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HomeMy WebLinkAbout2012-06-05 CC PacketWater iYE EIETM ►ICE Ef nrE.eE�rR REU= AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 5, 2012 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL 4:30 P.M. 7:00 P.M. OTHER BUSINESS 1. Board of Water Commissioners Workshop 2. Request for TIF assistance from HAF Group for new building at 229 Main Street S STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir /City Engr. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 8. Finance Dir. 9. City Attorney 7:00 P.M. AGENDA 10. City Administrator - Chiller Update — IT Tech Bornt APPROVAL OF MINUTES 11. Possible approval of minutes of May 11, 2012 special retreat and May 15, 2012 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Presentation of retirement plaque - John Buckley 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 resuect for others in attendance please limit -your comments to 5 minutes or less. CONSENT AGENDA (ROLL CALL) ** 13. Resolution 2012 -089, directing payment of bills 14. Resolution 2012 -090, possible approval of Change Order #1 Main Street Pedestrian Walkway Public Restroom 15. Resolution 2012 -091, possible approval of Change Order #4 Main Street Pedestrian Walkway Public Restroom 16. Possible approval of North Lowell Park power pole relocation 17. Resolution 2012 -092, authorizing Certified Local Government Grant Application through Minnesota Historical Society PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 18. Case No. 2012 -15. This is the date and time for a public hearing to consider a request from Paul Larson for a variance to the impervious surface requirements for an addition and 2nd floor to the garage and adding a 2nd floor to main house located at 106 Lakeside Drive in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 25, 2012. 19. Case No. 2012 -17. This is the date and time for a public hearing to consider a request from HAF Architects for', a flood fringe conditional use permit for the construction of a 2 —story building located 229 Main Street South in the CBD, Central Business District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 25, 2012. (Resolution — Roll Call) UNFINISHED BUSINESS 20. Possible approval and adoption of Ordinance 1047 Amending the Stillwater City Code Chapter 34, Entitled Building Demolition (2nd Reading — Roll Call). NEW BUSINESS 21. Possible approval of combination liquor license for Domacin LLC, DBA: Domacin Wine Bar (Resolution — Roll' Call) 22. Possible appointment of Brian Larson to HPC (Resolution — Roll Call) 23. Consideration and possible approval authorizing staff to proceed with an RFP for expansion of the Police Department facility (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. I I City Council DATE: June 5, 2012 REQUEST: CLG Grant Application to attend the National Alliance of Preservation Commissions Conference in Norfolk VA CC DATE: June 5, 2012 PREPARED BY: Michel Pogge, City Planner DISCUSSION The City can receive a $1,300 grant per person to attend the National Alliance of Preservation Commissions Conference in Norfolk VA from July 18 through July 22. The grant will cover registration, airfare, and hotel costs. The opportunity is open and was made available to all HPC Commissioners and staff members to the HPC. Five individuals expressed an interest in attending including Jeff Johnson, Brian Larson, Micky Cook, Bill Turnblad, and Mike Pogge. This conference will assist the City in keeping up with current preservation trends. There are a number of session that will be helpful to the City. A notable few includes measuring the economics of historic preservation, ways to improve infill buildings, preventing demolition by neglect, and Main Street preservation. The Conference will also serve as a great networking opportunity with our preservationists around the country. FISCAL IMPACT The cost for registration, airfare, and hotel is $1,135.28 per person. All costs will be covered by the $1,300 grant. Each person attending this conference and has agreed to pay for all food expenses and other costs not related to registration, airfare, and hotel costs. The only cost to the City will be city staff time. RECOMMENDATION That the City Council approve the CLG Grant Application to attend the National Alliance of Preservation Commissions Conference in Grand Rapids MI wa ter 7 H E B I R T H Pi A".;' O f- M N N F •: 0 f A. City Council DATE: June 5, 2012 REQUEST: CLG Grant Application to attend the National Alliance of Preservation Commissions Conference in Norfolk VA CC DATE: June 5, 2012 PREPARED BY: Michel Pogge, City Planner DISCUSSION The City can receive a $1,300 grant per person to attend the National Alliance of Preservation Commissions Conference in Norfolk VA from July 18 through July 22. The grant will cover registration, airfare, and hotel costs. The opportunity is open and was made available to all HPC Commissioners and staff members to the HPC. Five individuals expressed an interest in attending including Jeff Johnson, Brian Larson, Micky Cook, Bill Turnblad, and Mike Pogge. This conference will assist the City in keeping up with current preservation trends. There are a number of session that will be helpful to the City. A notable few includes measuring the economics of historic preservation, ways to improve infill buildings, preventing demolition by neglect, and Main Street preservation. The Conference will also serve as a great networking opportunity with our preservationists around the country. FISCAL IMPACT The cost for registration, airfare, and hotel is $1,135.28 per person. All costs will be covered by the $1,300 grant. Each person attending this conference and has agreed to pay for all food expenses and other costs not related to registration, airfare, and hotel costs. The only cost to the City will be city staff time. RECOMMENDATION That the City Council approve the CLG Grant Application to attend the National Alliance of Preservation Commissions Conference in Grand Rapids MI RESOLUTION NO. 2012-092 AUTHORIZING GH THE MINNESOTA HISTORICAL SOCIETY APPLICATION THROUGH GOVERNMENT BE IT RESOLVED, by the City Council of Stillwater, Minnesota authorizes the Certified Local Government grant application through the Minnesota Historical Society with a grant request for Jeff Johnson, Brian Larson, Micky Cook, Bill Turnblad, and Mike Pogge to attend the National Alliance of Preservation Commissions Conference in Norfolk VA from July 18 through July 22. Adopted by the City Council this 5th day of June, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk atel THE 11ATM ►LACE Of MANNEEMTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 5, 2012 REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Board of Water Commissioners Workshop 2. Request for TIF assistance from HAF Group for new building at 229 Main Street S STAFF REPORTS 3. Police Chief 7. Public Wks Dir /City Engr CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 4:30 P.M. 7:00 P.M. 4. Fire Chief 5. City Clerk 6. Community Dev. Director 8. Finance Dir. 9. City Attorney 10. City Administrator - Chiller Update — IT Tech Bomt 7:00 P.M. AGENDA 11. Possible approval of minutes of May 11, 2012 special retreat and May 15, 2012 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Presentation of retirement plaque - John Buckley 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 -089, directing payment of bills 14. Resolution 2012 -090, possible approval of Change Order #1 Main Street Pedestrian Walkway Public Restroom 15. Resolution 2012 -091, possible approval of Change Order #4 Main Street Pedestrian Walkway Public Restroom 16. Possible approval of North Lowell Park power pole relocation PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 17. Case No. 2012 -15. This is the date and time for a public hearing to consider a request from Paul Larson for a variance to the impervious surface requirements for an addition and 2nd floor to the garage and adding a 2nd floor to main house located at 106 Lakeside Drive in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 25, 2012. 18. Case No. 2012 -17. This is the date and time for a public hearing to consider a request from HAF Architects for a flood fringe conditional use permit for the construction of a 2 —story building located 229 Main Street South in the CBD, Central Business District. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 25, 2012. UNFINISHED BUSINESS 19. Possible approval and adoption of an ordinance amending the Stillwater City Code Chapter 34, Entitled Building Demolition (2nd Reading — Roll Call). NEW BUSINESS 20. Possible approval of combination liquor license for Domacin LLC, DBA: Domacin Wine Bar (Resolution — Roll Call) 21. Possible appointment of Brian Larson to HPC (Resolution — Roll Call) 22. Consideration and possible approval authorizing staff to proceed with an RFP for expansion of the Police Department facility. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) 001611" 1"UV Diem ** 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. NI'm Memo To: City Council From: Michel Pogge, City Planner V9 Reviewers: Larry Hansen, City Administrator and Bill Turnblad, Community Development Director Date: May 31, 2012 Re: TIF Assistance Request from the HAF Group for a new building located at 229 Main St S BackgKound The HAF Group is requesting the City to consider providing Tax Increment Financing Assistance for a new building located at 229 Main St S to be called the Peaslee Building. The building site is located on the east side of the intersection of Main Street on Olive St E. The project calls for a two story 3,920 square foot mixed use building. While designing this project, a number of geo- technical borings were completed that showed that a traditional foundation would be impossible on this site and any new building on this site would require a special geo -micro -pier system. Additionally, substantial costs will be incurred due to rules regarding new construction in the flood plain. Due to the added costs associated with the special pier /foot system, additional structural elements and required flood proofing the applicant estimates it will cost an additional $170,000 to construct the proposed building on this site versus on a site without the same soil conditions and potential flood conditions that are encountered on this site. TIF Request HAF Group is requesting $150,000 in TIF assistance for the project. The total project cost is $1,002,240.00 of which $173,445.00 is land acquisition and site development and is potentially TIF eligible. TIF — Policy The City's Tax Increment Financing Policy (copy enclosed) for commercial retail projects allows for 50% of the increased tax revenues for 5 years. The estimated market value of the building post construction is $598,195. Using this market value, the increased total tax revenues will be approximately $20,900 annually. If the City's Tax Increment Financing Policy were followed, 1/2 of the estimated $20,900 over 5 years would be eligible for grant assistance. This would be a total of $52,250. Discussion While the request exceeds the City's general TIF policy, there is both precedence and site - specific reasons why a larger TIF assistance package could be supported. Since a more substantial foundation system is required due to soil condition and the City desires to see a two story building on this site versus a single story building staff supports the requested $150,000 request. If the Council is inclined to support the requested TIF assistance, there are two methods that they could support the project. They could provide upfront construction funding or could provide "pay -as- you -go" assistance based on their annual tax payments. The City's TIF policy supports and the City has traditionally only provided pay -as- you -go assistance. For past projects the City did not have TIF funds in the bank to support new commercial development thus the City previously use the pay -as- you -go model. This approach ensures the City has the money on hand to made TIF payments and second it ensures that the development creates sufficient value to support the TIF payments. In this case the City has TIF funds in the bank to provide the requested assistance so there is no risk that the City could not make a payment or would have to bond for the payment; however, it may be prudent to only provide pay- as -you- go assistance to ensure that the development creates sufficient value to support the assistance. Recommendation Direct staff to prepare a development agreement to provide upfront TIF assistance in the amount of $150,000. Attachments: Applicant for Tax Increment Financing Assistance; May 4, 2012 Preliminary Agreement for TIF Assistance Letter of TIF Request; May 23, 2012 R 0 =' ,.. May 23, 2012 Stillwater City Council Members 516 Fourth Street Stillwater, MN 55082 RE: 229 Main Street Stillwater, MN As requested, we have reviewed the impact costs for the downtown site. Following is a statement of facts outline (history) that represents chronological order of our process to date. I believe that this would be informative for Staff and Council as it describes where we started and where we are currently. This is somewhat abbreviated; however, if there are any questions and /or concerns, we can answer any questions that you or staff need. Below are our statements of facts: • HAF Group purchases the site in 2011 -2012 to develop an exact replica of the "Peaslee Building" of which was destroyed by fire in about 1951. • HAF Group's initial design brought to the Heritage Preservation Committee in 2011 was well received and as such we were granted approval with conditions. • HAF Group then proceeded to acquire an engineering firm to provide the geo- technical borings on the project site. The results of these tests were negative. The existing underlying soils are not suitable for building support with conventional construction means and methods. We continued working with this company to provide other solutions. The engineer has recommended using a geo- micro -pier concept. These piers numerous in nature, will extend to approximately 50 -55' deep to accommodate the anticipated loads. However, our design that was previously approved, needed to be greatly modified due to the recommendation of designed a building with less loads. HAF Group modified the building by eliminating the top floor; therefore modifying the two -store into one - story. This building would have significantly less load implications to the site. This plan was submitted to the Heritage Preservation Committee, however, City Staff made a recommendation to continue on with a two -story proposal. We then "pulled" this concept off the agenda at the last hour. 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351-1760 FAX: 651 - 430 -01 80 W W W.HAFARCHITECTS.COM �m For this project to move forward, we respectfully ask for the following: A. TIF of $150,000 B. We respectfully ask this monetary amount be funded during or immediately after the building is completed. Thank for the consideration of TIF for this project. Again, please let me know if there are any questions or if additional information is required. Sincerely, Al11-1111-1 Michael G Hoefler, NCARB, AIA, CID Principal MGH /jjc 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651 -430-0180 W W W.HAFARCHITECTS.COM CITY OF STILLWATER PRELIMINARY AGREEMENT FOR TAX INCREMENT FINANCING (I) This Preliminary Agreement made and entered into by and between the City of Stillwater, a Municipality organized and operating under the laws of the State of Minnesota (hereinafter called "City") and HAF Real Estate & Development LLC a corporation organized under the laws of the State of Minnesota (hereinafter called "Developer"). WITNESSETH: (II) WHEREAS, the City has received from Developer a request that the City provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and Sections 469.174 through 469.179 (collectively, the "Act ") in connection with a project to be undertaken by the Developer within the City. (III) NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: A. The Developer agrees to deposit with the City $5,000 for any and all expenses and costs of the City in connection with the preparation of the development program and all documentation and procedures required by the Act in connection with the issuance of tax increment bonds, whether or not the tax increment bonds are actually issued, as verified by itemized statements for services rendered. Costs and expenses shall include, but not be limited to, all out -of- pocket expenses, all fees for legal services, all fees for architectural engineering and financial services including feasibility reports, all administration costs, appraisal costs, all costs of reports and hearings. Monies not expended will be refunded to the applicant. Additional expenses, if any, will be passed to the developer. B. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to its entering into a Development Agreement. C. All applications and supporting materials and documents shall remain the property of the City. All such materials may be subject to disclosure and /or public review under applicable provisions of State Law. (IV) IN WITNESS WHEREOF, the City and the Developer have executed this Agreement. Approved by the City of Stillwater, Minnesota, this _day of DEVELOPER Michael oe er HAF Re Estate & Development, LLC all CITY OF STILLWATER Mayor CITY OF STILLWATER PRE - APPLICATION TAX INCREMENT FINANCING ASSISTANCE Legal Name of Applicant: HAF Real Estate & Development, LLC Address: 106 E. Chestnut Street Stillwater MN 55082 Telephone Number: 651 - 351 -1760 Name of Contact Person: Michael Hoefler REQUESTED INFORMATION Addendums shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. Attached 2. Give a general description of the project including: size and location of building (s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; other pertinent information. The project is located at 229 S. Main Street and will consist of 2- stories of 2,000 sf per floor, totaling 4,000 sf. The projected uses shall be general office space over either retail or restaurant. Our proposal does not include off - street parking, however, a variance has been applied for and is in process. Our proposal will be to re -erect the Peaslee Building of which was demolished in the early '50-'s due to fire. The architecture style, detailing, articulation and massing will be a direct match to the previous building. This replica is costly, however, will be very in keeping with the historic downtown character. We have worked closely with the HPC Group in concert to create the final design. 3. The existing Comprehensive Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. Explain any discrepancies between the proposed development and the existing land use designation and zoning. Our proposal is listed in the CBD Business District and will comply with the regulations. 4. A statement identifying the public improvements requested to be financed and why the costs of the improvement cannot be paid by the developer. Upon subsurface soil engineering investigations it has been determined that the existing site cannot support the building's loads from a conventional construction. Currently our proposal will require numerous micro -piles along with extensive concrete grade beams. These micro -piles will extend beyond SO' deep at each location. In addition to this non - conventional construction our building also must be designed with long -span steel beams and lightweight decking as to not create more loads onto these micro - piers. As with any commercial development, a proforma is prepared to determine the financial feasibility. This proforma is constructed in concert with our lender. It is imperative that the loan to debt service meet the current conditions of the market to achieve financing. Currently we have a gap of which has been created by the fact that the building's special construction (site related) exceed that of normal conditions. This includes floor plain construction, special utilities, grade beams, micro -piers and light- weight steel construction of which are unique to this site. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created and other community assets. Currently the site is an open lot of which pays minimal property taxes. Originally this site occupied a building which generated a tax base. On fact, there have been two buildings constructed on this over the past 100 years). Our proposal will create approximately 10 office personnel located on the second floor and 30 personnel both full and part-time on the main floor restaurant space. One of these assets will bring more energy to downtown based on the uses as well as recreating the original historic architecture to Main Street. 6. A written perspective of the developers company or corporation, principals, history and past projects. Our company, HAF Group, consists of one general partner, Mike Hoefler, within three (3) entities. (1992 — current) • HAF Architects (Design) • HAF Construction (Build) • HAF RED (Development) We have developed past projects including Carriage Station (Lake Elmo) of which we sold (to relocated to Stillwater) in 2007. Some of our past local projects include the following: • US Post Office, 4 t & Myrtle • 45 Degrees Retail Space, Main Street • Purefex Salon, Main Street • Simonet Furniture Store • Sutler's (now Haskell's) Liquor Store • St. Paul Lutheran Church • St. Michael's Catholic Church and School • Midwest Lumber • Valley Dental Arts • Heartland Office Park Other projects include: • Me and Julio's Restaurant, Hastings, MN • Lucky's 13 Pub, Bloomington, MN • Carmine's Restaurant, Woodbury, MN • Residence Inn, Portland, OR • Suburban Hotel, Cedar Falls, lA • Hyatt Place, Portland, OR • Jekyll Island Resort, Jekyll Island, GA • Sleep Inn, Kansas • Warner's Stellian, St. Paul, MN • Many residential projects within the area Applicant understands and agrees that the information contained in this application, and the information contained in items above, is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or part, to persons other than City's officials, employees and agents. SIGNATURE � � t Applicant's Signature: Date: May 4, 2012 HAF- G R 0 U A R C H T E C T U R E D E V E L O P M E N T C O N 5 T R U C T 1 0 N APPLICATION FOR TAX INCREMENT FINANCING ASSISTANCE PEASLEE BUILDING 229 MAIN STREET STILLWATER, MN 1. Qualifications of developer, including prior experience in similar or other developments. Qualifications of principal member of development team, including the architect, construction company, and financial advisor. Our company, HAF Group, consists of one general partner, Mike Hoefler, within three (3) entities. (1992 — current) • HAF Architects (Design) • HAF Construction (Build) • HAF RED (Development) We have developed past projects including Carriage Station (Lake Elmo) of which we sold (to relocated to Stillwater) in 2007. Some of our past local projects include the following: • US Post Office, 4th & Myrtle • 45 Degrees Retail Space, Main Street • Purefex Salon, Main Street • Simonet Furniture Store • Sutler's (now Haskell's) Liquor Store • St. Paul Lutheran Church • St. Michael's Catholic Church and School • Midwest Lumber • Valley Dental Arts • Heartland Office Park Other projects include: • Me and Julio's Restaurant, Hastings, MN • Lucky's 13 Pub, Bloomington, MN • Carmine's Restaurant, Woodbury, MN • Residence Inn, Portland, OR • Suburban Hotel, Cedar Falls, /A • Hyatt Place, Portland, OR • Jekyll Island Resort, Jekyll Island, GA 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651- 351 -1760 FAX: 651- 430 -0180 W W W.HAFARCHITECTS.COM HAF` A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T I O N • Sleep Inn, Kansas • Warner's Stellian, St. Paul, MN • Many residential projects within the area HAF Group has been in business since 1992. This company has developed projects in the past . The Principal, Michael Hoefler, created the design, construction and development entities. Mike also handles all the financial aspects of running these entities. 2. "But for" letter describing need for TIF assistance. See Attached General Financial Proforma 3. Financial information, including developer participation, and public and private funding. The funding will be provided through the Developer's funds as well as bank funding. 4. Description of present ownership arrangement of project site. The current land has been re- platted through condominium process. 5. Describe project. If project is a building, or addition to a building, specify number of stories, square footage, and related parking. (Attach site plan, landscape plan, and building elevations indicating building materials. The project is located at 229 S. Main Street and will consist of 2- stories of 2,000 sf per floor, totaling 4,000 sf. The projected uses shall be general office space over either retail or restaurant. Our proposal does not include off - street parking, however, a variance has been applied for and is in process. Our proposal will be to re -erect the Peaslee Building of which was demolished in the early So's due to fire. The architecture style, detailing, articulation and massing will be a direct match to the previous building. This replica is costly, however, will be very in keeping with the historic downtown character. We have worked closely with the HPC Group in concert to create the final design. 6. Describe use in building, i.e. industrial, office, commercial, and number of new employees resulting from the project. 2,000 sf of office over 2,000 sf of restaurant /retail space. The projected number of employees will be 10 office and 30 restaurant /retail. 