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HomeMy WebLinkAbout2012-08-21 CC Packet AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 21, 2012 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1.Possible approval of July 31, 2012 regular and recessed meeting minutes 2.August 16, 2012 special meeting minutes (canvassing board) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3.Resolution 2012-128 - Certificate of Appreciation – Torry Kraftson 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 Out of respect for others in attendance, please limit your regarding investigation of the concerns expressed. comments to 5 minutes or less. STAFF REPORTS 4.Police Chief 5.Fire Chief 6.City Clerk 7.Community Dev. Director 8.Public Wks Dir/City Engr. 9.Finance Dir. 10.City Attorney 11.City Administrator Stage III Levee Update CONSENT AGENDA (ROLL CALL) Resolution 2012-123 12., directing payment of bills Resolution 2012-124, 13. Tax Increment District No. 1, resolution of Clarification and Allocation 14.Possible approval of temporary liquor license – St. Croix Valley Faith Formation (St. Mary’s Church) – September 8th th 15.Possible approval of Permit to Sell – 5 Annual Bean Bag Toss Tournament – September 22, 2012 – Lily Lake Park Resolution 2012-125, 16. approving agreement between Daniel Hoisington dba Hoisington Preservation Consultants Resolution 2012-126, 17. approving agreement between Daniel Hoisington dba Hoisington Preservation Consultants Resolution 2012-127, 18. resolution approving the agreement between the City of Stillwater and HAF RED LLC for municipal redevelopment of 229 South Main Street PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. Case No. 2012-12. 19. This is the date and time for a public hearing to consider a request from the City of Stillwater to consider a Zoning Text Amendment regarding Chapter 31, Section 31-514, the “Keeping of st Bees”. Notice was published in the Stillwater Gazette on August 10, 2012. (Ordinance – 1 reading – Roll Call) Case No. 2012-08. 20. This is the date and time to consider an appeal of the Planning Commission’s decision on a request from Larry Cramer, Rafters, for an amendment to an existing special use permit for the construction of a rooftop deck and bar and a variance to the parking regulations located at 317 Main Street South in the CBD, Central Business District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 10, 2012. UNFINISHED BUSINESS 21.Possible approval of Ordinance 1048, amending the Stillwater City Code, Section 27-1, Subd. 9 (Impoundment of Animals) (2nd reading – Roll Call) st 22.Possible addition of serving of alcohol on multi-person tour cycle license (Resolution & 1 reading of Ordinance – Roll Call) 23.Update on the timeline for Downtown Plan revisions. NEW BUSINESS 24.Request for donation for a Washington County Heritage Center – Washington County Historical Society (Resolution – Roll Call) 25.Possible approval of Log Run Special Event Contract – Brian Mastel, Mastel Event Management LLC (Resolution – Roll Call) 26.Possible approval of Traffic Study proposal for the Armory and Fire Station (Resolution – Roll Call) 27.Possible approval of resolution declaring costs and preparing assessment roll and resolution calling for assessment hearing for 2012 Street Improvements (Project 2012-02) (2 Resolutions – Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS 28.Yellow Ribbon update 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. AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 21, 2012 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1.Possible approval of July 31, 2012 regular and recessed meeting minutes and August 16, 2012 special meeting minutes (canvassing board) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2.Certificate of Appreciation Torry Kraftson 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 Out of respect for others in attendance, please limit your regarding investigation of the concerns expressed. comments to 5 minutes or less. STAFF REPORTS 3.Police Chief 4.Fire Chief 5.City Clerk 6.Community Dev. Director 7.Public Wks Dir/City Engr. 8.Finance Dir. 9.City Attorney 10.City Administrator Stage III Levee Update CONSENT AGENDA (ROLL CALL) Resolution 2012-123 11., directing payment of bills Resolution 2012-124, 12. Tax Increment District No. 1, resolution of Clarification and Allocation 13.Possible approval of temporary liquor license St. September 8th th 14.Possible approval of Permit to Sell 5 Annual Bean Bag Toss Tournament September 22, 2012 Lily Lake Park Resolution 2012-125, 15. approving agreement between Daniel Hoisington dba Hoisington Preservation Consultants 16.Possible approval of TIF Assistance Request from the HAF Group for a new building located at 229 Main Street South PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. Case No. 2012-12. 17. This is the date and time for a public hearing to consider a request from the City of Stillwater to consider a Zoning Text Amendment regarding Chapter 31, Section 31- st Notice was published in the Stillwater Gazette on August 10, 2012. (Ordinance 1 reading Roll Call) Case No. 2012-08. 18. on a request from Larry Cramer, Rafters, for an amendment to an existing special use permit for the construction of a rooftop deck and bar and a variance to the parking regulations located at 317 Main Street South in the CBD, Central Business District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 10, 2012. UNFINISHED BUSINESS 19.Possible approval of Ordinance 1048, amending the Stillwater City Code, Section 27-1, Subd. 9 (Impoundment of Animals) (2nd reading Roll Call) st 20.Possible addition of serving of alcohol on multi-person tour cycle license (Resolution & 1 reading of Ordinance Roll Call) 21.Update on the timeline for Downtown Plan revisions. NEW BUSINESS 22.Request for donation for a Washington County Heritage Center Washington County Historical Society (Resolution Roll Call) 23.Possible approval of Log Run Special Event Contract Brian Mastel, Mastel Event Management LLC (Resolution Roll Call) 24.Possible approval of Traffic Study proposal for the Armory and Fire Station (Resolution Roll Call) 25.Possible approval of resolution declaring costs and preparing assessment roll and resolution calling for assessment hearing for 2012 Street Improvements (Project 2012-02) (2 Resolutions Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS/REQUESTS COUNCIL REQUEST ITEMS 26.Yellow Ribbon update 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. CITY COUNCIL MEETING MINUTES July 31, 2012 REGULAR MEETING 4:30 P.M. ROLL CALL Present: Councilmembers Menikheim, Cook, Mayor Harycki Councilmember Roush arrived at 4:38 p.m. Absent: Councilmember Polehna Staff: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser City Clerk Ward MIS Specialist Holman BUDGET WORKSHOP Overview Finance Director Harrison reported that last year the City had an adopted budget of just over $10 million. The proposed budget is a little over $8 million, a $2 million reduction compared with 2012. Capital decreases account for the majority of the reduction. The City will not issue any capital outlay bonds for 2013. This accounts for the huge variance in capital requests from 2012 to 2013. City Administrator Hansen pointed out the City has $100,000 less in engineering income since there are no current projects to be billed out to property owners. MIS MIS Specialist Holman indicated that maintenance agreement costs increased, as did the number of color copies being made. Other than that, costs remained about the same. She stated that MIS staff is strapped for time and 20%. Ms. Holman added that 50% of the City are no computers to replace those that break down. She is trying to stay within budget. MIS has its own capital outlay category for computer equipment. She had requested 20 computers for next year but reduced it to ten. She has not yet figured out what departments to allocate those to. Councilmember Menikheim asked how close the City is to not being able to meet minimum MIS requirements, and Ms. Holman responded that the City is fairly close. She observes staff waiting 10, 20 or 30 minutes for computers to boot up. She and IT Technician Bornt spend a lot City Council Meeting July 31, 2012 of time reacting to crises, which is very f supported. Councilmember Menikheim suggested that sometime in the future, the City is going to have to bite the bullet and invest in computer equipment. Ms. Holman stated that nine G-tacs will go in squad cars this year, with the rest going in next year, at a cost of $23,000. SCity will have the money to buy the computers required for fire department vehicles. The $10,000 budgeted might need to be used to pay for software required by Washington County. Regarding St. Croix Rec Center and Lily Lake, Ms. Holman reported that at Lily Lake, cameras will be put inside to monitor the air handling system and outside to monitor for vandalism. These cameras will be monitored at St. Croix Valley Rec Center. The system being put in the parking ramp to meet PCI Compliance, in regard to accepting credit cards, will add to staff workload. A much simpler system will be coming out next year, but the Parking Commission wants to act now to maintain compliance. City Administration Hansen and Finance Director Harrison will check to make sure the Commission is aware of the future system. The Council will have a demonstration of iPads for council members the first week in September. Council packets will all be in pdf format. All department heads except Public Works Director Shawn Sanders have laptops. FIRE Fire Chief Stu Glaser reported that there are eight paid on-call positions open and one more retirement is anticipated in October. Two very senior members retired this year, representing 61 years of service. The gentleman retiring in October will have 22 years of service. The Department is accepting applications for paid on-call firefighters. These are tough positions to fill. There are many new staff members who are not prepared to operate apparatus yet. Councilmember Menikheim asked what the solution is. Mr. Glaser replied that there are not many -call system, which the City has used for 100 years, is getting difficult. One alternative is developing duty crews, but these employees still need to be paid and employment status is impacted. The advantage is that you have established crew strength on duty, ready to go. Currently there are a minimum number of people on duty (two). Moving to a duty crew system would bring up questions of how to hire and pay crews, and expectations for number of hours to be worked. While the City can always request mutual aid for a situation, crews are strained. There has not been an increase in salary for paid on-call staff since 2005. Mayor Harycki suggested that maybe the City needs to look at increasing pay for fire fighters. Chief Glaser pointed out the primary reason for the difficulty finding crews is not money, but lifestyle and the amount of time involved, as there are constant certifications and time spent staffing extra activities and events. A new fire station will help, because it will add more bunks for staff. He would prefer to have three full-time people on duty at all times but that would require hiring three more employees. Councilmember Menikheim suggested at the next budget session, the City should start looking for more funding sources and ways to reduce stress for the crews. Page 2 of 8 City Council Meeting July 31, 2012 RECREATION CENTER St. Croix Valley Recreation Center Manager Doug Brady stated the proposed budget is very similar to the last one. Ice rental is about 250 hours down from last year, equating to about $45- $50,000. UBC built a new rink, which is a competitor. The Rec Center is trying to compensate by adding programs such as its own hockey camp and a figure skating club. Finance Director Harrison noted that the Rec Center is still contributing $93,000 to debt service. If revenues exceed expenditures more than was budgeted to go into debt service, it stays at the Rec Center. Their current fund balance is about $1.2 million. be granted? purchased from the fund balance. Ms. Harrison replied that the fund balance can be used for some of the smaller items, but the At least 1/3 of operating expenses should be kept in the fund balance in case of emergency - this is good financial practice. The Rec Center has no general fund, and no property tax money goes into the fund balance, as opposed to other City departments. This makes it crucial to have a significant fund balance. Councilmember Menikheim asked how many staff work are employed at the Rec Center. Mr. Brady replied there are about 12-15 staff members, with 25-50% being replaced each year as summer hours are reduced, depending on demand. CITY ATTORNEY City Attorney Magnuson informed the council that the retainer has been constant since 2008. Even though there were some increases adopted in past budgets, they were never implemented. He added that City Administrator Hansen proposed a one percent increase this year based on anticipated annexation expenses related to the fire station and the armory, and eminent domain proceedings. Mr. Magnuson stated the bridge project will also take extra time to get all the real estate in place for the right-of-way. The meeting recessed at 6:17 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:07 p.m. ROLL CALL Present: Councilmembers Menikheim, Cook, Roush, Mayor Harycki Absent: Councilmember Polehna Page 3 of 8 City Council Meeting July 31, 2012 Staff: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Sergeant Magler City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the July 17, 2012 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Officer Andrea Olson, Night to Unite Presentation and Proclamation Mayor Harycki read the proclamation designating August 7, 2012 as Night to Unite in the City of Stillwater. Andrea Olson, Crime Prevention Officer, reviewed the highlights of the upcoming event which include police equipment, a canine demonstration, the Stillwater Fire Department, Lakeview EMS, the Teddy Bear Band, National Guard, games and prizes. There will also be a petting zoo, a dunk tank, and a velcro wall. The event will be Tuesday, August 7, at Washington Square Park from 5 to 9 p.m. Mayor Harycki commended Officer Olson for these efforts. Retirement Plaque Mary Swift, Senior Acct. Clerk Resolution Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt 2012-119, Certificate of Appreciation presented to Mary Swift. Ayes: Councilmembers Cook, Roush, Menikheim, Mayor Harycki Nays: None Finance Director Sharon Harrison stated that it is with a sad heart that she says goodbye to Mary Swift, who has worked in the finance department for over 11 years. She will be greatly missed. Ms. Harrison read the proclamation. Mayor Harycki praised the finance department staff for excellent work over the years. Youth Services Bureau Mary Planten-Krell, Executive Director Mary Planten-Krell explained the role that the Youth Service Bureau plays in the lives of kids and families of Washington County. Over the past year, YSB has worked with more than 2,000 youth. She provided a detailed report of services to youth under the jurisdiction of the City of Stillwater. Referrals to YSB increased by 72% this past year, while services provided grew by 48%. Ms. Planten-Krell asked that the City continue its partnership with YSB by allocating $12,000 through a Purchase of Service Agreement. Page 4 of 8 City Council Meeting July 31, 2012 Councilmember Menikheim applauded the work of the YSB, but questioned the significant increase in calls for its services. Ms. Planten-Krell answered that youth and families are struggling more and YSB is becoming more visible in the community. CVB Annual report Tiki Oswald Tiki activities. Lodging tax collection from 2010 to 2011 increased 14.8%, while statewide the increase was 8.9%. There have been beneficial updates to the CVB web site, and the CVB is working with the IBA to maximize efforts to attract business. Plans are to work with the IBA and Stillwater Chamber of Commerce to advertise that Stillwater is open for business during bridge construction. The CVB is seeking more business from meetings and conventions as well City Administrator Hansen requested year-end 2011 budget figures. Ms. Oswald indicated that she will send them in. Councilmember Roush asked where visitors usually come from, and Ms. Oswald replied that there are some target markets including Chicago. Two studies are currently being conducted to focus more on this question. Councilmember Menikheim asked for clarification of financing for activities of the CVB and asked if it has been audited. Ms. Oswald replied that activities are 100% funded by the three percent lodging tax collected by Stillwater and Oak Park Heights. She stated the CVB has not been audited to her knowledge. Mayor Harycki stated that an audit would be prohibitively expensive, adding that every hotel and bed and breakfast polices the program and the process is transparent. The City as the fiscal agent, collecting the tax and distributing it back to the CVB. State law dictates what the tax revenue can be spent on. Councilmember Menikheim asked if there is some malfeasance involved, who is responsible? Ms. Oswald responded that decisions are made by the CVB Board. She will check on whether the board is bonded. Many businesses go through the financial numbers with a fine tooth comb. Councilmember Roush indicated that he has no concerns because he sees full transparency in the funding mechanisms. City Administrator Hansen reminded Ms. Oswald that a year-end report needs to be made to the council in December. NEW BUSINESS Possible approval of a license to operate a multi-person tour bicycle in Downtown Stillwater Community Development Director Turnblad stated that Patricia Wolf has submitted a request for a license to operate a multi-person tour cycle business in downtown Stillwater. It will offer self-pedaled multi-person tours on a fixed route, on a ten-seat bicycle. Both public and private tours will be made available. The cycle will be operated by a company employee who will serve as tour guide. Mr. Turnblad explained that at first, the bicycle would be parked at the company office at 222 Commercial Street, and tours would begin there, but the applicant would like permission to rent Page 5 of 8 City Council Meeting July 31, 2012 an on-street parking space on Water Street, immediately north of Myrtle Street, so it could begin and end the tours there. This application is pending before the Parking Commission. He presented the council a diagram showing the tour route. The license would be the same type of license used for pedi-cabs, trolleys, horse carriages and Segways. Mr. Turnblad pointed out that in the future the applicant plans to request permission to have the prohibition on having an open bottle on public streets as long as customers remain on the cycle. Mr. Turnblad recommended approval with the condition that the request be reviewed and approved by public safety staff. City Attorney Magnuson indicated the situation is similar to the City licensing taxis. The City has the right to add conditions or require a license due to the degree of connection with the City and the amount of downtown traffic possibly affected by its operation. Mr. Turnblad added that because the company is offering a fixed route public tour rather than simply taking riders as a one-time service, this justifies the need for a license. Pat Wolf, applicant, stated the multi-person bicycle provides a fun opportunity for residents and he public tours are problematic, she would still like to proceed with the private tours. She owns the bike, is insured, and has researched other bike tour operations. Councilmember Roush expressed that he loves the idea; it will become one more thing that makes Stillwater a destination. Councilmember Cook noted that the concept is appealing, however she is concerned about traffic congestion. Ms. Wolf remarked that she wants to provide a fun experience for riders, so she will ensure the route is enjoyable and riders are not sitting in traffic. Resolution 2012-120, Motion by Mayor Harycki, seconded by Councilmember Roush, to adopt granting license to Patricia Wolf for the operation of multi-person tour cycles on City streets contingent on public safety staff being satisfied with the route. Ayes: Councilmembers Menikheim, Cook, Roush, and Mayor Harycki Nays: None OPEN FORUM There were no public comments. STAFF REPORTS City Clerk Ward stated residents should know that Buberl Recycling and Composting Site is no longer licensed to receive compost and brush. There are alternative facilities in Bayport, Woodbury and Cottage Grove. Community Development Director Turnblad reported that he met with Readex staff to discuss the event survey. A letter will be presented as a contract at the August 21 council meeting. The next step will be to outline questions. Finance Director Harrison reported the next budget meeting has to be rescheduled to Tuesday August 28 rather than Tuesday August 21. Page 6 of 8 City Council Meeting July 31, 2012 CONSENT AGENDA Resolution 2012-116, directing payment of bills Resolution 2012-117, a resolution approving the abatement of certain special assessments Resolution 2012-118, resolution adopting assessment for tree removal Motion by Councilmember Roush, seconded by Mayor Harycki, to adopt the consent agenda as presented. Ayes: Councilmembers Menikheim, Cook, Roush, Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of auditing services proposal Finance Director Harrison stated that because the proposal is for a very minimal increase in price, and because Mr. Tom Koop has provided the City with excellent and timely audit services in the past, staff is recommending extending the service agreement with CliftonLarsonAllen for 2012 to 2017. Resolution 2012-121, Motion by Mayor Harycki, seconded by Councilmember Cook, to adopt Approval of auditing services proposal, including a clause allowing early termination if there is a change in partner, and adopting the pricing schedule provided. Ayes: Councilmembers Menikheim, Cook, Roush, and Mayor Harycki Nays: None Possible approval of first reading of ordinance amending the Stillwater City Code, Section 27-1, Subd. 9 (Impoundment of Animals) City Attorney Magnuson explained that the City ordinance needs to be put in compliance with revised state law requiring five business days before an animal is euthanized. The word dog needs to be changed to the word animal to make it species neutral. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt the amendment. Ayes: Councilmembers Menikheim, Cook, Roush, and Mayor Harycki Nays: None NEW BUSINESS Possible approval of playground equipment for Millbrook Park (Resolution Roll Call) Community Development Director Turnblad explained that staff would like to proceed with improvements for Millbrook Park, beginning with installation of the playground. The Parks and Recreation Commission has approved the purchase and installation of a new playground for 5- 12 year olds and 2-5 year olds. St. Croix Recreation Co. Inc. has submitted a quote to provide and install the equipment at a cost of $82,742.44. Other proposed improvements include parking lot, ballfield, gazebo and sidewalks. $185,000.00 is budgeted for Millbrook Park improvements from the 2012 capital outlay fund. Page 7 of 8 City Council Meeting July 31, 2012 Resolution Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt 2012-122, Approving contract with St. Croix Recreation Company, Inc. to furnish playground equipment at Millbrook Park. Ayes: Councilmembers Menikheim, Cook, Roush, and Mayor Harycki Nays: None COMMUNICATIONS City Clerk Ward reminded residents to vote in the primary election on August 14. COUNCIL REQUEST ITEMS There were no council request items. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adjourn at 8:25 p.m. All in favor. ____________________________ Ken Harycki, Mayor ATTEST: ________________________________ Diane F. Ward, City Clerk Resolution 2012-116, Directing the Payment of Bills Resolution 2012-117, Approving the abatement of certain special assessments Resolution 2012-118, Adopting assessment for tree removal Resolution 2012-119, Certificate of Appreciation presented to Mary Swift Resolution 2012-120, Granting license to Patricia Wolf for the operation of multi-person tour cycles on City streets Resolution 2012-121, Approval of auditing services proposal Resolution 2012-122, Approving contract with St. Croix Recreation Company, Inc. to furnish playground equipment at Millbrook Park Page 8 of 8 RECORD OF CANVASSING BOARD Date convened: Thursday, August 12, 2010 Time convened: 8:05 a.m. Time adjourned: 8:08 a.m. Members Present: Vice Mayor Polehna and Councilmembers Roush and Menikheim Members Absent: Councilmember Cook and Mayor Harycki Also present: Diane F. Ward, City Clerk Purpose: Canvass of Primary, August 14, 2012, Election Results City Clerk Ward presented the results for the August 10, 2010 Municipal Primary Election as follows: COUNCILMEMBER WARD 2 TOM CORBETT 264 TED KOZLOWSKI 179 CASSIE MCLEMORE 130 Motion by Councilmember Roush, seconded by Councilmember Menikheim to accept the election results as presented. All in favor. Motion by Vice Mayor Polehna, seconded by Councilmember Menikheim to adjourn at 8:08 a.m. __________________________ Michael Polehna, Vice Mayor ATTEST: _____________________________ Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012-123 Ace HardwareSupplies 784.71 Action Rental, Inc.Liquid Propane 177.95 AIM Electronics, Inc.Lily Lake score board 9,800.00 Air Down TherePads, mask, rings and visors 239.57 Amano McGann, IncPaper 403.99 Anderson KariPark Fee Refund 100.00 Animal Humane SocietyShelter Fee 139.29 Apple GlassBroken windshield 305.79 Aramark Uniform Services, IncUniforms & mats 1,149.42 Arrowhead ScientificDNA collection kit 63.80 Aspen MillsUniforms 625.80 AT&TTelephone 241.85 B&B ProductsStrip out lights from unmarked car 240.00 Board of Water CommissionerJuly Meter & WAC Charges & Repair of hydrant 4,251.30 Bornt RichBenchmark Learning - Powershell from Admin 141.50 Brady DougMileage reimbursement 94.35 Brines MarketBag Lunches 521.38 C HarrisLawn Maintenance 480.94 Campion, Barrow & AssociatesPost Offer Testing D Nelson 390.00 Cardinal Tracking, IncEnvelopes - parking 336.19 Carquest Auto PartsSupplies 390.65 CDW Government, Inc.Back up & software 4,817.03 Century LinkTelephone 668.52 Century Power EquipmentSupplies 111.12 Chlebeck, SarahPark Fee Refund 80.00 ComcastInternet & Voice 335.05 Commercial Asphalt Co.Asphalt 383.47 CornerstoneLand surveying 850.00 Cox Ford Motor SalesVehicle repair hcarge 487.40 Cub FoodsBakery for election 63.66 DalcoCleancheck urinal 92.71 Dermco-LaVine Construction Co.Resurface Tennis & Basketball Courts 40,605.00 Dickoff, MeghanPark Fee Refund 135.00 Element Materials TechnologyLowell Park Improvements 3,531.75 Ellingson, BrettGrading Escrow Refund 1,500.00 Emergency Medical Products, InSupplies 630.84 Fastenal CompanySupplies 1,040.25 Fire Safety U.S.A.Polo shirt 70.00 FleetPrideSupplies 609.19 Frontier Ag & TurfBall Joint & Tire 592.17 FuryAuto maintenance & repair 653.76 Gopher State One Call, Inc.Billable tickets 466.65 GraingerCoupling valve 50.93 Greatland Corporation1099's and W2s 224.21 Hardwood Creek Lumber Inc.Pine Lath and hubs 206.64 EXHIBIT "A" TO RESOLUTION #2012-123Page 2 Harris Mechanical Services LLCCompressor alignment 2,077.33 Heritage Embroidery & DesignBlack jackets for resale 27.00 Hodd RodRec Center 4 on 4 refund 100.00 Holiday Credit OfficeFuel 24.75 Hugo Equipment CompanyPressure washer repair kit 14.95 Ice Skating InstituteClub renewal 375.00 Iceman Industries, Inc.Dust Control 2,490.18 Infratech, Inc.Vacuum Lift station 2,025.00 Jefferson Fire & Safety, Inc.Piston clips and shutoff 56.84 Jimmy's Johnnys, Inc.Portable Restroom Rental 420.02 John Deere Landscapes/LescoSupplies 140.47 Kirvida Fire, Inc.Flush foam pump and clean out lines 123.00 KLBB RadioLive broadcast 4th of July 500.00 L.T.G.PowerParts 209.39 L3 CommunicationsMobile-vision backend solution 3,730.00 Lake Elmo Oil, IncFuel 23.00 LeMoine, ChyrisseClothes reimbursement 345.21 Le St-Germain Suite HotelTraining - lodging 181.06 League of MN Cities Ins TrLMCIT Claims 1,131.14 Lienke LucasRec Center 4 on 4 refund 100.00 Ligday JasonRec Center 4 on 4 refund 100.00 Loffler Companies, Inc.Extremeworks support 4,573.95 Mac Queen Equipment Inc.Supplies 72.55 March BrianRec Center 4 on 4 refund 100.00 Marshall Electric CompanyRepair park lights 813.35 MenardsSupplies 505.33 Metropolitan CouncilWastewater services 125,841.39 MHSRC/RangeTraining 1,930.00 Minnesota AirFurnace 1,483.33 MJ Raleigh TruckingRock & Gravel 1,049.77 Mondor LTEE/LTDSupplies 236.06 Motz JoelRec Center 4 on 4 refund 100.00 Municipal Emergency ServicesBoots 156.67 NAPA Auto PartsDrop lights 249.63 Natural Resource Group LLCEnvironmental Consult 1,949.95 Office DepotToner & supplies 843.40 Otis Elevator CompanyElevator 1,003.08 Pogge MichelReimburse for event tickets 30.00 Primary Products Co.Nitrile gloves 264.00 Reliance Electric MotorsReplace beaing in motor 237.50 Riedell Shoes, Inc.Skates 542.11 Roettger Welding, Inc.Welding work at Rec Center 117.56 Rose City Sign Company, Inc.Adjust lights 125.00 Ryti, AlexPark Fee Refund 100.00 Sanders Wacker BerglyLandscape Architectural Services 665.86 Schuster SydneyRec Center 4 on 4 refund 100.00 Sentry Systems, Inc.Monitoring 147.00 EXHIBIT "A" TO RESOLUTION #2012-123Page 3 Sherwin WilliamsSupplies 86.83 Signature Lighting, Inc.Repair lights at Northland Park 1,677.35 Sonmor KatieEHL Summer Camp Refund 98.00 SpringstedWater revenue bond called 750.00 Sprint PCSCellular Services 90.14 St. Croix Boat & Packet Co.July Arena Billing 60,539.51 St. Croix Tree Service Inc.Removed 3 trees 2,271.09 Stillwater & Oak Park Heights CVB2nd Quarter Lodging Tax 38,442.23 Stillwater Medical GroupDrug screening 458.83 Stillwater Motor CompanyAuto Repairs & Maintenance 651.27 StreichersAmmo 397.25 Strobes N' MoreWhelen 2022 191.98 Sun NewspapersPublication 758.49 SW/WC Service CooperativesRetirees Health & COBRA 55,793.98 Swager BradFence for portapotty 1,435.00 T.A. Schifsky & Sons, Inc.Asphalt 2,650.13 Terra General ContractorsApp 6 61,068.85 Tierney Brothers, Inc.Smart board inter active display 3,420.00 Toll Gas & Welding SupplyMaintenance agreement 10.51 Total Mechanical Serv, Inc.Water heater Lily Lake Ice 62,078.26 TransUnionInformation Charges 5.00 Tremco Weatherproofing Technologies Inc.Repair roof at Lily Lake 2,500.00 Tri State Bobcat, Inc.Repair lift station, Tire and wheel 5,085.51 Valley Trophy Inc.Retirement Mary Swift 77.70 VeoliaC-soil 917.30 Verizon WirelessInternet Service 442.34 Viking Industrial CenterSafety equipment 55.84 Washington County RecorderPublication 96.00 Waste Management - BlaineRoll off at Lily Lake 663.10 West Payment CenterInformation Charges 98.06 White Bear Tire & Auto Inc.Tires 747.26 Winnick SupplyStairs railings 1,163.50 Xcel EnergyEnergy 21,434.24 Yocum Oil CompanyAutomotive Fuel 14,183.92 Zayo Enterprise Networks,LLCTelephone 573.44 July Manuals Bank PlusCurve Crest Villas 1st half 2012 18,723.29 Lake Elmo BankCurve Crest Villas 1st half 2012 15,849.17 Long Lake Villas Long Lake Villas 1st half 2012 28,809.70 Postmaster3rd Qtr UB Postage 2,586.40 Richard Anderson1st Half 2012 property tax abate 4,798.17 Richard PfisterLong Lake Villas 1st half 2012 8,843.47 Stillwater TownshipDemo permit fee 100.00 US BankTerra Springs 2nd Half 2012 202,105.23 Washington Co License CtrPlate for unmarked squad 25.00 EXHIBIT "A" TO RESOLUTION #2012-123Page 4 LIBRARY Ace HardwareJanitorial Supplies 210.85 Amazon.comLibrary materials 209.85 AramarkRug & towel service 50.19 Baker & TaylorLibrary materials 178.93 BrodartLibrary materials 1,917.10 BWILibrary materials 1,349.78 DemcoProcessing supplies 108.00 GaleLarge print books 690.00 Hansen,AnnReimburse for Postage 5.30 Info GroupReference work 350.00 Linner ElectricBldg repairs 698.00 MenardsJanitorial supplies 32.57 Midwest TapeAudiovisual materials 1,136.69 Minnesota ElevatorMaintenance contract 1,416.00 QuillSupplies 1,125.20 Security ResponseMaintenance contract 155.67 Washinton County LibraryVarious 1,165.50 Xcel EnergyUtilities 4,423.36 Library CC Kowalskis MarketMeeting refreshments 110.08 RESOLUTION 2012-124 TAX INCREMENT DISTRICT NO. 1 RESOLUTION OF CLARIFICATION AND ALLOCATION WHEREAS, an amended budget for Tax Increment District No. 1 was adopted by the City Council on December 1, 2011, authorizing future expenditures of $28,699,100.00; and, WHEREAS, through the year end 2011 total expenditures actually paid with increment was $13,164,034.00; and, WHEREAS, the annual reporting form of the Minnesota State Auditor requires that the total of the new budget and the expenditures made through year end 2011 be clarified and reallocated, but not increased, in order to be properly reported. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the budget adopted December 1, 2011 be reallocated by restating lines 19 through 28 of the estimated project/financing costs section of the As Reporting Form as follows: 1 Line 19 Land/building acquisition $2,542,089.00 2 Line 20 Site improvements/preparation costs $8,029,931.00 3 Line 21 Utilities $11,849,383.00 4 Line 22 Other public improvements $11,825,000.00 Line 23 Construction of affordable housing -0- Line 24 Small city authorized costs, if not already included above -0- 5 Line 25 Administrative costs $1,432,715.00 Line 26 Estimated Tax Increment Project Costs Line 27 Interest expense $6,184,016.00 Line 28 Total Estimated Project/Financing Costs to be Paid from $41,863,134.00 Tax Increment Enacted by the City Council this day of , 2012. CITY OF STILLWATER ___________________________________ Ken Harycki, Mayor ATTEST: ___________________________________ Diane F. Ward, Clerk 1 Consisting of $1,797,089.00 expended through 2011 and $745,000.00 authorized by the December 1, 2011 modification consisting of the Parking Ramp Land Payoff in the amount of $120,000.00, and 25% of PAYG Fund in the amount of $625,000.00. 2 Consisting of $1,404,931.00 expended through 2011 and $6,625,000.00 authorized by the December 1, 2011 modification consisting of Façade Improvement Loans in the amount of $3,000,000.00, Commercial Building Fund in the amount of $2,000,000.00, Site Clean Up Fund in the amount of $1,000,000.00, and 25% of the PAYG Fund in the amount of $625,000.00 3 Consisting of $5,224,383.00 expended through 2011 and $6,625,000.00 authorized by the December 1, 2011 modification consisting of Street Lights (Highway and Pedestrian Lights) in the amount of $3,000,000.00, and Sanitary Sewer Disconnects Loans in the amount of $3,000,000.00 and 25% if the PAYG Fund in the amount of $625,000.00. 4 Consisting of $900.00 expended through 2011 and $11,825,000.00 authorized by the December 1, 2011 modification consisting of the Pedestrian Walkway Project in the amount of $1,000,000.00, Parking Ramp Structure Payoff in the amount of $3,000,000.00, Stage 3A Flood Control Project (2012) in the amount of $700,000.00; Parking Lot Resurfacing in the amount of $2,000,000.00, Stage 3B Flood Control Project (Post 2012) in the amount of $4,500,000.00, and 25% of the PAYG Fund in the amount of $625,000.00. 5 Administrative costs consisting of $932,715.00 expended through 2011 and $500,000.00 reallocated from the December 31, 2011 budget. Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organizationDate organized Tax exempt number St. Croix Valley Faith Formation1-8-2007 42759 AddressStateZip Code City 218 Willard St. E.Minnesota55082 Stillwater Name of person making applicationBusiness phone Home phone Andrea Fochtman6513791273 6518954831 Date set ups will be sold Type of organization 9-8-2012 ClubCharitableReligiousOther non-profit Organization officer©s nameCityStateZip X Andrea FochtmanStillwater55082 Minnesota Add New Officer Location where permit will be used. If an outdoor area, describ St. Mary©s Church parking lot in large event tents If the applicant will contract for intoxicating liquor service g If the applicant will carry liquor liability insurance please pr APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING City/CountyDate Approved City Fee AmountPermit Date Date Fee Paid Signature City Clerk or County OfficialApproved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to ev above. If the application is approved the Alcohol and Gambling permit for the event. Page 1 of 1 CITY COUNCIL August 17, 2012 DATE : Recommendation to City Council on selection of consultant for REQUEST: CLG Grant August 21, 2012 CC DATE: Community Dev. Director REVIEWERS: Michel Pogge, City Planner PREPARED BY : DISCUSSION The City received grants (CLG and Legacy) to: 1.Develop a residential local designation district 2.Develop video podcast on downtown commercial buildings. The City sent RFPs to 18 firms for the two projects, including all of theonsultants that have worked for the City in the past. Only one firm submitted proposals on the two projects. The firm is Hoisington Preservation Consultants with principal Daniel Hoisington. Daniel Hoisington comes highly recommended from a number of communities. City staff has met with Mr. Hoisington and is confident that he can complet the budget and timeline that we have included in the RFPs. The HPC should review the proposals and make a final recommendation to the City Council. Mr. Hoisington will be at the 6:30 meeting to meet with the Comm time we will discuss his background and go over his approach to HPC RECOMMENDATION The HPC met and discussed the two projected with Mr. Hoisington at their August 6 th meeting. The HPC unanimously recommend that the City Council approve a contract with Mr. Hoisington to complete the two projects. STAFF RECOMMENDATION That the City Council enter into a contract with Daniel Hoisington dba Hoisington Preservation Consultants for the Local Historic District and Design Guidelines project and the downtown video podcast project. APPROVAL OF AGREEMENT WITH DANIEL HOISINGTON DBA HOISINGTON PRESERVATION CONSULTANTS BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Daniel Hoisington dba Hoisington Preservation Consultants and the City of Stillwater for the Downtown Stillwater Podcasts project in the amount not to exceed $16,750 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 21st day of August, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CONTRACT AGREEMENT THIS AGREEMENT , is made this _______ day of _______________, 2012 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and Hoisington Preservation Consultants (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform and complete work for the Historic Downtown Stillwater Podcasts project. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the RFP attached as Exhibit A and the work plan submitted by the Contractor attached as Exhibit B. 2. Rate of Compensation. Compensation to the Contractor shall not exceed $16,750. Compensation shall follow the terms of the RFP and consultant work plan attached as Exhibits A and B. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Completion Date. Completion of work related this project must be completed by July 15, 2013. 6. Ownership of Documents and Plans. All materials produced by the contractor during the course of the project shall be owned by the City of Stillwater. CITY OF STILLWATER By:____________________________________ Ken Harycki, Mayor By:____________________________________ Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ of _______________, 2012 by Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ CONTRACTOR By: ___________________________________________ Daniel Hoisington STATE OF MINNESOTA ) ) ss. COUNTY OF _____________) The foregoing instrument was acknowledged before me this _____ of _______________, 2012 by Daniel Hoisington dba Hoisington Preservation Consultants. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ CITY OF STILLWATER HERITAGE PRESERVATION COMMISSION REQUEST FOR PROPOSALS/QUALIFICATIONS FOR PROFESSIONAL SERVICES City of Stillwater Public Education Program Historic Downtown Stillwater Podcasts Proposals Due: 4:30 p.m. on Tuesday, July 24, 2012 1.Purpose 1.1.Background Information The City of Stillwater is a dynamic and vibrant community, nestled along the bluffs Stillwater is a stand alone City within the Metropolitan Urban Service Area (MUSA), located just 20 miles east of the Twin Cities metropolitan area. The City is a historic community with a growing population of 18,225 residents according to 2010 Census and 7,414 housing units with a median home value of $242,000. Stillwater is one of the most visited cities in Minnesota, featuring a historic downtown, well known for its quality restaurants and shops featuring antiques, art, rare books and various specialty items. The City is also well known for its restored riverboats, Victorian bed and breakfasts, and seasonal recreation activities on the St. Croix River. In December 2005 the City of Stillwater was designated a Preserve America Community. The Preserve America initiative is a White House effort to encourage and su priceless cultural and natural heritage. 1.2.Previous CLG and Preservation Work by the Stillwater HPC As its first CLG project in 1992, the City of Stillwater hired a consultant to prepare a historic context document entitled Stillwater Historic Contexts: A Comprehensive Planning Approach.The document was funded with local funds and a CLG Grant. One of the recommendations in the context study was to divide the city into 17 manageable neighborhoods, called Historic Preservation Planning areas, for survey and evaluation purposes. Ten of the seventeen neighborhoods have been surveyed to date. In each of the surveys, local significance was identified and a preliminary determination for local designation was done for each property within the surveyed area. 1 The ten neighborhoods that have already been surveyed are: North Hill Original Town South Hill Original Town Sabin/Greeley Addition Dutchtown Neighborhood Holcombe District Hersey Staples & Co. -West Half -East Half Staples Mays Addition These surveys have been funded with local funds, in-kind match and CLG Grants. With a 2005/2006 CLG Grant, the City hired a consultant to prepare a plan for identifying potentially significant historic structures and sites in the community and to develop a plan to implement a local historic designation program. The work resulted in identifying 776 that could be included in a local designation program. Heirloom Houses are a cross-section of homes that are representative of nineteenth century Stillwater. The homes contain a fair amount of their original design elements. These homes are generally not eligible for listing on the National Register of Historic Places; however, due to the local value they should be recognized. Landmark Houses and Sites are the finest old homes and most remarkable sites in Stillwater. They have architectural integrity and they have a strong connection to the history of Stillwater. They sites may be eligible or are already listed on the National Register of Historic Places. Copies of all of the above materi http://www.ci.stillwater.mn.us/ and looking under Community Information Neighborhood Histories. Starting in 2007, the City of Stillwater, in conjunction with a paid consultant, completed the first of three phases of the Heirloom Home and Landmark Sites program. This first phase involved the development of an on-line interactive and searchable database for properties the Heirloom Home and Landmark Site program. The City undertook the second phase of the program in 2008 and the final phase in 2010. Currently 150 residential properties are listing on the site. 113 are listed as Heirloom Houses and 37 are listed as Landmark Houses. The site can be found at http://www.stillwater-mn.org/hpc/Sample_interface/Categories/home.asp 2 2.Project Description 2.1.Work Summary and Objective The City of Stillwater seeks to hire a consultant to prepare a self-guided, audio-visual program about the heritage of Stillwater. The main objective of this project is to complete research, collect photos, and create a series of video podcasts of various buildings in Downtown Stillwater. Additionally a walking tour guide and educational guide will be produced. Instead of offering a standard guided audio walking tour, the Stillwater HPC is interested in developing a podcast: a self-guided audio and visual walking tour that tells the Stillwater story and compares the historic lumber era and today. The project must include tourism and economic development components. A historian, meeting the professional standards requirements as set forth in the be contracted to complete the above items. Supplemental research will be completed as necessary in a variety of primary and secondary sources. 2.2.Description of Products to be Produced The product will include three main components: 1)A walking tour guide listing all buildings that are part of the Stillwater Commercial Historic District as listed on the National Register of Historic Places along with the following individually listed properties: a) Stillwater ouse; c) Chicago, Milwaukee & St Paul Depot & Fright House; and d) the Washington County Historic Courthouse. Color and black & white pictures will be used in the guide, which will include pictures of a minimum of 20 of the buildings. This guide will be a comprehensive enough for visitors to use on the walking tour and it will list reference materials for those visitors seeking additional information. 2)An accompanying video podcast that will highlight a minimum of 14 buildings in the Downtown area. Said podcast needs to be available in a multitude of formats to the public including iTunes, YouTube, and CD/DVD. 3)An educational guide available for download outlining educational uses for the video podcast and walking tour guide. 3 2.3.Project Work Plan The consultant will prepare and submit to the City a Project Work Plan that describes timeframe for completion. As part of the CLG grant the City is required to provide updates to the Minnesota Historical Society. Potential modifications to the following timeline needs to be addressed in the proposal. 2.3.1.Monthly written updated will be provided by the consultant to the f each month. Said updates need to only be a few sentences in length. 2.3.2.By September 2012, a list will be submitted to the Stillwater HPC for which sites video podcasts will be created. 2.3.3.By December 2012, a sample script for one of the featured properties shall be submitted to the Stillwater HPC for review. 2.3.4.By January 2013, a sample audio file shall be submitted for one of the featured properties to the Stillwater HPC for review. 2.3.5.By February 2013, draft narratives will be submitted to the Stillwater HPC for review. 