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2012-05-01 CC Packet
(N'filfwater 701 EIETEPLACE Cf ■IEEEEitE REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 1, 2012 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 4:30 P.M. 7:00 P.M. 1. Workshop with Stillwater Township Board a. Discussion of Fairy Falls Hill detachment/annexation policy. b. Discussion regarding property recently detached from Lake Elmo and annexed to Stillwater Township. c. Discussion on status and future of the Orderly Annexation Agreement. STAFF REPORTS 2. Police Chief 6. Public Wks Dir /City Engr. Downtown Update CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 3. Fire Chief Boat Update & Car Seat Clinic 7. Finance Dir. Budget Calendar 7:00 P.M. AGENDA 4. City Clerk 5 8. City Attorney 9. 10. Possible approval of minutes of April 17, 2012 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Presentation of Retirement Plaque — Robert Zoller 12. Presentation and discussion for North Hill Community Garden OPEN FORUM Community Dev. Director City Administrator 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 2012 -068, directing payment of bills 14. Resolution 2012 -069, resolution commending various board & commission members for their service to the community 15. Resolution 2012 -070, a resolution authorizing alternate payment method for fees associated with the Middleton subdivision 16. Possible approval of application for sale of fireworks — Dollar Tree, 2070 Market Drive 17. Possible approval of temporary liquor license — St. Michael's Church, May 20, 2012 18. Possible approval of Change Order #3 Main Street Pedestrian Walkway Public Restroom PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. This is the date and time for a public hearing to consider the appeal of a decision made by city staff related to the definition of "fence height" located at 626 5th Street North. Notices were mailed to affected property' owners and published in the Stillwater Gazette on April 20, 2012. (Will be opened and continued to May 15, 2012 meeting) UNFINISHED BUSINESS 20. Possible approval of second reading of Ordinance 1046, an ordinance to create and enact Section 52 -17 of the Stillwater City Code relating to drug paraphernalia (2nd Reading — Roll Call) 21. Beekeeping Standards and Regulations NEW BUSINESS 22. Possible approval of Rivertown Art Festival Event & Contract — May 18 -2012 — Chamber (Resolution — Roll Call) 23. Possible approval of Stillwater Omnium and Contract (event approved April 3, 2012) (Resolution — Roll' Call) 24. Consider accepting a donation from the Stillwater Noon Rotary Club towards construction of the pedestrian' walkway's seating area (Resolution — Roll Call) 25. Possible approval to purchase snow plows 26. Possible approval to purchase unmarked squad car 27. Possible appointment to Board of Water Commissioners (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT ** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. RESOLUTION 2012 -068 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 $444,904.44 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 1 st day of May, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -068 Action Rental, Inc. AdvantageHealth Corporation American Planning Association Anderson Thomas Aramark Uniform Services, Inc Ballis Tom Bloom Engineers LLC Borgen Radiator Boyer Ford Trucks Briggs and Morgan, P.A. Carquest Auto Parts Cemstone Cities Digital City of St. Paul City View Electric, Inc. Comcast Computer Services of Florida Consolidated Welding Supply Emergency Automotive Technologies, Inc. Fastenal Company Ferguson Enterprises, Inc. #1657 Festive Outfitters, Inc. Fire Service Management Fury Dodge Chrysler GFOA Gilbert Mechanical Contractors, Inc. Government Acct. Standards Board Grainger Graybar Electirc Company Hagstrom Builders HD Supply Waterworks, Ltd. Henry Technologies/ Chill Con Products Heritage Printers IKON Office Solutions Lee, Bradford Loffler Companies, Inc. Menards Metro Fire Mobile Vision Mondor Moore, Tim NAPA Auto Parts Natural Resource Group LLC Office Depot Propane HRA, Biometric Screenings, processing pa Planning Advisory Service Subscription Refund Parking Ramp Card Deposit Mats, Uniforms, Supplies Reimburse for Expenses Professional Services March 16 -April 15 Equipment Repair Charges Vehicle Repair TIF #4 Professional Service Equipment Repair Supplies Lily Lake Retrofit Scanning Asphalt Repair Relay for Fire Door Cable & Internet Software Agreement Pixel Point Welding Supplies Vehicle Repair Lily Lake Retrofit Lily Lake Retrofit Consulting Fees & Parts Repair Work Order 6317 fire Coat Vehicle Repair Gov Accting, Auditing and Financial Reports Building Repair Charges GASB Subscription Lily Lake Retrofit Lily Lake Retrofit Grading Escrow Refund Lily Lake Retrofit Lily Lake Retrofit Trip Inspection Books Maintenance Agreement Park Fee Refund Equipment Repair Supplies SCBA Flow Test MHZ Radio Fee Skating Supplies for Resale Reimburse Expenses Equipment Repair Supplies Stage 3 Flood Conrol Environmental Assis Office Supplies 84.97 1,584.75 795.00 5.00 1,175.13 252.68 2,791.10 236.37 228.74 1,000.00 166.78 700.03 1,675.71 626.80 515.80 279.37 399.00 133.06 58.14 81.55 4,750.20 9,248.00 102.50 926.50 252.00- 340.92 225.00 305.42 6,367.19 1,500.00 37.67 41,506.50 657.76 55.80 150.00 511.96 600.77 75.66 146.42 289.42 50.86 10.67 812.00 939.53 EXHIBIT "A"TO RESOLUTION #2012-068 Janitorial Supplies Page OnSKe5anhation Unit Rental Teddy Bear Parks 42.00 Otis Elevator Company Maintenance Contract 3,371.53 P|aybui|der,|nc. Park Equipment 545.45 Postmaster Standard Mail Permit 2O6 190.00 Quality Propane, Inc. Magnesium Chloride Dust Control 594.69 R &0 Specialties, Inc. Blade Grind 243.00 R. Hagstmomm Builders Grading Escrow Refund 1,500.00 Riede|| Shoes, Inc. Skates for Resale 97.28 Riley, Peter Refund UB Credit Balance 56.90 Semple Building Movers, Inc. Lily lake Retrofit 2,500.00 ShHtsCimdy Reimburse for Expenses 284.09 Siemens Industry, Inc. Lily lake Retrofit 2,819.65 Software House |nt,Inc. New Computers 7,860.14 Sprint Cell Phone 0.86 St. Croix Boat & Packet Co. March @& April Arena Billing 112,347.97 St. Croix Harley-Davidson Install Police Accessories 1,789.48 St. Croix Tree Service Inc. Tree pruning and removal 6,145.31 Stillwater Medical Group New Employee Medical Screening 324.19 Stillwater Motor Company Vehicle Repair 449.33 Streicher's Police Vests 2,153.00 Sun Newspaper Publication 18.90 Sxvis$phone Usage Fees Inbound 3.99 Teledyne |scoInc. F|ovv|inksoftxvane 164.43 Terra General Contractors LLC Pedestrian Walkway Remtpoonm 2,660.00 United Rentals Northwest Inc. Boom Lift 1,509.32 USAb|eUfe Term Life Insurance 398.16 Valley Trophy Inc. Office supplies 16.03 Verizon Cell Phone 1,467.59 Vermeer Sales and Service Equipment Repair Supplies 428.06 Viking Auto Sprinkler Co. Fire Inspection 960.00 Washington Conservation Distr 1st Quarterly Billing for Shared Educator 554.25 Washington County Property Records Publications 276.00 Washington County Sheriff's Office 2012 Alerts 2'500.00 VVie@and,Shei|a Reimburse for Expenses 37.22 Yocum Oil Company Fuel 10\973.09 Zarnoth Brush Works, Inc. Gutter brooms for sweeper 2,043.45 LIBRARY Ace Hardware Janitorial Supplies 18.59 ACP Direct Headsets 109.70 Amaoon.cmnn Rento|DVO's 201.65 Ararnark Rug & Towel Service 52.92 Baker &Taylor Library Materials 41.51 BW| Library Materials 680'21 EXHIBIT "A" TO RESOLUTION #2012 -068 Embroidery SFD Logo Page 3 Brodart Library Materials 2,037.04 Comcast Telecommunications 56.90 Demco Supplies 191.11 Gaylord Processing supplies 120.26 Hansen,Ann Reimburse for Postage 7.83 Master Mechanical Maintenance Contract 947.25 Menards Janitorial Supplies 149.85 Office of Enterprise Technology Telephone 330.87 Quill Supplies 760.64 Toshiba Maintenance Contract 59.59 US Post Office Postage 2.90 Van Paper Janitorial Supplies 531.66 APRIL MANUALS Postmaster 2nd Qtr Utility Billing Postage 2,580.88 United Refridgeration, Inc. Recovery Service Fee 129.15 ADDENDUM Advanced Sportsware, Inc. Embroidery SFD Logo 23.51 Century Link Telephone 268.09 Clark, Dan Cleaning Public Works and City Hall 1,057.50 Cole Papers Janitorial Supplies 482.51 Delta Dental Dental Cobra 243.30 Jones, Eleanor Refund LIB Billing 57.00 Magnuson Law Firm Professional Service 8,376.83 Meisinger Construction, Inc. Pedestrian Walkway 42,791.80 Met Council May Wastewater Service 118,817.34 Met Council April SAC Fees 7,024.05 Nardini Fire Equipment, Inc. Foam 884.93 Performance Plus Physical Testing 170.00 S & T Office Supplies 186.65 Xcel Electricity, Gas 5,524.34 TOTAL 444,904.44 EXHIBIT "A" TO RESOLUTION #2012 -068 Adopted by the City Council this 1st Day of May, 2012 Page 4 N i. TNS •INTNPLACS Of NINNSSNTA Receipt NunVr Check No. _ —- Amount Paid: Fee: $100.00 APPLICATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT U111 Q11Rb1W"�A!7-4ii2%#A j i ♦ w Name of Business Teo u A 2 9 417 Business Address A014 m l?A ye.-i MIR i Y ` 1 Corporate Address (if different than business address) SQQ VOLVD'P KA - 01"ESMAM V A 0 Telephone (Business): yg ot " -IS1 • �a ` . 5 poo Beginning Date of Sale: End Date of Sale: Hours of Operation: Location of Display-E, ► O-AP-S WNIMID ► I REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not less than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) rawn to scat or with dimensions included. C, e Signature of Applicant (or agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 tJCES Q1�ILY s i M1 The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any. Signature of Police Chief., Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any. Signature of City Approval Date of Stillwater City Council: Permit No.: Date :r�" DRAYTON INSURANCE BROKERS, INC. 2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067 BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220 TELEPHONE: (205) 854-5806 FAX: (205) 854 -5899 CERTIFICATE OF INSURANCE NO, 251401 We certify that insurance is afforded as stated below. This Certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy and the insurance afforded is subject to all the terms, exclusions and conditions of the policy. INSURER Admiral Insurance Company POLICY NO. CA000003209 -22 -1035 NAMED INSURED Elkton Sparkler Company P.O. Box F North East, Maryland 21901 POLICY TERM March 1, 2012 to March 1, 2013; Both Days 12:01 A.M. Standard Time COVERAGE Products Liability, including broad form vendors liability: ® Occurrence Basis C] Claims Made Basis LIMIT OF LIABILITY $2,000,000 each occurrence, $3,000,000 products aggregate The limit of liability shall not be increased by the inclusion of more than one insured or additional insured. INSURED OPERATIONS The manufacture, sale or distribution of consumer fireworks (1.4G) and related products. It is certified that, if named below, this policy includes as Additional Insureds l) the distributor of the Named Insured's products and/or 2) the owner of property on which the Named Insured's products are sold and /or 3) the licensing authority issuing a permit or license for the sale of the Named Insured's product and/or 4) an entity for which coverage is required by written contract. NAME(S) OF ADDITIONAL INSURED(S) DOLLAR TREE / DEALS STORES 500 VOLVO PARKWAY CHESAPEAKE VA 23320 It is certified that this policy requires a 30 day mutual notice of cancellation between the Insurer and the Named Insured. In the event of such cancellation we will endeavor to mail 10 days written notice to the Additional Insured(s), whose name and address is shown hereon, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer and /or the undersigned. DRAYTON INSURANCE BROKERS, INC. 3 /1 /12 .�_ _..,.,r DATE OF ISSUE TRINGER, PRESIDEN C Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION i - NAME OF ORGANIZATION a s k, DATE ORGANIZED $q3'a TAX EXEMPT NUMBER 44 - 0 74a-�S STREET ADDRESS k. CITY STATE ZIP CODE AA IV 1 59-0 8z, BUSINESS PHONE HOME PHONE NAME OF PERSON MAKING APPLICATION t vvle._`� � V vtC0. tj�� _*460 DATES LIQUOR WILL BE SOLD ) n i Z OLLi t1 t TYPE OF ORG ATION ORGANIZATION OFFICER'S NAME Jp vlr�e.s -Dv Y,,c a \r\ ADDRESS U I i N, ORGANIZATION O FICER'S NAM "Reu � Nalce_ 'DRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license i I be used. If outdoor area, describ "nca_ 4-b !Q c &/4 . Will the applicant contract fQr- intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. It Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. 1 L7 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CI OUNTY k, --r DATE APPROVED CITY FEE AMOUNT LICENSE DATES D FEE PAID 1 L7 SI NATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05106) MEMORANDUM TO: Mayor and City Council FROM: Michel Pogge, City Planner kw DATE: May 1, 2012 RE: Mainstreet Pedestrian Walkway Project Public Restroom Change Orders #3 DISCUSSION Initially the walkway plans called for Xcel Energy to provide the pedestrian lighting along the walkway. Initial bids from Xcel Energy were substantially higher than the City expected so staff solicited bids from other firms to complete the pedestrian lighting along the walkway. A bid from Signature Lighting came in approximately $15,000 less then Xcel so the City elected to go with Signature Lighting to complete the lighting. Due to the change from Xcel to a private contractor for the lights the City now needs to provide a power source to these lights that was not previously provided for in the restroorn plans. The total cost to install a conduit through the restroorn's foundation for the lights is $2,736. RECOMMENDATION The City Council approved Change Order #3 in the amount of $2,736 ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2012- APPROVAL OF CHANGE ORDER #3 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM. X APPROVAL OF CHANGE ORDER #3 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #3 in the amount of $2,736 for the Main Street Pedestrian Walkway Public Restroom Project is hereby approved: Change order #3 PVC sleeves and conduits. COR #9. $2,736 Thus increasing contract amount from $300,888 to $303,624. Adopted by Council this I st day of May 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Change Order Request � terra AN 0 general contractors 21025 Commerce Blvd, Suite 1000 To: Rogers, MN 55374 Attn: Email: Phone: (763) 463-0220 Fax: (763) 463-0290 From: Project: Main St. Ped. Walkway Public Restroom Project #: 11-269 Owner: City of Stillwater Date: COR# 09 Collaborative Design Group Bess McColloguh m-oQflwo@spl-lat>oiatiyedesigogroup, m Ben Newlin .4/27/2012 Description of Change: PR#01 - Add Sleeves & Conduit in Foundation Wall NOTE: (3) PVC SLEEVES ARE PROVIDED IN THIS PRICING. THIS PRICING INCLUDES (2) OF THE SLEEVES RECEIVING CONDUITS PER THE ATTACHED PRICING. THIS PRICING DOES NOT INCLUDE THE WATER LINE OR ANY CONDUIT IN THE 3RD PVC SLEEVE. THIS WORK IS EXCLUDED AND SHALL BE BY OTHERS (WHOEVER THE OWNER HAS HIRED TO DO THE IRRIGATION SYSTEM) lAmount: $ 2,7316 If you have any questions concerning this issue, please call as soon as possible so any discrepancies can be addressed. This price is void within 30 days if not accepted. If this change is accepted by the owner, this will entitle Terra General Contractors to additional time to be determined at a later date. Please note, all changes will affect the completion date for this project. Please advise if Terra General Contractors is to proceed with this change. COR# 09 SUPPLEMENTAL PROPOSAL Terra General Contractors Description of Change: PR #01 - Add Sleeves & Conduit in Foundation Wail COMMENTS 20 General Contractors Work (from line 9) $ - 21 Subcontractor's Work (from line 19) $ 2,315. 22 SUBTOTAL (add lines 20 -21) $ 2,315.00 23 General Contractors Fee 15.00% $ 347.25 24 Permits 0.00% $ - 25 SUBTOTAL (add lines 22 -25) $ 2,662.25 26 CGL Insurance 1.00% $ 26.62 27 Bond Premium 1.75% $ 47.06 28 TOTAL COST add lines 26 -28 $ 2 735.93 Terra General Contractors Description of Change: PR#01 - Add Sleeves & Conduit in Foundation Wall ITEM OF MATERIAL COR# 09 10,11 jill 1111,1111, ITEM OF RENTAL OTY, UNIT 1 1 COST Unit Cost Total Cost TOTAL RENTAL EQUIPMENT 1 L.S. $ $ 1 L.S. $ $ I L.S. $ $ 1 L.S. $ $ 1 L.S. $ $ 1 L.S. $ $ I L.S. $ $ G. B. Masonry, LLC 388 - 9th Avenue West Unit C St. Paul Park, MN 55071 Name / Address Terra General Contractors 21025 Commerce Blvd. Suite 1000 Rogers, MN 55374 Project Main Street Ped Walkway Site Work Estimate Elate Estimate # 4/25/2012 1568 Customer Contact Phone 763 -463 -0220 Fax 763- 463 -0290 Email bnewlin @terragc..com MWA rTRIC, INC. TH Commercial °Residential Industrial -Trenching Terra General Contractors Project: Stillwater Resbooms PRN:OQ1 Subject: 3" PVC Sleeves 1) interior pit dug for core drilling. 3) Exterior trenches dug out 5ft and 2ftdeep. 3)4" Core drilling through block wall and brick. 3)3" PVC schedule 4Osleeves. Z)l" PVC conduits ran through 2of the ] PVC sleeves. 4)1" PVC conduits stub up2D" above finished floor. 1)Uni'3trut installed for strapping ufconduits. 4)1" PVC conduits stubbed out 5ft from building. 8)1" PVC caps. Notes: One 3" PVC sleeve b for water line sm per e-mail received. Water line stub imbyothers. Motor around sleeves by others. ' | 4R55 County Road 14O° Chaska, yWN5S018"(952)448'681B° Fax (9S2)448-2B65 � | -AIA Document G709m — 2001 Work Changes Proposal Request PROJECT (Name and address). PROPOSAL REQUEST NUMBER, 001 OWNER: 0 Mainstreet Pedestrian Walkway - ARCHITECT: Public Restrooms N. Water Street and Commercial DATE OF ISSUANCE: April 24, 2012 CONSULTANT ❑ Avenue CONTRACTOR:N Stillwater, MN 55082 FIELD: Cl OWNER (Name and addres.v): CONTRACT FOR: General Construction OTHER ❑ City of Stillwater 216 N. fourth Street, CONTRACT DATE: Stillwater, MN 55082 FROM ARCHITECT (Mame and address): Collaborative Design Group 100 Portland Avenue, Suite 100 Minneapolis, MN 55401 TO CONTRACTOR (tYevne and address): Terra General Contractor 21025 Commerce Blvd, Suite 1000 Rogers, NIN 55374 ARCHITECT'S PROJECT NUMBER: 11025.00 Please submit an itemized proposal for changes in the Contract Surn and Contract Time for proposed modifications to the Contract Documents described herein. Within Three (3) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Provide itemized proposal for the following change: At the west foundation wall install three (3), Schedule 40 PVC 3" sleeves. Sleeves at 24" minimum below grade. Grout fill block(s) cores directly above, below and cores with sleeve. Provide minimum of one full block between sleeves. Stub in conduit (verify conduit size with owner), with pull string, to above level of future interior concrete slab. ATTACHMENTS (List attacheddocuments that support description): SK-PRI BY Elizabeth A. McCollough (Printed name and title) AIA Document OT0910 —2001. Copyright 0 1933 and 2001 by The American Institute of Architects. All rights resemad.WARWWGP Thi� AIA:' Dot;umvnt is peotattsd by US, C*wyright Law and Intwma9unat Treaties, UA*uthorteW mproductimi or distribution of this NO 0ammitnt, or awry poWon of K, may m"h In severe OVO And or MInaf ponAlbos, sod Wilt be pros orta" to the rkma4oum extent possittif onOv the Iaw. This document was producW by AIA software at 16:23:51 on 0412,300 12 under Order No.60763968161 which expires on 08M 912012. end Is not for resale. User Notes: (1146471473) � | / PVC 3" SLEEVE rl) BETWEEN 17 SLTH SCHEDULE 40, | | / { / L | � r---------' | / | | | | / / ||| | | ' GROUT FILL BLOCK(S) DIRECTELY ABOVE, BELOW AND WHERE SLEEVE PENETRATES FOUNDATION WALL T.O. SLEEVE / PLAN OF SLEEVE LOCATIONS coumoww STILLWATER PEDESTRIAN DATE 04.24,2012 DCSipGrOupo- SCALE SK- WALKWAY � PUBLIC RESTROOM 1/4" - V-0" PRI Way Ben Newlin From: Michel Pogge [mpogge @ci.stillwater.mn.us] Sent: Wednesday, April 25, 2012 9:10 AM To: Ben Newlin; Elizabeth McCollough Cc: bhickey @collaborativedesigngroup.com; Kevin Smith; Dan Kloos; Tim Moore Subject: RE: PR -1 Sleeving at the Foundation Wall Ben- The City would like the largest conduit possible. The three sleeves will carry water in one, high voltage power in the second, and low voltage power in the last. The water sleeve needs just one conduit in it. The high and low voltage sleeves both need to have two conduits in them. I am not sure what the building code will requires but since this site is in the floodplain the conduits must extend a minimum of 18 inches above the finish floor elevation. Thanks, Mike Michel Pogge, AICP I City Planner I City of Stillwater` 216 North Fourth Street I Stillwater, MN 55082 1651-430..8822 1651-430-8810 (Fax) mooRae @cistillwater.mn.us,1 ht ;[[www.cistillwater.mn.us 1 Facebook From: Ben Newlin mailto:bnewlin(&terragc.com] Sent: Tuesday, April 24, 2012 4:38 PM To: Elizabeth McCollough Cc: bhickeyacollaborativedesignclroup .com; Michel Pogge; Kevin Smith; Dan Kloos Subject: RE: PR -1 Sleeving at the Foundation Wall Mike, We received this PR #1 today. It says to verify conduit size with the owner. My electrician is telling me that he needs to know the conduit size in order to provide accurate pricing. What conduit size will you need? lust one conduit per sleeve? Thanks. Ben Newlin 4111111111111111 terra 0 general contractors d: 763- 463 -0243 c: 612 - 325 -1512 From: Elizabeth McCollough f mailto` emccoll oughsc b!cgllaborativedesionaroup com] Sent: Tuesday, April 24, 2012 10:23 AM To: Ben Newlin Cc: bhickey{a collaborativedesigngroup.com; 'Michel Pogge' Subject: PR -1 Sleeving at the Foundation Wall Importance: High 1 Ben, Attached is the PRA Sleeving at the Foundation Wall. I have included a sketch with the PR so that when the Owner approves the PR you should be ready to go. Please call if you have questions. «...>> Bess McCollough, Associate AIA, LEED AP COLLABORATIVE Design Group, Inc. 100 Portland Ave. South, Suite 100 Minneapolis, MN 55401 612.371.6425 2 aer ENO UIIITNPIACE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers,216 Fourth Street North May 1,2012 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. Workshop with Stillwater Township Board a. Discussion of Fairy Falls Hill detachment/annexation policy. b. Discussion regarding property recently detached from Lake Elmo and annexed to Stillwater Township. c. Discussion on status and future of the Orderly Annexation Agreement. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Boat Update&Car Seat Clinic Director 6. Public Wks Dir/City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator Downtown Update Budget Calendar 7:00 P.M.AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of minutes of April 17,2012 regular meeting minutes PETITIONS,INDIVIDUALS,DELEGATIONS & COMMENDATIONS 11. Presentation of Retirement Plaque—Robert Zoller 12. Presentation and discussion for North Hill Community Garden 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 2012-068, directing payment of bills 14. Resolution 2012-069, resolution commending various board & commission members for their service to the community 15. Resolution 2012-070, a resolution authorizing alternate payment method for fees associated with the Middleton subdivision PUBLIC HEARINGS-OUT OF RESPECT FOR OTHERS IN ATTENDANCE,PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 16. This is the date and time for a public hearing to consider the appeal of a decision made by city staff related to the definition of"fence height" located at 626 5th Street North.Notices were mailed to affected property owners and published in the Stillwater Gazette on April 20, 2012. (Will be opened and continued to May 15,2012 meeting) UNFINISHED BUSINESS 17. Possible approval of second reading of Ordinance 1046, an ordinance to create and enact Section 52-17 of the Stillwater City Code relating to drug paraphernalia(2nd Reading—Roll Call) 18. Beekeeping Standards and Regulations NEW BUSINESS 19. Possible approval of Rivertown Art Festival Event & Contract — May 18-2012 — Chamber (Resolution — Roll Call) 20. Possible approval of Stillwater Omnium and Contract (event approved April 3, 2012) (Resolution — Roll Call) 21. Consider accepting a donation from the Stillwater Noon Rotary Club towards construction of the pedestrian walkway's seating area(Resolution—Roll Call) 22. Possible approval to purchase snow plows 23. Possible approval to purchase unmarked squad car 24. Possible appointment to Board of Water Commissioners(Resolution—Roll Call) PETITIONS,INDIVIDUALS,DELEGATIONS& COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT ** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests,in which event,the items will be removed from the consent agenda and considered separately. a i llwater ,.------...---.....-- 14) THE BIRTHPLACE OF MINNESOTA DATE: April 23, 2012 TO: City Council Town Board SUBJECT: Annexation Policy for Fairy Falls Road Area MEETING DATE: May 1,2012 PREPARED BY: Bill Turnblad,Community Development Director'f BACKGROUND David and Lynne Murphy live at 9098 Fairy Falls Road. They own a 3.88 acre homestead. It is their desire to divide one lot from their homestead. However, the minimum lot size in Stillwater Township is 2.5 acres. Therefore, they do not own enough land to create the new lot. If the land were located in the City of Stillwater, the minimum lot size for this property would only be 1.5 acres. So, the landowners have submitted an annexation petition to the City to allow for the lot split. The Stillwater Town Board discussed the annexation on January 12, 2012 and concluded that they would offer no objection. The City of Stillwater Planning Commission held a public hearing for the annexation request on February 13, 2012. The landowner and residents at 2216 Orwell Court N and the owner of 9033 Fairy Falls Road testified against the petition. A number of issues were offered in opposition,but the one that resonated with the Planning Commission was the fear of"opening the floodgates". In the absence of a policy or annexation plan for the area, approving one annexation request could lead to others with a haphazard result. Never the less, the petition to annex this specific property found general support amongst the Commissioners. On a 5-2 vote they recommended approval of the annexation, but requested staff to discuss a potential annexation policy for the Fairy Falls Hill area with the Town Board and City Council. Fairy Falls Hill Annexation Policy Page 2 of 3 On April 4, 2012 the Joint Planning Board discussed the Murphy annexation request and agreed that it would be beneficial for the Town Board to meet with the City Council to discuss establishing a policy. POLICY DISCUSSION If the Township and City are interested in setting a mutual policy as recommended by the City Planning Commission, here are a few thoughts offered by City staff. • As a general policy the City of Stillwater discourages new construction if municipal sanitary sewer is not available. The Fairy Falls Hill neighborhood has neither municipal sewer nor municipal water. Furthermore,it would not be cost effective to provide utilities to this isolated neighborhood. Perhaps a property or two being annexed may make sense in this neighborhood,but not as a general policy. • Obvious physical demarcations serve as good municipal boundaries. In this neighborhood the City boundary follows a public survey section line, which is not an obvious physical boundary. Roads, rivers, etc. serve as better physical boundaries. • Perhaps limiting the potential annexation area to those few properties bounded by Fairy Falls Road to the north/northeast and Orwell Avenue to the west would serve the purposes of limiting the potential number of properties while using clear physical features as boundaries. The potential area is shown in the attached map. REQUEST If the Town Board and City Council believe there is value in establishing an annexation policy for this neighborhood,City staff could create a Resolution to institute such a policy. bt attachment: map Letters from the Murphys Planning Report for Murphy Annexation Petition Q. c NJ '` G o # n p F g I t� '',, - CM _ n f I I1 711 $ ail' C f c o F. t g ! i ;7:1 :17.1 , ,1 r r N • 1 ❑0o❑o■oii■ oo■❑■■o.❑..■■ ❑o❑ / / 4.?� /0., o NIIIIP .1, _0i,N CD,C V V CIo nntF�' � LL, A�5_ c yfr CS CCi - V �0 S6. v! ' ''*'' \\\' ''\k,\ . t 4 o n v • N H r ! a z 1„■i'j (:.4 V Y) • o r_- • • D / / • co y - #r 1/ Lff ej j 1 A i6 0 o• O M V. i� O f I / 7 Li, Q0., April 25, 2012 Re:Application for annexation to Stillwater City of property at 9098 Fairy Falls Rd. We have lived on the property since 1973, almost 40 years. We've had a wonderful life there and we have tried to return the favor. I've planted oak,ginkgo, hackberry, black walnut, hard maple,white pine, red pine,spruce and Kentucky coffee trees. We've planted flower gardens and vegetable gardens —even raised a couple of kids who blossomed into something other than vegetables. The back of our property is the city line. When we took ownership in'73 there were probably 7 or 8 houses on lots in that only part of the city of Stillwater that sits north of Hwy 96. Since that time the number of houses has grown to 16. The back part of our property sits up at about the same elevation as those city lots. We've had a garden up there, but we're too old to keep it free from buckthorn and sumac,weed and box elder. We have thought a residence there would be a nice fit. The process of annexation has been allowed by the city for contiguous properties(not otherwise restricted as the Joint Powers area),and a hefty fee is the first step toward that end. We expect an orderly and timely decision will result from the application we made on January 12, 2012. I don't think those 16 Orwell Court properties constitute a high-crime area of the city, but to keep order there the police must drive past the two longest boundaries of our property. I've often wondered what they might do if they were to witness a crime as they drive past township property. If there are any police who have had similar thoughts think how annexation would relieve that anxiety and lower the city's medical costs in the next police contract. Our property must be in compliance with the National Scenic Riverways easement. This means that we will be able to split off one lot considerably larger than any of the lots behind us, larger by far than any lot in Millbrook,for instance,and dependent, of course,on the required contingencies established at the time of our application. We are eager to get on with this. Considering the recommendation of city staff and the planning commission,we see no reason for delay and ask you to move forward on our application. If the city wishes to consider altering the current annexation policy as a result of our application,we are pleased to have been an impetus for possible improvements, if such they are, but to be fair,any changes in the policy should have no effect on an application that existed on January 12 of this year. This application was scheduled for your March meeting,then your April meeting. We see no reason for delay and ask you to move forward on our application in a timely manner. Thank you. David Murphy 9098 Fairy Falls Rd Stillwater, MN 55082 651-439-9485 April 25, 2012 To: The Appropriate Authorities From: Lynne Murphy, resident and co-owner Re: Annexation Application 9098 Fairy Falls Rd. N. Stillwater I have lived at 9098 Fairy Falls Rd. in Stillwater Township for 39 years and am one of the Applicants. Our home is a modest 1890's house with a few acres behind it that butts up to a development of what is now 16 modern, more substantial homes that are in the City. A half century ago,the whole area was pasture and woodland, and our house was a farmstead. We have learned over 38 years that former pasture does not really want to revert to native prairie or pristine woodland. It would rather overrun itself with buckthorn and sumac and Engleman's ivy and St. Croix grape and is difficult to maintain. At this time in our lives we are getting ready to downsize,to move on, and we'd like to be able to split off a single 1.5 acre lot on the back of our property which is contiguous to the City. We would even hope to make a profit by doing this. In the scheme of things this is a very small project.The City and Town have allowed our application for annexation so that we could try to split that lot off. It is simple and straightforward. Our small project has followed all the current rules and zoning overlays, even the most restrictive Wild and Scenic Rivers easement. A 1.5 acre lot would be more than twice the size of most of the lots in the development behind it and would harm nothing and get in no one's way. We have actually thought the neighborhood back there would consider it an improvement. We are people who believe in leaving our campsite better than we found it. I realize that in the midst of our application process(and possibly partly because of it), larger issues of policy surrounding topics like annexation are now being considered by the City and the Town. We submitted our application and accompanying$1000 fee on January 12, 2012, in hopes that the City Council would consider this annexation application in a timely manner on its own merits. I believe it is not only allowable under current guidelines but also logical, sensible, and desirable as a good plan for both City and Town. to wa r THE BIRTHPLACE OF MINNESOTA DATE: February 9, 2012 CASE NO.: 2012-05 TO: Planning Commission REQUEST: Annexation APPLICANT: David and Lynne Murphy LAND OWNER: David and Lynne Murphy LOCATION: 9098 Fairy Falls Hill (Stillwater Township) MEETING DATE: February 13,2012 AUTHOR: Bill Turnblad,Community Development Director BACKGROUND Mr. and Mrs. Murphy have submitted a petition for annexation of their 3.88 acre homestead property at 9098 Fairy Falls Hill. Their goal is to split the property creating one more building site. The property is currently located in Stillwater Township where the minimum lot size does not allow the property to be split. If the property were located in the City, a lot split would be possible. Therefore, the landowners have submitted an annexation petition. If this annexation is approved by the City,Township and Municipal Board, then the Murhpys will make application for a subdivision, rezoning and a minor Comprehensive Plan amendment. EVALUATION OF REQUEST The property is not located within the Orderly Annexation Agreement area, so review of the annexation request is simplified. Essentially the decision will be based upon whether the City can offer something that the Township cannot, and whether the Township supports the request. Murphy Annexation February 9,2012 Page 2 of 3 The City can offer improved, but not dramatically improved local government services. The City Police Department is larger and more diverse than its counterpart in the Township, so the quality of police service has the potential to be improved for the property. The City Fire Department currently provides fire protection to the property through a contract with the Township, so fire service would remain the same. No City utilities are available in the Murphys' neighborhood. In summary, a slight service improvement argument can be made,but it would not be dramatic. However, one distinct advantage the City offers is that the required minimum lot size for unsewered property is less in the City than in the Township. The Township requires 2.5 acres for a lot in the subject neighborhood,whereas the City would allow a 1.5 acre lot on this propertyl (as long as on-site sewage treatment is possible). The two planned lots on the Murphy property would be about 1.6 acres and 2.2 acres in size. Therefore, the property could possibly be split if it were in the City,but cannot be in the Township. The Town Board said at their January 12, 2012 meeting that they would offer no objection to a request by the Murphys to be annexed by the City of Stillwater. ALTERNATIVES The Planning Commission has the following options: 1. Recommend approval of the requested annexation with the following conditions: a. Approval of the annexation does not compel the City to approve the future split of the property into two lots. b. When application is made by the landowners for a lot split, a septic system designer must provide proof that an on-site septic system will function satisfactorily on the new lot and that the loss of 1.65 acres will not make future on-site septic service for the existing lot difficult. c. When the landowners make application for the lot split, they will also need to make application for a rezoning and for a minor Comprehensive Plan amendment to include the property within the City's future land use map. 2. Recommend denial of the requested annexation. 