov Reaches of creek categorized as having degraded stream 7 __ M -- $19,200•" - 2016.2018 X BCWD BCWD BCWD MNDNR, Oak Glen channel geomorphology from a thermal staid porn) could be improved by + _ J Golf Course ReachB addressing s d existing vegetalien =position along the creek and 16 DBG15 seem "id 4.3 - L th vier- hanging banks anNa profile and alignment LBCB, LBGSa, CBG -� City of Stillwater - E93,800' - 20192021 X BCWD BCWD BCWD C' V egetation Evaluated CBG14 Coy of Stillwater -- - -+ -1 -- - - -- Reach assessed limitations in terms of cooing the system: what is structure, quality, CBC -13, CBC -11 Stillwater TWP - 3 L - E12,200•• - 2016 -2018 X BCWD BCWD BCWD City of Stillwater age toss and diversity of IanticoveR Soils and hydrology also evaluated to :. -_ �_ . - - _ __ - ___ _.._ -- _ t.__ -.._�_ . -.. -. - -_ - - -- Reachl0 determine feasi and appropriateness of altering landover from its cument � - - L - $25,600" - 20192021 X BCWD BCWD BCWD City of Stillwater _ Reach 11 state. Buffer Width 50burer from stream centedine on both skies (total 100') - 9,200 L -- $64.000" - 2016 -2018 X BCWD BCWD BCWD City of Stillwater on dered adequate for caotng purposes. if read, contained turf greas avilor Reachl2 impervious surfaces within the buffer zone l was oreklened to be defickent. 3d 11,20!1 M -- $109,000•' - 2016 -2018 X BCWD BCWD BCWD S611waterTWP Reach 13 8.5 - H -- $186,000"" - 2014 -2015 X BCWD BCWD BCWD SIMI-Wr TWP Reach 14 - - L -- $12,000•• - 20192021 X BCWD BCWD BCWD City of Grant This project world asset the installation d nested plezometers in the wetland at d,e Diversion StrucNre to determine groundwater conbiMdions, flows in the area Diversion Structure Project and assess the amount of groundwater that could potentially be "harveded" from CBC-16 City of Stillwater - - H - $25,000 $100,000 - 2014 -2015 X BCWD BCWD BCWD City of Stillwater the area and re- rireoied to Bmwn's Creek is a drain -tile type system. Project includes feasibility study, design and construction costs. - Brown's Creek Watershed District - DRAFT TMDL Implementation Plan 10/312011 Country Chll BMPs nyw mwxvw me xw ' m o ren�raehrs, a nerve pamng seas am numerous osier stomtwate management features. LBC-36 LB C-10 , G10 City of StilMater 2.6 5,130 L 16.8 NA NA X Completed pleted X X BCWD BCWD BCWD Stillwater Country Club Countryside Repair is an aulomohlle repair shop located upstream of McKusick Road Sand Management the recommended rates are being observed. Recammendetl sanding rates vary SS, Height,[, Oak Park LBC-2,LBC TBD TBD -- - TBD TBD Road. The site contains approximately 2 aces o1 gravel parking surface that Ongoing X X Washington County NA NA BCWD fmm 400 - 750 bsl2 law mile (LTAP el al. 2005) for particular road conditions. -3b LBGSe, BG36 Height, Lake Elmo Countryside Repair Stgrmwater BMP comntutes loads to the creek. Buffers, ralgadna e and wetlands could be utikzed on this site to minimize the impact d runoff iron this site. A strategically CBG15 City of Stillwater 2.3 4,600 M 4.5 $1,700 $16,700 $5,010 2012 -2013 X X BCWD, MNDNR BCWD, MNDNR BCWD, MNDNR Private landowners, Washington County, priano BMP near M cee ,ed Ik could heal adddional wmff from McKusick Road Improved Street Sweeping P 9 Street a salide ipac ghadd be kraease1 to 10 sweepings per year b TBD TBD -- - TBD TBD TBD On X 1M00T NA City of Stillwater prevedsdids from reaching the strem well. 140 -acm development site straddles the watershed boundary dividing the -goatg NA BCWD Application of mad sand within the wateshed should be reviewed to verify that CBC-13, LBG5a, LBC- Stillwater TWP. City CMSCWD and the BCWD. Proposed project entails development of both singe -- — Road Sand Management the recommended rotes are being observed. Recommended sanding rates vary 3, LBC -6 of Grant TBD TBD - - TBD TBD Millbrook Development family and multi - family residential housing lutakng 270 units. Pmject drected 11.8 acres d drairge fmm CMSCWD to the BCWD. The stoxmwater CBC-14 City of Stillwater MNDOT NA NA BCWD NA NA - Completetl X X Permit App fixers Permit Applicant t Permit Applicant NA managenrent plan exceeds the District's 2000 Rules and Regulafions by CBC-16, LBC -Th, providing volumne control up to the 10 -year 24 -hour rainfall event. Pond management pans should be developed for Oak Glen Got Course and LBC -5a, LBC -5b, Pond Management: Goff Course SWlwater Country Oub to ensure that imgadon operations are not inadvenently Residence ( BCWD Wmdisch Residence BCWD Homeowner BMP Pro Installed a a n that captures ate bo r eve 24 -hour rainfall nt from 2,400 LBC-3 City of Stillwater 71? TBD Ongoing NA NA BCWD NA Completed X a nd LBC -5e, 11117-3a, act/ft of impervioun ous so surfaces and two reb barrn els. ... .. - LBC -3b, LBC -10, X F g�Cm Haneowner BCWD NA Wilson Residence BCWD Homeowner BMP P Residence ( BCWD Installed a rairga den that capures the Nneff from the (rouse generated fix the 1 - CBC-16 City of Stillwater ?r ? ?? ? ?? NA NA - Completed X X BCWD and Homeowner BCWD NA inch 24-hour rainfall event and a 2,765 spin planting Develop management plan to Promote water comewation. preserve or knprove Homeowner Gander Residence (BCWD Homeowner BMP Program) Conducletla prairie restaation Protect tasting 0.69 a ces in sin CBC -14, CBG15 City of Stillwater ??? ? ?? - ? ?? NA NA - Completed X X BCWD and llomeowrrer Homeowner BCWD _ NA Improved Street Sweeping Street —Ong frequency should be a— to 10 states" year to ALL ALL TBD TBD - - TBD TBD TBD On-going X X i LBC5c, LBG5d, City of Sfilhvater TBD C8 llw, ter BCW TBD Pent so lids from