2.3.6.By February 2013, draft brochures will be submitted to the Stillwater HPC for review. 2.3.7.By May 2013, draft podcasts will be submitted to the Stillwater HPC for review. 2.3.8.By June 15, 2013, final podcasts, walking tour brochure, and educational guide will be submitted to the City of Stillwater. 2.3.9.By July 15, 2013, final products submitted to the Minnesota Historical Society Grants Office by the City of Stillwater. 2.4.Meetings The consultant will attend a minimum of two HPC meetings in Stillwater. The preferred two meetings are September of 2012 for an introduction and overview of the project and May 2013 to review the final work product and acceptance of work by HPC. The HPC reserves the right to require additional meetings to review material and project progress reports as necessary. 4 2.5.Deadlines and Meetings Per terms of the grant, the project is required to be completed by June 30, 2013. The following is outline of required meetings and deadlines. The schedule can be modified if necessary as long as the June 30, 2013 deadline is meet. Potential modifications should be included in the proposal. June 2012 City advertises request for proposals Aug 2012 City selects consultant Sep 2012 Project director, HPC members and consultant will meet to discuss project goals, expectations and parameters. Project director will also coordinate with the external stakeholders to get their feedback on the project. Aug Nov 2012 Project director, HPC members and consultant will research photos, histories and stories of selected buildings. Aug - Nov 2012 Project director will work with Chamber of Commerce, Convention and Visitors Bureau School District and local businesses about use and distribution of the project. Nov - Dec 2012 Project director and consultant will work together to develop audio/narratives. Present the narratives to the board for review. Dec 2012 - April 2013 Consultant will mix/create the audio and visual vignettes, and accompanying brochure. On May 6, 2013 HPC will do final reviews/critiques of podcasts and brochure. By June 1, 2013 Final Consultant report to the City with all required deliverables. In June 2013 Release of podcasts on the website and for download, distribution of the brochures and issuance of press release. By July 15, 2013 Submission of final product to SHPO By July 15, 2013 Project close-out 2.6.Professional Qualifications Qualifications Standards (as published in the Federal Register of September 29, 1983.) 2.7.Updates to the HPC The consultant shall provide monthly written progress reports. The reports should be short in nature (one or two paragraphs). The reports must be submitted to City Staff by the 1st day of each month, September 2012 through June 2013. The City will th submitted to the State Historic Preservation Office (SHPO) by the 15 day of each month for the duration of the project. The HPC may request other written progress reports as necessary. 5 2.8.Final Products The consultant will create, produce, and supply to the City the following items: 2.8.1.A minimum of 10,000 two-sided full color walking tour brochures. The brochures shall be 11x17 folded brochures and be printed on 100#, gloss paper stock. Original digital files (PageMaker, InDesign, Publisher, etc.) and PDF files in both a high quality print and web file types shall be provided. 2.8.2.Fourteen (14) digital video podcasts. The podcasts needs to average 4 minutes in length. The consultant shall publish the files on iTunes and YouTube and make them available free of charge. The consultant shall produce a CD/DVD version of the podcast that can be distributed to the general public and provide 5 master disks to the City that can be used to mass produce disks from. 2.8.3.Website that includes a digital version of the walking tour brochure and video podcasts along with the educational guide. Along with the above items, three master hard copy of all printable materials and five digital masters of all of the material produced needs to be submitted. 2.9.Budget and Support Services a $9,000 Certified Local Government Grant from the Minnesota Historical Society. This is 44.3% of the total project cost. A State of Minnesota Cultural Heritage Grant (Legacy Grant) will be providing a cash match of $4,750 toward the project. The City will be providing a cash match in the amount of $3,000 and in-kind match in the amount of $2,043. The City of Stillwater will administer the grant project. Total available funding to pay for the consultant services is $13,000. An additional $3,750 is available for printing costs. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. 3.Submission Requirements 3.1.Project Work Plan The consultant shall provide a proposal that establishes a general concept for the program, including a proposed timeline, which is based Description 3.2.Project Cost The consultant shall provide a separate cost for each product. The cost will be a not- to-exceed fee for the requested services. 6 3.3.Statement of Qualifications A Statement of Qualification from the consultant covering the following information: 3.3.1. organization. 3.3.2.Identify the name of the person designated as the contact person for this proposal with mailing address, telephone number, fax number and e-mail address. 3.3.3.Resumes of individuals who will carry out the proposed project development and their respective roles in the project. 3.3.4.Develop a work program and schedule for the proposal. 3.3.5.Provide information on similar project completed by the consultant, including contacts who can be used for reference. 3.4.Number of Proposals Submit six (6) copies of the proposal. 3.5.Submission Deadline Proposals are to be received in the office of the Community Development Department no later than 4:30 p.m. on Tuesday, July 24, 2012. No late proposals will be considered. Proposals may be mailed or hand delivered to: Michel Pogge City Planner Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 4.Other Specific Requirements 4.1. The City of Stillwater reserves the right to accept or reject any and all proposals. 4.2. The fees quoted in this packet will be the maximum paid in total unless an amendment to the contract is approved by both parties. 4.3. Proposals received in response to this invitation shall become the property of the City of Stillwater and shall be retained on file, and by reference will become a part of any subsequent formal agreement. 7 4.4.Acknowledgement of Consultant 4.4.1.In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates. 4.4.2.No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color. 4.4.3.The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgement of Historic Preservation Fund grant funds and nondiscrimination policy as follows: National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, DC 20240. 4.4.4.The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgement of Arts and Cultural Heritage grant as follows: Heritage Fund through the vote of Minnesotans on November 4, 4.4.5.The consultant is not debarred or suspended or is otherwise excluded form or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. 4.4.6.Other financial contributions may be acknowledged in the document as directed by the City. 8 5.Evaluation Criteria Proposals will be evaluated by the City of Stillwater on the following: 5.1.Qualifications 5.1.1.Recent consulting experiences with similar types of projects. 5.1.2.Work experience and educational background of assigned staff members and their direct knowledge/experience specific to Stillwater. 5.1.3.Demonstrated understanding of the scope of the work to be completed. 5.1.4. Qualification Standards for history and architectural historic as published in the Federal Register of September 29, 1983. 5.2.Proposed Project Work Plan Overall content and concept 5.3.Cost Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in the RFQ. 5.4.Time Schedule Ability to comply with the proposed time schedule for the project. 5.5.Oral Presentation Following a review of the written responses to this Request for Qualifications, the City of Stillwater may invite a limited number of consultants to present their proposal to a committee made up of HPC members and City staff. The quality of the ion will be considered in the selection process. For questions or additional information, please contact: Michel Pogge, City Planner, City of Stillwater (HPC Staff Liaison) 216 Fourth Street North Stillwater, MN 55082 (651) 430-8822 mpogge@ci.stillwater.mn.us 9 APPROVAL OF AGREEMENT WITH DANIEL HOISINGTON DBA HOISINGTON PRESERVATION CONSULTANTS BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Daniel Hoisington dba Hoisington Preservation Consultants and the City of Stillwater for the Heritage Preservation (Local Designation) District and Development of Design Guidelines for the East Half of the Churchill, Nelson, Slaughter Addition project in the amount not to exceed $23,000 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 21st day of August, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CONTRACT AGREEMENT THIS AGREEMENT , is made this _______ day of _______________, 2012 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City") and Hoisington Preservation Consultants (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to perform and complete work for the Heritage Preservation (Local Designation) District and Development of Design Guidelines for the East Half of the Churchill, Nelson, Slaughter Addition project. All work will be done in a workman-like manner and materials will be fit for the purpose. Work must be completed according to the RFP attached as Exhibit A and the work plan submitted by the Contractor attached as Exhibit B. 2. Rate of Compensation. Compensation to the Contractor shall not exceed $23,000. Compensation shall follow the terms of the RFP and consultant work plan attached as Exhibits A and B. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Completion Date. Completion of work related this project must be completed by July 15, 2013. 6. Ownership of Documents and Plans. All materials produced by the contractor during the course of the project shall be owned by the City of Stillwater. CITY OF STILLWATER By:____________________________________ Ken Harycki, Mayor By:____________________________________ Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ of _______________, 2012 by Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ CONTRACTOR By: ___________________________________________ Daniel Hoisington STATE OF MINNESOTA ) ) ss. COUNTY OF _____________) The foregoing instrument was acknowledged before me this _____ of _______________, 2012 by Daniel Hoisington dba Hoisington Preservation Consultants. __________________________________________ Notary Public Commission Expires: ___/___/_____ Commissioned At: ________________________ CITY OF STILLWATER HERITAGE PRESERVATION COMMISSION REQUEST FOR PROPOSALS/QUALIFICATIONS FOR PROFESSIONAL SERVICES Heritage Preservation (Local Designation) District and Development of Design Guidelines for the East Half of the Churchill, Nelson, Slaughter Addition Proposals Due: 4:30 p.m. on Tuesday, July 24, 2012 1.Project Purpose and Background 1.1.Project Synopsis The City of Stillwater and the Stillwater Heritage Preservation Commission are seeking a qualified consultant to develop material that supports the City in considering the possibility of locally designating the East Half of the Churchill, Nelson, Slaughter Addition (Addition) in the City of Stillwater. The Addition contains approximately 106 parcels and covers 29.7 acres . The Stillwater City Council authorized the Stillwater HPC to begin a study of adopting a heritage Preservation district for the addition on March 20, 2012. The project will include the following elements: Develop a local designation form that can be used by the City of Stillwater Complete local designation forms in the Addition Provide a delineated historic district boundary for the Addition. Provide a background report that supports locally designating the Addition Develop design guidelines for the Addition Develop a webpage about the Addition that supports the potential local designation district 1 1.2.Community Background Information The City of Stillwater is a dynamic and vibrant community, nestled along the bluffs of the St. Croix River, one of Am Stillwater is a stand alone City within the Metropolitan Urban Service Area (MUSA), located just 20 miles east of the Twin Cities metropolitan area. The City is a historic community with a growing population of 18,225 residents according to 2010 Census and 7,414 housing units with a median home value of $242,000. Stillwater is one of the most visited cities in Minnesota, featuring a historic downtown, well known for its quality restaurants and shops featuring antiques, art, rare books and various specialty items. The City is also well known for its restored riverboats, Victorian bed and breakfasts, and seasonal recreation activities on the St. Croix River. In December 2005 the City of Stillwater was designated a Preserve America Community. The Preserve America initiative is a White House effort to encourage priceless cultural and natural heritage. 1.3.Previous CLG and Preservation Work by the Stillwater HPC As its first CLG project in 1992, the City of Stillwater hired a consultant to prepare a historic context document entitled Stillwater Historic Contexts: A Comprehensive Planning Approach.The document was funded with local funds and a CLG Grant. One of the recommendations in the context study was to divide the city into 17 manageable neighborhoods, called Historic Preservation Planning areas, for survey and evaluation purposes. Ten of the seventeen neighborhoods have been surveyed to date. In each of the surveys, local significance was identified and a preliminary determination for local designation was done for each property within the surveyed area. The ten neighborhoods that have already been surveyed are: North Hill Original Town South Hill Original Town Sabin/Greeley Addition Dutchtown Neighborhood Holcombe District Hersey Staples & Co. -West Half -East Half Staples Mays Addition These surveys have been funded with local funds, in-kind match and CLG Grants. With its 2005 CLG Grant, the City hired a consultant to prepare a plan for identifying potentially significant historic structures and sites in the community and to develop a plan to implement a local historic designation program. The work resulted in identifying 776 be included in a local designation program. 2 Heirloom Houses are a cross-section of homes that are representative of nineteenth century Stillwater. The homes contain a fair amount of their original design elements. These homes are generally not eligible for listing on the National Register of Historic Places; however, due to the local value they should be recognized. Landmark Houses and Sites are the finest old homes and most remarkable sites in Stillwater. They have architectural integrity and they have a strong connection to the history of Stillwater. They sites may be eligible or are already listed on the National Register of Historic Places. http://www.ci.stillwater.mn.us/ and looking under Community Information Neighborhood Histories. Starting in 2007, the City of Stillwater, in conjunction with a paid consultant, completed the first of three phases of the Heirloom Home and Landmark Sites program. This first phase involved the development of an on-line interactive and searchable database for properties the Heirloom Home and Landmark Site program. The City undertook the second phase of the program in 2008 and the final phase in 2010. Currently 150 residential properties are listing on the site. 113 are listed as Heirloom Houses and 37 are listed as Landmark Houses. The site can be found at http://www.stillwater-mn.org/hpc/Sample_interface/Categories/home.asp 1.4.Previous work tied to the East Half of the Churchill, Nelson, Slaughter Addition Donald Empson was commissioned by the City of Stillwater to complete a national register identification and evaluation study in 2002/2003. This was completed an accepted by the City in the spring of 2003. Designating Historic Homes and Historic Districts he identified 6 properties that were potentially Landmark Houses and 68 properties that were potentially Heirloom Homes. Since that time 2 property owners of Landmark Houses and 24 property owners of Heirloom Homes have voluntarily signed up to participate in the Landmark and Heirloom Houses program. Detailed histories of these properties are available on the City Landmark and Heirloom Houses program website. 1.5.Current Stillwater Heritage Preservation (Local Designation) Districts The City of Stillwater has previously approved the Stillwater Commercial Historic Local District, which e. Currently no residential areas have been locally designated by the City of Stillwater. 2.Project Description 2.1.Goal The long-term goal is to achieve local designation status (in Stillwater it is called ng architecturally and historically significant buildings within the Addition either as components of a district or individually. The goal of this project is to complete designation forms, identify eligible buildings, and provide other supporting documents that lay the ground work for the City to successfully complete designation of properties within the Addition. 3 2.2.Work Summary and Final Products 2.2.1.The Consultant will assemble and review all available existing architectural and historical information available on the determined eligible historic resources within the Addition. 2.2.2.Based on site, photographic, and written evidence, the Consultant shall determine whether designation of a historic district is feasible, or alternatively whether or not thematic or individual designations of identified eligible historic resources is preferable. district rather than individual designations; however, individual designations may also be sought for pivotal resources. The Consultant will assemble and review all available existing architectural and historical information available on the determined eligible historic resources within the study area. The Consultant will conduct all historical research required for the documentation of historical significance and the description of the resources for the nominations 2.2.3.The Consultant will prepare the Local Designation Nomination Forms on all properties in the addition. 2.2.4.The Consultant will prepare a report describing the addition and a potential district. The report needs to support the reasons the district should be designated by the City. The report should include a map that indicates which properties should be locally designated. In the case of a district, the map should also show a boundary of the district and which properties are contributing and non- contributing to the district. 2.2.5.The Consultant will prepare design guidelines for a proposed district. 2.2.6.The Consultant will meet with local residents in an open house format on two occasions. First open house will overview what local designation means, the process, and benefits of local designation. The second open house is to review and discuss possible design guidelines for the district. 2.2.7.The Consultant will meet with the HPC as outlined in section 2.4. 2.2.8.Under this project, it is not expected actual designation will be completed. The process of completing the local designation district will either be completed by City Staff or a consultant will be hired by the City under a separate contract to assist the City is completing the designation process. 2.3.Final Products The Consultant will provide three master hard copies of all printable materials and two digital masters of all of the material produced needs to be submitted. 4 2.4.Project Work Plan The consultant will prepare and submit to the City a Project Work Plan that describes timeframe for completion. As part of the CLG grant the City is required to provide updates to the Minnesota Historical Society. Potential modifications to the following timeline needs to be addressed in the proposal. 2.4.1.Monthly written updates will be provided by the consultant to the . Said updates will be provided by the 1st of each month. Said updates need to only be a few sentences in length. 2.4.2.By December 2012, the local designation form shall be submitted to the Stillwater HPC for approval. 2.4.3.By January 2013, preliminary outline and design, including a rough layout, of the design guidelines shall be submitted to the Stillwater HPC for review. 2.4.4.By March 2013, a sample chapter of the design guidelines shall be submitted to the Stillwater HPC for review. 2.4.5.By April 2013, a draft of the designation forms and report on possible local designations shall be submitted to the Stillwater HPC for review. 2.4.6.By April 2013, draft design guidelines shall be submitted to the Stillwater HPC for review. 2.4.7.By June 1, 2013, final designation forms, report on possible local designations, and design guidelines shall be submitted to the Stillwater HPC for review. 2.4.8.By July 15, 2013, final products submitted to the Minnesota Historical Society Grants Office by the City of Stillwater. 2.5.Meetings The consultant will attend a minimum of four HPC meetings in Stillwater. The preferred meetings dates are September 3, 2012 for an introduction and overview of the project, November 5, 2012 & February 4, 2013 to review the outcomes of the first neighborhood meeting and May 6, 2013 to review the final work product and acceptance of work by HPC. The HPC reserves the right to require additional meetings to review material and project progress reports as necessary. 5 2.6.Deadlines and Meetings Per terms of the grant, the project is required to be completed by June 30, 2013. The following is outline of required meetings and deadlines. The schedule can be modified if necessary as long as the June 30, 2013 deadline is met. Potential modifications should be included in the proposal. July 2012 City advertises request for proposals August 2012 City selects consultant August 2012 Consultant contracted September 3, 2012 Consultant initial meeting with HPC October 2012 Consultant meeting with SHPO, if needed Late October 2012 Neighborhood Open House Kick off meeting November 5, 2012 Consultant update meeting with HPC Late January 2013 Neighborhood Open House Design Guidelines February 4, 2013 Consultant update meeting with HPC April 15, 2013 Consultant submits draft registration forms and design guidelines to SHPO and HPC May 6, 2013 Consultant update meeting with HPC June 1, 2013 Consultant submit final registration forms, design guidelines, district website, and recommendation to SHPO and HPC July 2013 Submission of final documents to SHPO July 2013 Project close-out 2.7.Professional Qualifications Qualifications Standards (as published in the Federal Register of September 29, 1983.) 2.8.Updates to the HPC The consultant shall provide monthly written progress reports. The reports should be short in nature (one or two paragraphs). The reports must be submitted to City Staff by the 1st day of each month, September 2012 through June 2013. The City will th submitted to the State Historic Preservation Office (SHPO) by the 15 day of each month for the duration of the project. The HPC may request other written progress reports as necessary. 