3. Continue the public hearing until the next meeting for more information. ' The property would ultimately be rezoned to RA,Single Family Residential if annexed. Minimum lot size in the RA district is 10,000 square feet. But,the property is also located in the St.Croix River Overlay district, which requires 1 acre for unsewered lots. Finally,the property is encumbered by a scenic easement since it is located within the National Wild and Scenic River Corridor of the St.Croix River. The easement requires a minimum lot size of 1.5 acres. Since the easement is the most restrictive of the lot size standards,its 1.5 acre minimum requirement takes precedence. Murphy Annexation February 9,2012 Page 3 RECOMMENDATION Staff recommends alternative one. attachments: Location and Zoning Map Survey Applicant Letter • im ▪ a QLj co - _ - � E In° c � � 3 o W o � m � .&' 412' � p o k � � /�V\ N rn .- N II Q v c u c y o s o Z :•�1 N U a m c Ma c° m m A — _ \It♦Y� N a_ ▪ z m 3 0 o m a a a .E m 0 C • 3 i o cS u 0 c3 x 0 m m o a 3 ce N C H w ¢ iq F F 11 O K 0 1- F 0 x 0 O D E. 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Attached is a recent survey of the 3.88 acres which is contiguous to the city on the south property line. We have had discussion with the Stillwater Township Board of Supervisors who stated at their meeting on January 12,2012,that they will offer no objection to the detachment of the property. We have had discussion with Chris Stein,of the St Croix National Scenic Riverway Park Service,which has a scenic easement on the property. That easement requires a minimum of 1.5 acres with frontage of 250 feet parallel to the river. Our survey indicates that this would allow one buildable lot that would front on Orwell Court Rd as indicated on the survey enclosed. The proposed lot would meet all the requirements of the City of Stillwater. A soil test has not been completed, but the maps indicate that the soils are more than adequate to support a septic system.A perc test will be done as weather permits. David and Lynne Murphy 9098 Fairy Falls Rd Stillwater, MN 651-439-9485 January 13, 2012 Lake Elmo Detachment Washington County, MN 12/3/2010 Washington County, MN A \ * . /‘-'" I .., 1 wo, V. i \ 400\NS_ I >: 'p\) I�Q _ / 12-1-1 FAIRLAWN G 0- PINE 14 V ( ki,, t 04KRIDCUE- �� t w 1c 69TH \� ~ . / / Tr 5 J ESN -z .z �./ m �C /. ) ft \ __66TH-r._._ S�\ �1� f �y ' ff 9. '9 WIL-DPINES OE$ ° --- µ•62ND.-' 2,,._f. °° " -62N_ Y ...__ TOWER -62ND. � - Dw�._��",w Q ----:-' 6 _--_- r�F;,• TAG- _ GOTM� GOTH_ 60T4 36 t 36 l.."�" - th 14 w o CL 5741-4 rim alF# ©� / / v J l 4,y. O 5 J rin 111 irk 0 -,-----56TH. �'! n I: X11 , _____C) 29 7:53' I z0 MARQUE S-S f�0 2�q --, 3RD_ , < 1 1 ,S,© ) J1ST 0 ____ -- __- __ 50TH' ---- t' • 'pcF� Li,tt i! Mcdo»a ll.Lake _49TH g W -47-TFI-� �� �� *. o } l. -.., �z�48TH• O J9' MC.UQNAL--DI ''r 47TI1_ feet _\ _j i> / Property Information Property ID 0602920210001 Location Washington :County K. il If MAP FOR REFERENCE ONLY sz•1;;. NOT A LEGAL DOCUMENT This drawing is a result of the compilation and reproduction of land records as they appear in various Washington County offices.The drawing should be used for reference purposes only.Washington County is not responsible for any inaccuracies. , ' j ,. a er THE BIRTHPLACE O F MINNESOTA DATE: April 24, 2012 TO: City Council Town Board SUBJECT: Discussion on the Orderly Annexation Agreement MEETING DATE: May 1, 2012 PREPARED BY: Bill Turnblad,Community Development Director 7 T BACKGROUND January 1, 2015 is a critical date for the Orderly Annexation Agreement. It begins the final phase of the Agreement. Since that is less than three years away, the Joint Board suggested that the Town Board and City Council have a discussion on the status and future of the Agreement. KEY EXCERPTS There are four places in the Orderly Annexation Agreement that in combination define the final phase of the Agreement; when the Agreement expires; and when the authority of the Joint Board sunsets. 4.05 Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2015. 4.08 The City is free to deny an annexation or extend the timing [until Dec 31, 2019] of a phase at any time at its sole discretion. 8.07 This ... Orderly Annexation Agreement shall terminate ... on January 1, 2020, except as follows: As to the matters set forth in Section 8.04 (b) [adopting ordinances impacting Orderly Annexation Agreement area properties, amending them, or granting variances to them], Section 8.04 (c) [special assessments for utilities and other infrastructure], and Section 8.04 (d) [rural service taxing district], the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of .... Section 16.01. 16.01 This Agreement will terminate on January 1, 2020 in all respects, except that any Phase IV properties annexed subsequent to January 1, 2015 shall be entitled to the protection of the provisions of Sections 6 [assessments and utilities] and 7 [real estate taxes] for a period of five years after the year of annexation. Taken together, these excerpts mean: 1. The remaining properties in the Orderly Annexation Area could be annexed at the City's option as early as January 2, 2015 or as late as December 31, 2019. 2. If the City chooses not to annex all of the remaining properties by December 31, 2019, then any subsequent annexations would have to be done according to State Statute rather than the terms of the Orderly Annexation Agreement. 3. The Joint Board continues to have authority until five years after the last property is annexed under the Agreement,which could be as early as January 2, 2020 or as late as December 31, 2024. DISCUSSION ITEMS The Joint Board suggested several discussion items: 1. Should the deadline for annexing into the City be extended? 2. Should a new Annexation Agreement be drafted and take effect when the current Annexation Agreement expires? 3. If a new or extended Agreement is not entered into, should the Joint Board be authorized to continue anyway? If so, what would its mission or purpose be? bt attachment: Orderly Annexation Agreement N•. ~ ~ oRiciNa~ AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT, ORDERLY. ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this ~ day of ~.~.~ 1996, ("Effective Date") between the City of Stillwater, Washington County, Minne to ("City") and the Town of Stillwater, Washington County, Minnesota ("Town") and is an agreement relating to growth management and constitutes a "Joint Resolution" between the City and Town authorized by Minnesota Statutes §414.0325 .providing for a procedure and a framework for orderly annexation of a part of the Town to the City. This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authority pursuant to Minn. Stat. 471,59 and Minn. Stat. 414.0325 (Subd. 5). SECTION ONE INTRODUCTION 1.01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities.. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth in the annexation area would benefit the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town. INTENT 1.02 The parties to this agreement intend it to be binding with all the rights, privileges, and obligations attached thereto. Both parties intend to be bound by this .agreement and shall not violate its terms. Neither party shall exercise any legislative authority either now existing or which may be later created in a way which violates the terms of the agreement. Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent. Instead, the parties agree to refrain from exercising any legislative authority, now or into the future, in a way that would violate the terms of this agreement. 35667.O1F 05/23/96 -1- ~, INCLUSION INTO COMPREHENSIVE PLAN 1.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement into the City's Comprehensive Plan. SECTION TWO ORDERLY ANNEXATION AREA 2.01 The property described in Exhibit "A" that is subject to annexation by the City pursuant to this Agreement will constitute the "Orderly Annexation Area" . This area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that lies North of the right-of--way of the Minnesota Zephyr Track and East of the Oak Glen development. The Orderly Annexation Area is designated as in need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for in this Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described in this Agreement upon the filing of a Resolution as described in this Agreement. SECTION THREE PHASING SCHEDULE 3.01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one .time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases described as follows: Phase I Description 3.02 Phase I contains that property described in Exhibit "B", generally described as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4.08 herein: 35667.O1F 05/23/96 _2_ 'i ~ ~T *t•" f`r a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31-030-20-32-0001 and 31-030-20-34-0001 Owners: Alvin and Helen Bergman b. 1223 - 62nd Street North Parcel Number 31-030-20-34-0002 Owner: Paul Bergman c. 7143 Manning Avenue Parcel Number 30-030-20-33-0001 Owners: Robert M. and Ann S. Jordan d. 7135 Manning Avenue Parcel Number 30-030-20-33-0002 Owners: Ralph E. and Kimberly A. Stowell e. 6731 Manning Avenue Parcel Number 31-030-20-23-0001 Owner: Rosalie Gadient The Phase I also includes the Stillwater Golf Course. The approximate population of the Phase I area is Phase II Description 3.03 The Phase II property is the property described in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property. Phase III Description 3.04 The Phase III property is the property described in Exhibit "D" and commonly referred to as the Palmer Farm property. This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted. Phase IV Description 3.05 The Phase IV property is that portion of the Orderly Annexation Area that is not included in Phases I, II or III. 35667.O1F 05/23/96 -3- A ~~ ; ~ i SECTION FOUR TIMING OF ANNEXATION OF PHASES 4.01 Under no circumstances will the growth in the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one. This limitation shall apply to the issuance of building permits. The City shall provide a written report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous six months. 4.02 Phase I property will be annexed to the City after the execution of this Agreement. The Municipal Board shall order annexation of the Phase I property. within thirty (30) days following receipt of this Joint Resolution. 4.03 Phase II property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999. 4.04 Phase III property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002. 4.05 Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2015. 4.06 The City may annex Phase II property prior to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. 4.07 The City may annex Phase III property prior to January 1, 2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year limitation; and b) that seventy-five percent (75 %) of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings. 4.08 The City is free to deny an annexation or extend the timing of a phase at any time at its sole discretion. This Agreement does not confer any rights upon any individual property owner to require the City to annex his or her property. 4.09 As an exception to the Phasing Schedule, the City may annex property not described in Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100 %) of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation. 35667.O1F 05/23/96 -4- ~' SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT 5.01 Commercial Development within the Annexation Area will be limited to the 6.3 acres of commercial property at the southeast quadrant of C.S.A.H. 12 and C.S.A.H. 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15. These are the only properties designated for commercial use in the City's Comprehensive Plan. 5.02 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification that will be described as "Village Commercial Zoning" or "Neighborhood Commercial" with separate guidelines, standards and design criteria designed to meld the 6.3 acre commercial area into the rural setting of the adjacent residential property remaining in the development and the Town as described in Exhibit "E" . 5.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and criteria consistent with the classification described in the Comprehensive Plan. The district will house office, light industrial and service uses in a coordinated planned unit development campus:. setting.. 5.04 Agriculture will continue to be a permitted use in the areas re-zoned .pursuant to this Section. SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading. The policy shall be as follows: a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook-up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook-up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook-up or utility charges prior to subdivision of the property. 35667.01 F 05/23/96 -5- ~ ~ r ~r~ s ~ ~'~ ~' d. Any property which hooks-up to City sanitary sewer shall pay ahook-up charge which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. e. Any property which hooks-up to City municipal water system shall pay a hook-up charge. which will not exceed Twenty-Five Hundred Dollars ($2,500.00). The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system. f. Property which is not being subdivided will not be assessed .for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. if a property hooks up to City sewer or water it will. be charged for one hook- up as per Section 6.01 d and a regardless of whether the property can be further subdivided. Additional hook-up charges will be due at the time the property is subdivided based upon the hook-up charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution", the City will adopt a sanitary sewer and water hook-up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook-up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook-up to the City's sanitary sewer system unless hook-up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on-site system if the extension is not feasible or cost effective. 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property. 35667.O1F 05/23/96 -6- r~ ~ i ` f 6.05 The limitations in Sections 6.01 d and a will be annually .adjusted commencing January 1, 1997 based upon the Consumer Price Index for Urban Consumers (CP-U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adjustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service tax rate that will be set at seventy-five percent (75 %) of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not. requested annexation, the initial rural service .tax rate in the year of annexation will be Fifty percent (50 %) of the urban rate, with the percentage being increased .five percent (5 %) each year to the seventy-five percent (75 %) rural service rate.. 7.02 Tax Rate Adiustment for Parcels Not Reauestin~ Annexation. Pursuant to Minn Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50 %) of the urban rate, with the percentage being increased 10 percent (10%) each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20 %) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. 35667.O1F 05/23/96 -7- ~~ `h , 4 *~ SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL 8.01 The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan. 8.02 The powers set forth herein shall be exercised. by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Town Board members appointed by the Town Board of Supervisors. 8.03 The Joint Board will review official controls necessary to regulate .development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential. uses in accordance with the City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain in the present conservency zoning classification now in effect in the area: A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning District will be adopted in order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development .Center. Nothing in this subsection shall preclude the Town's approval of a subdivision of a parcel of land into three or fewer lots with a minimum lot size of 2.5 acres. 8.04 As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers: a. Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area; b. Approve the initial adoption of, amendments to, or variances from the City's official controls relating to the Orderly Annexation Area. c. Approve any special assessment and sanitary sewer and water hook-up ordinance or policy and any amendments for consistency with Section Six. d. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein. e. Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement. - f. All matters subject to approval by the Joint Board as set forth in §8.04 (a), (b) or (c) shall be processed in the same manner by the City as any other such 35667.O1F 05/23/96 -8- rl }~t matter. Any required public hearing before the City Planning Commission or Ciry Council shall also be noticed as a public hearing before the Joint Board. g. Final action by the Ciry relating to matters described in §8.04, Subd. (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution ("ADR") in the form of mediation/arbitration ("Med-Arb") or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the Ciry and Joint Board. The Neutral shall base the recommended decision on the Ciry and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and Ciry are required to follow in determining the matter at issue. h. Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8.04(e) herein shall be processed in the same manner as all other development applications except as follows: (1) The Joint Board shall meet before-the Planning Commission completes its consideration of the application. Minutes of the Joint Board's discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing .need be conducted at the Joint Board meeting; (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members. 8.05 "Official controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps. 8.06 The Joint Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board. The Town and Ciry will be responsible for paying their own employees, consultants and Joint .Board members. Any expenditure incurred by the Joint Board, including the appointment of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75 %) to the City and twenty-five percent (25 %) to the Town. 35667.01 F 05/23/96 -9- ` Y w1 ~ . 5~ • • 8.07 This Joint Powers Agreement shall terminate concurrently with the Orderly Annexation Agreement on January 1, 2020, except as follows: As to the matters set forth in Section 8.04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16.01 herein. 8.08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial inclusion into the City upon annexation. The Agricultural zone shall not allow any non-agricultural commercial use. The owner of any property proposed to be annexed pursuant to Section 4.09 which has an existing non-agricultural use shall agree to terminate the use as a condition of annexation. Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8.04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation. SECTION NINE PERFORMANCE STANDARDS 9.01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of financial responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 10.01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City/Town Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "F" . SECTION ELEVEN ENVIItONMENTAL AND OPEN SPACE PRESERVATION 1.1.01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly Annexation Area will be followed when feasible or when permitted by law. The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, 35667.O1F 05/23/96 -10- i r Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G", and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area. SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12.01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of the development plans. The City will copy the Town Board on any correspondence with Town property owners relating to easements or right-of--way acquisitions. SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN 13.01 The Town will continue to maintain streets and other public improvements in the Annexation Area so long as they remain in the Town. If improvements are required in this area which are not necessitated by growth in .the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement: which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City. The City's portion of the cost will be prorated based upon the following formula: Useful Life After Cost of Improvement x Projected Annexation Date =City's Share Total Useful Life 13.02 If public improvements are required in the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approximating the cost of maintaining (e.g: patching, sealcoating, and overlays) the street to a Township rural standard under the policy in effect prior to the annexation of Phase One based upon average daily traffic that existed prior to Phase One. This amount will be the Town's responsibility. 13.03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995. The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town. 35667.O1F 05/23/96 -11- SECTION FOURTEEN MODIFICATION 14.01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4/Sths vote of both the City and the Town. SECTION FIFTEEN GENERAL PROVISIONS 15.01 The words "shall" or "will" are mandatory. The word "may" is permissive. 15.02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remaining terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision .held to be invalid. SECTION SIXTEEN TERMINATION 16.01 This Agreement will terminate on January 1, 2020 in all .respects, except that any Phase IV properties annexed subsequent to January 1, 2015, shall be entitled to the protection of the provisions of Sections Six and Seven for a period of five (5) years after the year of annexation. CITY OF STILLWATER TOWN OF STILLWATER r By: By: imble, is Mayor hairman of Its Boar of Supervisors ATTEST: l 1 Morli eldon, Its -Clerk ATTEST: ~ . Pat Bantli, Town Clerk 35667.O1F 05/23/96 -12- ,, ''~~~ ,10. 1996. 1.31PNi ~iC ^ S FRANK ROSS a. 6168'--'P. 2/6-"""" ~- r _ !v1 _ ~ ~ - - ire f , - ~ - - - r. _ ~~` - -~~ ~ - _ ~ i i ` I _ ~ o -- - -~ _ / ~ _ r _ /• ~ ! _ _ ~ _ _ _ i - j___- -; _ - ~ -- ~~ _ - --- -0 - - ~--,_' ~ _ _ - ~r j _ - ~= - - - - - ;, _ _ _ _. ~ - - ' ~+ - - ~h -_ yti~ ~ - - , 't., - - _ _ _ l _ •~ ~- _ _ F - - _ f _ ~ q j .` `~ ~ . ' i ._ .. r.. j - ~._ ' .~ ~~~ . ; ~ - .• Orderly ' °`~'' Annexation -" - ~ ~ . ~ .~ ;_., ~ - . ~ _ Area SAH #12 . ,~. ~;~ ~;~ ~~ . . ~ ; ~~ - ~ _, .. ~ ~_' _ . - ~ ~~ ~ EXHIBIT .,., ~~ ~ A • I lk~oabs Frank Roo: Flsaociate;, Znc. -CITY !i- TOiiNSHIP t5050 23rd Rve. N. OF STILLiiATER Plyaouth. MN. 55x47 En9'^°ers pRDERLY ANNENT 7ION 6 1 214 7 6-60 1 0 Planners AGREEME Fa: 6121476-8532 Surveyors ' „' ., ~i~~~,•1•~J. 1996- 1:31PM---!~fC '~ S FRANK ROSS .~_~No, 6168.~P, 3/6~ ~, _ _ ~~ ti _ ~ "~ ,.-'r- `° •~ K _ _ s ~7 r ` ^ V ~ ~~ - . - =~ ~ L ~.. ~ ~ ~~ , ~~ ti~ ~ . w I Smw r ~ ' y~ .. a - - I( 7•~s ~ y r ~1 .. .. a .~. .~ .. - ~ ~~ ~ i, _ w y A['~ ` ~ ~~ w "' ~ _ _~- v ~ _~`7 __~ 1.\ .. __ / , .. _ _ i,L1~~ _ P ~ ~ 7~ • ~ .~ sst . ,. ~~~ s '° `- ~ C ~ , , ^ ' ~ Of 1 I ^ . ~ ~ r J` C7C~~o _ ~; _ ~ ~r,r,r,r-,r,~C , _ ~ ' ~ ~ ]c i VCJ jMr a ' .,, ~ I ;, - ~ , 9 - :- ±__` . N • / ~~ ~ ~ ~~ '1 ..~ ~ •°• ~ ~ ~~ - ~~ u ~ _ EXHIBIT McCo~bs Frank Roos flssaciates, Ine. ISOSO 23rd Ave. N. Piroouth, MN. 55447 Engineers 6121476-60]0 Planners CITY & TONNSHzP OF STILLWHTER ORDERLY RNNEXRTION erorr~r~1T - +~Ju,n,:1,0, 1996, 1; 31Pbir,.,~vi " tBS FRANK ROSS.„~_11~,,,,_,~ No. 6168„~„P. 4/6 • 2 36 ~-! y, 4~ 50 ~ ? y'SD 226G w 23qu _ ~ • a+aa: S /2 7s iG 2.'.74 ~ I' _ I / B 2MA ~ 2F v t. 9 •n w . K a,•/e. • coca ~- cif' •r•r~. /. 1' S /!/UJ!'t; 2~0 29SO ~ 3•.~,c aw I. ••~ -~ a•+., `z •.,;, ` ~•K~ C .Road #b4 cKusic~ 2a5n • I - '=VGF-y rte, - - ~, T+ i -~-~+.6i ..~~._.. •-r-- r ?,~} ~ ~• ~~ ~ 2t67 2n! ?a0 1 O Yh: 2Q54 1 ~` •A, 1 -f ~ • ~••l•/ ?149 2^~6 r. t '°° \ ~'' `i-~ POSE IT . ~ ~~ • ~~ ~~~ F~~p ME ~. . j +a r, ~ 4~,tr• TaEEET z~2] oa"'•/ gem ~~ 3720 ` a rac c :o~ ~ ~ d I r. zsac a~sa .~ ~ za00 •zs5o r ~ _~ •, ~, !, - ~ reTb ~ 2356 2..2tOD `( ~ • f` 2,00 ~ • a050 Y 3 ~ 1 e~~ ,, tape • = f ~ ]055 ~ l 2.5D ~ _•~! ~ CS2 F t j ~ ~ i C G _ ~ u 22QJ 2150 E+ Z,00 23~C 7~8C ~ ~ S ~ 3?50 ~'~' ~ 6 ~:, M 2500 i'^, ~• e• 2 x,50 V 22 j0 `~ 3 , 7 J • ~ ti •JC- 71: 5 3 BX •]060 {q 7 ~~ ~ ~ - ~ .2050 ~„ ~~• Yi50 ' _ 2~J~ • x•' • : ~ , _/ . R Eo =' X50 • E ' ~ ~7 9 t ~L ]07 ~ =~ C ='"2500 x,5.1 ~~ ® -".'.< / 3100 Se00 i E Z 3.5^. S I 4 6 V ab~'• f .~. 1 3.54 • ~ t 7 ~ 5100 9e 9' 5,50 B . 2850 w _ ~ :55' :t-C _ 1 ~ 3z5o ~~ ~ Y}OC { ~ 2~5.: X/ 3 /~!. ~ * 2T50~ 8C 525.'• 29C~ - Y:~ ~~ J ~ s3~9o ~ ~ AI() ~ ?ex tea C '' auz sr~ ~a~: ?•:5 251 NS, ' ~ ~ _ _/]v 21+5 floe ~ ~ :rig ~ i9a • 4' i 1 r • ~ l ~; . ~~ _ EXHIBIT c ~ ncCoswbs Frank Rooa flssaciatcs, Inc. 15050 23rd fire. N. P l yrouth. !1N • 55447 Eng i rlaars 61Z/476-6010 Planners CITY 8. T~MNSHIP OF STILLNflTER ORDERLY RNNEXATTON "1d_n.y1,0,._1996-_ 1:32PM-`~fCC FRANK ROSS ~,_.. o. 6.168~P. 5/6 _ ~ ~~0:5~ ~ ul T, 3SCC ~ i i ` ~ ~ ,~ 3~~ ..'R~F~ V, '.. \ ~ ~•~ ~ . 2`351 ~ ~L•Y.C ~ `~. :` ~ C) ~1 ~~ ~~ ~\ti. ~.• 301! v ~ s T_ i ~~ ~ ,,~- 'H #96 ellwood Road) . • t ~.~ •• : r•• • __~ •9E !- ' '~ .~.~ ~ .•~ ~ i • , 25.,E I i a~rcor 011' 3G~~ , / _/ ~ ~ ~` ~ L~ J 1 •~ _ ~ . sus: , vpL ~` ~/~ ~ ,. • ' v z•m ~ )~ J' :oso ~' 3 E , 1 j ,G =oea _ v ~.~ • , 2-~? ~ a ~~z0i0 , • '~ - • •_ • • EXHIBIT D I McCoobs Funk Roos Flssociates~ 15050 23rd Ave. N. Ply~owth, lIN. 55447 Engineers 612i~76-6010 Planners Fax 612416-8532 Surveyors CITY II< TONNSHIP OF STILLWRT~R - OROERl.Y ANNEXATION ~ _ AGREEMENT • • ~~~~r Exhibit "E" Country Village Architectural and Site Design Guidelines Goal: Create high-quality country village consisting of country store with fuel, country school (daycare) and other village scale professional services. The building shall have a related though not identical village residential character. Architectural Style: Gable roofs are preferred. Architectural detailing should be consistent with the style of the structure selected. Materials: Brick, stone, painted or natural architectural cedar or red wood siding are to be used as exterior materials or high grade reduced maintenance materials that wilt achieve the same exterior appearance goals as natural materials may be used. The roofing shall be heavier weight asphalt shingles or cedar shingles or high-grade reduced maintenance- materials that will achieve the same exterior appearance goals as the natural materials may be used. - Building Design: No franchise or prototypical commercial building design shall be allowed. The village area shall have a unique rural character related to its surroundings: Canopies: Pump area canopies shall be of a subdued design consistent with the building design and materials. Any under-canopied lighting shall be recessed and not show the light source from off the service area. Building Orientation: Building Setback: Parking or paved Streets or Driveways: Lot Coverage The country village will be visually and functionally connected to the immediate neighborhood, be accessible but not visually prominent from County Road 12 and 15. 50' from County Road 12 or 15 20' from public right of way for County Road 12 or 15 (if bermed and landscaped) 60 percent maximum building and hard surface coverage. EXHIBIT E r• < ` Building Height: 35' to gable peek Road and Parking Configuration: The preferred configuration is one of curved and angled orientation Landscaping: 40 percent minimum of the land area shall be in permanent maintained landscaping, open spaces and natural wetlands. Areas around building shall be planted with hearty species of deciduous and coniferous stock and should assists in blocking sight lines of parking facilities and highlight attractive architectural features in a landscaped setting. Screening: Parking areas that can be viewed from adjacent roads or residential areas shall be screened with a combination of deciduous and coniferous planting and berming. Signage: Commercial signs are to be placed on linear walls, composed of the same materials and bearing a similar. design theme to the building being identified.. Interchangeable tenant identification will be provided but if internally lit must show lit letters only, not letter backgrounds. Preferred building identity signage is by cut out letters of durable materials, mounted on the above-mentioned walls, lit with internal backfacing lighting or reflective lighting from ground, wall or tree mounted spots. Spot lights must not provide glare to adjacent roadways or perimeter residential uses. Identity monument type freestanding country village signs without tenant identification consistent with the village design and material may be allowed along County Road 12 and 15 and at the residential roadway entrance. Utilities: All utilities will be underground and HVAC equipment will be screened from view. Roof mounted units will be screened via roof configuration, wall extensions either vertical. or horizontal. All trash areas shall be completely enclosed and screened from view by a structure of a design compatible in design to village building and perimeter landscape. Lighting: Site lighting selected to minimize visibility and glare from residential areas. Overall site light levels will be achieved by a blend of streets and parking lights not to exceed 20' in height. Walkway lighting, building lighting, site amenity, sign lighting and vegetation lighting shall be reviewed to make sure it is compatible with the residential quality of the neighborhood. r ~^' Pedestrian Access: The country village shall be linked to surrounding residential areas, the elementary school and trails along County Road 12 and 15 by sidewalks and pathways. •.