reaching the stream rev _- Ongoing X BCWD NA NA Golf Courses Other practices that have the potential to produce starmwthe pollutants to LBC -5e, LBC -3a, — j �_ Stillwater Stillwater TWP er TWIP Application a mad send - thin the watershed should be reviewed to verify [hat contribute to increased stamwater runoff include: equipment and parts washing: LBC -3b, LBC -10, Road Sand Management g the meadmanded rats are loaf rig observed. Recommendetl sending rates vary ALL All TBD TED - - TBD TBD TBD Ongong X X City of Stillwater, City of Stillwater NA B CWD from 400- 7506s1 la mile(LTAP at a1.2005) for particular road candoons. pesticides on lawns, gardens, shmbs and trees. Improperly storing and applying I Stillwater TWP Stillwater TWP Municipalities regulated under the National Pollutant Discharge EJimiradon these products may result in fertilizer or pesticides moving through the sot into City of Stillwater, City SysteruState Disposal System (NPCESISDS) Municipal Separate Storm Sewer Stommwater Management- Homeowners the groundwater, or washing off into surface waters . It is important for ALL ALL TBD TBD -- -- TBD TBD TBD O"Oing X of oak Park Heights, NA NA homewarters to know how m maiaain their yard while still sari y protecting surface System (MS4) Permit Program are requied to annually framed all structural City of Lake Elmo, water and groundwater. Pmper appfnalbn of ferlilzers and peettrides, sale .potation control devices and 20 percent of all stoenwater pods they operate. BCWD stcage Practices, aid coned watemg are all pad of the overall prolenion plan. Pond Maintenance Pond design should incorporate meinunarce requirements. allowing easy ALL ALL No net increase No net inceease -- -- TBD TBD TBD Ongokrg City of Stillwater, City of Stillwater, NA BCWD "These casts include both estimated Engineering and Construction costs. access for the mmoval of sediment that accumulates in the Wain. Regular Stillwater TWP Stillwater TWP inspecdors will determine wren it is necessary to dredge the pond and remove excess sediment accumulation, but gone* pods should be evaluated to 1 delennlne the need for dredging every the years. Yard Waste The City d Still wear allows residents to place ward waste curbside for collection ALL TSD TBD -- - TBD TBD TBD Ongoblg X X City of Stillwater, City of S[ilhvaler, NA BCWD on uaelr tlay from April t- November 1. StilMaterTWP n? Stillwater TWP Stillwater TWP Streil sweeping hagtwavyehaldbe Yloeasedloi0sweepilgs le Improved Street Sweeping prevent solids from reaching the stream Per➢— CBC-13, CBC -14, CSC- Ciry of StJWater. TBD TBD - - TBD TBD TBD Ongoing X X Washington County NA NA BCWD Application of road sand within tin watershed should be reviewed to verify that 15, CBC -16, LBC-1, Still ter TWP, City Road Sand Management the recommended rates are being observed. Recammendetl sanding rates vary SS, Height,[, Oak Park LBC-2,LBC TBD TBD -- - TBD TBD TBD Ongoing X X Washington County NA NA BCWD fmm 400 - 750 bsl2 law mile (LTAP el al. 2005) for particular road conditions. -3b LBGSe, BG36 Height, Lake Elmo Improved Street Sweeping P 9 Street a salide ipac ghadd be kraease1 to 10 sweepings per year b TBD TBD -- - TBD TBD TBD On X 1M00T NA prevedsdids from reaching the strem -goatg NA BCWD Application of mad sand within the wateshed should be reviewed to verify that CBC-13, LBG5a, LBC- Stillwater TWP. City -- — Road Sand Management the recommended rotes are being observed. Recommended sanding rates vary 3, LBC -6 of Grant TBD TBD - - TBD TBD TBD On-going X MNDOT NA NA BCWD from 400 - 750Ibs/2 lave mile (LTAP at al. 2005) for paNCWar mad conditions CBC-16, LBC -Th, Pond management pans should be developed for Oak Glen Got Course and LBC -5a, LBC -5b, Pond Management: Goff Course SWlwater Country Oub to ensure that imgadon operations are not inadvenently LBCSc LBC -5d City of SbIWater TBD TBD -- -- TBD TBD TBD Ongoing X BCWD NA NA Goff Courses leading to an increase in sediment bad or thermal load to the creak. LBC -5e, 11117-3a, LBC -3b, LBC -10, LBCSa, LBC -3e Develop management plan to Promote water comewation. preserve or knprove water quality and proten water resouces. Envirownenlal COrK.em of golf CBGi6, LBC -7b, es s the degradation of water quslty as a result of the use of high rates of LBC -5a, LBC -5b, Skedremer Management -Goff Course fertilizers , Pesticides and fungicides on managed turf that makes up the courses. LBC5c, LBG5d, City of Sfilhvater TBD TBD -- - TBD TBD TBD Ongoing X BCWD NA NA Golf Courses Other practices that have the potential to produce starmwthe pollutants to LBC -5e, LBC -3a, contribute to increased stamwater runoff include: equipment and parts washing: LBC -3b, LBC -10, fuel storage: irrigation He gulf course gourds. LBCba, LBC -3e Develop management plan to assist homenmers with Proper use of feNazer a pesticides on lawns, gardens, shmbs and trees. Improperly storing and applying these products may result in fertilizer or pesticides moving through the sot into City of Stillwater, City Stommwater Management- Homeowners the groundwater, or washing off into surface waters . It is important for ALL ALL TBD TBD -- -- TBD TBD TBD O"Oing X of oak Park Heights, NA NA homewarters to know how m maiaain their yard while still sari y protecting surface City of Lake Elmo, water and groundwater. Pmper appfnalbn of ferlilzers and peettrides, sale BCWD stcage Practices, aid coned watemg are all pad of the overall prolenion plan. Operated and Maintenance costs estimated to be approximately 30 percent of estimated constructed costs. "These casts include both