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651- 351 -1760 FAX: 651- 430 -0180 W W W.HAFARCHITECTS.COM HAF G R O U P A R C 11 1 T E C T 11 R E D E V E L O P M E N T C O N 5 T R U C T 1 0 N 7. Estimated project costs: a. Land acquisition: b. Site development.. C. Building cost: d. Equipment: e. Architectural and engineering fees: f. Legal fees: g. Bond discount, fees to underwriter and brokerage fees: h. Interest during construction: i. Off -site development cost: j. Initial bond reserve fund: k. Contingencies: I. Other (please specify): $ 40,000.00 $ 133,445.00 $ 598,195.00 $ 40,000.00 $ 68,500.00 $ 5,000.00 $ 8,000.00 (estimate) $ 15,000.00 $ 0.00 $ 5,000.00 $ 89,100.00 $ 0.00 Total $ 1.002240.00 8. Will project be occupied by applicant after completion? If not, state name of future lessees and status of commitments or lease agreements and amount of space. (Attach lease documents). Yes, by HA Group 9. Describe amounts of City assistance being requested and for discuss what purpose. See Attached General Finance Proforma 10. Are there any significant environmental impacts signs that impacts to the site or area that may result from the project? None 11. Present schedule showing dates for design, construction and occupancy of the project . Design completed in April 2012 Construction Projected Start June 15, 2012 Occupancy Projected November 15, 2012 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM s A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 0 N 12. Applicant: a. Name HAF Real Estate Development, LLC b. Address_ 106 E. Chestnut Street, Stillwater, MN 55082 c. Phone 651 - 351 -1760 d. Authorized Representative Michael Hoefler e. Business Firm (Partnership, Corporation, etc.) Limited Liability Corporation f. Date the Partnership or Corporation was formed April 28, 2008 13. Names and addresses of principal partners, major stockholders, etc. Michael Hoefler 13987 Ozark Avenue N. Stillwater, MN 5082 6S1- 351 -1760 14. Names, addresses, phone, and contact person for firms providing consulting services for the project. a. Architect/ Engineering Architect HAF Architects Michael Hoefler 106 E. Chestnut Street Stillwater, MN 55082 651- 351 -1760 Structural Enaineer Lindau Companies Bill Lindau 1074 Old Hwy. 35 Hudson, W154016 715- 386 -4444 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651- 351 -1760 FAX: 651 -430-0180 W W W.HAFARCHITECTS.COM HAF G R O U P A C H T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 0 N Civil Enaineer Folz, Freeman, Erickson, Inc. Todd Erickson 12445 55th Street Lake Elmo, MN 55042 651- 439 -8833 b. Financial First American Bank Dennis Martodam 2424 Monetary Blvd., Suite 107 Hudson, Wl 54016 715- 377 -5312 c. Market HAF Real Estate & Development, LLC Michael Hoefler 106 E. Chestnut Street Stillwater, MN 55082 651- 351 -1760 d. Legal Lawson, Marshall, McDonald, Galowitz & Wolle, PA Scott McDonald 10390 39th Street North Lake Elmo, MN 55042 651 - 777 -6960 e. Other Financial History/ References. a. Have you applied for conventional financing for the project? OYes ❑ No List status and details In Process 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651-351-1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM HAF G R O U P A R C H I T E C T U R E D E V E l 0 P M E N T C O N S T R U C T I O N b. Have you or any of the principals in the project ever filed for bankruptcy? ❑Yes 0 No c. Have you or any of the principals ever defaulted on property taxes for property in the City of Stillwater? ❑Yes El No d. Are your or any of the principals currently delinquent on property taxes for property in the City of Stillwater? ❑Yes 0 No I e. List three financial references: First American Bank Dennis Martodam 2424 Monetary Blvd., Suite 107 Hudson, WI 54016 715 - 377 -5312 Bremer Bank Jeff Hagen 1004 City Walk Drive Woodbury, MN 55129 651 - 702 -7226 US Bank Shari Roeser 213 E. Chestnut Street Stillwater, MN 55082 651 - 351 -2401 14. A statement indicating the developers willingness to undertake the development of the proposed project if: a. A satisfactory agreement can be reached for the City's commitment for the requested public improvements; b. A satisfactory mortgage and equity financing for the proposed project can be secured; and 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651-351-1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM HAF- G P A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 O N C. The economic feasibility and soundness of the proposed project have been analyzed and confirmed to the satisfaction of the City and the developer. d. A solution for the gap shortage Statement of willingness of developer to enter into an agreement, after project planning has been completed, which would require developer to provide appropriate guarantees prior to the City's provision of assistance to undertake public activity related to the proposed project. Any other pertinent data developer wishes to propose. The City reserves the right to require additional information and supporting data from the applicant after the filing of this application. Applicant understands and agrees that the information contained in this application and the information contained in items above is intended for use by the City of Stillwater, its officers, employees, and agents in connection with the City's consideration of possible tax increment bond financing for applicant's project; however, the City gives no assurance that this information may not be disclosed, in whole or in part, to persons other than City's officials, employees and agents. The Undersigned, (a) (the) Michael Hoefler of applicant, hereby represents and warrants to the City that (he) (she) has carefully reviewed this application, and that herewith are accurate and complete to the best of the Undersigned's knowledge and belief. Dated: May 4 2012 By: Michael Hoefler Its: Principal 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351-1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM HAF G R 0 U P A R C H 1 T E C 1 U R E D E V E l O P M I N T C O N S T R U C T I O N PEASLEE BUILDING GENERAL FINANCIAL PROFORMA Building Rents Main Streer Floor -2,000 sf x 14 NNN = 28,000 /yr Upper Level Floor - 2,000 sf x 11 NNN = 22,000 /yr Total Building Income 50,000 /yr Building Construction Costs (Does not include land cost) Building shell costs (sworn) 731,640 Building tenant improvement cost (estimate) 160,000 Total Building Costs 891,640 Land Costs 40,000 Total Project Costs 931,640 Lending Agency Requirements Banking Proforma shall allow coverage of loan to income on a 1.5 multiplier. Gap Example: 50,000 annual rent /1.5 = 33,333 annual debt service. This debt service maximum can support a loan maximum of 400,000. If the developer provides 20% equity (186,328), the amount required is 745,312. The gap formula is as follows: 931,640 (Total project costs) less equity of 186,328 = 745,312 Amount Required 745,312 - 400,000 (maximum loan) = 345,312 Short 4- May -12 106 EAST CHESTNUTSTREET; STILLWATER, MN 55082 1 051- 351 -i 7.r Fax: 651 -430 -0180 WU.',A,- HAr'ARCHITECT S.COM HAF' G A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 0 N PEASLEE BUILDING 229 MAIN STREET STILLWATER, MN April 17, 2012 Outlined below are our responses to the General Requirements for the TIF proposal. 1. HAF Outline: HAF Group of which is located in Stillwater, MN is a design, construction and development company. We specialize in hospitality, retail, office and religious work. Our company recently moved from Lake Elmo, MN to a temporarily leased space located on Chestnut Street. This space was always meant to be temporary. Our plan was to relocate to Third and Myrtle Street (past US Post Office site development). The project never took -off due to financial hurdles. Our company has always wanted to work from a Stillwater downtown office. As this opportunity to relocate to Third Street dwindled; we then started looking to the downtown opportunities. Our company partnered with The Andersons', owners of 45 Degrees, and purchased the old theater space along with the south adjoining properties. Part of this property is the vacant land just north of Marx Bistro. This blight open lot has been vacant since around 1951. There have been two past buildings located on this property dating back to the last 1800's. Our proposal will be an identical (to the best possible) match to the second building. The character of this building will be compatible to the neighboring buildings. We intend, if construction is successful, to honor this historical landmark with a plaque telling the story, as well as, creating a photo display of past Runk photographs. 2. General Description: Our proposal provides for two (2) floors consisting of 1920 square feet per floor. The intent of the business type shall be office space over retail /restaurant space. The site also will be designed to allow for open patio /green space where blacktop currently exists (east side). The property will not have on -site parking as is current; however with the elimination of the current drive, these spaces will now be located on the Water Street location. The timing of the project is approximately the middle of May 2012. Comprehensive Plan: This proposal is zoned CBD (Central Business District) and will comply with the land use designation and zoning. 4. Public Improvements Requested: Being that this project is an infill building within a historic district on very poor soils as well as 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM HAF- P A R C H I T E C T U R E D E V E, 0, M E N T C O N S T R U C T 1 0 N design elements that are required; makes this project challenging in many respects. Challenges are financial, site access and construction challenges as well as overall design. Our soils exploration has indicated a site that is deep in fill and low bearing capacity beneath the fill. Our only solution to this is to construction a mini (root) pile /geo -pier combination. This system is quite expensive. Other challenges are such that while maintaining the historic guidelines, such as brick material; and the requirement to provide two (2) floors impose more weight over these bad soils, inducing even more costs. The building is also located in the floor plain of which imposes special requirements for utilities required to service the building. Our intent as well; is to re- create a past building that previously was there. The exterior materials such as re- claimed brick also create extra costs that are not typical. The accessibility to the raised floor can be accommodated with a very long ramp. This ramp needs special detailing up against adjacent properties. We also are required to pay special attention to the installation of the piers as to not create any vibration to the neighboring buildings. The proposal also is unique in creating green space (pervious) within an urban site. As well, increasing our costs exponentially! 5. Public Benefits: Our proposal will provide a new city tax base where one does not occur currently. The property valuation will increase 20 times from what it is currently. The buildings main floor space (retail and /or restaurant) will employ about 15 -20 jobs both full -time and part-time (of which there are none today). The buildings second floor space (office) will currently employ about ten (10) full -time employees, however, there is additional room for more with the design of the space. The community's assets include an additional space to either dine or shop, as well as enjoyment of a raised patio /deck area that is contiguous with the adjacent north property. 6. Our company, HAF Group, consists of one general partner, Mike Hoefler, within three (3) entities. (1992— current) • HAF Architects (Design) • HAF Construction (Build) • HAF RED (Development) We have developed past projects including Carriage Station (Lake Elmo) of which we sold (to relocated to Stillwater) in 2007. Some of our past local projects include the following: • US Post Office, 4th & Myrtle • 45 Degrees Retail Space, Main Street • Purefex Salon, Main Street 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651- 351 -1760 FAX: 651- 430 -0180 W W W.HAFARCHITECTS.COM HAF- G R 0 U P A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 0 N • Simonet Furniture Store • Sutler's (now Haskell's) Liquor Store • St. Paul Lutheran Church • St. Michael's Catholic Church and School • Midwest Lumber • Valley Dental Arts • Heartland Office Park Other projects include: • Me and Julio's Restaurant, Hastings, MN • Lucky's 13 Pub, Bloomington, MN • Carmine's Restaurant, Woodbury, MN • Residence Inn, Portland, OR • Suburban Hotel, Cedar Falls, IA • Hyatt Place, Portland, OR • Jekyll Island Resort, Jekyll Island, GA • Sleep Inn, Kansas • Warner's Stellian, St. Paul, MN • Many residential projects within the area 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651-430-0180 W W W.HAFARCHITECTS.COM Fo1z, Freeman, Erickson, Inc. LAND PLANNING W SURVEYING W ENGINEERING 12445 55TH STREET NORTH wE LAKE ELMO, MINNESOTA 55082 Phone (651) 439.8833 www.ffe- inc.com IIICIN17Y MAP S£C77ON Z6.^_730th - "OW IYASNING70N COI/MY, MINNESOTA COMMON INTEREST COMMUNITY NUMBER 357 A CONDOMINIUM WA TERIVIAIN CROSSING CONIC OMINI UMS SITE PLAN As —built 9 7� / j2a/ 2/ &Lee Cou, R 22 A of Lr,Ve 3oo \ 3 ! 01 SW r oa R-- Cazr+ae JLM I Cori. W cK N 71'11119 -f 090 A— a, (Nvr A911.1 T1 S11) Taaf ✓LM 1'tv 692.+7 F N \ 9 / / Y✓A6L ABM 58%fl A \o tz \ / PAO Doc• N NMV Toe / CORDED AS j H Ipb \r' 1-t W`y SCALE IN FEET (INE JIUOd 3 �1 2y \ y �` ppN N}gIGY P 7 r��tr E / •- 1-.. \� � -' �; \ 0 5 10 20 wau ORIGINAL SCALE: 1 IN .10 FEET ;41 6"o `" �ZM 19 1 D n I < fXlfPlOx &GG Gz s GJ � � / Lip N �/ 1 �/, Il•� y� 5cy SW r aF V s -, R'1 \ s � � :V \ FNO JLA1 I\CoM. WA4K / V' • FAR N L-, u - - .'r\ 01 S� av Ux / C��LI "� G,\ N^, ti' 0.9 SE, aF � G ✓ (Al ,veAS. Arove\u ) / "� -5 Y EXISTING SINGLE STORY /LfASONRY Bl1TLDINGS ' yAF l J\ o \ o � BKrcK Fxr _____ i �• 9—GK rs 01 Nf ofZ e n3 Lra Cl- B CK f Cf OS \ _�-- SiY<Y of GNZ -_ p3 w \ tr(Lgill F-11 W ,vcss JLM I Conn, W - -A' S 721118' W OSG F n, Caz (N, D ae, r s Air) c f4aQ Y�l,, ei 6 \ od P 55 0 (PS \ CD7 / TJZO DRAFT 1 / I NOTES 'O. 1) THE LOWER BOUNDARY OF UNIT } 6 AT ELEVATION 600.00 FEET (NGVD 29) IN LIPPER THE HORIZONTAL BOUNDARIES OF LINT 3. AT THE UPPER AND FEET LOWER VERTICAL LINTS. / ARE THE VERTICAL PROJECTONS OF THE HORIZONTAL BOUNDARIES AS SHOWN. / 2) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WEST LINE OF BLOCK 28, ORIGINAL TOWN, NOW CITY OF STILLWATER. ACCORDING TO THE PERFECTED PLAT THEREOF RECORDED IN / THE OFFICE OF THE COUNTY RECORDER, WASHING7Ol COUNTY, MINNESOTA, WHIOI R ASSUMED TO BEAR NORTH 17 DEGREES 47 MINUTES 11 SECONDS WEST. 3) BENCHMARK . TOP OF FOUND WITNESS JUDICIAL LANDMARK MONUMENT FOR THE NORTHEAST CAR OF THE PLAT. ELEVATION . 692.47 FEET NGVD29. 4) BUILDING DIMENSION TIES SHOWN ARE AS MEASURED ALONG THE RESPECTIVE LINES OR PERPENDICULAR THERETO, AS THE CASE MAY BE. PROJECTIONS ARE BUILDING SHOWN. AS LOCATED AT GROUND LEVEL. OVERHANGS OR OTHER LEGEND DENOTES FOUND JUDICIAL LANDMARK MONUMENT- 2 INCH 0 DIAMETER ALUMINUM CAP INSCRIBED JUDICIAL LANDMARK - RLS 13774 STACK-, UNLESS SHOWN OTHERWISE. P11 DENOTES DIMENSION VALUES FROM THE 'PERFECTED PLAT. OF THE CITY OF STILLWATER. RECORDED AS DOCUMENT NUMBER 416D49, WASHINGTON COUNTY RECORDER'S OFFICE. a�a DENOTES OUTSIDE BUILDING WALL DIMENSIONS AS MEASURED AT GROUND LEVEL. L Timothy J. Freeman, do hereby certify that the work was undertaken by or reviewed and approved by me for this CIC plat ofCOMMON INTEREST COMMUNITY NUMBER 357, A CONDOMINIUM. WATERMAIN CROSSING CONIDOMDJR7MS, being located upon: All that pan of Lou 3,4 and 5, Block 28, of the Original Town, n,a City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878 according to the recorded plan thereof in the Office of the County Recorder of Wasbingum County, Minnesota, described as follows, m wit, Commencing at a point in the southeasterly line of said Lot 3 where the same 6 intersected by the westerly line ofpl,ttw Stimpasm s Alley, a.ka South Water Street, thence North 17 degrees 47 minutes 11 seconds West, assamand bearing, along said westerly We, 6.23 feel, more or less, I— point 25.00 feet southerly, as measured along said westerly line, from the northwesterly line of said Let 3, said point being the point ofbeginnmg of the parcel being described a Wlimeas Judicial Landmark beats North 72 degrees 24 minutes 19 seconds East, parallel with said northwesterly line of Lot 3, a distance of 0 50 fen from said point of beginning, theme South I7 degrees 47 minutes I I seconds East along said westerly line, 79.76 feel, more or less, In a Judicial Landmark st a point 3,00 feet southerly, as measured along said westerly line, Bom the north`vemerly lee of sat. Lot 5, thence south 72 degrees 24 minutes 19 seconds West, parallel wih said northwesterly line of Lot 5, a distance of 50 52 feet to a Judicial Landmark, hence North 17 degrees 37 minutes 32 seconds West, 7 55 feet to a Judicial Landmark, thence South 72 degrees 22 mmute, 28 seconds West, 69.48 feet, more or less, to a point to the easterly I'me of planed Main Siren, said point being 149 feet southerly, as measured along sad eastedy line, from the nonhwesmfly comer of said Lm 5 a Witness Judicial Landmark bears South 72 degrees 22 minutes 28 --its West, 0.50 feet from said poem, thence North 17 degrees 47 immures I I sees nds West, along said easterly line of planed Mam Street. 78.25 feel, mare or less, to a Judicial Landmark at a point 25.00 feet southerly, as measured along said easterly lice, 6mn the northwesterly comer of said Lot 3; thence North 72 degrees 24 minutes 19 seconds East, parallel with said nonhweslerly tine of Lot 3, a distance of 120.00 feet, more or less, to the point of beginning. The boundary lines of this property have been regkmred and Judicial Landmarks have bee. placed pursuant to an Inted —ony Order fled in District Court, Tenth Judicial District, Washington County, Mmneaota. Court File No, CZ6 -6462. And that this CIC plat fully and accurately depicts an information required by Minnesota Suet —, Section 5158.2- 110(c); and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this_ day of. 2011 Timothy 1. Freeman Licensed Land Surveyor Mim em. License No. 16989 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing surveym's certificale, by Timothy 1, Freeman, Licensed Land Su eyor, was a,kmo`vledged before me, a N.mry' Public, this_ day of , 2012. Todd A. Erickson Notary Public My commission expires lsnoary 31, 2014. I, Michael G. HoeOer, pursuant to Minnesota Starnes, Section 51511.2-101 (c), do hereby certify that the .structural m,ements of the somenmes containing the units and the mechanical systems serving more than one unit are substantially completed and that I am a duly Licensed Architect under the laws of the Stale of Minnesota. Dated this_ day of , 2012. Michael G. Homer, Licensed Professional .Architect Minnesota License No. 24210 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing surveyors certificate, by Michael G. HceBer, Licensed Prof saional Arohite t, Wes acknowledged before are, a Notary Public, this _ day of . 2012. ToddA Enckson Notary Public My c,=i,,i,n expires January 31, 2014. COUNTY SURVEYOR Pursuant to Minnesota Statutes, Chapter 389.09, Saud, '_, this CIC Plat has been reviewed and approved this day of , 2011 By Washington County Surveyor COUNTY AUDITOFUTREASURER Pursuant to Minnesota Statutes, Section 515B. 1 -116 and Section 272.12, taxes payable in the year 201_, on real estate h... Whir, described, have been paid; there are no delinquent mxes and transfer has been entered on this _day of ,2011 By Washington County Aud'nobTreasumr Deputy CIC No. 357 WATERMAIN CROSSING CONDOMINIUMS SHEET I OF 2 SHEETS SaY I IrNE UN m m T,, o o\ \ uNi� 9 F FoR o 12pp� n R (1Nf E E , ,OI s ✓ ✓uY ,w.u...a s o 3 L BRUMrNpu$ LO•JZ Iy pF 3 W J ' LINE UNa / / C L A 8 / / {NALK A SfcY j 8 Z Z' ilk WALL / W IIDr W F-11 W ,vcss JLM I Conn, W - -A' S 721118' W OSG F n, Caz (N, D ae, r s Air) c f4aQ Y�l,, ei 6 \ od P 55 0 (PS \ CD7 / TJZO DRAFT 1 / I NOTES 'O. 1) THE LOWER BOUNDARY OF UNIT } 6 AT ELEVATION 600.00 FEET (NGVD 29) IN LIPPER THE HORIZONTAL BOUNDARIES OF LINT 3. AT THE UPPER AND FEET LOWER VERTICAL LINTS. / ARE THE VERTICAL PROJECTONS OF THE HORIZONTAL BOUNDARIES AS SHOWN. / 2) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WEST LINE OF BLOCK 28, ORIGINAL TOWN, NOW CITY OF STILLWATER. ACCORDING TO THE PERFECTED PLAT THEREOF RECORDED IN / THE OFFICE OF THE COUNTY RECORDER, WASHING7Ol COUNTY, MINNESOTA, WHIOI R ASSUMED TO BEAR NORTH 17 DEGREES 47 MINUTES 11 SECONDS WEST. 3) BENCHMARK . TOP OF FOUND WITNESS JUDICIAL LANDMARK MONUMENT FOR THE NORTHEAST CAR OF THE PLAT. ELEVATION . 692.47 FEET NGVD29. 4) BUILDING DIMENSION TIES SHOWN ARE AS MEASURED ALONG THE RESPECTIVE LINES OR PERPENDICULAR THERETO, AS THE CASE MAY BE. PROJECTIONS ARE BUILDING SHOWN. AS LOCATED AT GROUND LEVEL. OVERHANGS OR OTHER LEGEND DENOTES FOUND JUDICIAL LANDMARK MONUMENT- 2 INCH 0 DIAMETER ALUMINUM CAP INSCRIBED JUDICIAL LANDMARK - RLS 13774 STACK-, UNLESS SHOWN OTHERWISE. P11 DENOTES DIMENSION VALUES FROM THE 'PERFECTED PLAT. OF THE CITY OF STILLWATER. RECORDED AS DOCUMENT NUMBER 416D49, WASHINGTON COUNTY RECORDER'S OFFICE. a�a DENOTES OUTSIDE BUILDING WALL DIMENSIONS AS MEASURED AT GROUND LEVEL. L Timothy J. Freeman, do hereby certify that the work was undertaken by or reviewed and approved by me for this CIC plat ofCOMMON INTEREST COMMUNITY NUMBER 357, A CONDOMINIUM. WATERMAIN CROSSING CONIDOMDJR7MS, being located upon: All that pan of Lou 3,4 and 5, Block 28, of the Original Town, n,a City of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878 according to the recorded plan thereof in the Office of the County Recorder of Wasbingum County, Minnesota, described as follows, m wit, Commencing at a point in the southeasterly line of said Lot 3 where the same 6 intersected by the westerly line ofpl,ttw Stimpasm s Alley, a.ka South Water Street, thence North 17 degrees 47 minutes 11 seconds West, assamand bearing, along said westerly We, 6.23 feel, more or less, I— point 25.00 feet southerly, as measured along said westerly line, from the northwesterly line of said Let 3, said point being the point ofbeginnmg of the parcel being described a Wlimeas Judicial Landmark beats North 72 degrees 24 minutes 19 seconds East, parallel with said northwesterly line of Lot 3, a distance of 0 50 fen from said point of beginning, theme South I7 degrees 47 minutes I I seconds East along said westerly line, 79.76 feel, more or less, In a Judicial Landmark st a point 3,00 feet southerly, as measured along said westerly line, Bom the north`vemerly lee of sat. Lot 5, thence south 72 degrees 24 minutes 19 seconds West, parallel wih said northwesterly line of Lot 5, a distance of 50 52 feet to a Judicial Landmark, hence North 17 degrees 37 minutes 32 seconds West, 7 55 feet to a Judicial Landmark, thence South 72 degrees 22 mmute, 28 seconds West, 69.48 feet, more or less, to a point to the easterly I'me of planed Main Siren, said point being 149 feet southerly, as measured along sad eastedy line, from the nonhwesmfly comer of said Lm 5 a Witness Judicial Landmark bears South 72 degrees 22 minutes 28 --its West, 0.50 feet from said poem, thence North 17 degrees 47 immures I I sees nds West, along said easterly line of planed Mam Street. 78.25 feel, mare or less, to a Judicial Landmark at a point 25.00 feet southerly, as measured along said easterly lice, 6mn the northwesterly comer of said Lot 3; thence North 72 degrees 24 minutes 19 seconds East, parallel with said nonhweslerly tine of Lot 3, a distance of 120.00 feet, more or less, to the point of beginning. The boundary lines of this property have been regkmred and Judicial Landmarks have bee. placed pursuant to an Inted —ony Order fled in District Court, Tenth Judicial District, Washington County, Mmneaota. Court File No, CZ6 -6462. And that this CIC plat fully and accurately depicts an information required by Minnesota Suet —, Section 5158.2- 110(c); and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this_ day of. 2011 Timothy 1. Freeman Licensed Land Surveyor Mim em. License No. 16989 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing surveym's certificale, by Timothy 1, Freeman, Licensed Land Su eyor, was a,kmo`vledged before me, a N.mry' Public, this_ day of , 2012. Todd A. Erickson Notary Public My commission expires lsnoary 31, 2014. I, Michael G. HoeOer, pursuant to Minnesota Starnes, Section 51511.2-101 (c), do hereby certify that the .structural m,ements of the somenmes containing the units and the mechanical systems serving more than one unit are substantially completed and that I am a duly Licensed Architect under the laws of the Stale of Minnesota. Dated this_ day of , 2012. Michael G. Homer, Licensed Professional .Architect Minnesota License No. 24210 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing surveyors certificate, by Michael G. HceBer, Licensed Prof saional Arohite t, Wes acknowledged before are, a Notary Public, this _ day of . 2012. ToddA Enckson Notary Public My c,=i,,i,n expires January 31, 2014. COUNTY SURVEYOR Pursuant to Minnesota Statutes, Chapter 389.09, Saud, '_, this CIC Plat has been reviewed and approved this day of , 2011 By Washington County Surveyor COUNTY AUDITOFUTREASURER Pursuant to Minnesota Statutes, Section 515B. 1 -116 and Section 272.12, taxes payable in the year 201_, on real estate h... Whir, described, have been paid; there are no delinquent mxes and transfer has been entered on this _day of ,2011 By Washington County Aud'nobTreasumr Deputy CIC No. 357 WATERMAIN CROSSING CONDOMINIUMS SHEET I OF 2 SHEETS Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING 12445 55TH STREET NORTH �E LAKE ELMO, MINNESOTA 55082 Phone (651) 439,8833 wwwKe -inc com VESTIBULE L1M � CnMM2v f M Foz Z(" J VESTIBULE GMiiEO (M,N� EIEMEM Foz LI v 1 ., COMMON INTEREST COMMUNITY NUMBER 357 A CONDOMINIUM A TERMAIN CROSSING CONIC OMINI UMS AWN FLOOR PLAN E oRa1 —wI (ES I -' EXTE.P/az Buuvi c �� S-, I of ZSiren) UNIT 1 & 2 DETAILS As -built SCALE WV FEET o s tD 2D ORIGINAL SCALE: 1 IN .10 FEET r,11S 1I1 ZS ) :+ c\ LrMm o G.v Av E:r E,vr � \ Foz 11 rr I \ �,EnceL UN NOTES 1) ELEVATIONS SHOWN ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929 ADJUSTMENT. 2) BENCHMARK . TOP OF FOUND WITNESS JUDICIAL LANDMARK MONUMENT FOR THE NORTHEAST CORNER OF THE PLAT. ELEVATION . 692.47 FEET NGVD29. SEE SHEET 1 OF 2 SHEETS FOR LOCATION OF THE STE BENCHMARK. 