~ STILLWATER/STILLWATERTOWNSWP JOINT TASK FORCE RECO1VIlViENDATION REGARDING COMPREHENSIVE PLAN It is the recommendation of the Ad Hoc Committee that the City and Township establish a joint planning committee that would at a minimum include two City Council members and two Town Board members for the purpose of addressing the specific concerns and remaining unresolved issues, and to co-ordinate the implementation of the updated City Comprehensive Plan as it relates to the URPTA Planning Area. ~~~~~~ `.' G~'~~ Gc~~~~_ fl ~ r EXHIBIT F s~ ~ e i . JOINT TASK FORCE • The Stillwater/Stillwater Township Joint Task Force was formed one year ago to discuss common issues regazding the URTPA azea. Through a series of monthly and bi-monthly meetings, the group developed the guidepost document (as attached) which is a common framework for future development of the azea regardless of which jurisdiction the azea will ultimately be under. The Joint Task Force Members included: Kurt Roetman, Stillwater Don Valsvik, Stillwater Jay Kimble/Terry Zoller, Stillwater Dave Johnson, Stillwater Township Diane O'Bryan/Louise Bergeron, Stillwater Township Karin Reidt, Stillwater Township Jeff Pratt, Stillwater Township Alternates included: Jerry Hicks, Stillwater Township Jack Takemoto, Stillwater Township Jerry Fontaine, Stillwater Other interested individuals included: Hans Hagen, Hagen Homes Mazc Putnam, Chazles Cudd Co. Rick Packer, Arcon Development Art Palmer The Kroenings At the last meeting of the task force, a statement was endorsed (attached) which supports further coordination to address unresolved issues as it relates to the updated comprehensive plan. •rs ••`~ RESULTS FRO1rI STILLWATER/STILLWATERTQWNSHIP JOINT TASK FORCE iti1EETIi`IGS Guideposts for Joint Planning The following policies and principles were discussed and considered by the joint task force as planning guideposts for cooperation beRveen the city and township. The guideposts aze the result ofsix-months of meetings and discussion and reflects a consensus of direction, although neither the- City of Stillwater nor Stillwater Township have officially endorse the statements. Overall Planning Determine the desired growth rate and phasing of urban services to accommodate planned for growth as needed for the urban-rural transition planning azea (tJRTPA) for the 25-yeaz.planning period 1995 - 2020. NOTE: The urban-rural transition planning area (IJRTPA) is the azea west of _ Stillwater currently in Stillwater Township bordered by Dellwood Road (TH 96), • • on the north, Manning Avenue (CR 15) on the west and Highway 36 on the south. This azea represents the ultimate future planning area for the City of Stillwater. Skeleton Framework Ne~v development w111 respect the environmental framework of the plan. This framework includes wetlands, woodlands, windbreaks and sloped azeas. Natural drainage systems shall be used in new development azeas to promote the recharge of water tables and to reduce the speed and amount of run off. Views from major public roads of new development in the URTPA shall be screened by existing vegetation and land forms, new Landscaping, wedands and greenways. Major public roads include Dellwood Road, Manning Avenue, McKusick Road, Boutwell Avenue and Highway 36. Any ne~v non-residential development shall be buffered from all adjacent residential uses, connected by trails to residential areas and appear visually subdued in a landscaped setting as viewed from public roads. Desisn ne~v subdivisions to minimize through traffic and when necessary design neighborhood collector streets with greater setbacks, landscaping and pedestrian and bike trails. - Create ne~v neighborhoods in city growth areas that retain elements of Stillwater s small town ~~ M.i .7 r. identity, appearance and character. Deti~elop special design guidelines and performance standards using the planned unit development process to implement visual screening, park, open space and trail~vay and natural resource policies. - Available Areas for Development • There are approximately 500 acres of vacant land in the URTPA to be developed at either to«-nship and city densities. Preserve historic resources and unique land forms in growth azea to maintain elements of the azeas past and provide and identity to new development. Parl:, Recreation, Open Space Development Develop an overall trail system for the URTPA areas that connects ne~v residential development areas to existing and proposed trials on McKissick Road, Myrtle Street and County Road ~ and connects alI residential areas in the URTPA from Dellwood Road to 62nd Street. Nety residential development azeas should include desirable design elements from existing city neighborhoods including a mix of housing types, landscaped streets, accessible neighborhood. pazks and open space areas and a unique neighborhood images. Require new development to provide 10 percent of the development residential land area or its equivalent for neighborhood (7 percent) and community parks (3 percent). CityrI'otvnship Land Use Try to locate within the planning area an elementary school site, 10 acres, and community park, 25 acres. (Good planning in either case.) Require a detailed environmental assessment of physical site conditions including-plant and animal communities, topography, soil, drainage and wetlands before land development planning begins.. Density Use ne~v development concepts, where appropriate, such as mixed use development and cluster housing, to provide life cycle housing opportunities, minimize the need for and use of the automobile and maintain open space. Use shost platting and cluster development to allow some initial growth with the opportunity for -~~ ' f ~.: ~ y, urban density development in the future when desired,and planned. Establish lot size and other development standards for the URTPA areas in the township that accommodate future urban development according to the Stillwater comprehensive plan. If netiv residential development areas.aze developed at city densities, design elements from existing city neighborhoods includin? a mix of housing types landscaped streets, accessible neighborhood parks and open space areas and unique neighborhood images. Coordination and Implementation Structure Establish Joint Planning Board to coordinate planning behveen the City of Stillwater and Stillwater Township so both city and township plans for the URTPA are consistent. Use orderly annexation agreements ,joint power agreements and municipal urban service azea extension agreements to coordinate and implement comprehensive plan growth phasing policy. Elements of these agreements may include: - Defining a rural taxing district so existing residents will be protected from unreasonable taxes. - No adverse economic affects to existing township residents by MUSA extension into_the URTPA for urban development. - Establish 5-year planning periods for overall growth phasing. - Any implementation of Comp Plan for the URTPA shall have input from the township and city. Key Planning Concepts for URTPA The following key planning concepts provide direction for the preparation of the comprehensive plan. The concepts will be a part of the comprehensive plan for the city and township and shall be used to guide special area planning. Greentivays/Open Space Definition Greentivays shall be established along Manning Ave, Dellwood Blvd, Myrtle Street, McKusick Road and Boutwell Drive. The greenways shall be 100 - 200 feet in width depending on the location and site conditions. The purpose of the greenway is primarily to preserve the natural semi-rural character of the transition area by screening new development from major public - roads. The greenway shall appear informal and natural using native indigenous plant material adapted to existing topographic conditions. Enhancement of existing topographic or vegetative 3 c' ~ ~ • ~ ~ ' ~ ~ ~ ., conditions is encouraged to the. extent the enhancement appears natural. 1~Ietland mitigation sites may be used as part of the'greenway. Pathways may be located along side or in the green«ay but not appear as a primary design element of the greenway. The green way will provide a landscape separation between newly developing residential areas and high volume. traffic corridors. Trailways, Parks and-Open Space Areas Trailways, neighborhood and community park and open space azeas will be provided throughout the URTPA. The extensive Brown's Creek Wetland systems shall provide the framework for park and open space resources preservation in the north portion of the transition azea. Long Lake and existing woodlands and windbreaks shall be used in the southern portion of the site for trail locations. An overall system of trails connecting ne~v neighborhoods from Dellwood Blvd to 62nd Streets shall be planned along ~retlands, new natural drainage ways and wooded areas. Within neighborhoods pathways shall conveniently connect residents to neighborhood park and open space areas separated from auto traffic. Any active community park, convenience commercial use or school site shall be clearly connected to surrounding. residential areas by walkways and bike path, utilize and preserve natural azeas for trail locations. Development Pattern and Density The overall character of the transition areas shall be single family with selected locations of compact clustered attached housing. The existing semi-rural chazacter of the areas north of vlcKusick Road (Random Creek) and south of Boutwell (Spring Creek) shall remain with some in fill at rural densities. Newly developed areas shall be large lot (1 to 1.5 dwelling units per acres DU/Acre), small lot (2 to 3 DU/Acre) or higher density attached housing at 4 - 6 DU/Acre. T~ge lot single family areas aze located in areas of sensitive sites. Because of topography wetlands, lakes or timberland conditions the amount of site disruption is limited.. These azeas tend to be located on steeply sloped or wooded shorelands or adjacent to sensitive wetlands or open space azeas. A cluster development concept could work in~this area to minunize the impact on the land. Small lot single family areas tend to be in azeas that are Less environmentally sensitive. These sites can be interior to the large lot azea or setback form open space areas. These sites aze the flatter corn or hay fields of the URTPA. The development density of the small lot azea is typical of the existing city. Attached or compact housin aQ~reas are located in pockets separated visually and physically from single family areas. These locations have good direct access to major roads and aze more closely tied to existing urbanized areas. Sites for compact housing area located on County Road 5, 62nd near 1 ~. vlyrtle Street south and west of Long Lake, possibly McKusick Road (west of 4 i ~ mitigation site) and pockets south of Dellwood Blvd. Convenience Commercial Locations. The purpose of this use is to provide services and products for the surrounding residential areas to reduce auto use. The sites should be clearly connected by pathways to adjacent residential areas, be of a residential scale and style compatible with the - adjacent residential areas. Office park or research and development areas. These locations provide a job base for the surrounding residential areas and tax base for the community. These sites should have convenient access to major roads, be visually and physically separated from residential. areas, be attractively designed and landscaped to fit into the site conditions. The plan will respect current uses as they relate to assessment policy and any required land use changes. 5 sr • STILLWATER OPEN SPACE REPORT by Kathryn Malody, Botanical Consultant August, 1995 I' IXHIBIT G ~`•~~~~~~~ O ~r EXECUTIVE SUMMARY = Stillwater Open Space Report Survey of Plant Communities Stillwater, Minnesota . October 1995 The Stillwater Area Citizens Open Space :Committee selected and evaluated fifteen open space properties within ..the city of .Stillwater and Stillwater township for the. purpose of identifying unique plant communities that may warrant. future protection and preservation. Site visits were. completed in July and August 1995 by an independent professional consultant working under the direction of . the committee. The results of the .evaluation are detailed in the Stillwater Open Space Report. Properties were ranked into four categories as 1) high priority, 2) moderate priority, 3) low priority and 4) eliminate, depending on the unique or rare nature of the natural plant communities. The results of the survey .found three properties that ranked as high priority to include the old stone bridge, the Department of Transportation property (north of the old prison), and the Jaycee ball field. Three properties were ranked as moderate priority to include Long Lake west, Browns Creek west and the McKusick Road site. The Stillwater Open Space .Report was submitted to the Minnesota Department of Natural Resources to be included in the Minnesota County Biological Survey. ' ~ f i ~ ~ 4 5 STILLWATER OPEN SPACE REPORT by Kathryn Malody, Botanical Consultant August, 1995 Field work was completed between the dates of 20 July, 1995 and 10 - August, 1995. The sites were surveyed for plant community type and condition. The sites were then ranked according to quality, potential and natural history I importance. Thirteen. sites were surveyed on foot and two were assessed as "driveby" (TabIc 1.) The sites surveyed can be divided into four prioritized .categories, high priority sites (rank A and/or B), large moderate priority sites (rank B/C), low priority sifts (rank C/D), eIiminated (F and NA). The high priority sifts and ' the Iarge, moderate priority sites will be discussed at length. Transcriptions ~ of the site surveys are located in the appendix. t Table 1. Survey summary and. log. Site Site Name Date Site Description Rank A .Long Lake West 7/26,8/10 Emergent marsh edge, Hardwood swamp, Mixed Site-B/C Oak B Co.Rd.12 W Eliminate ~ NA C Co.Rd.12E Eliminate NA D McKusick Rd 7/20,8/I O Old. field, :Maple/basswood, Sedge meadow, Shrub Site-C/D/F swamp E Browns Creek West 8/IO/95 Sedge _meadow, Shrub swamp, Hardwood swamp Site-B/C F Hwy 96 Driveby (didn't see much) NA 8/7 G -Old Stone Bridge 7/20/95 Maple/basswood Site-B H Brick Pond 7/26/9.5 Hardwood swamg, Sedge meadow, Emergent mazsh Site-D I Holcomb Add't 7/20/95 Maple/ basswood Site-F J Our Savior's Lush. Ch. 7/26/95 Old fields, Emergent marsh, Aspen/birch Site-C/D K Dwtn Ravines and Eliminate NA L Dept. of 8/7/95 Bluff prairie Site-B Transportation M North Hill Ravine, 7/26/95 Hazdwood swamp, Maple basswood Site-D Dist. 834 N Admundson Prop. 7/26/95 Old field, Emergent mazsh, Pine plantation Site-D O Jaycee Ball Z~ields 7/24/95 Emergent mazsh, Bluff prairie, Decodon Site-B vertici!latus FOR-A P Cooper's Add't Driveby (wetland) _NA 8/7 - Q Stillwater Country 8/7/95 Old field Site-D Club R Abuts Country Club 8/7/95 Old field Site-F }. 1 • ~ • ! { , High Priority Sites SITE G: THE OLD STONE BRIDGE (Figure I). This site represents a small jewel that should provide an amazing annual display of springtime wildflowers. The site has an old .stone bridge which is currently .listed on the Historical _ Registry. The site is characterized by steep slopes (--75%) that lead down to the narrow creek bottom. The north and south facing slopes support a Maple/Basswood (east central section) plant community. This site is High priority because of the Stone Bridge, the healthy plant diversity, and the proximity to properties of equally high quality downstream along Brown's .. Creek. In 1987, the Minnesota Natural Heritage program .recommended that the entire stretch of Brown's Creek cast of the stone bridge be preserved as a natural area and actively managed. It was noted that this ravine is a native trout fishery (Almendingcr, 1987). There is a distressing amount of buckthorn on this site. If buckthorn is allowed to continue to take over, the typical tree species of the. Maple/ Basswood .plant community will not be able to regenerate. The diversity of springtime wildflowers will be eliminated. Management concerns for this site include a concerted effort to control the .encroachment. of buckthorn. This can be accomplished. by carefully .applying a ..patent ..herbicide (i.e. Roundup) to the leaves or the cut stem/stump. Another concern is the foot traffic which, uncontrolled, is causing erosion problems around the bridge and on the slope. A possible solution is to construct a stairway down to a railed viewing platform on the southeast side of the bridge and a .similar sort of arrangement on the north slope in place of the trail access .northwest of the bridge. Trees should be cleared -from the top of the bridge and a boardwalk/pathway constructed to preserve the integrity of the structure. All foot traffic should be restricted to these managed areas. SITE L: TERRITORIAL PRISON (Figure 2). .This site is a small representative of a dry bedrock bluff prairie. Bedrock bluff prairies once had a distribution primarily on south- and west-facing slopes of the Mississippi River.. valley of Ramsey county as well. as some occurrences in .the St. Croix river valley of Washington county (Minnesota's St. Croix River Vall~v and Anoka Sandplain: a Guide to Native Habitats. 1995). These prairies are now relatively raze and are threatened by urban development and encroachment of woody vegetation. The Territorial Prison site is asouth-facing, approx. 100% slope of sandstone bluff. The plant community is dominated by side-oats grams. There is also a good diversify of flowering plants such as lead plant, .gray goldenrod, harebell, purple prairie clover, and thimbleweed. The sheer sandstone faces support cliff brake and columbine. This is prime habitat for kitten tails (Bessya bullei), a state endangered plant, though none was found at this time. This site is chosen as a High priority site due to its rarity and high quality, despite its small size. The main management concern is limiting foot traffic which, due to the slope, is not only hazardous for the plant community but also hazardous for the trespasser. There is some buckthorn present (see previous management __ approach), gray dogwood and wild plum shrubs that will need to be controlled. Residences at the top of the bluff have allowed yard wastes to slip down the bluff slope and there are some escaped cuItivars (i.e. bearded iris). 2 i ~ { '` ~M Figure 2. Map of Site L, "Tcrritorial Prison" '`_._..._. _`_ '~ V ~~~ bo zo I F 1 1 ~ _, ~ t o1r'a7o-y258o rZo .~ I ~v ~ ,so d 3 ~~ , ' zz `~- Aso . i~ ~ o9z7o z58 c ~.,.~ . '~ . ,~; a c m; ,,. _ _ - .- - - ._ Ism ~b • - _ .~ ~ Ef~S'r ~ ~ ?°RYrxs 4~ ~'"~Q ~'T~ r Ts -;. .. Z ~" ' '3a • SSATE O /Y1.1 n Nlo ~~ r' ~, 3 Figurc 1. Map of Sitc G, "Thc Old Stone Bridgc". .~ ~~ ~,~ • Figurc 3. Map of Sitc D, "Jayccc Balt Ficlds". °'• ~ 9029 - \ _\ N Q ~ 3~ , ~I ~ ~~. roy ~"'~ 9029- 1G ~ ~- ,`i'~ ~ • ~ 305P~ part of; ~. 9029-3100 2J • J-;~ ~M -~tr r, usrsa s., Mt~.,7 `„~ ~ ~ OUTLOT F 9029-~ (3J ~ - _ _, ~ ::.. ,~ ~ i 18~ / ~+ pRo ~OS+iD >~CKUS! CC K , o _ • • '--- 9029'=2950 0 a t -` 4f 1 1 ~ , i ~~ t / , ~ i . - , .c~ l.~ •~ Emergent , .. _,t•~' ~, , ie~ ' ~~ (~f'. ~ ,! ~- Marsh ~ •.~ O2, • - ,.. C~ '~ IrJ\` ,` ~~ i • •a +` / t 4 ~ s ,n ~ •\ IN O. SCHOOL Ot$TRtCT g3q pft pERTy • . ~ a ~. ~ Aspen Cion •~. Rk - ~? +:: ~ t :N _ ~ .L 9029-2100 c ~` ,~ o -„••- .., •~-- t e ~ a. ~ (iU Prairie 9 ~•... ... ».. - ~~ " ` ; . I2cgcncration 10 It t2 ~ t3 2iO •. L.. .\ ~ ~ ~ N ~ •; ~S ~ ~ t its I ~ ~~~ ; 7 ~ r' ~ .. + ~ ~r8 ~ 1 c + 3 •2 ,i ~ C s 9029-2120 ` .1 u ~ ,$ V1IE$7 _ ~ ~ ~ `h ~ i L t"' r ~ ~ ~ ,~,- u ee = ' 1 0= A2 43 44 ~~: ~~ ;. BaII Ficlds w ~ 1 .,.,, ~ .R rN 3191^ -'• t ° ' ~ ~ ~ 2 41 ~ •~ .. • I J S Lt.W4TER, DROPt:/tTY ` ~•Cente~:of ,`' 1 f _r4>,~;~-'-(L~4t0KOUT-_ Sec- 29 ~@ r_.VV ES~T. _ .~= ^ . .~ •. , ,~.: ~~ a; ~~~... _sar~s'~- .m _.... _. '~` LAKE 4 ~~ ,~ ,.'~,~ SITE O: JAYCEE BALL FIELDS (Figure 3). This site is dominated by an emergent marsh surrounded by mixed oak forest (including an aspen clone on the northeast edge) and a dry prairie on the southeastern side. There is a healthy population of water willow (Decodon verricillarus) in the Jaycee's Ball field pond as well as in the adjacent bay of McKusick Lake (visible from the old trolley .track}. This site is chosen as a High .priority site due to its diversity of good quality habitats which make it ideal for maintaining a diversity of wildlife. It is also considered High priority due to the presence of water willow (Decodon verricillarus), listed as a "species of special concern" in the state of Minncsota. Water willow (Decodon verricillarus} is the sole member of its genus. It is aot a willow but belongs to the loosestrife family. Unlike its more infamous, European cousin (purple loosestrife), it is found only in eastern North America. It is common in bogs south of the "tension zone", but is rare in Minnesota, Michigan and Wisconsin (Andreas and Bryan, 1990). A "tension zone" is defined as a boundary between floristic provinces. The Twin Cities resides in the middle of the tension zone that runs diagonally through Minnesota to the northwest corner of the stare, following the .border of the prairie and the hardwoods. 5 Figure 4. Water Willow (Decodon verricillarus). .ti. 1 tf~ Water willow (Decodon verticillatus) is a perennial with somewhat woody, recurving, four to six angled. stems (Figure 4). The magenta flowers arc found in dense clusters in the upper axils of the leaves. The fruit is a dry capsule. The lance-shaped leaves arc in whorls of three (sometimes 2 or 4). The whorls tend to concentrate on the upper side of the stem. Water willow has a stoloniferous growth habit with subsequent adventitious root formation which consequently forms a dense root-stem matrix approximately 30 cm in thickness. This typically forms a floating mat that extends into open water. The D.N.R. Natural Heritage Program has been conducting a Minnesota County Biological Survey since 1987. The data bast being. compiled contains the most complete record of the occurrences of natural communities and plants of special concern in the state. The data base contains eleven water willow sifts (Table 2). Due to the results of this study two other sites will be added to the data base (*). Table 2. The occurrence of water willow (Decodon verticillatus) in Minnesota. Site Data source (date) NW Pine County U. of MN Herbarium Twin Lakes, SE Isanti Co. DNR Nat. Her. Prog. (1990) N Hennipen County U. of MN Herbarium NW Hennipen County DNR Nat. Her. Prog. (1990) NW Washington County U. of MN Herbarium Cedar Creek NHA, N Anoka Co. U. of MN Herbarium (1986) Boot Lake SNA, NE Anoka Co. U. of MN Herbarium (1989) Coon Lake, Mid. E Anoka Co. ~ U. of MN Herbarium (1989) Rondo Lake, SE Anoka Co. DNR Nat. Her. Prog. (1990) Carlson's Mussa, N Ramsey Co. ~ ~ DNR Nat. Her. Prog. (:1.990) Wilkinson Lake, N Ramsey Co. Kathryn Malody (1992) Jaycee's Ball Field Pond, E Wash. Co. Kathryn Malody (1995)* McKusick Lake, E Washin on Co. Kath Malod 1995 Management. suggestions for the Jayccc's Bali Field site include the careful monitoring of water quality and levels in the pond and adjacent McKusick Lakc. The patch of prairie could benefit from a schedule of controlled bums to stem the encroachment of sumac and increase the vigor of the. native prairie plant species. This might be an ideal site to setup a small nature center to educate people about wetlands, prairies, and woodlands of Minnesota and the wildlife .that utilize these ecosystems. Large Moderate Priority Sites SITE A: LONG LAKE WEST (Figure 5). The western shore of Long Lake has four plant community types.. .Starting at the lake shore and traversing westward and upland, there arc narrow bands of cattail emergent marsh and hardwood swamp, mature oak woods with pot-hole ponds, and degenerated oak savanna. The diversity of habitats and the presence of dead wood and snags are important for maintaining a diversity of wildlife (i.e. water fowl, foxes, deer).-- The mixed oak woods of the mideastern portion (Staloch property) canopy is composed of pin oak ,white oak. red maple and an occasional pin cherry. There is good oak regeneration. The under story has occasional elder berry, buckthorn, gray dogwood and hazelnut. The north- and cast- facing 6 • • , 1 ~t • ~ Figure 5. Map of Site A, "Long Lake West". 7 i. „• , slopes are covered with various ferns, such as interrupted fern and lady fem. Flowering plants include jack-in-thc-pulpit, starflower, and Canada mayflower. The peninsula on .the northeastern shore (Jackson Estates) has a drier version of oak woods. There are less ferns present and wild indigo can be found on the point. The point provides an exceIlcnt view of the island nestled ~, in the western bay as well as -the western shoreline. The canopy of trees along the shore appears to be contiguous with the previously described woods of the Staloch property. Birding opportunities would be great from this point. There are some serious management concerns. The degenerated oak savanna in the midwestem part of the site (Gadicnt property) has an understory that is comprised of nearly 100% buckthorn (see previous management concerns). There is no evidence of oak regeneration for the past 20 years. The flowering plant diversity is very poor. The agricultural fields in the southern part. have been cultivated as close to the slope as possible. There is much evidence of soil erosion throughout the hardwood swamp of that area. This has negatively affected the plant diversity and may also .affect water quality. A park-like trail system, that is restricted to foot traffic only, would not only be a pleasant addition to this tract of land but may also assist in reducing the erosion problems of the southern shore (i.e. retaining .walls and plantings). SITE E: BROWNS CREEK, WEST (Figure 6). This section of Brown's creek has its origin in an extensive wetland system north west of Highway 96 and Manning Rd. The site surveyed comprised of the section south cast of this intersection. The northwestern third of this site is a nice sedge. meadow with very few shrubs. The middle third of this site has a narrower creek bottom with .fairly steep slopes down to the creek bottom. The plant community is .characterized as a hardwood swamp, seepage subtype. The southern third is a shrub swamp. The north side of the middle third appears to have been cultivated right up to the slope. The private lots on the southern third are also mowed and landscaped up to the slope. Throughout this site there is only. minor evidence of exotic plants. There is some buckthorn on the upper slopes. Treatment of .wetlands such as this one. need to be considered in the scope of a watershed (see comments concerning the Old .Stone Bridge site). The treatment of this area will have direct effects on the habitats downstream. Fertilizers from residential lots will flow into the watershed and speed up the eutrophication (greening) of the pond areas. This greening will decrease the available oxygen for fish to survive. Soils of these areas are also highly susceptible to soil erosion. Roads that are planned to span the creek will .also constrain its natural flood management abilities. This site is listed as a moderate priority site due to its all around good quality and the presence of a state listed plant downstream (in McKusick Lake) as well as high priority sites downstream.- SITE D: MCKUSICK ROAD (Figure 7). The southern portion of this site is bordered on the south by a creek with a narrow band of shrub swamp. Therc is a good diversity of flowering plants. The mideast and west portions, _ including the high knoll are old fields with very poor regeneration to prairie - vegetation. Between the old fields is a wooded area dominated by open grown maples with nearly. 100% regeneration in all age classes. There is sup;icing lack of flowering plants in this maple woods. The eastern portion is a nice sedge meadow. The portion north of the railroad tracks has been completely plowed. Poor quality fill with chucks of asphalt was brought in. There 8 i . ~ "' ' • ~ Figure 2. Map of Site D, "McKusick Road". ~ (98- 936 I - J~ 2 '-'• :'•'-: . e McKU ICK zx3o zxoo ~ro ~ i ce' ~ ~ 2 nen _ (9 8-93419= Ao0 V::' . Cl ( 2670 2030 U z1o~ ~: 2650 J -- - - icld \ •~• • •~• .' apse" . ~. . .• 0 ~. Shrub Swamp 2170 ` f Feid 22so ~.~••_.~ z 1 Sedge ~ 2060 F Meadow ~ O Z .~~ ~ ~ r~ 9 Figure 6. Map of Site E, "Browns Creek West". 4`r ~ 7 ^ ~. , appears to be an aborted attempt at the construction of an abatement pond. The result is a small mud flat with a flock of Canadian geese and no natural vegctation. The high diversity of habitats has a positive influence on animal populations. There are numerous deer bedding sites and gopher mounds in the old fields. Birds, amphibians and reptiles are also abundant. A large (7 inch shell) female painted turtle was assisted crossing the road at this sift. .This site is classified as moderate priority due to its diversity of habitats and the obvious benefit to wildlife despite to poor quality of some of the plant communities. REFERENCES Almendinger, John (198?). Minnesota- Natural Heritage Program Project Evaluation: Brown's Creek. MN DNR. Andreas, B.K. and G.R. Bryan (1990). The. vegctation of three Sphagnum- dominated basin-type bogs in northern .Ohio. Ohio J. Sci. 90(3):546b. . Wovcha, D.S., B.C. Delaney, and G.E. Nordquist (1995). Minnesota's. St. Croix River Valley and Anoka Sandplain: a .Guide to Native Habitats. State of Minnesota Department of Natural Resources. 10 -• ~' ,~ APPENDIX TRANSCRIPTIONS OF SITE SURVEYS A. "Long Lake West ": "Oak Savanna" (Gadient's property} -Canopy of Pin Oak and White Oak with interrupted canopy. Oaks are mature and open grown indicating a savanna-like habitat at one time. The shrub-layer is nearly continuous buckthorn with occasional gray dogwood (C. racemosa) and hazelnut. Occasional paper birch near pot-hole ponds and Quaking Aspen on the western edge. Ground layer contains a few oak seedlings and numerous ' buck thorn. .Lady fern is common with occasional sensitive fern in openings. Other forbs present include Tick trefoil (Desmodium glutinosum), Enchanter's Nightshade (Circae quadrisulcata). Also present are grapes and Virginia creeper and some poison ivy. Old field borders are dominated by brome grass . and Kentucky bluegrass. Also present arc spotted knapweed, spotted St. ' John'swort, goldenrod and birdsfoot trefoil. "SW shore" (Staloch's property)- The lake has extensive Nymphea tuberosa.. There is a narrow margins of cattails. The banks have boxelder on the lower edge and open .grown mature/old ,oaks (bun and pin). Thcrc are cultivated fields to the top. of the bank. Erosion from the fields is evident. Open areas on the margin have stinging nettles and touch-me-nots. The understory comprises of buckthorn, Ribes cynosbati and elderberry. The pond at the northeastern portion of the property has a raised mound (not floating) of rushes, sedges and avow-leaf. The pond is surrounded by' red maples and white oak. The ground is covered by Canada mayflower and - starflower. The north western. portion of the property is mixed oak. The canopy consists of pin oak, .red maple, boxelder, white oak and occasional black chcny. The north and east .facing. sIopcs have extensive fern cover (interrupted, lady, sensitive). The shrub layer consists of elderberry with some buckthorn. "Jackson estates peninsula" -Nice habitat for binding. The canogy consists of oaks (red, white, pin and bun} red maple. The understory has buckthorn and Ribies cynosbati. There is wild .indigo at .the bench on the peninsula tip. Rank = B/C/D B. NA C. NA D. "MeKusick Rd." -The south portion of D, "McKusick Rd" is bordered on the south by a creek with a narrow .band of shrub swamp. The shrub swamp -is dominated by red osier dogwood and reed canary grass. There are also sedge hummocks (Caren stricta). There is a good diversity of forbs: swamp milkweed, spotted Joe-pye weed, sensitive fern, marsh fern (Thelyptris palustris), Jerusalem artichoke, Stachys palustris and touch-me-nots. The east and west portions, including the high knoll arc old fields with poor regeneration. There is a marked lack of native bunch grasses. I saw one bunch of big blue stem among the brome grass and Kentucky blue. The forbs are dominated by goldenrod (Solidago gigantea) with abundant spotted knapweed, wild bergamot and flowering spurge. The ground is covered in areas by creeping Charlie and wild strawberries. Between the old fields is a wooded area dominated by open grown maples (Ater saccharum and A. saccl:ariRUm). There is nearly 100% regeneration of the maples in all age classes. The shrub-layer also includes some elderberry and gooseberries. Except for an amazing specimen of 11 '.' r- • • Solomon's seal and a few hemp, the fortis are sparse. There arc sonic juniper and buckthorn invading the western oId field which threaten the prairie regeneration. Buckthorn seedlings arc .also evident in the wooded area. The diversity of habitats has a positive influence on animal populations -there are numerous active gopher mounds, deer bedding sites and trails, birds, amphibians, reptiles. One large, --7 inch shell, female painted turtle was observed. The north side of the tracks have been completely trashed for dumping old fill and a wetlands "reclamation" project. E. "Brown's Creek West" -The north end of the creek is a nice sedge meadow with emergent vegetation. The middle third is cultivated right up to the northern slope and the sou them slope has small private residential lots also up to the slope. The crcek bed at this point is narrow and of hardwood swamp circumneural seep subtype. The southern third is shrub swamp. Minor influence of .exotics. Heat exhaustion curtailed this visit. Rank = C F. "Hwy 69" - driveby -didn't see much. G. "Old Stone Bridge" -The north side of the crcek is Maple-Basswood with an amazingly rich fotb layer: Actea rubra and A. alba (in fruit), Caullophyllum, Trillium, Jack-in-the-pulpit, 'wild ginger, bloodroot and ferns (shield, lady, fragile). The canopy consisu of basswood and boxclder. The shrub-layer contains a distressing amount of buckthorn and some prickly ash, but it has not negatively affected the forb layer yet. Abundant and healthy .poison ivy indicates foot-traffic disturbance. This. is a beautiful site. Rcpcat visit for photos. Rank = B H. "Brick. pond" -There is a .hardwood swamp on the S.E. side of the property. Boxelder dominates the canopy. Shrubs include Japanese honeysuckle, elderberry, gray dogwood and buckthorn. -Fortis are sparse. The wetlands along the .crcek are nearly 100% reed canary grass with some rushes. There is a stand of slender willow. invading the S.E. portion. Brick pond is lined with cattails and. has some duckweed. There are sortie mature red oak on the upper slopes. There appears to be fair regeneration in the ground Iaycr but heavy deer browse may affect the middle age classes. Deer signs are plentiful and also some possible fox dens. Rank = D I. "Holcomb addition"- Site I is a small ravine remnant. There is no evidence of water flow, though the ground is well saturated. The sparse herb layer consists primarily of Jack-in-the-pulpit, violets, creeping Charlie, occasional patches of lily-of-Lhe-valley and daylillies at the western edge. The shrub- layer consists of gooseberries (Ribes cyrcosbati and R. hirtellum) and elderberry. The canopy of green ash, elm and boxclder is continuous. There is a black locust located in the west central portion. This site has evidence of a high IeveI of disturbance. Dumping is a problem at this site- yard wastes, _ compost, wheel rims, broken glass, plastic bags... Buckthorn is not acommon - understory shrub but there is evidence of numerous seedlings with will be a problem in the near future. Rank = F 12 t, ; ~7 ' J. "Our Savior's Lutheran Church" -There is an aspen clone on the S.W. side of the emergent marsh. The ground cover is dominated by Kentucky bluegrass. There is a healthy population of Hooker's Orchis in fruit. There are also goldenrod and some red maple seedlings, Indian tobacco, Geum, and Virginia creeper. Shrubs include many honeysuckle, boxelder, dewberries and gray dogwood. The oid fields have a carpet of Kentucky bluegrass and in some places brome grass too, with clones of soIidago. There aze .scattered Solomon's -seal and clumps of wild plums and massive smooth sumac clones. There is spotted St. John'swort and spotted knapweed. Evidence of animal activity include deer trails, fox scat, and gopher mounds. Rank = C/D K. NA L. "Dept. of Transportation" -The south facing slope of sandstone bluff contains a bluff prairie. This is characterized by big bluestem, side oats grams, bastard toadflax, gray goldenrod, Amorpha canescence, Panicum sp., thimbleweed, Viola pedataftda, Petalostemum purpureum, and virgin's bower at the western edge. Cliff .brake and ..columbine grow on .the sheer sandstone faces. This is a nice bluff prairies It is a perfect habitat for kittentails, Bessyd buIlei (a state listed plant), but none were found. .Threats to this site include leafy spurge, shrub patches of buckthorn, juniper, and dogwood (Corpus rugosa). Residences at eastem top of .the bluff have let some yard wastes slip down the bluff slope and there are some escaped cultivazs. Rank = B M. "North Hill Ravine, Dist. 834" -North facing slope of the ravine.. outlet from Lake McKusick. Creek bed is sandy bottom. Lower .slope is hardwood swamp with ashes as the dominant canopy tree. The shrub-layer comprises.. of gooseberries (Ribes hirtellum), blackberries, buckthorn, and prickly ash. The forb layer has large patches of naturalized daylillics and lily-of-the-valley on the upper slopes. There are also touch-me-pots, hairy willow-herb (Epiloblum hirsutum) and some Jack-in-the-pulpit .and poison ivy. .:The openings of the upper slope are dominated by Kentucky bluegrass and smooth sumac. Pin oaks and some sugar maples are on .the upper.. slopes. ..There is .evidence of numerous deer bedding sites and birds. There is .evidence of some dumping taking place (tires, broken glass, cement sIabs...). Rank = D N. Admundson Property" - This site is north of the Stonebridge school. The upland eastern portion has a couple acres of planted red pine (approx. 