estimated Engineering and Construction costs. Brown's Creek Watershed District - DRAFT TMDL Implementation Plan 10/31/2011 Table x. TSS Accountina - proposed auidance for the IP Subwatershed % TSS reduction needed Existing load (Ibs /yr) Goal load (lbslyr) Total reduction needed Ibsl r Stillwater Township (LA *) City of Stillwater (WLA") City of Grant (WLA") Lake Elmo, OPH WLA May TWP LA Reduction needed Ibs / r Reductions provided by IP Ibs / r Reduction needed Ibs / r Reductions provided by IP Ibsl r Reduction needed (Ibs /yr) Reductions provided by IP Ibsl r Reduction needed Ibsl r Reductions provided by IP Ibsl r Reduction needed Ibsl r Reductions provided by IP Ibs/ r Subwatersheds upstream of Hwy 15 0% 36,258 36,258 - NA NA NA NA 0 NA NA 0 CBC -13 55% 189,515 84,883 104,633 - 104,633 NA NA 0 NA NA CBC -14 81% 190,652 35,477 155,175 64,829 52,139 38,208 NA 0 NA NA CBC -15 80% 155,412 31,630 123,783 30,503 93,280 NA NA 0 NA NA CBC -16 83% 342,843 59,639 283,204 283,204 780 - NA NA 0 NA NA LBC -1 0% - - - - - NA NA 0 NA NA LBC -10 0% - - - - - NA NA 0 NA NA LBC -2 0% - - - - - NA NA 0 NA NA LBC -3 66% 67,531 22,855 44,676 1,966 42,710 NA NA 0 NA NA LBC -3a 0% 305 305 - - - NA NA 0 NA NA LBC -3b 0% 13,039 13,039 - - - NA NA 0 NA NA LBC -3c 0% 3 3 - - - NA NA 0 NA NA LBC -3d 1 % 1,197 1,182 15 15 - NA NA 0 NA NA LBC -3e 49% 4,570 2,313 2,257 2,250 6 NA NA 0 NA NA LBC -4 0% - - - - - NA NA 0 NA NA LBC -5a 80% 326,380 64,090 262,291 62,769 199,522 NA NA 0 NA NA LBC -5b 0% - - - - - NA NA 0 NA NA LBC -5c 0% 168 168 - - - NA NA 0 NA NA LBC -5d 0% 110 110 - - - NA NA 0 NA NA LBC -5e 83% 25,285 4,274 21,011 21,011 - NA NA 0 NA NA LBC -6 73% 73,490 19,687 53,803 39,167 14,636 NA NA 0 NA NA LBC -6a 55% 5,786 2,590 3,196 3,196 - NA NA 0 NA NA LBC -7a 0% - - - - - NA NA 0 NA NA LBC -7b 88% 40,749 4,827 35,922 33,677 975 2,245 NA NA 0 NA NA LBC -8 0% - - - - - NA NA 0 NA NA LBC -9 0% - - - - - NA NA 0 NA NA Totals ** 74% 1,473,292 383,328 1,089,965 542,587 509,170 38,208 NA 0 NA NA *The portion of the City of Stillwater that is in the direct drainage area of Brown's Creek represents the WLA for the TMDL except for an insignificant area that was categorized as unregulated in the I MUL. For simplification, this area is included in the WLA loading goals in this implementation plan. Estimated Expenditures TOTAL BCWD City of Stillwater Stillwater TWP Washington County 2011 -2012 $ 590,000 $ 590,000 $ - $ - $ 2012-2013 $ 485,410 $ 485,410 $ - $ - $ 2014-2015 $ 746,765 $ 311,000 $ 329,365 $ - $ 106,400 2016-2018 $ 389,813 $ 204,400 $ 147,613 $ 33,340 $ 4,460 1 2019-2021 $ 735,505 $ 693,375 $ - $ - $ 42,130 TOTALS $ 2,947,493 $ 2,284,185 $ 476,978 $ 33,340 $ 152,990 C m b d m E E m Z a v Legend E01 Parcel Proposed Public Property' O Ponds on Oakhill Ave. N w a t e r Non - contributing Area Mckusick Road Improvement Existing Pond Retrofit ecology Stillwater Country Club BMPs Bluff Stabilization community 4 2010 Street Improvement Raingarden © BMP Cost Share Project © Ravine Stabilization Milbrook Development public parcels were hand selected from an older parcel database - for planning purposes only. Catch Basin Retrofit Countryside Repair ® Stormwater BMP - Mckusick Wetland Outlet Modfication m Oak Glen Buffer ® Neal Ave Stormwater Area Stone Arch Bridge Stream Bank Stabilization Brown's Creek Watersehd District Washington County, MN Figure 4. Map of Proposed TSS Implementation Strategies Feet e 0 800 1,600 E01 Prioritization Improvement Vd b t C; t Adequate M = Morphology* Legend High V = Vegetation Composition ** e c o l o g y Drainage Area to Brown's Creek Medium W = Buffer Width * ** `Based community on and geoorphic m Brown's C assessment nt of of Brown's Creek L OW "Based on MLCCS, soils, hydrology, presettlementvegetation, aerial photography data and visual observations Based on MLCCS data, aerial photography and visual observation Sheet Layout 7. Brown's Creek Watershed District Washington County, MN Instream Temperature Cooling Recommendations e Feet 0 400 800 MA 4 F o g. f r� .i f Ile is a i 1 � EpZ Prioritization Improvement w a t e r Adequate M= Morphology* Legend ® High V = Vegetation Composition ** e c o l o g y W= Buffer Width * ** Drainage Area to Brown's Creek Medium 'Based on 2007 and 2008 geomorphic community assessment of Brown's Creek L "Based on MLCCS, soils, hydrology, preset lement vegetation, aerial photography data and visual observations Based on MLCCS data, aerial photography and visual observation Brown's Creek Watershed District Washington County, MN Instream Temperature Cooling Recommendations e Feet 0 400 800 Wa�hin� Board of Commissioners BOARD AGENDA Dennis C. Hogberg, District 1 Bill Pulkrabek, District 2 Gary Kriesel, Chair, District 3 Autumn Lehrke, District 4 Lisa Welk, District 5 NOVEMBER 1, 2011- 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfuncdon 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 Chairreserves 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 General Administration — Jim Schug, County Administrator 5. 9:15 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:40 Adjourn 8. 9:45 to 10:30 — 2012 Proposed Budget Workshop A. Watershed Management Organizations' 2012 Budgets, Priority Projects and Activities B. Conservation District's 2012 Budget and Program Services 9. 10:30 to 11:15 — Board Workshop with Community Services Discuss Day Training and Habilitation Services 10. 