Loading...
HomeMy WebLinkAbout2012-07-31 CC Packetae 1 F }IRTMOLA CE Of NIN NE1101R AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 31, 2012 (Meeting changed from August 7, 2012) REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Budget workshop: a. MIS b. Fire c. Recreation Center d. City Attorney 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 2. Possible approval of minutes of July 17, 2012 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Proclamation: Night to Unite 2012 4. Retirement Plaque — Mary Swift, Senior Acct. Clerk 5. Youth Services Bureau — Mary Planten - Krell, Executive Director, confirmed 6. CVB Annual report — Tiki Oswald, confirmed 4:30 P.M. 7:00 P.M. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 7. Police Chief 8. Fire Chief 9. City Clerk 10. Community Dev. Director 11. Public Wks Dir /City Engr. 12. Finance Dir. 13. City Attorney 14. City Administrator CONSENT AGENDA (ROLL CALL) ** 15. Resolution 2012 -116, directing payment of bills 16. Resolution 2012 -117, a resolution approving the abatement of certain special assessments 17. Resolution 2012 -118, resolution adopting assessment for tree removal PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None. UNFINISHED BUSINESS 18. Possible approval of auditing services proposal (Resolution — Roll Call) 19. Possible approval of first reading of ordinance amending the Stillwater City Code, Section 27 -1, Subd. 9 (Impoundment of Animals) (1st reading — Roll Call) NEW BUSINESS 20. Possible approval of playground equipment for Millbrook Park (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. ater Till NINT11 ►LACE Of NINNECOtA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 31, 2012 (Meeting changed from August 7, 2012) REGULAR MEETING RECESSED MEETING 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Budget workshop: a. MIS b. Fire c. Recreation Center d. City Attorney 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 2. Possible approval of minutes of July 17, 2012 regular meeting minutes PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Officer Andrea Olson, Night to Unite Presentation 4. Proclamation: Night to Unite 2012 5. Retirement Plaque — Mary Swift, Senior Acct. Clerk (Resolution — Roll Call) 6. Youth Services Bureau — Mary Planten- Krell, Executive Director 7. CVB Annual report — Tiki Oswald 4:30 P.M. 7:00 P.M. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 8. Police Chief 12. Public Wks Dir /City Engr. 9. Fire Chief 13. Finance Dir. 10. City Clerk 11. Community Dev. Director 14. City Attorney 15. City Administrator CONSENT AGENDA (ROLL CALL) ** 16. Resolution 2012 -116, directing payment of bills 17. Resolution 2012 -117, a resolution approving the abatement of certain special assessments 18. Resolution 2012 -118, resolution adopting assessment for tree removal PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None. UNFINISHED BUSINESS 19. Possible approval of auditing services proposal (Resolution — Roll Call) 20. Possible approval of first reading of ordinance amending the Stillwater City Code, Section 27 -1, Subd. 9 (Impoundment of Animals) (1St reading — Roll Call) NEW BUSINESS 21. Possible approval of playground equipment for Millbrook Park (Resolution — Roll Call) 22. Possible approval of a license to operate a multi person tour bicycle in Downtown Stillwater (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. .ter THE IINTNPLAVE Of MINNESOTA CITY COUNCIL MEETING MINUTES July 17, 2012 REGULAR MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:07 p.m. Present: Councilmembers Cook, Polehna, Roush, Menikheim, and Mayor Harycki Absent: None 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 PLEDGE OF ALLEGIANCE Mayor Harycki led the Council in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Menikheim, seconded by Councilmember Polehna to approve the July 3, 2012 regular and recessed meeting minutes. Motion passed 4 -0 with Councilmember Cook abstaining because she was not at that meeting. PETITIONS, INDIVIDUALS & DELEGATIONS Human Rights Award - Jan Spreeman Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -106 presenting the Stillwater Human Rights Award to Jan Spreeman for his active role as a local educator teaching junior high and high school social studies for over 30 years. Ayes: Councilmembers Polehna, Menikheim, Roush, Cook, and Mayor Harycki Nays: None Councilmember Polehna and Mayor Harycki presented the Human Rights Award to Jan Spreeman, in the presence of Human Rights Commission Members Melissa May and Don Hovland. Mr. Spreeman thanked everyone who was involved with the award and acknowledged City Council Meeting July 17, 2012 his students and their parents, as well as Don Hovland who changed his professional life in many ways when he was hired by Mr. Hovland in 1973. Leaders in Public Policy Award 2012 Mayor Harycki showed the audience the award that was recently received by the Coalition for St. Croix River Crossing. Proclamation - SAHS Girls Fast Pitch Softball Team Day July 17, 2012 The team and coaches were presented with a proclamation noting the team is the 2012 Class AA State Champion with a 3 -0 record at the State Tournament and an over -all season record of 21 wins and eight losses. Blood Drive Mayor Harycki announced there will be a blood drive 10 a.m. to 3 p.m. July 30 at City Hall. Financial Statement Tom Koop, CliftonLarsenAllen, presented an overview of audit results. He reported that there were no material weaknesses in the internal control area. There were recommendations regarding the Recreation Center accounting process but these were not considered to be material weaknesses. He commended the City and its Finance Department for good work, saying the people who handle the City's finances are conscientious and responsible. He suggested the City may need to increase sanitary sewer rates due to increases in Met Council rates. A separate audit was done for the Water Department which is still in the black. Mr. Koop handed out a proposal for continued services with CliftonLarsenAllen at no increase next year and a one percent increase for each of the five future years. In response to a question from Mayor Harycki, Mr. Koop explained the unfunded pension liability. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to accept the audit report. All in favor. Youth Service Bureau - Mary Platten- Krell, Executive Director Ms. Platten -Krell was not present so there was no discussion. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief John Gannaway reported that the City's civil defense /weather warning sirens are being upgraded and should be done by the end of the week. Also, August 7 is National Night to Unite. Fire Chief Stuart Glaser informed the Council that there are several potential openings for paid on -call staff and hiring will begin in early August. Page2of6 City Council Meeting July 17, 2012 City Clerk Diane Ward stated that if citizens want to participate in the blood drive they may call 430 -8800 and ask for Rose or Nancy to make an appointment. Community Development Director Bill Turnblad informed the Council that the visual quality advisory committee has reconvened to review designs for the new bridge crossing, and visual impact has been reduced. Public Works Director Shawn Sanders stated Laurel Street has been paved and is now open for traffic. In the next few weeks, Martha, Everett, Harriet and Linden will be reconstructed. In the latter part of August, Third Street South will be done. The project should be completed mid - S eptember. Mr. Sanders also informed the Council that with water receding in Lowell Park, the contractor is ready to resume sandblasting the gazebo. The north end of the park has been reseeded. City Administrator Larry Hansen passed along an invitation to a meeting taking place on Thursday, July 19, about the St. Croix River Crossing project. CONSENT AGENDA Resolution 2012 -107, directing payment of bills Resolution 2012 -108, appointing election judges and fixing compensation Resolution 2012 -110, approving bond call for Water Board Resolution 2012 -112, approving agreement of assessment and waiver of irregularity and appeal Possible approval of sanitary sewer adjustments Resolution 2012 -113, possible approval of Change Order #3 Main Street Pedestrian Walkway Project Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the consent agenda as presented. Ayes: Councilmembers Menikheim, Polehna, Cook, Roush, and Mayor Harycki Nays: None Resolution 2012 -109, approving proposal from Cornerstone Landscaping for Eminent Domain Survey This item was pulled from the Consent Agenda at the request of Councilmember Cook, who asked about the status of the situation. Community Development Director Turnblad responded that the only way to provide access for the new fire station onto County Road 12 that will line up with Mary Knoll is to purchase approximately 14,000 square feet from the Garleys. Because they are not interested in the sale, the City has to go through eminent domain proceedings. City Attorney Magnuson added that the City has been following the state - mandated process of eminent domain. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -109, approving a proposal from Cornerstone Landscaping for an Eminent Domain Survey. Page 3 of 6 City Council Meeting July 17, 2012 Ayes: Councilmembers Menikheim, Polehna, Cook, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Discussion of Readex Event Survey Objectives and Costs. Community Development Director Turnblad said the Council that Readex needs more direction on survey questions, and a decision on the sample size. Staff is recommending a four page questionnaire go to 2,000 residents and business owners, a little over 20% of the City population, which would cost a little over $15,000. Funding will come from the lodging tax. Motion by Councilmember Roush, seconded by Councilmembers Menikheim, to proceed with a four page questionnaire and a 2,000 resident sample size. All in favor. NEW BUSINESS Possible approval of variance to Noise Ordinance City Clerk Ward reviewed a request by Ms. Lisa Gillett and Mr. Rodney Richardson to hold a reception in their backyard at 1524 Olive Street West. They are planning to have amplified music and request a variance to the noise ordinance until midnight (12:00 a.m.). Permission has been obtained from adjoining neighbors. They were informed if there are complaints they will be asked to tone down the music. Councilmember Roush suggested cutting off amplified music at 11 p.m. but allowing the event to continue to midnight. Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the variance to 11:00 p.m. for the Noise Ordinance. All in favor. Setting Canvassing Board Dates for Primary & General Elections Motion by Councilmember Cook, seconded by Councilmember Polehna to set the primary canvass date for 8 a.m. Thursday, August 16, and the general canvass date for 8 a.m. Thursday, November 15, 2012. All in favor. Possible award of contract for demolition of farm house and garage on future armory site Community Development Director Turnblad reported bids were received to demolish two of the three buildings at 13129 Boutwell Road, and to abandon and cap the septic system and the well. City staff is hoping to find someone to demolish the barn at no charge for the value of the wood. Staff recommends awarding the work to Bell's Trucking at a cost of $9,300. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -114, award of contract for demolition of farm house and garage on future armory. Page4of6 City Council Meeting July 17, 2012 Ayes: Councilmembers Menikheim, Cook, Roush, Polehna and Mayor Harycki Nays: None Possible approval of plans and specifications and authorization for advertisement for bid Public Works Director Sanders reported that the Washington County Transportation Department has completed the plans and specifications for the Third Street South Improvement Project. It includes narrowing and reconstructing Third Street from Orleans Street to Walnut Street and constructing a sidewalk on the east side of the street. Although it is a county -led project, the City is assessing a portion of its cost to affected property owners, so it must approve the plans and authorize the advertisement for bids. Work should get started in September and be completed by the end of October. Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt Resolution 2012 -115, approve plans and specifications and ordering advertisement for bids for the Third Street South Street Improvement Project (Project 2012 -04). Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Possible approval of irrigation at Northland Park Public Works Director Sanders explained existing irrigation needs to be replaced in the lower ballfield. Staff is recommending the low bidder, WaterWorks. Total project costs are estimated at about $16,000 with funding to come from the parks capital outlay in the 2012 budget cycle. Motion by Councilmember Polehna, seconded by Councilmember Cook, to approve WaterWorks for the installation of the irrigation system in Northland Park for $10,900 and $1,200 for pipe upgrade and an additional $5,000 for connection to existing water. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna pointed out that the Yellow Ribbon Committee is still working on putting together the Pheasant Hunt for the Troops. Councilmember Cook informed the Council that she is still trying to schedule a meeting with the Coast Guard regarding the lift bridge schedule. Another conference call is scheduled for July 24. Councilmember Polehna complimented the staff on how well the Fourth of July fireworks went. He has heard a lot of positive comments. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:53 p.m. All in favor. Ken Harycki, Mayor Page 5 of 6 City Council Meeting July 17, 2012 ATTEST: Diane F. Ward, City Clerk Resolution 2012 -106, Stillwater Human Rights Award Jan Spreeman Resolution 2012 -107, Directing the Payment of Bills Resolution 2012 -108, appointing election judges and fixing compensation Resolution 2012 -109, approving proposal from Cornerstone Landscaping for Eminent Domain Survey Resolution 2012 -110, authorizing the call of the outstanding general obligation water revenue bonds, series 2000B Resolution 2012 -111, adopting assessment for tree removal Resolution 2012 -112, approval of agreement of assessment and waiver of irregularity and appeal Resolution 2012 -113, approval of Change Order #3 Main Street Pedestrian Walkway Site Work Resolution 2012 -114, award of contract for demolition of farm house and garage on future armory Resolution 2012 -115, approve plans and specifications and ordering advertisement for bids for the Third Street South Street Improvement Project (Project 2012 -04) Page 6 of 6 WRIEREAS, the Minnesota Crime Trevention Association, along with AJIA of innesota/Iowa, and k.cal" km enforcement agencies are sponsoring a statewide program cal& Night to unite on August Ttfi, 2012. increase pii6fic safety for a a- citizens- a NOW, (IMEIWOE, I AlayorKpn Ifatycki do hereby caltupon a�citizens in the City Saltwater to participate in Night to 'Unite on August 7,2012. TYVKIMER, LET FIVE KESOLVED ¶IWXtI, alayorl(pn .7fatyc4, do hereby proc truestkiy, _August 7th, 2012, Night to 'Unite in the City of Stillwater. City od tiPQt atek, utA tnnesota Citieate o f poeciation pkesertted to RESOLUTION 2012 -119 MARY SWIFT WHEREAS, .74Alt/ SWIFT; IS RETIRING FROM CIf"y EMPLOYMENT; EFFECTIVE AUGUST 1, 2012. NOW 7- HERE,TORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLN. TER, MINNESOTA, THAT- FOR HER DEDICATED SERVICE TO THE CITY OF STILLWATER, MARY SWIFT IS .9-LEREBY COMMENDED FOR SERVING THE CIT-y F PI-H ULLy, EFFICIENTLY AND COURTEOUSLY FOR OVER 11 YEARS. THE COUNCIL REGRETS T3 -CELT 'SHE IS RETIRING FROM CITY EMPLOYMENT BUT' EXTENDS TO 3-1ER THEIR APPRECIATION FOR HER DEDICATED SERVICE. BE IT TURTHER RESOLVED, '2 LAT'T31E CITY CLERx IS HEREBY AUTHORIZED AND DIRECTED TO ENTER TJ-(IS CERTIFICATE OF APPRECIATION UPON THE OFFICIAL RECORD OF2"3--fE co'UNCIL AND T'O DELIVER .fit CERTIFIED COPY 'I-HEREOF TO MARY .ADOPTED BY THE CITY COUNCIL T.3 -CIS 31STD.AIy OFJULIy, 2012. Youth Service Bureau rig viourtg ',vet www.ysb.net STILLWATER Historic Court House 101 W. Pine Street Stillwater, MN 55082 Phone: 651-439-8800 Fax: 651- 439 -1040 WOODBURY 1976 Wooddale Drive Suite 4 Woodbury, MN 55125 Phone: 651-735-9534 Fax: 651-735-8986 COTTAGE GROVE 7064 W. Point Douglas Rd. Suite 201 Cottage Grove, MN 55016 Phone: 651-458-5224 Fax: 651-458-5310 July 2, 2012 The Honorable Ken Harycki, Mayor of Stillwater City of Stillwater 216 Fourth Street Stillwater, MN 55082 Dear Mayor Harycki, For over 30 years, Youth Service Bureau (YSB) has served the City of Stillwater and the St. Croix Valley area. With your support we have built partnerships with other communities, law enforcement, schools, parents, families and the courts to better meet the changing needs of youth and their families. We ask that you continue this partnership in 2013 by allocating $12,000 through a Purchase of Service Agreement. I have discussed this recommendation with Larry Hansen and enclose a model agreement for your review, along with a report showing the number of youth served in 2010 and 2011. With resources shrinking across all sectors, we are especially proud that over $8 is returned for every $1 invested in early intervention due to reduced truancy, improved school performance, reduced near -term court costs, reduced need for social services, and improved health outcomes. In addition, 85% of the over 1,600 youth served last year will not reoffend, and 75% of the families involved in counseling report improvement. YSB is committed to ensuring access to respectful and affordable programs and services that promote and aid in building healthier youth, families and communities. YSB staff take pride in responding promptly to service requests with flexible scheduling, affordable fees that can be waived and neighborhood based locations. I look forward to joining you at your City Council meeting on July 3rd when I will share information about the services we've provided to Stillwater's youth and their families and the outcomes of those services. Thank you for your consideration and years of support in finding local solutions that help young people and their families realize their strengths, find solutions and create positive futures. Sincerely, • e—retC Mary E. Planten -Krell Executive Director Youth Service Bureau, Inc Services Provided - Stillwater 2010 2011 REFERRAL TYPE: Referrals % Referrals % Wash Cty Corrections 101 30.1% 110 19.0% Wisconsin Municipal Courts 2 0.6% 1 0.2% Police Departments Bayport PD 1 0.3% 1 0.2% Eau Claire PD 0 0.0% 1 0.2% Maplewood PD 7 2.1% 1 0.2% Stillwater PD 36 10.7% 57 9.8% Washington Cty Sheriff 2 0.6% 4 0.7% Woodbury PD 1 0.3% 0 0.0% Medical 5 1.5% 7 1.2% Other NPO 2 0.6% 2 0.3% YSB Internal referrals 11 3.3% 21 3.6% Parent/Family /Guardian 13 3.9% 38 6.6% Self 29 8.6% 84 14.5% School Staff 122 36.3% 249 43.0% Wash Cty Social Services 4 1.2% 3 0.5% TOTAL Referrals 336 579 SERVICE PROVIDED # Services Cost # Services Cost AWARENESS CLASSES CAP - Chemical Use 29 $3,263 22 $2,420 FAP - Fire Awareness 3 $202 2 $135 HAC - Tobacco 8 $540 14 $924 PAC - Anger & Fights 9 $1,215 4 $528 TAP - Theft 18 $2,025 13 $1,430 GENERAL ASSESSMENT 66 $8,910 83 $10,956 CWS - Work service 90 $6,075 92 $6,072 RESTORATIVE JUSTICE 23 $6,210 15 $3,960 TEEN INTERVENE 2 $900 4 $1,760 COUNSELING 54 $38,875 76 $23,500 CHEM HEALTH PREVENT 87 $34,800 216 $86,400 YCAPP - Suspension alternative 53 $15,900 113 $33,900 CAMP 3 $135 7 $308 TOTAL 445 $119,050 661 $172,293 7/2/2012 Youth Service Bureau, Inc Services Provided - Stillwater 2010 2011 YOUTH'S RESIDENCE Referrals Undup Referrals Undup Afton 1 1 17 12 Bayport 0 0 18 12 Baytown Township 2 2 11 7 Grant 3 1 12 8 Hugo 2 2 2 2 Lake Elmo 0 0 49 39 Lake St Croix Beach 0 0 2 2 Lakeland 7 5 22 15 Maplewood 0 0 1 1 Marine on St. Croix 2 1 6 4 May Twp 5 4 18 16 Oak Park Heights 8 5 15 12 Oakdale 0 0 1 1 Roseville 0 0 1 1 South St Paul 0 0 2 1 St Marys Point 0 0 1 1 St Paul 0 0 2 2 Stillwater 302 197 315 211 Stillwater Twp 2 2 25 18 West Lakeland Twp 1 1 17 12 West St. Paul 1 1 1 1 White Bear Lake 0 0 1 1 Woodbury 0 0 40 28 TOTAL 336 222 579 383 Note: Data set is all youth under the purview of the department, including residents, those attending school within the jurisdiction's boundaries and those arrested within the jurisdiction. 7/2/2012 CITY OF YOUTH SERVICE BUREAU, INC. PURCHASE OF SERVICE AGREEMENT The City of [ 1, City Hall, [address j, hereinafter referred to as the "City," and Youth Service Bureau, Inc., 101 West Pine Street, Stillwater, Minnesota, 55082, hereinafter referred to as the "Contractor," enter into this agreement for the period from January 1, 2012, to December 31, 2012. WHEREAS, the mission of the City is to build safer communities by repairing the harm from, reducing the risk of, and involving the community in the resolution of juvenile crime; WHEREAS, the City is committed to using community -based approaches to strengthen individuals, families, and community; WHEREAS, the City has identified the following outcomes for juvenile diversion and early intervention: Juvenile offenders will be held accountable for their actions by engaging in activities that repair the harm done to the victim and community and will participate in programs that promote an increased understanding of the impact of their offense on victims, communities, and themselves; Crime victims will be notified of diversion proceedings; will have opportunities to provide input; and, if willing, will have the opportunity to participate in the process; Community members will have active and direct involvement in programming; WHEREAS, the City, pursuant to its goals of providing accountability and the most appropriate diversion and early intervention available to juvenile offenders, wishes to purchase services for youth involved in at -risk behavior from the Contractor to support these outcomes; NOW, THEREFORE, the parties agree as follows: 1 Contractor's Duties — The Contractor agrees to the provision of the following services: a. Recruit and support community work - service sites. Supervise and monitor community work - service clients who are ordered by the court and /or referred by the City and /or local law enforcement. b. Educational and prevention programs, specifically as follows: chemical awareness, fire awareness, theft awareness, violence awareness, or another approved alternative. Eligible juveniles include those who are referred by the City or local law enforcement. The reason for the referral must be behavior or actions that could result in a local law enforcement report and a petition for delinquency. c: Evaluation and counseling. Counseling services include crisis intervention, youth, and family and group counseling. Referrals will be made for psychological/ psychiatric evaluation and long -term mental health treatment. d. The City agrees to provide victims of crimes diverted by local law enforcement the opportunity for direct or indirect involvement into how the juvenile should be held accountable, including consideration of the impact of the crime on the victim and any specific needs for restitution. When necessary, due to the offense, restitution will be determined and collected. e. When possible and appropriate, facilitate restorative justice interventions, such as victim /offender mediation, family group conferencing, and /or community panels, so that juvenile offenders are held direct accountable to the victim and victimized community through some form of reparation. 