30-SO years old) with an occasion al spruce. The understory/shrub-layer is predominantly elderberry, with some thimbleberry, gooseberries and occasional saplings of black cherry and boxelder. The forb layer is sparse with occasional poison ivy. Also present are grapes and Virginia creeper. A shallow pond is located in th e center of the site. It is ringed with recd canary grass and has no notable emergent vegetation. The oId fields on the west and north end are dominated by brome grass, Kentucky bluegrass and milkweed , (Asclepia syiaca). There is evidence of deer activity in the fields and diverse- -_ birds (nuthatches, chickadee, goldfinch, bluebirds) due to the diverse habitats. There are also Iarge holes in the slope east of the pond, possibly fox dens. Rank = D 13 _ _,~'-t _~ O. "Jaycee Ball Fields" -The emergent marsh dominates the north central and northwestern portion of the site. Cattails provide nearly 100% covcr~ except for open areas of water which arc edged with abundant Decodon verticillatus (EOR) and some swamp milkweed. The open water has duckweed and common bladderwort -(in flower). Care should. be taken when dealing with the hydrology of this site. The prairie on the knoll east of the emergent march includes big bluestem and little bluestem with some Kentucky bluegrass. .The forbs include goldenrod (Solidago altissima) and whorled milkwort, bastard toadflax and culver's root. Smooth sumac and dogwood are invading. The green herons are very active. Rank = B (EOR = A) P. "Cooper's Addition" - Driveby: The emergent mazsb is dominated by cattails with some duckweed and large leafed dock. The residents have mounted wood duck houses. Are these active? The emergent marsh is surrounded by hardwood swamg of boxelder and quaking aspen. Rank =none Q. "Stillwater Country Club" -Old field. regenerating to prairie. The soil is covered by a mat of mosses. There. arc numerous .pussy .toes and Hooker's orchis. There is a thick Solidago clone (S. canadensis) and plentiful Queen Ana's lace, with occasional black-eyed Susan, rough-fruited cinquefoil,, sheep sorrel and thimbleweed. The dominant grass is Kentucky bluegrass. Rank = D R. "Abuts Country Club" -The fields are cultivated with corn, timothy hay and some cabbage relative. Rank = F 14 • In Re: The Orderly Annexation Agreement Between the Ciry and Town of Stillwater Effective August 16, 1996 THE AREA DESIGNATED AS IN NEED OF ORDERLY ANNEXATION Beginning at a point where the centerline of 62nd Street North (formerly the Long Lake Road) intersects the Westerly right-of--way line of C.S.A.H. No. 5 (formerly the Stillwater St. Paul Road); thence South along the Westerly right-of--way line of C.S.A.H. No. 5 to the South line of the Southeast Quarter of Section 31, T30, R20; thence West along the South line of Sections 32 and 31, T30, R20 to the Southwest corner of Section 31, T30, R20; thence North along the West line of Sections 31, 30 and 19, T30, R20 (which line is the centerline of C.S.A.H. 15 also known as Manning Avenue North) to the Northwest corner of Section 19, T30, R20 (a point in the centerline of State Highway 95 also known as Dellwood Road North); thence East along the centerline of State Highway 95 to a point where the West line of Lot 1, Block One, Oak Glen 10th Addition extended to the North intersects the centerline on State Highway 95; thence South along the East line of Block 1, Oak Glen 10th Addition to the Northeasterly corner of Lot 13, Block 1, Oak Glen 8th Addition; thence west along the North line of Lots 13, 11, and 10, Block One, Oak Glen 8th Addition to the Northwest comer of Lot 10, Block 1, Oak Glen 8th Addition; thence South along the West line of Block One and Block 2, Oak Glen 8th Addition to a point where the line intersects the North line of Lot 6, Block 2, Oak Glen 5th Addition; thence West along the North line of Lots 6, 5, 4, 3, 2, and One, Block 2, Oak Glen 5th Addition, to a point where the line as extended to the West intersects with the West right-of--way line of Neal Avenue North; thence South along the West right-of--way line of Neal Avenue North to a point where the Westerly right-of--way of Neal Avenue North is intersected by a Westerly extension of the North line of Lot 1, Block One, Trolley Trail Acres; thence East along the North lines of Block One, Trolley Trail Acres and Valley High Estates to the Northeast corner of Block One, Valley High Estates; thence South along the Easterly line of Block 1 • • One, Valley High Estates to a point where the East Line is intersected by the Southwest corner of Outlot X, Oak Glen; thence Southeasterly along the Southwesterly lines of Outlot X, Oak Glen and Lot 1, Block 1, Oak Glen 4th Addition to a point where the line is intersected by the West line of Lot 17, Block One, Wild Pine 4th Addition; thence South along the West line of Block One Wild Pines 4th Addition and Outlot A, Wildwood Fifth Addition to the centerline of Boutwell Road North; thence Southeasterly along the centerline of Boutwell Road North the North line of Lot One, Block One, Pine Hill Estates extended Easterly; thence West along the North line and South along the West line of Block One, Pine Hill Estates to the South right-of--way line of C.S.A.H. No. 12; thence West along the South right-of--way line of C.S.A.H. No. 12 to a point in the East half of the East Half of the Northeast Quarter of Section 30, T30, R20, where the South right-of--way line is intersected by the following described line: beginning at the Southwest corner of the East Half of the East Half; thence on an assumed bearing North 89° 03 minutes 06 seconds East along the South line of the East half a distance of 185 feet; thence North 2° 40 minutes East I00 feet; thence North 2i ° 40 minutes East 90 feet; thence North 49° 40 minutes West to the South right-of--way line of C.S.A.H. No. 12 (which is the point of intersection); thence continuing along the bearing North 49° 40 minutes West a distance of 200 feet; thence North 30° 10 minutes West to the North .line of C.S.A.H. No. 12 to a point intersected by the East line of the East 80 feet of the East half of the East Half of the Northeast Quarter of Section 30, T30, R20; thence North along the East line of the West 80 feet a distance of 720 feet; thence West a distance of 80 feet to the West line of the East Half of the East half of the Northeast Quarter; thence North along the East line to a point 1410.25 North of the South line of Northeast corner of Sec. 30, T30, R20; thence West a distance of 70 feet to a point on the east line of Lot 5, Block Two, Boutwell Valley Estates; thence South along the East line of Block Two, Boutwell Valley Estates as extended to the North right-of--way line of C.S.A.H. No. 12; thence West to a point where the North line of C.S.A.H. No. 12 intersects the following described line: beginning at the Southeast corner of the West half of the East half of the Northeast Quarter of Section 2 30, thence West along the South line a distance of 425 feet; thence North 30° 00 minutes East 240 feet; thence North 60° 40 minutes East 175 feet; thence North 43° 40 minutes to the North right-of--way line (which is the point of intersection); thence South and West along the line just described to a point on the South line of the Northeast Quarter that is 425 feet East of the Southeast corner thereof; thence East along the South line of the North Half of Section 30, T30, R20 to the Northwesterly corner of Outlot B, Croixwood 7th Addition; thence Southwesterly along the Westerly line of Outlot B, as extended to a point where this line intersects an Easterly extension of the North line of Cochrane's Long Lake Addition; thence West along the North line of this. addition to the centerline of Mid Oaks Avenue North; thence Southwesterly along the centerline of Mid Oaks Avenue North to a point where the centerline intersects a Northerly extension of the West line of Lot 8, Block One, Cochrane's Long Lake Addition; thence South along the West line of Lot 8 to the South line of Section 30, T30, R20; thence West along the South line to the West line of the East half of the North half of Section 31, T30,R20; thence South along the West line to the South line of the North half of Section 31; thence East along the South line of the North Half (this line also being the North line of Long Lake. Estates, and Long Lake Estates Second Addition} to the Westerly right-of--way line of C.S.A.H. No. 5; thence Southwesterly along the Westerly line of C.S.A.H. No. 5 to a point intersected by a line described as follows: beginning 130.90 feet South of the Northeast corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4); .thence North 82° 58 minutes West 1337.70 feet to a point 33 feet North of the Northwest corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section 31; thence Northwesterly along the line just described until this line intersects the North line of the SE 1/4 of the SE 1/4 of Section 31; thence South and parallel to the West line of the Quarter Section to the centerline of 62nd Street North (formerly known as the Long Lake Road); thence Southeasterly along the centerline of this road to the Westerly right-of--way line of C.S.A.H. No. 5, the point of beginning. and 3 • ~ That part of the East half of Section 20, T30, R20 lying Easterly of the centerline of C.S.A.H. No. 5 (also known as Stone Bridge Trail North), that lies South of the Northerly right-of--way line of the Minnesota Zephyr Railroad right-of--way; and That part of the West Half of Section 21, T30, R20 described as follows: beginning at a point where the centerline of C.S.A.H. No. 5 intersects the North line of Cooper's Addition extended to the West; thence East along the North line of Cooper's Addition to the East line of Minnesota Street extended to the North; thence North along the East line of Owens Street as extended to the North line of the South Half of Section 21; .thence East along the North line to a point 361.25 feet West of the East line of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4); thence North along a line extended Northerly from that point to the Northerly right-of--way line of the Minnesota Zephyr Railroad right-of- way; thence West along the North right-of--way line to the West line of Section 21, T30, R20; thence South along the West line to the centerline of C.S.A.H. No. 5; thence Southeasterly along the centerline to the point of beginning. and That part of the Southwest Quarter of the Northeast Quarter (SW 1/4 o NE 1/4) of Section Twenty (20), . in Township Thirty (30) North of Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at a point on C.S.A.H. No. 5 centerline where the centerline is intersected by the North right-of--way line of the Minnesota Zephyr Railroad Tracks; thence South along the centerline of C.S.A.H. No. 5 to the intersection with an Easterly extension of the North line of Lot 4, Block One, Oak Glen; thence West along the North line of Block One, Oak Glen to a point 170 feet West of the West right-of--way line of C.S.A.H. No. 5; thence North 28 degrees 31 minutes 20 seconds West to the North right-of--way line of the Minnesota Zephyr Railroad 4 • ~ Tracks; thence East along the North right-of--way line to the centerline of C.S.A.H. No. 5 which is the point of beginning. The area designated as "In Need of Orderly Annexation Area" is 1190 acres. 5 • ~ In Re: The Orderly Annexation Agreement Between the Ciry and Town of Stillwater Effective August 16, 1996 PHASE I. Beginning at a point where the centerline of 62nd Street North (formerly the. Long Lake Road) intersects the Westerly right-of--way line of C.S.A.H. No. 5 (formerly the Stillwater St. Paul Road); thence South along the Westerly right-of--way line of C.S.A.H. No. 5 to the South line of the Southeast Quarter of Section 31, T30, R20; thence West along the South line of Sections 32 and 31, T30, R20 to the Southwest corner of Section 31, T30, R20; thence North along the West line of Sections 31 and 30 (which line is the centerline of C.S.A.H. 15'also known as Manning Avenue North) the North right-of- way line of C.S.A.H. No. 12 (also known as 75th Street North), then East along the North right-of--way line to a point where the North line of C.S.A.H. No. 12 intersects the following described line: beginning at the Southeast corner of the West half of the East half of the Northeast Quarter of Section 30, thence West along the South line a distance of 425 feet;. thence North 30° 00 minutes East 240 feet; thence North 60° 40 minutes East 175 feet; thence North 43° 40 minutes to the North right-of--way line (which is the point of intersection); thence South and West along the line just described to a point on the South line of the Northeast Quarter that is 425 feet East of the Southeast corner thereof; thence East along the South line of the North Half of Section 30, T30, R20 to the Northwesterly corner of Outlot B, Croixwood 7th Addition; thence Southwesterly along the Westerly line of Outlot B, as extended to a point where this line intersects an Easterly extension of the North line of Cochrane's Long Lake Addition; thence West along the North line of this addition to the centerline of Mid Oaks Avenue North; thence Southwesterly along the centerline of Mid Oaks Avenue North to a point where the centerline intersects a Northerly extension of the West line of Lot 8, Block One, Cochrane's Long Lake Addition; thence South along the West line of Lot 8 to the South line of Section 30, T30, R20; thence West along the South line to the West line of the East half of the North half of Section 31, T30,R20; thence South along the West line ~ ~ to the South line of the North half of Section 31; thence East along the South line of the North Half (this line also being the North line of Long Lake Estates, and Long Lake Estates Second Addition) to the Westerly right-of--way line of C.S.A.H. No. 5; thence Southwesterly along the Westerly line of C.S.A.H. No. 5 to a point intersected by a line described as follows: beginning 130.90 feet South of the Northeast comer of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4); thence North 82° 58 minutes West 1337.70 feet to a point 33 feet North of the Northwest corner of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section 31; thence Northwesterly along the line just described until this line intersects the North line of the Se 1/4 of the SE 1/4 of Section 31; thence South and pazallel to the West line of the Quarter Section to the centerline of 62nd. Street North (formerly known as the Long Lake Road); thence Southeasterly along the centerline of this road to the Westerly right-of--way line of C.S.A.H. No. 5, the point of beginning; and That part of the East half of Section 20, T30, R20 lying Easterly of the centerline of C.S.A.H. No. 5 (also known as Stone Bridge Trail North), and South of the Northerly right-of--way line of the Minnesota Transportation Museum Railroad Tracks; and That part of the West Half of Section 21, T30, R20 described as follows: beginning at a point where the centerline of C.S.A.H. No. 5 intersects the North line of Cooper's Addition extended to the West; thence East along the North line of Cooper's Addition to the East line of Minnesota Street extended to the North; thence North along the East line of Owens Street as extended to the North line of the South Half of Section 21; thence East along the North line to a point 361.25 feet West of the East line of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4); thence North along a line extended Northerly from that point to the Northerly right-of--way line of the Minnesota Zephyr Railroad right-of- way; thence West along the North right-of--way line to the West line of Section 21, T30, R20; thence 2 • • South along the West line to the centerline of C.S.A.H. No. 5; thence Southeasterly along the centerline to the point of beginning. Except for the following described property: a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31-030-20-32-0001 and 31-030.20-34-0001 Owners: Alvin and Helen Bergman Described as: The Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of Section 31, T30, R20 and the West half of the Southwest Quarter (W 1/2 of SW 1/4) of Section 31, T30, R20 West. b. 1223 - 62nd Street North Parcel Number 31-030-20-34-0002 Owner: Paul Bergman ' Described as: The East Two hundred seventy (270) feet of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) and the West three hundred Thirty (330) feet of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) lying North of a line parallel to and Seven Hundred (700) feet North of the South line of Section Thirty-one (31), Township Thirty (30) Noah, Range Twenty (20) West, Stillwater Township, Washington County. c. 7143 Manning Avenue Parcel Number 30-030-20-33-0001 Owners: Robert M. and Ann S. Jordan Described as: All that part of the Southwest Quarter of the Southwest Quarter, Section 30, Township 30 North, Range 20 West of the 4th Principal Meridian, described as follows: Commencing at the southwest comer of said Section 30; thence North 00 degrees 46 minutes 51 seconds West, grid bearing, Minnesota State Coordinate system, Southern zone, (recorded as N 00°37 00" E) along the west line of said Southwest Quarter of the Southwest Quarter, a distance of 390.00 feet; thence South 89 degrees 31 minutes 26 seconds East, (recorded as S 88°07'32" E) a distance of 60.00 feet; thence North 18 degrees 02 minutes 04 seconds East, (recorded as N 19°25'28" E) a distance of 160.00 feet to the point of beginning of the parcel to be described; thence North 73 degrees 41 minutes 36 seconds West, (recorded as N 72° 17'42" W) a distance of 210.30 feet; thence North 59 degrees 16 minutes 08 seconds West, (recorded as N 57°52'10" W) a distance of 277.77 feet to the west line of said Section 30; thence North 00 degrees 46 minutes 54 seconds West, along said west line, a distance of 310.43 feet; thence North 89 degrees 13 minutes 06 seconds East, a distance of 550.88 feet; thence South 11 degrees 32 minutes 29 seconds West, a distance of 529.72 feet to the point of beginning. 3 ~ ~ d. 7135 Manning Avenue Parcel Number 30-030-20-33-0002 Owners: Ralph E. and Kimberly A. Stowell Described as: A tract of land in the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Thirty (30), in Township Thirty (30) North, of Range Twenty (20) West, in Washington County, Minnesota, said tract of land being described as follows: Starting at the Southwest Corner of Section Thirty (30 and proceeding north along the westerly line of Section Thirty (30) whose bearing is N 00 degrees 37 minutes 00 seconds East, a distance of Three Hundred Ninety (390.00) feet to the point of beginning; thence S. 88 degrees 07 minutes 32 seconds East, a distance of Three Hundred Eighty-five (385.00) feet, thence N. O1 degrees 52 minutes 38 seconds East a distance of Sixty (60.00) feet, thence N. O1 degrees 52 minutes 28 seconds East a distance of One hundred Sixty (160.00) feet, thence N. 72 degrees 17 minutes 42 seconds W a distance of Two Hundred Ten and Thirty Hundredths (210.30) feet, thence N. 5? degrees 52 minutes 10 seconds W a distance of Two Hundred Seventy-seven and Seventy-seven Hundredths (277.77) feet to a point on the westerly line of Section Thirty (30), thence S. 00 degrees 37 minutes 00 seconds W along the westerly line of Section Thirty (30) a distance of Four Hundred Ten (410:00) feet to the point of beginning. e. 6731 Manning Avenue Parcel Number 31-030-20-23-0001 Owner: Rosalie Gadient Described as: The Southwest Quarter of Northwest Quarter (SW 1/4 of NW 1/4) of Section 31, T30, R20. The area in Phase I is 611.74 acres. 4 2013 BUDGET CALENDAR April 2012 Finance Department begins budget process by preparing projected wages and benefits and insurance costs for the upcoming fiscal budget year. May 1, 2012 The proposed budget calendar, the budget workshop meeting dates, and the date for the adoption of the proposed budget and tax levy are considered and approved by Council. May 11, 2012 (tentative) Council to set priorities for the 2013 budget May 21, 2012 Budget worksheets are distributed to Department Heads for completion June 8, 2012 Completed budget worksheets are due to the Finance Department. The Finance Department assembles the preliminary budget information. June 23 through July 25, 2012 The City Administrator meets with Department Heads to review budget requests and makes recommendations regarding the budget. July 31 —August 31, 2012 Council, during a budget workshop session, meets with the City Administrator and Department Heads to review the recommended budget requests. The following is a list of Tuesdays between July 31 and August 31, 2012: July 31, 2012 4:30—6:00 pm (this night is a regularly scheduled meeting) August 14, 2012 4:30—to be determined or August 21, 2012 4:30—to be determined August 22—August 29 , 2012 The Finance Department makes budget revisions and prepares the final proposed budget for future Council adoption. September 4, 2012 and September 11, 2012 (if needed) Council adopts the proposed budget, the proposed tax levy and sets the Truth-n- Taxation hearing dates. (Note: there are not many date options to choose from as the proposed budget and the proposed levy are due to the County Auditor by September 15. • September 4, 2012 is a regularly scheduled meeting and September 11, 2012 is an "off week" Tuesday. Prior to September 15 The proposed budget, the proposed levy and the Truth-n-Taxation hearing dates MUST BE certified to the County Auditor no later than September 15, 2012. November 2012 The County to send out Truth-n-Taxation parcel specific notices (proposed budget). November 20, 2012 (tentative) Notice of the Truth-n-Taxation public hearing date is announced. December 4, 2012 (date will be certified in September) Council to hold the Truth-n-Taxation public hearing on December 4, 2012. A presentation of the proposed budget is made by the City Administrator. December 4 or 18, 2012 (dependent on Council Decision on December 4) Council to adopt the final budget and the final tax levy. PRIOR to DECEMBER 30, 2012 The adopted budget and the adopted tax levy MUST BE certified to the County Auditor and the MN Department of Revenue by December 30, 2012. Iii • III VI •f rl CITY COUNCIL MEETING MINUTES April 17,2012 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the April 3, 2012, regular and recessed meeting minutes. All in favor. OPEN FORUM Norm Steere invited Councilmembers, staff and the community to attend showings of the Oscar-nominated short subjects at the parish hall of Ascension Episcopal Church the week following the Council meeting. He indicated that this is the second program sponsored by the Stillwater Downtown Theater Group; the goal of the group is to have a theater downtown, he added, for the betterment of the community and to foster economic development. He noted that music, film and dramatic programs are planned, as well as community gatherings. He `tlkanked Ascension Church for the use of its facilities, Johnny's TV for the use of its equipment and Summer Tuesday's for the use of its screen. Bob Sitko, 13042 10th St. N., West Lakeland Township, who teaches beekeeping at Century College, expressed his concern about the City's ordinance dealing with beekeeping. He pointed out that the current ordinance limits beekeeping in the City to one hive, and restricts the placement to 500 feet from the neighboring property lines, which would require about 20 acres of land. He noted the City has started looking at revising its ordinance and encouraged the City to continue that process, stating many people are interested in beekeeping. He talked about some practices to control the bees. City Council Meeting April 17,2012 Betsy Glennon, 812 Harriet St., and Elizabeth Welty, 724 Oak St. W., stated they had taken beekeeping courses and had contacted their Council representative when they looked at the City ordinance and saw how restrictive it was. Ms. Glennon reported that the University of Minnesota entomology department recommends a 25' setback from property lines; she added that beekeeping is a wonderful hobby for the environment and for any green efforts in Stillwater, as well as for gardens. Ms. Welty provided that there are four federated garden clubs in Stillwater, as well as a number of neighborhoods clubs, and added that all of the gardens, as well as fruit trees and grape vines need pollinators. Ms. Welty stated she thought there would be a lot of support for the ordinance change. Mayor Harycki asked if any of the model ordinances address the potential for allergic reactions to bee stings, and Ms. Glennon responded that these are honey bees and are historically more docile than hornets and wasps. Ms. Glennon added that honey bees do not attack people unless the bee feels the hive or the bee itself is under attack. Community Development Director Turnblad spoke about the St. Paul ordinance, which requires a prospective beekeeper to obtain permission from neighboring residences within certain proximity. There was some discussion of the history of the City's ordinance. Mayor Harycki stated he would be interested in learning about other communities' ordinances. On a question by Councilmember Roush as to the possibility of a cooperative effort located in a rural location, Ms. Glennon replied that there are many different reasons for interest in beekeeping, and that she is primarily interested in it as a hobby so it would be preferable to have the hives in close proximity. Ms. Welty stated she, too, is interested in this as a hobby and teaching tool for her children, so proximity is important. It was decided to have Mr. Turnblad put together some information regarding other ordinances. STAFF REPORTS Chief Gannaway reported that it was Severe Weather week, and gave the schedule for the sounding of the warning sirens. He noted there is a glitch with one of the City's sirens that hasn't been repaired pending receipt of the necessary parts. Chief Glaser provided an update on the armory/fire station project. He told the Council the state designer selection board selected its preferred firm from a list of 10 that submitted RFPs. He indicated that the next step in the process is to negotiate a contract, with the design process to begin in late May. City Clerk Ward referred to her memo regarding special events. She reported that in 2011, there were approximately 40 events that were reviewed by staff, some of which also were reviewed by boards/commissions; those with contracts came to the Council for action. She noted there were four items on this Council agenda for possible approval. Councilmember Polehna inquired if the process was getting overwhelming, and Ms. Ward described the staff review process and the time involved. Councilmember Polehna expressed concern about the amount of staff time involved. Page 2 of 9 City Council Meeting April 17, 2012 City Administrator Hansen indicated that the current process works well for the smaller events, however, for the bigger events, staff follows the special event policy that was developed recently, which can be somewhat cumbersome. Councilmember Cook suggested that the issue of special events deserves a larger conversation and is one of her priorities for discussion at the upcoming Council retreat session. City Administrator Hansen talked about the problem of changes to events (event creep) after approval, and he agreed that larger discussion would be helpful. Public Works Director Sanders informed the Council he had contacted the two watershed organizations regarding a possible contribution to the lakes vegetative management plan. He pointed out that the Middle St. Croix WMO has agreed to contribute about $9,000, and that the Brown's Creek Watershed Board doesn't meet until May 9. He also stated the consulting firm, Wenck, has agreed to reduce the neighborhood meeting cost by $2,500. Mr. Sanders told the Council that the Corps' consultant will have plans ready for review by April 24, and that the Corps is proceeding with the project. City Administrator Hansen reported that closing on the bond sale took place the day of the Council meeting, with the money received and placed in the appropriate funds. CONSENT AGENDA 10. Resolution 2012-061, directing payment of bills 11. Possible approval of purchase of updated Building Dept. workstation 12. Resolution 2012-062, a resolution approving the abatement of certain special assessments Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings. UNFINISHED BUSINESS None. NEW BUSINESS Possible approval of annual parking permit for Stillwater Trolley Community Development Director Turnblad reviewed the recommended fees for the annual permit, and indicated the recommendation is to keep the same fee of$3 per day per space for a total of$1,290 for the two on-site spaces for the season. Page 3 of 9 City Council Meeting April 17, 2012 Councilmember Polehna wondered if this had gone to the Downtown Parking Commission for recommendation, and Mr. Turnblad replied that it did not, and that nothing has changed from the previous year. Robert Raleigh, owner of the Stillwater Trolley, thanked the Council for their continuous support over the last 25 years. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the annual permit with the recommended fee. All in favor. Discussion and possible approval of: Stillwater 10 mile, 5K, Kid's one mile, & Toddler Event& Contract — Saturday, July 21, 2012 — Mastel Event Management LLC — Brian Mastel and Stillwater 10 mile &5K Event & Contract — Saturday, July 14, 2012 — Front Runner Events — Randy Fulton Brian Mastel, 4316 Upton Ave. N., Minneapolis, reviewed the request for his event, and noted that the kids' events are something he might like to do in the future; he noted that he would be limiting the event this year to the 10 mile and 5K races. He stated the 10 mile would start near Square Lake and finish south of the lift bridge on the riverfront walkway. Community Development Director Turnblad indicated that contracts have been prepared for this event and the next one to be considered. On a question by Councilmember Cook regarding times, Mr. Mastel answered that with an 8 a.m. start time, the last racer should be finished about 10:30, so everything could be cleaned up by noon. On another question regarding the number of participants, Councilmember Cook questioned the scheduling of identical races on consecutive weekends. Mr. Mastel replied that he has had conversations with the other organizer and agreed that the running community is not likely to fully support back-to-back weekends of an identical race. Mr. Mastel noted that the Minneapolis Park Board recently adopted a policy that only two parkways a month can be closed or the same parkway can only be closed twice a month. City Administrator Hansen stated staff questioned the back-to-back scheduling, but there is nothing in the policy that would allow denial by staff; staff just has to process the request(s). Councilmember Roush asked if public safety assistance would be required and who would pay for that; Chief Gannaway responded that he would work with the applicant to figure out where traffic control will be needed and the cost involved, which will be paid by the applicant. Chief Glaser noted that weather and the number of runners changes the entire dynamics of such an event, facts that aren't known when an event is approved. Mr. Mastel stated he was race director of the Twin Cities Marathon for a number of years and is experienced in emergency planning and public safety planning; he noted plans are always based on a worst case scenario. Councilmember Cook noted the City Council hasn't really seen the new special events policy in action in terms of the larger events and again spoke of the need for further discussion. She stated she sees these events tied with the overall community event of Lumberjack Days. She spoke of the confusion as to what the moratorium on Lumberjack Days entailed and she thought these events fall in that same category. Councilmember Cook expressed that she would favor taking a break for time to discuss the issue as a Council. Page4of9 City Council Meeting April 17, 2012 Mayor Harycki spoke of the burden with back-to-back events and indicated that he didn't know if that was an equitable way to choose one over the other. Councilmember Menikheim stated he could vote for one,but not two of the races, and that he was most concerned about the impact on City staff. Councilmember Polehna questioned how to differentiate between the two requests and he also suggested that City fees are very low. Councilmember Cook reiterated that she would consider the races part of Lumberjack Days and subject to the moratorium as a way of denying both requests at this time. Councilmember Roush explained part of the concern was the finish in Lowell Park due to the upcoming construction, and he suggested perhaps reconfiguring the race route to avoid Lowell Park. Mr. Mastel replied that he did submit alternative end points; he pointed out that his was the first application. Councilmember Polehna suggested that the event organizers, not the City, would be the ones to lose if both events are approved. Mayor Harycki suggested there are two options available—approve both for one year with no guarantee of renewal or deny both as part of the moratorium. Mr. Mastel explained parking plans. There was discussion on possible impact on staffing. Chief Glaser reviewed some of the issues from his department's perspective. Mr. Sanders stated the two race routes would have little impact on City streets, and the proposed race ending points would not affect any of the Lowell Park work. Councilmember Roush asked if the use of Mulberry circle would be in keeping with the spirit of the moratorium, and Mr. Hansen indicated that his conflict is not with the moratorium,it is with two back-to-back races. City Attorney Magnuson stated from his point of view, he did not think either of the races would be classified as a community-wide event. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012-063, Approving Stillwater 10 mile, 5K, Kid's One Mile and Toddler Trot agreement with Mastel Event Management, LLC, and Resolution 2012-064, Approving River Run (10 Mile and 5K) agreement with Frontrunner Events but contingent on staff availability for public safety, with the understanding that the alternate finish lines be used, ending at the Mulberry circle or some other location agreed upon by City staff, and with the understanding that this is a one-year agreement. Randy Fulton and Craig Junkermeier of Front Runner Events talked about their proposal. Mr. Fulton spoke of his experience as a race event director and his reasoning behind the scheduling. Mr. Fulton stated they have done their due diligence in preparing plans. Councilmember Polehna suggested the City will be receiving more and more such requests and questioned whether to give carte blanche approval or disapproval, or come up with a way to select which events to allow. Page 5 of 9 City Council Meeting April 17, 2012 Councilmember Cook indicated that is what needs to be determined and discussed. Councilmember Roush pointed out that the availability of public safety staff will play a role in the number of events allowed, and he suggested that free market dynamics will also determine the number of events. Mayor Harycki suggested amending the motion to approve these two requests, but put a cap on additional requests until City Council and staff have some discussion about how to regulate and pick and choose between events. Councilmember Roush declined to amend his motion. Councilmember Roush restated his motion: approve both contracts, with the stipulation that it is a one-year contract and that police and fire have the ultimate say on staffing availability for public safety, with the option to cancel if unable to staff adequately, and that the finish line not be in Lowell Park per the moratorium. Ayes: Councilmembers Polehna, Roush and Mayor Harycki Nays: Councilmembers Cook and Menikheim Motion by Mayor Harycki, seconded by Councilmember Polehna, to place a moratorium on any new events. Motion passed 4-1,with Councilmember Roush voting no. Discussion and possible approval of: Stillwater Omnium Event—Industrial Park Area—Sunday, June 24, 2012—Oliver Vrambout Mr. Vrambout was present to review plans and answer questions about the event. It was noted this request is not a new request — it was submitted and reviewed prior to the moratorium. Mr. Vrambout stated he has approval for parking for a number of nearby businesses, and that he expects about 180 participants. Mayor Harycki asked about road work in the area, and Mr. Sanders replied that mill and overlay is scheduled for Northwestern Avenue, and he indicated that mention was made in the contract specifications that work must be completed by June 24 or cannot be started until after June 24. Mayor Harycki mentioned several pieces of roadway that might need to be repaired in advance of the race. City Clerk Ward noted staff has not had time to prepare a contract for this event. Mr. Turnblad pointed out that staff would like to get an idea of Council support for the organizer for marketing purposes with the contract to come back for Council approval at a later date. On a question by Councilmember Cook, Mr. Vrambout described the businesses that he has contacted. Councilmember Menikheim noted that Special Olympics events will be held that same week. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the event. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 6 of 9 City Council Meeting April 17, 2012 City Clerk Ward noted that one of the sponsors, Lift Bridge Brewery, would not be able to serve alcoholic beverages on the day of the event. Mr. Vrambout indicated that he was aware of that and was looking at alternative arrangements. Possible approval of Farmer's Market Special Event and Contract—June 16—October 27 City Clerk Ward reported that this event has been taking place for many years. The organizers use the River View parking lot, she added, and Cub Foods and the Veterans Memorial Committee have approved of the use. She noted that in the past the Council has waived the fee as most of the maintenance is paid for by Cub Foods. She stated there is a contract. Councilmember Roush asked about the payment for the portable restrooms. It was explained that the Farmer's Market organizers pay one-third of the cost, with the City paying two- thirds, and that the restrooms are on site all summer long. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012-065, approving the 2012 Stillwater Farmer's Market Agreement. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of first reading of an ordinance to create and enact Section 52-17 of the Stillwater City Code relating to drug paraphernalia Chief Gannaway explained that currently possession of paraphernalia is a misdemeanor offense,but there is nothing in City Code that prohibits the selling of paraphernalia. City Attorney Magnuson reported that this is based on an ordinance already tested in federal court, and he noted it expands on the definitions of paraphernalia in Minnesota Statutes. Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the first reading of the ordinance relating to drug paraphernalia. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible accepting of bids and awarding contract for 2012 Street Improvement Project Mr. Sanders informed Council that three bids were received, with the low bid submitted by Hard Drives, formerly Tower Asphalt, at$1,792,321; he noted the low bid is slightly over the engineer's estimate of$1,750,000. He indicated that staff feels comfortable with the bid and believes the project can still be kept within the overall budget. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012-066, accepting bid and awarding contract for 2012 Street Improvement Project (Project 2012-02). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 9 City Council Meeting April 17, 2012 Possible approval to purchase truck with hook system, snowplowing equipment and hot box Mr. Sanders reviewed the request and explained how the truck would be a multiple use vehicle if the City purchases a hoist attachment. He pointed out that all of the vendors are off the state bid. Mr. Sanders also described the proposal to trade in the City's second grader and retrofit the existing plow trucks with wing mounts. He talked about the efficiencies to be achieved with the proposals. There was discussion about any cost savings realized during a mild winter, such as the past season. It was noted there is no separate budget for snowplowing; there is an overall department budget. City Administrator Hansen stated any savings that might be realized in snowplowing goes to do other things that might have been neglected. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the purchase as requested. All in favor. Possible approval to purchase a replacement wood chipper Mr. Sanders presented the request, and noted the existing chipper is 12 years old and needs to be replaced. Motion by Councilmember Cook,seconded by Councilmember Polehna,to approve the purchase as requested. All in favor. Possible approval of appointments/reappointments to Downtown Parking, Heritage Preservation, Human Rights, Parks, and Planning Commissions, and Traffic Review Committee City Clerk Ward reviewed the recommended appointments, and noted openings were advertised and interviews conducted, with the exception of the Heritage Preservation Commission opening which will come back to Council after that takes place. Councilmember Roush referred to several appointments with terms over the term limits, and Ms. Ward responded that is because there were no other applicants. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2012-067, appointing members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions and Traffic Safety Review Committee. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Yellow Ribbon update Councilmember Polehna stated that October 21-22 is the date of the annual pheasant hunt for veterans. He also indicated that he has been working with Mr. Hansen on music for the 4th of July fireworks, and he suggested that Chief Gannaway contact the National Guard for traffic assistance that day. Page 8 of 9 City Council Meeting April 17, 2012 ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:12 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012-061,Directing the Payment of Bills Resolution 2012-062,Resolution approving the abatement of certain special assessments Resolution 2012-063,Approving Stillwater 10 mile, 5K,Kid's One Mile and Toddler Trot agreement with Mastel Event Management, LLC Resolution 2012-064,Approving River Run (10 Mile and 5K) agreement with Frontrunner Events Resolution 2012-065, approving the 2012 Stillwater Farmer's Market Agreement Resolution 2012-066,Accepting bid and awarding contract for 2012 Street Improvement Project(Project 2012-02) Resolution 2012-067,Appointing Members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions and Traffic Safety Review Committee Page 9 of 9 Memorandum To: Mayor and City Council, From: Shawn Sanders, Director of Public Works Date: 4/26/2012 Re: North Hill Community Garden BACKGROUND Staff has been approached by a neighborhood group, North Hill Community Garden, (NHCG) that would like to start a community garden on the old basketball court location in Staples Field. This site has been sitting unused for a number of years and last year the basketball court and the fencing were removed . DISCUSSION Staff and representatives from the NHCG have been meeting over the last few months to discuss their proposal, including two meetings with the Park Board. NHCG is proposing the site have 41 raised garden plots with the majority of the plots measuring 9' X 9'. The direction staff has given to the NHCG is that the City will oversee the site and NHCG will be the responsible party for assigning garden plots, setup, care, maintenance and cleanup for site. Staff expressed that since this is public property, garden plots shall be open to all residents and sites be distributed each year in a fair and equitable manner. Once approved the NHCG would begin construction of the raised beds gardens immediately. As a condition of the use of the park as a community garden, staff is recommending that an agreement be signed between the City and the NHCG that discusses roles and responsibilities for each party for the garden and also an agreement between the NHCG and the gardeners, that discusses their roles for garden. If approved the NHCG would begin construction of the raised beds gardens immediately. RECOMMENDATION Staff supports the proposal of a community garden on the Staples Field Site and recommends that old basketball court site at Staple Fields be used a community garden and that City enter an agreement with the NHCG for the use in Staples Field. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion Approving Staples Field for the use of Community Garden and enter into a agreement with North Hill Community Garden for use in Staples Field. ' 4. 4•,gyp m < R21W R20W RI9W ,� 797N DIN Mal INN • '''.. 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In A21N38MdeIlS/Aeief38S` d 1nl-1l—IDD=DD===nnnnl—Ir-1nl-1nromErnr0 e Z W 30N33 GOOM X X Al . b m CO LICENSE TO USE REAL PROPERTY This Agreement is entered into this between the City of Stillwater,as Licensor,and the North Hill Community Garden as the Licensee WHEREAS,North Hill Community Garden wishes to utilize park property for the purposes of gardening and related recreation and WHEREAS, a Community Garden benefits all citizens of the City of Stillwater. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I. GRANT OF LICENSE The City of Stillwater hereby grants to North Hill Community Garden a license to use the real property located at Staples Field Park 403West Aspen Street Stillwater, MN 55082 Property Identification Number 2803020210014 II. LIMITATION TO DESCRIBED PURPOSE AND TERM The licensed premises shall be used by Licensee solely for the purpose of gardening and related recreation during normal City of Stillwater Park Hours. III. TERMINATION The Licensor may terminate this agreement without cause. Any Termination must be executed by the City Council. If the Gardening Group decides to no longer maintain their space, they must immediately notify the City. Group will be responsible for restoring the garden to parkland to the satisfaction of city staff If city staff determines that the garden is not satisfactory, the designated liaison will be given two separate warning notices. If the problem continues thereafter, the agreement will be revoked and the Gardening Group will be responsible for restoring the garden to parkland to the satisfaction of the city staff. III. PAYMENT Licensee shall pay the City of Stillwater $1.00 per year for the use of the property. Payment shall be received 30 days after date of execution and annually thereafter. Payment shall be made to: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 IV INDEMNIFICATION The Licensee agrees to indemnify,defend, and hold harmless Licensor for any and all claims arising out of the Licensees use of the premises. The Licensor's obligation is to indemnify the Licensee and individual garden members or volunteers for activities covered under this agreement. V NONDISCRIMINATION During the performance of this agreement, the Licensee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status,criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VI RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII SPECIAL REQUIRMENTS AND CONDITONS SELECTION OF GARDENERS The North Hill Community Garden shall develop a fair and open process for gardener selection. Availability of garden plots should be widely advertised, and distribution of plots should be equitable and on a first come, first serve basis. GARDENER PARTICIPATION All gardeners shall be expected to participate in maintenance of communal areas of the garden. COMMUNITY INVOLVEMENT The North Hill Community Garden is encouraged to engage with the neighborhood and/or wider community through events or projects such as open houses, garden tours, food shelf donations, etc. GARDEN BORDERS and STRUCTURES The garden boundaries must remain as submitted on the original design plans. Any proposed expansion must be reviewed and approved by City Staff Any structures including raised beds, bulletin boards, and gazeboes must comply with city building code and be approved by City Staff GARDEN/PLOT MAINTENANCE North Hill Community Garden is entirely responsible for the maintenance of the Community Garden. Keep in mind that the space allocated is on public land and must always be actively maintained. North Hill Community Garden should provide the City Staff with a schedule of spring prepping and fall winterizing dates. Pathways and areas between Garden Beds must be mowed or mulched and maintained by the group. The City will not do any maintenance within the Community Garden itself WATER The water supply is to be used by gardeners caring for their assigned areas. Use for any non-garden related activities is prohibited. COMPOSTING Only garden matter generated on site may be composted on site unless a certified composting plan is in place and garden club members monitor composting activities. Composting must comply with back yard composting guidelines as published by the Minnesota Pollution Control Agency. CLEAN-UP ACTIVITIES North Hill Community Garden will be expected to organize a spring work day to prepare the garden, and fall cleanup day to clean the site for winter. NEW MEMBERS North Hill Community Garden shall inform new members of the Community Garden rules and regulations, stressing the importance of ongoing maintenance. North Hill Community Garden must follow a transparent membership process open to all. As a public agency, City of Stillwater policy requires inclusiveness; anyone interested in joining North Hill Community Garden is to be fairly considered. FUNDRAISING North Hill Community Garden may organize fundraising events to finance needs of the Community Garden such as a compost bin, water hoses, plants, etc. YEARLY MEETING BETWEEN NORTH HILL COMMUNITY GARDEN AND THE PARKS AND RECREATION COMMISSION North Hill Community Garden shall hold an annual meeting with The Parks and Recreation Commission to: • Review Community Garden records. • Discuss the past year's budget. • Plan upcoming improvements. • Discuss Community Involvement in the Garden. PROHIBITED ACTIVITIES • Littering, dumping, alcohol consumption and other unlawful activities. • Amplified sound •Pets are not allowed in the garden. • Ball playing or other forms of active recreation. • Fire pits or bonfires. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. City of Stillwater North Hill Community Garden BY: BY: TITLE: DATE: DATE: North Hill Community Garden Garden Plot Reservation Form •Garden plots at North Hill Community Garden(NHCG)for the 2012 gardening season will be assigned when the gardener: 1. completes the Garden Plot Reservation Form, 2. pays for the plot,and 3. returns a signed copy of this form to the NHCG Treasurer.Plot reservations will be taken(at a date to be determined after the Stillwater City Council approves the garden). Plots will be assigned on a first come,first serve basis. A gardener may have more than one plot provided there are open plots once everyone has had a chance to apply for a plot. If no plots are available at the time your registration is received,you will have the option of being placed on the waiting list and your plot fee will be returned.You will be contacted should a plot become available. Plot fees may be paid by check,money order,or cash and may be mailed or brought to the NHCG Treasurer.The plot fees include one season use of the plot and water. •Plot fees for 2012 will be as follows: 9'x9' plot=$80 4'x9' plot=$40 3x9' elevated raised plot(handicapped accessible)=$33 Members are encouraged to pay an additional$20 to help those who wish to garden,but cannot afford a plot. Extra contributions are encouraged in order to provide enough funds to get the complete garden built. Three scholarship plots will be available for applicants who may be unable to pay for the full price of a plot. •North Hill Community Garden members that want a plot must live in the city of Stillwater. •Garden plots will be assigned on a first come first serve basis. • Gardeners(or a representative)are required to attend the Spring Meeting,participate in at least two garden work dates to help build the garden, and participate in the maintenance of their garden plot.The Spring Meeting will be held at North Hill Community Garden(corner of Martha and Aspen) (at a date to be determined after the Stillwater City Council approves the garden). •Garden plots are assigned to one person only and are not transferable. Others may garden at your site,but the responsibility for payment of fees, clean up,and other duties at the site will be the responsibility of the individual whose name is assigned to the plot. • Gardeners must tend to their plot no later than June 1 and are responsible to keep it weeded.Please contact The NHCG Core Group if unable to attend to a plot for emergency reasons.If a plot appears to have been neglected for two weeks,the gardener will be notified. If two more weeks go by and the gardener has failed to attend to the plot or contact The Garden Committee,the plot will be considered abandoned. It will be re-assigned to someone on the waiting list and the gardener will not be eligible for a plot the following year. • Dead plants,weeds,garden stakes, etc must be removed by Dec 1. • The North Hill Community Garden is located on Stillwater City Park property. The City of Stillwater bans the use of tobacco,alcohol and illegal drugs on the property.It is a violation of Minnesota law and park Policy EM-020.13 to possess a weapon on park property. Growing illegal substances or using alcohol, tobacco,drugs or possessing a weapon will lead to immediate expulsion with no return of plot fee. •The North Hill Community Garden is a"chemical free"garden,meaning no chemical fertilizers; pesticides,herbicides,plant food,etc. may be used in the garden. •Please be aware of neighboring plots and strategically place tall plants or plants requiring support/structures so they are not shading other plots. •The path around plots is to provide gardeners access to their plots.The gardener must help maintain the path around the plot by keeping it clear of weeds,rocks,tools and other garden obstacles. Keep vegetation within the plot. When planting near paths,leave adequate space for plant growth so as not to overhang into the paths or another plot. •Do not bring sand or gravel into the garden area.Mulching with leaves, grass clippings,hay or straw to reduce evaporation and unwanted weeds is allowable. The use of plastic and other non-porous materials for ground cover is discouraged. •Water hoses must not cross other plots and must be attended at all times. Sprinklers are not permitted in the garden. The gardener is responsible for shutting off the water when finished using it. •If a city watering ban is in effect,gardeners must comply with the regulations. •Put only site generated compost in the compost bins. Plant material should not be put in the trashcans unless it is diseased or infested and there is a known risk of contaminating the compost site.The use of the compost from the bin will be discussed at a garden meeting/workday so that all gardeners have input into how to best use the compost. All garbage must be taken home. • Gardeners are not allowed to harvest from other plots without the permission of the assigned gardener. •Be considerate of the neighbors: when parking-do not block access to their house or mailbox; do not ask to use their telephone(except in an emergency). A Porta potty is available across the street near the baseball field. •Treat fellow gardeners with respect and consideration. •Parents are encouraged to bring children to the garden and introduce them to gardening. Supervise children and teach them to stay on garden paths. •Dogs or other family pets are not allowed within the garden. •Do not drive on the property. •The gardener will keep The North Hill Community Garden Core Group advised of any changes in contact information. • Complaints,policy additions or changes,and mediations will be addressed by The North Hill Community Garden Core Group. The NHCG email address is northhillcommunitygarden a,grnail.com Liability Waiver and Signature The City of Stillwater does not assume responsibility for acts of vandalism or loss of crops due to thefts. I agree to abide by these conditions set forth by The North Hill Community Garden. I have read and understand The City of Stillwater Community Garden Development Process agreement and I agree to abide by it. AGREEMENT TO RELEASE FROM LIABILITY I,the undersigned,do for myself and on behalf of my family and my personal representatives,hereby agree to forever release and hold harmless The City of Stillwater and The North Hill Community Garden, all of its trustees, officers, agents and employees for any and all liability arising from any claim, demand or cause of action of any nature for: •personal injury to myself or to others • damage to my personal property or to the personal property of others or •my death as a result of my participation in gardening activities,or caused by conduct,whether negligent or grossly negligent,of The City of Stillwater and The North Hill Community Garden,any of its officers, agents or employees. I certify that I am in good health and that I have no physical limitations that would preclude me from participating in these activities. I fully understand that the terms of this agreement are legally binding and that I am signing this agreement after having completely read it. I understand that neither The North Hill Community Garden Core group nor the City of Stillwater is responsible for my actions.I THEREFORE AGREE TO HOLD HARMLESS THE NORTH HILL COMMUNITY GARDEN AND THE CITY OF STILLWATER FOR ANY LIABILITY,DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. I have read and agree to abide by the above garden rules and policies.I understand that failure to abide by these rules will result in forfeiture of my gardening privileges. Printed Name: Signature: Date: - J C044 TR /34. SYSTEMS 2850 Anthony Lane South•Minneapolis, Minnesota 55418 Phone:612-782-3000•Fax:612-782-3080•www.fmh-corp.com To: f I t P", t' ; £ 4,1 Date: 3 ktt , From: ' Ref.: 4 p ' N L) 0 o , 4 r ° 6 ° ". . fi 1 • ifs0.7r6141 1,4 .„,,e„ ;111- ti r i • • _ i . e !`. } I , t ft t - t . . . . • ,• • ' , ' A „ . :,..,, ,,, . . , , . ... . .. . . ...... • ,.._ .. ., . . . . . .. „ , , , _ , . ... . .. . . .. . , . ,- , .. , . . . -- Yil:fl. ', A / t [ r' y, \ . ,,,r.,-, +�, v s ,' ( '1....',..e.. � id ii °h I ,�+-' '4 _ X } 7:■ eis r ■ 4 -rea=r' °l • P� t 1 , 'r- < �. .:�. " (1 r + .'F-, i � M1 1. \# ! 'Y i Friends of Stillwater P rks ***GRANT APPLICATION FORM*** Friends of Stillwater Parks is a non-profit 501(c)(3)community organization dedicated to serving the City of Stillwater. It is the mission of Friends of Stillwater Parks to: Encourage use, accessibility and enjoyment of Stillwater parks and open space. ® Promote community involvement, civic pride and stewardship of Stillwater's natural resources and ecosystems. ® Sponsor educational and recreational activities and events. APPLICANT INFORMATION: Organization Name: North Hill Community Garden Contact Name: Sue Browne Title: Treasurer Address: c/o 1210 William Street N., Stillwater,MN 55082 Phone: (651)430-1979 Fax: N/A E-mail: sin sommerville@gmail.com gmail.com Mission Statement: (or purpose of your group) Mission:North Hill Community Garden is committed to be a healthy and sustainable neighborhood gathering place for growing together. Tag Line: Plant a Seed; Grow a Community. II. FEDERAL TAX NUMBER: N/A III. GRANT INFORMATION; A. Project Name: Community Garden Build B. Amount requested: $4,000 C. Start Date: 5/1/12 Finish Date: 7/31/12 Please complete the attached list of questions IV thru VIII as concisely as possible. Attach additional pages, if necessary. If additional information is needed, it will be requested after the proposal has been reviewed. IV. PROJECT INFORMATION. Please refer to the Mission Statement of Friends of Stillwater Parks on Page 1. Specifically, how would your project help us to fulfill our mission? North Hill Community Garden(NHCG) is the first community garden to be located within the City of Stillwater proper. The seed for this idea came from the City of Stillwater. The site is located in the Staples Park complex, a Stillwater public park; a formerly underutilized asphalt basketball court at the northwest corner of Martha and Aspen (the City has removed the asphalt and covered the site with a thin layer of topsoil). The project will transform the site into an organic, sustainable garden that will beautify and make productive what had been unused park land. The garden will consist of thirty 9' X 9' raised bed plots, seven 4' X 9' raised bed plots and four smaller physically accessible plots. These will be gardened by Stillwater residents (individuals, households, and groups) under a first come, first serve system still under development, and membership will be open not just to North Hill residents but to all people living in the City of Stillwater. At this time,the NHCG has been approved by the City Parks Commission but not the City Council. • The project is neighborhood-initiated, led, and managed. • This effort will add to the beauty and appeal of the park space and help to restore the space to productive public purposes. ® Neighborhood residents have a high level of commitment to making this a sustainable project. The residents are paying for and supplying the labor to build the garden. • Plots will be available for applicants who may be unable to pay the full price. ® It offers a unique opportunity for neighborhood residents to exercise stewardship for public park property. ® Educational programming in organic gardening and related topics for NHCG participants and other members of the community will be an integral part of the project. ® The garden will be open to visitors as a place to enjoy the beauty of growing flowers, vegetables, and fruits and the cycles of changes through the seasons (in future years, we hope to have a central area covered by a gazebo where visitors can relax and enjoy the environment). ® Produce will be donated to the community(e.g. the Community Kitchen and Valley Outreach). List two or three specific objectives of this project and describe how you will measure your success in meeting the objectives.Attach additional pages if needed. These are our most immediate needs if the garden is to get off to a successful start in 2012: Objective 1: To obtain the most complete soil analysis available and to design the garden infrastructure so as to mitigate any environmental issues related to soil analysis to the greatest extent possible Measure of Success: Soil analysis is completed; soil is suitable to proceed or soil needs additional treatment. Objective 2: To acquire the materials needed to construct Ljp to 41 raised bed garden plots (including 4 physically accessible plots) and to have the plots built and gardening- ready by May 26, 2012 Measure of Success: Materials are acquired for raised beds for all plot subscribers;materials are acquired for 4 physically-accessible plots and raised beds are constructed and ready for planting. Objective 3: To obtain access to a city water supply which means having the financial resources to pay for access and water. Measure of Success: Site access to water access is installed; account is established for payment of water usage. IV. PROJECT INFORMATION If the proposal is for a collaborative project, define the roles of each of the organizations participating in the project What specific responsibilities will each organization have and what specifically will be contributed by each organization to the project, i.e.,supplies, manpower, or other resources? This is a different type of collaborative where individual residents,households, and groups (e.g. girl scout troops, 4H groups) are coming together in a grassroots effort to form a community-managed garden. In making a commitment to a plot in the garden, each stakeholder also commits to participating actively in the development and management of the garden. We anticipate that organizations like River Market Cooperative and the Community Kitchen may step forward and offer their expertise and support,but the governance of the garden will be handled by those who actively participate. What other funding sources have you solicited for this project? This has been a fast-moving effort that just got underway in February. Everyone including the City would like to see the project under way this spring. We've done a great deal in a short time in terms of organizing the community and planning both the physical and organization infrastructures. At the same time we have had to refrain from forging ahead with financial commitments until we obtained the approval of the Parks Commission and City Council and until our soil analysis comes back. So while our planning group has discussed fundraising strategies, we have not as yet pursued other funding sources. We expect that a portion of the cost(annually) of the garden will be supported by an annual plot fee to be paid by each subscriber/gardener. Here is our projection of what that will look like: -One 9'x9' plot-_ $80 -One 4'x9' plot=$40 -One 3x9' elevated raised plot(handicapped accessible)=$33 (no interest has been expressed yet so we don't anticipate revenue for these.) items cost Revenue 9x9 29* $80 $ 2,320.00 9x4 7 $40 $ 280.00 Total paid by subscribers $ 2,600.00 Fundraising need to make budget in year 1 $ 4,839.30 *One 9x9 plot would go to kids(donated) Members are encouraged to pay an additional $20 to help those who wish to garden, but cannot afford a plot. Extra contributions are encouraged in order to provide enough funds to get the complete garden built. Three scholarship plots will be available for applicants who may be unable to pay for the full price of a plot. If this is an ongoing project,from where do you anticipate annual funding? We hope that this garden will be a successfully sustainable operation that will maintain community interest. As noted we expect that much of the ongoing cost of the garden will be supported by an annual plot fee to be paid by each subscriber/gardener. We have determined that the garden plots and compost areas are the very essentials of the needed infrastructure that we must have to launch the garden. We've analyzed the initial cost per garden plot for creating the basic garden infrastructure and are in the process of obtaining projections for ongoing operations (e.g. water, which is probably the only other absolutely necessary operational cost). In the initial year, should Friends of Stillwater Parks provide funding, we plan on building the complete garden infrastructure. FSP funding will help keep plot fees low so everyone can afford a plot and participate in the garden. We believe that once the initial infrastructure is built,the annual fee can be set based on what repairs are necessary and improvements that the North Hill Community Garden group would like to make in a given year. In addition,we would also pursue fundraising as needed. V FINANCIAL INFORMATION: Please attach a project budget clearly showing all revenue sources, including other Foundation requests, and indicate whether grant requests are pending or have been received. ATTACHED Budget must show all anticipated expenses for the project: VII VOL UNTEE.RSAND GIFTS IN KIND Explain the use and role of volunteers in your project,i.e., how many people you expect to involve, age ranges, responsibilities, and length of involvement. This project is a completely community-driven volunteer effort, with all aspects of the garden's operations handled by garden participants and other interested community members. We have over 50 members involved ranging in age from young singles and families with children to senior citizens. We anticipate that their involvement will continue in this way into future years. List any gifts in kind or donated services anticipated. Each subscriber will be responsible for the upkeep of his/her/their own garden plot. In addition,we have established policies and rules that call for community efforts in maintaining the whole garden area. We expect that each subscriber will utilize their own tools and equipment for the upkeep and maintenance of their plots and will contribute their use in general maintenance and improvement activities. activities. We anticipate that the City of Stillwater will donate labor to install a water source for the garden. VII COLLOBORATIONS For a collaborative proposal,please attach letters of support from each organization including contact names and contact information about each organization. N/A VIII Please attach a list of your Board of Directors or guiding committee with their addresses and phone numbers. Name Phone Address(all Stillwater) Katie Langer 612 730-7849 608 Wilkins St. Anne Gerber 651 439-9614 209 Laurel St. W. Nora Hahn 651 439-3454 502 Laurel St. N Lizzie Bellman 651 500-8020 1012 Williams St. N. Ann DeLaVergne 651 329-0125 1314 N 1st St. Adam Fredrick 651 497-8433 816 William St. N. Megan Lehmann 651-717-8677 218 Maple St W Jack Roddy 651 439-1099 409 Maple St. Sue Browne 651 430-1979 1210 William St. N. Julia Sandstrom 612-250-9125 212 W. Cherry St. IX SIGNATURES Grant Submitted by: c.'