11:15 to 11:40 — Board Workshop with Office of Administration Discuss 2012 Proposed Washington County Legislative Agenda REMINDER NO BOARD MEETING ON NOVEMBER 29' — 5' TUESDAY MEETING NOTICES" ("Meeting dates, time and locations may change. Contact the Office of Administration or individual agencies for the most current information) Date Committee Time Location November 2 Plat Commission 9:30 a.m. Washington County Government Center November 2 Metro Emergency Services Board - Executive 10:30 a.m. 2099 University Avenue — St. Paul November 3 MN High Speed Rail 10:00 a.m. 454 West 6" St. — Red Wing November 3 Metro Energy Policy Coalition 12:00 p.m. 100 Empire Drive — St. Paul - asp r a wo *w uw in t cotaytwa tmo n tUUAL tMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR NOVEMBER 1, 2011 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of October 18, 2011 Board meeting minutes. B. Approval to appoint John Burbank, Cottage Grove, to the Community Development Block Grant Citizens Advisory Committee to fill an unexpired term to December 31, 2013. C. Approval of county comments on the City of Lakeland's proposal to establish a new redevelopment Tax Increment Financing District No. 1 -2 to assist in the acquisition and renovation of an existing commercial building for a corporate headquarters and to waive the 30 day notice of public hearing that is scheduled for Friday, November 4, 2011. Community Services D. Approval of the 2012 Cooperative Agreement with Community Services, the Sheriff, and the County Attorney to administer the Child Support Enforcement Program. E. Approval of a contract with Oak Park Heights Senior Living in Oak Park Heights to provide services to individuals receiving Medical Assistance Home and Community Based Services. Information Technology F. Approval to renew contract to purchase software licensing, maintenance and support from Infor Global Technologies for Infinium Manager, Human Resources/Payroll, Query and Infinium Self Service software through December 31, 2012. Public Health and Environment G. Approval of resolution to submit a grant application to the National Association of County and City Health Officials (NACCHO) for an "Accreditation Support Initiative." Public Works H. Approval of maintenance agreement with the Rice Creek Watershed District for storm water Best Management Practices for the Hardwood Creek Regional Trail Pedestrian Overpass of County Road 83 (11' Avenue Southwest) Project in the City of Forest Lake. Sheriff I. Approval and authorization to enter into an agreement with the Minnesota Department of Corrections to license space to mount antennas and equipment on the Government Center and Law Enforcement Center buildings for their 800 MHz network. J. Approval of a Mutual Aid Joint Powers Agreement between the City of Hudson, Wisconsin Police Department and the Washington County Sheriff s Office. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. AsslWw Bstwm devkes we evaffaW for use in are CwffO Board Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County, Minnesota � '# Board of Commissioners Actions Actions at the Tuesday, October 25, 2011 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651 -430 -6001. Washington County's mission is to provide quality public services in a cost - effective manner through innovation, leadership, and the cooperation of dedicatedpeople. Washington County receives Distinguished Budget Presentation award Washington County has received the Distinguished Budget Presentation Award for 2011 from the Government Finance Officers Association (GFOA) and the plaque was presented to the Board of Commissioners Oct. 25. Last March, the Office of Administration submitted the Washington County 2011 budget document to the Government Finance Officers Association for consideration in the Distinguished Budget Presentation Award program. In late August, the county was notified that it had received this award. It is the 14th consecutive year that the county has participated in the award program and has received the award. GFOA is a nonprofit professional association representing 17,000 government finance professionals throughout North America. It is the only national awards program in government budgeting. The award reflects the commitment of elected officials and staff to meeting the highest principles of governmental budgeting. To receive the award, a governmental unit must meet nationally recognized guidelines for effective budget presentation. The guidelines are designed to assess how well a government's budget serves as a policy document setting out long - and short-term goals, objectives and priorities; as an operation guide that describes functions and structure, as well as performance measures; as a financial plan with fund structures and a financial overview; and as a communication device to explain budget issues and the planning process. The budget document must be rated "proficient" in those four categories, and meet each of 14 mandatory criteria. GFOA's last annual report shows that 28 governments in Minnesota received this award, and Washington County was one of seven counties. Three percent of governments in the United States and Canada qualify for the award. The Washington County received the Distinguished Budget Presentation Award for 2011 from the Government Finance Officers Association (GFOA), and the County Board was presented with the plaque noting the award Oct. 25. At the presentation was Commissioner Dennis Hegberg, District 1, Jim Schug, county administrator, Melinda Kirk, budget /financial analyst, Molly O'Rourke, deputy administrator, Commissioner Gary Kriesel, District 3, Commissioner Lisa Weik, District 5, Commissioner Autumn Lehrke, District 4, Commissioner