3) BUILDING DIMENSIONS SHOWN ARE AS MEASURED IN FEET AND TENTHS OF A FOOT AT BASE LEVEL. VARIATIONS EMST ALONG THE FLOORS, WALLS AMD CEILINGS OF THE UNITS THE UNIT BOUNDARIES ARE THE ENTIRE UNFINISHED SURFACES AS THEY ARE BUILT.. FE A 68VJ i 1� 44SNCAVIT FLOOR PLAIN Ff = 6843 w V EavEri Bui�o� Wye (' S— f of I S J B SIN 30 11 Sam, , 016 E� Ff 6843 FE = 68E6 Oz ____ f­111 91-1W IVAI FC .683.4 "INS EILA ` (E S_ ) - Z S—) FE - FE . berms E zraz Buuoii,�e Wn�e S­ I, zS—1 BASEMEN FLOOR NOTES THE &4LLS OF aV17S 2 AND Z CONSIST OF STONE AND MOR74,e THESE WALLS ✓A.PY AND THE DIMENSIONS ShVWN ARf AVERAGES OF THE MEAS!lREMENTS TAKEN - THE FLOORS OF UNITS 1 A/JO Z CONSIST OF POURED CONCRETE THAT IS NOT UNIFORM IN ELEVATION ELEVATION S/ Z ShVWN ARE TO BE CONSIDERED REPR'SE1,7A7AE OF THE GENERAL MEASUREMENTS TAKEN ELEVATIONS 5,40WN AS (FE _ 693.2) AT THE SPOT MEASURED. THE CEILINGS OF ZINTTS 1 AND Z ARE OPEN WOOD CEILING JOISTS THE ELEVATIONS WERE MEASURED TO TH£ 5077,1M EDGE OF THE GENERAL AVERAGE OF THESE ✓O /STS C1C No. 357 WA ERMAIN CROSSING CONDOMINIUMS SHEET 2 OF 2 SHEETS 12 G rl t:: VATIOQ IV HAF G R 0 U P H Mod F" T 'S rucnlre r, rues —4c. 111IL111.111 5.113( u'ARtFC, MN ?ecmlee- 6 5/01)�J& J'AF ^^C"/`"�'"R� "",.`,,°""` c~°"`""�`'0" Mot F xxox '/rscr, � / ' '.^.^"~",, ��. On v ������,m���J /�x fy 54'E Vo�7,10H \5*0417)� �%-E-WoTrlofy A R C 11 1 T f C T IJ R t COWS - UCIION 'I T I C T I Tcco)ee HAF n5 1 G R 0 U P C 11 r L 1 T O I T V k r. r C L' C 0 N 5 T R V C T I V N 11 1 HMF H 'I . T 'E, C, T I 'S -1 N I-J, t 1 0 t nA 0 4Pre� L6va, P1,A1V • A R C H I T E C T V R C. 0 c V e L C) r M E H T C O 14 , T R V c T 1 o N I On.LAfr 1 '.1 NIIr, Ll l ti f l t 14 n R C H I T E C T S Acr. 111 recruRe Y L A N N I F! fi I N f E P l R Ian r r c��l.�uux sr. IrC i Silll:Y�I(u!KtN ANi YCCIS. a .IZCI XrfOK.i::�lnl'I� AIAnC rill fill: i l�nl nn�iilii:.�i•.:.01.<f ..il of ..AM £Q3'Ge /V'� /H 4r -y?FZ, ooze a --/-IF- ?01 ` 5. Proposals shall optimize potential of the site. 6. TIF funding will not be provided to those projects that fail to meet good public policy criteria as determined by the council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and /or the city; projects that do not provide a significant increase in tax base; projects that do not have a significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the city; and projects that do not provide the highest and best desired use for the property. Eligible Uses of Tax Increment Assistance 1. Acquire land or building space which is vacant, unused, under used or inappropriately used. 2. Provide for the financing and construction of public improvements; i.e., water, sanitary sewer and storm sewer lines, roads and drainage. 3. Provide for site preparation; i.e., grading, soil correction, cliff dewatering, landscaping or drainage improvements for private development. 4. Enhance building design and site landscaping. 5. Provide adequate business and shopper parking. 6. Reduce special assessment and write down land costs. Funding Approach The preferred method of providing assistance for private projects is the "pay as you go" approach and the loan approach. "Pay as you go" does not involve the issuance of bonds and thus limits the city's financial exposure in these uncertain times of state enabling legislation. The loan approach involves the sale of tax increment bonds and loaning the proceeds to the developer which in turn comes back to the city with interest. The repayment funds would be placed in a development account to assist with future development. This lessens the bond risk because there are two income streams, tax increment and loan payments, that can be used to meet the bond obligation. Only in special unique situations where there is very significant benefit to the community, will "up front" assistance be considered. A combination of assistance techniques may be appropriate in some situations. The following TIF allocation criteria will be used as a guideline- (1) A minimum of 50 percent (50 %) of all new TIF proceeds shall be used in the downtown redevelopment district to correct blighted conditions (2) new or expansion of basic industrial development may receive TIF assistance according to the economic development district requirements (maximum ei ht 8 ears of assistance 3) other commercial office, retail or service usiness may receive 2 -1/2 years of "pay as you go" assistance (50 percent (50 %) of TIF proceeds for five years) for land write down or special assessment reduction. 1 Principles Used to Review and Negotiate TIF Development Contracts 1. To limit public financial assistance to a project to the minimum amount necessary and assure the successful accomplishment of the project. 2. To keep the payback period for tax increment bonds and loans to the shortest term possible. 3. To provide tax increment assistance only to those projects which general sufficient increment to cover debt service. 4. To provide the greatest security possible to protect the city's investment in the project. 5. To recapture the public investment to the maximum extent possible through equity participation in the project or to treat TIF assistance as a second mortgage with fixed payments. 6. To assist only projects that will not result in significant negative environmental impacts on the city. 7. TIF assistance will not be used to give a competitive financial advantage over similar projects in the area. ' ate .M! �......... Of Y..... 1� CITY COUNCIL SPECIAL MEETING MINUTES May 11, 2012 SPECIAL MEETING 8:00 A.M. Mayor Harycki called the meeting to order at 8 a.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PREVIOUS RETREATS AND PROGRESS City Administrator Hansen reviewed priorities /issues from previous retreats and the progress made as a result, which included: from the 2009 retreat, the Public Works Department is more professional and efficient; cooperation with Washington County and School District 834 has been increased; improved efforts on staff reports, energy audit, disposal of the Cayuga, and consideration of a dog park; from 2010, flood control options; Lowell Park improvements; boat launch; armory; contracts rebidded; problem properties addressed; increased communication with the watershed districts; energy audit; economic development; shared services study; gazebo; Dairy Queen take over the concessions at the Rec Center; from 2011, benchmarking; personnel policy changes; promotion of volunteerism; purchasing policy revision; transfer of TIF funds to parking ramp debt service; rental agreement for the Cayuga property. It was requested that City Administrator Hansen circulate a list of contracts that will be bid to determine if neighboring communities — Stillwater Township, Grant, Oak Park Heights, etc. — would be interested in piggybacking on those contracts. FIRE STATION /ARMORY /GYMNASIUM Gymnasium City Administrator Hansen reported that a tax impact study had been done for all the pending projects. He reviewed estimated tax impact on homes of various values for the gymnasium project and fire station. City Council Special Meeting May 11, 2012 Councilmember Roush indicated that it was his understanding the gymnasium project would be privately funded, and it was noted that is the hope, but there are no guarantees regarding the amount of support. Like the Rec Center, the gymnasium would be the City's liability through general obligation bonds. Councilmember Polehna stated he has been talking with communities throughout the area to solicit support for the effort, specifically requests for a commitment to pay a portion of the debt service for a number of years. Councilmember Polehna also spoke of the revenue stream that will be generated in court fees /rentals to offset the debt service. City Administrator Hansen pointed out that decisions regarding whether to proceed with the gymnasium project will need to be made soon. Community Development Director Turnblad noted that a joint use agreement still has to be put together with the National Guard, and he that while revenue from the second/expanded gymnasium could be obligation for debt service, some of the money from the facility paid for by the National Guard will go directly to the Guard. There was discussion about the impact of the Guard's use of the facility two weekends a month and whether the Guard would be utilizing the entire gymnasium space on those weekends. Councilmember Cook voiced that this is information that needs to be known before any decisions are made as to whether to proceed with the second gymnasium. On a question by Councilmember Cook, there was discussion of other armory facilities where there are cooperative ventures with host cities. It was noted that in Inver Grove Heights, the only program in the red is the water park area, with all others running in the black. It was also noted that Inver Grove does not have an expanded gymnasium facility. There was discussion of the proposed size of 19,000 square feet and the reason for that size. It was noted the facility could also be rented for craft, antique, gun shows and similar activities. Councilmember Cook asked the question of who would get the rental money. Mr. Turnblad responded that the Guard would be responsible for scheduling the rentals. Councilmember Polehna pointed out that if need be, some of the scheduling could be taken over by the Rec Center. Mayor Harycki indicated that according to the figures provided by finance, debt service would amount to $15,700 a month, and suggested it would also be good to get some information about operating costs for such facilities, as well as typical rental fees. Councilmember Roush inquired about the likelihood of other communities participation, and Councilmember Polehna replied those that he has talked with have indicated support. Mayor Harycki estimated it might require that the courts be rented 224 hours a month in order to break even, and requested contacting Doug Brady from the Rec Center regarding rental hours of the two ice sheets. Mayor Harycki requested that Mr. Turnblad talk with Col. Jensen in an effort to answer some of the questions about what a joint use agreement might look like, as well as contact Doug Page 2 of 10 City Council Special Meeting May 11, 2012 Brady regarding rental times. Mr. Turnblad responded that staff could probably put together an estimate of operational costs and revenue. Mayor Harycki continued that the Council will have to determine a "comfort level" for subsidizing such a facility if all debt and operating costs can't be covered by rental fees. City Administrator Hansen pointed out that these types of amenities do not pay for themselves — if they did, the private sector would build them. There was discussion about the new municipal recreation center in Vadnais Heights. It was noted that much of that facility is underused and therefore does not generate the rental fees that the City had hoped for. Mr. Turnblad stated that after office hours National Guard personnel would not be able to staff the facility. Consequently, the rental fees would have to cover the costs of renting the gymnasium and paying wages for someone to staff the facility after office hours. There was discussion about a facility at Vadnais Heights where the dome collapsed, and it was noted that there will have to be somebody on site when the facility is used after hours. Mr. Turnblad added that the City of Vadnais Heights cannot cover the cost of construction of their facility because there is too much unrented space. Councilmember Polehna stated that he could get some more definitive numbers regarding rental costs and inventory of facilities. Community Development Director Turnblad noted that due to the National Guard's timetable, a decision on whether to proceed with 35% of the design for the expanded gymnasium will have to be made within 3 -4 weeks. Councilmember Cook expressed that she didn't have a sense of whether this is what the greater community wants, or whether it is something that is wanted by a finite group. She noted that taxpayers weren't even willing to pass the school tax referendum. Councilmember Menikheim thought this was more than an amenity, it meets a need for such facilities, and Councilmember Polehna referred to a survey done by the Chamber that indicates people want a community center. In discussion, it was noted that debt service costs will be going down in 2012 and 2014 that could offset future debt service costs. There was discussion of the City's status regarding debt service/bonding. City Administrator Hansen cautioned the Council that the City is in danger of having a very high tax rate, and noted the City has little debt expiring. He stated the point of having a 5- year capital improvement plan is to time projects to occur when other debt is expiring. Mr. Hansen noted that the gymnasium and fire station would increase the tax rate by 3.6 %. Mayor Harycki pointed out that there would be some debts retired before ground would be broken for these projects. Mr. Hansen indicated that the strategy of not selling bonds to get through the state budget crisis is not sustainable, and the City will need to bond for capital equipment at least every other year in the future. He also noted that the City isn't experiencing the growth it did in the past that helped offset the tax rate. Page 3 of 10 City Council Special Meeting May 11, 2012 Councilmember Polehna talked about the expected growth/development in the City in the next several years. Mayor Harycki indicated that he preferred to consider total spending versus tax rate, and noted that it is difficult to compare tax rates due to factors such as libraries and TIF districts. Councilmember Menikheim asserted that the bottom line is whether people are willing to have taxes raised in order to do these projects. Councilmember Cook expressed that she would feel comfortable telling people taxes will be raised for a central service, such as a fire station, but would not feel comfortable raising taxes for an amenity, such as a gymnasium. City Administrator Hansen described that under existing law, it is possible to build anything the Council wants - the question becomes where to find the money to operate the facilities. Councilmember Polehna stated that is the impetus for being creative in the operation of the facilities. Fire Station On a question by Mayor Harycki, Community Development Director Turnblad answered that nothing more will be known regarding potential costs until design work is initiated. He explained that the National Guard has selected its design team, but the fire station is not included in that contract. Mr. Turnblad suggested that if the decision is made to build sometime in the near future, it makes sense to go with the design team in place due to cost savings. He also indicated that if the decision is made to proceed with the design and then decide not to actually construct the facility, that is a waste of money because the next design team won't be able to use the previous work. City Administrator Hansen agreed with that analysis and indicated it would be his recommendation that if the Council decides to proceed with the 35% design phase, it makes the decision to build the facility. In discussion, Mayor Harycki suggested there are two departments involved here: fire and police departments, and spoke to the current cramped working conditions in the police department, as well as the fire station. Councilmember Menikheim echoed those comments and also spoke of the need to construct a new facility large enough to accommodate future expansion needs. Mayor Harycki noted there would be costs associated with remodeling the current fire /police quarters, which need to be considered. Chief Gannaway talked about some of the changes that he would like to see made to the existing facility. Mr. Turnblad noted there is more leeway in the timetable for making a decision on whether to proceed with the design for the fire station — the design decision for the gymnasium must be made in 3 -4 weeks, but the decision for the fire station is not as critical as the design for that facility could be done independent of the National Guard. Mr. Turnblad pointed out the cost for participating in the design with the Guard will be 13% or about $800,000 and that he Page 4of10 City Council Special Meeting May 11, 2012 believes the City could realize some cost savings by doing the design independent of the Guard. He did note that the Guard's fee does include some actual construction costs. Councilmember Cook asked whether the City would have to build to the Guard's silver standards, and Mr. Turnblad answered in the negative. Councilmember Cook inquired about the proposal to have a substation at the existing fire station, and referred to comments made during the public open house. Chief Glaser responded that was a policy decision for the Council. Mayor Harycki stated that he did not want to go down the path of having a dual station. He noted there already is a truck stationed at the old public works facility behind City Hall which could be utilized. Councilmember Cook expressed that she thought it critical to have a fire presence remain in the historic downtown area and in proximity to the river for water rescue. There was discussion as to what might need to be done to the old public works building to make that usable. Mayor Harycki referred to the financial information, and noted that debt service would amount to $416,000 a year, $45 on a home valued at $200,000. He indicated that the Council has two decisions: whether to proceed with the design and, if so, whether to utilize the Guard's design team. Councilmember Menikheim spoke in favor of proceeding, and referred to the potential for growth of the City, the professional opinion regarding the need and the cost effectiveness of the project. Mayor Harycki mentioned that for both the gymnasium and fire station the tax increase on a home valued at $200,000 would be $65 a year. He inquired if that represented the total cost, such as road work, and Mr. Turnblad provided estimates for the required intersection reconstructions. City Attorney Magnuson pointed out that those costs could be included in the overall bonding for the project. Mayor Harycki noted the City would be responsible for the intersection work regardless of whether it proceeds with the fire station/gymnasium projects. Mayor Harycki then spoke of the opportunity presented and stated he would be willing to proceed with a worst -case scenario of about $65 on a $200,000 house. Councilmember Menikheim reiterated the added value to the community of having these facilities. Councilmember Roush noted costs will only increase in the future. Mayor Harycki also spoke in favor of proceeding with the National Guard's design team. He asked Mr. Turnblad how much input the City would have in the design process, and Mr. Turnblad responded that the City would have input both in the Guard's design process and in the City's own special use permit process. Councilmember Cook inquired if there would still be opportunities for reducing costs if it decides to proceed with the design, Chief Glaser answered that would absolutely be the case and noted that he is very sensitive to the cost concerns. Page 5 of 10 City Council Special Meeting May 11, 2012 Councilmember Polehna expressed concern about one of the design team firms selected by the Guard. Mr. Hansen spoke of the importance of having a construction manager for the project. Councilmember Cook spoke of the initial discussions of cost savings by having the fire station co- located with the Armory, and that she didn't think that has turned out to be the case. Fire Chief Glaser stated it would be difficult to quantify the savings at this point, until the overall scope of the project is known. Councilmember Roush remarked that it would be more expensive to build a station independent of the armory. He agreed there are some add -on costs that offset the savings, but the savings are still there. Mayor Harycki reiterated that the project will benefit both the fire and police departments, and suggested the opportunities, including available sites, won't be available in 10 years. Councilmember Cook spoke of the additional cost to improve the former public works building to accommodate a downtown fire presence, and Chief Glaser pointed out if the decision is made to keep a downtown presence, that may result in some savings at the new station, information that is not known at this time. In discussion, it was also mentioned that some of the work at the public works building would have to be done in any event. A 10- minute recess was taken, with Mayor Harycki reconvening the session at 10:34 a.m. It was decided to take an official vote on whether to proceed at the next regular Council meeting. There was discussion as to what construction standards to follow. Councilmember Roush suggested this is an issue of pay now or pay later; he noted a project can be constructed to the LEED standard, but there is an additional cost to have it LEED certified, which wouldn't have to be done. Councilmember Roush indicated he thought there was an advantage to building to that standard because of future savings in operational and maintenance costs Motion by Councilmember Roush, seconded by Mayor Harycki, pending an official vote on proceeding with the design, to build to the LEED silver standard, but not have it certified. Councilmember Polehna mentioned that he was not aware of all the silver standards entailed, and Mayor Harycki responded that he thought the standard should be followed to the extent possible, where energy savings can be incorporated and there is a payback. Councilmember Cook voiced that she would like a vote on this issue in a more public forum as well, explaining the decision on record with an explanation of what the LEED standard entails and what might or might not be included. Councilmember Roush and Mayor Harycki rescinded the motion and second. In additional discussion, Mayor Harycki wanted a decision on the gymnasium, but felt there was information missing for a decision to be made at the next Council meeting. Page 6 of 10 City Council Special Meeting May 11, 2012 Councilmember Polehna remarked that he would try to get some additional information put together. Mayor Harycki requested that a resolution be prepared approving the design fees for the fire station for a vote at the next Council meeting, and suggested that pending the vote on proceeding with design for the fire station, there should be some action to begin the process for moving forward with improvements /reconfiguration of the police department space. In discussion, it was suggested that action should be a motion directing staff to begin an RFP or similar process. Councilmember Menikheim inquired if improvements to the old public works facility for possible use as a fire substation should be included, and Councilmember Cook indicated that would be critical to how she votes on proceeding with a new station. Mr. Turnblad answered that he thought those two items could be included in one RFP. STREETS City Administrator Hansen asserted that the City's current practice of funding street improvements is not sustainable. He reported that the 2012 project will pretty much exhaust the current method of funding. He noted that several years ago, he had prepared a possible change in the City's assessment policy, going from a 50% share of costs to a 75% cost to citizens, a change that wasn't liked by anyone. He pointed out that if the Council wants to continue the current assessment policy, through creative use of TIF and state -aid funds, the City might be able to do 2 or 3 more additional street projects, and then those sources would be gone. The financial data provided, he explained, shows the impact of doing a $1 million project every year for 10 years. The example provided that the owner of a $250,000 home would pay an additional $176.40 in taxes. Councilmember Cook thought, if asked, street improvement projects would be something that citizens would favor, and later noted that the infrastructure impacts economic development. City Attorney Magnuson pointed out that years ago, the City assessed 100% of improvement costs to residents, and added one option is to have residents assessed more. Mayor Harycki offered that the City should incorporate the County's plans into its improvement schedule and perhaps scale back its project in years when the County will be doing work in the City. Public Works Director Sanders enumerated upcoming County projects. Mr. Sanders also noted that residents can be assessed when state -aid projects are done, which reduces overall cost to the City for those projects. Mr. Hansen concluded that the City can continue the current process for 2 or 3 more years, after which time, he will be back to the Council to implement the bonding method of financing street projects. Mr. Sanders also talked about the potential for using TIF funds for improvements projects in TIF districts, and Mr. Magnuson continued about the possibility of amending soon to expire TIF district boundaries to be citywide so the surplus funds could be used for street projects. Page 7 of 10 City Council Special Meeting May 1 1, 2012 Mr. Turnblad pointed out that the intent of TIF is for economic development/redevelopment, and if used for streets it is like spending capital funds in operations. Councilmember Cook requested that perhaps a portion of the TIF funding could be used for streets in the downtown. Mr. Hansen added, philosophically, he agreed with Mr. Turnblad's position, but perhaps using TIF is something the City will have to do. Regarding the proposal to bond for street projects versus using TIF, Councilmember Cook remarked that she didn't think people would mind half as much having $17 added to their tax bill for 10 years, as they will about a gymnasium and possibly a fire station at double that amount for 20 or 25 years. Mayor Harycki spoke in favor of utilizing the surplus TIF funds to continue the street improvement schedule. On a question by Councilmember Cook, Mr. Hansen replied that the original intent of TIF was for economic development and use for street improvements deviates from that, but if it is legal and it's the only way a street project can be done, he would support that use. Councilmember Cook stated that she would want to be sure the use for streets is legal and also that the City isn't using these [TIF] funds that could be used for certain other projects the City might not be able to fund from any other source. Mr. Magnuson talked about the original intent of TIF and some of the uses that are allowed. Councilmember Cook talked about the possibility of using the funds in some way on the Brown's Creek trail. Councilmember Menikheim suggested that road projects are more of a maintenance issue, while economic development is the future, and he mentioned the possibility of acquiring the depot. Later in the discussion, Mr. Magnuson explained that would be a legal use if the building was used as a visitor center, for example. Mayor Harycki asserted that he wants to continue working on the street improvement schedule and suggested getting an opinion from the auditor about the legal issues. Councilmember Menikheim noted that he would be OK with using a portion of the TIF for street projects, but not all of it, preferring that it be spent on economic development. Mayor Harycki added that if a portion of the TIF funds are used for street projects and we continued with our pavement management elan, it .v,:,��.