�.-5, v` ..-` ^,�� r �„ ob24,)..__ Title or position: SI 'Vet/ Date of application . PLEASE RETURN APPLICATION TO: Friends of Stillwater Parks Attn: Colleen Eddy, Treasurer PO Box 822 Stillwater,MN 55082 Please contact Colleen Eddy,treasurer, 651.274.1567, or Laurie Maher, president, 651.439.7102, with any questions. . . , . IX SIGNATURES (continued-additional North Hill Community Garden Members) Member: P P-401-40.-fr.. Member: 6 bit\LAOLICI 0 401, Member 41111 /174P--ail...." ■A/L.Afv‘.....0,44101 Member: li I „, --,1 ____-------- Member: .--- Member: 1 iv i Member: j ,„2,:e),„.". 4, __.--- Member: dytitlf ) 13141/1014A,14 Member Liu 1/ a Sci II ctc h. oil /, ir - t 4/ I i ,*, _ ,..._. Member: 747,444, A 6 1 1/ rMember: C e.,14....,, . Member iti,74., ; fiat cq—....___ 14 > .... .. — Member: Member: IG,t a L,4,tuctl-- Member i'._ \---1' Member: -17 .....------- , --4.--- Member: Member t) ',:',)7,,t-,..'i, Member ., \I " / Member Member: Member: Member: Member: North Hill Community Garden Materials Cost Estimates-2012 Revenue Subscriber Fees Plot Size Number of Plots Cost/Plot/Subscriber Total Revenue 9x9 29 $ 80.00 2,320.00 9x4 7 $ 40.00 280.00 Total paid 2,600.00 Friends of Stillwater Parks 4,000,00 Total Revenue 6,600.00 Expenses 9 x 9 Raised Bed #Needed Unit Type Cost Cedar 4x4X9 12 Each $ 7.50 90.00 Rebar 18 Feet $ 0.45 8.10 Compost Blend 3 Cubic Yards $ 20.00 60,00 Total Per Bed 158.10 Total as Drawn 30 Beds 4,743.00 9 x 4 Raised Beds Cedar 4x4X9 9 $ 7.50 67.50 Rebar 12 feet $ 0.45 5.40 Compost Blend 1.3 Cubic Yards $ 20.00 26.00 Total Per Bed 98.90 Total as Drawn 7 692,30 3-6 x10 Beds Standing Elevated Bed Height 40" Cedar 2X 8 X 10 12 $ 15.00 180.00 Cedar 4x4X9 3 $ 7.50 22.50 Compost Blend 2.2 $ 20.00 44.00 Total Per Bed 246.50 Sitting Elevated Bed Height 28" Cedar 2X 8 X 10 8 $ 15.00 120,00 Cedar 4x4X9 3 $ 7.50 22.50 Compost Blend 3.3 $ 20.00 66.00 Total Per Bed 208.50 Wheelchair Elevated Bed Height 24" Cedar 2X B X 10 6 $ 15.00 90.00 Cedar 4x4X9 3 $ 7.50 22.50 Compost Blend 2.6 $ 20.00 52.00 164.50 Bulletin Board with Roof Cedar 4x4X10 4 2 $ 18.00 72.00 Exterior plywood 2 $ 18.00 36.00 Cedar 2x4X8 10 $ 6.00 60.00 Roofing Suppies 1 $ 40.00 40.00 I Total Bulletin Board With Roof 208.00 Water Supply(parts only) 500.00 Totals of Expenses Cost Per Item H of Items Desired Total 9 x 9 Raised Bed $ 158.10 30 $ 4,743.00 9 x 4 Raised Beds $ 98,90 7 $ 692.30 Elevated Bed Options Standing $ 246.50 0 $ - Sitting $ 208.50 2 $ 417.00 Wheel Chair $ 164.50 2 $ 329.00 Bulletin Board $ 208.00 Hardware $ 50.00 Water $ 500.00 $ 500.00 Misc.(soil testing,website, signage $ 500.00 $ 500.00 Total Expenses $ 7,439.30 Fundraising need to make budget $ (839) STILLVVATER MARCH/APRIL 2012 $2.95 II Via, ..,,,,,,V,V4* For people who love t ,y ...� �,l � _4,, ,.,----okr,-,4. - . ,..-, -,-:, ,',, , 4,, *...ri, .-.477. \ s.' ' - . - --',':\\\'' - If': •,.. - , ,.. ,....f,„.„, i ..,, - : 1 ,,,, , , li 1 ,... \:, ..\. ' \ ' 1.. ''‘, , 4\ x , \ 0 ,.;' ,4 ,} �,' ,I 1 1 ,Ii* 1,r1 ' ,I t 1\ ,1;� 1 II i( \ ' \ ' — \ \ ' \ \ ' ' '''''f I '1( • 1 � f �„ I . • � /j 1 1 '' � ` ..Ei� � I� I � ,, �' i(rl r `aI 1 A ' I f pl ^ s „-„•.^”` Cpl 51"4 • • •1-="0-4-0,4A—---- -.,,.. � . �.: �� Redevelopment. . ...... 1� ti11 ) u11 ; 11..._ ,...:401). „._.... , ....,.._ : .41-•''';',;;,,, --' 4.4,4"; -4,-;;;', —--jo::: ,-i _ - It elilii kl,''. : .,:',., ''' ' +Z.:f .,,;:lj. . - q; a , loi:L . :-- ......1, ,,,....,„.:: ... ... , _ ,,,,, -,,,.....,....:::-.... ..,.. -44.7„.„: - . -„,,,...„. II lit ,,, ir .. .. .,. . r 4 4 ' s # ° , W ;lit 4 ' '7 / — 4 i'ir 4-71...ft ..;030//k y y . r''' asp % .. _ ! 2( 4k� Mgr.. tt } ..7.4_, o _ % `.f '.4 o_ the north hill community ax e BY SARA MORRISON,PHOTOS BY AIMEE CHRISTENSON "For a community to be whole and healthy, it must be based on people's love and concern for each other" -Millard Fuller Habitat for Humanity Founder 28 STILLWATER LIVING MARCH/APRIL 2012 ur not so winter-y winter Ilan some residents of the North Hill dreaming of a community garden... a place for people of all slopes to talk and learn from each other, to grow food together and to learn from one another. This new community garden is slated for implementation ntation on � ' " �, the site of a once contentious = � � basketball court. Residents, both public and private have worked ie getber to create momenttnn towards a garden for the whole neighborhood.This type of project requires commitment and desire: this is the story of a garden! They say that if an idea can be concocted, there are others who have the same idea at the same time. North '441106#1111101101111W 6114111140.1110( hill residents, lack and Kelli Rodcly allVays wanted to live in a neighborhood vrere residents knew each other, played, worked and volunteered together. As the couple surveyed their neighborhood over the years, they :11Limomik watched more and more young families move into town for schools or jobs and many of these families didn't know anyone in the area. it seemed like things would be better and more fun if all these kids were playing together._.aril easier on the parents! And so, the North Itill Club began, the North frill is described by the city as , 4, having North Second Street and North I 1111-1 Street as the y East and tV'est boundaries, i\lulberry Street oil the South and Maple and School Streets on the North. The Smith 11611111110.' - family is an example of one of those younlg families the ' Rodi Ivs saws nlovin , into the neighborhood. 1 Fah and Lcke moved to Stillwater 8 years ago,they now have two young children. For the Smiths, the club has provided a sense of conlmunih'. The North I fill Club has been oak, one of mane factors that have affected our decision to stay in Stillwater, for/eke and me it helps us know l 'hat community is, not lust intellectually, but to truly know that feeling," says 1 c•ah.The club has grown to impressive levels of involvenlcnt including treasure hunts, block parties, volunteer activities and Summer and Winter Olympic [vents. The Roddys, among others, had long wondered what could be done with the clismantlecl basketball court (ill the corner of I\larlha and Aspen Streets,and immediately thou,ht about a community garden.l hr basketball court had become a source of contention with the neighbors in rile area, often ihcrc were amCS played in the middle of the night With constant noise. It tds eventually shut down and the backboards token down. II remained an eyesore and underutilized for several years. The land sits _ .. now as a gravel lot ready for it's ilext illearnalioil. There was official movement towards new ideas for the land i a fear years ago when the Stillwater Park's Commission x Seilt Old a call for area residents to submit ideas fir Illy' old basketball court. WWW.STILLWATERLIVING NET 29 A I laying recently heard about the activities at OLIr Community Kitchen at V T. f, Ascension Episcopal Church, Jack thought rvlav not get a garden going to Lir0w fond that can he donated to Our Community Kitchen to further their donation breakfast program:' \V'hv not get the residents of the North I lilt playing in the dirt together? lV'hy not use this space to make a project . ii II- the whole neignoorhoocl' Not fully understanding what the concept � � .. (a a comlmu ity ,garden w'as he called the City Parks Commission and , ({` volunteered to help make the la')ject a reality. Ile soon learned that Ann 14. "` DeLaVel ne, a CommnnitV' organizer, was w'llt ling up support for the very g �� PI p Pp same thing. �, The Parks commission gave Ann lack's phone number and plans Ss ere set in motion. On February 27th Ann and Jack presented a proposal to the City Parks Commission and were warmly received. The ' issue as always in these times of decreasing public budgets and increasing public delis its is from where 4vill the money come'The Parks Commission reported haying no additional funds to help in the creation of the garden, _ Ann DelaAegne has long concerned herself with the issues of food, , . . farming and community. 1 ler work has included running her own farm the LandkStewardshihe' Land StcSwardsllp I'rolec( (LSl'). Her work with Stewardship Project included pilot projects within 11'ashington = County building vegetable gardens to facilitate agricultural enterprises and to improve access to lied, healthy food. the River Market Community JCo-op is currently supporting DeLaA'eigne's involvement in the North Hill - ` Community Garden. tier passion for food and community comes to her naturally, in her Swords, "A community garden brings people together; builds neighborhoods, is a healthy source of food and provides an important cvperienee ror kids. the kids get to know- the adults, the adults get to know the kids and everybody spends time outside. Alore community gardens , ''! add to the greater good, they aren't political or religious, and they facilitate people getting to know each other well enough to care about each other' Encouraged by a positive reception at the Parks Commission meeting, the North Hill Community Garden group planned an all inclusive hurting on Nlarcla 6t11 at the River ,Market Loft, to create the framework for getting the 4; garden up and running. tile meeting consisted of 21 residents, children and adults, who are passionate about transforming the gravel lot. On the wall, cre,,ated through an earlier meeting facilitated by DeLaVe gne were i worksheets illustrating the commitment and the vision of the group, statements included: Growing produce and friendships; Plant a seed, grow a community. During the course of the ,\larch 6th meeting, action steps were identified, members of the group then named committees that will be responsible for those action steps, and finally each member putt their name to the committee they were passionate about. During the brainstorming Session, members of the group proposed steps that they fell were critical for I `�I"'""*•..� gelling the prole(i going,such things as rules, a water source,a name for the =,_ r` garden, policies. leadership, and soil testing were popular concerns. "" ti ti Currently. the Garden plans include 51) IQ' It)' plots. along with some '1 hi;g,laly raised beds that are 10 feet by 4 feet nearest to the street to lac ilitale i U1�k the elderly and the handicapped, promoting a true sense of community. , , Through each plot there will be access paths, to ensure ease of working within the plot. There is a meeting space, benches, a storage shed included in the plan to ensure a pleasant experience for all. Along the North and lV'est sides of the lot, perennial food plants are also planned for all to share, f including grapes, raspberries and strawberries, perhaps a tclw apple raid 'is pear trees. Along the Last and South sides of the garden, there is a grade J` � that all agreed should be perennial native plantings to encourage pollinators t ��, and beneficial insects. I here has even been talk of including a stage to ' provide d venue liar local musical and theatrical talent. The groups plan is to begin planting at the end of i\lay. Some proposed community events 30 STILLWATER LIVING MARCHIAPRIL2012 • "' '^a at the garden, include di) Earth Day Festival on April J, as swell as a Harvest Festival block party in the tall. Young and old, families and singles, working, . „ .,, ,+ sharing, playing and learning together: a conu11unity �� � �'`` r builder, what a pe°rli•cl place to cultivate d sense of 1 '" + "J/ belonging. For Leah Smith aped her family it will mean 40 t' t F a place to grog' a plot of mixed veggies evhere there is plenty of sun and open space, to interact with the ;.. . - . ' s neighborhood residents and spend time with her -- �. � ;� ,, family in an activity that brings them out into the i -- lit .` 7 ..ir community. r -` s,-, fo prevent another debacle with the public space, r . , - ' '"" the North Bill Garden will proceed through several ��„ ` s steps to ensure full public support, including a Public i tearing dunng the Parks Commission Planning ” ''` Meeting. /III residents who live within 550 feet of ? the proposed comnnmity garden are invited to weigh, ..„„ IL ^ - vex in on their concerns about the plan. this meeting ,x,. ` '. - __ was planned to ensure that the cxpcI I(ncc with the hiiskethall court is not repealed. Once cleared the . — ,s "'` Public Hearing, the group must then receive the / sr f ��, -lk ; ollicial approval by the Stillwater City Council. As of �'_ -rf this writing, the final approvals for the garden are not 1 ' ` , secured, but the organizers and residents of the North r ,; Hill are optimistic. This is the democratic process, , ,.. , ,. ' ` slow perhaps, but ii best accounts tor- the needs, I�_ ',4 '`- interests and concerns of all indic-ideals impacted by 4 '7;a et the project and gives them a voice., Stillwater City Councilwoman \licl:y Cook is plcn�,- �� ►-villi the developments and commented. '1 hay c Ase hoped for sometime that we could find a good use hiiiiie for that space, but I wanted to make sure it u vouid be • „ something the neighborhood would support. I think '� .� the folks involved in bringing this project foreward _ �. t% have dune a wonderful job of providing opportunities ., ..,,"" ti for their neighbors to learn about the garden and ` ' `' ✓ ''' participate in the development process. there seems ,� ..� to be a lot of inic•rest in making, this happen. if it works, it could serve as a model tor-gardens in other areas of the city for people who want them" To work together, within a community on a project a. like a neighborhood garden creates a sense of shared , , purpose and unity among people with varied backgrounds and expericncrs- lack Roddy sums it all 4 """ up well: "For me, the garden is less about the food and the phvsical yield of the plots and more about ° ' the exc itIrI�g prospect of building it in the community people to know each other!" '_ For questions or more information email: ",. # northhillcommunitygarden u@gmail.com .tiara ,tlorrison has a green Ihwnh on the pulse of all things clordeninq crntl farming. .~he is the founder of The Backyard (,racer. WWW.STILLWATERLIVING.NET 31 44, . k , c, . i , , A '• ilk \1114N\ .4;`Zr \ l' ,, , , NI- '44',•##4411, . ' i''" 'V* — ,'- 4 t „ . o I #, A,.c *:t ,IVIt... ■Millipromr."..-■.- 1 -11C) '' viable 4 1 7 4 _ 1 w , _ ... ,„.... 14 ..„ _ , 4„„,..... ), , gt , ,,..,. .., /, k:L., IP' 40 . ...,.„$,. 4 ,:. #..0.' ' ' e; ' ‘ I ir! i - .., 4. it t- it , 1 ..„..,,K / „ill?... .. ,,. ../Lfe., . ir 4.,.,...,.__ , .-*,osiffii,,,imm. e ' f I '' , t. ,. i ) ':// - 4 - Ar,... PF 1 , I . , s . ... ,y•..'. i it ss. e '.. v '....t.-..'.:, *';:';k: ',.,, .11‘,", • ,; - 414-• .c'e,.' ■,,,-• ' ,-, kt't ' .....e,..it•Pi.„ C,,',../.4 I , ■ r . tic,,, .-,. 0 ,,.. _,... ', ft ,I 44' ..:,„. I * *.t- 4,1444 ...„- If 4;1, 4........#<-11W.4.,,,.. .... '"ming:44#1.;• ii-A4t1hyrft....,-: ..t. .44110...* * ---- .. .1.- 17 -71'4,4cryonwolow-- zc-, ..- ... .,..,- - .. 3011g!:10'.F° --s''. 14 ,. Ott li , 1 - : '''''.44 -''''.---04444 -"-.("44:'- 1:nib.' ..• '.0.....+11.1%*; ' ' ' '''''m .0!:„ , , .. .. .4.... 4'AaNli •r.'" '44 "'"re ? -.... , e - 41,--.7•,.:- ---.-fii:eip '4.. .I. -:, L; . . 4. ; .. . .„- --;.0 ,,, . :I'", 44 , a •...7,4...",h.,* ey .11' ',.."'z....4 2,1,-.A.' '',,.. '-' 41', t.--1..(i-l'e 91,1,4,. •'It t L - ..,,,,-,„, 4. .. •., . ...*. i -7 „, ,E ;'' '1•-:,.. .,,7 4,' * — .. .”• ,e2? t.# `+# ,.' ',--,-,--. -- * - -,:- - ,-- ...,, 4. „,. ,., 4......„ ,...... _ . LIST OF BILLS EXHIBIT"A"TO RESOLUTION#2012-068 Action Rental, Inc. Propane 84.97 AdvantageHealth Corporation HRA, Biometric Screenings, processing pa 1,584.75 American Planning Association Planning Advisory Service Subscription 795.00 Anderson Thomas Refund Parking Ramp Card Deposit 5.00 Aramark Uniform Services, Inc Mats, Uniforms, Supplies 1,175.13 Ballis Tom Reimburse for Expenses 252.68 Bloom Engineers LLC Professional Services March 16-April 15 2,791.10 Borgen Radiator Equipment Repair Charges 236.37 Boyer Ford Trucks Vehicle Repair 228.74 Briggs and Morgan, P.A. TIF#4 Professional Service 1,000.00 Carquest Auto Parts Equipment Repair Supplies 166.78 Cemstone Lily Lake Retrofit 700.03 Cities Digital Scanning 1,675.71 City of St. Paul Asphalt 626.80 City View Electric, Inc. Repair Relay for Fire Door 515.80 Comcast Cable & Internet 279.37 Computer Services of Florida Software Agreement Pixel Point 399.00 Consolidated Welding Supply Welding Supplies 133.06 Emergency Automotive Technologies, Inc. Vehicle Repair 58.14 Fastenal Company Lily Lake Retrofit 81.55 Ferguson Enterprises, Inc. #1657 Lily Lake Retrofit 4,750.20 Festive Outfitters, Inc. Consulting Fees& Parts 9,248.00 Fire Service Management Repair Work Order 6317 fire Coat 102.50 Fury Dodge Chrysler Vehicle Repair 926.50 GFOA Gov Accting, Auditing and Financial Reports 252.00 Gilbert Mechanical Contractors, Inc. Building Repair Charges 340.92 Government Acct.Standards Board GASB Subscription 225.00 Grainger Lily Lake Retrofit 305.42 Graybar Electirc Company Lily Lake Retrofit 6,367.19 Hagstrom Builders Grading Escrow Refund 1,500.00 HD Supply Waterworks, Ltd. Lily Lake Retrofit 37.67 Henry Technologies/Chill Con Products Lily Lake Retrofit 41,506.50 Heritage Printers Trip Inspection Books 657.76 IKON Office Solutions Maintenance Agreement 55.80 Lee, Bradford Park Fee Refund 150.00 Loffler Companies, Inc. Equipment Repair 511.96 Menards Supplies 600.77 Metro Fire SCBA Flow Test 75.66 Mobile Vision MHZ Radio Fee 146.42 Mondor Skating Supplies for Resale 289.42 Moore,Tim Reimburse Expenses 50.86 NAPA Auto Parts Equipment Repair Supplies 10.67 Natural Resource Group LLC Stage 3 Flood Conrol Environmental Assis 812.00 Office Depot Office Supplies 939.53 EXHIBIT"A"TO RESOLUTION#2012-068 Page 2 OnSite Sanitation Unit Rental Teddy Bear Parks 42.00 Otis Elevator Company Maintenance Contract 3,371.52 Playbuilder, Inc. Park Equipment 545.45 Postmaster Standard Mail Permit 206 190.00 Quality Propane, Inc. Magnesium Chloride Dust Control 694.69 R&R Specialties, Inc. Blade Grind 243.00 R. Hagstrom Builders Grading Escrow Refund 1,500.00 RiedelI Shoes, Inc. Skates for Resale 97.28 Riley, Peter Refund UB Credit Balance 56.90 Semple Building Movers, Inc. Lily lake Retrofit 2,500.00 Shilts Cindy Reimburse for Expenses 294.09 Siemens Industry, Inc. Lily lake Retrofit 2,819.65 Software House Int, Inc. New Computers 7,868.14 Sprint Cell Phone 0.86 St. Croix Boat& Packet Co. March &April Arena Billing 112,347.97 St. Croix Harley-Davidson Install Police Accessories 1,789.48 St. Croix Tree Service Inc. Tree pruning and removal 6,145.31 Stillwater Medical Group New Employee Medical Screening 324.19 Stillwater Motor Company Vehicle Repair 447.10 Streicher's Police Vests 2,153.00 Sun Newspaper Publication 18.90 Swissphone Usage Fees Inbound 3.99 Teledyne Isco Inc. Flowlink software 154.43 Terra General Contractors LLC Pedestrian Walkway Restroom 2,660.00 United Rentals Northwest Inc. Boom Lift 1,509.32 USAble Life Term Life Insurance 398.16 Valley Trophy Inc. Office supplies 16.03 Verizon Cell Phone 1,467.59 Vermeer Sales and Service Equipment Repair Supplies 428.06 Viking Auto Sprinkler Co. Fire Inspection 960.00 Washington Conservation Distr 1st Quarterly Billing for Shared Educator 554.25 Washington County Property Records Publications 276.00 Washington County Sheriff's Office 2012 Alerts 2,500.00 Wiegand,Sheila Reimburse for Expenses 37.22 Yocum Oil Company Fuel 10,973.09 Zarnoth Brush Works, Inc. Gutter brooms for sweeper 2,043.45 LIBRARY Ace Hardware Janitorial Supplies 18.59 ACP Direct Headsets 109.70 Amazon.com Rental DVD's 201.65 Ara mark Rug&Towel Service 52.92 Baker&Taylor Library Materials 41.51 EXHIBIT"A"TO RESOLUTION#2012-068 Page 3 BWI Library Materials 580.21 Brodart Library Materials 2,037.04 Comcast Telecommunications 56.90 Demco Supplies 191.11 Gaylord Processing supplies 120.26 Hansen,Ann Reimburse for Postage 7.83 Master Mechanical Maintenance Contract 947.25 Menards Janitorial Supplies 149.85 Office of Enterprise Technology Telephone 330.87 Quill Supplies 760.64 Toshiba Maintenance Contract 59.59 US Post Office Postage 2.90 Van Paper Janitorial Supplies 531.66 APRIL MANUALS Postmaster 2nd Qtr Utility Billing Postage 2,580.88 United Refridgeration, Inc. Recovery Service Fee 129.15 RESOLUTION 2012-069 RESOLUTION COMMENDING VARIOUS BOARD & COMMISSION MEMBERS FOR THEIR SERVICE TO THE COMMUNITY WHEREAS, the following people have served on the City of Stillwater's Boards and Commissions: Roger Tomten Heritage Preservation Commission 18+years John Malsam Planning Commission 4 years Ron Nelson Charter Commission 3+years James Martin Traffic Safety Review Committee 3 years Loretto Van Grasstek Human Rights Commission 2 years BE IT RESOLVED, that they are hereby commended; that recognition be given to the fact that they have served the City faithfully, efficiently and courteously as a member of their respective Board or Commission. The council extends to them its appreciation for their dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation resolution upon the official record of proceedings of the council and to deliver Certificates of Appreciation to all. Adopted by the City Council this 1st day of May, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 4.11111.11.1111.111111.11."41.galiMe ill Ater W THE BIRTHPLACE OF MINNESOTA DATE: April 25, 2012 CASE NO.: 2005-70 TO: City Council REQUEST: Deferral of Fee Payment APPLICANT: George I. Middleton LOCATION: 1221 North Broadway MEETING DATE: May 1,2012 AUTHOR: Bill Turnblad, Community Development Director trr BACKGROUND George Middleton received approval by the City Council to subdivide his property at 1221 Broadway Street North. Of the three approved parcels (see attached survey), Parcel A has already been divided off and a new home has been built on it. Now there is a pending purchase of the original house and Parcel C under the terms of a contract for the deed. The sale would require dividing off Parcel B. Parcel B would then be a vacant lot and new home site. According to the conditions of the subdivision approval, before filing the deed for Parcel B, Mr. Middleton is to pay the North Hill Improvement fees for sewer and water, as well as a park dedication and trail fee. (These fees are not required for Parcel C,since it was a pre-existing home site). REQUEST Since the closing on the contract for deed will not generate the money necessary to pay the fees for Parcel B, Mr. Middleton has requested a deferral of the fee payment until Parcel B is sold. • Middleton Deferral Request Page 2 of 2 EVALUATION OF REQUEST Similar requests have been made in the past to defer fee payment until lots in small subdivisions are sold. To improve the chances that a prospective buyer of such a lot would know that there are fees due pending sale of the property, the City has required a notice to be filed in the property's chain of title. A draft of such a notice is attached. The notice informs a potential buyer that prior to connecting a newly constructed home to City sewer and water, a total of$33,949.56 must be paid. This total includes $15,724.78 for sewer, $15,724.78 for water, $2,000 for park dedication,and a$500 trail fee. With this notice it is assumed that the cost of the lot would be adjusted to reflect the pending fee payment. ALTERNATIVES If the City Council agrees to allow the fee payment to occur when the property is sold,then the attached Resolution should be adopted. attachments: Survey Draft of Notice Resolution CERTIFICATE OF SURVEY Freeman,Erickson, SURVEYING . . . �562o1>HtoWALAV@lUENOATH Minor Subdivision - SILLWATER,MINNErarA s Phme 16511119.eB33 Pa S5114304331 Survey For. George L Middleton 1221 Broadway Street N. Stillwater MN 55082 N ICU 00011471 71 NCI 4 14 0104 RCM PPE YONI101?YARNED M0I A A0 IA4004 Wds�a 6rep0 allart6°ex ribSV.mbd I,CAtuas SS asAm eamiPA7110x®e0,7.00®0m.00 404.0, i ° PlASI1C CAP IYSMO'MEDIAN LI 1O1W.MESS MOM r0,yealile esNrAO11.Imo N.nw.cbcrzet?t 4CO 44fr*. br.Yms.Aaidam11600.a+brrrlrwra345y64e.rS,m if Qr-- F 01E0M3 d.ars.0OYw.ammessm.bwr4vONnor u1110PS 770042200.r.mS+.eer.ISSrartr40.400 020111n.Nam). .1 6 00101ES raNM If 10 no PIPE 10011104r PM PLASM CIA S. 8348 E'0'STAIN R.13774 Mona. 4e4741.1.47%m 11a 411.SRr6',,GSM=ISMOM.�(MALOPIXNeS77lPAlIDC arametrlyl.67a1Sbepabs PaSaP 4414,7 (10.SdMNeL,Iml lwd drD..®sNx4N0M44.am4.1hD ejaNIWatU0.m6a...mb.ldrwde5agBAegy. daYemS71m 6mi41A98.,w eV4RhM14NeYHbdArM YaLLVbAYffiePaiYwiAadSW!!aYM4Nln/m6Wr Padc NOTES tYafa°tllrJlanAbek f,GYlord OSAlei Dd'lieSRLWA]eN,rm33AWaS1.0sP dval.alkWM...,17 7.7., I)CMMA1ON Ci 1415 BEIANS SYBhY 6 BASED Cl 11E.I 051 ENE CS MAima6lrDeiamr1Y 11m044sa5Me diep.He i6 a00SABo...ofb of.aftlselasm4t,aE44aYabRallsNags,%C. 337*71 MD°(T,0311 AID 341Rfl6°IOS AMB°I N 511134104 MAUI 6 AOraaa4aM.aa0raraY7m7e7;a106a vMYearRmMatlr6•Nebak 7;*ow 6600.e77...14 ofeBlett 7,,demollSOfselrom ASSUMED 70 BEAR NOD9lMB'R. 3mwerra.uaYffistnrdIAMrILOsok1,as...mmdN.1aeRa7140M OAR:V&SCALE IMN.30 FEET I 1 ,5 0 B11 SCALE'Si 1EE7 -a..6 fa a. !al 42 / 1 / — - 422 n 01 / 3p F rM 6 / Iu 1870-23'811.11 za I �Sy.o v Iy J 0.18�� I / I'• Y �� N00'38'�'1I 'it 16Jr. ..,. 1s.o1 X80111'81'8 150.00 ` - \I. _ I Y e .= rear ( r 5 O E. St. Croix A"N.e.. /1 * , ' 1 1 I .'.'a i . / 'S H / a I Parcel A I Y ifs . ; Li 1 22,567 SA FT. 3 *S_., \ °° I 3`' c i / - ` , I I q 8,4 / lt, / uim°�ar 5 gg 1 i a.m�1. NE AM. 69. / ` _�. — — — =1 9ffi>RI- I 5 $ I 8I Parcel B / Q) s I 24842 SO.FT -7 ; / I'$ \ I 35 co cti as 00 - y "0r A /O I t °, I I w I✓• .. I 35 ii I f t— / — _ I �♦ 50:00 -� _ S I I I I /�rs ✓� ...vs, _Earn..ra.smsaa -- -- -.._. N b.aaea1 l r Tu arce C 0,1 A VIF _ "r I I I 0 r1 s8,o90 so.il r , 1 I L-L' O 1D I ..31- x m I 1.rIn I 1.*l ° 6 I 75.00 A r" 1 I I s ----I sar11'31'R �v_--- — _-:_L_ — - — --I a a 911871'91'11 10 i 1 1 !. vV --- iv VICIIIITYMAP ` — SEC.217 TJON,R20W 1-- BBInls1'lr Revisions: ) __ _........ — -._ _.. Nov®bx 16,2007-Ad6Pe7oMdd adalYy m.emmY. 001001017 hoed 6My 21.2107 xA.r83 %' Y 1, 3' i : _ ° era erse48.-84PawBa.wm..aiga.laMYr4.r .. U .fbapura.trAAeJaaoeAfe3aysg A6oaat Cg1A I N _..... - - November 142001 ..f. - — — ......_ JNeae4y.t Bate r _-. —.. — __ — x 4(40400 . �AImNe-07-In Now OE0m lCo Dm oYSde mm me*Wml 04171-1.k 7•07......ka-AD.04Raa.ed NOTICE OF DEFERRED CHARGES 1. Certification is hereby made pursuant to Minn. Stat. §444.075,Subd. 3,that water and sewer availability charges, as well as park and trail dedication charges,have been deferred by the City of Stillwater and the property described herein as effected: [Legal description of lot to be inserted here] 2. That the deferred availability charges result from the construction of sewer and water facilities incorporated into the North Hill Improvement Project and are in the following amounts as of April 20,2012: Facility Availability Charge Original Charge Charge to date Water Per-Unit-Hookup $12,500.00 $15,724.78 Sewer Per-Unit-Hookup $12,500.00 $15,724.78 3. That the deferred park and trail charges result from subdividing property at 1221 North Broadway into three lots;one for the home at 1221 North Broadway, and two for new home sites, one of which is the subject property. For each of the two lots intended for new home sites, including the subject property,the property owner is obligated per City Resolution No. 2005-105 to pay a park and trail dedication fee. The amount as of April 20, 2012 for the subject property is: Facility Availability Charge Original Charge Charge to date City Parks Per Housing Unit $2,000.00 $2,000.00 City Trails Per Housing Unit $500.00 $500.00 4. That all of the above described charges must be paid prior to any house or housing unit making a connection to City sewer or water facilities. When the charges are paid, the amount due will include interest to the date of collection. Diane F. Ward, City Clerk STATE OF MINNESOTA SS. COUNTY OF MINNESOTA ) On this day of , 2012, before me, a Notary Public within and for said County, appeared Diane F. Ward,to me personally known who, being duly sworn, did say that she is the City Clerk named in the forgoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal Corporation. Notary Public This Instrument.Drafted By: David T. Magnuson Magnuson Law Firm [Street Address] Stillwater, MN 550802 651.439-9464 telephone RESOLUTION NO.2012- RESOLUTION APPROVING DEFERRAL OF PAYMENT FOR SUBDIVISION OF PROPERTY AT 1221 NORTH BROADWAY WHEREAS, George I. Middleton received approval of a subdivision of property located at 1221 North Broadway pursuant to Resolution No. 2006-10; and WHEREAS, a condition of approval in Resolution No. 2006-10 was that "The applicant must present proof of paid assessments and paid deferred hookup charges to the Community Development Director and Finance Department before the subdivision is recorded"; and WHEREAS, Mr. Middleton has requested the City Council to defer payment of the fees on one of the three parcels approved by Resolution No. 2006-10 until the subject parcel is sold; said parcel being legally described as: All of Lot 36; together with those parts of Lot 5, Lot 6, Lot 7, Lot 35, and Lot 37, Block 7, CARLI and SCHULENBERGS ADDITION to STILLWATER, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878, recorded as Document No. 416049, lying westerly of a line parallel with and 150.00 feet westerly of the east line of said Block 7; lying southerly of a line parallel with and 419.98 feet southerly of the north line of said Block 7; and lying northerly of a line parallel with and 529.98 feet southerly of said north line of Block 7; and WHEREAS,the total fees due on the subject parcel are $33,949.56 as of the date of this Resolution($15,724.78 for sewer, $15,724.78 for water, $2,000 for park dedication, and$500 for trail fee); actual payment will depend upon accumulated interest at the time of payment. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves deferral of said fee payment until such time as the subject property is sold,with the following condition: 1. Said fees shall be paid with interest prior to issuance of a building permit for any structure on the subject parcel. Resolution No.2012- Page 2 of 2 Enacted by the City Council of the City of Stillwater, Minnesota this 1St day of May, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk ORDINANCE 1046 AN ORDINANCE TO CREATE AND ENACTION SECTION 52-17 OF THE STILLWATER CITY CODE RELATING TO DRUG PARAPHERNALIA The City Council of the City of Stillwater does ordain: Section 52-17 of the Stillwater City Code is hereby enacted to read as follows: Subd. 1. It is unlawful for any person knowingly and intentionally to use or possess drug paraphernalia. Any violation of this section is a petty misdemeanor. Subd. 2. It is unlawful for any person knowingly and intentionally to sell, offer for sale or place in any newspaper, magazine, handbill or online publication any advertisement or proclamation for sale of drug paraphernalia. A violation of this section is a misdemeanor. Subd. 3. Definitions. Minnesota Statutes Chapter 152 and the definitions contained in that chapter are adopted and made a part of this ordinance by reference, as if set forth verbatim. Paraphernalia includes, without limitation: A. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. B. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances. C. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant, which is a controlled substance. D. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances. E. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. F. Diluents and adulterants, including quinine hydrochloride, mannitol, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances. G. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana. H. Blenders, bowls, containers, spoons, grinders, and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing, or preparing controlled substances. I. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. J. Containers and other objects used, intended for use in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing or preparing controlled substances. K. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances to include but not limited to marijuana, cocaine, hashish, or hashish oil into the human body including: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. b. Water pipes. c. Carburetion tubes and devices. d. Smoking and carburetion masks. e. Objects, sometimes commonly referred to as roach clips, used to hold burning material, for example, a marijuana cigarette that has become too small or too short to be held in the hand. f. Miniature cocaine spoons and cocaine vials. g. Chamber pipes. h. Carburetor pipes. i. Electric pipes. j. Air-driven pipes. k. Chillums. 1. Bongs. m. Ice pipes or chillers. L. Ingredients or components to be used or intended or designed to be used in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance, whether or not otherwise lawfully obtained, including anhydrous ammonia, nonprescription medications, methamphetamine precursor drugs, or lawfully dispensed controlled substances. Subd. 4. Drug Paraphernalia Guidelines. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors: A. Statements by an owner or by anyone in control of the object concerning its use. B. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state of federal law relating to any controlled substance. C. The proximity of the object, in time and space, to a direct violation of this ordinance. D. The proximity of the object to controlled substances. E. The existence of any residue of controlled substances on the object. F. Direct or circumstantial evidence of the intent of an owner, or of any person in control of the object, to deliver the object to another person whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this ordinance. The innocence of an owner, or of any person in control of the object, as to a direct violation of this ordinance may not prevent a finding that the object is intended or designed for use as drug paraphernalia. G. Instructions, oral or written, provided with the object concerning the object's use. H. Descriptive materials accompanying the object, which explain or depict the object's use. I. National and local advertising concerning the object's use. J. The manner in which the object is displayed for sale. K. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, for example, a licensed distributor or dealer of tobacco products. L. Direct or circumstantial evidence of the ration of sales of the object or objects to the total sales of the business enterprise. M. The existence and scope of legitimate uses for the object in the community. N. Expert testimony concerning the object's use. 0. The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing or analyzing a controlled substance. Enacted by the City Council of the City of Stillwater this 1St day of May, 2012. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Stillwater City Council May I'2Ol2 Hand-out of Rachel K, Nelson, attorney at law Excerpted from Rolando M.Fuertes]c`8posting ^8hiShu Tobacco Information Page,~available online at: ..DSinmkingahishul began hundreds of years hetbmethe invasion ofthe big American cigarette oompmnieaand is one of the most common and interesting |iKesx'|cuufthe Arab world. Some say it originated in Turkey over 5O0 years ago, some say it originated in Syria, others claim it originated in India. Undoubtedly, ahishuis among the most innbxn|v recognizable symbols of popular Arab Culture and the cvcp�roxiugdun'und0nm locals, residcnNand tourists bears ample testimony io the nn`dwrn-day appeal ofthe ancient water pipe. Sbioho is tobacco mniumd with molasses and Gmi| Ouv*o and is smoked inn hookah, |tim very light and flavorful with u wonderful fruity urnma. ... Though the most popular flavor ia apple, others include strawberry. pineapple, apricot, grape, rose, mint, and even cappuccino! A hookah consists ofu hollow glass (sometimes clay orbrass) base which 'is filled with water, uvertical pipe topped with aclay bowl K`rshidhn and coals, and a Usually colorful hose. When one sucks on the hose, the smoke im drawn down the pipe and through the water. which cools and 6|too i1. This also produces apruoefu| bubbling Sound. This oound in as d6ioh<h/| now as the prospect ofh|owio0 bubbles ina -lass nf milk was k/ most nfuowhcnvc wcreyooIW Many people prefer uhixhu smoking 0o cigarettes and cigars because of the smooth, flavorful and cool taste of the smoke. The cooled smoke is pleasant because it doesn't tickle the throat at all." -----'......... ....... — ....... ----------- plants. "sdauo",n,^x'�,�c^,o�«p.em:us�~=uno�`;,,v~�e/�^`oa=..� "b-. vvW-mpea Yv.b~ Wd ka.i,neow rh� F�p. wm^L.m, � --| �* | aps ° ` *wyt,� 44te .` P%ru ioxolfs Erldanrra* gor Status Classification for Kingdom Plantae Down to Species Nicotiaria rustica L Cli,k on names to expand them, and on � for PLANTS Profiles, Upm the mnoo= x°gd°mplanta" plants Su^kmcdomr,�=e.b,onm vasc.l" pl"*° s="ld~*=ape,°=°ph*m' Seed p/°"t% w^g"mw"^=° Flowering plants oa= Man "wops,da nwm,ied"s E.bclass A51,d" nm^, S.!""e" �.Family ~maat""mil,—,�,~ N'To�=�-�^==I ` ^ ~��^��*�V 'A.;Iel."6acrej ���� u��ru�m From wikirtudia. the krcencyclopedia DoNmiyu mild Arabian tobacco mixed with kmvembmkmd horbs,�encm||y inhaled in small single servings from a miniature smokin� pipe cuUodamidwakh.|tis popular in the Uni�dAmb Emirates. Qatar, and other Middle Eastern countries. ' ��/`m/ l�%���yZ��J��� ���/""^.°^ From Wikipedia. the free encyclopedia Nic*/ixu/cux6cu. known in South America onMapoohu and in Vietnam oyThomc Lao (I6m�(' 16o)' isoplant in the So/ununcae family. |/isu very potent variety of tobacco. Dokhucomcsin many strengths, flavours and names. The strcn-tho nmwr from ^uo}d/ light" (the mildest) /o "extra hot" (the huohemo. |t can also bc flavoured with strawberries, bmrieno`apple, raspberries and n variety ofother fruits. Unlike flavoured shiyho tobacco, dok6uia not Oxv*umd with molasses. The variety providing the strongest ''huzz^ io referred rouu |afmux(translated literally frorn Arabic: head spin), Variant ofnnkdYYahh pipe with stern' ' mounted filter, above, and traditional DATE: April 30, 2012 TO: City Council REGARDING: Beekeeping Standards and Regulations MEETING DATE: May 1, 2012 AUTHOR: Bill Turnblad, Community Development Director BACKGROUND On April 17, 2012 several hobby beekeepers asked the City Council to consider amending the City Code to allow more beekeeping to occur in Stillwater. Currently if/ ack of 500 feet 'I e 011�jd Pr #"ve " f the City all Ws 0 e 'oe from all prb r, t* fga"K, ZK W 13 Ai The City Council d'ireet'61- &.1 Taff to ndu 2 r' e l ors 13 P' t ndards and regulations for other Cities. City staff posted an inquiry on the Minnesota City & County Manager's Association list service. We received sixteen responses. Five of the responding Cities allowed beekeeping with a variety of standards and regulations. Nine Cities did not allow beekeeping. Two Cities had no ordinance in place. SUMMARY OF RESPONSES A matrix summarizing the ordinances of the five responding Cities that allow beekeeping is found below. For reference purposes, Stillwater s regulations are included in the matrix as are the regulations and standards of the Hobby Beekeeper's Association (HBA) Model Ordinance. It is interesting to note that though no City has adopted the HBA Model Ordinance in its entirety, most every City that has recently adopted or amended their beekeeping regulations has adopted portions of the HBA model. Notes: h; A. Hives can be in rear yard only B. Bees must be kept in hives with removable frame C. A convenient source of water must be maintaittd as;(tbngs bees are active outside of hive D. No wax comb or other material that encourage5*robl$ %hg l other bees may be left on the grounds E. For each hive (colony) permitted, one nucleus c, ;5lonylbutt>nly one) is also permitted. F. Self - latching fence at least 10 feet from hive area,,veet tall. G. Not allowed on multiple family lots (three or m�11 ' dwelltnng units) H. "Warning Bee Hive" must be posted on fence. I. Beekeeper shall defend and hold City harmless atains� claims arising from the beekeeping J. Beekeeping training required. 1 Unless hives are more than 25 feet from lot lines, then no flyway barrier is required. 2 More hives allowed temporarily if the resident beekeeper provides swarm services in the City. 3 100% of abutting residents. 4 No minimum lot setback, but if a hive is less than 25 feet from lot line, a flyway barrier is required. 5 75% of residents within 150' of applicant's property lines, or proof that the applicant's property lines are 150' or more from any structure. 6 80% of residents within 100 feet of applicant's property lines and 100% of residents immediately adjacent to applicant's property lines. 7 Hearings only if there is an alleged violation of the ordinance by a beekeeper. <0.5 ac = 1 Yes No If requested 10' Yes Yesl 5 - .75 ac = 2 A, B, C, D, E, F by neighbors .75 -1 ac = 4 >1= 82 3 hives max.; eitt2U� _ Yes Yes3 No No No .5 ac min lot size No No No Nr n& No No 1 ac per hive G „4 .. 1 hive per St. F%w, Yes Yes s No None Yes Yes 2,000 square F, G, H . feet of lot <0.5 ac = 2 Nlrnie3cJoli , w Yes Yes6 If requested None Yes Yes' 5 - .75 ac = 4 B C, D, E, F, J by neighbors .75 -1 ac = 6 x. >1 =82 Stltea No No No 500' No No 1 hive t , maximum i R HO <0.5ac =2 Bet's" No 13 No No7 —Non " No Yes' .5- .75ac =4 B, C, D, E Mtidtrd, ac =6 . >1= 82 Notes: h; A. Hives can be in rear yard only B. Bees must be kept in hives with removable frame C. A convenient source of water must be maintaittd as;(tbngs bees are active outside of hive D. No wax comb or other material that encourage5*robl$ %hg l other bees may be left on the grounds E. For each hive (colony) permitted, one nucleus c, ;5lonylbutt>nly one) is also permitted. F. Self - latching fence at least 10 feet from hive area,,veet tall. G. Not allowed on multiple family lots (three or m�11 ' dwelltnng units) H. "Warning Bee Hive" must be posted on fence. I. Beekeeper shall defend and hold City harmless atains� claims arising from the beekeeping J. Beekeeping training required. 1 Unless hives are more than 25 feet from lot lines, then no flyway barrier is required. 2 More hives allowed temporarily if the resident beekeeper provides swarm services in the City. 3 100% of abutting residents. 4 No minimum lot setback, but if a hive is less than 25 feet from lot line, a flyway barrier is required. 5 75% of residents within 150' of applicant's property lines, or proof that the applicant's property lines are 150' or more from any structure. 6 80% of residents within 100 feet of applicant's property lines and 100% of residents immediately adjacent to applicant's property lines. 7 Hearings only if there is an alleged violation of the ordinance by a beekeeper. • to THE B€RTHPLACE OF MINNESOTA DATE: April 26, 2012 TO: City Council REGARDING: Beekeeping Standards and Regulations MEETING DATE: May 1, 2012 AUTHOR: Bill Turnblad, CT' bad Commun' ity Development Director� �, BACKGROUND On April 17, 2012 several hobby beekeepers asked the City Council to consider amending the City Code to allow more beekeeping to occur in Stillwater. Currently the City allows one beehive on a property if that hive maintains a setback of 500 feet from all property lines. The City Council directed staff to conduct research on beekeeping standards and regulations for other Cities. City staff posted an inquiry on the Minnesota City & County Manager's Association list service. We received sixteen responses. Five of the responding Cities allowed beekeeping with a variety of standards and regulations. Nine Cities did not allow beekeeping. Two Cities had no ordinance in place. SUMMARY OF RESPONSES A matrix summarizing the ordinances of the five responding Cities that allow beekeeping is found below. For reference purposes, Stillwater's regulations are included in the matrix as are the regulations and standards of the Hobby Beekeeper's Association (HBA) Model Ordinance. It is interesting to note that though no City has adopted the HBA Model Ordinance in its entirety, most every City that has recently adopted or amended their beekeeping regulations has adopted portions of the HBA model. O cn aJ it'i O d� Ln in z a\ 4 4 N oo cci cri r-■ N N N U) TS O• II u II 'u E G '4 ¢ 0 o II II u Ic"a N u II Inc • ., g C O y � �nroNo ° � inr, co a s Lc) ,-4 x � 'T V if? N n m '1? •cn c-+ s--1 N v; V if? N n 0 V 's? N n N o v ca o o .o o o o as v m .. ° o u CA i,• O i ✓ v ° =; v a 0 0 cu 0 o a) 4 ›,+J c� a 0 �• � v cOa ) P.._ 0.1 v w cn U ^ 0 c) • et d' M M /)., 3 Z N ZZ Z ° Z n .° O o bq c c v> O et/ o v v C vvv5 ci, - 0 > . -0 •U) inn ce, bA 0 U I 6''> 0.'N 14 771 8� � Z Z Z � � Z Z o w o U � � o o 1:1 421• 0 s 'a' 4+ O ,-o .a N cc; v iE 4) .fl Cl.) '" •.▪ ., bA v CC OA 0 a� j c>" > P-4• co cn U CCI P• y a m O N ft X, . N 5 O O M p `n v = ¢ ZwcnZ : aoPO y p. N U., m - cm U � �0 Z ■� cicli �rcri t� ooa ° ° a�i �' 3 3 � licic CU 0 0 .y ..- 'CI a U in can 0 w°' a _c >, > i 0 7 o > 4, .8 a) a) u, •c o o o 8 0 `4 o 8 2012 Greater Stillwater Chamber of Commerce Riverto n Art Festiva f North End Event Plan May 19 — 20 Plan Date: May 1, 2012 Repl��" Event Description Legend This popular annual spring event features juried artisans specializing in a wide variety of handmade art including: clay, fiber, glass, jewelry, metal, wood, photography, painting, drawing and digital Art. The criteria for judging includes: originality; balanced presentation; over- all quality, including skill and craftsmanship; attention to fundamentals, including color, texture and composition; creative use of materials; and professionalism. With the St. Croix River and Historic Lift Bridge in the background, the crowd will enjoy strolling among the artist exhibitors throughout the two - day event. C Exhibitor Booth O Food Table M 9 Existing Electrical Source P—+ Road Barrier © Handicap Portable Toilet Portable Toilet _ Dumpster C G T11 I R tM yo L,."U 0ek tad I)W, SO— Board of Directors Paula Hamann Chair Steve O'Brian Vice Chair Greg Nygard Past Chair Todd Streeter President Kevin Sandstrom Secretary April 30, 2012 Mayor and Council Members City of Stillwater 216 North Fourth St. Stillwater, MN 55082 Dear Mayor and Council Members: Chris Schiltz Treasurer We fully appreciate and support the investment the city has made to improving Diane Iten Lowell Park. We also fully understand the need to charge for the use of the Chuck.LeRoux park and for additional services rendered by the city during such events like the Paul McCarthy Rivertown Art Festival. I think we could all agree this is a year of significant DJ Raduenz transition (and related construction) to Lowell Park which draws visitors to events like the Rivertown Art Festival. The Rivertown Art Festival is also going through its own transition since the Chamber has taken back management of this event. We surveyed past vendors and we are responding with significant changes of our own; including strict jurying of artists to eliminate offerings not adhering to new specifications, and dramatically reducing the number of concessions to conform to a smaller, yet better art festival. We believe these changes are necessary to reposition the festival for a brighter future in years to come, but they do come at a significant reduction from past years — namely a reduction from 200 artists to approximately 100, and a similar reduction from 23 food concessions to 10. We felt substantially reducing this year's event was appropriate given all the construction of areas in and around Lowell Park that made this year's festival somewhat problematic to plan and perhaps challenging for event vendors and attendees. In light of these significant changes to the event which council, parking commission and staff were not aware, I have some questions pertaining to the significant rise in fees: Electrical Power: $800 this year vs. $160 in 2011, a 500 percent increase Portable Toilets: 24 required this year when we had 8 for 80 vendors at the Fall Colors Art Festival, a 300 percent increase Parking Fees: $2,313 paid in 2011 vs. $3,627, a 57 percent increase Trash Removal: $0 in 2011 and $192 this year (This was contracted out) We hope you will agree that the dramatic rise in fees is not in proportion to an event that will perform at 50 percent less than in previous years. 1950 Northwestern Avenue • Suite 101 • Stillwater, Minnesota 55082 - 651.439.4001 www.ilovestillwater.com Again, we fully support the improvements that the city has undertaken to make Lowell Park a terrific spot to enjoy the beautiful river and for events to draw visitors to our wonderful city. However, given the changes to the park and to the event this year, we respectfully submit the following recommendations as a compromise to this year's unique situation. Option A Deposit checks presented separately Irrigation Deposit: $750 Water Key Deposit: $50 Usage Fees: Park Fee: $250 (Reduction due to recent construction activity) Electrical Boxes: 3 needed at $20 x 2 days = $120 Portable Toilets: 9 provided by Chamber, plus use of south Lowell Park city toilets Parking: $1,500 (2011 fee was $2,313 without construction or access issues and includes lots specified in 2012 contract) Option B Use only Lot #4 and #5: $360 + $188 (by our calculations) + $250 park fee = $798 Electrical Boxes: Access is to 2 at $20 x 2 days = $80 Portable Toilets: 9 provided by Chamber We hope the city understands that construction of Lowell Park improvements has essentially eliminated a significant portion of available artist booth areas, access and parking from previous years. The construction of improvements will impact the enjoyment and success of the event from the vendor's point of view and certain accommodations are needed to make this year's event successful despite the desired improvements to Lowell Park. Thank you for your thoughtful consideration of these recommendations that take into account this year's unique circumstances. Regards, Wm. Todd Streeter President/Executive Director 1950 Northwestern Avenue • Suite 101 • Stillwater, Minnesota 55082 • 651.439.4001 www.ilovestillwater.com iliwater Administration Memorandum To: Mayor& City Council From: Diane Ward, City Clerk Date: 4/27/2012 Re: Rivertown Art Festival Special Event & Contract Attached is the special event application and contract for the 2012 Rivertown Art Festival. The Parking fee per the 2012 fee schedule is $3,627 (Lot 2 =$2,970; Lot 4 =432; Lot 5 =$225). The Park & Recreation Commission approved the contract as written(attached) with the park usage fee of $500.00 along with a$750.00 park damage deposit(increase from $250 because of the new irrigation system in the park). The Organizer will be providing the barricades for the event. It should be noted that power and trash receptacle costs are not included in the contract, but according to the new special event policy this event would also be charged for those items. The charges would be as follows: Outlets: $20.00 per electric box X 10 outlet boxes X 2 dates = $800.00 Trash receptacles: $8.00 per trash receptacle X 12 receptacle X 2 dates= $192.00 An additional 24 portable restrooms are required and the Organizer may obtain them through the City (additional cost) or through their own contract. Summary of Costs are: Parking Space Fee: $3,627.00 Estimated City Services (not including portable restrooms): 992.00 Park Fee(not refundable): 500.00 Irrigation System/Park Damage Deposit 750.00 Water Shut Off Key Deposit 50.00 Total Cost Due by May 11, 2012 $5,919.00 ACTION REQUIRED: Review event and contract. If Council wishes to approve the event and contract they should pass a motion adopting a resolution entitled "Approving 2012 Rivertown Art Festival Agreement". APPROVING 2012 RIVERTOWN ART FESTIVAL AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Greater Stillwater Area Chamber of Commerce and the City of Stillwater for the 2012 Rivertown Art Festival Agreement event 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 May, 2012 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk ate EVENTS PERMIT APPLICATION 216 North 4th Street,Stillwater, MN 55 J C C E I V l� THE BIRTHPLACE OF MINNESOTA Telephone: 651-430-8800 Fax: 651-430 8809 E LJ MAR 2 3 2012 Incomplete applications or applications received after deadline will not be •it s • accepted. See Event Instructions for application deadline and fees. Date Appli ron OF g Date of Application: Type: Event Special Even�.'a� Event Information Title/Name of Event Rivertown Art Festival Friday,May 18,2012 12:00 pm. 7:00 pm. Event Date/Time: Set up: Date Time to Actual Event Date Sat/Sun,May 19-20,2012 Time 10:00 am. to 5:00 pm. Clean up: Date Sunday,May 20,2012 Time 6:00 pm. to 9:00 pm. (Events after 10:00 p.m.require a variance from City council) Location(Address)of Event: Lot 2,Lot 4, Lot 5(south 1/3 due to plaza construction)and Lowell Park(north and (If in Lowell Park please specify north or south Lowell park) South) Description of Event(please be specific-this information will be used to promote the event on the City of Stillwater website) The 34 Annual Rivertown Art Festival,spring's most popular regional art event,takes place along the banks of the picturesque St.Croix River. More than 150 artisans showcase some of the best hand-made ceramics,pottery,paintings,wood carvings, jewelry and photographs in the Upper Midwest during this much anticipated two-day event Estimated Attendance(participants and spectators): 15,000 Applicant Information(Person/Group Responsible) Sponsoring Organization Name: Greater Stillwater Chamber of Commerce Mailing Address: 1950 Northwestern Av. Suite 101 City,State,Zip Code: Stillwater,MN 55082 Primary Contact/Applicant Name: Todd Streeter Phone Number: 651.439.4001 Fax: 651.439.4035 Cell Phone: 651.325.7642 Email Address: tstreeter@ilovestillwater.com Website Address: (event site)www.stillwaterrivertownartfestival.com / (Chamber site) www.ilovestillwater.com Name of contact person during event:Todd Streeter,executive director Cell Phone: 651.325.7642 Alternate contact during event: Dolly Parker,event administrator Cell Phone: 612.270.7387 Refer media or citizens inquires to: Todd Streeter Phone: 651.325.7642 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables,stages,tents, fencing,portable restrooms,vendor booths,trash containers,etc. If event involves a parade,race or walk, please attach a route map highlighting route. Include rest stop stations,crossings,signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No ❑ Yes El Number and size:1 on downtown main street Will there be any inflatables? No Il Yes ❑ insurance certificate from rental vendor is required Will there be entertainment? No ® Yes ❑ What type: We may have some light Fees for electricity may entertainment,not sure op*see instructions Will sound amplification be used? No 0 Yes 0 Hours and Type: Not likely if we decide to have light entertainment Will a stage or tent(s)be set up? No 0 Yes ❑ Dimensions:Only if our Flavors of the Valley local food tent is supported by enough participants Will there be temporary fencing? No 0 Yes ❑ Will merchandise/food items be sold? No How many Maybe 12-15, Fees for electricity may Yes vendors expected: more if food tent apply see Instructions Will food be prepared on site? No ❑ Yes ® Contact Washington County Health Department,651-430-6655 Will cooking operations be conducted? No ❑ Yes IJ Contact Stillwater Fire Deportment 351-4950 Will alcohol be served but not sold? No JJ Yes ❑ See Alcohol Regulations in the instructions Will alcohol be sold? No 0 Yes ❑ See Alcohol Regulations in the Instructions Will there be a fireworks display? No g Yes ❑ Permit required,contact Stillwater Fire Department,651-351-4950 Describe power needs and location of power source. Existing power boxes. Boxes need to be unlocked by Friday noon. Describe level of advertisement(ie,radio,flyers,ads,tv,press release).Attach sample if available Art fair publications,Stillwater main street banner,local newspapers articles and ads,local radio and press releases. City Services (After reviewing the event application,City services may be requried for the event) Will event use,dose or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ❑ Yes IN Start/End Time: Fri 7 am-Sun 9 pr Date:May 18-20 City Sidewalks or Trails No ❑ Yes El Start/End Time: Sat 7 am-Sun 9 p Date:May 19-20 Public Parking Lots or Spaces No ❑ Yes g Start/End Time: Fri-7 am-Sun 9 r Date:May 18-20 Will event need barricade(s)? No Yes ❑ Number needed: Feesmayapply see instructions Will extra picnic tables be needed? No OK Yes 0 Number needed: Fees may apply see instructions Fees may Will portable restrooms be needed? No ❑ Yes El Number needed: Approx.8-10 see instructions Will extra trash receptacles be needed? No ❑ Yes Number needed: approx.12 fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Chamber will make arrangements for portable restrooms,waste receptacles and removal,and general event dean-up. Will event need traffic control? No Yes gi Contact Stillwater police Department for assistance,651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Chamber will contact city for reserve officer(s)to help attendees cross Chestnut during event hours as needed. Will No Parking Signs"be needed? No ISJ Yes ❑ Number needed: Fees may apply see Instructions Show location(s)on site map Will event need security? No ❑ Yes ® If event is overnight,security will be required. If using private secruity,list Security Company and Contact Information: Same city arrangements as the Fall Colors Fine Art and Jazz Festival. Will event need EMS services? No Ix] Yes ❑ Contact Lakeview EMS,651-430-4621 Describe plans to provide first aid,if needed: Describe the emergency action plan if severe weather should arise: During severe weather conditions,exhibitors will be told to drop,close or secure their tents and works of art until weather conditions improve. if lightening or tornado warnings are present,exhibors will be told to secure their tent and seek the nearest shelter immediately. List any other pertinent information: Local restaurants have been invited to participate in the Flavors of the Valley food tent. It is not known at this time if there will be enough participants to offer this food option. If enough area restaurants don't participate and the tent is not offered,a few more food concession vendors may be needed. The sponsor(s)of this event hereby agrees to save the City,its agents,officials and employees harmless from and against all damages to persons or property,all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance"may be required. If insurance is required,the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy"as their interest may appear."As the sponsor or authorized representative,i certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and'. r-le,seof o,;rf. • Signature of Applicant or uthorized Agent Date *t 1404 e Y- iiii NI. tar Nt . F Y Cei ` c W F s Y E v r W W b u v a o � a m'; W V W C S G p Ili 400- 0. 'Li;!4),,,,;,,0 ..0, 40y,i_itz_.,,, ,0411„„ 4.,,,,,,,,:.::,, .,,„„,,,. 4 It,,,. , c d -o 0 I a> o m ,o 113 i .gym' 20 o Y t' U cb • `O 0 • 2 v Yr .,,. = N R N mL ' A.+._ m• lull N is ° t u>i o a Ei �� v ° u m c £L a `"t N 0 f0 c N U ;— on•W m o o c °• a o • E ° o ¢ c N W�,o io U N N �: c (wJ — - ...2$w,. N• CU N �.3 L 3 . � d _ U O O a ° k I=— mE I-76 � va e.$,vt fir.=. : '6!::,,:.: ,• m O •i YI , 46. bm d d N W MI • 0 "' 4w N A. N 3 c > G uiiir j N U N F'r' N V N N O D ' ,r io 40• 0 sio*-404411 , lilt 0 E CD CL CU go. , ,,, iir .,,,, I ik, - — . 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Vy a " J a Q '§ ca a � -a ai c.) -o I W [ E - c ( E 2 n y cD ° L' -c° c° o- a' ci, 0 rn I W E J -o _ _„,a-, > m i 2 a_ o 0 >, i ca cn O ` a`) ca in s Y 13m � � ° � 3c� � i � z � c> > ° o ca ° _ Z m~ To Twin Cities L L I vin f ,- O CO m = CO rn ° r O N O-0 M 0- N N E d- I i 2 _ • • • • • O 1� O ... O ..- O O O O O O U in HWY 36 1 J J J J J CO J J N J J J CD Z O 67 CO 2012 RIVERTOWN ART FESTIVAL AGREEMENT THIS AGREEMENT is made this day of 2012, between the CITY OF STILLWATER, Washington County, Minnesota ("City), and the GREATER STILLWATER AREA CHAMBER OF COMMERCE, a Minnesota non-profit corporation("Organizer"), . 1. Rivertown Art Festival. The City has encouraged Rivertown Art Festival ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, May 18, 2012— 12:00 p.m. —7:00 p.m. Event: Saturday and Sunday, May 19 &20, 2012— 10:00 a.m. -5:00 p.m. Cleanup: Sunday, May 20, 2012—6:00 p.m. to 9:00 p.m. 3. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 4. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Levee Road (Lowell Park) and shall hire any security personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. 8. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE ORGANIZER). The Event is given use of Lots 2,4 and the southerly 25 spaces of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 9. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than May 11, 2012 prior to the event. Failure to make the payment will result in the cancellation of the Event. Page 1 of 4 In the event of a cancellation of this Event after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 10. Flood Wall Construction. In cooperation with The United States Army Corps of Engineers (US ACE) the City is planning the construction of Stage 3 of the Downtown Stillwater levy project, which includes constructing a low floodwall/levee along the western side of Lowell Park. This work is anticipated to start sometime in 2012. The Organizer understands and acknowledges that construction of this project may limit access to portions of parking if the US ACE chooses to proceed with construction or staging. In order to accommodate construction and staging activities the City reserves the right to adjust which parking lots may be used by the Organizer for this Event to accommodate the levy project. 11. City Improvements. The Organizer understands and acknowledges that the City may be completing grading, parking lot improvements and park improvements in the area of the Event and in order to accommodate this construction and staging activities the City reserves the right to which parking lots may be used by the Organizer for this Event to accommodate any City improvements in the Event area. 12. Park Property. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 13. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of$750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the Event. 14. City Services. The type and amount of materials needed for the Event will be determined by the Assistant Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The number of portable toilets will be established in consultation with the Stillwater Assistant Public Works Superintendent and be serviced each day of the event. The Organizer shall also stock the existing restroom facilities in Lowell Park during the event with supplies provided by the City. If portable toilets are privately contracted, all portable toilets will be removed by the close of business on Monday following the event. In the event that all portable toilets are not removed before the close of business on said Monday, the Organizer will reimburse the City for costs incurred in removing the portable toilets. Page 2 of 4 b. Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on May 18, 2012 at the parking lot entrances on Mulberry, Myrtle, Chestnut, Sam Bloomer Way and Nelson as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City on May 18`t', 2012. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. 15. The Organizer agrees to submit a user's park fee of $500.00 payable to City at the signing of this contract. 16. Vendors. a. The Organizer agrees that any vendors using cooking facilities will be inspected for safety by the Stillwater Fire Department b. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. 17. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 18. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 19. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this day of , 2012. GREATER STILLWATER AREA CHAMBER OF COMMERCE By: Todd Streeter, Executive Director Page 3 of 4 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2012, before me, a Notary Public within and for said County, appeared Todd Streeter, to me personally known, who, being duly sworn, did say that he is the Executive Director of the Greater Stillwater Area Chamber of Commerce and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2012,before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, 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 Page 4 of 4 jJjr Administration Memorandum To: Mayor& City Council From: Diane Ward, City Clerk Date: 4/27/2012 Re: Stillwater Omnium Contract At the last meeting Council approved the Stillwater Omnium Special Event that will be held on June 24, 2012 in the Industrial Park. Attached is the contract for Council approval. ACTION REQUIRED: If Council wishes to approve the attached contract they should pass a motion adopting a resolution entitled"Approving 2012 Stillwater Omnium Agreement" APPROVING 2012 STILLWATER OMNIUM AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between The Bikery Du Nord (Oliver Vrambout) and the City of Stillwater for the 2012 Stillwater Omnium event 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 May, 2012 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk • 2012 STILLWATER OMNIUM AGREEMENT THIS AGREEMENT is made this day of , 2012 between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and THE BIKERY DU NORD (OLIVER VRAMBOUT), a (an) ("Organizer"), 9 Point Road, Bayport, MN 55003 1. Race. The City hereby authorizes Organizer to organize and conduct a Bicycle Race to be known as the "Stillwater Omnium" (and/or the "Race") in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. 