2. Attachments and References — The Contractor agrees to provide the enumerated services in Exhibit A, which is attached and incorporated herein by reference. 3. Cost and Delivery of Purchased Services — The total amount to be paid to the Contractor for services purchased under this agreement shall not exceed ($) . For these services, the City agrees to make (annual /quarterly) payment(s) to the Contractor of ($) on or about 4. Eligibility for Services — A Ramsey or Washington County resident between the ages of five and eighteen (or older if still in high school), their family members, and the victims of juvenile crime who are assessed to be appropriate shall be eligible for the services provided under the terms of this agreement. 5. Evaluation, Reporting, and Information Requirements — The Contractor agrees to reasonable evaluations of its programs, employees, and volunteers and makes them available for review by the City if so requested. The Contractor agrees to comply with all reporting requirements as assigned by law, rule, or contract by the State of Minnesota and Ramsey County. The Contractor further agrees to abide by all laws and rules regarding confidentiality and data practices. The Contractor agrees to provide necessary information allowed by law and deemed necessary by the City and /or local law enforcement on referred cases. 6. Indemnification — The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents for all claims arising out of the Contractor's activities related to the services provided under this agreement up to the liability limits set forth in Minn. Stat. 466.04. The City will indemnify the Contractor, from and against all liability up to the liability limits set forth in Minn. Stat. 466.04. No other provision of this agreement shall serve to limit in any way the obligations of the Contractor to indemnify and defend the City under this clause. 7. Insurance Requirements — The Contractor agrees that in order to protect it self, as well as the City, from claims arising out of the Contractor's activities under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing the following liabilities: professional liability insurance policy in the minimum amount of Four Hundred Thousand Dollars ($400,000) bodily injury or death of one person; One Million Two Hundred Thousand Dollars ($1,200,000) for bodily injury per occurrence; comprehensive general liability insurance policy in the minimum amount of Four Hundred Thousand Dollars ($400,000) bodily injury or death of one person; One Million Two Hundred Thousand Dollars ($1,200,000) bodily injury per occurrence; One Million Dollars ($1,000,000) property damage; automobile insurance, including non - owned and hired autos, in the minimum of Four Hundred Thousand Dollars ($400,000) bodily injury or death of one person; One Million Two Hundred Thousand Dollars ($1,200,000) bodily injury per occurrence; and One Million Dollars ($1,000,000) property damage. The Contractor further agrees to maintain Workers' Compensation insurance in the statutory amounts. Certificates of Insurance showing the coverage listed herein shall be provided to the City prior to the effective date of this contract. 8. Data Privacy — All data collected, created, received, maintained, or disseminated for any purpose by the activities of the Contractor because of this agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as amended, the Minnesota Rule implementing such Act now in force or as adopted, as well as federal regulations on data privacy. 9. Record Disclosures /Monitoring — Pursuant to Minn. Stat. 16C.05, Subd. 5, the Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this agreement. The Contractor agrees to maintain these records for a period of three years from the date of termination of this agreement. 10. Nondiscrimination — During the performance of this agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 11. Independent Contractor — Nothing contained in this agreement is intended or should be construed as creating the relationship of co- partners or joint ventures with the City. No tenure or any rights or benefits, including Workers' Compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to the Contractor or employees of the Contractor performing services under this agreement. 12. Conditions of the Parties' Obligation — This agreement may be canceled by either party at any time, with or without cause, upon 30 days' notice, in writing, delivered by mail, or in person. Any alterations, variations, modifications, or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing, duly signed by both parties, and attached to the original of this agreement. 13. Compliance With Law — The Contractor shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted insofar as they relate to the Contractor's performance of the provisions of this agreement. 14. Firearms — Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including, but not limited to, employees, agents, or subcontractors of the Contractor shall carry or possess a firearm on City premises. Violation of this provision shall be considered a substantial breach of the agreement. Violation of this provision is grounds for immediate suspension or termination of this contract, without notice, pursuant to Section 12. 15. Savings Clause — If any section of this agreement is found to be invalid or not enforceable, the remainder of the agreement will remain in force and binding. 16. Governing Law — The laws of Minnesota shall govern the interpretation and prosecution of this agreement. 17. Notices — If any official correspondence concerning this agreement needs to be communicated to the other party, the following shall be deemed the effective addresses: As to the City: As to the Youth Service Bureau: [City 1 [Address 1 Youth Service Bureau, Inc. 101 West Pine Street Stillwater, MN 55082 IN WITNESS THEREOF, the City and the Contractor have executed this agreement this day of ,2012. APPROVED AS TO FORM By: By: City Attorney Mayor, City of [city 1 By: City Manager, City of [city By: Executive Director, Youth Service Bureau, Inc. Actual 3/19/12 tl} ill 0 0 O O O O O O N N' M' V} i/} 0 S O d O et N m t1f Cash Flow Projections 2012 v1 .0 ��-t N V} V► N e-1 0 N x f" N be* Ecr 1 o J r 0 U' .1 v Q • L. • E o • NI,* c Q t o `B m ; 0 a c . . ; u° 0 O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 6n Ul 0 Cr 0 0 0 0 0 t.t1 0 0 r 1 LA N N O t-I e-I N V} V) • tn. V} VI V> tn. V� V} V} ih t!Y Ice Cream Social Cruisin on Croix Bed & Breakfast Tea to A co Z7 H O to cn = tp - • L. A j tn O 1.. LL C N 1— a aJ s0 t 1'2 I- o u" a ++ E U < u c L U Q Q m c m vii = 0° LI v)i a Paint town Red IBA S 0 oI 0 0 f� In M M N 0 u° To Contract Services 0 0° Q t11 0 N Barb Trueman Total Contract Services Total Ad Design 0 0 ci 0 0 0 0 -1 0 0 0i 0 0 ao 0 0 0 0 0 tri 0 ci Ln III 'tLLfl 0 0 la 0 0 8 ' CO 8 8 00 rrl c 0 0 0 0 0 0 0 In 0 0 to 0 Cs KT ul N Qrnmo Lnrncm 1 co' ri Constant Contact 0) 2012 EMT G 1- iliwater Guidebook • 0 0 u, '.0 00 1-4 I/T 4/1- •U'f- O ▪ 44 u C c E = c a. • u_ ent Distribute CO an N -te 0 UJ a) t.5 111 0 SCRTA Guide IVIBBA Guide Lfl 00 Q 00 00 ▪ Lr) !NI • V). 0 0 0 0 0 a 0 0 0 0 q in u1 0 0 r.-: ni ci O I-1 Lf1 0 IN r-1 L.0 00 tn. ttl• 0 0 0 8 In ID 0 0 0 0 0 V I O N O M 01 0 0 0 ni Lri eti v1:- • o o Ifl 00 o 0 if 0 Mr 0 VI 0 0 0 0 0 01 0 Cr 1.0 0 1.0 Ls') 0 h t.0 01 tri. ("Is V} tf). ifs. (A. $ 12,495 • $ 1,600.00 $ 150.00 $ 1,200.00 $ 5,350.00 $ 8,300.00 $ 6,000.00 in• 2 aJ c C • C OD my • >• m ce) 3 co •r: 2 to m W W cu ▪ 1— on Lu a. 2 w z To 2 The Knot E-Blast edding.com online zines & Newspapers u 01 KS95 IBA Co-Op 0 OS 01 N ,-4 t0 00 01 01 C) m is en m rn N C}' ti m 1.4 t4 in. i/? M m rri rn t0 vr to to N in M en m er N t■ LA m i/M N .c ++ 0 0 m iO CL W Chamber Expo 0 0 N Total Expo Booths N c O Mp L d o. 0 S us al) O o 0 1-1 N N O hi Ln A 0. 0 v C7 X OS a; w w c r O � c nu.c c to • c O. 1L1 a H d 0.. to t� 2 2 0 0 M !ri Total Operations 70 bb d J 00 0 O 14 1.4 Ranum Law O O 0 N 0 STILLWATER AND OAK PARK HEIGHTS CVB Profit & Loss January 1 through March 19, 2012 Ordinary Income/Expense Income LODGING TAX INCOME Lodging Tax OPH Lodging Tax Stillwater Jan 1 - Mar 19, 12 6,559.57 28,778.38 Total LODGING TAX INCOME 35,337.95 Total Income 35,337.95 Expense Contract Services Jean Freidl Commuications 2,000.00 Barb Trueman 3,200.00 Total Contract Services 5,200.00 MARKETING Logo / Ad design 340.00 Internet Google Ad Words 1,000.00 Total Internet - 1,000.00 Explore Minnesota Gold Membership 7,500.00 EMT Explorer Listing 425.00 Total Explore Minnesota 7,925.00 Stillwater Visitor's Guide Postage Fuilfillment 1,068.01 Total Stillwater Visitor's Guide 1,068.01 Other Guidebooks SCRTA Guide 1,455.00 MBBA Guide 650.00 Mpis/St. Pau(Guide 5,500.00 Total Other Guidebooks 7,605.00 Meetings Midwest Meeting Guide 2,500.00 Minnesota Meetings & Events 500.00 Total Meetings 3,000.00 Groups EMT Group Travel Planner 2,300.00 Total Groups 2,300.00 Weddings • The Knot Online & Magazine 2,117.50 The Knot E -Blast 652.50 MyWedding .cam online 800.00 Total Weddings 3,570.00 Radio Ads KS95 IBA Co-Op 655.00 Total Radio Ads 655.00 Tradeshows 1,200.00 Total MARKETING 28,663.01 Operations Postage, Mailing Service 200.69 Supplies 433.89 Telephone, Telecommunications 197.92 Meeting Expense 314.91 Total Operations 1,147.41 Other Types of Expenses Page 1 STILLWATER AND OAK PARK HEIGHTS CVB Profit & Loss January 1 through March 19, 2012 Jan 1- Mar 19, 12 Legal Fees 693.35 Total Other Types of Expenses 693.35 Total Expense 35,703.77 Net Ordinary Income - 365.82 Net Income -365.82 Page 2 STILLWATER AND OAK PARK HEIGHTS CVB Balance Sheet As of March 19, 2012 ASSETS Current Assets Checking/Savings Central Bank Total Checking/Savings Mar 19, 12 233.12 233.12 Total Current Assets 233.12 TOTAL ASSETS LIABILITIES & EQUITY Equity Unrestricted Net Assets Net Income Total Equity 233.12 598.94 - 365.82 233.12 TOTAL LIABILITIES & EQUITY 233.12 Page 1 co 0 Paid Amount 0 0 0 o o ci tL N VALLEY TROPHY 0 0. 8 8 8 S 1- CD 0 0 Lo C 8 F WEDDING PAGES 8 N N 0 0 RANUM LAW OFFICES 0 co (o 0 co co 8 8 8 § Central Bank PUBLICATIONS cJ 0 0 0 88 od Meetings & Events Central Bank MINNESOTA BED 0 ci co MBBA Guide 0 0 8 0 0 0 0 Ad -J 1— 0 I- 0 I— o 0 .c 0 c 0 1— 0 I— 0 I— 0 I— C.) 1— 5 0 0 E E Telephone, Tel 0 0 0 to 0 0 co OUNT PIXE co .u) 0 uj Lu G .:z O g O cal 0 a cr - J 1= ocoo00 ociocio 0 co o o co c•-) 8 8888 , 1\ .J 0 Stillwater /Oak Park Heights Lodging Tax 2011 Year -End Comparison over 2010 Tax Collected by CVB Total Lodging Revenue 2010 2011 % Incr $ Incr 151,662 174,161 14.8% $22,499 5,055,400 5,805,366 14.8% $749,966 Above figures include Stillwater and Oak Park Heights. The CVB spent approx $120,000 promoting Stillwater in 2011. Minnesota Lodging Revenue Increase for 2011 over 2010: 8.9% In 2011 the Stillwater area did not have any new industry, construction projects, new attractions or events that would account for this increase in lodging for overnight stays. The CVB did make a strong advertising, PR and expo booth push for wedding, honeymoon and meeting business in 2011, plus general overall advertising. We conclude that the additional PR and advertising in 2011 made a difference in lodging revenue. RESOLUTION 2012 -116 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 $960,242.04 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 31st day of July, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -116 1st Presbyterian Church Air Down There Amano McGann, Inc. AMEM Ancom APWA Aramark Uniform Services, Inc Aspen Mills Bloom Engineers LLC Breezy Point Resort Carquest Auto Parts Carte Graph Systems, Inc. CDW Government, Inc. Clareys Safety Equipment Comcast Cub Foods Egger Alison Eichten Tom Emergency Medical Products, In ESI Engineering, Inc. Fastenal Company Fred's Tire Frontier Ag & Turf Fury Dodge Chrysler Gopher Bearing Grafix Shoppe Grainger Hardrives Inc. Heritage Embroidery & Design