* p,.,.vide an extra two years when additional debt, ° °t:r °m *would extend the street repairs 5 -6 years, and beyond that the City could capture the savings from retired debt service that may eliminate the need for bonding. There was additional discussion about the use of TIF for the Brown's Creek trail and use /acquisition of the depot building. SPECIAL EVENTS Mayor Harycki reported that someone would be at the next Council meeting with an event proposal. Councilmember Polehna talked about the increasing number of requests for race - related events and that he had tried to get a copy of the Minneapolis policy that, supposedly, is an impetus for moving a lot of the events from that locale. Page 8 of 11 City Council Special Meeting May 11, 2012 Mr. Turnblad pointed out that the intent of TIF is for economic development/redevelopment, and if used for streets it is like spending capital funds in operations. Councilmember Cook requested that perhaps a portion of the TIF funding could be used for streets in the downtown. Mr. Hansen added, philosophically, he agreed with Mr. Turnblad's position, but perhaps using TIF is something the City will have to do. Regarding the proposal to bond for street projects versus using TIF, Councilmember Cook remarked that she didn't think people would mind half as much having $17 added to their tax bill for 10 years, as they will about a gymnasium and possibly a fire station at double that amount for 20 or 25 years. Mayor Harycki spoke in favor of utilizing the surplus TIF funds to continue the street improvement schedule. On a question by Councilmember Cook, Mr. Hansen replied that the original intent of TIF was for economic development and use for street improvements deviates from that, but if it is legal and it's the only way a street project can be done, he would support that use. Councilmember Cook stated that she would want to be sure the use for streets is legal and also that the City isn't using these [TIF] funds that could be used for certain other projects the City might not be able to fund from any other source. Mr. Magnuson talked about the original intent of TIF and some of the uses that are allowed. Councilmember Cook talked about the possibility of using the funds in some way on the Brown's Creek trail. Councilmember Menikheim suggested that road projects are more of a maintenance issue, while economic development is the future, and he mentioned the possibility of acquiring the depot. Later in the discussion, Mr. Magnuson explained that would be a legal use if the building was used as a visitor center, for example. Mayor Harycki asserted that he wants to continue working on the street improvement schedule and suggested getting an opinion from the auditor about the legal issues. Councilmember Menikheim noted that he would be OK with using a portion of the TIF for street projects, but not all of it, preferring that it be spent on economic development. Mayor Harycki continued that even if a portion is used for street projects, it might provide an extra two years when additional debt retirement would eliminate the need for bonding. Mayor Harycki requested that staff get an opinion from the state auditor's office and prepare a list of other projects that might be done with the TIF money, and bring the issue back to the Council before budget discussions. There was additional discussion about the use of TIF for the Brown's Creek trail and use /acquisition of the depot building. SPECIAL EVENTS Mayor Harycki reported that someone would be at the next Council meeting with an event proposal. Councilmember Polehna talked about the increasing number of requests for race - related events and that he had tried to get a copy of the Minneapolis policy that, supposedly, is an impetus for moving a lot of the events from that locale. Page 8 of 10 City Council Special Meeting May 11, 2012 Mr. Turnblad explained that the City of Minneapolis' policy is certain routes can only be used a certain number of times a year, so that one neighborhood doesn't bear the burden for all the events. Mayor Harycki questioned how the City can pick and choose between promoters. Councilmember Cook suggested that the City should determine what it wants, decide, for example, how many races a year it wants and then submit RFPs. She added that part of the special events task force was the promise to have a discussion with the community about the vision for special events. Mayor Harycki suggested starting with community focus group Councilmember Menikheim suggested there needs to be an overall policy that protects the interests of the community as well as City staff. He also spoke of the public's desire for a community celebration to replace Lumberjack Days and suggested that is where a community focus group should play a part. Chief Gannaway offered that the City should have a set policy where some requests will be denied, or reach the point where it will need to have an event planner /coordinator. Chief Gannaway pointed out that with a focus group everyone will have a different idea of what is wanted and the process could take a long time, he suggested putting a sunset time on any group. Councilmember Polehna recommended doing a survey to determine public interest. Councilmember Menikheim proposed that the Council could find a balanced group of individuals to meet as a focus group. There was discussion of possible composition of a focus group. Mayor Harycki offered having a special Council meeting as an open forum to get feedback. Councilmember Polehna suggested inserting a survey form in utility bills, and Mr. Hansen raised a concern about staff having to prepare the survey questions, and Clerk Ward noted she will be utilizing utility bill mailings for election information. After discussion, it was decided to get a cost estimate from Readex to do a survey, and Councilmember Menikheim suggested having a special Council meeting along with the survey. It also was decided to keep the survey focused on the issue of special events and to schedule a Council workshop to discuss survey results /input and make policy decisions. There was a question as to whether the survey could be funded through TIF, and Mr. Magnuson is to look into that issue. OTHER ISSUES Councilmember Menikheim submitted scheduling a workshop session prior to every Council meeting. It was decided to schedule a workshop session at the second meeting in June to discuss items remaining on the retreat agenda. Page 9of10 City Council Special Meeting ADJOURNMENT May 11, 2012 Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adjourn the meeting at 11:50 a.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Page 10 of 10 ' titer ... 1......... Of Y........ CITY COUNCIL MEETING MINUTES May 15, 2012 REGULAR MEETING 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 7:00 P.M. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the May 1, 2012, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Library Board Update Ned Gordon provided an update of Library activities, highlighting some of the statistics from the Library's annual report including the value of the service provided by volunteers, along with the growth in electronic materials and related issues. He touched on budget concerns such as the cost of purchasing titles in a variety of formats and building repair issues, and referenced the value calculator which shows the estimated total value of the library to the community is nearly $8 million in resources and other services. Councilmember Roush asked if the sharing of materials through MELSA also applies to electronic materials and whether that offsets some of the cost. Librarian Lynne Bertalmio explained the arrangement between Stillwater and Washington County Library, but noted that the Stillwater Library is still purchasing material in many different formats, supported in part by Friends of Stillwater Public Library and Library Foundation. City Administrator Hansen reported that there was a request for release of library capital funds included in the agenda packet. City Council Meeting May 15, 2012 Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt the request as presented. All in favor. Proclamation — Miss Vicki Bliss Mayor Harycki read a proclamation declaring May 25, 2012, Miss Vicki Day in the City of Stillwater in recognition of Ms. Bliss's 38 years of teaching preschool children at St. Croix Preschool. Certificate of Appreciation - Don Fixmer Mayor Harycki presented a Council Service Award to Don Fixmer in recognition and appreciation of his 25 years of service broadcasting various City meetings. OPEN FORUM Paul Gonya, 631 W. Wilkins, Stillwater, and his wife, Sandra, were present. He remarked that his street was part of last year's street improvement project, and he had called the City several times about a final statement of assessment as he wanted to pay that off, but never received such a statement. However, he indicated that when he received notice of 1St half taxes due, it included the assessment plus interest. He again called City Hall because he had wanted to pay the assessment off rather than pay an annual interest charge and was advised to appear before the Council. He reiterated that he never received notice of the final assessment. City Attorney Magnuson responded that the notice of proposed assessment is the mailing that is the pertinent one and includes information about paying before November 30 without incurring interest. He added that each fall there is an opportunity to pay the assessment in full before taxes are certified. Mr. Gonya expressed that he did not have the same opportunity as his neighbors to pay the assessment before it accrued interest. City Administrator Hansen talked about state law relating to notice of assessments and that if people appear in good faith and state they did not get the notice, he would not dispute that. He continued, however, that once the amount is certified to the County, it is too late to do anything. Mr. Magnuson pointed out that Minnesota law states that flaws or mistakes in the mailing do not provide an excuse for payment. With mass mailings, it is difficult to guarantee that mistakes will not occur, which is why there is a published notice to take care of any flaws in the mailing. Mr. Magnuson added that state law does not provide for any relief in such situations. Leslie Aagard, 1015 4th Avenue S., spoke of a concern about deteriorating housing on the South Hill. She has contacted the Ward 1 representative and County Commissioner Kriesel regarding the concern. She spoke about a specific house on her block which was rented and has now been vacant for at least four years and is falling into increasing disrepair, and encouraged the City to search for funding to implement a program or department that would prevent this kind of deterioration from happening in the City. Page 2 of 11 City Council Meeting May 15, 2012 Mayor Harycki pointed out the City has passed a nuisance housing ordinance. City Planner Pogge reported that staff has looked at the property in question and at this point do not believe the property meets the criteria of the nuisance housing ordinance. He added that the biggest problem is that the property is vacant, as well as a condition that the roof doesn't represent a life /safety issue. Councilmember Menikheim mentioned that this is indicative of a growing problem of rental properties in the City and that he wasn't sure the existing ordinance can address the concern expressed by Ms. Aagard and others. Ms. Aagard expressed concern about continued deterioration of the property representing a fire hazard and having a negative effect on property values. Mr. Hansen stated the current ordinance is more behavioral based, noting that the City doesn't have a property maintenance ordinance and, to date, that type of ordinance hasn't been viewed as necessary or affordable. Mr. Hansen spoke of some issues related to a property maintenance ordinance, including the cost of personnel. Mayor Harycki suggested asking staff to review the work done on the ordinance several years ago to see if there -are some tweaks that can be made to deal with problem housing. Ms. Aagard asked whether there might not be some state or federal housing authority that might be a resource. Councilmember Roush suggested contacting the lender involved with this property; Mr. Magnuson replied that that would be possible but noted the lender isn't likely to get involved as long as the payments are being made. Mayor Harycki spoke of the issue of demolition by neglect. Community Development Director Turnblad suggested the only way to address the real problem is to invest money in staff, and that the City is not in a position to take that on at this time. Councilmember Cook suggested the possibility of contracting for the work and agreed that this will become an even greater issue in the City, mentioning several other properties of concern. She feels this is a quality of life issue that also affects housing values and would like to look at this issue further. On a suggestion by Mayor Harycki, Mr. Turnblad responded that staff could look at the existing ordinance again to see if there are tweaks than can be made. He pointed out that staff spends a lot of time chasing down problem property owners who don't respond. The problem can be addressed, but not without the funds to do so. Mr. Magnuson agreed to get information about contracting for the work; Mr. Turnblad pointed out contracting will be difficult as the City doesn't currently have an applicable ordinance to enforce and noted the existing ordinance relates to people — landlords dealing with renters. Mr. Magnuson reviewed the process and possible actions that can be brought under the existing ordinance; the problem is the investigatory documents that have to be the basis for any kind of court action. Mark Graydon offered a proposal for a community event for this year only, as he understands there will be no Lumberjack Days this year. He had talked to two ends of the spectrum, business owners who don't like the celebration as well as those who are in favor of it, and found most people favor a family- oriented event. He detailed some of activities he might include in an event that would showcase local businesses. Mayor Harycki brought up that special events were discussed at the Council's recent retreat session and Council is starting to put into motion actions to help formulate the policy moving forward, and has voted to have a moratorium on events for this year. Mr. Graydon reiterated his would be a small event that Page 3 of 11 City Council Meeting May 15, 2012 wouldn't require city services, such as police. Mayor Harycki again brought out there is a moratorium and the Council could not entertain any proposals. Larry Cramer, owner of Rafter's, spoke in favor of having a festival. He stated that every year, Lumberjack Days contributed 60 -70% more in sales over an average month to the businesses that were previously located in his establishment. Last year, his business was 66% higher than normal; he felt some sort of festival is important to the health of the business community. Mayor Harycki the Council has talked about doing a survey to gain input regarding a community event in the long -term. Karl Benson, owner of Cooks of Crocus Hill, formerly Chef's Gallery, introduced himself to the Council and community. STAFF REPORTS Police Chief Gannaway informed the Council and public of an issue with the pay machines in two of the downtown parking lots. Cash is no longer being accepted -- credit and debit cards only will be accepted. Signs will be posted regarding the change. On busy weekends or during special events, attendants will be present to facilitate the flow of traffic. Fire Chief Glaser announced that a car seat safety clinic would take place May 22 at the Fire Department. He also mentioned a check presentation for the fire rescue boat was to take place on May 17, and noted that there was no cost to the City for acquiring or refurbishing the boat. City Clerk Ward presented information regarding elections, including the new redistricting lines and new polling places will be mailed out in the very near future. There also will be informational inserts included with the next three utility billings. Filings for Council election open May 22 and close at 5 p.m. June 5. Public Works Director Sanders stated the Brown's Creek Watershed District has agreed to contribute $5,000 to the City's lake vegetation management plan. Between the two watershed agencies over $14,000 has been pledged to finance the plan. Mr. Sanders also told the Council that the Metropolitan Council has received funding to provide grants for sanitary sewer infiltration improvements, and the City will be apply for a grant to do additional I &I work. City Attorney Magnuson referred to his memo regarding the Neal Avenue right -of -way issue related to the McDonald's project, explaining that a deed arrangement has been prepared to resolve the issue. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -084, Approving deed for McDonalds. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None City Administrator Hansen reported that the Council had requ ested a special workshop meeting for the first meeting in June to discuss items that weren't covered in the recent retreat session, but that he has requested that the workshop be rescheduled for the second Page 4 of 11 City Council Meeting May 15, 2012 meeting in June as he will not be present for the first meeting. Council agreed to do so. Staff will be getting the requested pricing information from Readex for conducting a survey. CONSENT AGENDA Resolution 2012 -077, directing payment of bills Resolution 2012 -078, approving the 2012 — 2013 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Possible approval of temporary liquor license for St Mary's Catholic Church — September 9, 2012 Resolution 2012 -079, approving name change for Stillwater Brewery to Staples Mill Brewing Company Resolution 2012 -080, approving transfer of Wine & Strong Beer License from The Chefs Gallery to Cooks of Crocus Hill Possible approval of fireworks permit for Target Resolution 2012 -081, approving Curb Masters bid to install Mulberry Point curb and gutter Resolution 2012 -082, approving Herzog Engineering bid to design the foundation plan for the Lowell Park Bathroom renovation and obtain quotes for soil borings Resolution 2012 -083, approving Washington County Property Records Technology and Information Subscription Agreement Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS 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. (Continued from May 1, 2012 meeting). Mr. Turnblad reviewed the issue in question. The appeal was made regarding the staff decision that the height of the fence is measured from ground level to the top of a fence; what is eliminated in that measurement is the post itself that holds up the fence meshing or panels. The property owner who appealed believes the height should be measured from ground level to top of posts.. Councilmember Roush agreed that in decorative fencing the extension of the posts should be eliminated, but noted that, in this instance, the post extensions are for barbed wired, an essential part of the fence height, even though the barbed wire is not installed. Councilmember Polehna understood that this was an unfinished fence meant to accommodate barbed wire. Mayor Harycki opened the public hearing. Barbara Sumey, 626 Fifth St. N., and Brett McDonough of the same address spoke. Mr. McDonough showed photos of plants they have hanging from the fence in question; he stated they had the property surveyed and used a professional fence installer. Both spoke of Page 5 of 11 City Council Meeting May 15, 2012 ongoing problems with the neighboring property owner. Ms. Sumey indicated they had contacted City staff prior to installing the plant hangars and received approval to decorate their property prior to installation. She explained the attachments to the fence don't go straight up but angle over towards their property and in no way infringe on any views from neighboring properties, and they have not received complaints from any other neighbors. Councilmember Cook expressed that if the City has ordinances, they should be enforced. She questioned whether this type of fencing was even allowed and didn't think it fits in with the residential character of the neighborhood. She thought height should be determined by measurement of the full height of a fence, the full height of the extension. Ms. Sumey suggested appearance is a personal preference and eventually they would like to put fencing around the main part of the property, probably a decorative wrought -iron style. They selected the fencing in question because it is more durable with no upkeep required. Tom Foster, 315 W. Maple St., referred to his written position on the issue. No other comments were received. Councilmember Polehna suggested the Council shouldn't get into mediating property disputes. Councilmember Cook mentioned that residents have a right to appeal decisions to the Council; she thought the issue is how to measure the height and that the extensions were part of the fencing and over the height limit. Mr. Turnblad reiterated if it is decided that all fences be measured to the top of post extensions, pre -made fencing material couldn't be utilized and fences would have to be custom built. Councilmember Polehna stated, in this instance, the fence is incomplete; the extensions are part of the fence meant to accommodate some type of barbed wiring. Councilmember Menikheim thought the Council's decision should be to support the decision of City staff. Councilmember Cook felt if the extensions are considered part of the fence, then it extends beyond the height limit. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to uphold staff's decision on fence height. Ayes: Councilmember Menikheim and Mayor Harycki Nays: Councilmembers Cook, Polehna and Roush Motion by Councilmember Cook, seconded by Councilmember Roush, to revoke staff's decision and require the extensions be taken down as they exceed the height limit. Councilmember Roush reiterated that this would not change how fencing is measured going forward as these are a different type of extensions. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: Councilmember Menikheim Case No. 2011 -24. This is the date and time for a public hearing to consider a request from the City of Stillwater amending the he City's Demolition Ordinance Chapter 34 of the Stillwater City Code. Notices were published in the Stillwater Gazette on May 4 2012 (First Reading Ordinance Page 6 of 11 City Council Meeting May 15, 2012 City Planner Pogge reported that the current ordinance has been in place since 1995 and has remained essentially unchanged during that time. He remarked that the Heritage Preservation Commission began discussing the need for revisions about two years ago. He reviewed some aspects of the existing ordinance that have caused issues and changes made in the proposed ordinance. Mayor Harycki noted there doesn't appear to be a lot of teeth to the ordinance if someone proceeds with an unauthorized demolition. Mr. Pogge has spoken with Mr. Magnuson about that and Mr. Magnuson indicated that the current penalty is the maximum allowed by state statute. Mr. Pogge pointed out that in public discussions about the proposal, some felt a misdemeanor was too strong as it could cause contractors or real estate agents to lose their license. Mr. Magnuson responded that the City Council could direct him to seek an injunction or temporary restraining order in specific instances. Councilmember Menikheim informed that there had been some initial concerns expressed about the proposed revisions by folks outside of the HPC and congratulated staff on how those concerns were addressed. Councilmember Polehna spoke to property owner rights and whether this infringes on those rights; Mr. Pogge explained there is a process to follow and the proposal tries to balance individual property rights and the community's rights. A revised ordinance won't stop progress or prevent some buildings from being lost, but it is hoped it will give people pause as they consider changes to their property as an alternative to demolition. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt the first reading of the new ordinance. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None This is the date and time to consider an appeal from Terry O'Brien of an Order of Abatement for the property located at 1220 4th Avenue South. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 4 2012. It was noted this appeal has been withdrawn. Mayor Harycki opened and closed the public hearing. UNFINISHED BUSINESS Discussion on Fire Station/Armory — 35% design As a result of the Council's retreat session, Community Development Director Turnblad had prepared a resolution approving an expenditure of funds for 35% of the design of the fire station and road servicing it. Councilmember Cook noted that in the retreat discussion, it was indicated that commitment to the design funding is commitment to the fire station project. Councilmember Roush pointed out that while not contractually obligated to complete the project, the City would lose a significant amount financially if it did not proceed after the 35% design phase. Councilmember Cook stressed that the discussion/decision on the fire substation was tied to her decision on this vote; she referred to the input received at the open house for the new fire station which indicated a concern about not having a downtown presence /location and spoke of the need for protection of the historic downtown area and the historic homes located in the area. In discussion, it was noted these were separate issues on the agenda because it was felt it was more appropriate to make a decision on a substation after a vote on proceeding with the design for the new station. Page 7 of 11 City Council Meeting May 15, 2012 Councilmember Roush asked for an opinion from City Attorney Magnuson on the appropriateness of his voting given that he is a volunteer member of the Fire Department. Mr. Magnuson stated that Councilmember Roush's vote would be legal and appropriate, noting that conflicts prohibited by City Charter are direct financial interest in a contract, permit, zoning decision, etc. A decision such as this is a policy decision and Mr. Rough's vote is one of five, so there is no direct conflict for him to vote. Motion by Mayor Harycki, seconded by Councilmember Roush, to adopt Resolution 2012 -085, Approving design services for new fire station. Councilmember Menikheim asked if there was a commitment to discuss the substation after this vote, and Mayor Harycki responded in the affirmative, noting that discussion was next on the agenda. Councilmember Cook added she would likely vote no as she needed the assurance there would be a downtown component. After additional discussion, Mayor Harycki stated there would be a vote on the substation issue after this vote. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Discussion on City Hall Campus /Substation Mayor Harycki stated that in discussions during the retreat session, Fire Chief Glaser identified a plan for keeping a fire truck in the downtown area, with some costs associated with doing that, and he would be willing to support looking at the costs. Chief Glaser explained there would be some costs involved in upgrading the building, but at this point did not know what those costs would be. Motion by Councilmember Roush, seconded by Councilmember Polehna, to direct staff to explore the options /costs of a fire substation at the previously discussed facility, the old public works building. Councilmember Cook asked for some type of commitment that this is something the Council supports. Mayor Harycki responded that, for him, it comes down to cost, saying he likely would not support spending $500,000 on upgrades to an old building, but would support spending $50,000 or $60,000 for some improvements. In discussion, it was pointed out that there was consensus in support of the concept of a substation, keeping one truck in the downtown area. All in favor. On a question by Councilmember Roush, Mr. Turnblad provided a timetable for the 35% design for the new fire station. The process was to begin the week after the Council meeting, and it is expected the Guard will make application for the special permits and other required City approvals beginning in September, after which the Council will have to make a decision on whether to proceed to 100% design. It is anticipated the 100% design likely won't be completed until June of 2013. Bids for Construction Manager Page 8 of 11 City Council Meeting May 15, 2012 Fire Chief Glaser asserted that because of the magnitude of the fire station project, he thought it in the best interests of the City to have a third -party overseeing the project and looking out for the City's interests. He has looked at three different construction management agencies and Kraus Anderson came in with a pretty fair and good proposal; the fee would be a 2% construction cost if the City proceeds to the 100 %. Kraus Anderson would be willing to start immediately. Councilmember Cook asked if one of the responsibilities of the construction management agency would be to oversee costs and look at ways to cut costs; Chief Glaser responded in the affirmative, noting they will do cost estimating as part of the process, as well as bid oversight, etc. and he has received very positive comments from other entities that have used the firm. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -086, Approving construction management services for new fire station. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki pointed out there had been no discussion of the Police Department aspect of this. Mr. Turnblad conveyed that he had discussions with Chief Gannaway and Mr. Hansen. The next step will be to meet with Police Department staff to begin to talk about ideas for reuse of the City Hall campus space that will be vacated should the Fire Department move to the new location. Following discussions with staff, they would prepare a Request For Proposals (RFP) to conduct a study to analyze reuse of the space and develop conceptual plans and cost estimates. NEW BUSINESS Possible approval of Dermco - LaVine bid for tennis court resurfacing Public Works Director Sanders presented the plan is to resurface tennis courts and basketball courts at Lily Lake, Staples Field, Benson Park, Northland Park and Ramsey Grove Park. The project involves 12 courts — 9 tennis and 3 basketball. Two quotes were received, with the low bid being Dermco - LaVine at a cost of $40,605; he noted $45,000 had been budgeted for the work. City Administrator Hansen recommended approval of this item and the next item on the agenda. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2012 -087, Approving Dermco- Lavine bid for tennis court resurfacing. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Signature Lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink Public Works Director Sanders explained the conduit that extends from the ground to pole is PVC piping and is beginning to degrade and fail and the intent is to replace the conduit with metal tubing. He reported $20,000 had been budgeted for the work. The quote from Signature Lighting was for $8,600 for Lily Lake. Staff would like to include Northland since Page 9 of 11 City Council Meeting May 15, 2012 the bids came in much lower than anticipated and the request is to negotiate a price with Signature Lighting to include Northland Park at the same time. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2012 -088, Approving signature lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna provided an update on Yellow Ribbon activities, including plans for the annual fall pheasant hunt. Councilmember Menikheim asked about the status of the work on the gazebo. Mr. Sanders replied that the river level had prevented that work from being completed, and if work can't be completed in time for a scheduled wedding, they will look at an alternative location, possibly Pioneer Park. Councilmember Roush noted he had observed many bicyclists disobeying traffic signs; he would like the Traffic Committee to review future signage aimed at bicyclists, reminding them to obey traffic laws. Mayor Harycki suggested talking with local bike shops to pass on reminders to customers. Mr. Hansen will discuss the issue with Chief Gannaway. Councilmember Cook asked if Mr. Turnblad had received the letter from the American Legion about a nearby problem property. Mr. Turnblad responded in the affirmative and indicated staff would follow up with the property owner. Councilmember Cook offered to let the Legion know what action the City is taking. Councilmember Polehna expressed that he and Councilmember Menikheim had met with some folks about the possible gymnasium expansion at the armory. He noted that when the Recreation Center project was done, there was a St. Croix Valley Sports Facilities Commission, a group put together by the Council, to solicit funds. Councilmember Polehna and Councilmember Menikheim would like to put together a group, with the support of the Council, to look at ways to fund the gymnasium expansion. Council was in consensus to support that effort. On a question by Councilmember Menikheim, Mr. Turnblad answered a decision must be made by the time the 35% armory design is completed, late summer. There was discussion as to whether the site will accommodate the desired size gymnasium space. Councilmember Cook expressed concern about folks who don't follow through on promises of funding for a project. • 1 � iT7�1 � 1 �►� Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 9:40 p.m. All in favor. Ken Harycki, Mayor Page 10 of 11 City Council Meeting ATTEST: Diane F. Ward, City Clerk May 15, 2012 Resolution 2012 -077, Directing the Payment of Bills Resolution 2012 -078, Approving the 2012 -2013 Grant Agreement for Municipal Recycling Grant Distribution with Washington County Resolution 2012 -079, Approving name change from Stillwater Brewery to Staples Mill Brewing Company Resolution 2012 -080, Approving the transfer of a Wine and Strong Beer liquor license to Cooks of Crocus Hill LLC; DBA: Cooks of Crocus Hill Resolution 2012 -081, Approving Curb Masters bid to install Mulberry Point curb and gutter Resolution 2012 -082, Approving Herzog Engineering bid to design the foundation plan for the Lowell Park Bathroom renovation and obtain quotes for soil borings. Resolution 2012 -083, Approving Washington County Property Records Technology and Information Subscription Agreement Resolution 2012 -084, Approving deed for McDonalds Resolution 2012 -085, Approving design services for new fire station Resolution 2012 -086, Approving construction management services for new fire station Resolution 2012 -087, Approving Dermco- Lavine bid for tennis court resurfacing Resolution 2012 -088, Approving signature lighting bid for Lily Lake ball field lighting improvements and negotiate to improve lighting for Northland Park tennis courts and hockey rink Page 11 of 11 RESOLUTION 2011 -089 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 $406,868.09 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected. upon request. Adopted by the Council this 5th day of June, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -089 3D Specialties, Inc. Ped xing signs 1,356.82 41mprint Fire Education materials 252.14 A to Z Laserserve Repair Laser Printer & Supplies 714.00 Ackerson, Steve Refund of variance fee 200.00 Action Rental, Inc. Repair Supplies 582.48 Alex Air Apparatus, Inc. Couplers & Moc Cutter Handles 2,182.97 Ammonia House, Inc. The Equipment Repair Supplies 99.83 Aramark Uniform Services, Inc Mats, Uniforms, Towels 1,203.85 Arrigoni, Jill Park fee refund 205.00 Aspen Mills Uniforms 234.06 AT &T Phone 101.37 Axdahls Garden Farm & Greenhouse Flowers 2,004.91 Bald Eagle Sportsmens Assoc. Range training 295.00 BCA /GTE Training 285.00 Bell, Timothy Reimburse for boat supplies 66.35 Benchmark Learning TechFuse Conference 549.00 Board of Water Commissioner Materials used at Lowell Park & Washington 4,160.81 Boyer Ford Trucks Equipment Repair Supplies 39.12 Brock White Co. LLC Asphalt 394.37 Carquest Auto Parts Equipment Repair Supplies 815.53 Caswell, Dana Park fee refund 100.00 CATCO Parts and Service Equipment Repair Supplies 7.47 CDW Government, Inc. Network upgrade project Supplies 878.43 Century College Education Fire Apparatus Operator 1,780.00 Chris Amdahl Locksmith, Inc. Service Call 100.00 Cities Digital Solutions Laserfiche Annual Support 8,802.39 Clark, Dan Cleaning City Hall & Public Works 2,210.00 Comcast Internet & Cable 487.50 County Materials Corporation Catch basin riser 253.20 Curb Masters, Inc. Storm Sewer Repairs 451.20 Defensive Edge Training Education 375.00 Delta Dental Cobra Insurance June 243.30 Fastenal Company Supplies 252.48 Ferguson Enterprises, Inc. #1657 Lily Lake supplies 144.57 First -Shred Shredding 660.00 Foremost Promotions Fire Education materials 395.30 Frontier Ag & Turf Equipment Repair Supplies 638.21 Grafix Shoppe Graphics for New Squads 1,150.00 Grainger Equipment Repair Supplies 702.48 Graybar Electirc Company Electric work for Lily Lake 476.07 Hardwood Creek Lumber Inc. Supplies 254.79 Heritage Printing, Inc. Printing & Stuffing Envelopes for election 1,781.34 Holiday Credit Office Fuel 173.75 Holman Rose M. Reimburse for Expenses 229.58 EXHIBIT "A" TO RESOLUTION #2012 -089 Holmes, Jim J.H. Larson Electric Jefferson Fire & Safety, Inc. Johnson, Ronald Jolly, Mary Kirvida Fire, Inc. Lake Country Door, LLC Lakeview Hospital Linner Electric Co. Loffler Companies, Inc. Mac Queen Equipment Inc. Magnuson David Manos, Nancy Marshall Electric Company Menards Metro Fire Minnesota Department of Health MN City /County Mgmt Assoc. MN Dept. of Transportation MN Post Board My Alarm Center Natural Resource Group LLC Nelson, Amanda Nelson Marine Motor Service, Inc. Office Depot Olsen Chain & Cable, Inc. O'Reilly Auto Parts Oswald Hose & Adapters Papco, Inc. Peterson, Craig Pioneer Manufacturing Co. Plan, Dave Pump Meter Service, Inc. Ready Watt Electric Riedell Shoes, Inc. Rink Systems Inc. Ruffridge Johnson Equip. Co. Sanders, Wacker, Bergly Inc. Sentry Systems, Inc. Sherwin Williams Sprint St. Croix Boat Packet Co. St. Croix Tree Service Inc. Standard Spring Parts Stillwater Farm Store Page 2 Parking refund Supplies Uniforms Parts and labor Parking refund Vehicle Repair Charges Repair garage door Blood draw Parking meter repair Firewall & Labor Equipment Repair Supplies Professional Service Reimburse expenses Equipment Repair Supplies SCBA flow test Hospitality Fee Membership Sign Maintenance & Material Testing Renewal Memberships Monitoring 6/1/2012 - 8/31/2012 State 3 flood control Consulting Engineer Park Fee Refund Vehicle Repair Charges Office Supplies Manhole sleeve lifter Equipment Repair Supplies Equipment Repair Supplies Equipment Repair Supplies Reimburse expenses Supplies Supplies Hose swivels nozzles Repair Siren Skates for Resale Compressor Equipment Repair Supplies TIF landscape arch services Monitoring services Supplies Cell Phone Ramp cleaning for April Removed trees and chipped stumps Equipment Repair Supplies Corner Stone 3.00 34.67 240.82 61.03 3.00 457.00 546.61 50.00 140.00 6,594.54 157.23 5,376.83 18.30 1,185.07 1,742.34 1,970.00 35.00 132.58 847.99 810.00 84.49 1,045.00 100.00 184.59 39.34 459.92 75.11 76.90 1,320.15 60.18 498.00 31.78 184.47 955.00 3,634.53 454.22 308.15 6,414.96 147.00 1,598.39 88.11 750.00 582.47 75.67 53.31 EXHIBIT "A" TO RESOLUTION #2012 -089 Stillwater Medical Group Drug Screening Stillwater Motor Company Vehicle Repair Charges Stillwater Towing Towing service Streicher's Ammo Summit Fire Protection Annual fire sprinkler inspection Sun Newspapers Publications T.A. Schifsky & Sons, Inc. Asphalt Terra General Contractors LLC Pedestrian Walkway restroom Tessman Seed Co. - St. Paul Chemicals The Youth Safety Company Fire Education Materials Thomson Reuters Investigator Subscription Toll Gas & Welding Supply Maintenance Agreement Trans Union LLC Information service Tri -State Pump & Controls, Inc. Lift Station Repair Uniforms Unlimited, Inc Uniforms United Refrigeration, Inc. Equipment Repair Supplies United Rentals Northwest Inc. Power Buggies UPS Shipping USAble Life Term Life Insurance Verizon Wireless Cell Phones & Internet Vermeer Sales and Service Equipment Repair Supplies Viking Industrial Center Safety Equipment Wal Mart Community Supplies Washington County Property Records Recording Fees Wingfoot Commercial Tire Replace tires on #12 plow truck Wulfing, David Reimbursed for K9 Boarding Yocum Oil Company Fuel Zamboni Zamboni Zep Sales & Service Supplies Ziegler, Inc. Equipment Repair Supplies LIBRARY Amano McGann Bldg repairs Aramark Rug & towel service Baker & Taylor Library materials BWI Library materials Brodart Library materials Clog Un- boggler Bldg repairs Comcast Telecommunications Demco Supplies Ebsco Periodicals Linner Electric Bldg repairs Menards Janitorial supplies Midwest Tape Audiovisual materials Page 3 468.00 235.73 320.63 417.34 345.00 226.40 3,156.24 31,551.40 589.25 547.10 93.39 221.43. 5.00 675.04 182.32 762.57 1,107.59 10.23 422.40 1,838.54 344.17 238.80 13.94 48.00 1,233.96 50.00 7,822.89 90,165.48 104.19 186.49 348.50 55.23 153.04 2,069.85 2,286.61 225.00 56.90 136.49 27.46 626.00 12.03 1,761.42 EXHIBIT "A" TO RESOLUTION #2012 -089 Page 4 Paper Roll Products Supplies 182.17 Quill Supplies 366.38 Ristow, Lisa Reimburse for Expenses 9.93 Toshiba Maintenance contract 67.78 WaterWorks Irrigation System 150.00 Xcel Energy Utilities 3,217.21 LIBRARY CC All Partitions Hardware 41.40 Amazon.com Miscellaneous 88.85 Diamond Life Products Hardware 18.52 DRI *DR *www.Radmin.com License 49.00 PayPal - EquitorCreate DVD 16.98 ADDENDUM Board of Water Commissioner May WAC Charges 5,148.00 Century Link Telecommunications 664.53 Meisinger Construction Company Pedestrian walkway site work 120,930.06 Metropolitan Council May 2012 Monthly SAC 9,365.40 United States Police Canine Association Membership 40.00 Xcel Energy Utilities 29,343.08 MAY MANUALS Hagstrom Builders Grading escrow refund 1,500.00 Postmaster Postage for election mailing 1,395.44 Xcel Energy Utilities 5,213.89 Total 406,868.09 Adopted by the City Council this 5th Day of June, 2012 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -089 3D Specialties, Inc. Ped xing signs 1,356.82 41mprint Fire Education materials 252.14 A to Z Laserserve Repair Laser Printer & Supplies 714.00 Ackerson, Steve Refund of variance fee 200.00 Action Rental, Inc. Repair Supplies 582.48 Alex Air Apparatus, Inc. Couplers & Moc Cutter Handles 2,182.97 Ammonia House, Inc. The Equipment Repair Supplies 99.83 Aramark Uniform Services, Inc Mats, Uniforms, Towels 1,203.85 Arrigoni, Jill Park fee refund 205.00 Aspen Mills Uniforms 234.06 AT &T Phone 101.37 Axdahls Garden Farm & Greenhouse Flowers 2,004.91 Bald Eagle Sportsmens Assoc. Range training 295.00 BCA /CJTE Training 285.00 Bell, Timothy Reimburse for boat supplies 66.35 Benchmark Learning TechFuse Conference 549.00 Board of Water Commissioner Materials used at Lowell Park & Washington 4,160.81 Boyer Ford Trucks Equipment Repair Supplies 39.12 Brock White Co. LLC Asphalt 394.37 Carquest Auto Parts Equipment Repair Supplies 815.53 Caswell, Dana Park fee refund 100.00 CATCO Parts and Service Equipment Repair Supplies 7.47 CDW Government, Inc. Network upgrade project Supplies 878.43 Century College Education Fire Apparatus Operator 1,780.00 Chris Amdahl Locksmith, Inc. Service Call 100.00 Cities Digital Solutions Laserfiche Annual Support 8,802.39 Clark, Dan Cleaning City Hall & Public Works 2,210.00 Comcast Internet & Cable 487.50 County Materials Corporation Catch basin riser 253.20 Curb Masters, Inc. Storm Sewer Repairs 451.20 Defensive Edge Training Education 375.00 Delta Dental Cobra Insurance June 243.30 Fastenal Company Supplies 507.27 Ferguson Enterprises, Inc. #1657 Lily Lake supplies 144.57 First -Shred Shredding 660.00 Foremost Promotions Fire Education materials 395.30 Frontier Ag & Turf Equipment Repair Supplies 638.21 Grafix Shoppe Graphics for New Squads 1,150.00 Grainger Equipment Repair Supplies 702.48 Graybar Electirc Company Electric work for Lily Lake 476.07 Hardwood Creek Lumber Inc. Supplies 254.79 Heritage Printing, Inc. Printing & Stuffing Envelopes for election 1,781.34 Holiday Credit Office Fuel 173.75 Holman Rose M. Reimburse for Expenses 229.58 EXHIBIT "A" TO RESOLUTION #2012 -089 Page 2 Holmes, Jim Parking refund 3.00 J.H. Larson Electric Supplies 34.67 Jefferson Fire & Safety, Inc. Uniforms 240.82 Johnson, Ronald Parts and labor 61.03 Jolly, Mary Parking refund 3.00 Kirvida Fire, Inc. Vehicle Repair Charges 457.00 Lake Country Door, LLC Repair garage door 546.61 Lakeview Hospital Blood draw 50.00 Le St- Germain Suite Hotel Lodging for training 181.06 Linner Electric Co. Parking meter repair 140.00 Loffler Companies, Inc. Firewall & Labor 6,594.54 Mac Queen Equipment Inc. Equipment Repair Supplies 157.23 Magnuson David Professional Service 5,376.83 Manos, Nancy Reimburse expenses 18.30 Marshall Electric Company Equipment Repair 1,185.07 Menards Supplies 1,742.34 Metro Fire SCBA flow test 1,970.00 Minnesota Department of Health Hospitality Fee 35.00 MN City /County Mgmt Assoc. Membership 132.58 MN Dept. of Transportation Sign Maintenance & Material Testing 847.99 MN Post Board Renewal Memberships 810.00 My Alarm Center Monitoring 6/1/2012 - 8/31/2012 84.49 Natural Resource Group LLC State 3 flood control Consulting Engineer 1,045.00 Nelson, Amanda Park Fee Refund 100.00 Nelson Marine Motor Service, Inc. Vehicle Repair Charges 184.59 Office Depot Office Supplies 39.34 Olsen Chain & Cable, Inc. Manhole sleeve lifter 459.92 O'Reilly Auto Parts Equipment Repair Supplies 75.11 Oswald Hose & Adapters Equipment Repair Supplies 76.90 Papco, Inc. Equipment Repair Supplies 1,320.15 Peterson, Craig Reimburse expenses 60.18 Pioneer Manufacturing Co. Supplies 498.00 Plan, Dave Supplies 31.78 Pump Meter Service, Inc. Hose swivels nozzles 184.47 Ready Watt Electric Repair Siren 955.00 Riedell Shoes, Inc. Skates for Resale 3,634.53 Rink Systems Inc. Compressor 454.22 Ruffridge Johnson Equip. Co. Equipment Repair Supplies 308.15 Sanders, Wacker, Bergly Inc. TIF landscape arch services 6,414.96 Sentry Systems, Inc. Monitoring services 147.00 Sherwin Williams Supplies 1,598.39 Sprint Cell Phone 44.06 St. Croix Boat Packet Co. Ramp cleaning for April 750.00 St. Croix Tree Service Inc. Removed trees and chipped stumps 582.47 Standard Spring Parts Equipment Repair Supplies 75.85 EXHIBIT "A" TO RESOLUTION #2012 -089 Bldg repairs Page 3 Stillwater Farm Store Corner Stone 53.31 Stillwater Medical Group Drug Screening 468.00 Stillwater Motor Company Vehicle Repair Charges 235.73 Stillwater Towing Towing service 320.63 Streicher's Ammo 417.34 Summit Fire Protection Annual fire sprinkler inspection 345.00 Sun Newspapers Publications 226.40 T.A. Schifsky & Sons, Inc. Asphalt 3,156.24 Terra General Contractors LLC Pedestrian Walkway restroom 31,551.40 Tessman Seed Co. - St. Paul Chemicals 589.25 The Youth Safety Company Fire Education Materials 547.10 Thomson Reuters Investigator Subscription 93.39 Toll Gas & Welding Supply Maintenance Agreement 221.43 Trans Union LLC Information service 5.00 Tri -State Pump & Controls, Inc. Lift Station Repair 675.04 Uniforms Unlimited, Inc Uniforms 182.32 United Refrigeration, Inc. Equipment Repair Supplies 762.57 United Rentals Northwest Inc. Power Buggies 1,107.59 UPS Shipping 10.23 USAble Life Term Life Insurance 422.40 Verizon Wireless Cell Phones & Internet 1,838.54 Vermeer Sales and Service Equipment Repair Supplies 344.17 Viking Industrial Center Safety Equipment 238.80 Wal Mart Community Supplies 13.94 Washington County Property Records Recording Fees 48.00 Wingfoot Commercial Tire Replace tires on #12 plow truck 1,233.96 Wulfing, David Reimbursed for K9 Boarding 50.00 Yocum Oil Company Fuel 7,822.89 Zamboni Zamboni 90,165.48 Zep Sales & Service Supplies 104.19 Ziegler, Inc. Equipment Repair Supplies 186.49 LIBRARY Amano McGann Bldg repairs 348.50 Aramark Rug & towel service 55.23 Baker & Taylor Library materials 153.04 BWI Library materials 2,069.85 Brodart Library materials 2,286.61 Clog Un- boggler Bldg repairs 225.00 Comcast Telecommunications 56.90 Demco Supplies 136.49 Ebsco Periodicals 27.46 Linner Electric Bldg repairs 626.00 Menards Janitorial supplies 12.03 EXHIBIT "A" TO RESOLUTION #2012 -089 Midwest Tape Paper Roll Products Quill Ristow, Lisa Toshiba WaterWorks Xcel Energy LIBRARY CC All Partitions Amazon.com Diamond Life Products DRI *DR *www.Radmin.com PayPal - EquitorCreate Page 4 Audiovisual materials 1,761.42 Supplies 182.17 Supplies 366.38 Reimburse for Expenses 9.93 Maintenance contract 67.78 Irrigation System 150.00 Utilities 3,217.21 Hardware 41.40 Miscellaneous 88.85 Hardware 18.52 License 49.00 DVD 16.98 MEMORANDUM TO: Mayor and City Council FROM: Michel Pogge, City Planner DATE: May 31, 2012 RE: Mainstreet Pedestrian Walkway Project Site Work Change Order #1 DISCUSSION Site work is well underway for the Mainstreet Pedestrian Walkway Project. Due to bad soil conditions, a storm water pipe that was encountered, and other various issues; a number changes have been made to the project. Some changes have resulted in deductions while others resulted in additions. The following is a summary of those changes: PR #1 - Change to the Main Street Intersection Rejected PR #2 - Extending the retaining wall to remain on City Property $5,749.00 PR #3 - Staking for City Installed light poles $469.00 PR #4 - Reduction in crosswalk thickness ($742.00) PR #5 - Eliminate 2 piers at US Corps of Engineers request ($3,242.00) PR #6 - Replace additional curb $1,100.00 PR #7 - Upgrade benches $1,970.00 PR #8. - Eliminate 2 piers due to Storm Sewer conflict and add two seating stones ($1,125.00) PR #9 - Remove sign posts $7,800.00 TOTAL for PR #1 through PR #9 $11,979.00 RECOMMENDATION The City Council approved Change Order #1 in the amount of $11,979.00 ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2012- APPROVAL OF CHANGE ORDER #1 MAIN STREET PEDESTRIAN WALKWAY SITE WORK. 0�� APPROVAL OF CHANGE ORDER #1 MAIN STREET PEDESTRIAN WALKWAY SITE WORK BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #1 in the amount of $5,839.00 for the Main Street Pedestrian Walkway Site Work Project is hereby approved: Change order #1: PR # Item Amount 1 - Change to the Main Street Intersection Rejected 2 - Extending the retaining wall to remain on City Property $5,749.00 3 - Staking for City Installed light poles $469.00 4 - Reduction in crosswalk thickness ($742.00) 5 - Eliminate 2 piers at US Corps of Engineers request ($3,242.00) 6 - Replace additional curb $1,100.00 7 - Upgrade benches $1,970.00 8 - Eliminate 2 piers due to Storm Sewer conflict and add two seating stones ($1,125.00) 9 - Remove sign posts $7,800.00 TOTAL change for PR #1 through PR #9 $11,979.00 This change order increases the contract amount from $561,200 to $573,179. Adopted by Council this 51h day of June 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Michel Pogge, City Planner DATE: May 31, 2012 RE: Mainstreet Pedestrian Walkway Project Public Restroom Change Orders #4 DISCUSSION The interior of the restroom called for the use of "Spectra - Glaze" blocks. The finish of the block is similar to a porcelain tile. The color was to be selected after the project was big but prior to construction of the buildings by the Architect without any involvement of the City. The Architect approved an off -white color with a black band. In looking at an early mockup of the wall in March, City Staff had serious concerns with the color selections. At that point, the City had a few options. 