Bill Pulkrabek, District 2, and Stephanie Kammerud, administrative assistant. Page 1 of 2 County receives grant from Target for programs for juveniles The Washington County Board of Commissioners accepted a $1,000 grant from Target Corporation Oct. 25, to pay for programs for juveniles in the county. Todd Bruehl, chair of the county's Community Corrections Advisory Board, is a store manager for Target Corporation. Over the past seven years, with the support of Bruehl, the Target Corporation has donated money to assist the county with domestic abuse education in the community, chemical health services to adolescents, and arts and science enrichment in the juvenile programs. This year, Target Corporation has donated $1,000 to continue the arts and science enrichment for juveniles. Planning for realignment of Keats, Military, 70th Street begins Planning is beginning for the realignment of the roadway that includes the intersections of County State Aid Highway (CSAH) 19 (Keats Avenue South), CSAH 20 (Military Road) and CSAH 22 (70th Street South) in Cottage Grove. The Washington County Board of Commissioners agreed Oct. 25 to work with the South Washington County Watershed District to prepare plans for drainage in the area. The roadways are closely spaced and operate under all -way stop conditions. County and city comprehensive plans show the need for roadway realignment in this area to better serve future expected traffic patterns, growth and land use. The South Washington Watershed District (SWWD) is preparing plans for installing a regional underground drainage facility in the project area and roadway designs. The SWWD has hired an engineering consultant to provide the plans, and will collaborate with Washington County to combine the projects for construction cost savings and efficiencies. The cooperative agreement provides for the reimbursement of SWWD for the county's share of design services not to exceed $363,169. The project is scheduled to begin construction in 2013. Bids accepted for Lake Elmo Park Reserve winter recreation facility Bids for a winter recreation facility in the Lake Elmo Park Reserve were reviewed and accepted by the Washington County Board of Commissioners Oct. 25. The county will use money from the Parks and Trails fund of the Clean Water Land and Legacy Amendment grants to build a ski trailhead building near the primitive campground parking lot to open in fall 2012. The building will provide basic amenities to skiers such as restroom and changing rooms, a warming area, and vending machines next to lighted ski trails available to park visitors this winter. The bids the board received were for general construction from Jorgenson Construction, Inc., for $599,000; for plumbing, heating and air conditioning from Parkos Construction Company, Inc., for $83,700; and for the electrical work from Sterling Electric Corporation for $71,150. No bids were received to do the septic work at the site, and bids for that work will be requested at a later date. The recommended bid awards are within the project budget. The project is 100 percent funded by a combination of state bonds and voter approved Clean Water, Land and Legacy Amendment grants from the Parks and Trails fund. Page 2 of 2 Summary of Proceedings u Washington County Board of Commissioners October 18, 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 presented a plaque from the Housing and Redevelopment Authority recognizing the Board for the TrailSide Senior Living complex in Forest Lake; - Commissioner Lehrke — reported on the following events she attended: the St. Croix Valley Trail tour; the Washington County Yellow Ribbon event; the Cottage Grove fire department's open house for fire prevention week; met with South Washington Watershed District to review its 2012 budget; and she will be attending the Cottage Grove Beyond the Yellow Ribbon meeting, the Met. Area Agency on Aging meeting, a National Association of Counties webinar, the Association of Minnesota Counties meeting, and the 4 -H awards; - Commissioner Pulkrabek — reported he will be meeting with Senator Ted Lillie later on today; - Commissioner Hegberg — reported on the Minnesota Inter- County Association meeting; he toured the City of Hugo; he attended the Ramsey/Washington Community Action program meeting; and the Transportation Advisory Board Programming Committee; he will be attending the Housing and Redevelopment Authority Board meeting today, the Transportation Advisory Board meeting on the 19` and the Ramsey/Washington Community Action Program meeting on the 20 and he noted that the Counties Transit Improvement board meeting has been moved to October 26 at 1:00 p.m.; - Commissioner Kriesel — reported he also attended the Yellow Ribbon Network of Washington County meeting, he attended an economic symposium led by the Stillwater Chamber of Commerce, and he toured the Cottage Grove area parks. Community Corrections Adoption of Resolution No. 2011 -122, joint powers agreement with the State of Minnesota for access to criminal justice data. Community Services Approval of the following actions: - Appoint Mary Schmidt to the Workforce Investment Board representing Job Services to a first term expiring June 30, 2013; - Agreement with East Suburban Resources, Inc., provision of supported work services for Minnesota Family Investment Program customers; - 2011 -2013 grant agreement with the Minnesota Department of Human Services' Office of Economic Opportunity for funding for various homeless and transitional housing programs; - Presentation on the Heading