6 2.9.Budget and Support Services a $16,000 Certified Local Government Grant from the Minnesota Historical Society. This is 49.0% of the total project cost. A State of Minnesota Cultural Heritage Grant (Legacy Grant) will be providing a cash match of $4,000 toward the project. The City will be providing a cash match in the amount of $3,000 and in-kind match in the amount of $8,900. The City of Stillwater will administer the grant project. Total available funding to pay for consultant services is $23,000. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. 3.Submission Requirements 3.1.Project Work Plan The consultant shall provide a proposal that establishes a general concept for the Description 3.2.Project Cost The consultant shall provide a separate cost for each product. The cost will be a not- to-exceed fee for the requested services. 3.3.Statement of Qualifications A Statement of Qualification from the consultant covering the following information: 3.3.1.d organization. 3.3.2.Identify the name of the person designated as the contact person for this proposal with mailing address, telephone number, fax number and e-mail address. 3.3.3.Resumes of individuals who will carry out the proposed project development and their respective roles in the project. 3.3.4.Develop a work program and schedule for the proposal. 3.3.5.Provide information on similar project completed by the consultant, including contacts who can be used for reference. 3.4.Number of Proposals Submit six (6) copies of the proposal. 3.5.Submission Deadline Proposals are to be received in the office of the Community Development Department no later than 4:30 p.m. on Tuesday, July 24, 2012. No late proposals will be considered. Proposals may be mailed or hand delivered to: Michel Pogge City Planner Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 7 4.Other Specific Requirements 4.1. The City of Stillwater reserves the right to accept or reject any and all proposals. 4.2. The fees quoted in this packet will be the maximum paid in total unless an amendment to the contract is approved by both parties. 4.3. Proposals received in response to this invitation shall become the property of the City of Stillwater and shall be retained on file, and by reference will become a part of any subsequent formal agreement. 4.4.Acknowledgement of Consultant 4.4.1.In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates. 4.4.2.No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color. 4.4.3.The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgement of Historic Preservation Fund grant funds and nondiscrimination policy as follows: National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, DC 20240. 4.4.4.The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material 8 prepared with grant assistance will contain an acknowledgement of Arts and Cultural Heritage grant as follows: Heritage Fund through the vote of Minnesotans on November 4, 2008. Administered by the Minnesota Historical Society 4.4.5.The consultant is not debarred or suspended or is otherwise excluded form or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. 4.4.6.Other financial contributions may be acknowledged in the document as directed by the City. 5.Evaluation Criteria Proposals will be evaluated by the City of Stillwater on the following: 5.1.Qualifications 5.1.1.Recent consulting experiences with similar types of projects. 5.1.2.Work experience and educational background of assigned staff members and their direct knowledge/experience specific to Stillwater. 5.1.3.Demonstrated understanding of the scope of the work to be completed. 5.1.4. Qualification Standards for history and architectural historic as published in the Federal Register of September 29, 1983. 5.2.Proposed Project Work Plan Overall content and concept 5.3.Cost Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in the RFQ. 5.4.Time Schedule Ability to comply with the proposed time schedule for the project. 5.5.Oral Presentation Following a review of the written responses to this Request for Qualifications, the City of Stillwater may invite a limited number of consultants to present their proposal to a committee made up of HPC members and City staff. The quality of the For questions or additional information, please contact: Michel Pogge, City Planner, City of Stillwater (HPC Staff Liaison) 216 Fourth Street North Stillwater, MN 55082 (651) 430-8822 mpogge@ci.stillwater.mn.us 9 E. HUDSON STREET EAST EAST Memo To: City Council From: Michel Pogge, City Planner Reviewers: Larry Hansen, City Administrator Dave Magnuson, City Attorney Bill Turnblad, Community Development Director Date: August 17, 2012 Re: TIF Assistance Request from the HAF Group for a new building located at 229 Main St S Background meeting, the HAF Group made a presentation to the City Council th requesting Tax Increment Financing Assistance for a new building to be called the Peaslee Building. The building site is located on the east side of the intersection of Main Street on Olive St E. The project calls for a two story building. The total request is $150,000 in TIF assistance for the project. $1,002,240.00 of which $173,445.00 is land acquisition and site TIF eligible. At the June 5 meeting, on a 4-1 vote (No-Roush) directed staff to proceed wit th drafting a development agreement for the project. Discussion Staff has met and negotiated a development agreement (attached). started that the project will be completed and that the City wil Before the project starts, the developer is required to escrow s project with a title company. HAF anticipated that construction September 1, 2012. The City will provide $30,000 per month star the project is completed. If the project does not start by Sept or if construction is st entire projected is anticipated to be completed within 5 to 6 mo Recommendation Consider approving the attached municipal redevelopment agreemen Attachments: Municipal redevelopment agreement; August 21, 2012 Letter from Bremer Bank dated August 16, 2012 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND HAF RED LLC FOR MUNICIPAL REDEVELOPMENT OF 229 SOUTH MAIN STREET, STILLWATER, MN 55082 BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Development Agreement between the City of Stillwater and HAF Red LLC for municipal redevelopment of 229 South Main Street, Stillwater, MN 55082, as on file with the City Clerk, is hereby approved, and the Mayor and City Clerk are authorized to sign said Agreement. st Adopted by the City Council of Stillwater this 21day of August, 2012. ______________________________ Ken Harycki, Mayor ATTEST: _________________________________ Diane F. Ward, City Clerk DATE : August 15, 2012 Mayor & Council Members TO: Beekeeping Ordinance REGARDING: Planning Commission: June 11 and July 9, 2012 HEARING DATES: City Council: August 21, 2012 Bill Turnblad, Community Development Director AUTHOR: BACKGROUND On April 17, 2012 several hobby beekeepers asked the City Counci amending the City Code to allow more beekeeping to occur in Stil the City allows one beehive on a property if that hive maintains from all property lines. Given the relatively small lots in Sti setback essentially precludes beekeeping in the City. The City Council directed staff to conduct research on beekeeping standards and regulations in other Cities. The research was brought back to t May 1. The Council found that the research merited a public hearing st if Stillwater should adopt new beekeeping regulations. Therefore, staff was directed to draft an ordinance and initiate the public hearing process. The Planning Commission held a hearing on the matter over the co months. On July 9 they came to a conclusion and recommended approval of the th version of the ordinance that is attached to this report. REQUEST Staff requests the City Council to conduct a public hearing for proposed ordinance. Beekeeping Ordinance Page 2 DISCUSSION The planning reports that analyze the issues and formulate proposed standards are attached, as is the current version of the draft ordinance. ALTERNATIVES The City Council has several alternative courses of action available. They include at least: 1.Approve the first reading of the draft ordinance with or without 2.Deny the beekeeperÔs request for an ordinance amendment. 3.Table the first reading for additional information. Attachments: Draft Ordinance (Version 6) June 6 Planning Report July 3 Planning Report ORDINANCE NO. _________ KEEPING OF BEES The City Council of the City of Stillwater does ordain: 1. AMENDING. Sec. 27-3 of the City Code, Keeping of bees, hereafter read as follows: Sec. 27-3. Keeping of Bees. Subd. 1. Definitions. The following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. (1) location. (2) harge of one or more colonies of bees. (3) apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (4) s, but having, when perfect, one queen and at times drones, brood, combs, and honey. (5) for that purpose. (6) apis mellifera (African subspecies and Africanized hybrids are not allowed). (7) Subd. 2. Purpose of ordinance. The purpose of this ordinance is to establish certain requirements for beekeeping within the City, to avoid issues that might otherwise be associated with beekeeping in populated areas. (1) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the proven nuisance. (2) Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the hobby beekeepers in the State of Minnesota. Subd. 3. Standards of Practice. (1) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (2) Each beekeeper must ensure that a convenient source of water is available within 10 feet of each colony at all times that the colonies remain active outside the hive. (3) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container. (4) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. (5) Honey bee colonies may only be kept on single-family residential property zoned A-P (Agriculture Preserve), RA (Single Family Residential), RB (Two-Family Residential), TR (Traditional Residential), LR (Lakeshore Residential), CR (Cottage Residential), or CCR (Cove Cottage Residential). One exception to the single-family residential standard is that honeybee colonies may be kept on a two- family property if it is zoned RB and a resident owner of the property is the beekeeper. (6) Each beekeeper is allowed to make in person sales of honey from the i. The beekeeper must live on the apiary lot; and ii. All honey sold in person on the residential premise must be subject residential premise; and iii. No products may be sold in person at the residence except honey produced from hives on the premise; and iv. No outside storage or display of products or merchandise; and v. No traffic that is greater than the residential level of the neighborhood; and vi. No separate business entrance; and vii. Only one sign, located on the apiary lot, with a dimension not exceeding two square feet; and viii. Not more than 15 percent of the total gross floor area of the residence or 300 square feet, whichever is less is devoted to making, storing and selling honey; and ix. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and x. No nonresident employees are permitted. Subd. 4. Colony density. (1) No person is permitted to keep more than the following numbers of colonies on any lot within the City, based upon the size of the apiary lot: i. One half acre lot or smaller: 2 colonies; ii. Lot larger than half acre but smaller than ¾ acre: 4 colonies; iii. Lot larger than ¾ acre lot but smaller than 1 acre: 6 colonies; iv. One acre lot but smaller than five acres: 8 colonies; v. Larger than five acres: no restriction. (2) In each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, the beekeeper shall establish and maintain a flyway barrier at least six feet in height. Subd. 5. Permit required. (1) No beekeeping may occur on any property in the City unless the City issues a permit to the beekeeper on that specific property. The permit will be valid for two growing seasons. (2) Permits are non-transferable and do not run with the land. (3) A permit constitutes a limited license granted to the beekeeper by the City and in no way creates a vested zoning right. (4) By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the City against any and all claims arising out of keeping the bees on the premises. (5) The fee for the initial permit shall be as established by the City Council. For each subsequent permit there shall be no fee for the permit, unless there are substantial changes to the apiary or there is a new beekeeper. (6) All standards of practice and colony density standards must be met in order to issue a permit. (7) If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the City. (8) Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping permit by the City. i. Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; or ii. Request consideration for having completed a comparable course from another institution or instructor; or iii. Request consideration for substituting equivalent experience for the honeybee keeping course; or iv. Provide a letter from a current beekeeping instructor at the University of Minnesota or Century College that states that the permit applicant has gained through other means a substantially similar knowledge base to one that could be gained through appropriate beekeeping courses at the University of Minnesota or Century College. (9) Any beekeeper wishing to make in person sales of honey from their home according to the standards of practice section must so indicate on the annual permit. Subd. 6. Penalty for violation of section. Any person who shall violate the 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 3. EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this ____ day of _________, 2012. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk DATE : July 3, 2012 TO: REGARDING: HEARING DATE: AUTHOR: BACKGROUND CHANGES a. Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College; or b. Request consideration for having completed a comparable course from another institution or instructor; or Page 2 of 4 c. Request consideration for substituting equivalent experience for the honeybee keeping course. The City shall consult with beekeeping instructors at the University of Minnesota or Century College to evaluate requests for substituting alternate training methods. The purpose for the consultation is to determine whether the requested alternate training provides a knowledge base substantially similar to the one learned through the University of Minnesota or Century College. REQUEST If the changes that are incorporated into ordinance are acceptable to the Planning Commission, staff requests that the Planning Commission would recommend that the City Council adopt the attached ordinance. DATE : June 6, 2012 Planning Commission TO: Beekeeping Ordinance REGARDING: June 11, 2012 HEARING DATE: Bill Turnblad, Community Development Director AUTHOR: BACKGROUND On April 17, 2012 several hobby beekeepers asked the City Counci amending the City Code to allow more beekeeping to occur in Stil the City allows one beehive on a property if that hive maintains from all property lines. Given the relatively small lots in Sti setback essentially precludes beekeeping in the City. The City Council directed staff to conduct research on beekeeping standards and regulations in other Cities. The research was brought back to t May 1. The Council found that the research merited a public hearing st if Stillwater should adopt new beekeeping regulations. Therefore, staff was directed to draft an ordinance and initiate the public hearing process. REQUEST Staff requests the Planning Commission to conduct a public heari consider public comments, and make a recommendation on the attac regulations. DISCUSSION Hobby beekeeping in an urban setting has become an increasingly discussion amongst Cities in the United States. In some Cities new ordinances have been adopted that balance the desires of hobby beekeepers with the desires of neighbors. Neighbors are primarily interested in minimizing pot 25 Page of nuisances. In other Cities these discussions have led to a deci beekeeping in town. Pros and Cons of Urban Beekeeping There are many benefits from allowing hobby beekeeping in urban of them are: 1) honey produced from urban nectar is less likely chemicals associated with commercial agriculture Ï first the specific chemicals used by urban gardeners are different that rural agri-businesses and second the chemicals applied by urban gardeners are often applied in the evening afte are not foraging; 2) they support necessary pollination for urba flower gardeners; 3) the hobby provides a means for families to their back yards. There can also be negative aspects if an apiary is not managed w include: bees at a neighborÔs pool (or other water feature); bee bees; a bee flight path that interferes with a neighborÔs use of property. If managed properly, these negative aspects can be minimized or eliminated. Bee colonies that are established in a yard that already has a c water source will get their water from within the apiary; not fr neighborÔs pool. Swarming can normally be prevented if colonies are closely and p managed. Aggressive bees can usually be avoided if the colonies are manag This includes, among other things using only European honeybee queens that are purchased from breeders who have a good track record of prov docile queens. To encourage a flight path that does not interfere with a neighb property, hive placement is critical. In Minnesota and in sever and countries, hives are recommended to be placed at least 25 fe property lines. After that distance, bees tend to be flying at is not a problem for neighbors. In a few states 50 feet is the hive setback distance. For both setback distances a provision is often offered for hive placement closer to a lot line. To be closer a flyway required. A flyway barrier is (usually) a six foot tall obstruc be a wooden privacy fence or a dense vegetative barrier. Bees f barrier and continue on that flight path. Though not incorporated into the attached draft ordinance, some adopted other standards to further minimize the likelihood of nu Stillwater could consider these as well: 35 Page of Minimum beekeeping training and classes required from certified If minimum training is required, also requiring a City permit fo is probably advisable. Specific water source standards adopted to assure water does not during the day, or if beekeeper goes on vacation. Security fencing to discourage neighborhood access to apiary. Re-queening: Some Cities recommend or require that a colony be every two years at the longest. Not only does this tend to redu hive aggressiveness, it keeps productivity higher and reduces hi Allow an extra temporary hive if the resident beekeeper is using swarms that may be found on other properties in the City. The h allowed to house the captured swarm for up to 30 days while a ho can be found to relocate them. If the City chooses to allow thi control hive, then the City should require a beekeeping permit. complaint an enforcement officer could simply check the permit file to see if the beekeeper is allowed to have a swarm control hive. Provisions of the ordinance shall not prevent the City from dest a bee colony in the event that there is an immediate need to protect the public safety. Such circumstances include, but are not limited to: (1) A bee colony not residing in a hive structure intended for beekeeping; (2) A swarm of bees that leaves the apiary; or (3) A colony residing in a standard or man-made hive which, by virtue of its condition, has obviously been abandoned by the bee SUMMARY OF TYPICAL REGULATIONS A matrix summarizing the ordinances of Cities that provided info information from the Planning Advisory Service of the American P Association is found below. For reference purposes, StillwaterÔ included in the matrix as are the regulations and standards of the Hobby BeekeeperÔs Association (HBA) Model Ordinance. City Council August 14, 2012 2012-08 DATECASE NO.: : Larry Cramer APPLICANT: A special use permit for outdoor seating on a roof top deck and REQUEST: variance to the parking requirements. 317 Main St S LOCATION: DMU Downtown Mixed Use COMPREHENSIVE PLAN DISTRICT: CBD Central Business District ZONING: August 21, 2012 CC DATE: Community Dev. Director, City Attorney, Fire Chief, Police Chief, REVIEWERS: Fire Marshal, and Building Official Michel Pogge, City Planner PREPARED BY : INTRODUCTION The applicant is requesting a special use permit (SUP) to allow outdoor seating for Rafters Bar & Grill. The outdoor seating area would be located on top o Since no on-site parking would be provided for the restaurant ex variance is also needed. The Planning Commission unanimously approved the SUP and parking July 9, 2012. On July 19, Doug Menikheim filed an appeal to the Planning th s to the City Council for consideration. SPECIFIC REQUEST In order to add the roof top deck, the applicant will need the f 1.A special use permit for outdoor dining. 2.A variance the parking requirement (6 spaces required/0 provided 317Main Street S Page 2 CASE HISTORY On March 16, 2012, Larry Cramer made application for a SUP and p Additionally, he made application to the HPC for a design review project is within the Downtown Stillwater Historic Commercial Di exterior changes. The HPC first reviewed the design review permit on April 2. In addition to the roof nd top patio, the initial plans called for an internal set of stairs as a main entrance to the patio along with an exterior set of stairs on the Water St side of the build an emergency exit. Due to concerns raised by the neighboring property owners and the HPC itself, the HPC tabled action on the request. On April the HPC did make it nd and simply wanted more information and to give time for the applicant to resolve variou neighbors. The SUP and Variance were first reviewed by the Planning Commiss at th which time the Planning Commission tabled action on the request due to concerns raised by neighboring property owners and questions the Planning wanted answered. To address the concerns of the Planning Commission and neighbori raised in April, staff contacted other metro communities to see top patios. What we found was in general, other communities han both Minneapolis and St Paul have over 30 roof top patios that h the last decade. Over the years the conditions placed on these evolved to address various issues when they came up. Additionally conditions vary from site to site due to unique situations (i.e. adjacent reside public sidewalks, etc). Staff reviewed the conditions both comm crafted a set of conditions that city staff felt addressed the concerns that were raised by the public and that staff anticipated could be issues with this On May 2, city staff (including the police chief, fire chief, building off nd planner) met with the applicant, his architect, and his security meeting was to review the proposal, discuss concerns with incide historically occurred at the site and review the conditions of a recommending on the proposal. Out of that meeting came a set of was comfortable with and the applicant reluctantly accepted. 