Heritage Printing, Inc. Iceman Industries, Inc. Jefferson Fire & Safety, Inc. Kirvida Fire, Inc. Lake Elmo Oil Linner Electric Co. Loffler Companies, Inc. Mac Queen Equipment Inc. Madden.Galanter.Hansen LLP Magnuson David Marchetti Joe Menards Metropolitan Mechanical Contractors, Inc. Mitchell Ryan M.J. Raleigh Trucking Inc. Park Deposit Refund Scuba Annual Service Parking Ramp Final Stuart Glaser - Conferrence Battery APWA member fee Mats & Uniforms Uniforms CAD services Stuart Glaser conference Auto Parts Cartegraph Database Security Maintenance Ipad case Inspection Internet Meeting Refreshments- Fire & Elections Reimburse Alison for office supplies Reimburse Tom Eichten for coffee @ Rec Center Back board and straps Chiller noise control prof services Supplies Tire Change & Repair Gasket and cover Auto Repairs Couplings Kit for 2013 Interceptor SUV Ceiling fan Street Improvement Projects Jackets Hockey brochures Dust Control on gravel roads Helmets Engine #2 repairs Fuel Wire rebuilt motors Professional service for upgrade to vmwa SCR -HDLT Adjust Plastic Base Labor relation services Professional services Reimburse Joe for bag of floor dry Supplies Maintenance agreement Reimburse Ryan for Cuff Case Public Rest Rooms - Lowell Park 100.00 583.23 9,743.33 130.00 106.50 205.00 564.46 298.95 5,724.95 555.00 138.26 1,550.00 114.43 384.22 206.90 78.51 18.52 9.99 217.81 730.00 122.55 91.20 270.28 1,871.98 505.51 575.00 364.75 709, 298.58 227.91 232.24 1,218.38 630.98 818.21 23.00 1,236.50 2,354.91 18.52 736.16 8,442.71 21.26 2,071.40 2,162.00 40.48 1,485.00 EXHIBIT "A" TO RESOLUTION #2012 -116 MnFIAM Book Store NAPA Auto Parts Office Depot Papco, Inc. Ready Watt Electric Reliance Electric Motors RES Specialty Pyrotechnics, Inc. Ricoh USA, Inc. RiedelI Shoes, Inc. River Valley Printing Sander Wacker Bergly Inc. Sherwin Williams St. Croix Tree Service Inc. Stillwater Motor Company Sun Newspapers Sunlit Photography T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply USAble Life Verizon Wireless Viking Industrial Center Walmart Washington Conservation Distr Washington County Assessment & Taxation Washington County Sheriff's Office Washington County Transportation Waste Management - Blaine Water Works Irrigation LLC Wingfoot Commercial Tire Wulfing Dave Yocum Oil Company LIBRARY Aramark Brodart BWI Comcast Midwest Tape MN Dept. of Education Recorded Books Toshiba Value Line Washinton County Library Book Marine Firefighting Auto Parts Supplies Anderson plug Work on Siren 6 Lily Lake Rewind 50 LP Elec Motor Fireworks, sound system & DJ Copier contract billing Resale skates Business cards Pedestrian Walkway Landscape Arch Sery Paint Tree Removal Auto Repairs Publications Firefighter portraits Fine Asphalt Supplies Term Life Insurance CeII phone & Internet Gloves Supplies 2nd Qtr billing for shared educator TIF Pymt Report 1st half 2012 2nd Qtr mdc's Traffic Services Roll -off @ Lily Lake Community garden & water meter install Tires for Jetter Reimburse Dave for K9 boarding Fuel Rug & towel service Library materials Library materials Telecommunications Audiovisual materials Pamphlets Replacement audiobook Maintenance contract Reference subscription Various Page 2 53.44 20.08 546.40 18.85 815.00 2,787.50 35,000.00 204.11 460.82 134.67 1,667.75 1,358.85 3,004.03 1,163.50 23.10 112.22 1,795.72 10.51 412.80 1,510.57 110.89 173.34 554.25 35.00 5,250.00 351.79 725.40 2,608.69 2,606.38 90.00 14,409.62 48.62 1,896.36 3,027.97 56.90 198.70 16.00 260.20 33.38 269.00 1,775.52 EXHIBIT "A" TO RESOLUTION #2012-116 Page 3 ADDENDUM Century Link Telephone 4031 Dan Clark Cleaning City Hall & Public Works 1,057.50 Delta Dental August COBRA 243.30 Meisinger Construction Pedestrian walkway site work 83,04837 St Croix Boat & Packet June Ramp Cleaning 750.00 Stillwater RotoryClub 3rd Qtr membership 182.50 Xcel Electricity, Gas 33,042.56 Total Adopted by the City Council this 31th Day ofJuly, 2012 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -116 1st Presbyterian Church Air Down There Amano McGann, Inc. AMEM Ancom APWA Aramark Uniform Services, Inc Aspen Mills Bloom Engineers LLC Breezy Point Resort Carquest Auto Parts Carte Graph Systems, Inc. CDW Government, Inc. Clareys Safety Equipment Comcast Cub Foods Egger Alison Eichten Tom Emergency Medical Products, In ESI Engineering, Inc. Fastenal Company Fred's Tire Frontier Ag & Turf Fury Dodge Chrysler Gopher Bearing Grafix Shoppe Grainger Hardrives Inc. Heritage Embroidery & Design Heritage Printing, Inc. Iceman Industries, Inc. Jefferson Fire & Safety, Inc. Kirvida Fire, Inc. Lake Elmo Oil Linner Electric Co. Loffler Companies, Inc. Mac Queen Equipment Inc. Madden.Galanter.Hansen LLP Magnuson David Marchetti Joe Menards Metropolitan Mechanical Contractors, Inc. Mitchell Ryan M.J. Raleigh Trucking Inc. MnFIAM Book Store Park Deposit Refund Annual Service Parking Ramp Final Stuart Glaser - Conferrence Battery APWA member fee Mats Uniforms CAD services Stuart Glaser conference Auto Parts Cartegraph Database Security Maintenance 'pad case Inspection Internet Meeting Refreshments Reimburse Alison for office supplies Reimbursement to Tom Eichten for coffee Back board and straps Chiller noise control prof services Supplies Tire Change Gasket and cover Auto Repairs Couplings Kit for 2013 Interceptor SUV Ceiling fan Street Improvement Projects Jackets Hockey brochures Dust Control on gravel roads Helmets Engine #2 repairs Fuel Wire rebuilt motors Professional service for upgrade to vmwa SCR -HDLT Adjust Plastic Base Labor relation services Professional services Reimburse Joe for bag of floor dry Supplies Maintenance agreement Reimburse Ryan for Cuff Case Public Rest Rooms - Lowell Park Book Marine Firefighting 100.00 583.23 9,743.33 130.00 106.50 205.00 377.90 298.95 5,724.95 555.00 138.26 1,550.00 114.43 384.22 206.90 78.51 18.52 9.99 217.81 730.00 122.55 91.20 287.47 1,871.98 505.51 575.00 364.75 709,298.58 227.91 232.24 1,218.38 630.98 818.21 23.00 1,236.50 607.50 18.52 736.16 8,442.71 21.26 2,071.97 2,162.00 40.48 1,485.00 53.44 EXHIBIT "A" TO RESOLUTION #2012 -116 NAPA Auto Parts Office Depot Papco, Inc. Ready Watt Electric Reliance Electric Motors RES Specialty Pyrotechnics, Inc. Ricoh USA, Inc. RiedelI Shoes, Inc. River Valley Printing Sander Wacker Bergly Inc. Sherwin Williams St. Croix Tree Service Inc. Stillwater Motor Company Sun Newspapers Sunlit Photography T.A. Schifsky & Sons, Inc. Toll Gas & Welding Supply USAble Life Verizon Wireless Viking Industrial Center Walmart Washington Conservation Distr Washington County Assessment & Taxation Washington County Sheriff's Office Washington County Transportation Waste Management - Blaine Water Works Irrigation LLC Wingfoot Commercial Tire Wulfing Dave Yocum Oil Company LIBRARY Aramark Brodart BWI Comcast Midwest Tape MN Dept. of Education Recorded Books Toshiba Value Line Washinton County Library Auto Parts Supplies Anderson plug Work on Siren 6 Lily Lake Rewind 50 LP Elec Motor Fireworks, sound system & DJ Copier contract billing Skates Business cards Pedestrian Walkway Landscape Arch Sery Paint Tree Removal Auto Repairs Publications Firefighter portrait Fine Asphalt Supplies Term Life Insurance Cell phone & Internet Gloves Supplies 2nd Qtr billing for shared educator TIF Pymt Report 1st half 2012 2nd Qtr mdc's Traffic Services Roll -off Community garden & water meter install Tires for Jetter Reimburse for K9 boarding Fuel Rug & towel service Library materials Library materials Telecommunications Audiovisual materials Pamphlets Replacement audiobook Maintenance contract Reference subscription Various Page 2 20.08 491.94 18.85 815.00 2,787.50 35,000.00 204.11 460.82 134.67 1,667.75 1,358.85 3,004.03 1,163.50 23.10 112.22 1,795.72 10.51 412.80 1,510.57 110.89 173.34 554.25 35.00 5,250.00 351.79 725.40 2,608.69 2,606.38 90.00 14,409.62 48.62 1,896.36 3,027.97 56.90 198.70 16.00 260.20 33.38 269.00 1,775.52 Memo DATE: July 23, 2012 TO: Mayor and City Council FROM: Sharon Harrison\ Finance Director RE: Abatement Request BACKGROUND In December of 2012, the City certified a delinquent utility bill onto a "common element parcel" (created only for tax purposes by the County) PID #30.030.20.32.0113 for payable 2013. According to Washington County, the City can not certify to a common element parcel and the assessment must be abated. RECOMMENDATION Staff recommends abating the assessment from the property taxes for the payable year 2013 for PID #30.030.20.32.0113 in the amount of $2,541.00 (Principal $2,310.00; Interest $231.00). Staff also recommends that the principal amount of $2,310.00 be placed back on the utility bill for possible recertification in 2014 (if the balance is not paid by the owner by November 15`h) ACTION REQUIRED If Council agrees with staff's recommendation, Council needs to pass a resolution abating the assessment from the 2013 property taxes for PID #30.030.20.32.0113. RESOLUTION 2012 -117 A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN SPECIAL ASSESSMENTS WHEREAS, Parcel ID No. 30.030.20.32.0113 was assessed for a delinquent utility bill payable 2013 and certified to Washington County; and WHEREAS, the abatement request of that certification is because it was certified to a common element parcel which cannot be done (principal amount $2,310.00, interest amount $231.00 = $2,541.00) NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated. Adopted by the City Council this 31st day of July, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2012 -118 RESOLUTION ADOPTING ASSESSMENT FOR TREE REMOVAL WHEREAS, a request by Thomas George Athmann and Robin Jean- Rorvick Athmann was made for action of the City to remove a large cottonwood tree at the Owner's property at 884 Sunrise Court; and WHEREAS, that request and an agreement of assessment and waiver of irregularity and appeal has been approved by the City Council on July 17, 2012; WHEREAS, said agreement has been signed by Thomas George Athmann and Robin Jean- Rorvick Athmann WHEREAS, the property is described as 884 Sunrise Court, Stillwater, MN 55082, CROIXWOOD SECOND ADD Lot 17 Block 4, Parcel No. 32.030.20.23.0019 and the amount to be assessed is 1,500.00, including any tax and fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2012. If the assessment is not paid by November 15, 2012, accrued interest from the date of the adoption of the assessment roll through December 31, 2012 will be added with the first installment due in 2013. If payment is not received by November 15, 2012, the amount listed above will be collected over a 3 -year period with interest added at 4.5% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 31st day of July, 2012. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk Memo DATE: July 26, 2012 TO: Mayor and City Council FROM: Sharon Harrison Finance Director RE: Audit Services BACKGROUND The City's contract with CliftonLarsonAllen for audit services has expired. At the last council meeting of July 17th, Tom Koop presented you with a proposal for audit services for the next six years with a zero percent increase for audit year 2012 and a minimal increase beginning with the audit year 2013. RECOMMENDATION Audit prep for new auditors can be a very time consuming process, even for current auditors. Auditors need to be familiar with the City processes, not only with accounting processes but how the city is governed and the different types of services that are provided. And as we all know not every city does it the same way. With new auditors, that brings in the challenge of "starting over" which can take an inordinate amount of time to get them "up to speed ". Because this is a very favorable proposal for a very minimal increase in price and because Mr. Koop and CliftonLarsonAllen have provided the City with excellent and timely audit services in the past, Staff is recommending extending the auditing services with CliftonLarsonAllen for the audit years of 2012 thru 2017 as outlined in their proposal. ACTION REQUIRED If Council agrees with staff's recommendation, Council needs to adopt a resolution awarding audit services to CliftonLarsonAllen for audit services for the audit years of 2012 thru 2017. Clifton LarsonAllen July 17, 2012 Honorable Mayor and City Council City of Stillwater 216 N Fourth Street Stillwater, Minnesota 55082 Dear Honorable Mayor and Members of the City Council: CliftonLarsonAllen LLP 220 South Sixth Street, Suite 300 Minneapolis, MN 55402 -1436 612 - 376 -45001 fax 612 - 376 -4850 www.cliftonlarsonallen.com Our audit of the City of Stillwater's 2011 financial statements represents the 5tt' year of a 5 -year audit agreement dating back to September 10, 2007. We have sincerely enjoyed our relationship as the City's auditor over the years and believe it has been a mutually beneficial business relationship. We also believe we have contributed to the City's internal control processes and financial stability via our audit services and various consultations over the years. At this time, my firm is prepared to offer the City an extension of our auditor relationship at very favorable pricing in connection with a multi -year continued commitment. We are able to commit to NO INCREASE for the 2012 audit and only a I% increase in each of the following years as follows: Audit fee for: 2012 (no increase) $32,586 2013 (1% increase) $32,912 2014 (1% increase) $33,241 2015 (1% increase) $33,573 2016 (1% increase) $33,909 2017 (1% increase) $34,248 Please do not hesitate to contact me should you have any questions about this proposal or any other area where we may be of assistance. Sincerely, Thomas P. Koop, CPA Partner (218) 825 -2903 1\® WAS An independentmwberdNeDialntematia d INTERN AT 10 V AL MAGNUSON LAW FmM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE OFFICE BUILDING 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 TELEPHONE: (651) 439-9464 • FAX: (651)439-5641 www.MAGNusONLAWFIRNLCOm DAVID T. MAGNUSON DTMAG-NusoN@MAGNusoNLAwFutm.com MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, City Attorney DATE: July 26, 2012 RE: Necessary Changes to City Code JOHN D. MAGNUSON JDMAGNUSON@MAGNUsoNLAwFIRm.com Mayor, City Council and Staff: It was recently brought to our attention that a change in the state law requires a slight change to the City Code section dealing with the treatment of stray animals that are impounded by the City. The prior section of the code allowed an animal to be euthanized after being held three days at the impoundment facility. The change in state law now requires that the animal be held for five days and the law further defines those five days as business days rather than calendar days and sets the number of hours that a facility must remain open to qualify as one of the business days. Respectfully submitted, City Attorney ORDINANCE NO.: AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SECTION 27 -1, SUBDIVISION 9 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. Section 27 -1, Subdivision 9 of the Stillwater City Code is . restated to hereafter read as follows: "Subd. 9. Impoundment; notice to owner; disposition of unclaimed animals. Unrestrained animals may be taken by any officer and impounded in an animal shelter. The officer to whom the dog is delivered shall, without delay, notify the owner, personally or through the United States mail, if the owner is known to the officer or can be ascertained with reasonable effort. If, after five regular business days of the impounding, the owner does not claim the dog, the officer may dispose of the dog in a proper and humane manner. For the purpose of this section, "regular business day" means a day during which the establishment having custody of the dog is open to the public at least four consecutive hours between 8:00 a.m. and 7:00 p.m." 2. Saving. In all other ways the City Code will 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 Adopted by the City Council of the City of Stillwater this day of 2012. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor a ter Memo LACE OF m/wwE,o/^ To: Mayor and City Council From: Tim Moore, Assistant PubIic Works Superintenderit Date: July 26, 2012 Re: New Playground Equipment for Millbrook Park DUSCUSSION. Staff would like to proceed with the improvements for the Millbrook Park. We would like to begin with the installation of the playground. Staff has received approval from the Parks and Recreation Commission to purchase and install a new playground for both 5-12 year olds and 2-5 year olds. St. Croix Recreation Co, Inc. has the State contract for playground equipment from BC! Burke Company and has submitted a quote to furnish and install the playground equipment at Millbrook Park for $82,742.44. Other proposed improvements include parking lot, ballfield, gazebo and sidewalks. There is $185,000.00 budgeted for Millbrook Park improvements from the 2012 Parks Capital Outlay Fund. RECOMMENDATION Staff recommends Council authorize approval to enter into a contract with St. Croix Recreation Company, Inc. to furnish and install playground equipment at Millbrook Park for $82,742.44 coming from the 2012 Park Capital Outlay. ACTION REQUIRED If Council concurs with staff recommendation Council should pass a motion approving a contract with St. Croix Recreation Company, Inc. to furnish and install playground equipment at Millbrook Park for $82,742.00.44. APPROVING CONTRACT WITH ST. CROIX RECREATION COMPANY, INC. TO FURNISH PLAYGROUND EQUIPMENT AT MILLBROOK PARK WHEREAS, a proposal for furnish playground equipment at Millbrook Park has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into an agreement with St. Croix Recreations Company, Inc., in the name of the City of Stillwater for playground equipment at Millbrook Park. Adopted by the City Council this 31St day of July 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk it ater THE BIRTHPLACE OF MINNESOTA TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: July 30, 2012 RE: Multi-Person Tour Cycle License BACKGROUND Patricia Wolf has submitted a request for a license to operate a multi-person tour cycle business in downtown Stillwater. The business office and bike storage is located at 222 Commercial Street. As seen in the attached information, the business plans to offer self-pedaled multiple person cycle tours on a fixed route in the downtown area. Both public and private tours will be made available. The public tours are scheduled to last 40 minutes and would allow you to buy a ticket and jump onto a 10-seater cycle with your family and whoever else happens to be there at the time. Groups could reserve a cycle for a private tour. The cycle will be operated by a company employee that will also serve as the tour guide. The requested route starts at 222 Commercial Street and proceeds to 2nd Street; from 2nd Street to Nelson Street; from Nelson Street to Sam Bloomer Way; from Sam Bloomer Way to Myrtle Street; from Myrtle Street to Water Street; from Water Street to Mulberry Point; Around Mulberry Point, back to Water Street and then to the Pedestrian Walkway's north lot; through the parking lot, across Main Street to Commercial Street; return to starting point at 222 Commercial Street. If the City approves the request pending before the Parking Commission to rent an on-street parking space on Water Street immediately north of Myrtle Street, then the tour would begin and end there, rather than at 222 Commercial Street. Tours will be offered each day of the week through the end of October. Hours are set according to the season. Before Labor Day the hours would be Sunday - Thursday from 11 am to 7 pm; Friday and Saturdays from 11 am to 9 pm. After Labor Day, the hours would be Sunday — Thursday from 1 pm to 6 pm; Friday — Saturday 11 am to 6 pm. Next year the operating season would begin on May 1 . Wolf Tour Cycle Page 2 COMMENTS After the first month or so of operation, the business owner plans to come back to the Council to ask for two amendments to her license. 1) The first would be to rent an on- street parking space on Water Street just north of Myrtle. 2) The second would be to add beer as an option for private tours. However, since both of these items could take a while to review and approve, the business owner requested a more basic license to begin with. This is the first self - pedaled tour cycle request in Stillwater that staff is aware of. Given the lack of history, a condition of license approval should be that upon receipt of serious complaints, the license would be reviewed again by the City Council. As with all licenses, this would have to be reviewed and renewed annually. It would expire December 31St NOTES • Due to vacation schedules, and the late date of the license application submittal, neither the Police Chief nor the Public Works Director have had the opportunity to review this request. Their review is necessary before the license can become valid. • The owner's preferred route will be unavailable at times. This will be the case during floods, some events, public construction projects, etc. For example, Sam Bloomer Way is currently closed until the Myrtle Street Gazebo work is completed. Therefore, the license should include a condition that City staff has the authority to reroute the tours as necessary. • At some time in the fairly near future, Sam Bloomer Way may be closed to vehicular traffic. It would then become a pedestrian walk. Whether the pedaled tour bike will be allowed to use the pedestrian route will have to be determined at that time. • Similarly, Mulberry Point may at some time be converted to pedestrian use. • The tour route crosses Main Street at Commercial Street, Myrtle Street at Second Street, and Chestnut Street at Second Street. Each of these crossings is without traffic lights. Therefore, it is important that Public Safety and Public Works staff review the license request before a final decision is made by the Council, or at least before the license becomes valid. ALTERNATIVES There are several alternatives available to the City Council. Some of those alternatives are: A. Approve the requested license with the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Patricia Wolf for the multi - person tour cycle business. Wolf Tour Cycle Page 3 2. Patricia Wolf may operate one multi-person tour cycle in Stillwater in 2012. 3. This license shall be valid from August 1, 2012 to December 31, 2012. 4. No license shall be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000 per occurrence. 5. Operating restrictions and conditions: a. No multi-purpose tour cycle shall be operated upon a public sidewalk. b. No multi-purpose tour cycle shall use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multi-purpose tour cycle. Consequently, each multi-purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multi-purpose tour cycles shall be, at all reasonable times, subject to inspection by the City of Stillwater. e. Multi-purpose tour cycle operators shall have in their possession a valid driver's license while in control of any multi-purpose tour cycle, and shall operate the multi-purpose tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. All multi-purpose tour cycle operators shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. g. The City reserves the right to alter or limit multi-purpose tour cycle operations to specified routes and streets if required for public safety reasons. h. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi-person tour bikes access to these areas. i. The City reserves the right to require that any idle multi-purpose tour cycle be parked in a specified location while idle or waiting for customers. j. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license shall be placed on the next available City Council agenda for review. B. Table the request for further review. C. Deny the request. bt Attachments: Resolution of Approval Applicant's Letter and Materials RESOLUTION NO. 2012- RESOLUTION GRANTING LICENSE TO PATRICIA WOLF FOR THE OPERATION OF MULTI-PERSON TOUR CYCLES ON CITY STREETS WHEREAS, Patricia Wolf has made a request to operate mufti-person tour cycles on City roadways; and WHEREAS, the City Council of the City of Stillwater reviewed the request at their regularly scheduled meeting on July 31, 2012. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Patricia Wolf to operate multi-person tour cycles on City roadways subject to the following conditions: 1 Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Patricia Wolf for the multi-person tour cycle business. 2. Patricia Wolf may operate one multi-person tour cycle in Stillwater in 2012. 3. This license shall be valid from August 1, 2012 to December 31, 2012. 4. No license shall be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000 per occurrence. 5. Operating restrictions and conditions: a. No multi-purpose tour cycle shall be operated upon a public sidewalk. b. No multi-purpose tour cycle shall use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multi-purpose tour cycle. Consequently, each multi-purpose tour cycle must be equipped with the following: i. Front and rear turn signals Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multi-purpose tour cycles shall be, at all reasonable times, subject to inspection by the City of Stillwater. e. Multi-purpose tour cycle operators shall have in their possession a valid driver's license while in control of any multi-purpose tour cycle, and shall operate the multi-purpose tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f All multi-purpose tour cycle operators shall obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. g. The City reserves the right to alter or limit multi-purpose tour cycle operations to specified routes and streets if required for public safety reasons. h. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi-person tour bikes access to these areas. i. The City reserves the right to require that any idle multi-purpose tour cycle be parked in a specified location while idle or waiting for customers. j. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license shall be placed on the next available City Council agenda for review. Adopted by the Stillwater City Council this 31st day of July, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk July 27, 2012 1c ii.dvepturcs 191g 222 COMMERCIAL STREET • MN 55082, PHONE (612) 751-9422 • patwolf@cres-inc.com Mr. Bill Turnblad Economic Development Coordinator City of Stillwater 216 Fourth St N Stillwater, MN 55082 Dear Bill, Attached please find a copy of the license request to operate my recently purchased multi- person bicycle in the City of Stillwater. Please review the request and let me know if you see any problems with what is suggested. I am happy to alter the plan based on your recommendation. My primary request includes a license to operate the vehicle. If and when appropriate, I would also like to lease the parking space on Water Street behind the gas station as a start/end destination point and a point of contact for the public. If the rental of the parking space does not work for the City right away, I can make the business work without it. Also, I have included a proposed route in the request, but plan to work with the City as needed if the route needs to be altered. I want the bike to add to the charm of the City by providing a unique and fun experience for the residents, their guests and visitors. Creating a route that allows us to travel off of Main Street is critical to providing an enjoyable adventure for our customers. I would like to be included in the City Council Agenda for the August 7, 2012, meeting and am prepared to be at the meeting to present my proposal or answer questions. I have also started to reach out to some of the City Council members and with their schedules permitting, will meet them all prior to the August 7th meeting. I will contact you early next week to answer any questions and to make any changes to the request that you suggest. Bill, it is a thrill for me to think about having a business in my hometown! Many people that I have talked to about the concept feel it is a good fit for the City and are anxious to take a pedal ride on a "bike for a bunch". Thanks in advance for your assistance. SincerIy, itt Patricia A. Wolf Owner ( BICYCLE ENTERTAINMENT LICENSING REQUEST A Proposal to the City of Stillwater Pat Wolf T1e1eyC1e tdderytures, LLC July 2012 BierCycle Adventures, LLC 222 Commercial Street, Stillwater, MN 55082 • Phone 612.751.9422 • patwolf @cres - inc.com Stillwater Licensing Proposal July 2012 OWNER BIO BierCycle Adventures, LLC As the great granddaughter of Joseph Wolf of The Joseph Wolf Company, I was born and raised in the City of Stillwater and am proud to call this my home town. After graduating from the University of Minnesota with a BS in Business Administration, I began my career working in commercial real estate in 1980. I went on to start my own company named Commercial Real Estate Services, Inc. and have been providing leasing, property management and re- development services to owners in the downtown St. Paul and metro east areas for 22 years. I am also a partner in some of the commercial buildings. In 1997, I opened a second business focused in the retail industry. This business currently consists of 2 espresso /convenience stores that have been successfully operating in downtown St. Paul for the past 15 years. From a credential perspective, I am a Certified Property Manager (CPM) and a Real Property Administrator (RPA). In addition, I am the past chairperson of the Greater St. Paul Building and Managers Association (BOMA) and currently chair BOMA Minnesota. I am also the past President of the Minnesota Institute of Real Estate Management (IREM) and am active in the St. Paul Area Chamber of Commerce, National Association of Industrial Office Properties (NAIOP), and sit on the District Cooling Board for the City of St. Paul. While my parents, David and Lucille Wolf have passed, I am fortunate to have three siblings who live in the Twin Cities with some working in successful businesses of their own. I am also happy to say that I continue to own the family home (circa 1840's) in town which has been in our family for almost 70 years. I am dedicated to the City and passionate about its history and charm and am excited about fulfilling a dream to re- establish the Joseph Wolf Company and BierCycle Adventures, its affiliate, as successful businesses contributing positively to the Stillwater community. Stillwater Licensing Proposal July 2012 THE CONCEPT BierCycle Adventures, LLC is a bicycle themed business providing public and private tours in downtown Stillwater on a multi - person pedal bicycle — "a bike for a bunch ". I am submitting this proposal as an overview for a license request with the City. BierCycle Adventures would like to be operational as soon as possible once the City of Stillwater approves licensing of the bicycle service. The bike which is shown on the cover of this submittal has been custom ordered, manufactured and has arrived and is being stored in downtown Stillwater in leased space. As a matter of background, the multi -seat bicycle or Fietscafe originated in the Netherlands in 1997. The first sightings of this concept surfaced in the United States in 2007 when two friends from Minnesota saw the bike while on vacation in Amsterdam and decided to bring the vehicle to America and they are now the US distributor of this bicycle. In addition, they currently operate ten pedal pub bikes that are scattered throughout the Minneapolis /St. Paul and suburban area. In 2007, a welding and fabrication company in Oregon called Atek Customs built the first American made multi - person pedal bicycle to compete with the European manufactured model. Atek's multi - person bicycle is custom made in Oregon and is the manufacturer of our bike. Please see examples of the different bike models that are operating throughout the world In photos at the end of this submittal. Stillwater Licensing Proposal July 2012 BIERCYCLE FEATURES The BierCycle as we are calling our "bike for a bunch" is 17 feet long and approximately 8 feet high and 6 feet wide and weighs 2,100 pounds. The most important features of this bicycle are: • 10 pedal seats (5 seats per side) • Bench seat in rear for up to 3 people (non - pedaling) • Driver seat at the front of the vehicle (driver provided by company) • Area for tour guide or standing server in the center between each side of the pedaling stations • Stable and comfortable ride with gel filled adjustable bicycle seats • Fixed aluminum upper canvas top to shade riders from the sun or elements • Hydraulic disc brakes • Turn signals • Water misting feature to keep pedalers refreshed on hot summer days • State of the art electric motor assist to help with undulation in the pathway, but will not climb the hills of Stillwater. • LED headlight, rear tail lights and rope lighting Stillwater Licensing Proposal July 2012 THE OPPORTUNITY As the great granddaughter of Joseph Wolf of the Joseph Wolf Brewery, I saw an opportunity many years ago to re- establish The Wolf Brewery brand and enter the craft beer market. In the last ten years, I have invested time and money in gathering the necessary information to re- establish the company. While this is currently underway, I saw an opportunity to open BierCycle Adventures, LLC to provide an enjoyable and unique pedaling and tour experience for the residents of Stillwater and their guests as well as visitors. As mentioned, the business model has been developed with the idea that the company would provide a scripted pedal tour of the downtown area on a prescribed approved route as outlined later in this plan. During the ride, a tour guide will provide historical facts along with other local information about the City and the river. The guided tours on a pedal bike will bring a fun and new concept to Stillwater, complementing the already bicycle friendly atmosphere in the City while enhancing the trolleys, pedi- cab, and horse drawn carriage experiences the City offers. In addition, the bike and company driver would be available for private rental after public tour hours. The BierCycle holds up to ten people on the pedal seats, three people on the rear bench seat, a tour guide, and a driver totaling 15 people. The BierCycle driver controls the bike with brakes, turn signals, and a small assist motor, if needed. The bike is equipped with a headlight, rear tail lights, horn, and water misting system for cooling pedalers as needed. The BierCycle will travel at speeds of 5 -6 MPH. I will be operating the business out of a space I have leased at 222 Commercial Street in downtown Stillwater which will accommodate storage for the bike as well as provide office space for the business. I have insurance in place for the bike as well as the premises provided by a Stillwater insurance company. I am requesting a license to operate the bike in the City of Stillwater. As a secondary request, once construction of the pedestrian walkway is complete and the walkway open, I would like to lease a parking stall on the street which would provide a destination where customers will be able to find the bicycle as well as offering a start /end destination point. The parking space is helpful, but not critical to getting the business up and running and if the parking space needs to be approved at a later date, the business can still operate without it. Stillwater Licensing Proposal July 2012 Ideally, the parking stall we would like to lease for the bicycle is the stall located behind the gas station on the west side of Water Street and just north of