Home Washington, a community driven plan aimed at ending homelessness in Washington County. General Administration Approval of the following actions: October 4 and 11, 2011 Board meeting minutes; Reappoint Edward Marchan, West Lakeland Township, and David Bucheck, Lake Elmo, to the Valley Branch Watershed District Board of Managers to three year terms expiring November 13, 2014; - Board correspondence was received and placed on file. Human Resources Approval of the following actions: - Revise Personnel Rules and Regulations Section 15 — Holidays, Vacation, Sick leave and Compensatory time; - Revise Human Resource Policy #5011 Drug -Free Workplace and Policy #5015 Drug and Alcohol Testing Procedures. Information Technolozy Approval to purchase Wi -Fi networking equipment through the State of Minnesota joint purchasing agreement and authorize contract with CenturyLink on behalf of the county to purchase said equipment as quoted conditioned on approval by the County Attorney's office of the contract as to form. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2011 -124, repurchase of tax forfeited land by Dick Monty, Oak Park Heights; - Resolution No. 2011 -125, approving the appraised value, authorizing the private sale to adjacent landowners, and fixing the terms of the sale for tax forfeited land in the City of Forest Lake; - Resolution No. 2011 -126, classification of 77 parcels of tax forfeited land as non - conservation land. Public Works Approval of the following actions: - Grant application to the Minnesota Historical Society Legacy Grant Program for funding to repair and restore the Historic Courthouse north portico and railings; - Resolution No. 2011 -123, acquire the Anderson/Ott property for inclusion into the Cottage Grove Ravine Regional Park; - Contract with Bolton & Menk, Inc. for preliminary and final design services for County Road 62, County Road 63, CSAH 24 and the Government Center parking lots in Stillwater and Oak Park Heights; - Wayne Sandberg, County Engineer, named the American Public Works Association 2011 Professional Manager of the Year; - The creation of the Roundabout U Project awarded for exceptional performance in journalism from the American Public Works Association. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 Street N., Stillwater, Minnesota. Washington County, Minnesota F Y I Board of Commissioners - Actions Actions at the Tuesday, October 18, 2011 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651 -430 -6001. Washington County's mission is to provide quality public services in a cost - effective manner through innovation, leadership, and the cooperation of dedicated people. Schmidt named to Workforce Investment Board The Washington County Board of Commissioners named Mary Schmidt to the WorkForce Investment Board at its meeting Oct. 18. Schmidt will represent Job Services on the board. Her term will expire June 30, 2013. The purpose of the board, established by state statute, is to determine the most effective designation of administrative entities, grant recipients and program operators for the Workforce Service Area, and provide on -site review and oversight of performance of the WorkForce Investment Board programs. Marchan, Bucheck named to Valley Branch Watershed District Board of Managers Edward Marchan, West Lakeland Township, and David Bucheck, Lake Elmo, were named to the Valley Branch Watershed District Board of Managers by the Washington County Board of Commissioners Oct. 18. The members will serve three -year terms expiring Nov. 13, 2014. Watershed district governance, required by state statute, helps to control or alleviate damage by flood waters; improve stream channels for drainage or navigation; reclaim or fill wet or overflow lands; oversee water supply for irrigation; regulate the flow of streams; divert or change water courses; provide and conserve water supply; and provide for the protection of groundwater and regulation of groundwater use. County will have continued access to state criminal justice data The Washington County Board of Commissioners agreed to a joint powers agreement Oct. 18 that will provide county staff access to criminal justice information available from two state agencies. The county will enter into a Joint Powers Agreement with the State of Minnesota through the Department of Public Safety, Bureau of Criminal Apprehension (BCA) for access to the criminal justice data communications network (CJDN.) The agreement provides Community Corrections staff access to criminal justice data required to effectively perform their jobs. The contract states that the BCA must provide criminal justice data to Washington County Community Corrections. In addition to Minnesota specific information, the BCA will also provide the county with access to the Federal Bureau of Investigation (FBI) National Crime Information Center, and allow Washington County Community Corrections staff to access court data, including confidential information. Each user will be expected to abide by the policies of both the BCA and the FBI while searching in the database, and the county will cooperate with any investigations. The Joint Powers Agreement will be in effect for five years. Page 1 of 4 County will work with ESR to help residents secure employment East Suburban Resources (ESR) will provide supported work services for customers in Washington County who are part of the Minnesota Family Investment Program (MFIP) after the County Board approved an agreement with the agency Oct. 18. The county is required by state law to provide help to