317Main Street S Page 3 The HPC subsequently reviewed plans for two sets of external steps on May 7. This th plan required that a new main street door be added to the building to allow th secondary set of stairs to exit directly to the outdoors as requ fire codes. During the meeting on May 7, the neighboring property owner was th present and the commission, applicant, and neighbor discussed th obtaining an easement so an external set of stairs could be used the HPC. Based on the discussion, the Commission approved the p and external set of stairs. Since the external set of stairs required an easement from the n Commission tabled action on the request on May 14 to allow the applicant to complete th negotiations with the neighbor. The HPC reviewed final plans for an internal set of stairs that would be used as the main entrance and an external set of stairs that would be used a June 4th. The Commission approved the plans as presented. Since the external set of stairs required an easement from the n been received yet, the Planning Commission again tabled action o 11. th Based on emails from the neighbor, it became clear that an easem for the external set of stair was not going to happen. The appl plans for two internal sets of stairs with a new emergency only exit on to Main St. The HPC reviewed the revised plans on July 2 and approved the plans unanimously. nd The Planning Commission reviewed the final plans on July 9. The Commission th discussed the project at length, including concerns with potential safety hazards and what some commissioners felt were overly onerous conditions reco Staff. Ultimately the commission approved the plans unanimously modification to the conditions. Staff is agreeable to the revis by the commission. On July 19th, Doug Menikheim filed an appeal of the P thus, placing the case before the City Council for consideration ppeal period. Therefore the action of the HPC is final. EVALUATION OF REQUEST Attached to this report is a copy of the July 6 planning report to the Planning th Commission. Please review the July 6 planning report for the evaluation of request. th Starting on page 4 of this report are the conditions of approval Planning Commission on July 9. th 317Main Street S Page 4 ALTERNATIVES The City Council has the following options: 1.Approve the requests in whole or in part. 2.Deny the requests. If the Council is going to deny the requests take a vote to direct staff to prepare findings of fact, conclusion, and order for the denial. With a denial the Council has two options: a)Deny the request without prejudice. A denial without prejudice would allow the applicant to immediately reapply and go back through the review process. b)Deny the request. The applicant would be required to wait one year before resubmitting the requests. 3.Continue the request for more information. STAFF RECOMMENDATION The Fire Chief, Police Chief, Fire Marshal, and Building Officiahave all reviewed the plans. With the below condition for approval, staff is recommen special use permit and variances. CONDITIONS FOR APPROVAL If the Commission chooses to approve the project, staff would re following conditions of approval: 1.All revisions to the approved plan shall be reviewed and approve Planning Commission. 2.The applicant shall submit a SAC determination letter prior to t a building permit. 3.The application shall submit plans on the roof top deck certifie structural engineer prior to the issuance of a building permit. 4.Plans shall be approved by the building inspector and fire marsh the issuance of a building permit. 5.The applicant shall receive all appropriate Washington County He Department approvals. 6.The property or business owner shall purchase 6 monthly parking compensate for deficit in on-site parking between May 1st and Oc each year. 7.The east edge of the patio shall be no closer than 3 feet to the 8.No smoking shall be permitted on the roof top patio. 317Main Street S Page 5 9.No amplified music shall be permitted on the roof top patio. 10.Food and beverage service for all customers on the outdoor patio at 9:30 pm. All customers shall exit the outdoor patio area by one year, the Stillwater Police Chief may revisit the hours of o expand them up to one hour at his or her discretion. If the hou are expanded in the future, the Stillwater Police Chief may resc hours upon receiving substantiated complaints, safety issues, or the conditions of this permit. Additional hours of operation bey requires review and approval of the Planning Commission. 11.Drinks of all types are permitted on the roof top patio; however bar or alcohol beverage service station shall be located on the rooftop. After one year, the Stillwater Police Chief may revisit this condition 12.No glassware or glass bottles shall be available on the roof top 13.There shall be no waiting area on the roof top patio. 14.When the roof top patio is open, a security staff member shall p times on the patio. 15.Security cameras will a minimum resolution of 2 mega pixels and keep a minimum of 7 days of video shall be installed on the pati cameras shall capture all entrances/exits to the roof top patio the entire patio area. 16.A minimum of a 9 foot tall barrier shall be installed along the the patio. Final design shall be approved by the City Planner p issuance of the building permit. 17.A copy of a survey showing the current heights of this and the a buildings shall be submitted to the City prior to the issuance o permit. 18.This special use permit shall be reviewed before the Planning Co and City Council for possible revocation or amending of the condf substantiated complaints, safety issues, or violations of the co permit are received by the Community Development Director. th attachments: June 6Planning Reports AForm Packet Location map Michel Pogge From:Cindy Shilts Sent:Friday, August 17, 2012 10:49 AM To:Michel Pogge Subject:Rafters Roof Top Deck az‰;r w;.ÒzŒ7z“m5;¦·ÞzŒŒ“š·7;“ä·w;-š“­·©Ò-·zš“©ššE·š¦7;-‰¦©šÝz7;7ŒŒ¦¦Œz-,Œ;©;¨Òz©;’;“·­¦;©¦©;ÝzšÒ­ 7z­-Ò­­zš“­Þz·w·w;©-wz·;-·“7¦©š¦;©·äšÞ“;©©;’;·u›;ãz·z“mrŒz’z·;7š--Ò¦“·Œš7r-š“­·©Ò-·zš“’·;©zŒ­Eš© Ez©;©·;7­·z©;“-Œš­Ò©;rEŒŒ¦©š·;-·zš“r;·-uœ Cindy Shilts City of Stillwater Building Official 216 N 4th Street Stillwater, MN 55082 Phone (651)430-8827 Fax (651)430-8810 E-mail: cshilts@ci.stillwater.mn.us 1 a;’š©“7Ғ 5·;t August 15, 2012 št Mayor and City Council Members, Michel Pogge, Bill Turnblad C©š’t Chief John Gannaway {Ò,†;-·t Rafters Application/317 S. Main St. With regards to the application for a Special Use Permit regardi S. Main St., I am comfortable with the application as currently several conditions dictated. I would like to qualify my recommendation with two conditions: Permit be reviewed after one year by City Staff, taking into acc reported, including and not limited to any violations of the con; second, having the ability to suspend the Special Use Permit imm extraordinary events occur. his particular establishment, open under various names for many years, has had a history of calls for service req Department, over 40 in the past calendar year alone, with approx to criminal activity involving disorderly conduct or other alcoh other similar establishments in Stillwater that have similar num are applying for a Special Use Permit for a rooftop patio. That special conditions be applied to the granting of the Special Use Planning Commission July 6, 2012 2012-08 DATECASE NO.: : Larry Cramer APPLICANT: A special use permit for outdoor seating on a roof top deck and REQUEST: variance to the parking requirements. 317 Main St S LOCATION: DMU Downtown Mixed Use COMPREHENSIVE PLAN DISTRICT: CBD Central Business District ZONING: July 9, 2012 PC DATE: Community Dev. Director, Fire Chief, Police Chief, Fire Marshal, REVIEWERS: and Building Official Michel Pogge, City Planner PREPARED BY : BACKGROUND The applicant is requesting a special use permit to allow outdoor seating for Rafters Bar & Grill. The outdoor seating area would be located on top of th site parking would be provided for the restaurant expansion, a p needed. Since the April 5 meeting when this request was last seen by the Planning Commissi th a number of changes to the plans have occurred. 1) All of the e patio are now internal to the building. 2) A 9-foot tall barrier is proposed along the south side of the deck to protect the property to the south. 3) proposed between the deck and the building to the north to prote north. 4) The height of the patio has been shortened and a heig needed. 5) The guard rail is setback 3 feet to the building edg the sidewalk below the deck. The current plans represent a substantial improvement over the o 317Main Street S Page 2 SPECIFIC REQUEST In order to add the roof top deck, the applicant will need the f the Planning Commission: 1.A special use permit for outdoor dining. 2.A variance the parking requirement (6 spaces required/0 provided EVALUATION OF REQUEST Special Use Permit Sec. 31-207(d) of the City Code states that a Special Use Permit Planning Commission finds that: (1) The proposed use conforms to the requirements and the intent Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance Parking The new roof top deck is 680 square feet in size. At the rate of one parking space for each 120 square feet of space, the use would need 6 parking spaces. Since the space is currently a non-habitable roof area no parking credit for the space is provided. Therefore the proposed change in use potential need for 6 more parking spaces. Since the required spaces cannot be provided on site, a variance has been requested and is discussed (2) Any additional conditions necessary for the public interest On July 2, the HPC reviewed the request. The Architectural design commission approved the plans for the deck and the new proposed exit on Main St. Due to its location and potential to conflict Roof top deck hours of operation with residential units on the bluff, staff is recommending that operation be imposed on the roof top patio. Staff is recommendi beverage service for all customers on the outdoor patio cease by customers exit the outdoor patio area by 10:00 pm. After one ye Police Chief may revisit the hours of operation and expand them at his or her discretion. Additional hours of operation beyond require review and approval of the Planning Commission. 317Main Street S Page 3 Currently other communities in the metro are not permitting bar Roof top bar on roof top patios. There are a number of reasons for this. Fi delivery of intoxicating beverages and to it lessens the likelih party environment which could be detrimental to surrounding resi on the surrounding bluffs. Staff has gone back and forth on this condition and in fact at o eliminate this condition. Upon further consideration, staff, in chief, feels it is prudent to have this condition in place for t for the City to start with the condition and later remove it ver the permit latter and add the condition in. Staff has included one year, the Stillwater Police Chief may revisit this condition beverage service station on the roof top patio. If all goes wel be in place for only one year. Miscellaneous Plans will need to be approved by the engineering, fire and buil officials before the issuance of a building permit. Specific is in the conditions below. All changes to the approved plans will need to be reviewed and a by the Community Development Director. Any major changes will n to go to the Planning Commission for review and approval. (3) The use or structure will not constitute a nuisance or be de welfare of the community. As conditioned, staff finds this criterion to be satisfied. Parking Variance As mentioned above, based on the change of use for the proposed will need an additional 6 parking spaces to meet the Zoning Code regulation. However, the building within which Rafters is located has no on- Consequently a variance from the parking requirement has been re become common in the downtown zoning district to view the re-use of existing space as existing set of circumstances prevents the new business from cre number of on-site parking spaces. It is for situations such as established a downtown parking district, wh that the City has applied under these circumstances is that the required to purchase monthly parking permits. In practice, the employees or the business owners. This encourages the employees are a little further away from the business, allowing closer fre customers. 317Main Street S Page 4 In keeping with past practices, staff finds the variance review would recommend approval of the variance with the condition that business owner be required to buy 6 monthly parking permits between May 1st and October 31st each year while the patio is open. ALTERNATIVES The Planning Commission has the following options: 1.Approve the requests in whole or in part. 2.Deny the requests. 3.Continue the request for more information. The normal 60 day decision deadline and one time extension has passed; however, the applica voluntarily extended the decision deadline to September 15, 2012 STAFF RECOMMENDATION The Fire Chief, Police Chief, Fire Marshal, and Building Officiahave all reviewed the plans. With the below condition for approval, staff is recommen special use permit and variances. CONDITIONS FOR APPROVAL If the Commission chooses to approve the project, staff would re following conditions of approval: 1.All revisions to the approved plan shall be reviewed and approve Planning Commission. 2.The applicant shall submit a SAC determination letter prior to t a building permit. 3.The application shall submit plans on the roof top deck certifie structural engineer prior to the issuance of a building permit. 4.Plans shall be approved by the building inspector and fire marsh the issuance of a building permit. 5.The applicant shall receive all appropriate Washington County He Department approvals. 6.The property or business owner shall purchase 6 monthly parking compensate for deficit in on-site parking between May 1st and Oc each year. 7.The edge of the patio shall be no closer than 3 feet to the building edge. 8.No smoking shall be permitted on the roof top patio. 9.No amplified music shall be permitted on the roof top patio. 10.Food and beverage service for all customers on the outdoor patio at 9:30 pm. All customers shall exit the outdoor patio area by one year, the Stillwater Police Chief may revisit the hours of o expand them up to one hour at his or her discretion. If the hou are expanded in the future, the Stillwater Police Chief may resc hours upon receiving substantiated complaints, safety issues, or 317Main Street S Page 5 the conditions of this permit. Additional hours of operation bey requires review and approval of the Planning Commission. 11.Drinks of all types are permitted on the roof top patio; however bar or beverage service station shall be located on the rooftop. the Stillwater Police Chief may revisit this condition. 12.No glassware or glass bottles shall be available on the roof toppatio. 13.There shall be no waiting area on the roof top patio. 14.When the roof top patio is open, a security staff member shall p times on the patio. 15.Security cameras will a minimum resolution of 2 mega pixels and keep a minimum of 7 days of video shall be installed on the pati cameras shall capture all entrances/exits to the roof top patio the entire patio area. 16.A minimum of a 9 foot tall barrier shall be installed along the the patio. Final design shall be approved by the City Planner p issuance of the building permit. 17.A copy of a survey showing the current heights of this and the a buildings shall be submitted to the City prior to the issuance o permit. 18.This special use permit shall be reviewed before the Planning Co and City Council for possible revocation or amending the conditi permit if substantiated complaints, safety issues, or violations conditions of this permit are received by the Community Developm Director. attachments: Form,packet, and location map ORDINANCE NO. 1048 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 animal 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 animal, the officer may dispose of the animal in a proper and the animal 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 21st day of August, 2012. CITY OF STILLWATER _______________________________ Ken Harycki, Mayor ATTEST : _______________________________ Diane F. Ward, City Clerk Mayor & Councilmembers TO: Bill Turnblad, Community Development Director FROM: August 16, 2012 DATE : RE: Multi-Person Tour Cycle License BACKGROUND st On July 31 the City Council approved a Resolution authorizing staff to grant Patricia Wolf a license to operate a multiple-person tour cycle business in downtown Stillwater. The business office and bike storage is located at 222 Commercial Street. As Wolf stated at the Council meeting, her plan was to request an amendment to her license to allow her to serve alcohol on the tour cycle. She has submitted that request. She also mentioned that she planned to request a reserved parking space on Water Street for the tour cycle during business hours. She has presented that request to the Downtown Parking Commission, which unanimously recommended approval of the one reserved space at a fee of $3 per day. COMMENTS Police Department Police Chief Gannaway reviewed the requested amendment and finds it to be satisfactory provided that: 1) the tour guides ensure that the patrons stay on the vehicle while drinking alcoholic beverages; and 2) that anyone on the tour bike of legal age that is drinking alcoholic beverages has been issued a colored wristband and is wearing that wristband. City Attorney City Attorney Magnuson notes that the Pedibus exception written into state law is found in the Open Bottle Law, and that law deals only with open bottles in a vehicle. The city’s codes include an Open Container Ordinance that controls drinking on public streets, sidewalks and public parking areas. It applies to people on foot, and prohibits consumption as well as possession. To be clear on the issue of drinking on a tour bike, the city will need to amend its code to explicitly allow the PedalPub scenario. Since an argument could be made that state statute allows the PedalPub in Stillwater, if the Council approves the concept, Wolf should be allowed to go ahead without waiting for the code Wolf Tour Cycle Page 2 amendment that explicitly allows the PedalPub business. The city would formally agree not to prosecute pending the change. st The 1 reading of the necessary ordinance amendment is attached. Reserved Parking Space Fee The cost of the reserved parking space is to be determined by the City Council. The Parking Commission recommended the fee be calculated the same way it was for the Stillwater Trolley Company. They pay $3 per day per space this year. ALTERNATIVES There are several alternatives available to the City Council. Some of those alternatives are: st A.Approve the attached Resolution and 1 reading of the open container ordinance. B.Table the request for further review. C.Deny the request. bt Attachments: Amended Resolution of Approval July 30 Council Report Open Container Ordinance Amendment RESOLUTION NO. 2012-____ RESOLUTION AMENDING RESOLUTION NO. 2012- 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 multiple-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; and WHEREAS, Patricia Wolf has requested an amendment to her license to grant a reserved parking space on Water Street and to allow alcohol service on the multiple- person tour cycles; and WHEREAS, the City Council reviewed the amendment request at their regularly scheduled meeting on August 21, 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 multiple-person tour cycle business. 2. Patricia Wolf may operate one multiple-person tour cycle in Stillwater in 2012. 3. This license is valid from August 1, 2012 to December 31, 2012. 4. No license will 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 multiple-purpose tour cycle may be operated upon a public sidewalk. b. No multiple-purpose tour cycle may 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 multiple-purpose tour cycle. Consequently, each multiple-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 multiple-purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multiple-purpose tour cycle operators must have in their possession a valid driver's license while in control of any multiple-purpose tour cycle, and shall operate the 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. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multiple-purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. 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. i. 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. j. 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. k.Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. 6. After the first tour bike season the Parking Commission will review the reserved parking arrangement for safety and operational aspects. 7. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 8. The fee for the reserved on-street parking space on Water Street is $3 per day. The cumulative fee for the entire season must be paid by August 31, 2012 and th by April 30 each subsequent year. The fee is subject to review and possible increase by the City Council annually. 9. A sign is required to be installed for the reserved parking space. The sign must be reviewed and approved by the Public Works Department. The cost of the sign and its installation will be the responsibility of Pat Wolf. st Adopted by the Stillwater City Council this 21 day of August, 2012. _____________________________ Ken Harycki, Mayor ATTEST: __________________________ Diane F. Ward, City Clerk Mayor & Councilmembers TO: Bill Turnblad, Community Development Director FROM: July 30, 2012 DATE : 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. ndnd The requested route starts at 222 Commercial Street and proceeds to 2 Street; from 2 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. st 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 st reviewed and renewed annually. It would expire December 31. 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 BICYCLE ENTERTAINMENT LICENSING REQUEST A Proposal to the City of Stillwater Pat Wolf BierCycle Adventures, LLC July 2012 BierCycle Adventures, LLC -inc.com Stillwater Licensing Proposal July 2012 BierCycle Adventures, LLC OWNER BIO 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 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 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. -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 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. Destination Route 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 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. 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. st May 1 until Memorial Monday Thursday Friday - Sunday Day Weekend 11 am 6 pm 11 am 6 pm Memorial Day Weekend Sunday Thursday Friday Saturday through Labor Day 11 am 7 pm 11 am 9 pm Weekend After Labor Day Monday Thursday Friday Sunday st through October 31 1 pm 6 pm 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, I 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. Seen in action on the London Bridge. Stillwater Licensing Proposal July 2012 PARTY BIKES AROUND THE WORLD The PedalPub in Minneapolis. A beer bike in Berlin. Dublin Pedi Bus. Wolf Tour Cycle Page 3 ORDINANCE NO.: AN ORDINANCE AMENDING THE STILLWATER CITY CODE, SECTION 52.15, BY ADDING SECTION 52.15, SUBDIVISION 4 THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1.Adding . A new Subdivision 4 is added to §52.15 that will hereafter read as follows: “Subd. 4. Section 52.15 does not prohibit the possession or consumption of alcoholic beverages by passengers in a vehicle that is operated for commercial purposes in a manner similar to a bicycle by passengers who provide pedal power to the drive train of the vehicle.” 