Myrtle Street. The parking space is located near the new pedestrian walkway and not too far from the entrance to the new Brown's Creek Trail. We think the multi - person bike experience of the BierCycle will appeal to the local residents and will be a fun way for them to show off the downtown to their guests. In addition, we think the bike enthusiasts who already visit the City and the new ones who will be attracted by the extension of the bike trail into downtown will enjoy the novelty of the multi - person bike experience. With the City's license approval, we anticipate launching the BierCycle business in August and would plan to operate through the end of October 2012, weather permitting. In future years, we plan to be operational with public tours between May and October as reflected below. May 1st until Memorial Day Weekend Monday — Thursday 11 am — 6 pm Friday - Sunday 11 am — 6 pm Memorial Day Weekend through Labor Day Weekend Sunday — Thursday 11 am — 7 pm Friday — Saturday 11 am — 9 pm After Labor Day through October 31st Monday — Thursday 1 pm — 6 pm Friday — Sunday 11 am — 6 pm The above tour hours may be adjusted based on demand and availability of the route. I will work with the City to adjust our route as needed to accommodate construction or other encumbrances. I believe the bicycle will be a complement to the other tour and ride businesses in downtown Stillwater and to some extent will target a different demographic as a result of the self - propelled pedaling feature. This business is safe, eco- friendly, and well suited for the cultural atmosphere of Stillwater. The projected ticket price for the BierCycle is $12.00 per person for the 40 minute public tour. The private rental cost will be competitive with the fees charged for the pedal bikes in St. Paul /Minneapolis. Stillwater Licensing Proposal July 2012 SUGGESTED BICYCLE ROUTE Being sensitive to congestion in downtown Stillwater, 1 have mapped a route reflected in the diagram below minimizing the use of Main Street. The 40 minute public tour will ideally depart from and end at a location near the new pedestrian walkway at the north end of town as outlined in the route map below. I will be hiring a manager for the business, drivers, and tour guides creating 4 -6 new jobs for the City initially. The BierCycle will provide a new way for Stillwater residents and their guests to experience downtown while also creating a one of a kind, fun opportunity for tourists and day trippers. My belief is downtown Stillwater will change as the new bridge will divert the through traffic around the downtown allowing the City to attract new businesses that can help to build upon its historic charm while adding to the economic vitality of the City. Stillwater Licensing Proposal July 2012 PARTY BIKES AROUND THE WORLD The Party Bike by Atek Designs. A 'Fietscafe' in Utrecht the Netherlands. Seen in action on the London Bridge. Stillwater Licensing Proposal July 2012 PARTY BIKES AROUND THE WORLD The PedalPub in Minneapolis. Dublin Pedi Bus. A beer bike in Berlin. July 12, 2012 FYI STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman and Sheila -Marie Untiedt, Clerk Kathy Schmoeckel, Attorney Sam Edmunds, Engineer Paul Pearson, Planner Sherri Buss, Chief of Police Steve Nelson and Park Manager Rick Jacobson. Public Hearing - Affeldt Minor Subdivision Neighbors Present: Nancy Melvin, 9730 Perkins Ave N, Stillwater Dan Affeldt, 9376 St. Croix Trail No, Stillwater Jeff Dorner, 15480 95th St N, Stillwater Pat Raleigh, 9490 Pawnee Av N, Stillwater Mary Hannon, 9560 Pawnee Av N, Stillwater Dick Cortright, 9585 Pawnee Av N, Stillwater A public hearing was held to consider a request from Dan and Lisa Affeldt for minor subdivision of a parcel located at 9376 St. Croix Trail North. The applicants are requesting to create three parcels from the existing parcel and propose to extend 95th Street North east to the property to provide public access. Chairperson David Johnson opened the public hearing and introduced Planner Sherri Buss who reviewed what is being proposed and the issues involved. She reported on the various agencies that have reviewed this subdivision. The Stillwater Fire Department will also need to look at this and the park dedication will need to be determined. There were the following questions and comments from the public: • Nancy Melvin - She is concerned about seeing the structure from Highway 95. Dan Affeldt - They have already met with the National Park Service and the DNR. The existing structures are cabins which the Affeldts do not consider livable. The Park Service has deemed that they are not visible. They have a 100 foot set -back from the top of the bluffline so they are very well shielded. They have preliminary approval from the Park Service to tear down the existing cabins and build in their place. Nancy Melvin - They expect they would be looking out on the top of their house and that is worrisome. (Jim Hiniker arrived.) •Jeff Dorner - He lives immediately north of this proposed subdivision. How will the proposed extension of 95th Street be paid for? Paul Pearson - Typically, whoever is making application is responsible for any road changes, site work, etc. Dorner - Is the cul -de -sac completely on this property? Pearson It is all in the Affeldt property within the right of way around the perimeter. Dorner What about utility work? Pearson - Stormwater drainage and probably telephone, electric and Stillwater Town Board Mtg. — 7/12/12 Page 2 gas will all be in the right of way and drainage easements. Dorner - What is the schedule for the road extension? Affeldt - They expect it to be done sometime this fall, before the winter. Dorner - Is the Township involved in the road work? Pearson - The developer does have a choice, but most often the developer receives bids from a contruction company. Dorner - The existing cul-de-sac mushrooms onto part of his property. If this is changed, he would like it to be sodded or seeded. Affeldt - They want it to look as good as possible. Pearson - A survey will identify the boundary and if there is any encroachment, he would be contacted by Affeldt to deal with it. • Nancy Melvin - She is concerned about their trees. What precautions are being taken? Pearson - He knows that trees are a concern of everybody. Trees to be saved will be preserved. Foresters can give advice as to how to mitigate any damage and this will be reviewed during the construction process. • Pat Raleigh - She is speaking for a neighbor, Jeff Thompson. "No Trespassing" signs were put up on his property. Will the cul-de-sac be paved? Pearson - Yes. Affeldt - He apologized for the "No Trespassing" signs. He had seen several hunters last fall. When they get to the building site, they will cut down a few trees for their yard which will be on the south side of the house. Mary Hannon - Will the only access be from the top? Affeldt - There is access from Highway 95 for the two cabins but from there it is difficult to get to the building site. In the future, they will keep the existing driveway off of Highway 95. Hannon - With respect to the notification for this public hearing, is there an effort to notify the entire neighborhood? Sherri Buss - The ordinance requires those within 350 feet to get a notice which the applicant gets from the County survey office. Sheila-Marie Untiedt - Isn't it also true that all neighbors within a development be included? David Johnson - There is vagueness here. Buss - We can always make it broader and it can be on the application form. Untiedt - We would prefer more people than less. Johnson - It depends on whether properties are part of another neighborhood. We should look at some language to establish a policy. • Dick Cortwright - Is the existing access from Highway 95 north of the masonry wall? Affeldt - It is directly across from the two marinas. Cortwright - He would not like to see a road coming out on Highway 95. Affeldt - We want it from the top of the hill for safety. Cartwright -Did you say you wanted to keep that access open? Affeldt - Yes, to be able to use the cabins. Cortwright - What sort of house are you building? Affeldt - Four bedroom, two story. The design needs to be approved by the Park Service. The public hearing was closed at 7:40 p.m. Regular Meeting - 7:40 p.m. 1. AGENDA - M/S/P Hiniker/Countryman moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P Untiedt/Hiniker moved to approve the June 14, 2012 Stillwater Town Board Meeting minutes as written. (3 ayes, Countryman abstain) Stillwater Town Board Mtg. — 7/12/12 Page 3 3. TREASURER - a. Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 41893 Bryan Rock Products Inc $ 603.16 41894 CenturyLink 101.35 41895 Election Systems and Software Inc 68.62 41896 Hillcrest Animal Hospital PA 203.55 41897 Jack Kramer 4,199.03 41898 Department of Labor & Industry 415.06 41899 Maroneys Sanitation Inc 159.44 41900 MFRA 8,742.00 41901 MJ Raleigh Trucking Inc 14,989.86 41902 Kathleen Nelson 133.31 41903 Stephen Nelson 914.53 41904 On Site Sanitation 278.00 41905 Robert P Ranalla Sr 24.89 41906 Barbara Riehle 20.00 41907 Kathryn Schmoeckel 236.98 41908 Security System Services Inc 89.50 41909 City of Stillwater 59,800.50 41910 Stillwater Gazette 35.55 41911 Valley Green Lawn & Landscape Inc 1,480.00 41912 Washington Co Public Safety Radio 103.02 41913 Xcel Energy 61.71 41914 Minnesota Department of Revenue 38.84 41915 Internal Revenue Service 692.57 41916 PERA 410.63 41917 Robert Ranalla Jr 411.97 41918 Bev Petrie 1,080.00 Nelson, Kathleen M 1,048.39 Nelson, Stephen W 1,151.07 Olson, Marsha Ann 710.31 Ranalla, Sr Robert P 283.05 Riehle, Barbara 335.42 Schmoeckel, Kathryn G 843.54 4. PLANNER - a. Affeldt Minor Subdivision - There was discussion of how there will be access to lots two and three as identified on the concept plan and what the park dedication should be. M /S /P Untiedt /Hiniker moved approval of the Affeldt Minor Subdivision including the terms and conditions in the TKDA Memorandum dated July 12, 2012, and the park dedication shall be in cash, contingent upon the attorney's determination of the possible payment schedule. (4 ayes) Stillwater Town Board Mtg. — 7/12/12 Page 4 b. Outing Lodge PUD Amendment - There was discussion of the penalty for violating the conditions. M /S /P Hiniker /Countryman moved approval of the Outing Lodge PUD Amendment with the addition of the following language: "Any violation of this amended PUD may result in termination of this agreement as determined by the Board after notice and public hearing." (4 ayes) c. DNR Shoreland Variance Memo - The Township will be receiving a survey. d. Crosswinds Community Church - Sherri Buss had received a letter of complaint, but the items were not the responsibility of the church except one which is being dealt with. e. Access for Property at Neal and 94th Street - This property is landlocked. They would need to get an easement for access. f. Park Dedication - The statute say that land and cash must be equivalent. What is the 10% based on? It should be based on an actual Park Plan. Some communities set a cap. Sherri Buss will discuss this further with Attorney Soren Mattick and also check with other communities. 5. CHIEF OF POLICE - a. Report given. There were 14 burning permits, three for buckthorn. There have been 73 permits for the first 6 months of the year, which is ahead of last year. b. Little Carnellian Park - Signs are up regarding dogs. Jim Hiniker will check with the neighbors to see if the "No Parking" signs along the road can be removed. c. Security System - A new sensor has been installed in the main meeting room. Chief Nelson suggested the need for flash lights for the town hall in case of a power outage. Bob Ranalla will look into it. d. Outing Lodge - The first wedding is coming up and he will send out the first round of letters. He will look into sending future letters via email. e. Bomb Squad - The bomb squad was in the Township tonight at the boom site. There was a suspicious package there. 