1. We could have kept the color as originally selected by the Architect. 2. We could have rejected the color of the block. This would have required reordering the block and delayed the project by 8 to 12 weeks. 3. The black blocks could be flipped backwards leaving an area where tile could be used. This option allowed the project to proceed on time but resulted in additional costs. To keep the project moving, City Staff chose to have the block flipped leaving a band for tile. The Architect agreed to share in the additional costs and agreed to purchase the tile. The City is reasonable for the cost of installing the tile. Several bids were sought to install the tile; however, only one bid was received. Several potential bidders specifically declined to bid on the project. The one bid that the City received was in the amount of $5,029.00 RECOMMENDATION The City Council approved Change Order #3 in the amount of $5,029 ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2012- APPROVAL OF CHANGE ORDER #4 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM. Is M N r APPROVAL OF CHANGE ORDER #4 MAIN STREET PEDESTRIAN WALKWAY PUBLIC RESTROOM BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #4 in the amount of $5,029.00 for the Main Street Pedestrian Walkway Public Restroom Project is hereby approved: Change order #4 Labor to install the in the restrooms $5,029.00 Thus increasing contract amount from $303,624 to $308,653. Adopted by Council this 5th day of June 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council /' ?�5 From; Shawn Sanders, Director of Public Works Date: June 1, 2D12 Subject: North Lowell Park Power Pole Relocation DISCUSSION: As part of the improvements in the North Lowell Park area, four of the main line power poles will need to be relocated in the area of the amphitheatre and the parking lots north and south of Mulberry. Xcel Energy would perform the work and has figured the cost to be $20,372.66 which includes relocating the four power poles, removing poles, and moving street lights. Additional work will be required by the city to reconnect service to the existing electrical boxes. The new services would be installed from the new relocated power poles under the parking lots to the existing boxes. This cost is estimated at $7,500.00. All this work would be funded through the Lowell Park Improvement Fund. RECOMMENDATION Staff recommends that council approve the amount of $20,372.66 for Xcel Energy to relocate the power poles in North Lowell Park and associated work and approve the release of an additional $7500 to reconnect the existing service boxes. Xcel Energy does require payment before the work can be started and the attached Statement Work be signed. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion approving Xcel Energy to relocate the power poles in North Lowell Park for $20,372.66 and approve the release of an additional $7500 to reconnect the existing service boxes. "M 141 AL 19 (DcoNsTR=mmctrr COMM OF CURB CUT TO EE If FROM K.49 OF CURB 2� , . I@ (��) — -T - CONCREME --- - - - - - CUPS A GUTTER THICI(t D 4.*ORCE 3 rym 2 6 4 EXCAVATION A 9IMMANDINIENT GRAM AT ---- • l I I lk CUMIMI SKALL ME OONSTRUCTED WITH COMMMONOORROW. ONLY USE LEM t 2 PAPERVXM FILL AS SHOWN. C ENTRANCE WITH VALLEY OUrr6R Me NO LEM IMPERVIOUNI FILL REQUIRMDIME O COMMERCIAL STREET 2 a RIVERWARD 31DE OF PARKM LOT D RE SHOWN IN PLAN VIEW SHEETC0101 a (Typ) WLMI 1, 1.11MITS OF mmaumpooff SEE SHOT COMH cxjG+jn8 pole, Inovc. ri ol-1 MiStiT pole. (6) H V0W QI-CL (!Q6i) 20 ft VL33 e:)(jg"re pelt L-7) Move Irjvcrvi%,& (PmSf) 2D;t rxfsvlhs Fait, (13� = polo will be vf-nlovccL . -DvY&f~cv� V'rloca+ecL 1'nisis-to orcorrxrodah, UhWC �nl S+-cc+ e-c+ - PO4eca) >= Move-+0 C,.-,+ .4 fbt-coot-4ih0+C-S OF hCW POU-)Cr pole. jocorH Otis CONTRACTOR STAGING ARiA se& Qftc4icoL 'rfb- 7—� LEM OF WORK C_!L, o 1,..,,-3 UIA-,-- REFERENCES: SHEET NO: PLAN VIEW COMMUMM INIAVIING INDEX ------------------ LEGEND & OENERAI. NOTES ----------------- jTjjiT 0.04 • GRAO" PLAN ---- 00101 D MOE PLAN - UTILITY ... .......... .•_____.....___...... SCALE IN FEET PLAN. EROSION CONTROL T L-103 "=C- aim IDENTIFICATION 0-103 Xcel Energy RESPONSIBLE BY NATURE*" Customer Address: City of Stillwater 216 Fourth St North Stillwater, MN 55082 Service Address: Stillwater Levee Pole Relocation Dear Customer: ^ . Enclosed are three copies of the Statement of Work form. 1700 East County Road E White Bear Lake, Minnesota 55110 -4658 • Customer sign and date this agreement. • Return the original and 1 copy using the enclosed envelope. • Enclose your payment if applicable. • Customer retains 1 copy for your records. Please call Builders Call Line to apply for service at 1- 800 - 628 -2121 If you have questions, please call me at 651- 779 -3169 Sincerely, Zachery I fughes Zachery Hughes Electrical Designer, Xcel Energy White Bear Lake Service Center jo Xcel Energy® OVERHEAD SERVICE FORM In consideration of Northern States Power Company, a Minnesota corporation ( "Xcel Energy "), extending its facilities to make 120/240 volt, 1 phase, 3 wire overhead service available to (Customer) City of Stillwater at (Service Address) Stillwater Levee (City) Stillwater, mn 55082 the sum of Twenty Thousand Three Hundred Seven Two66 /10C Dollars ($ 20,372.66 ) will be paid to Xcel Energy by (if other than above) City of Stillwater Address (if other than above) 216 4th st City Stillwater, mn 55082 In accordance with the following terms: Credit Approval: Receipt of the above amount hereby acknowledged on behalf of Xcel Energy by The undersigned Customer understands that such payment will give Customer no ownership interest in said facilities and said facilities shall at all times remain the sole property of Xcel Energy. Customer's and Xcel Energy's rights and obligations with respect to the facilities and the services provided through the facilities are subject to additional terms and conditions as provided in the General Rules and Regulations and /or in the Rate Schedules of Xcel Energy's Electric Rate Book for Customer's specific service, as they now exist or may hereafter be changed, on file with the state regulatory commission in the state where service is provided. The undersigned Customer agrees to pay the cost of relocating any portion of said overhead facilities from the Company's designated location needs. Dated this day of _ Customer: Print Full Name Signature Xcel Energy Rep: Print Full Name Signature City of Stillwater ******************** kk* k*#* k**************#*********** iR*►**#* k* k# Rkk#**** Rk# k##* k* kk# k**+ F* K** fr* **1rN * * *+MF * * #** *1r * **#k*** *4 ►* $ Specific service location or route $ 20,372.66 Relocation of overhead lines Excess distribution construction $ Excess service extension $ Three phase service requested where single phase is adequate Specific service voltage requested $ Temp. service KVA $ Other, explain Phase Less than one year More than one year Transformers required ** k#*#** k**** k* k*******### k*** k********** k****** kkkk**## kkkkkk# k►# kkkki+ k+ F*# k#*# k**# k*##*#+ kk# fe** * * *#Y *�k * # * ***#* # * * **/r** *** *kN Xcel Energy Representative Zachery Hughes Xcel Energy Work Order Construction $ 20,372.66 Removal $ Total $ 20,372.66 ware THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: June 1, 2012 COUNCIL DATE: June 5, 2012 RE: Larson Variance The Planning Commission recommended approval of this impervious surface variance request. One condition of their recommendation was that a mitigation plan to manage the water from the excess impervious surface would have to be approved by the City Engineer and the Minnesota Department of Natural Resources prior to City Council consideration of the request. That mitigation plan has not yet been submitted for review. Therefore, staff requests that the Council open this hearing and continue it until the mitigation plan has been found satisfactory by the City Engineer and the DNR. DATE: REQUEST: APPLICANT: LAND OWNER: LOCATION: 4 1, d City Council June 1, 2012 CASE NO.: 2012 -17 A conditional use permit to allow for the construction of a 2 -story mixed -use (retail/ restaurant/ office) building Mike Hoefler /HAF RED Watermain Crossing 229 Main St S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District HEARING DATE: PREPARED BY REVIEWERS: SPECIFIC REQUEST June 5, 2012 Michel Pogge, City PlanneAoS9 Community Development Director Watermain Crossing is proposing to develop a two -story office building located at 229 Main St S. To allow the building they need a flood fringe conditional use permit. On May 14, 2012 the City Planning Commission granted a parking variance for the project and recommend that the City Council approve the flood fringe conditional use permit. BACKGROUND The property at 229 Main St S is located northeast of the intersection of Main St and Olive St. The site sits between Main St and Water St. The northern portion of the larger parcel contains two buildings that will remain. The proposed building will be located on the southern 27 feet of the parcel, which today acts as a walkway between Main St and Water St. The walkway is private property and is not owned by the City. The project calls for the construction a two story building that will contain 1,920 square feet of restaurant or retail space on the first floor and 1,920 square feet of office space on the second floor. The building facade along Main Street will be similar to the former Peaslee building, which was destroyed by fire. The HPC approved design review for the proposed structure on April 2, 2012. 229 Main St S — Peaslee Building Page 2 EVALUATION OF REQUESTS The subject property is identified to be in the flood fringe of the St Croix River as shown on the FEMA flood insurance rate maps. The current ground elevation of the subject site varies and is approximately 690.8 feet across the site. The 1% annual flood elevation (100 -year flood) is 692.5 feet in this location. In order to be a permitted use, the site is required to be filled to 693.5 (one foot above the 1% annual flood elevation) with this grade extending at least 15 feet beyond the outside limits of the structure. First, since the site is only 27 feet wide and second, since the proposed building will span between two existing building (both the north and south) it is physically impossible for the applicant to have fill that extends at least 1.5 feet beyond the outside limits of the structure. As an alternative the applicant can follow the criteria for a flood fringe conditional use. Floor fringe condition uses are required to follow a number of design and certification requirements to ensure that the structure is safe to occupy, will not be unduly damaged during a flood event, and the building itself will not become a hazard during a flood event. In order to qualify for a conditional use there are a number of conditions that must be met. The two most notable are: 1. The building's first occupied floor; including basements but excluding crawlspaces, must be at or above the regulatory flood protection elevation (which is the 100 -year flood elevation plus one foot). In this case, the regulatory flood protection elevation is 693.5 feet. The applicant is proposing the first floor to be at an elevation of 693.5 feet. This requirement has been met. 2. All new principal structures must "have vehicular access at or above an elevation not more than halo feet below the regulatory flood protection elevation ". In this case, two feet below the regulatory flood protection elevation is 691.5 feet. The adjacent road elevation on Main Street is 692.2 feet which meets this requirement. City staff, including the building official, met with the applicant on April 19, 2012 and is satisfied with the plans at this stage of the process. When the applicant submits for a building permit, the applicant will need to submit evidence that the building has been designed to meet state building code design requirements for flood proofing. ALTERNATIVES The City Council has the following options: A. Approve the flood fringe conditional use permit. B. Deny the flood fringe conditional use permit. C. Table the request for additional information. 229 Main St S — Peaslee Building Page 3 PLANNING COMMISSION ACTION The Planning Commission reviewed the requests at their May 14, 2012 meeting. At that meeting the Commission granted a parking variance for the project and recommend that the City Council approve the flood fringe conditional use permit. STAFF RECOMMENDATION Approve the flood fringe conditional use as conditioned. CONDITIONS FOR APPROVAL If the City Council chooses to approve the project, staff would recommend the following conditions of approval: 1. Approval from the Minnesota Department of Natural Resources. 2. No storage shall be permitted below the regulatory flood protection elevation. 3. The occupants of the building shall follow the flood emergency response procedures during flood conditions. 4. The applicant shall follow all requirement of the State Building Code for flood proofing for conditional uses in the flood fringe. attachments: Location Map FEMA FIRM Map Application materials N QA A R C H I T E C T U R E D E V E L O P M E N T C O N S T R U C T 1 0 N April 20, 2012 Mr. Mike Pogge City of Stillwater 516 Fourth Street Stillwater, MN 55028 RE: Peaslee Building 229 Main Street Stillwater, MN 55082 Dear Mike: HAF Group would like to request a variance to the parking and flood plain at 229 Main Street. Parking Variance: The building consists of 1,500 sq of usable interior space on each of the first and second floors. HAF Construction will fully occupy the second floor with 4 employees. Lower level is still undetermined. Floor Plain Variance: The footings for the building will consist of grade beams spanning over geo piers which are designed to resist horizontal pressure. The building floor elevation is at 693.5'. The sidewalk elevation at the west end of the site is 692.2 and the sidewalk elevation at the east end of the lot is 690.89. There is vehicle access to the building on Main Street and Water Street. We will comply with the period of use or occupancy of the structure for times of flooding and only after determination that adequate flood warning time and local flood emergency response procedures exist. Mike, please let me know if you require any additional information. Sincerely, Jennifer Cornwell 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651- 351 -1760 FAX: 651- 430 -0180 W W W.HAFARCHITECTS.COM PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Fee Paid: Receipt No.: Zoning Amendment* Planning Unit Development Certificate of Compliance Lot Line Adjustment a *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material are required. If application requires City Council review then a total of twenty -eight (28) copies are required to be submitted. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project s C,1 r1 .� n �� � S%�3c3 tC% (ice �:� ��" J Assessor's Parcel No. Complete Property Legal Description* `:? i I LL l ( *Required - Applications will be rejected without a the county are not acceptable. Zoning District_�RD Description of Project description) 'fax descriptions and property descriptions from "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify 1 will comply with the permit if it is granted and used. " Required Property Owner w �, r cr a Mailing Address , City - State - Zip Telephone No. Email Signature (Signat a is rei SAPLANNING \FORMS \PLANAPP.DOCX January 10, 2012 If other than property oXvner Representative �'\ P_ �j 8e, 11A Mailing Address City - State - Zip NQ Telephone No. - ej� - , Q Email Signature C_, attire is required) MEMO TO: Department of Natural Resources City of Stillwater, MN DATE: June 1, 2012 RE: Peaslee Building 229 South Main Street Stillwater, MN 55082 The proposed building at 229 South Main Street, Stillwater, MN will meet the requirements of the DNR and City Flood Proofing requirements. The building will feature flood vents on both East and West sides of the building to allow water to flow in case of flooding. The lowest floor elevation will be 693.5 feet which is one foot above the 1% annual chance flood (100 -year flood) elevation. I Michael G. Hoefler, MN License No. 24210 NCARB, AIA, CID 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651 - 430 -01 80 W W W.HAFARCHITECTS.COM A F C H I T ,_ C T J F[ r, e v .. i. o F I= N T C O N S T R iJ C L O N MEMO TO: Department of Natural Resources City of Stillwater, MN DATE: June 1, 2012 RE: Peaslee Building 229 South Main Street Stillwater, MN 55082 The proposed building at 229 South Main Street, Stillwater, MN will meet the requirements of the DNR and City Flood Proofing requirements. The building will feature flood vents on both East and West sides of the building to allow water to flow in case of flooding. The lowest floor elevation will be 693.5 feet which is one foot above the 1% annual chance flood (100 -year flood) elevation. I Michael G. Hoefler, MN License No. 24210 NCARB, AIA, CID 106 EAST CHESTNUT STREET, STILLWATER, MN 55082 PH: 651 -351 -1760 FAX: 651 - 430 -01 80 W W W.HAFARCHITECTS.COM eH 11 1 1 Location Map Vicinity Map Subject Site 0 150 Scale in Feet me am.`q b tr nw a sanyr�m ..a+v�22+� a wn nm�s a ny .0p.. n v.nan ww�pm cwq aw. rn. arno ra+a a era a r.M.o PUPdw �Y. WrlrKpn CaunyMria npR�OY b �ry Yvmv¢W. BQMU: WYIY vw cll* s n y—omm Mo: 31 M12 MW p— L Ay lO. 212 R21W R20W R19W T72N T32N 73IN TJIN YOU ARE HBO 73ON T29N T29N T2RN T2RN T27N T27N R22W R21W R20W Vicinity Map Subject Site 0 150 Scale in Feet me am.`q b tr nw a sanyr�m ..a+v�22+� a wn nm�s a ny .0p.. n v.nan ww�pm cwq aw. rn. arno ra+a a era a r.M.o PUPdw �Y. WrlrKpn CaunyMria npR�OY b �ry Yvmv¢W. BQMU: WYIY vw cll* s n y—omm Mo: 31 M12 MW p— L Ay lO. 212 MAP SCALE 1" = 500' 250 0 500 1000 FEET METERS 150 0 150 300 s is an official copy of a portion of the above referenced flood . It was extracted using FIRMette - Desktop version 3.0. This map does not lect changes or amendments which may have been made subsequent to ® PANEL 0266E iLLU FIRM In FLOOD INSURANCE RATE MAP ® WASHINGTON COUNTY, n MINNESOTA m AND INCORPORATED AREAS id PANEL 266 OF 456 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) a CONTAINS: m COMMUNITY NUMBER PANEL SUFFIX OAK PARK HEIGHTS, 270512 0266 E CITY OF STILLWATER, CITY OF 275249 0266 E a([D Notice to User: The Map Number shown below should be used when placing map orders; the Community Number shown above should be used on insurance applications for the subject a community. Q�pA��F.LT MAP NUMBER 27163CO266E 3�z EFFECTIVE DATE ' "° 5' FEBRUARY 3, 2010 Federal Emergency Management Agency s is an official copy of a portion of the above referenced flood . It was extracted using FIRMette - Desktop version 3.0. This map does not lect changes or amendments which may have been made subsequent to r Survey Prepared For: Seasons Tt44ue, Inc. 229 South Maln Street Stillwater, Minnesota 55062 16511 43 0-1240 CERTIFICATE OF SURVEY See Sheet 2 for Proposed 2006 Seasons Tique, [nc. Parcel used for Untended to et used for an action to quiet nitge or to PART OF BLOCK 28, ORIGINAL TOWN, NOW CITY OF STILLWATER, 'Register Title. only) MINNESOTA. Jan. 2006 Barrett M. Stack, Land Surveyor Scale: 1 10' Minn. Reg. No. 13774 i Notes: pea, o Indicates iron pipe set marked se, so•pO RLS 13774, unless noted otherwise, Indicates STACK RLS i13774.onl ass noted gn otherwwlse. - ,s Underground or overhead, publlc or Trlvate utelltles, on or a,J.cent the parce ,were not located -in conjunction wit Yi this survey, unless shown or noted otherwise hereon. +!T Graphic detal is of offset irons, wall and 3 facia genes and other Improvements that are j p4• In congested areas are not drawn to scale 70 T /E4' for aln in illustrating details of same, u` Ny 1 i +,79„Efs ig go, OW NORTH WA� �.ga rf,•g L ILA Y .., m../ 1 \\in c / >wP ✓) /eve b� PN,PCEC CON>7PI C - 4, ✓6 9¢6d Sv. sY. ti 5 ey p7 Notes: (continued) I hereby ertlfy to euarenty C .... Itiei Title, Inc „ Lawyers Title Insurance Corporation, Seasons Tique, Inc., and Frederick N. ere 11, Trustee, that I surveyed the property described on Sheet 2 of 3 Sheets of this survey and that this su vey shows all natters relating to Doc. No.'s 4Se903 and 3156341, a referred to in Lawyers Title Insurance Corporation C ... I tent for Title Insurance, schedule B - Section 11, File No. 'S20]2, dated Nov. 9, 2005, and that then W pa rcel lest riptlon, end the s vey I f the are correct, to the best of my known edgeur andgbelie�f•.,�_ rat-E t X. Stag cenSe�L°an� Surveyor Date: / -PJ -10G Ninn. Lit. No. 13I]4 Ind seivaytig airy Falls nu.lwortn star, Mi,a:eaore 5so82. r^P r1, l a�ifrWet.✓r �.* \ L 3 No � a k\ H\ \ y �x lY b .- orlentatim of this bearing systen is —oned. o t diceees itm Pipe set -- SYWL RI6 11114, unless rolled ourerwiaa. ' See the 'Perfected Plat" of the city of stillater, recorded as oocument n,arber 416049, Wasiirgton County ntwrdata Office, for details concerning the origin of Stimpson's Alley. (row Wroen ae hater street, uhe ereroedanent Of buildings or b:prwe.ents into the wain scads alum to tlm cutaide coil rg w 11 lire at grand level, any overhang. or P- Jsctim beyud said wall lute cmatitutes additrmal er,croa 1—t Into ew roads. Farce! 9 s eyed See prrpo dese- tints- for Auras prcc ings m street 2. 1'.-1 surveyed - tams 9466`.eluare feet. ,/anuary.25, 2006.- Revision,Npte Corrected drafted dimensional - :e n'. Sheet 1, Party Wall easement dinensiohc orrecte d to ].13 feet. Cban9ed caption of Proposed 2808 Seasons Tina., Inc., Parcel Des trlptian, (Sheet 21 to -h far. With the aa est of the Washington County Registers Off ice. BMS 1 xerehy certify that a vey, Plan or.. eloec Was Prepared GY odes ay direct euperviefm and that T se a duly Ne9ietatad la`d —V"- o des the iapa of t Btate- of HI—acte Pat / -r9 -1011 has, No,' 11774 /Kw'rRl � t Al W; 0A h .- orlentatim of this bearing systen is —oned. o t diceees itm Pipe set -- SYWL RI6 11114, unless rolled ourerwiaa. ' See the 'Perfected Plat" of the city of stillater, recorded as oocument n,arber 416049, Wasiirgton County ntwrdata Office, for details concerning the origin of Stimpson's Alley. (row Wroen ae hater street, uhe ereroedanent Of buildings or b:prwe.ents into the wain scads alum to tlm cutaide coil rg w 11 lire at grand level, any overhang. or P- Jsctim beyud said wall lute cmatitutes additrmal er,croa 1—t Into ew roads. Farce! 9 s eyed See prrpo dese- tints- for Auras prcc ings m street 2. 1'.-1 surveyed - tams 9466`.eluare feet. ,/anuary.25, 2006.- Revision,Npte Corrected drafted dimensional - :e n'. Sheet 1, Party Wall easement dinensiohc orrecte d to ].13 feet. Cban9ed caption of Proposed 2808 Seasons Tina., Inc., Parcel Des trlptian, (Sheet 21 to -h far. With the aa est of the Washington County Registers Off ice. 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Purpose of chapter. This chapter is adopted for the purpose of protecting the historic and aesthetic qualities of the city by preserving, rehabilitating or restoring, when reasonable, buildings or structures which constitute or reflect distinctive features of the architectural or historical resources of the city, thereby promoting the public welfare and preserving the cultural heritage of the city. Sec. 34 -2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Building or structure ofpotential historic signi icance means a building or structure or portion of a building or structure built on or prior to December 31, 1945. Commission means the Heritage Preservation Commission. Community Development Director means the Stillwater Community Development Director or his or her designee. Demolition means one of the following: (1) Razing a building. (2) Removal of fifty (50) percent or more of the total facade. (3) Removal of more than twenty (20) percent of the exterior front facade of a structure including the front facing roof. The amount of front facade that is required to be removed for a front porch shall not be counted toward the 20 %. (4) Demolition by neglect. A demolition shall not mean any of the following: (1) A structure required to be demolished in accordance with Minn. Stats. ch. 463. (2) Destruction by fire that has been determined to be a total loss by the Community Development Director. However, a fire that is caused by arson and was proven to be started by an act of the owner or the owner's agent shall be considered a demolition. (3) Destruction by a natural disaster or other similar event and which has been determined to be a total loss by the Community Development Director. Items that are consider maintenance in the opinion of the Community Development Director. (4) Items that are consider maintenance in the opinion of the Community Development Director. Historic Resource means any building or structure that is not currently designated as a Heritage Preservation Site but which is worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance for one of the following reasons: (1) The property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history. (2) The property is associated with the lives of significant persons or groups. (3) The property contains or is associated with distinctive elements of city or neighborhood identity. (4) The property embodies the distinctive characteristics of an architectural or engineering type or style, or method of construction. (5) The property exemplifies a landscape design or development pattern distinguished by innovation, rarity, uniqueness or quality of design or detail. (6) The property exemplifies works of master builders, engineers, designers, artists, craftsmen or architects. (7) The property has yielded, or may be likely to yield, information important in prehistory or history. Historically significant building or structure means any building or structure or portion of a building or structure on the National Historic Register, a designated local heritage preservation site or a contributing structure or building in a designated national register historic district. Nonhistoric structure or building means a structure or building built on or after January 1, 1946, or is not on the National Historic Register, or is not a designated local heritage preservation site, or is a noncontributing structure or building in a designated national register historic district. Sec. 34 -3. Permit required. No building or structure may be demolished without obtaining a demolition permit. An application for a demolition permit must be filed with the city building official. Sec. 34 -4. Procedure. The building official must forward a copy of each demolition permit application to the community development director. Subd 1. Community Development Director Review. The community development director shall review the permit, conduct an on -site visit of the property with the applicant, make one of the following determinations, and take the associated action: (1) The building, or structure is historically significant. If the building or structure is found to be historically significant, then the application will be sent to the commission for review according to Section 34 -4, Subd. 2. 