MFIP customers to secure employment. The agreement will run through June 30, 2014. The state allocates Washington County Supported Work funds each fiscal year to help customers of MFIP secure employment. Due to the delayed state budget for the current year, the Minnesota Department of Human Services (DHS) only recently notified Washington County of its allocation for the year for $132,600. Of this, $122,000 will go to ESR. The remaining funds of $10,600 will remain with the WorkForce Center for another MFIP project. As part of Washington County's plan to meet federal and state requirements, the county contracts with ESR to provide supportive services, including job skills training, job development, placement services, and/or subsidized wages. ESR has exceeded all contractual requirements during the previous fiscal year, July 1, 2010, through June 30, 2011. ESR was required to place MFIP WorkForce Center customers into employment placements by either subsidizing the employer through wage reimbursement or by placing customers directly into employment throughout Washington County and the greater Minneapolis /St. Paul metro area. The agency had 123 unsubsidized employment placements, when the annual contract called for 38 placements. It had 21 subsidized employment placements, when its contract requirement was 12 placements. This is a three -year agreement, with the exact allocation known for the coming year only. County will have vouchers to help homeless in temporary need The Washington County Community Services Department will have funds to help pay for vouchers for homeless persons needing temporary shelter in motels or host homes, after the Washington County Board of Commissioners approved a grant agreement Oct. 18 with the Minnesota Department of Human Services (DHS). This spring, the Community Services Department responded to the DHS Office of Economic Opportunity's (OEO) request for proposals for the 2012 2013 biennium to provide funding for various homeless and transitional housing programs. The Community Services Department submitted a proposal to the OEO requesting support for existing homeless assistance services. The office recently notified the department that it will partially fund the request for $15,000 for each of the fiscal years in the biennium. This funding will pay for motel vouchers for homeless persons needing temporary emergency shelter, for host homes, and for homeless case management. This grant will fund approximately 20 percent of the total costs of motel vouchers. The department sought this funding to diversify funding streams. Funds used historically for these items have been cut, such as the Adult Mental Health Grant and the Community Development Block Grant. This grant will allow the department to mitigate the impacts of these cuts and preserve services. Request will ask for grant to help restore Historic Courthouse Washington County will apply for a grant from the Minnesota Historical Society Legacy Grant Program for $40,000 to repair and restore the Historic Courthouse north portico and railings. The Washington County Board of Commissioners approved the grant application at its meeting Oct. 18. During the first special session of the Minnesota Legislature in 2011, $10.5 million from the Arts and Cultural Heritage Fund — part of the Clean Water, Land and Legacy Amendment — was appropriated to the Minnesota Historical Society for its Statewide Historical and Cultural Grants program. This program funds "projects of enduring value for the cause of history and historic preservation." Projects proposed at the Historic Courthouse include repair and restoration of the north portico and decorative railings that are currently damaged or deteriorating. A $10,000 local match is included in the grant application, and is also Page 2 of 4 included in the proposed 2012 Historic Courthouse Restoration budget. If funding is received, the restoration projects would be completed in 2012. Board sees plan for ending homelessness in Washington County The Washington County Board of Commissioners reviewed a community-driven plan designed to end homelessness in Washington County at its meeting Oct. 18. The presentation was made by Kellie Cardinal of St. Andrew's Lutheran Church, the current chair of the Washington County Housing Collaboration, and David Browne of CommonBond Communities and chair of the Heading Home Washington (HHW) Steering Committee. The message to the board was that there are several steps in ending homelessness. They include prevention, which addresses crises to prevent homelessness; rapid rehousing, which connect the homeless to resources and services; and housing, which is designed to assist the homeless with obtaining and maintaining stable housing. hi Minnesota, 85 of 87 counties are currently covered by a local Heading Home Plan, and in 2010, there was the release of the state of Minnesota and federal plans to end homelessness. According to the group's report, "To be sure, homelessness looks different in Washington County than in downtown Minneapolis. Instead of waiting in line to get into a shelter, families are sleeping in their cars, staying in a motel with the support of the county or a local church, camping, doubling up in a friend or relative's place, or leaving their community to go to Minneapolis or St. Paul where they can find the shelter and services that are lacking in the county. The fact remains that Washington County has seen a steady increase over the past." The report uses personal stories, from a young mother who struggles to find a home close