6. ARCOLA TRAIL - Tim Shilling, a resident on Arcola Trail, was present to discuss frequent power outages this year. Their area seems to be hit the most. The Clerk will check with Xcel Energy to see if they would be willing to come to the next meeting to discuss the problem. 7. ENGINEER - a. Contracts for 2012 Road Maintenance Project - M /S /P Hiniker /Untiedt moved to authorize the Chair to sign the contracts. (4 ayes) b. Policy on Notification of Residents regarding Road Work - There had been a complaint by a resident with respect to the lack of notification of the recent road work in Arcola Heights. In the future, notification can be on the Township website and a sign can be posted on the road prior to the project being started which can be put up by the contractor, identifying the construction schedule. c. Dead Tree Removal on Township Property - There are several dead trees in the Township right of way along 90th Street and also on the Township property across Norell from the Town Hall. Rick Jacobson pointed out that there are also some ash trees that are planted within the canopy of other trees in Otto Berg Park. Rick Jacobson will mark the trees to be removed and work with Raleigh and Haines to v, t Stillwater Town Board Mtg. — 7/12/12 Page 5 get a quote for tree removal for consideration by the Board. Neighbors will be notified of any trees removed that are close to their property line. d. Raleigh Road Maintenance Contract - Their contract will expire on 10/9/12. Paul Pearson will work with Raleigh to modify the bid items as needed and also with Treasurer Marsha Olson to see how what is budgeted compares to what was expended. Mowing the trails on a routine basis might also be included. e. Introduction of Ben O'Grady - Paul Pearson introduced Engineer Ben O'Grady who will substitute for Paul if needed at a meeting. 8. CLERK - a. Appoint Election Judges - M /S /P Hiniker /Untiedt moved appoint the following election judges for the 2012 election cycle: Dick Buther, Kate Carlsen, Karen Garley, Ralph Groschen, Sandra Groschen, Joanne Laird, Elaine Bartholmy, Rosemary Ranalla, Vicky Turciniak and Head Judge Deborah Sinclair, or substitutions as deemed necessary by the Clerk. (4 ayes) b. Deputy Clerk Work - The Clerk will work with Deputy Clerk Barb Riehle to discuss scanning Township files to determine an approximate amount of time this might take. Rick Jacobson will look into possible places to back up the files. The Minnesota Association of Townships may have something already in place. 9. PARK COMMITTEE - a. Assistant Park Manager - M /S /P Untiedt/Hiniker moved to appoint Kelly Shantz as the Stillwater Township Assistant Park Manager at a pay rate of $14.50 per hour and to get a 90 gallon trash container from Maroneys to be located at his house. (4 ayes) The amount of time he is expected to work should run from 5 to 20 hours per month b. Quarry Trail - This trail needs to be brushed to make it safe and a sign should be put at each end. 10. GARAGE SALE - Sheila -Marie Untiedt reported that there was not as much traffic this year as there was last year. There were some suggestions to have the sale on Thursday and Friday rather than Friday and Saturday. 11. GEOCACHE POLICY - The Clerk will circulate the Washington County policy for consideration at the next meeting. 12. ARCOLA MILL SITE - David Johnson attended the May Township meeting where this was discussed. The proposed partnership with the National Park Service was denied. He gave a further update and he would like to draft a letter from the Township reiterating our position that the entrance should be off of Highway 95 and there should be sufficient parking at the site. 13. CERTS GRANT Linda Countryman reported that this is the last year that funds would be available. There was discussion of putting solar panels on the roof of the town hall. • Stillwater Town Board Mtg. — 7/12/12 Page 6 14. CARMAR VACANCY - It would be helpful to have a resident of Stillwater Township to fill this vacancy. The vacancy will be put on the website and the members of our planning and park commission will be asked if there is any interest. Tom Polasik will be asked if he has any suggestions. 15. ADJOURNMENT - The meeting was adjourned at 10:55 p.m. Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners July 17, 2012 Present were Commissioners Dennis C. Hegberg, District 1; Gary Kriesel, District 3; and Lisa Weik, District 5. Absent Commissioners Bill Pulkrabek, District 2, and Autumn Lehrke, District 4. Board Chair Hegberg presided. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: - Commissioner Lehrke is attending the National Association of Counties meeting in Pittsburgh, Pennsylvania; Commissioner Weik — reported she attended the Mental Health Advisory Committee meeting; she attended the Southwest Light Rail Management Committee meeting; she attended the Woodbury Yellow Ribbon meeting; she reported on her short trip to the National Association of Counties Conference in Pittsburg, Pennsylvania; - Commissioner Kriesel — reported he met with a School Board member from 834 to discuss shared services; and he met with the Minnesota Department of Transportation to discuss the status of the St. Croix River Crossing; Commissioner Hegberg — reported he attended the Greater Minneapolis /St. Paul Economic Development Board meeting; and he attended the Community Action Program meeting; - Commissioner Kriesel requested that the Board hold a workshop with the Washington County Historical Society to discuss its activities and the possibility of procuring a new building to house their operations; Commissioner Hegberg asked that it be televised. Community Services Approval of the following actions: - Contract with Hugo Gracewood, LLC to provide services to elderly individuals receiving Medical Assistance Home and Community Based Services; - Presentation of the Minnesota Family Investment Program/Diversionary Work Program Employment Counselor of the Year Award to Shoua Ly. General Administration Approval of the following actions: - June 26, 2012 Board meeting minutes; - Agreement with the State of Minnesota for continued work on a property survey for the Brown's Creek State Trail corridor; - Resolution No. 2012 -091, 2012 2nd quarter donations, gifts, and bequests; - Presentation of the 2011 Audit Committee Annual Report; - Board correspondence was received and placed on file. Property Records and Taxpayer Services Approval of two temporary on -sale liquor licenses for the VFW Post 323 for a special event at the Washington County Fair in Baytown Township, August 1 -5, 2012. Public Works Approval of the following actions: - Contract with Braun Intertec Corporation for precondition surveys and vibration monitoring on properties surrounding County State Aid Highway 23; - Amend the Historic Courthouse Restoration Fund to accept a $40,000 grant from the Huelsmann Foundation to restore the Historic Courthouse north portico/north entryway. Sheriff's Office Approval of a joint powers agreement with the Minnesota Correctional Facility-Oak Park Heights for temporary secure housing for a Washington County inmate in the Oak Park Heights Correctional Facility-Transitional Care Unit. 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 July 10, 2012 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Hegberg presided. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: Commissioner Weik — reported she attended the Metropolitan Mosquito Control meeting; and she attended a first annual event in Woodbury called Best of Woodbury Awards; Commissioner Lehrke — reported she attended the Groundwater Advisory Committee meeting; she attended a Metropolitan Library Services Agency meeting; she attended the Red Rock Corridor meeting; she attended the Newport Planning Commission for an update on the Newport Transit Center; she visited the South Service Center in Cottage Grove and learned the process to apply for medical assistance; she attended the strategic planning session; and she announced that she would be attending the National Association of Counties conference; Commissioner Pulkrabek — reported he will be attending the Metropolitan Emergency Services Board meeting on Wednesday and that he would be attending the National Association of Counties conference; Commissioner Kriesel — report ed he attended the Metropolitan Mosquito Control District meeting; he attended the Planning Advisory Commission meeting, he enjoyed the St. Croix Valley fireworks; and he commended the parks staff for their great work during the 4th of July celebrations; Commissioner Hegberg — reported he attended the Resource Recovery Board Executive Committee; he attended the Hugo open house for the roundabout on Highway 61 and County Road 4; and he attended the workshop with department heads; Commissioner Hegberg appointed Commissioner Gary Kriesel to the Minnesota High Speed Rail Commission. Community Services Approval of the following actions: - Appoint John Belisle, Hugo, to the Community Development Block Grant Citizen's Advisory Committee to a partial term expiring December 31, 2013. General Administration Approval of the following actions: - June 19, 2012 Board meeting minutes as amended; - Update on active projects funded through the countywide Mission Directed Budget Policy; - Minnesota Inter - County Association presented an overview of the 2012 Legislative Session; - Board correspondence was received and placed on file; - Board workshop held to discuss the next steps in land conservation through the Land and Water Legacy Program. Public Health and Environment Approval of recycling grant agreements with the City of Forest Lake and the City of Stillwater for distribution of curbside recycling funds. Public Works Approval of the following actions: Appoint Jenifer Pelletier, Lake Elmo, to the Parks and Open Space Commission, to a first term expiring December 31, 2014; Change order no. 1 for 2012 crack sealing with Fahrner Asphalt Sealers, LLC in the amount of $18,338.73; Resolution No. 2012 -085, final payment for crack seal provision and application on county roads to Fahrner Asphalt Sealers, LLC; Change order no. 1 in the amount of $35,936.70 for the County State Aid Highway 18 turn lane project with Hardrives, Inc.; Change order no. 2 to contract with Jorgenson Construction, Inc. for the Lake Elmo Park Reserve Winter Recreation Area project, in the amount of $11,336; Resolution No. 2012 -086, purchase of Croone property for inclusion into the Big Marine Park Reserve; Traffic control signal maintenance agreement with the City of Cottage Grove; Public hearings held on the following: Development Code Amendment, Variance; Shoreland Management Ordinance Amendment; and Wind Energy Conversion Systems Ordinance Amendment; Resolution No. 2012 -087 amending the Washington County Development Code, Chapter One, Section 19, nonconforming situations, Ordinance No. 189; Resolution No. 2012 -088, amending the Washington County Development Code, Chapter One, Section 6.4 Variance, Ordinance No. 190; Resolution No. 2012 -089, amending the Washington County Development Code, Chapter Two, Part 3, Section 6.0, Ordinance No. 191; Resolution No. 2012 -090, bid award for County State Aid Highway 16 reconstruction to C.S. McCrossan Construction, Inc.; Appoint Mark Doneux, Stillwater Township, to the Planning Advisory Commission to a first term expiring December 31, 2014; - Board workshop held for an update on the design of the Newport Transit Station. Sheriff's Office Approval of joint powers agreement with the State of Minnesota - Commissioner of Corrections for the housing of offenders in the Washington County Jail. 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.