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. CITY OF STILLWATER _______________________________ Ken Harycki, Mayor ATTEST : _______________________________ Diane F. Ward, City Clerk Memo Community Development Department To: City Council From: Michel Pogge, City Planner Date: Friday, August 17, 2012 Re: Downtown Plan Update Message: BACKGROUND On June 19, 2012, a group of Stillwater citizens made a presenta concerning updating the downtown plan. At that meeting, Council consider the timing and scope of an update to the downtown chapt Comprehensive Plan and to present the information at the August Council meeting. This memo outlines what steps staff has taken to prepare for theupdate and what steps need to be taken in the future to successfully plan for the exci occurring in Downtown Stillwater. UPCOMING CHANGES There are a number of changes that will be occurring in downtown that opens real opportunities for the downtown. These changes include: St Croix River Crossing New bridge opens in 2016 o Loop trail and lift bridge conversion completed in 2017 o Browns Creek State Trail Initial construction from downtown to Browns Creek Reserve in Fall of 2013 o Completion of the trail to the Gateway Trail is currently unknown due to lack o of funding. If funding is not fully secured until the 2014 bonding session t trail will not be fully completed until 2015 at the earliest. National Guard Armory Relocation of the existing downtown personnel will occur sometim o new armory opens in December of 2015. There is no doubt that Downtown Stillwater is entering an exciti From the desk of... City PlannerCity of Stillwater216 N. 4 StreetStillwater, MN 55082 Michel Pogge, AICP · · · · th 651.430-8822Fax: 651.430-8810email: mpogge@ci.stillwater.mn.us · · PREPARING FOR THE CHANGE Over the year, city staff has actively been involved with our partners at the MnDOT, MnDNR, and the National Guard to understand and to plan for these exciding projects. Beyond working with our partners directly, staff has undertaken a number of tasks to plan for these changes. They have included: The City will borrow traffic counters from Washington County and Woodbury this fall to conduct traffic counts while the bridge is closed. will be taken at the same locations where counts were taken in 2005 when the bridge was last closed and will include additional locations to give a more complete picture of traffic in the downtown area. Requested $25,000 in the Community Devel for consulting services to assist with a downtown plan update. Stafplans to request an additional $25,000 in 2014 and possibly 2015 to suppl funding. As new construction occurs in the downtown we are implementing m friendly amenities. This includes the new pedestrian walkway whbike racks and water bottle filling station were installed. WHEN TO PLAN FOR THE CHANGE While the city and staff have taken steps to begin planning for the various changes, we believe that it is somewhat premature to update the plan this yeThere are several reasons why staff believes waiting until 2014 to begin t prudent: In 2012 and 2013 there are a number of downtown construction projects that are occurring in the downtown that will impact a downtown plan. The includes: The Pedestrian Walkway o Parking Lot upgrades and traffic pattern changes o Lowell Park Improvements o Downtown Trail north of Myrtle o Amphitheater o Two new restroom facilities in downtown o Underground storm water improvements o With the number and scale of the projects that will be occurring we believe that it is prudent to wait for the update until these projects are compl time to evaluate their impacts on the downtown. We would then b update the downtown plan about one year after the projects are a From the desk of... City PlannerCity of Stillwater216 N. 4 StreetStillwater, MN 55082 Michel Pogge, AICP · · · · th 651.430-8822Fax: 651.430-8810email: mpogge@ci.stillwater.mn.us · · Staff believes that a phased approach to planning for the state trail is prudent. This includes: Developing a reasonable number of bike friendly amenities now wh o the same time be ready to construct additional amenities based o Start the downtown plan update after the first leg of the trail between o downtown and Brows Creek Reserve Park is completed and before the trail actually connects to the gateway trail. This will allow p take in to account real world data as the plan update is being completed. WHAT CHANGE TO PLAN FOR While staff has taken steps to begin planning for the various ch minimum the downtown plan update will need to include: A review of potential impact of the new trails and develop an implementation strategy. Have a dialog with area businesses about possible changes to sur streets and intersections once the lift bridge closes to vehicular traffic. Discussion items would include: Possibly eliminating parking on Main St and widening the sidewalks in o order to make Main Street more walkable. The wider sidewalks could also allow cafes and other business uses directly on Main St which are currently precluded due to the narrow nature of our downtown sidewalks. Review and develop strategies for pedestrian circulation o Study the redevelopment of the Armory site and other underutiliz downtown Study the changing economics of downtown CITY STAFF ROLE IN PLANNING FOR CHANGE This is an exciting time for Downtown Stillwater. While the City will need assistan items such as traffic and pedestrian circulation, most planning accomplished in house with the staff and the expertise the City already has. We believe that much of the planning can be handled in house. STAFF RECOMMENDATION The Council should discuss the City Staffs proposed approach to the Downtown Plan Update and provide direction on how they would like staff to proceed. From the desk of... City PlannerCity of Stillwater216 N. 4 StreetStillwater, MN 55082 Michel Pogge, AICP · · · · th 651.430-8822Fax: 651.430-8810email: mpogge@ci.stillwater.mn.us · · ter I iTl Community Development Department To: City Council From: Michel Pogge, City Planne al Date: Friday, August 17, 2012 Re: Downtown Plan Update Message: BACKGROUND On June 19, 2012, a group of Stillwater citizens made a presentation to the Council concerning updating the downtown plan. At that meeting, Council asked staff to consider the timing and scope of an update to the downtown chapter of the Comprehensive Plan and to present the information at the August Council meeting. This memo outlines what steps staff has taken to prepare for the update and what steps need to be taken in the future to successfully plan for the exciting changes that are occurring in Downtown Stillwater. UPCOMING CHANGES There are a number of changes that will be occurring in downtown that opens real opportunities for the downtown. These changes include: • St Croix River Crossing • New bridge opens in 2016 • Loop trail and Ifft bridge conversion completed in 2017 • Browns Creek State Trail • Initial construction from downtown to Browns Creek Reserve in Fall of 2013 • Completion of the trail to the Gateway Trail is currently unknown due to lack of funding. If funding is not fully secured until the 2014 bonding session the trail will not be fully completed until 2015 at the earliest. • National Guard Armory o Relocation of the existing downtown personnel will occur sometime after the new armory opens in December of 2015. There is no doubt that Downtown Stillwater is entering an exciting new phase. From the desk of... Michel Pogge, AICP • City Planner - City of Stillwater • 216 N. 41" Street - Stillwater, MN 55082 651.430-8822 -Fax: 651.430-8810 -email: mpogge@ci.stillwater.mmus PREPARING FOR THE CHANGE Over the year, city staff has actively been involved with our partners at the MnDOT, MnDNR, and the National Guard to understand, voice the City's position, and to plan for these exciding projects. Beyond working with our partners directly, staff has undertaken a number of tasks to plan for these changes. They have included: • The City will borrow traffic counters from Washington County and the City of Woodbury this fall to conduct traffic counts while the bridge is closed. Counts will be taken at the same locations where counts were taken in 2005 when the bridge was last closed and will include additional locations to give a more complete picture of traffic in the downtown area. • Requested $25,000 in the Community Development Department's 2013 budget for consulting services to assist with a downtown plan update. Staff plans to request an additional $25,000 in 2014 and possibly 2015 to supplement this initial funding. • As new construction occurs in the downtown we are implementing more bike friendly amenities. This includes the new pedestrian walkway where bike racks and water bottle filling station were installed. WHEN TO PLAN FOR THE CHANGE While the city and staff have taken steps to begin planning for the various changes, we believe that it is somewhat premature to update the plan this year or next. There are several reasons why staff believes waiting until 2014 to begin the update work is prudent: In 2012 and 2013 there are a number of downtown construction projects that are occurring in the downtown that will impact a downtown plan. These changes includes: • The Pedestrian Walkway • Parking Lot upgrades and traffic pattern changes • Lowell Park Improvements • Downtown Trail north of Myrtle • Amphitheater • Two new restroom facilities in downtown • Underground storm water improvements With the number and scale of the projects that will be occurring we believe that it is prudent to wait for the update until these projects are completed and we have time to evaluate their impacts on the downtown. We would then begin the update the downtown plan about one year after the projects are all completed. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge@ci.stillwater.mn.us Staff believes that a phased approach to planning for the state trail is prudent. This includes: • Developing a reasonable number of bike friendly amenities now while at the same time be ready to construct additional amenities based on need. • Start the downtown plan update after the first leg of the trail between downtown and Brown's Creek Reserve Park is completed and before the trail actually connects to the gateway trail. This will allow planners to take in to account real world data as the plan update is being completed. WHAT CHANGE TO PLAN FOR While staff has taken steps to begin planning for the various changes we believe at a minimum the downtown plan update will need to include: • A review of potential impact of the new trails and develop an implementation strategy. • Have a dialog with area businesses about possible changes to surrounding streets and intersections once the lift bridge closes to vehicular traffic. Discussion items would include: • Possibly eliminating parking on Main St and widening the sidewalks in order to make Main Street more walkable. The wider sidewalks could also allow cafes and other business uses directly on Main St which are currently precluded due to the narrow nature of our downtown sidewalks. • Review and develop strategies for pedestrian circulation • Study the redevelopment of the Armory site and other underutilized sites in the downtown • Study the changing economics of downtown CITY STAFF ROLE IN PLANNING FOR CHANGE This is an exciting time for Downtown Stillwater. While the City will need assistance on items such as traffic and pedestrian circulation, most planning and design work can be accomplished in house with the staff and the expertise the City already has. We believe that much of the planning can be handled in house. STAFF RECOMMENDATION The Council should discuss the City Staffs proposed approach to the Downtown Plan Update and provide direction on how they would like staff to proceed. From the desk of... Michel Pogge, AICP • City Planner • City of Stillwater • 216 N. 4th Street • Stillwater, MN 55082 651.430 -8822 • Fax: 651.430 -8810 • email: mpogge @ci.stillwater.mn.us MEMORANDUM TO: Mayor & Council FROM: Diane Ward, City Clerk SUBJECT: Log Run Race Brian Mastel As you may recall, Brian Mastel and Randy Fulton received approv 14 and July 21. Since those approvals were given, Brian Mastel Randy Fulton which was not held on July 14. Mr. Mastel has move 20, 2012. It is the same race that was approved by Council on A Mr. Fulton, the only change is the date and the ownership. The race will end at Mulberry Point as previously approved. The contract has been changed to reflect those changes and is pr The costs associated with this race would be: Police Services - $1,500 Fire Services - $756 Organizer will provide restrooms and any barricades ACTION REQUIRED: Review the request and if Council wishes to approve the attached motion adopting a resolution entitled Approval of Agreement with Mastel Event Management LLC APPROVAL OF AGREEMENT WITH MASTEL EVENT MANAGEMENT LLC BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Mastel Event Management LLC and the City of Stillwater f Run event is hereby approved and authorizes the Mayor and City Clerk to sign agreement. st Adopted by the City Council of the City of Stillwater this 21 day of August, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER LOG RUN (10 MILE AND 5K) AGREEMENT WITH MASTEL EVENT MANAGEMENT LLC THIS AGREEMENTCITY is made this _____ day of ___________, 2012 between the OF STILLWATERMASTEL EVENT and MANAGEMENT LLC, a Minnesota Avenue N., Minneapolis, MN 55412. recitals 1.Race. The City hereby authorizes Organizer to organize and cond Stillwater Log Runin order to foster and promote tourism within the City of Stillwater and the St. Croix encourage commerce within the City that will ultimately increase and the quality of life within the City, thereby promoting the w The Race will be set up and conduct the race on October 20, 2012 2.Dates and Hours of Event: Setup: October 20, 2012 (5:00 to 7:00 a.m.) Event: October 20, 2012 (8:00 a.m. to 12:00 p.m.- NOON) Cleanup: October 20 , 2012 (12:00 p.m.- NOON to 2:00 p.m.) 3.The Race. The will include a 10 Mile and 5K 4.Starting, Finish Line & Routes. 10 Mile Route (a). The race will start at Square Lake Park continues south on Minnesota State Highway 95 towards Arcola Trail N, then south on Arcola Trail N to Minnesota State Highway 95 South on Main Stree towards Mulberry Street E and East on Mulberry Street and end at Mulberry Point. 5K Course (b). The race will start at the Boom Site on Minnesota State Highway 95 towards Main Street N towards Mulberry Street E and E on Mulberry Street to river walk via Mulberry Point and end at M Point. (c)Changes in the Race Course or Start and Finish Lines that deviat Race Course described in this section may be made only by agreem the Parties, and far enough in advance of the Race to allow for input, public safety and health considerations to be smoothly ad any changes. 5.Parking Control. The purpose of the Parking conditions is to en Downtown businesses retain parking availability for their custom Race. To further this purpose, 1 (a)Organizer will: i.Promote remote parking by Race participants by including a parking map and information, along with confirmation cards sent to all Race participants, and on other pre-Race promotional literature. ii.Organizer will submit a traffic and participant parking plan to Police Chief by September 10, 2012 for City review and comment. iii.The parties agree to monitor the parking disbursal plan for the finish of the Race that addresses and mitigates parking congesti in the Downtown, in order that normal businesses housed in the Downtown are not damaged by Race congestion. The plan must be finalized by Organizer in consultation with the Stillwater Po Chief by September 28, 2012. 6.Traffic Control Points. The intersections of all streets and ro Course (Course) will be controlled by Police or event staff. Tr allowed to cross the course at every intersection, runner traffi addition, Race staff will assist residents with homes on the cou their driveways and escorting them to the nearest cross street, permitting. Residences with homes on the course will receive a from Organizer informing them of specific Race timelines and wil Further, on the night before the Race, Organizer will attempt to make personal contact with owner that appear to be parked on the Race course. This will be done n with the Stillwater Police Department. Every effort will be mad even eliminate the involuntary towing of vehicles because of the September 28, 2012 a Road Closure Plan must be agreed upon by Or the Stillwater Police Chief. 7.Other Agencies. Organizer is responsible for obtaining all agre permits with outside agencies 8.Garbage and Rubbish Removal. All garbage and refuse generated b including that left by spectators along the route, will be remov disposed of by sundown on the day of the Race. 9.Water Stops and First Aid Stations. Water and first aid station established at the start, finishes, and throughout the race cour National Race Standards for Races. 10.Emergency Plan. The Race emergency plan will be designed by Organizer with the assistance of National Race experts, Police and Fire Departm communities through which the Race will pass, and Lakeview Hospi Emergency Services. This plan must be received by the city at l to the race. Further, Organizer will retain a qualified medical doctor (MD) w regarding Races to review and approve the life safety aspects of 2 Plan. The City reserves the right to review and approve the MD Organizer must provide proof to the City that the MD so selected retained for this purpose. Organizer agrees to authorize the MD Race as required to protect the health and safety of the Race pa 11.Food, Liquor and Vending. Organizer will not provide commercial or vending, nor will they license others to provide these servic participants in City parks. This provision does not prevent Organizer from providing free standard recovery food and nonalcoholic beverages participants. 12.Closing of the Course. All barricades and cones will be removed and the Race courses closed by 3 p.m. on Race day. 13.Insurance, Hold Harmless, and Indemnity. Organizer agrees to in hold harmless the City with regard to any claims, causes of acti might be brought against the City arising out of the events auth Agreement; and further, Organizer agrees to provide to the City insurance coverage of at least the amount of the maximum liabili set forth from time to time in Minnesota Statutes Section §466.0 claims that might be brought against them that arise out of the by this Agreement and to name the City as an additional insured October 1, 2012 14.Public Information. Organizer will make every reasonable effort property owners and businesses along the Race courses of any res might be placed upon their movements during the Race. Leaflets information must be delivered to each such owner by mail one wee race and delivered to the mailbox of each owner on the Friday be 15.Promotional Activities. Organizer will consult with the Convent Bureau (CVB) and the Independent Business Association (IBA) and Chamber to develop a promotional plan that includes information local business and restaurants. 16.Community Participation. The City will work with Organizer and encourage community participation in Race preparation and Race c effort will include press releases, mail and media announcements describe opportunities for the involvement of local citizens in 17.Police Power. The City reserves the right to shut down the Race Chief of Police determines that the public safety is threatened, safety of Race participants is threatened because of weather, te unforeseen cause that threatens the public health or safety or i by the Medical Doctor designated by the Race in the Emergency Pl 18.City Costs. Organizer will prepay the City for the estimated costs of the Ci Police Department, Public Works Department, and Fire Department determined by the City Administrator for city services needed to and maintain the Race or any supporting activities. The paymen costs and costs incurred at the time of the billing (i.e. neighb 3 expenses and/or city equipment) shall be received by the City no (3) weeks prior to the event . Failure to make the payment will result in cancellation of the event. In the event of a cancellation of this Race after the deposit is be entitled to deduct actual out of pocket costs incurred in pre Race, before returning the balance to Organizer. 19.City Services. The type and amount of materials needed for the determined by the Assistant Public Works Superintendent. The Org required to provide portable toilets to augment the existing fac for street closure, trash removal and electricity for vendors. contact the City to arrange rental of materials and will be char according to the City of Stillwater Event permit fee schedule. i.Portable Toilets. Organizer will provide portable toilets that w near the starting line, near the finish line, and spotted throug course in keeping with Standard Race Requirements. The number o portable toilets will be established in consultation with the As Public Works Superintendent (Parks). All toilets must be locate gravel lot. The Organizer shall also stock the existing restroom Lowell Park during the event with supplies provided by the City. portable toilets are privately contracted, all portable toilets in the gravel lot and will be removed by the close of business on following the event. In the event that all portable toilets are before the close of business on said Monday, the City is authori contract for and remove the toilets and add to costs so incurred that Organizer is required to pay pursuant to §16 of this Agreem ii.Barricade Placement. The Organizer shall place reflective stand barricades no later than 8:00 a.m. on date of event at per the O traffic plan and/or designated by the Public Works Department. iii.Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accu trash generated by the Event. The Organizer shall make certain trash is picked up during and after Event daily. The Organizer remove any excessive garbage that does not fit within the recept dispose in trash dumpsters. The City reserves the right to requ additional receptacles should the Organizer not remove excess ga from the Event. iv.Electricity and Water. Each electrical box needed for the Event opened by the City on the date of event. The Organizer shall be for the use of each electrical box according to the permit fee s The City shall provide the Organizer a key for the water shut of The Organizer shall provide a $50 deposit for such key and will reimbursed upon return of said key. 4 20.Term. The term of this Agreement will be one year unless terminated ea the City on public safety grounds. 21.The Application for the Event as submitted by the Organizer is c this Contract and any representations of the Organizer or condit the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective t written above. MASTEL EVENT MANAGEMENT LLC By Brian Mastel Its ________________________ STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ d __________________ 2012, by Brian Mastel, the __________________ MASTEL EVENT MANAGEMENT LLC agent for ., a Minnesota limited liability corporation. Notary Public CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ ____________, 2012, by Ken Harycki, Mayor, and Diane F. Ward, Cl Stillwater. Notary Public 5 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2012 STREET IMPROVEMENT PROJECT (PROJECT 2012-02), L.I. #393 WHEREAS, a contract has been let and costs have been determined for the improvement of streets and the contract (bid) price for such improvement is $1,792,321 and the expenses incurred or to be incurred in the making of such improvement amount to $347,287 so that the total cost of the improvement will be $2,139,608. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA : 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $1,061,106 and the portion of the cost to be assessed against benefited property owners is declared to be $1,078,502. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear interest at the rate of (4%) four percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. th Adopted by the council this 21 day of August 2012. ______________________________ Ken Harycki, Mayor ATTEST: _________________________________ Diane F. Ward, City Clerk MUNICIPALITY: STILLWATER, MINNESOTA PROJECT NO.:2012-02 2012 Street Improvement Project L.I. NO.393PROJECT NAME ACCOUNT NUMBER EXPENDITURES: Actual Costs to EstimatedTotal Costs August 15, 2012Completion Costs Construction Costs $932,634.00$859,687.50$1,792,321.50 Engineering Department $253,391.00$50,000.00$303,391.00 (Excluding Assessment Roll Preparation) Preliminary Studies Feasibility Plans & Specifications Contract Administration Field Administration Consulting Engineer $2,750.00$2,000.00$4,750.00 Fiscal Agents and Bonding Costs Legal City Attorney Bond Attorney Private Property Easements and Land Acquisition Administrative Costs Other Costs Postage $391.50$391.50$783.00 Printing & Publishing $240.00$120.00$360.00 Other Professionals Misc. Water Board Costs Assessment Roll Preparation Engineering Department $500.00$500.00 County $8,310.00$8,310.00 Assessment Notice Publication Interest on Capital @ $9,193.05 Roll Adopted Contingency$20,000.00$20,000.00 Grand Total $2,139,608.55 Amount to be Received from Special Assessments$1,078,502.00 Amount to be Received from Stormwater grant$31,000.00 Amount to be Received from Water Board$26,683.80 Amount to be Received from Capital Projects Funds$1,003,422.75 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2012 STREET IMPROVEMENT PROJECT (PROJECT 2012-02), L.I. #393 WHEREAS, by a resolution passed by the Council on August 21, 2012, the city clerk was directed to prepare a proposed assessment of the cost for the 2012 Street Improvement Project. The following is the area proposed to be assessed. nd Properties abutting Laurel Street (North Owens Street to North 2 Street), North 3rd Street (West Myrtle Street north to dead end), North Everett Street (West Myrtle Street to West Laurel Street), North Martha Street (West Myrtle Street to West Mulberry Street), North Harriet Street (West Myrtle Street to West Linden Street), West Linden Street (North Everett Street to North Harriet Street), Rice Street th (North Everett Street east to dead end), Northwestern Avenue, 6 Avenue South (East Churchill Street thrd to East Orleans Street), East Churchill Street (6 Avenue South to South 3 Street) WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held on the 18th day of September, 2012 in the city hall at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is th , 2012. He/she may at any time thereafter, pay to the City Treasurer; (in paid by November 15 whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. st Adopted by the City Council this 21 day of August 2012. _______________________________ Ken Harycki, Mayor ATTEST: ______________________________________ Diane F. Ward, City Clerk To: Stillwater Council and Staff RE: A Stillwater Municipal Swimming Pool - Benefits Abound DA: August 15, 2012 FR: Judy Gulden, Resident, 218 N. Martha Street, Stillwater, MN City Council and Mayor, I regret that I am unable to attend the August 21 City Council meeting and to bring this letter to you in person. I have asked Diane Ward to circulate this letter of request to you and to the appropriate City Staff. Thank you, Diane. Considering many factors and the needs of our community, it seemsit would be beneficial to develop a long range plan for a Stillwater municipal swimming pool. Perhaps a possible site to consider would be City owned property such as the property near the skate board park or other City owned parkland. I am aware that this is may not seem to be a good time to consider the idea of a municipal pool in our town. There never may be a good current budget is stretched and staff time is extremely limited and that it would seem that even in the future this is not a possible goal for Stillwater to attain but please move towards the goal. The Stillwater community lacks a safe pool that is accessible for families and individuals by bike, walking or a ‘z·w ·w; Eš-Ò­;7 -šŒŒ;-·zÝ; Þz­7š’ “7 ©;­šÒ©-;EҌ“;­­ šE {·zŒŒÞ·;© /z·ä IŒŒr {·zŒŒÞ·;©³­ ;“·wÒ­z­·z- w©7 ޚ©‰z“m -zÝz- m©šÒ¦­ “7 ©;­z7;“·­r “7 Þz·w z“ÝšŒÝ;’;“· šE ·w; mšŒ šE  ’Ò“z-z¦Œ ­Þz’’z“m äšÒ m©;;j w; ¦ššŒ 7š;­ “š· wÝ; ·š ,; m©“7zš­; š© ,; ;Ý;©ä·wz“m ·š ;Ý;©äš“; š© ·w; ’š­· ;Œ,š©·; ;Ý;© ,ÒzŒ·u .;ŒŒ­ ¦;©w¦­ ,; “·z-z¦·;7 “7 77;7 z“ ·w; EÒ·Ò©; š© “š· 77;7. Eš©’Œ z“·;©;­· ·š wÝ;  ’Ò“z-z¦Œ ¦ššŒ z“ šÒ© ·šÞ“ ޚҌ7 ­;“7  ’;­­m; ·š -š’’Ò“z·ä Œ;7;©­r -zÝz- š©m“zé·zš“­r m;“-z;­r ¦š·;“·zŒ ¦©·“;©­r -z·zé;“­ “7 ·w; ¦wzŒ“·w©š¦z- -š’’Ò“z·ä ·w· Eғ7©z­z“m ¦©š¦š­Œ­ “7 m©“· Þ©z·z“m ­­z­·“-; ޚҌ7 ,; Þ;Œ-š’; “7 ¦¦©;-z·;7. I hope there will be an opportunity at the August Park and Recreation Commission to request the comments and direction. I respectfully request assistance from a City Staff and the Park and Recreation Commission to provide guidance, exchange ideas, and to begin a preliminary draft to guide a planning process that would be presented to you. I would very much appreciate your written comments and direction so that effective communication with interested citizens and potential organizations can proceed. It is my hope that a meeting could be arranged in September or October to begin a preliminary draft which would guide a planning process. Thank you for your serious consideration to this request and you Sincerely, Judy Gulden, Stillwater Resident 651-439-8368, guldenstillwater@comcast.net Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, August 14, 2012 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651-430-6001. is to provide quality public services in a cost-effective manner through innovation, leadership, and the cooperation of dedicated people. County Board continues review of 2013 budget a budget that requests no increase in the property tax levy. The recommended budget, first introduced to the board by Kevin Corbid, deputy administrator, Aug. 7, calls for no increase in the county property tax levy or the levy for the Land and Water Legacy Program. Non-property tax revenues, which include fees for services and state and federal funding, are projected to increase by just 0.1 percent. Proposed total budget expenditures of $173.4 million are the same as in 2012, and are made up of a 2.2 percent increase in operating expenditures and a decrease of 12 percent in capital expenditures. Additional detail for the 2013 budget will be presented by department heads during August. During the Aug. 14 meeting, the board heard budget plans for the Department of Property Records and Taxpayers Services, Public Works, and the Library. The Department of Property Records and Taxpayer Services performs the mandated services of county assessor, auditor, recorder or treasurer. It also manages the License Centers, does contracted assessing and election services, and delivers ude a capital expenditure on new election equipment for the county, part of which will be paid for with a federal grant, part of which will be paid for with county levy and state program aid. The Public Works Department is facing the challenges of county roadways with more traffic, parks with record-breaking attendance, and a growing demand for transportation options. The department is projecting a 10 percent savings in energy in county buildings with new operational initiatives. In the coming year, the budget calls for replacing trucks and other Several road and trail upgrades are proposed, including an upgrade of the streets and trails around the Government Center in Stillwater. Construction will begin on the planned Newport Transit Center, and studies will continue or begin on transportation corridors in the county. The Washington County Library is proposing to restore some of the hours that were reduced at the beginning of 2012 at The board will continue to review options that will best meet the needs of library users. The County Board will have until December to review budget proposals and provide direction. A preliminary property tax levy will be approved in September, after which the board may lower, but not raise, the levy. A final property tax levy and budget will be approved in December. County residents are invited to comment at any time during the budget process. A budget hearing is scheduled for the evening of Dec. 6. The proposed notice of property taxes for 2013, which will be mailed to each county property owner in late November, will include the times and dates of all budget hearings. Page 1 of 3 The budget will continue to be reviewed by the County Board over the next five weeks. The budget guiding principles established by the County Board place a high priority for spending on core services that address the essential health, public safety, welfare, and transportation needs of the residents and taxpayers of Washington County. Thelen named to extension committee Mary Ann Thelen, Oakdale, was named to the Minnesota Extension Committee for Washington County by the County Board Aug. 14. Thelen will serve her first term, which will expire Dec. 31, 2014. The Washington County Extension Committee helps discern the particular needs of the county and implement a program fulfilling the goals of the people of the county and of the Minnesota Agricultural Extension Service. County Extension Work includes educational programs and services provided by extension agents in the areas of agriculture, economic and human development, community leadership, and environment and natural resources. The Washington County Extension Committee works with the Washington County Board of Commissioners through the Department of Public Health and Environment to meet its goals. Weaver named to Carnelian-Marine-St. Croix Watershed District Board of Managers Andrew Weaver, May Township, was named to the Carnelian-Marine-St. Croix Watershed District Board of Managers by the Washington County Board of Commissioners Aug. 14. Weaver will serve a three-year term, which will expire June 21, 2015. Watershed district governance, required by state statute, helps to control or alleviate damage by flood waters; improve stream channels for drainage or navigation; reclaim or fill wet or overflow lands; oversee water supply for irrigation; regulate the flow of streams; divert or change water courses; provide and conserve water supply; and provide for the protection of groundwater and regulation of groundwater use. Tree Trust will continue to provide youth employment opportunities in county The Washington County Board of Commissioners approved an agreement Aug. 14 with Tree Trust to provide youth employment programs through the WorkForce Center (WFC) through 2014. The WFC receives funding from state and federal sources to provide employment and training services to dislocated workers, adults, youth, and seniors. One of the WFC's programs is the summer youth employment program. Each summer, the WFC serves at-risk and special needs youth by providing specialized employment services at a supervised work site. This year, Tree Trust, a non-profit provider, was selected to provide summer youth work experiences to 32 youths each year for 2012, 2013, and 2014, at a cost of $89,000 per year. Additional federal funds were available for 2012 which, when added to Tree Trust's contract, will allow an additional 16 youth to be served during the summer of 2012. This raised the contracted amount for 2012 to $146,000. Pheasants Forever applies for review of gambling permit A request for a permit for lawful gambling by Pheasants Forever Mississippi Longtails Chapter will be sent to the state gambling control board after the Washington County Board of Commissioners reviewed it Aug. 14. The Mississippi Longtails Chapter 385 plans to conduct a raffle Sept. 11 at The Point Restaurant in Denmark Township. After acknowledgement by the County Board, the application is sent to the State Gambling Control Board for approval. Page 2 of 3 Parcels of tax-forfeited land returned to landowners after tax payments; parcels conveyed to townhome association Washington County land formerly in tax forfeiture is back in the hands of private property owners after three parcels were returned to previous owners, and one parcel was turned over to a townhome association. The Washington County Board of Commissioners approved the transactions Aug. 14. State law requires counties to manage all tax-forfeited parcels, and review all repurchase applications. Three parcels were returned to previous owners, once delinquent taxes, penalties, interest, fees and any management costs incurred while in forfeiture were paid. Land that was returned to previous owners include a parcel in Oakdale, a parcel in Forest Lake, and a parcel in Cottage Grove. In addition, common area within a townhome development was conveyed to the Mississippi Dunes Townhomes Association in Cottage Grove. This is part of the common area surrounding the individual townhome units, and is not land on which units are built. State allows for the conveyance of tax-forfeited land to an association of a common interest community if the County Board recommends it, and the association certifies to the board that prior to forfeiture the association was entitled to the parcel under a written agreement, but the conveyance failed to occur prior to forfeiture. The law also specifies no compensation or consideration is required for the conveyance. The value of the land in the common area which these parcels contain is actually included in the value of the taxable parcels within the development by the assessor's office when the plat is created. Oakdale will receive recycling grant Oakdale will receive $103,836 over two years to operate its recycling program, after the Washington County Board of Commissioners approved the grant Aug. 14. Funds are used to administer the recycling program, conduct waste education in schools, and develop and promote additional recycling opportunities for residents. The funding sources for the recycling grants program include the Local Recycling Development Grant, a metropolitan landfill surcharge; Select Committee on Recycling and the Environment funds, a state solid waste tax; and the County Environmental Charge. Page 3 of 3 Board of Commissioners Dennis C. Hegberg,Chair,District 1 Bill Pulkrabek,District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA AUGUST 14, 2012 9:00 A.M. 1.9:00 Roll Call Pledge of Allegiance Comments from the Public 2.9:00 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities 3.9:10 Consent Calendar Roll Call Vote Minnesota Pollution Control Agency 4.9:10 David Benke, Division Director Extend Appreciation for Washington County Waste Management Plan 2012-2030 General Administration 5.9:20 , County Administrator Commissioner Reports Comments Questions 6.9:25 This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7.Board Correspondence Executive Session with Human Resources 8.9:50 Discuss Negotiations Related to Health Insurance Contributions for 2013 Adjourn 9.10:10 2013 Proposed Budget Workshop 10.10:15 to 11:35 Property Records and Taxpayer Services Public Works and Regional Rail Library/Law Library Board Workshop with Public Health & Environment 11.11:35 to 12:00 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 14, 2012 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the July 24, 2012, Board meeting minutes. B. Approval to appoint Mary Ann Thelen, Oakdale, to the Minnesota Extension Committee for Washington County, to a first term expiring December 31, 2014. C. Approval to appoint Andrew Weaver, (May Township), to the Carnelian- Marine-St. Croix Watershed District Board of Managers to a three-year term expiring June 21, 2015. D. Approval of updated Policy No. 1300 Washington County Guidelines and Procedures for Minnesota Government Data Practices Act. E. Approval of Amendment No. One to a Memorandum of Understanding (MOU) among metro counties for a cross county collaboration with respect to information technology infrastructure and functionality. Accounting and Finance F. Approval of contract amendment to increase contract # 6677 with Trissential, LLC by the amount of $67,380. Community Services G. Approval of Amendment No. One of contract #6615 with Tree Trust to employment programs for the summers of 2012, 2013, and 2014. Property Records and H. Approval of application for exempt permit of Minnesota Lawful Gambling Taxpayer Services from Pheasants Forever Mississippi Longtails Chapter 385. I. Approval of resolution for repurchase of tax forfeited land by previous owners, Harlan and Lisa Beberg. J. Approval of resolution for repurchase of tax forfeited land by previous owner, Kurt A. Hamernick. K. Approval of resolution for repurchase of tax forfeited land by previous owners, Marlin and Leona Rygh. L. Approval of resolution conveying parcels of tax forfeited land to the Mississippi Dunes Townhomes Association. Public Health and Environment M. Approval of recycling grant agreement with the City of Oakdale for distribution of curbside recycling funds. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, August 7, 2012 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651-430-6001. Washington County’s mission is to provide quality public services in a cost-effective manner through innovation, leadership, and the cooperation of dedicated people. County Board begins review of 2013 budget The Washington County Board of Commissioners got an introduction to the county’s 2013 budget Aug. 7, one that requests no increase in the property tax levy. Kevin Corbid, deputy county administrator, presented the preliminary budget to the board during a workshop. Additional detail for the 2013 budget will be presented by department heads during August. The board will have until December to review proposals and provide direction. A final property tax levy and budget will be approved in December. County residents are invited to comment at any time during the process. A budget hearing is scheduled for the evening of Dec. 6. The proposed notice of property taxes for 2013, which will be mailed to each county property owner in late November, will include the times and dates of all budget hearings. The recommended budget calls for no increase in the county property tax levy or the levy for the Land and Water Legacy Program. Non-property tax revenues, which include fees for services and state and federal funding, are projected to increase by just 0.1 percent. Total budget expenditures of $173.4 million are the same as in 2012, and are made up of a 2.2 percent increase in operating expenditures and a decrease of 12 percent in capital expenditures. It is projected that county program aid, state funding to pay for a portion of the costs for programs mandated that counties provide on behalf of the state, will increase in 2013, to $6.8 million, but with continuing state budget projections, the county may not receive the full amount. If received, the additional state funding is budgeted for one-time expenses planned for road paving projects, vote counting equipment, and additional costs from out-of-home placement for children. The proposed budget adds 10 employees in the coming year, primarily to keep pace with the requests for health care and food support, and to restore hours to the county’s libraries. Since the beginning of the recession in December 2008, the county’s health care caseload has increased by 36 percent, and the food support caseload has increased by 105 percent. The county’s libraries have been closed Sundays and Mondays in 2012; increased staffing will allow the libraries to restore a portion of those hours in 2013. The proposed budget also includes a return to traditional office hours for county buildings of 8 a.m. to 4:30 p.m., except in license centers, libraries, Women, Infants and Children clinics, and the Environmental Center. The budget will be reviewed by the County Board over the next six weeks, and is a budget that meets the guiding principles established by the County Board at the beginning of the process. It places a high priority for spending on core services that address the essential health, public safety, welfare and transportation needs of the residents and taxpayers of Washington County. In addition to the budget overview, the board also received more detailed budget information from the county’s internal services departments, Accounting and Finance, Administration, Human Resources and Information Technology. Page 1 of 4 County Board receives update on Greater MSP The Washington County Board of Commissioners received an update on the work of Greater MSP at its meeting Aug. 7. In 2011, Washington County joined a public-private initiative to market the region globally to prospective businesses that would seek to locate in Washington County or the metropolitan area. Greater MSP, a regional nonprofit designed to promote the region to the global business community, focuses its efforts on bringing new jobs to the region and retaining the workplaces already in the region. The goal of Greater MSP is to speak with one voice to business decision makers, workers, tourists, visitors, and current residents about the benefits of doing business in the Minnesota metropolitan area. Michael Langley, executive director, and Kathy Schmidlkofer, executive vice president, from Greater MSP presented highlights from the organization’s first year. Greater MSP grew out of the Itasca Project. The Itasca Job Growth Taskforce was formed in 2009, and McKinsey & Company conducted a thorough assessment of the region’s economic challenges and developed a strategic action plan to unify the diverse economic development activities and drive economic growth initiatives in the region. The result has been the formation of the new regional partnership, Greater MSP, and the first ever integrated regional growth strategy. In recent years, the rate of job growth in the Minnesota metropolitan area has fallen below the rate in its peer regions. The organization’s goal is to reverse that, and grow 100,000 new jobs by 2016. Greater MSP will target key industries in the area, and work with regional partners to consult and inform them on what will make the region a strong job growth area. In its mid-year update, it notes 1,925 jobs impacted, $364 million in capital investment, 17 “wins,” 58 projects, and 90 qualified leads. It was also noted that the organization has represented the region with outreach to a dozen countries or cities, as well as attending a half dozen trade shows. The organization will specifically target knowledge-based jobs and data centers as growth areas for Washington County. Andersen Corporation and the cities of Lake Elmo and Woodbury are members, along with Washington County. In April 2012, Washington County Commissioner Dennis Hegberg was appointed to the Greater MSP Board of Directors. Members