to her workplace, a middle - aged mother whose mental illness stopped her from working, and a family of six caught up in the joblessness and debt of the recent recession that forced them out of their middle -class suburban home. A plan is needed to coordinate county-wide efforts, meet future funding requirements, increase responsiveness while reducing and eliminating duplication in services, and act as a policy guide. The group has conducted a community survey and a community retreat, analyzed six studies to provide information on trends, and then wrote the Heading Home Washington Plan. The plan documents the nature and extent of homelessness, and recommends goals and strategies to reduce the impact of homelessness. It also reviews the information compiled, which shows chronic health issues increases the risk for homelessness, and that there is a lack of affordable housing and an inability to serve households at 30 percent of the Area Median Income. There is also an increase in the incidence of homeless youth. The group's goals are to increase awareness and involvement, prevent households from experiencing homelessness, increase housing opportunities for homeless and low- income households, and provide coordinated outreach. The plan the group wrote calls for development and preservation of affordable housing, programs and services that support people who are homeless or at -risk of homelessness, and community awareness and engagement. The five -year budget for the project is $20,147,400. The plan will be evaluated on its ability to have an impact on people and bring about systems change. The entire plan may be read at www.isd622.org/hhw. County will purchase land for Cottage Grove Ravine Regional Park The Washington County Board of Commissioners agreed Oct. 18 to purchase 4.86 acres of land known as the Anderson/Ott property. Page 3 of 4 The land is adjacent to the Cottage Grove Regional Park and is within the planned boundary of the park. It will cost $164,000. The property is just north of the Highway 61 frontage road in the northeast quadrant of the highway and Keats Avenue (County State Aid Highway 19). Full reimbursement of the cost of the land is anticipated in the future. The City of Cottage Grove could use this acreage to complete its replacement obligation for its current development. The city removed land from the Cottage Grove Ravine Regional Park to build its new city hall and public safety building. It must replace the land that it removed from the park, and has a deadline of Dec. 31, 2015, to do so. If the city secures other property to complete its replacement obligation for the current city development, Washington County will request reimbursement from the Metropolitan Council. County begins plans to upgrade roads, sidewalks, lots around Government Center Plans for upgrading the roadways, parking lots and sidewalks around the Washington County Government Center in Stillwater were reviewed by the Washington County Board of Commissioners Oct. 18. The board also approved a contract with the firm of Bolton & Menk, Inc., to do preliminary and final design services for the project. The project will include work on County Road 62 (62nd Street North), County Road 63 ( Oxboro Avenue North), County State Aid Highway (CSAH) 24 (Osgood Avenue North), and the Government Center Parking Lots Improvement Project in Stillwater and Oak Park Heights. The cost for preliminary and final design is not to exceed $373,469. Deteriorating pavement conditions, lack of pedestrian connectivity and deficient intersection traffic control and drainage facilities on 62nd Street North, Oxboro Avenue North, Osgood Avenue North and the Government Center surface parking lots will be addressed by this project. Improved Government Center campus -wide signs are also part of the project, as are plans to address missing links in the pedestrian network, which will provide for compliance with the Americans with Disabilities Act. Currently, construction is scheduled to take place in 2013 and last one season. The contract cost is approximately 15 percent of the estimated project construction cost. This cost is consistent with previous preliminary and final design services. The overall project is expected to cost about $2.5 million. The public will be asked to weigh in on the plans, and the county will do outreach with open houses, mailers and communications through the county's website and social media outlets. County will return two properties to private landowners after tax forfeiture The Washington County Board of Commissioners approved the repurchase of one property and the auction of another Oct. 18 to return both properties to private owners after being in tax forfeiture. The first property, a home in Oak Park Heights, will be returned to the heir of a person who lost the property for delinquent taxes. The heir has paid the delinquent taxes, penalties, interest, fees and management costs incurred during forfeiture of $21,089.70 to repurchase the property. Land in Forest Lake will be sold after the County Board approved the adjacent owner sale. It is a 13.5 -acre piece of vacant land. It has been withheld from public sale because it has more than 150 feet of land that borders a public body. The county requested special legislation to allow the land to be sold, and received authorization from the Legislature to sell the property to one of the adjacent landowners. Most of the land is designated as wetland. The sale will be conducted Dec. 2, and the minim sale price that the county will accept is $12,500. Page 4 of 4