2. Dates and Hours of Event: June 24, 2012 Setup: 8:00-9:30 a.m. Event: 9:30 a.m. to 2:30 p.m. Cleanup: 2:30 p.m. to 3:30 p.m. 3. Starting, Finish Line &Routes a) 1.3 Mile Loop: Starting West bound on Tower Drive, thence North on North bound Washington Avenue; thence East on East bound Washington Avenue; thence south bound on Northwestern Avenue; thence west bound on Tower Drive b) Changes in the Race Course or Start and Finish Lines that deviate from the Race Course described in this section may be made only by agreement of the Parties, and far enough in advance of the Race to allow for public input, public safety and health considerations to be smoothly adapted to any changes. 4. Parking Control. The purpose of the Parking conditions is to ensure that businesses retain parking availability for their customers during the Race. To further this purpose, (a) Organizer will: i. Organizer will submit a traffic and participant parking plan to the Police Chief by June 1, 2012 for City review and comment. ii. The parties agree to monitor the parking disbursal plan for the finish of the Race that addresses and mitigates parking congestion in the Industrial Park, in order that normal businesses housed in the Industrial Park are not damaged by Race congestion. The plan must be finalized by Organizer in consultation with the Stillwater Police Chief by June 15, 2012 5. Traffic Control Points. The intersections of all streets and roads on the Race Course (Course) will be controlled by Police or event staff. Traffic will be allowed to cross the course at every intersection, bicyclist traffic permitting. In addition, Race staff will assist customer doing business in along the course in getting out of driveways and escorting them to the nearest cross street, bicyclist traffic permitting. Businesses on the course will receive a direct mailing from Organizer informing them of specific Race timelines and will be given a direct"hot line"number to reach on Race day. Further, on the night before the Race, Organizer will attempt to make personal contact with owners of vehicles that appear to be parked on the Race course. This will be done in conjunction with the Stillwater Police Department. Every effort will be made to minimize or even eliminate the involuntary towing of vehicles because of the Race. By June 15, 2012, a Road Closure Plan must be agreed upon by Organizer and the Stillwater Police Chief. 6. Police Power. The City reserves the right to shut down the Race in the event the Chief of Police determines that the public safety is threatened, or the health or safety of Race participants is threatened because of weather, temperatures, or any unforeseen cause that threatens the public health or safety or if closure is directed by the Medical Doctor designated by the Race in the Emergency Plan. 7. Emergency Plan. The Race emergency plan will be designed by Organizer with the assistance of Race experts, Police and Fire Departments and Lakeview Hospital Emergency Services. This plan must be received by the city at least 30 days prior to the race. 8. Water Stops and First Aid Stations. Water and first aid stations will be established at the start, finishes, and throughout the race course in keeping with National Race Standards for Races. 9. Food, Liquor and Vending. Organizer may provide commercial food, liquor or vending, however the consumption of alcohol shall be contained to a fenced area on the private property of Lift Bridge Brewery at 1900 Tower Drive. Organizer shall take every precaution necessary that no alcohol is consumed on any other property along the route. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages to Race participants. 10. Other Agencies. Organizer is responsible for obtaining all necessary agreements and permits with outside agencies 11. City Services. The type and amount of materials needed for the Event will be determined by the Assistant Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a) Portable Toilets. Organizer will provide portable toilets that will be placed near the starting line, near the finish line, and spotted throughout the course in keeping with Standard Race Requirements. The number of portable toilets will be established in consultation with the Assistant Public Works Superintendent. Organizer shall work with private property owners for location of portable toilets. In the event that all portable toilets are not removed before the close of business Monday, June 25, 2012, the City is authorized to contract for and remove the toilets and add to costs so incurred to the costs that Organizer is required to pay pursuant to §12 of this Agreement. b) Barricade Placement. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on date of event. Organizer shall follow the submitted traffic control map. All barricades and cones will be removed by Organizer by 4 p.m. on Race day. c) Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Page 2 of 4 Event. The Organizer shall make certain that all trash is picked up during and after the Event as a result of the race, including spectator trash and is disposed of by sundown on the day of the Race the race. In the event that all trash is not picked up and removed, the City is authorized to contract for and remove the trash and add to costs so incurred to the costs that Organizer is required to pay pursuant to §12 of this Agreement. 12. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services needed to safely conduct and maintain the Race or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e. neighborhood meeting expenses and/or city equipment) shall be received by the City no later than three (3) weeks prior to the event. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Race after the deposit is made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Race, before returning the balance to Organizer. 13. Public Information. Organizer will make every reasonable effort to notify property owners and businesses along the Race courses of any restrictions that might be placed upon their movements during the Race. Leaflets providing this information must be delivered to each such owner by mail one week before the race and delivered to the mailbox of each owner on the Friday before Race day. 14. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear"by June 15,2012 15. Term. The term of this Agreement will be one year unless terminated earlier by the City on public safety grounds. 16. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. THE BIKERY DU NORD By Oliver Vrambout Its • Page 3 of 4 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2012, by Oliver Vrambout, the , the duly authorized agent for THE BIKERY DU NORD., a(an) Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2012, by Ken Harycki, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public • Page 4 of 4 (Sti11wr ,./.-,..------ 'i,T H E BIRTHPLACE O F MINNESOTA DATE: April 25, 2012 TO: City Council REQUEST: Acceptance of Stillwater Noon Rotary Club Donation MEETING DATE: May 1, 2012 AUTHOR: Bill Turnblad, Community Development Director "C (T'; BACKGROUND As the Rotary organization turned 100 years old, the Stillwater Noon Rotary Club envisioned a Centennial Project that it could donate to the community. The service club has considered several proposals over the years and each met barriers of one sort or another. This year city staff suggested to the club's Board that they consider making a donation toward the pedestrian walkway's seating area as their Centennial Project. On April 23, 2012 their Board unanimously approved a donation of$13,000 towards the seating area's permanent improvements. REQUEST The Stillwater Noon Rotary Club is requesting the City Council to accept their donation of$13,000 towards the pedestrian walkway seating area improvements. RECOMMENDATION Accept the donation and memorialize the gift with a plaque in the seating area that notes that the seating area was funded in part by the Stillwater Noon Rotary Club. attachments: Resolution of Acceptance RESOLUTION NO. 2012- RESOLUTION ACCEPTING DONATION FROM STILLWATER NOON ROTARY CLUB WHEREAS, Rotary International encouraged each of its clubs to plan a Centennial Project in recognition of reaching 100 years as a service organization; and WHEREAS, the hope is that each Centennial Project will benefit the entire local community and have a lasting impact; and WHEREAS, the Downtown Stillwater Walkway will benefit the entire community and have a lasting impact and consequently the Stillwater Noon Rotary Club would like to donate $13,000 towards the Seating Area portion of the Walkway Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the donation towards the Walkway Seating Area improvements. Enacted by the City Council of the City of Stillwater, Minnesota this 1st day of May, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk (44..Sittoolo ter` THE EIRI HPI.A e OF tdiHNESA ' A Memo To: Mayor and City Council, From: Shawn Sanders Director of Public Works Nick Chaves, Assistant Public Works Superintendent Date: 4/26/2012 Re: Purchase of front mounted snow plow wings outfitted on existing plow trucks BACKGROUND We have been looking at the possibility of installing snow plow wings on our existing plow trucks to reduce plowing time and increase efficiency of snow plowing operations. DISCUSSION On 4-17-12 Council approved the purchase of a new truck with trading in our existing graders towards the purchase price. Council also approved the purchase of a new wood chipper, trading our existing wood chipper towards the purchase. With the trade values of the existing equipment there will be funds remaining the new equipment purchases of$54,307.00 in the 2012 Streets Capital Outlay. It is proposed that we use the balance to purchase and outfit three of our existing plow trucks with front mounted snow plow wings. From MN State Contract we received quotes from Aspen Equipment for the snow plow wings for three trucks for the price of$48,209.18 tax included. There is a six week delivery time for the parts and installation would take four weeks for each truck. ACTION REQUIRED It is recommended that Council approve the purchase of the wings to be installed on 3 of our existing plow trucks for$48,209.18 using left over funds in the Street Capital Outlay Funds. d\ott0,4,1 4.400A4 30"24'141."4-4 143.‘. 14#"/" Memorandum Date: April 24, 2012 To: Mayor and City Council Members City Administrator Larry Hansen From: Chief John Gannaway Subject: Replacement of 2004 Chevrolet Trailblazer One of our investigators currently drives a 2004 Chevrolet Trailblazer that was pressed into service from our forfeited vehicles as we did not budget to replace the previous vehicle. The Trailblazer currently has almost 140,000 miles, and as of late, needs an estimated $3300 in repairs (differential, critical brake issues). This is after we did a major repair of the transmission almost two years ago. This vehicle replacement was included in the Department's 2012 Budget. Our current 'fleet' of forfeited vehicles is definitely less than desirable for Department use. Investigators need either large sedans or small SUV's to carry the various crime scene and other equipment they utilize on a daily basis. We also try to vary our fleet in different makes and models of vehicles for surveillance purposes, so we don't any vehicles that look too obvious as unmarked squad cars. Based upon cost and fitting our needs,we are recommending the purchase of the 2013 Ford Escape for the State of MN Contract Price of$19,549.55 (actually cheaper than the sedans of similar available cargo space). A hybrid version of the Ford Escape is available via State Contract for$29,435.55. \\teN ' ; • 91(04 ,, r 1 � BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 • FAX: 651-439-4061 April 20, 2012 Diane Ward 216 4th St N Stillwater, MN 55082 Dear, Diane George Vania's term on the Board of Water Commissioners expires on June 30, 2012. He took over the remainder of Board members O'Brien's term on November 7, 2011. He has expressed his willingness to again serve on the Board. Based on the interview process we went thru last fall, it is the desire of the Board of Water Commissioners to ask for Mr. Vania's reappointment, as a member of the Board of Water Commissioners. Sincere Steve Speedling President . F If st STILLWATER TOWN BOARD MEETING April 12, 2012 Town Hall 7:00 P.M. PRESENT: Chairperson Jim Hiniker, Supervisors Linda Countryman, David Johnson, Sheila-Marie Untiedt and Matt Beane, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Sherri Buss, Treasurer Marsha Olson, Park Manager Rick Jacobson and Chief of Police Steve Nelson. 1. AGENDA - M/S/P Beane/Countryman moved to adopt the agenda as amended. (5 ayes) 2. MINUTES - M/S/P Countryman/Beane moved to approve the March 8, 2012 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - a) Report given. There was a discussion of ditching and mowing. Engineer Paul Pearson will review our policy with Raleigh so the costs do not get out of hand. b) Checks and Claims - The following checks and claims were approved for payment. Claim No Vendor Amount 41811 Campbell, Knutson $1,030.45 41812 CenturyLink 101.39 41813 Construction Bulletin 269.50 41814 League of Minnesota Cities 1,241.00 41815 Maroneys Sanitation 235.64 41816 MFRA 5,831.40 41817 MJ Raleigh Trucking 25,491.75 41818 Kathleen Nelson 42.16 41819 Stephen Nelson 785.00 41820 Marsha Olson 16.26 41821 On Site Sanitation 143.82 41822 The Outing Lodge 650.28 41823 Beverly Petrie 3,440.00 41824 Robert P Ranalla Sr 20.75 41825 Robert P Ranalla Jr 553.94 41826 Kathryn Schmoeckel 93.88 41827 St Croix Recreation 1,679.01 41828 Stillwater Gazette 146.15 41829 TKDA 1,441.66 41830 Washington Co Public Safety Radio 103.02 41831 Department of Labor & Industry 18.62 41832 Internal Revenue Service 442.34 41833 Minnesota Department of Revenue 11.53 41834 PERA 253.94 c. s Stillwater Town Board Mtg. —4/12/12 Page 2 41834 Xcel Energy 132.54 41836 League of Minnesota Cities 7,018.00 Nelson, Kathleen M 501.06 Nelson, Stephen W 1,151.07 Olson, Marsha Ann 525.37 Ranalla Sr, Robert P 212.29 Schmoeckel, Kathryn G 619.09 4. ATTORNEY - a) Washington County Planning Commission - Sheila-Marie Untiedt has been appointed to the Washington County Planning Commission. There was discussion of a possible conflict of interest. The Washington County attorneys are looking into this and we are still waiting to hear. Apparently the County has dealt with this situation before. 5. PLANNER - a) Bergmann Sign Permit - An application has been received for a sign permit. Per the ordinance, they are allowed one sign up to 32 square feet with a Certificate of Compliance. Questions have come up with the residents across from them on 62nd Street. The consensus of the Board was to allow: a sign at the corner of Highway 36 and Manning Avenue, a sign at 62nd Street and Manning, an advisory sign along 62nd Street, an entrance sign and 4 or 5 seasonal decorative signs along Manning Avenue. b) Variance Recommendation from Planning Commission - The Planning Commission has recommended we adopt the proposed changes to the zoning ordinance which replaces the criteria for granting a variance from "hardship" to "practical difficulties". M/S/P Beane/Johnson moved to approve the change as proposed. (5 ayes) c) Metropolitan Council - Our Comprehensive Plan amendment regarding transportation and parks has been approved. Planner Sherri Buss gave an update on the study of post 2030 sewer area. Council staff have indicated that the agency is selecting a consultant for the study. The study is likely to start in 2012 and go into 2013. d) Outing Lodge - We have received an application for amendment to their PUD which was reviewed. They are asking for 10 changes. The consensus was to let the application go forward. Sherri Buss will notify them that issues such as the winery and brew pub will have a longer time frame than the other issues. The notification list will be increased to 1/4 mile. e) Local Surface Water Plan - Sherri Buss will send a letter to the Governor with copies to the legislature, watersheds. Metropolitan Council, and other state agencies, regarding the overlapping bureaucracies. An action item they can take might be coordinating planning cycles for updates with comprehensive plan updates. 6. PARCHETA WATER SKI PERMIT - Chief of Police Steve Nelson confirmed that there have been no complaints either to him or to the Sheriff's office. M/S/P Johnson/Countryman moved approval of the Water Ski Course on Loon Lake for 2012. (5 ayes) Stillwater Town Board Mtg. —4/12/12 Page 3 7. CHIEF OF POLICE - a) Report given. There were 23 burning permits, two for buckthorn. A burning ban is now in place. No dogs were impounded. b) CUP Compliance - Steve Nelson is checking on our CUPs. Eight are done and there are four to go. He will have a final report at the next meeting. c) Code Red Alert - There was a code red alert for some Township residents regarding an incident on April 5 with an all clear given on April 8. d) Burglary - There was a burglary on March 30th. There is a person in custody. e) Hijacking - The victim of the recently reported hijacking has recanted. The incident did not happen. f) Speed Sign on 100th Street - The consensus was to add a "30 MPH" speed limit sign at the entrance of the development and easterly of the Perkins intersection. 8. TOWN HALL RENTAL - Karen Markowitz was resent to discuss using our town hall P 9 for their meetings of the Senate District 39, Republican Party of Minnesota, on the third Thursday of the Month. There would usually be 10 people or up to 30 people. The consensus was to allow this with renewal on an annual basis. If the town hall is needed for Township business on the third Thursday, they would need to reschedule their meetings. 9. ENGINEER - a) Bids for 2012 Bituminous Road Project - M/S/P Countryman/Beane moved to approve the bids as recommended by Paul Pearson except delete the town hall patching. (5 ayes) b) Town Hall Parking Lot - M/S/P Johnson/Untiedt moved to authorize up to $2,000 for crack sealing in the town hall parking lot. (5 ayes) Paul Pearson received an email indicating Shawn Sanders, City of Stillwater, offering to do our parking lot crack sealing for free. We will accept their offer. c) Elm Tree on Arcola Trail - Steve Nelson had received a call from a resident who requests an elm tree in the right of way at 10156 Arcola Trail be removed. M/S/P Johnson/Beane moved to authorize removal of the tree. (5 ayes) 10. PARK COMMITTEE - Three grills in Otto Berg Park are rusted and need to be replaced. M/S/P Countryman/Beane moved to approve the expenditure not to exceed $750.00 for three grills in Otto Berg Park. 11. LANDSCAPING IN FRONT OF TOWN HALL - Matt Beane will check to see if any Boy Scout Troops would be interested in this project. 4H and FFA may also be interested. The plants should be drought resistant and low maintenance. The downspouts should also be redirected. 12. COMMUNICATION COMMITTEE - The consensus at the recent Joint Board meeting was to have a Special Joint Meeting with the Stillwater Town Board and the Stillwater City Council to discuss annexation issues to develop an overall policy to deal with issues outside of the annexation area and to discuss the 2015 timeline. A meeting is proposed for May 1st at 4:30 p.m. at City Hall. Stillwater Town Board Mtg. —4/12/12 Page 4 13. DOG PARK IN THE ANNEXATION AREA - A dog park is under consideration next to the new public works facility. This property is now in the City but Township residents border the property. The people at the Joint Board meeting who expressed concerns were Township residents. Board members will visit other dog parks and talk to other communities and let Linda Countryman and David Johnson know of their opinion of this. There will be more discussion at the next Joint Board meeting. 14. WATERSHED REPORT - Sheila-Marie Untiedt reported on recent watershed meetings she has attended. The letter Sherri Buss sends to the governor may include a paragraph on their lack of accountability. There was discussion of how we can have more say in how their money is spent. 15. ADJOURNMENT - The meeting was adjourned at 10:10 p.m. Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners April 10, 2012 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Commissioner Reports—Comments—Questions The Commissioners reported on the following items: - Commissioner Weik—reported that the Southwest Light Rail Management Committee meeting was cancelled; she attended Congresswoman Bachmann's visit to the Stillwater Bridge; the Gateway Corridor open house held in Woodbury had 50 to 75 people attend; she attended the meeting of the Metropolitan Council Transportation committee to give an overview and update of the Gateway Corridor and she heard an update on the Bottineau Transitway scoping comments; she attended the Metropolitan Energy Policy Coalition and participated in the solar tour at District Energy; and she plans on attending the Finance Committee meeting following the Board meeting; - Commissioner Lehrke — reported she met with Steve Campos of the Washington County Yellow Ribbon group; she worked on National Association of Counties membership committee items; she worked on the Denmark Township school house and they appreciated the county's suggestions; she made travel arrangements for the Solid Waste Management Conference in May; and she attended Congresswoman Bachmann's bridge event; - Commissioner Kriesel — reported he attended Congresswoman Bachmann's event at the Stillwater Bridge; former Stillwater Mayor Jay Kimble was recognized for his hard work in advocating for the new crossing; former County Administrator Jim Schug was recognized by Congresswoman Bachmann and received a resolution that was entered into the Congressional Record; he attended the Stillwater Council meeting last week for the community symposium; he attended a Plat Commission meeting and he attended the Metropolitan Energy Policy Coalition meeting; - Commissioner Hegberg — reported he attended Congresswoman Bachmann's event at the Stillwater Bridge; he attended the Community Action Programs Opportunity St. Paul event sponsored by the Bremer Foundation to talk about the City of St. Paul and its poverty rate; and he toured the Head Start Program in St. Paul. Community Services Approval of the following actions: - Appoint Lois Larson, Oakdale, and Deborah Eckberg, Woodbury, to the Child Protection Citizen's Review Panel to first terms expiring June 30, 2014; - Continue contract with UCare Minnesota for Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill; and, use of the county's vendor network for individuals on the Elderly Waiver; - Group Residential Housing (GRH) agreement with Canvas Health to provide GRH in select apartment buildings; - Cooperative agreement with Washington County Housing and Redevelopment Authority and Canvas Health for the administration of the Bridges Regional Treatment Center Rental Assistance Pilot Program; - Continue contract with HealthPartners for Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill; and, use of the county's vendor network for individuals on the Elderly Waiver; - Continue contract with Blue Cross Blue Shield of Minnesota (doing business as Blue Plus) for Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill; care coordination for Minnesota Senior Care Plus enrollees; care coordination for Minnesota Senior Health Options enrollees; and, use of the county's vendor network for individuals on the Elderly Waiver; - Continue contract with United Behavioral Health (a partner of Medica) for Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill; - Continue contract with Medica for care coordination for Minnesota Senior Care Plus enrollees; care coordination for Minnesota Senior Health Options enrollees; and, use of the county's vendor network for individuals on the Elderly Waiver. General Administration Approval of the following actions: - March 27, 2012 County Board meeting minutes; - Legislative update presented; - Board correspondence was received and placed on file; - Board workshop held to review options for redistricting of County Commissioner and County Soil and Water Conservation Districts. Human Resources Approval of the 2012-2013 contract for the International Union of Operating Engineers Local #49. Information Technology Approval of the following actions: - Agreement with Microsoft to purchase Enterprise Agreement Enterprise Client Access License step-up licenses; - Microsoft Select Plus Software Licensing agreement and acceptance of electronic signature from Microsoft for purchasing of Microsoft licensing. Property Records and Taxpayer Services Board workshop held to discuss final 2012 property taxes. Public Works Approval of the following actions: - Work orders 29-30, work orders 33-42, supplemental agreement 4, and change order 7 to the County Road 83 overpass project with Robert R. Schroeder Construction, Inc.; - Resolution No. 2012-039, Quit Claim excess lands outside of highway right of way in Stillwater Township along Trunk Highway 95 (St. Croix Trail North); - Agreement with the Minnesota Department of Natural Resources to access ponds through county park land for rearing walleyes; - Amendment no. 1 to cooperative agreement with the South Washington Watershed District for the County State Aid Highway 19-20-22 roadway realignment project; - Award bid for landscape services to Prescription Landscape, Inc., lowest responsible bidder, in the amount of$89,537; - Update presented by Jon Chiglo, Minnesota Department of Transportation Division Director on the St. Croix River Project; - Public hearing held to receive comments on the Point Douglas Regional Trail and Trailhead Master Plan; - Resolution No. 2012-042, Point Douglas Regional Trail Master Plan. Regional Railroad Authority Approval of the following items: - Regional Railroad Authority minutes from March 13, 2012; - Amendment No. 1 to the Capital Grant Agreement for the Newport Transit Center Project between the Counties Transit Improvement Board and the Washington County Regional Railroad Authority; - Resolution No. RRA-2012-002, submit an application under the Fiscal year 2012 Federal Transit Administration 5539 Alternatives Analysis Program for the Gateway Corridor Draft Environmental Impact Statement. Sheriff's Office Approval of the following actions: - Resolution No. 2012-040, proclamation — National Public Safety Telecommunications week, April 8-14, 2012; - Resolution No. 2012-041, ratification of 2012 narcotics task force joint powers agreement; - 2012 Annual County Boat and Water Safety Grant agreement with the State of Minnesota, acting through its Commissioner of Natural Resources; - Amend contract with Integrated Solutions Consulting for the Metropolitan Region Homeland Security Emergency Management Board for the Fiscal Year 2009 Homeland Security Grant Program. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. ANDERSON LEGAL SERVICES PLLC Stillwater City Council Stillwater Planning Commission Stillwater Heritage Preservation Commission Fire Chief Stu Glaser Police Chief John Gannaway Building Inspector Cindy Shilts Community Development Director Bill Turnblad City Hall 216 Fourth Street North Stillwater, MN 55082 �IF Y I Jeanne M. Anderson, Attorney at Law Licensed in Minnesota & Wisconsin IE 1 APR � A 2012 ° i April 27, 2012 Re: 317 Main Street South — Proposed Rooftop Bar in Historic District Dear Public Officials: I represent Marine Leasing, LLP, owner of the commercial building located at 312 Main Street South (the "Smithson" building. By way of background, Marine Leasing is a small family -owned business owned and operated by the Anderson family. They have lived in Stillwater for the past 37 years. The family has rehabilitated several older buildings in the downtown Stillwater Historic District over the past several decades, to preserve the structures, and to make them functional for use by small business owners as office and retail spaces. I call your attention to a special circumstance which clearly calls for heightened scrutiny by you, in reviewing the proposed expansion of the bar at 317 Main Street South (the "Rafters" building) to the rooftop. The special circumstance is this: the Rafters building is located in the middle of a conjoined historic block, consisting of century old buildings. There is no space between these buildings on this block. The adjacent walls of these structures are actually common walls, much like a modern -day condominium. They are more than adjacent — they are a part of each other's structure. Accordingly, there are increased risks which must be reviewed in detail and documented by you, the regulators of our public safety, building structures, and fire prevention. The designers of these historic structures, many of which are on the National Register for Historic Places, did not intend that the rooftops be used for public activities. Therefore, if the City approves the project, the City would be approving a change to the original intended use of the structures. This change automatically introduces new risk hazards, which have not heretofore existed. 226 Myrtle Street East Stillwater, MN 55082 -5176 - Phone: 651 - 439 -1389 Fax: 651- 344 -0701 andersonlegal @stillwater- attorney.com Page 1 of 3 www.stillwater- attorney.com Because historic preservation of this block is so important, you, the decision - makers of the City, must use exceptional due care in evaluating the proposal. If the project is to be approved, extraordinary controls must be part of the blueprints and eventual construction of the new rooftop structure, to ensure the safety of the rest of the buildings on this block. To date, no such blueprints have been provided. It would be patently unfair for the City to introduce additional risks, of any kind, which fall upon the adjoining property owners — and their tenants, as a result of a private activity which primarily benefits a single out -of -town owner. There is little or no public interest to be satisfied in the proposal. The burden is on the City to prove that no new risks are imposed on the adjoining property owners. If the City approves the project, the City is agreeing (i.e. making a judgment), that the new intended use of, and the design of, the new structure does NOT introduce any new hazards to the adjoining property owners, and that both the use and design are fully safe. There are a number of worries raised where conjoined rooftops and alcohol are combined. First, it is well - documented that persons having consumed alcohol have impaired judgment, to a degree related to how much alcohol is consumed. Second, the proprietor of the drinking establishment cannot perfectly control his patrons, or even his employees. It is common in the restaurant industry for employees to depart from policies and practices established by the employer. It is also well - known, to people in the industry, that there can be after - hours employee drinking parties late into the night after the public is gone. The hazards of fire, debris plugging roof drains, and trespassing are accentuated by the activity of drinking. Therefore, safety cannot be ensured by promises of the property owner, policies of the property owner or City, or regulations alone. The design of the new structure must be so absolutely - impenetrable as to prevent the transferring of any additional risks to the adjoining property owners. There can be no shortcuts are allowed in the approval of this project. We have already brought to light the devastating consequences of the roof collapse at the Country Charm Antiques building and the Brine's fire where, in addition to loss of property, there was loss of life. As adjoining neighbors we are not keen to see this repeated. It is possible that property insurance rating or rates will increase (for the adjoining properties) due to the proposed new use, in which case it would be fair for the affected property owners to be compensated for that rate increase, based on the new risks imposed for which the City is responsible. But prevention of these risks - which are clearly can be achieved by proper decisions by you - is far better than having to collect on an insurance claim after an adverse event has occurred. In summary, allowing public use of the rooftop by persons who have consumed alcohol presents special risks, which are both foreseeable and preventable. The burden is upon the City to certify that the proposed use does not impose additional risks to the adjoining property owners. Marine Leasing insists on a rigorous, competent, documented safety review, to which the reviewer goes on record as to their agreement that the new intended use does not pass any new risks to the adjoining property owners. We expect to see evidence that the City will have Page 2 of 3 done its due diligence by researching other historic cities where rooftop drinking on conjoined historic buildings (not free-standing buildings) has passed safety reviews. This safety review must be signed by Fire Chief, Police Chief, and Building Inspector, and made available as a public record. The safety review should be completed and approved BEFORE additional public meetings are held in which other kinds of permissions are evaluated. Any further meetings should be tabled until such time. Sincerely, Anderson Legal Services, P.L.L.C. Marine Leasing, LLP Michelle Miron, St. Croix Valley Press Eric Sandin, Stillwater Gazette Mary Divine, Pioneer Press Kevin Giles, Star Tribune Page 3 of 3