named to canvassing board Washington County commissioners named their own colleagues, Autumn Lehrke and Gary Kriesel, to a canvassing board that will canvass the votes for the state primary election, which will be Aug. 14. State law requires that the canvassing board meet to canvass the election on the second or third day after the primary. State law states, “The county canvassing board shall consist of the county auditor, the court administrator of the district court, the mayor or chair of the town board of the county’s most populous municipality, and two members of the county board selected by the board from its members who are not candidates at the election. Any member of the canvassing board may appoint a designee to appear at the meeting of the board, except that no designee may be a candidate for public office. … Three members constitute a quorum.” The canvassing board will meet at 1 p.m. Friday, Aug. 17, in Room 5599 of the Washington County Government Center in Stillwater. County Board receives presentation on daylight cleaning The Washington County commissioners received an update Aug. 7 on a new daylight cleaning program in county buildings that provides a more efficient process, as well as saves energy while county buildings are closed most nights. The county’s custodial staff has moved its schedule from cleaning buildings after usual business hours, to cleaning during the business day. Public areas continue to be cleaned as they were in the past. Instituted in June, daylight cleaning has resulted in energy savings, as well as increased building tenant satisfaction. The process has involved a major reduction in types of cleaning products, and the use of microfiber towels and low-decibel and high-efficiency vacuums. The result of the new process is improved energy savings, building security, and improved consistency of cleaning services. Page 2 of 4 The program will be evaluated in September, after the first quarter of its use. Public hearing will be conducted to sell bonds for Housing and Redevelopment Authority The Washington County Board of Commissioners will conduct a public hearing Sept. 4, to authorize its general obligation pledge for the refinancing of Washington County Housing and Redevelopment Authority (WCHRA) bonds. State law allows housing and redevelopment agencies to issue bonds backed by a jurisdiction, which in this case would be Washington County. The WCHRA recently completed a strategic evaluation of its affordable housing bond portfolio in an effort to maintain long-term affordable housing options for senior citizens and families, reduce debt service costs, and minimize pressure on the annual levy. This request completes the financial restructuring of bond issues with a general obligation of the county. The public hearing would consider the county’s general obligation on bonds that finance Woodland Park, in Cottage Grove, which has 180 units, and Brick Pond, in Stillwater, which has 40 units. Both developments are backed by the pledge of the county’s general obligation. The existing average interest rates are 4.7 percent for Woodland Park and 4.4 percent for Brick Pond. Assuming a Sept. 19, 2012, issue date, it is estimated that the blended average rate will drop to 3.8 percent or below, which could result in an annual savings of approximately $200,000 for 19 years, for an estimated future value savings of $3.7 million. Woodland Park’s occupancy rate is 98 percent and Brick Pond’s is 95 percent. The hearing will be in the County Board Room in the Government Center in Stillwater. Washington County Regional Rail will work with agencies for roundabout Plans for a roundabout on Highway 61 and County State Aid Highway (CSAH) 4 in Hugo will require cooperation between the Washington County Regional Rail Authority (WCRRA), the county and the Minnesota Department of Transportation (MnDOT). The Washington County Board of Commissioners, sitting as the regional rail authority Aug. 7, approved an agreement that will allow for work on the project. The regional rail authority also adopted a resolution granting an easement to Washington County for the highway work. Later in its meeting the same day, the County Board also approved the agreement. In 2013, MnDOT plans to construct a single-lane roundabout at the intersection of Highway 61 and CSAH 4, along with widening on all four approaches to accommodate the roundabout. Based on the layout of the roundabout, a portion of the WCRRA property will be affected. Since the WCRRA property is intended for future transit opportunities, a memorandum of understanding between MnDOT, Washington County and the WCRRA will address the planning, engineering roles and responsibilities for the WCRRA property and public roadways, and design of the intersection. Based on the memorandum, MnDOT will need to have jurisdiction over a portion of the WCRRA property to complete the construction and maintenance of the roundabout. Washington County will acquire a highway easement over the WCRRA property, which will give MnDOT the ability to construct its single-lane roundabout and maintain it in the future. County approves liquor license for Afton Apple Orchard The Washington County Board of Commissioners approved a liquor license for Afton Apple Orchard at its meeting Aug. 7. State law allows the County Board to issue liquor licenses in unincorporated areas, such as Denmark Township, in which Afton Apple Orchard is located. The township authorized the issuance of a Sunday license, which is also required by the ordinance. The business must meet insurance requirements, and the application must be approved by the Sheriff’s Office, the County Attorney’s Office, and the Department of Public Health and Department, which it was. The license fee of $2,200 pays for Page 3 of 4 the administrative costs of the county, and compliance and verification checks. North wing of the Government Center, Courthouse to get new roof The roof on the north wing of the Washington County Government Center and the older portion of the Courthouse in Stillwater is deteriorating faster than expected, and plans to replace it were moved up a year after the County Board approved the plan Aug. 7. The general condition of the north wing of the Government Center/Courthouse roof is considered poor, according to a professional inspection conducted in 2009. Excessive shrinkage of the roofing membrane has occurred at numerous locations, especially at building expansion joints, and high wall/low roof intersections. The shrinkage has caused the membrane to pull out or tear apart from under metal flashings leaving some areas exposed to moisture. The typical life of a roof membrane is 15 years; this roof was installed in 1986-1988, which makes it 22 to 24 years old. Replacement of the north wing roof is scheduled in the Capital Improvement Plan for 2013; however, the condition of the roof is progressively becoming worse, so the project is being moved up to 2012. Project completion will eliminate water going into the building and prevent indoor air quality issues and destruction of equipment. The county will prepare project specifications and solicit bids for the roof replacement. It is expected that the roof will cost about $885,000. The money will come from the county’s fund balance. Sprint will continue to rent tower space from county for another 5 years Sprint will continue to rent space from Washington County on its Olive Street tower for another five years, paying the county $7,500 a year for the service. The Washington County Board of Commissioners agreed to the extension of the lease Aug. 7. The lease will run until Aug. 19, 2017. Page 4 of 4 Board of Commissioners Dennis C. Hegberg, Chair, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 BOARD AGENDA AUGUST 7, 2012 9:00 A.M. Washington County Regional Railroad Authority Convenes 1.9:00 A. Roll Call B. Pledge of Allegiance C. Regional Railroad Authority (RRA) Minutes May 22, 2012 D. 1) Memorandum of Understanding between Washington County, RRA, and the Minnesota Department of Transportation for the Implementation of a Roundabout at Intersection of US 61/County State Aid Highway 4/County Road 4A; and 2) Resolution Granting an Easement to Washington County for Highway Purposes Ann Pung-Terwedo, Senior Planner E. Adjourn Washington County Board of Commissioners Convenes 2.9:05 Roll Call Comments from the Public 3. 9:05 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities 4.9:15 Consent Calendar Roll Call Vote Greater MSP 5.9:15 Michael Langley, Chief Executive Officer and Kathy Schmidlkofer, Executive Vice President Update on Greater MSP Activities Property Records and Taxpayer Services 6.9:35 Jennifer Wagenius, Director Appointment of Members to the 2012 County Canvass Board Public Works 7.9:40 Greg Wood, Building Services Manager Presentation on the Daylight Cleaning Program General Administration 8.9:50 , County Administrator Commissioner Reports Comments Questions 9.9:55 This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 10. Board Correspondence Adjourn 11. 10:20 2013 Proposed Budget - 12. 10:25 to 11:10 and Kevin Corbid, Deputy Administrator - Introduction to the Proposed 2013 Budget -Internal Services (Administration, Accounting and Finance, Human Resources, General Operations and Information Technology) Board Workshop with Washington County Historical Society 13. 11:10 to 11:25 Historical Society Activities Brent Peterson, Executive Director Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 7, 2012 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the July 17, 2012 Board meeting minutes. B. Approval of resolution setting a public hearing on September 4, 2012 to authorize the pledge of the general obligation of Washington County to Washington County Housing and Redevelopment Authority (HRA) Governmental Housing Revenue Bonds Series 2012C, not to exceed $13,500,000. Property Records and C. Approval of application for a new On-Sale Liquor License for the Afton Taxpayer Services Apple Orchard located in Denmark Township. Public Works D. Approval of budget amendment up to $885,000 for costs to replace the north wing of the Government Center/Courthouse roof system. E. Approval of entering into a Memorandum of Understanding between Washington County, Washington County Regional Railroad Authority, and the Minnesota Department of Transportation outlining roles and responsibilities for the implementation of a roundabout at the intersection of US 61/County State Aid Highway 4/County Road 4A. Sheriff F. Approval of resolution to renew an agreement with Sprint to lease tower space for another five year term. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners July 24, 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 Lehrke – reported on her trip to the National Association of Counties Annual Conference; she attended the Newport Transit Center open house; she attended the Cottage Grove City Council meeting; and she attended the Library Board meeting; - Commissioner Weik – reported she attended the Counties Transit Improvement Board meeting; she attended the Personnel Committee meeting and the Financial Committee meeting; she attended the Library Board meeting; she stated that the Woodbury Dairy Queen will participate in the Miracle Treat Day; and she mentioned that there may be a change in date to the Metropolitan Mosquito Control Executive Committee meeting; - Commissioner Pulkrabek – reported he attended the Parks and Open Space Commission meeting which reviewed the priorities on parcels and revisited the selection criteria; - Commissioner Kriesel – reported he attended several meetings related to the St. Croix River Crossing; he attended the Lower Valley Alliance of Cities which discussed the counties five year Capital Improvement Program; and he attended the Library Board meeting which discussed library hours and reviewing the policy on meeting rooms; - Commissioner Hegberg – reported he attended the Housing and Redevelopment Authority meeting which discussed the 2013 budget and housing projects in Mahtomedi and Newport; he attended the Rush Line Corridor Task Force meeting which discussed bus service from Forest Lake to St. Paul; he attended the Counties Transit Improvement Board meeting; and he attended the Community Action Program meeting. Community Services Approval of 1.00 Full Time Equivalent (FTE) Eligibility specialist position and 1.00 Economic Support Program Specialist position; conversion of 2.00 FTE Special Project Eligibility specialists to regular status positions to meet the increased needs in managing individual and family health care and food support caseloads. General Administration Approval of the following items: - July 10, 2012 Board meeting minutes; - Board correspondence was received and placed on file; - Board workshop held to review the proposed 2013 Washington County legislative positions. Library Approval of the following actions: - Presentation of the National Association of Counties Award for the Library Community Partnership Project; - Workshop held to discuss days of services and hours. Public Health and Environment Approval of a grant agreement with the Minnesota Department of Health related to public health emergency preparedness and the Cities Readiness initiative in the amount of $238,024. Public Works Approval of the following actions: - Resolution No. 2012-092, removal of house located in Lake Elmo Park Reserve, 9941 Stillwater Boulevard, Lake Elmo; - Resolution No. 2012-093, requesting funding from the Minnesota Department of Transportation through the fiscal year 2014 Municipal Agreement Program; - Resolution No. 2012-094, acquire right of way for the realignment and improvement of County State Aid Highways 19, 20, and 22; - National Association of County Park and Recreation Officials Award for the Lake Elmo Ski Trail Lighting Project; - Board workshop held to discuss Trunk Highway 61 and County State Aid Highway 4 and County Road 4A construction project and a draft memorandum of understanding. 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 nd Government Center, 14949 62 Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners August 14, 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. Accounting and Finance Approval of contract amendment to increase the contract with Trissential, LLC, for the JD Edwards Enterprise One upgrade project by $67,380. Commissioner Reports – Comments - Questions The Commissioners reported on the following items: - Commissioner Kriesel – reported he met with the City of Stillwater and Stillwater Township staff to discuss possible Land and Water Legacy parcels; he attended the Gateway Corridor meeting to discuss alternative analysis; and he noted that the Minnesota Inter-county Association has hired Steve Novak; - Commissioner Weik – reported she attended the Gateway Corridor meeting which approved three of the alternative routes that will include ten design refinements; she attended the Woodbury Yellow Ribbon Committee Network meeting and announced they would have a section within the Minnesota Yellow Ribbon booth at the State Fair this year; she attended the Woodbury Chamber monthly luncheon where they received an update on the Bielenburg Sports Center expansion plans; and she volunteered at the annual Woodbury Veterans Memorial Golf Tournament that is held in honor of late Commissioner Dick Stafford to raise funds for the Veterans Memorial at the Woodbury City Hall; - Commissioner Lehrke – reported she attended several block parties last week for National Night out, she met with staff to discuss groundwater issues in her district; and Newport Pioneer Days was held this past weekend; - Commissioner Hegberg –reported he attended the Minnesota inter-County Association meeting; he attended the Minnesota Counties Intergovernmental Trust; he attended the Transportation Advisory Board meeting; he attended a discussion put on by Congresswoman Betty McCollum regarding transportation projects and funding; and he attended a Housing and Redevelopment Authority Workshop discussing their future goals. Community Services Approval of Amendment No. One for contract with Tree Trust to provide services to Washington County’ Workforce Center youth employment programs for the summers of 2012, 2013, and 2014. General Administration Approval of the following actions: - July 24, 2012 Board meeting minutes; - Appoint Andrew Weaver, May Township, to the Carnelian-Marine-St. Croix Watershed District Board of Managers to a three-year term expiring June 21, 2015; - Update to Policy No. 1300, Washington County Guidelines and Procedures for Minnesota Government Data Practices Act; - Amendment No. One to a Memorandum of Understanding among metro counties for a cross county collaboration with respect to information technology infrastructure and functionality; - Resolution No. 2012-102, congratulations and thanks to Mike Bell on his retirement as Chief of the Bayport Fire Department; - Board correspondence was received and placed on file including a letter notifying the county that an individual has donated 79 acres to the Department of Natural Resources along Hardwood Creek, and Commissioner Hegberg asked that staff check to see if the County Board needs to pass a resolution to accept that; - Board workshop held to discuss 2013 proposed budgets with Property Records and Taxpayer Services, Public Works, Regional Rail, County Library, and the Law Library. Human Resources The Board met in Executive Session to discuss negotiations related to health insurance contributions for 2013. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2012-097, lawful gambling exemption for the Pheasants Forever Mississippi Longtail Chapter 385; - Resolution No. 2012-098, repurchase of tax forfeited land by Deutsche Bank National Trust Company on behalf of Harlan and Lisa Beberg; - Resolution No. 2012-099, repurchase of tax forfeited land by Mortgage Electronic Registration Systems on behalf of Kurt A. Hamernick; - Resolution No. 2012-100, repurchase of tax forfeited land by Marline R. Rygh; - Resolution No. 2012-101, conveyance of tax forfeited land to Mississippi Dunes Townhomes Association. Public Health and Environment Approval of the following actions: - Appointment of Mary Ann Thelen, Oakdale, to the Minnesota Extension Committee for Washington County, to a first term expiring December 31, 2014; - Recycling grant agreement with the City of Oakdale for distribution of curbside recycling funds; - David Benke, Minnesota Pollution Control Agency extended its agencies thanks to Washington County for its continued leadership in waste management; - Board workshop held for a presentation on their strategic plan. 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 nd Government Center, 14949 62 Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners August 7, 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 Executive committee meeting of the Metropolitan Mosquito Control District; she attended the Gateway Corridor Policy Analysis Committee; she attended a City of Woodbury County Road 19 project update; she toured the Woodbury Health Care Center with Senator Franken; she thanked County Attorney Pete Orput for speaking at the Woodbury Chamber luncheon on identity theft; and she attended the Washington County Fair senior awards event where Jessie Crane, Woodbury, was a recipient; - Commissioner Lehrke – reported she attended a Solid Waste Management Coordinating Board meeting and toured By the Yard which makes law furniture from recycled plastics; she attended the East Metro Rail Capacity Study open house; she met with Friends of the Mississippi River; she attended the Community Conversation in Woodbury; she had a phone conversation with Kevin Walsh, St. Paul Park Administrator, to discuss the Housing and Redevelopment Authority’s move to Woodbury; she attended the Washington County Fair; she attended the Minnesota Inter-City Passenger Rail Forum; and she informed the Board that she was appointed to the National Association of Counties Veterans and Military Service Members Committee; - Commissioner Kriesel – reported he attended the Bayport City Council meeting where they honored Mike Bell who retired as Fire Chief; he noted that Mark Swenson was appointed to replace Chief Bell; he attended the Law Library Board meeting; he attended the Minnesota High Speed Rail Committee meeting in Red Wing; and he attended multiple meetings involving the St. Croix River Coalition, the Minnesota Department of Transportation and the Oak Park Heights City Council; - Commissioner Hegberg – reported he attended the Minnesota Association of Governments Investing for Counties meeting; he attended the Community Action Program Board meeting; and he attended the Washington County Fair. General Administration Approval of the following actions: - July 17, 2012 Board meeting minutes; - Update on Greater Minneapolis Saint Paul Regional Economic Development Partnership activities, accomplishments, and where the region is headed over the next five to ten years; - Dividend in the amount of $1 million received from the Minnesota Counties Intergovernmental Trust to be used to reduce post-employment health care liability; - Board correspondence was received and placed on file; - Board workshop held to discuss the 2013 proposed budget with Administration, Accounting and Finance, Human Resources, General Operations, and Information Technology; - Board workshop held with the Washington County Historical Society to discuss Historical Society activities. Housing and Redevelopment Authority Resolution No. 2012-095, establishing the date for a public hearing on a proposal that Washington County approve the issuance and principal amount of certain governmental housing revenue refunding bonds in an estimated original principal amount of up to $13,500,000 to be issued by the Washington County Housing and Redevelopment Authority, and to which the General Obligation of Washington County will be pledged as additional security. Property Records and Taxpayer Services Approval of the following actions: - New on-sale liquor license for the Afton Apple Orchard located in Denmark Township; - Commissioners Kriesel and Lehrke appointed to the 2012 County Canvass Board for the August 14, 2012 State Primary Election. Public Works Approval of the following actions: - Budget amendment up to $885,000 for costs to replace the north wing of the Government Center/Courthouse roof system; - Memorandum of Understanding with the Washington County Regional Railroad Authority, and the Minnesota Department of Transportation outlining roles and responsibilities for the implementation of a roundabout at the intersection of U.S. 61/County State Aid Highway 4/County Road 4A; - Update on the daylight cleaning program and a change in how the county picks up trash and how different materials are disposed. Regional Railroad Authority Approval of the following actions: - May 22, 2012 Regional Railroad Authority meeting minutes; - Memorandum of understanding for implementation of a roundabout at intersection of U.S. 61/County State Aid Highway 4/County Road 4A; - Resolution No. RRA-2012-004, grant permanent easement to Washington County for roadway purposes at County Road 4A in the City of Hugo. Sheriff’s Office Resolution No. 2012-096, renew lease of tower space for an additional five year term. 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 nd Government Center, 14949 62 Street N., Stillwater, Minnesota.