2 (2) The building or structure is a historic resource. If a building or structure is potentially historic due to being built on or prior to December 31, 1945, and it is determined to be a historic resource, then the application will be sent to the commission for review according to Section 34 -4, Subd 2. (3) The building or structure is potentially historic but not historically significant or not a historic resource. If a building or structure is found to be potentially historic, but it is determined that it does not meet the definition of a historic resource, then the application for a demolition permit will be referred to the building official for issuance of a demolition permit. (4) The building or structure is Nonhistoric If a building or structure is nonhistoric, then the application for a demolition permit will be referred to the building official for issuance of a demolition permit. Subd.2. Heritage Preservation Commission Review. If the community development director determines that a building or structure is historically significant or a historic resource, then the commission must review the demolition request to determine whether a demolition permit may be issued. (1). Required demolition permit application materials An application form and 15 copies for commission review must be submitted to the city in order to place the demolition request on a commission agenda for consideration. The demolition permit application must include the following information: (a) A map showing the location of the building or structure to be demolished on its property and with reference to neighborhood properties; (b) A legal description of property and owner of record; (c) Photographs of all building elevations; (d) A description of the building or structure or portion of building or structure to be demolished; (e) The reason for the proposed demolition and data supporting the reason, including, where applicable, data sufficient to establish any economic justification for demolition to determine why restoration or reuse is not economically feasible; (f) Proposed plans and schedule for reuse of the property on which the building or structure to be demolished is located. The HPC may apply the standards set out in the Neighborhood Conservation Design Guidelines when appropriate; (g) Relation of demolition and future site use to the comprehensive plan and zoning requirements; and (h) A description of alternatives to the demolition. (2). Public hearing. The commission must hold a public hearing according to chapter 31 -204, subdivision 3 of this Code. Additionally, twelve (12) days prior 3 to the public hearing, the applicant shall cause a sign to be installed at the street frontage of the property stating a notification message as prescribed by city staff that is intended to notify the public of the proposed demolition.. The commission will conduct the public hearing, review the demolition request, and decide upon one of the following courses of action: (a) For a historically significant building or structure (i) No feasible alternative to demolition. If the commission determines that the owner has made a reasonable effort to sell or, preserve the structure and after finding that there is no available feasible alternative to demolition, then the commission shall notify the building official that a demolition permit may be issued, as provided in subdivision 3 below. (ii) Feasible alternative to demolition. If the commission determines that there is a feasible alternative to demolition, the permit must be denied. (b) For a historic resource ()Negative finding. If the commission finds that the property is not a historic resource, then the commission shall notify the building official that a demolition permit may be issued, as provided in subdivision 3 below. (ii) Positive finding with no feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, but that there is no feasible alternative to demolition, then the commission shall notify the building official that a demolition permit shall be issued, as provided in subdivision 3 below. (iii) Positive finding with feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, and that there is a feasible alternative to demolition, then the commission shall deny the demolition permit and direct the community development director to prepare a designation study of the property, as provided in section 22 -7, subdivision 4 [Procedures for the designation of heritage preservation sites]. (1) Failure to designate property. If the city council does not approve the preparation of the designation study within 30 days of the commission determination, or if the completed designation study is not approved within 180 days of the commission determination, or if the city council denies implementation of the designation after completion of the designation study, then the building official shall issue the demolition permit. (3). Commission findings and conditions. While reviewing the demolition permit request, the commission shall consider the following findings and conditions: El (a) Destruction of a building or structure. Before approving the demolition of a building, the commission shall make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the commission shall consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. The commission, with the approval of the City Council, may delay a final decision for up to one hundred eighty (180) days to allow parties interested in preserving the historic resource a reasonable opportunity to act to protect it. (b) Mitigation plan. The commission may require a mitigation plan as a condition of any approval for demolition of a building. Such plan may include the documentation of the property by measured drawings, photographic recording, historical research or other means appropriate to the significance of the property. (c) Demolition delay. With the approval of the City Council, the commission may stay the release of the building, wrecking or demolition permit for up to one hundred eighty (180) days as a condition of approval for a demolition of a building that has been found to contribute to a potential historic district to allow parties interested in preserving the historic resource a reasonable opportunity to act to protect it. The release of the permit may be allowed for emergency exception as required in section 34 -5. Sec. 34 -5. Emergency demolition. If a historically significant building or structure or historic resource poses an immediate threat to health or safety due to its deteriorated condition, the owner of the building or structure may request issuance of an emergency demolition permit. If both the community development director and building official find that the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no reasonable alternative to the immediate demolition, together the community development director and building official may issue an emergency demolition permit. Sec. 34 -6. Fee. For purpose of reimbursing the city of administration of this chapter, the City will by resolution, from time to time, fix the amount of fees to be charged for processing all applications and appeals. Sec. 34 -7. Injunction. In addition to any other relief provided by this chapter, the city attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this 5 chapter. This application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. Sec. 34 -8. Violation of chapter. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and a separate offense shall be deemed committed on each day during on which a violation occurs or continues." 2. Savings. In all other ways City Code shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 5th day of June, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk 3 i­xujil t1i ou mivit TO: Mayor & City Council FROM: Diane Ward, City Clerk SUBJECT: Issuance of a New Combination (On -sale and Off -sale) and Sunday Liquor License - Domacin LLC As a result of the Council's approval Ordinance 1044 on March 20, 2012, allowing the issuance of Combination Liquor Licenses (Off -sale & On -Sale) in Stillwater, an application has been received by Domacin LLC, DBA: Domacin Wine Bar for 102 2nd Street S. In order to have a combination liquor license the establishment must have an On -Sale Liquor License; therefore Mr. Richard Hoch has submitted the applications to upgrade his liquor licesne from a Wine and Strong Beer to a Combination (On -sale & Off - sale), and Sunday Liquor License. It is not Mr. Hoch's intention to have a full bar in his restaurant, but this license will allow Domacin LLC to sell the wine they serve as an off -sale establishment. They will however, have to comply with off -sale hours of operation set by State Statute. RECOMMENDATION: Upon the approvals and inspections by the Police, Fire, Finance and Building Departments, it is recommended that Domacin LLC be issued a Combination License and Sunday Liquor License. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving the issuance of a Combination and Sunday Liquor License to Domacin LLC." APPROVING THE ISSUANCE OF A COMBINATION AND SUNDAY LIQUOR LICENSES TO DOMACIN LLC WHEREAS, an application has been received for a new Combination (On -sale & Off -sale) and Sunday liquor licenses from Domacin LLC, DBA: Domacin Wine Bar located at located at 102. 2nd Street S, Stillwater and WHEREAS, Council reviewed the request at their regular meeting of June 1, 2012, and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a Combination (On -sale & Off -sale) and Sunday liquor licenses; to Domacin LLC conditioned upon approval by City Police, Fire, Building Inspection and Finance Departments, and Minnesota Liquor Control. Adopted by Council this 5t" day of June, 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: May 24, 2012 Subject: Heritage Preservation Commission Mr. Brian Larson has applied and was interviewed to be a member on the Heritage Preservation Commission. The Chair and Council Representative recommend that Mr. Larson be appointed. ACTION REQUIRED: If Council wishes to appoint Mr. Larson, Council should pass a motion adopting Resolution 2012- , appointing Mr. Larson to the Heritage Preservation Commission with his term ending May 1, 2015. /nm THE BIRTHPLACE OF M I N N E S O T A DATE: May 30, 2012 TO: City Council REGARDING: RFP for Police Department Expansion MEETING DATE: June 5, 2012 AUTHOR: Bill Turnblad, Community Development Director BACKGROUND There was discussion at the May 11 Council Retreat about expanding the Police Department into the fire station area when the new fire station is constructed. The first step toward preparing for that expansion would be a study that examines: 1) Police Department space needs; 2) How existing Police Department space and the expansion space could be configured to meet the space needs; and 3) An estimate of the costs involved in that reconfiguration. REQUEST Authorize staff to draft and circulate an RFP for the Police Department Expansion Study. STILLWATER TOWN BOARD MEETING May 10, 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, Planner Dick Thompson, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Rick Jacobson. 1. AGENDA - M /S /P Johnson /Beane moved to adopt the agenda as written. (4 ayes) 2. MINUTES - M /S /P Beane /Countryman moved to approve the April 26, 2012 Stillwater Town Board Meeting minutes as written. (4 ayes) 3. TREASURER- a. Report given. b. Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 41837 Bryan Rock Products, Inc. $1,434.55 41838 Campbell, Knutson, PA 3,851.05 41839 CenturyLink 101.35 41840 James Doriott 75.89 41841 Helmer Printing, Inc. 361.58 41843 Mantyla Well Drilling, Inc. 150.00 41844 Maroneys Sanitation, Inc. 117.82 41845 M FRA 5,718.30 41846 MJ Raleigh Trucking Inc. 10,966.13 41847 Kathleen Nelson 145.62 41848 Stephen Nelson 785.00 41849 On Site Sanitation 578.19 41850 Public Safety Equipment Co 30.00 41851 Robert P Ranalla Sr. 8.53 41852 Barbara Riehle 40.00 41853 Kathryn Schmoeckel 72.92 41854 Stillwater Gazette 35.55 41855 Tremblays Sweet Shop 320.00 41856 Washington County Taxation Division 25.00 41857 Xcel Energy 91.07 41858 Internal Revenue Service 688.54 41859 Minnesota Department of Revenue 22.67 41860 PERA 398.31 41861 Jack Kramer 7,100.91 Countryman, Linda P 344.00 Johnson, David W 379.74 Stillwater Town Board Mtg. - 5/10/12 Nelson, Kathleen M Nelson, Stephen W Olson, Marsha Ann Ranalla, Sr. Robert P Riehle, Barbara Schmoeckel, Kathryn G Untiedt, Sheila -Marie 4. PLANNER - a. Outinb Lodge PUD Amendment - The Planning Comm hearing n the PUD Amendment and they dealt with t space wi in the lodge and the amplified music. M /S /P John/Countryman moved approval of the ift lodge. (4 a es) Page 2 3 4.59 1, 1.07 42.49 155.68 266.07 824.20 549.50 ;ion held the public issues: the 12x12 retail shop component within the With respect to mplified music, the Planning C mission recommended leaving it as in the 2006 P Amendment. Chief of Poli reported on the complaint level. He found one com aint in 2008 on the Sheri 's record. He had been unaware of the condition in the 06 PUD regarding a lified music. He gave a history of how this issue came u The Outing Lodg is committed to 8 brides to have outdoor music this year. M /S /P Johnson /Beane mo d that for t e 8 weddings scheduled in 2012 outside amplified music is allowed o ly until 1 :00 pm, or inside until 12:00 pm, that Steve Nelson will notify the n ' hbor , if there is any complaint it will be dealt with immediately by the Outing Lod a any violations will terminate this agreement. (3 ayes, Countryman nay) There should bean effort by the utin Lodge to control the volume. The tent might be best located on the s th side . h the building acting as a buffer. With respect to the remainin improvements, a Planning Commission should be directed to consider these i sues as concept issu only. The decision dates on the PUD amendment sho d be extended to allow f the possible increased time. (Sheila -Marie Untiedt strived.) b. Sherri Buss' letter o Governor Dayton on Water Governanc The consensus was that this was excellent letter that should be sent with She -Marie Untiedt's sugges . n that this applies to all communities and a copy sh be sent to the Lea a of Cities. c. Recordin E i ment for Public He rin s - Planner Dick Thompson had spoken to an attornijK who felt it was good practice to record public hearings. He will check with/Soren Mattick to see if this is a requirement or just good practice. d. Special Events Ordinance - This ordinance had been approved by the Board on August 11, 2011 but never formally signed. A signature copy will prepared for the next meeting. Stillwater Town Board Mtg. - 5/10/12 Nelson, Kathleen M Nelson, Stephen W Olson, Marsha Ann Ranalla, Sr. Robert P Riehle, Barbara Schmoeckel, Kathryn G Untiedt, Sheila- Marie 354.59 1,151.07 442.49 155.68 266.07 824.20 549.50 S` ' t Page 2 4. PLANNER - a. Outing Lodge PUD Amendment - The Planning Commission held thepublic hearing on the PUD Amendment and they dealt with two issues: the .2x12 retail space within the lodge and the amplified music. M /S /P Johnson /Countryman moved approval of the gift shop component within the lodge. (4 ayes) With respect to amplified music, the Planning Commission recommended leaving it as in the 2006 PUD Amendment. Chief of Police reported on the complaint level. He found one complaint in 2008 on the Sheriff's record. He had been unaware of the condition in the 2006 PUD regarding amplified music. He gave a history of how this issue came up. The Outing Lodge is committed to 8 brides to have outdoor music this year. M /S /P Johnson /Beane moved that for the 8 weddings scheduled in 2012 outside amplified music is allowed only until 10:00 pm, or inside until 12:00 pm, that Steve Nelson will notify.the neighbors, if there is any complaint it will be dealt with immediately by the Outing Lodge and any violations will terminate this agreement. (3 ayes, Countryman nay) There should be an effort by the Outing Lodge to control the volume. The tent might be best located on the south side with the building acting as a buffer. With respect to the remaining improvements, the Planning Commission should be directed to consider these issues as concept issues only. The decision dates on the PUD amendment should be extended to allow for the possible increased time. (Sheila -Marie Untiedt arrived.) b. Sherri- Buss' letter to Governor Dayton on Water Governance - The consensus was that this was an excellent letter that should be sent with Sheila -Marie Untiedt's suggestion that this applies to all communities and a copy should also be sent to the League of Cities. c. Recording Equipment for Public Hearings - Planner Dick Thompson had spoken to an attorney who felt it was good practice to record public hearings. He will check with Soren Mattick to see if this is a requirement or just good practice. d. Special Events Ordinance - This ordinance had been approved by the Board on August 11, 2011 but never formally signed. A signature copy will prepared for the next meeting. . w Stillwater Town Board Mtg. - 5/10/12 Page 3 5. ARCOLA HEIGHTS PARK MANAGER - Matt Beane had spoken to Kelly Shantz and he is still interested in working as manager. Rick Jacobson has been taking care of Arcola Heights Park such as trash and bathrooms. There are no events to be scheduled and the lawn service is contracted. Kelly Shantz could provide a local presence at the park. 6. CHIEF OF POLICE - a. Report given. There were 7 burning permits, none for buckthorn. No dogs were impounded. A citation was issued for a dog running at large. b. CUP's - All CUP's have been checked and all are in compliance. c. Annual Picnic - Steve Nelson has secured the canine unit and the sheriff's new armed vehicle for their emergency response team for the picnic. Their command vehicle will also be on display and there will be a robot demonstration. The fire department will also be coming. d. Kennel License - Deborah MacNeill has a kennel license with 7 dogs. There have been no complaints. She wants to change the license to her name only which will be done when the renewal comes up. e. Dog Licensing - The new licensing is ready to go out. 7. OLD STONE BRIDGE - Barbara Medinger had a DVD presentation which documents the work that has been done to stabilize the bridge. It could be shown at the next annual meeting. She also had a certificate from the American Society of Civil Engineers. The Board offered to help in her efforts to have the DNR take over the bridge. 8. GARAGE SALE - M /S /P Countryman /Beane moved to approve funding for advertising for the upcoming garage sale not to exceed $200. (5 ayes) 9. PRINTER FOR THE TOWN HALL - The money for this had already been allocated. Rick Jacobson will look into it. 10. WORKSHOP - Two speakers are planned and 20 people have signed up. M /S /P Untiedt /Countryman moved to authorize the expenditure not to exceed $260 for the workshop. (5 ayes) 11. ADJOURNMENT- The meeting was adjourned at 9:15 p.m. Cler Chairperson Approved Summary of Proceedings Washington County Board of Commissioners May 22, 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 she attended the annual Law Enforcement Memorial Day Ceremony at the Historic Courthouse; she attended the Public Health Emergency Preparedness Advisory Committee; she attended the Gateway Corridor Policy Advisory Committee; and she attended the Counties Transit Improvement Board meeting; - Commissioner Lehrke — reported she attended the Law Enforcement Memorial Day Ceremony; she attended the Metropolitan Library Services Agency meeting; she attended the Minnesota Extension Advisory Committee meeting; and she will be attending the National Association of Counties forum on Innovative Waste the rest of this week; - Commissioner Kriesel — reported he will be attending the Transportation Fly -in to be held in Washington D.C. on June 5; he attended the Law Enforcement Memorial Day Ceremony; he attended the St. Croix River Coalition meeting; he attended the Gateway Corridor Preparedness Advisory Committee meeting; he attended the Library Board meeting which also met with the Stillwater Library Board; he attended the 5th Annual Encourage Breakfast for the Courage Center St. Croix; and he reported that the Valley Branch Library in Lakeland will have an open house event on Saturday, June 9 from 10:00 to 2:00; Commissioner Hegberg — reported he will be attending the Public Risk Management Association Conference during the week of June 5; he attended the Law Enforcement Memorial Day Ceremony; he attended the Counties Transit Improvement Board meeting; he attended the Transportation Advisory Board Programming Committee followed by the Transportation Advisory Board meeting; he attended the Metropolitan Area Agency on Aging; he attended the Rush Line Task Force meeting; he met with individuals from Greater MSP to discuss economic growth in Washington County; he met with the Hugo City Council to discuss the Highway 61 and County Road 4 proposal for a roundabout; and he will be attending the National Association of Counties forum on Innovative Waste the rest of this week. Community Services Approval to appoint Renee Lane, Grant, to the Community Development Block Grant Citizen's Advisory Committee. General Administration Approval of the following actions: - May 8, 2012 Board meeting minutes; - Public hearing set for June 19, 2012 at 9:00 a.m. for consideration of repeal of Washington County Ordinance No. 33 Aggregate Removal Tax; - June 5, 2012 County Board meeting cancelled; next Board meeting scheduled for June 12, 2012 in the afternoon followed by the Board of Appeal and Equalization; - Board correspondence was received and placed on file. Human Resources Approval of the following actions: - 2012 -2013 contract for the Attorney's Association; - Presentation of the Safety Award from the Governor's Safety Council for the county's continuing improvement and implementation of 75 percent of the safety program benchmarks or better. Housing and Redevelopment Authority Adoption of Resolution No. 2012 -074 approving Laws of Minnesota 2012, Chapter 199, Sections 3, 4 and 5. Library Approval to renew the MNLink Gateway Server Site contract with the Minnesota Office of Higher Education for inter - library loan service. Public Health and Environment Update given on the increase in pertussis (whooping cough) in the county and throughout the metropolitan area especially in school age children. Public Works Approval of the following actions: - License for the use of real property to the Veterans Camp Association, Inc. to maintain the camp's four existing flagpoles and one entrance monument sign; - Grant application to the Minnesota Historical Society Legacy Grant program for funding to repair and restore the Historic Courthouse fascia and soffits; - Contract with Washington Conservation District for professional services for 2012 -2014 at an amount not to exceed $32,400 per calendar year; - Change Order No. 3 to contract with Parkos Construction Company, Inc. for the St. Croix Bluffs Regional Park Campground Park improvement project in the amount of $7,196.75; - Change Order No. 1 to contract with Parkos Construction Company, Inc. for the St. Croix Regional Park Campground Park improvement project in the amount of $11,682.66; and budget amendment to fund additional project costs in the amount of $11,607 from the Parks Division Stewardship Fund 214; - Executive sessions held to consider an offer to acquire an interest in the Leadholm parcel for the St. Croix Valley Regional Trail Master Plan; and review an appraisal and discuss the possible purchase of the Croone parcel for inclusion into the Big Marine Park Reserve. Regional Railroad Authority Approval of the following actions: - May 8, 2012 Regional Railroad Authority meeting minutes; - Amendment #3 to contract with CH2M Hill, Inc. for additional analysis and engineering services on the Gateway Corridor Alternative analysis in the amount of $199,799.21; and budget amendment providing for the funding of the professional services. Sheriffs Office Approval to amend the grant agreement with Integrated Solution Consulting to provide services for Metropolitan Region Homeland Security Emergency Management Board extending the terms to July 31, 2012. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, May 22, 2012 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651- 430 -6001. Washington County's mission is to provide quality public services in a cost - effective manner through innovation, leadership, and the cooperation of dedicated people. Public hearing on repeal of county ordinance related to gravel tax set for June 19 The Washington County Board of Commissioners will conduct a public hearing to consider the repeal of the county's ordinance related to the aggregate removal tax at 9 a.m. Tuesday, June 19, in the Board Room of the county Government Center in Stillwater. The County Board's intention would be to continue the gravel tax collection within the county after the ordinance repeal under the authority granted under state law. The County Board adopted an ordinance to impose an aggregate material removal tax in 1982. Counties have the authority under state law to impose a tax on operators who are engaged in the removal and shipping of aggregate material within the county, and has been collecting and distributing funds from the aggregate removal tax since 1983. The Legislature made substantial changes to the rate of the tax and the distribution of the funds after they were collected by the county. The statute now states how the funds should be distributed, removing earlier discretion that was granted to county boards to determine how to distribute a portion of the tax proceeds. The county's ordinance has not been updated to conform with these statutory changes. Since the statute now clearly defines all aspects of the implementation of the tax, and no discretionary decisions are required by the county board, the aggregate material removal ordinance may no longer be necessary in the county. The public hearing is to gather information to consider the repeal of the county's aggregate removal tax and continue collection of the aggregate material removal tax under state law. Consultant will do expanded study of Gateway Corridor CH2M Hill, Inc., will perform additional analysis and engineering work for the Gateway transit Alternatives Analysis after the Washington County Board of Commissioners, sitting as the Regional Rail Authority May 22, agreed to the amendment of the contract with the firm. The Gateway Corridor Commission is undertaking an alternatives analysis study for the Gateway Corridor. The study started in October 2010 and is now in the Evaluation of Results phase. Money for additional study will come from the 3 percent revenue sharing that Washington County is guaranteed each year from the County Transit Improvement Board (CTIB); the county must provide a 10 percent match to any funds requested from CTIB. As the study moved through the analysis and information was presented at open houses in the community, additional analysis and engineering and revised cost information was needed so decision makers will have the necessary information to identify the best altemative(s) to carry into the draft environmental impact statement. Page 1 of 4 The contract for the additional work is $199,800. The proposed funding split will be Washington County, $80,000 (40 percent), Ramsey County Regional Railroad Authority, $80,000 (40 percent), and the Metropolitan Council, $40,000 (20 percent). This funding split is consistent with the previous splits for the original contract and the first amendment to the contract. Lane will join the Community Development Block Grant Citizen's Advisory Committee Renee Lane, Grant, will join the Washington County Community Development Block Grant Citizen's Advisory Committee as the District 1 representative, after the County Board approved the appointment May 22. Lane will fill an unexpired term until Dec. 31, 2013. Her appointment was recommended by Commissioner Dennis Hegberg, District 1. The Washington County Community Development Block Grant (CDBG) Citizen Advisory Committee is established to provide public input to and increase the accountability of the CDBG and HOME programs in Washington County. The purpose of the program is to develop strong urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for low- and moderate - income persons. County will work with Washington Conservation District The Washington County Board of Commissioners approved a multi -year contract with the Washington Conservation District May 22, to provide a number of services throughout the county. The contract is for $32,400 each year — 2012, 2013 and 2014. This is the first time that the county has had a multi -year contract with the agency. The services include work for the Public Works Department. New legislation will allow HRA to levy tax in all cities in Washington County The Washington County Board of Commissioners adopted a resolution May 22 to amend Washington County Housing and Redevelopment Authority ( WCHRA) rules for governance, after a change in Minnesota statutes. The change in statute eliminates confusion caused by a Court of Appeals ruling related to the Anoka County Housing and Redevelopment Authority, which had an effect on the Washington County agency's ability to provide services and apply its tax levy to cities in Washington County which have their own housing and redevelopment authority, which are Woodbury, Oakdale, Forest Lake and Landfall. The WCHRA secured resolutions from those four communities in support of the WCHRA levying for its services in their communities. The County Board supported the WCHRA's efforts to secure legislation to clear the confusion in the statute regarding the WCHRA's jurisdiction and operation throughout the county and to reaffirm the long- standing practice by the cities, the WCHRA and the county to uniformly assess the WCHRA Special Benefit Levy in all cities, regardless of whether a municipal housing authority exists. The Legislature approved and the governor signed the law that amended the WCHRA Special Law, which confirms that the WCHRA has the same authority as granted to other county housing authorities under Minnesota law, and that its jurisdiction and area of operation includes all territory in the county. County Board approves contract with Attorneys Association The Washington County Board of Commission agreed to a three -year contract with the county's Attorneys Association May 22, which calls for no general salary adjustments in 2011, 2012 or 2013. Page 2 of 4' The contract for the additional work is $199,800. The proposed funding split will be Washington County, $80,000 (40 percent), Ramsey County Regional Railroad Authority, $80,000 (40 percent), and the Metropolitan Council, $40,000 (20 percent). This funding split is consistent with the previous splits for the original contract and the first amendment to the contract. Lane will join the Community Development Block Grant Citizen's Advisory Committee Renee Lane, Grant, will join the Washington County Community Development Block Grant Citizen's Advisory Committee as the District 1 representative, after the County Board approved the appointment May 22. Lane will fill an unexpired term until Dec. 31, 2013. Her appointment was recommended by Commissioner Dennis Hegberg, District 1. The Washington County Community Development Block Grant (CDBG) Citizen Advisory Committee is established to provide public input to and increase the accountability of the CDBG and HOME programs in Washington County. The purpose of the program is to develop strong urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for low- and moderate - income persons. County will work with Washington Conservation District The Washington County Board of Commissioners approved a multi -year contract with the Washington Conservation District May 22, to provide a number of services throughout the county. The contract is for $32,400 each year — 2012, 2013 and 2014. This is the first time that the county has had a multi -year contract with the agency. The services include work for the Public Works Department. New legislation will allow HRA to levy tax in all cities in Washington County The Washington County Board of Commissioners adopted a resolution May 22 to amend Washington County Housing and Redevelopment Authority ( WCHRA) rules for governance, after a change in Minnesota statutes. The change in statute eliminates confusion caused by a Court of Appeals ruling related to the Anoka County Housing and Redevelopment Authority, which had an effect on the Washington County agency's ability to provide services and apply its tax levy to cities in Washington County which have their own housing and redevelopment authority, which are Woodbury, Oakdale, Forest Lake and Landfall. The WCHRA secured resolutions from those four communities in support of the WCHRA levying for its services in their communities. The County Board supported the WCHRA's efforts to secure legislation to clear the confusion in the statute regarding the WCHRA's jurisdiction and operation throughout the county and to reaffirm the long - standing practice by the cities, the WCHRA and the county to uniformly assess the WCHRA Special Benefit Levy in all cities, regardless of whether a municipal housing authority exists. The Legislature approved and the governor signed the law that amended the WCHRA Special Law, which confirms that the WCHRA has the same authority as granted to other county housing authorities under Minnesota law, and that its jurisdiction and area of operation includes all territory in the county. County Board approves contract with Attorneys Association The Washington County Board of Commission agreed to a three -year contract with the county's Attorneys Association May 22, which calls for no general salary adjustments in 2011, 2012 or 2013. Page 2 of 4 Other provisions of the contract are: • Medical insurance contributions and flexible spending credits will remain the same as in 2011 for 2012, with an insurance reopener in 2013. • In 2012 and 2013, employees below the maximum of the salary range shall be eligible based on the employee's full -time equivalent (FTE) level for an increase up to 1.5 percent not to exceed the salary range maximum on the anniversary date. • In 2013, employees at the salary range maximum shall be eligible for a non -base lump sum payment based on the employee's FTE of 1.5 percent on their anniversary date. • In 2013, employees at the salary range maximum shall be eligible for a non -base lump sum payment based on the employee's FTE of 2 percent on their anniversary date. • Employees designated by the employer and scheduled to be on -call shall be compensated at the rate of $1.95 per hour for the duration of the time the employee is scheduled on -call. County Board will not meet May 29, fifth Tuesday of month, June 5; Board of Equalization will be June 12 The Washington County Board of Commissioners will not meet Tuesday, May 29. The board meets most Tuesday mornings, but does not regularly meet on the fifth Tuesday of the month. The board has also cancelled its regularly scheduled meeting for June 5, as there will most likely be a lack of a quorum for that meeting. The Tuesday, June 12, meeting will precede the annual Board of Appeal and Equalization meeting, which will start at 5 p.m. and cannot be concluded before 7 p.m. The exact time of the meeting will be determined by the amount of county board meeting to be conducted at the meeting. Individuals who wish to have their appeal heard by the County Board have been asked to sign up with the Assessor Division. This gives staff an opportunity to review the property and provide information to the board as well as provide a staff recommendation. At the first meeting of the County Board of Appeal and Equalization, property owners will be given an opportunity to speak to the board. Individuals who have called the Assessor will be given a time to appear in front of the board. The second meeting of the Board will take place on the morning of Tuesday, June 19. At the second meeting, the board will review the recommendations from staff, ask questions, discuss and take action on each appeal. At the second meeting, the board will also be asked to approve valuation maintenance changes. The changes are value changes that have been agreed to by the assessor's office and the property owner prior to the board of appeal meeting. Public health department gives update on pertussis in Washington County The Washington County Board of Commissioners received an update on the incidence of pertussis in the county at its meeting May 22, from members of the Department of Public Health and Environment, along with tips on how to control the spread of the disease. The incidence of pertussis is increasing in Minnesota, with outbreaks occurring in a number of communities, particularly among upper elementary and middle school students. The Washington County Department of Public Health and Environment recently sent out a health alert to medical community partners about an increase in pertussis in the community. Pertussis cases show up every year in the community, particularly in the spring and summer. There is currently an increase in the number of cases in the county, consistent with what other counties, the state and the nation are experiencing. In all of 2011, there were 21 confirmed cases of pertussis in Washington County; as of May 22, there are 35 confirmed Page 3 of 4 cases so far this year. The age group that seems to be particularly affected is the middle school, ages 10 through 14; however, cases are occurring in all age groups. I Pertussis, also known as whooping cough, is a disease that affects the lungs and affects people of all ages. The bacteria can spread from person to person and through the air. Initial signs and symptoms are similar to a cold: sneezing, runny nose, possibly low grade fever, and a cough. The cough becomes worse and occurs in sudden uncontrollable outbursts where one cough follows another without a break for breath, and usually lasts four to six weeks or longer. It can be very serious, especially in infants. Children will make a high pitched whooping sound when breathing in after a coughing episode, thus the term "whooping cough." The most common complication of pertussis is bacterial pneumonia. The county encourages parents to have their children vaccinated according to the recommended vaccination schedule. Adults and adolescents are also encouraged have a Tdap shot which will provide protection against tetanus and pertussis. In addition, residents should: • avoid close contact with others who are coughing or otherwise ill; • cover a cough and wash hands often; • seek medical attention when a person develops pertussis -like symptoms or has been exposed to someone with pertussis; • keep children current on their vaccination; • adults should receive a Tdap booster (tetanus /diphtheria/pertussis), especially if caring for infants. Care providers should especially receive the booster. More information is available on the Minnesota Department of Health website at www.health.state.mn.us. The Washington Department of County Public Health and Environment web page at www.co.washington.mn.us has information about where to get immunizations for the un- and under insured children who qualify for the free vaccine program. The Washington County Minnesota Department of Public Health and Environment also is on Facebook, and provides information at that site. For general information, call the department at 651- 430 -6655 and ask to speak to staff on the Disease Prevention and Control Team. Page 4 of 4 cases so far this year. The age group that seems to be particularly affected is the middle school, ages 10 through 14; however, cases are occurring in all age groups. Pertussis, also known as whooping cough, is a disease that affects the lungs and affects people of all ages. The bacteria can spread from person to person and through the air. Initial signs and symptoms are similar to a cold: sneezing, runny nose, possibly low grade fever, and a cough. The cough becomes worse and occurs in sudden uncontrollable outbursts where one cough follows another without a break for breath, and usually lasts four to six weeks or longer. It can be very serious, especially in infants. Children will make a high pitched whooping sound when breathing in after a coughing episode, thus the term "whooping cough." The most common complication of pertussis is bacterial pneumonia. The county encourages parents to have their children vaccinated according to the recommended vaccination schedule. Adults and adolescents are also encouraged have a Tdap shot which will provide protection against tetanus and pertussis. In addition, residents should: • avoid close contact with others who are coughing or otherwise ill; • cover a cough and wash hands often; • seek medical attention when a person develops pertussis -like symptoms or has been exposed to someone with pertussis; • keep children current on their vaccination; • adults should receive a Tdap booster (tetanus /diphtheria/pertussis), especially if caring for infants. Care providers should especially receive the booster. More information is available on the Minnesota Department of Health website at www.health.state.mn.us. The Washington Department of County Public Health and Environment web page at www.co.washington.mn.us has information about where to get immunizations for the un- and under insured children who qualify for the free vaccine program. The Washington County Minnesota Department of Public Health and Environment also is on Facebook, and provides information at that site. For general information, call the department at 651- 430 -6655 and ask to speak to staff on the Disease Prevention and Control Team. Page 4 of 4 Summary of Proceedings Washington County Board of Commissioners May 15, 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 she attended the Mental Health Advisory Council meeting; she met staff to review the current youth diversion services in the county; she attended the foster care event; she attended a Gateway Corridor Commission meeting; she attended a business town meeting with Woodbury; she met with Ramsey County Commissioner Ortega and others to discuss the Gateway Corridor; she suggested a topic for the Library Board to consider is "What Are You Doing to Put a Halt to Bullying; and she will be attending the Washington County Sheriff's Memorial event today; - Commissioner Lehrke — reported she met with staff to review current youth diversion services in the county; she attended the foster care appreciation event; she attended the Association of Minnesota Counties Board of Director's meeting on Friday; and she indicated she would be attending the Washington County Sheriff's Memorial event today; - Commissioner Pulkrabek — reported he attended the Metropolitan Emergency Services Board meeting; he met with the City of Woodbury and discussed the Library hours and he stated he may have to reevaluate and look at increasing those hours; and he asked that a workshop be scheduled to discuss what is and is not acceptable at the Environmental Center; - Commissioner Kriesel — reported he attended the St. Croix River Crossing Coalition open house; he attended the Gateway Corridor Coalition meeting; and he will be attending the Washington County Sheriff's Memorial event today; - Commissioner Hegberg — read into the record the Law Enforcement Memorial Day and Law Enforcement Memorial Week resolution; he reported that he attended the foster care recognition event; he attended the Minnesota Inter - County Association meeting and he will be attending the Washington County Sheriff's Memorial event today. Community Corrections Workshop held to discuss the Court Services Tracking System, Probation Information System and the Corrections User Group that supports the system. General Administration Approval of the following actions: - April 24 and May 1, 2012 Board meeting minutes; - Resolution No. 2012 -064, 2012 1" quarter donations, gifts, and bequests; - Reappoint Steven Kronmiller, Scandia, to the Carnelian- Marine -St. Croix Watershed District Board of Managers to a three year term expiring June 21, 2015; - Resolution No. 2012 -070, recognizing Mr. Richard Adams for his service on the Planning Advisory Commission and Board of Adjustment and Appeals; - Resolution No. 2012 -071, recognizing Mr. Kent Grandlienard for his service on the Planning Advisory Commission; - Resolution No. 2012 -072, appreciation for Representative Nora Slawik upon her retirement from the Minnesota House of Representatives; - Resolution No. 2012 -073, appreciation for Representative John Kriesel upon his retirement from the Minnesota House of Representatives; - Legislative update on the Health and Human Services Bill; - Board correspondence was received and placed on file. Property Records and Tax Payer Services Approval of the recommended fee changes, effective June 18, 2012, to the Washington County Administrative Policy #1032 for remote web access to property records. Public Works Approval of the following actions: - Resolution No. 2012 -065, regional park implementing agency boards and commissions; - Resolution No. 2012 -066, bid award for the County State Aid Highway 2 landscaping to Peterson Companies, Inc.; - Resolution No. 2012 -067, demolition of old shower building at St. Croix Bluffs Regional Park campground; - Resolution No. 2012 -068, purchase Knauff property for Big Marine Park Reserve. Sheriffs Office Adoption of Resolution No. 2012 -069 recognizing Law Enforcement Memorial Day and Law Enforcement Memorial Week in Washington County. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners May 8, 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 Pulkrabek — reported he will be meeting with the City of Woodbury; he will be attending the Metropolitan Emergency Services Board meeting; and will meet with two different schools; - Commissioner Kriesel — reported he met with the St. Croix River Coalition; he attended the Andersen Advisory Committee; he attended the National Prayer Breakfast; he attended the Metropolitan Energy Policy Coalition meeting; he met with Lake Elmo to discuss the Gateway Corridor Park and Ride; and he met with some private citizens about economic development; - Commissioner Weik — reported she attended the Southwest Light Rail Corridor Management Committee meeting; she attended the Metropolitan Energy Policy Coalition meeting; she attended the St. Croix Valley Prayer Breakfast; and she met with St. Croix Prep administration; - Commissioner Lehrke — reported she attended the Denmark Historic School House event; she attended the Minnesota High Speed Rail Committee; she suggested that the County Board hold a workshop on high speed rail to reevaluate the county's participation and the cost of staff time; and she attended the Stone Souper -Bowl fund raiser; - Commissioner Hegberg — reported he met with constituents on economic development; he attended a Community Action Program meeting; he attended the Forest Lake City Council meeting; and he attended the Minnesota Association of Governments Investing for Counties. General Administration Approval of the following actions: - April 17, 2012 Board meeting minutes; - Resolution No. 2012 -055, appoint Washington County Director of Property Records and Tax Payer Services Jennifer Wagenius as the County Recorder; - Legislative update presented; - Board correspondence was received and placed on file. Human Resources Minnesota Counties Intergovernmental Trust 2011 annual report. Library Approval of the following actions: - Washington County Library Partners reviewed their campaign to raise funds for library books and materials for county libraries; - Library's strategic framework for 2012 and beyond. Property Records and Tax Paver Services Approval of the following actions: - Resolution No. 2012 -056, application to conduct off -site gambling from the Ladies Auxiliary VFW Post 323 for the period of August 1 through August 5, 2012; - Resolution No. 2012 -057, approving private sale to adjoining land owners through sealed bid. Public Health and Environment Approval of the following actions: Comments to the City of Scandia regarding the Draft Environmental Impact Statement for the proposed Zavoral Mine and Reclamation Plan; - Authorization to enroll in the National Association of Counties Prescription Drug Discount Card Program Option B. Public Works Approval of the following actions: - Resolution No. 2012 -058, authorize final payment for CSAH 8 bituminous reclamation and paving project to Hardrives, Inc.; - Resolution No. 2012 -059, amendment to the 1 -94 Alternative Analysis Capital Grant Agreement to extend the completion date and to provide additional funding; - Resolution No. 2012 -060, bid award for County Road 59, full reclamation and bituminous paving to North Valley, Inc.; - Grant application to the Huelsmann Foundation for up to $40,000 in funding for restoration of the north portico railing at the Washington County Historic Courthouse; - Resolution No. 2012 -061, Minnesota Snowmobile Trails Assistance Program, Star Trail Association; - Resolution No. 2012 -062, concur with the lowest responsible bidder, Dresel Contracting, Inc., for the reconstruction of CSAH 8 between Trunk Highway 61 and Goodview Avenue; - Resolution No. 2012 -063, Salem Lutheran Church overflow parking lease amendment. Regional Railroad Authority Approval of the following items: - April 10, 2012 Regional Railroad Authority meeting minutes; - Resolution No. RRA- 2012 -003, approving a local funding match to the Gateway Alternatives Analysis additional scope of work funding request; - Workshop held to discuss the Metropolitan Area Transit Governance. Sheriffs Office Approval to enter into a grant agreement with the Minnesota Department of Public Safety, Homeland Security and Emergency Management, in the amount of $160,000 for regional public safety watercraft operator training. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 nd Street N., Stillwater, Minnesota.