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2012-10-16 CC Packet
i 1 ate THE NIRTNRLRCE Of MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 16, 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 October 2, 2012 regular and recessed meeting minutes (available Tuesday). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Director 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator CONSENT AGENDA (ROLL CALL) 10. Resolution 2012 -167, directing payment of bills 11. Resolution 2012 -168, appointing election judge and fixing compensation 12. Resolution 2012 -169, approving Assignment Agreement with the Veterans' Memorial Committee 13. Possible approval of Utility Bill Adjustments 14. Resolution 2012 -170, approving Change Order #4 Main Street Pedestrian Walkway Project PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. Case No. 2012 -29. This is the date and time for a public hearing to consider a request from City of Stillwater for a variance to the accessory structure regulations (500 square feet allowed, 716 square feet requested), the front yard setback (15 ft required, 3 ft requested) and to the minimum height of a building (25 ft required, 14 ft requested) and a variance to the St. Croix Riverway for the construction of a restroom facility related to the Downtown Stillwater Pedestrian Walkway Project located at 204 Nelson Street East 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 October 5, 2012.) (Resolution — Roll Call) 16. Case No. 2012 -31. This is the date and time for a public hearing to a request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. (Notice was published in the Stillwater Gazette on October 5, 2012) (1st Reading Ordinance — Roll Call) UNFINISHED BUSINESS 17. Possible approval of Findings of Fact relating to Case No. DEM /2012 -30, for the denial of demolition of a single family home located at 604 Fourth Street South in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code (Resolution — Roll Call) 18. Possible approval of Findings of Fact relating to Case No. DEM /2012 -31, for the denial of demolition of a single family home located at 216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code (Resolution — Roll Call) NEW BUSINESS 19. Possible approval of Twinkle Parade Special Event 20. Possible approval of first reading of Background check Ordinance for licensing and employee backgrounds (1st reading — Roll Call) 21. Possible appointment of Sean Hade to the Planning Commission (Resolution — Roll Call) 22. Possible approval authorizing of feasibility study for 2013 Street Improvements (Resolution — Roll Call) 23. Possible approval of interest rate re -set Tax Increment Revenue Bonds Series 2002 -Curve Crest Villas (Resolution — Roll Call) 24. Possible authorization to mail Notice for Annexation by Ordinance 25. Recommendation from Parks & Recreation Commission on Municipal Pool 26. Possible 1st reading of an ordinance amending Chapter 43 of the City Code "Liquor" (1st Reading — Roll Call) 27. Resolution calling for a Public Hearing on an Enlargement and Modification of Develop District No. 1 and the Modification of Tax Increment Financing District No. 4 (Resolution — 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. i 1 ate . THE NIRTNRLRCE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 16, 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 October 2, 2012 regular and recessed meeting minutes (available Tuesday). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Dev. Director 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator CONSENT AGENDA (ROLL CALL) 10. Resolution 2012 -167, directing payment of bills 11. Resolution 2012 -168, appointing election judge and fixing compensation 12. Resolution 2012 -169, approving Assignment Agreement with the Veterans' Memorial Committee 13. Possible approval of Utility Bill Adjustments 14. Resolution 2012 -170, approving Change Order #4 Main Street Pedestrian Walkway Project PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. Case No. 2012 -29. This is the date and time for a public hearing to consider a request from City of Stillwater for a variance to the accessory structure regulations (500 square feet allowed, 716 square feet requested), the front yard setback (15 ft required, 3 ft requested) and to the minimum height of a building (25 ft required, 14 ft requested) and a variance to the St. Croix Riverway for the construction of a restroom facility related to the Downtown Stillwater Pedestrian Walkway Project located at 204 Nelson Street East 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 October 5, 2012.) (Resolution — Roll Call) 16. Case No. 2012 -31. This is the date and time for a public hearing to a request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. (Notice was published in the Stillwater Gazette on October 5, 2012) (1st Reading Ordinance — Roll Call) UNFINISHED BUSINESS 17. Possible approval of Findings of Fact relating to Case No. DEM /2012 -30, for the denial of demolition of a single family home located at 604 Fourth Street South in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code (Resolution — Roll Call) 18. Possible approval of Findings of Fact relating to Case No. DEM /2012 -31, for the denial of demolition of a single family home located at 216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code (Resolution — Roll Call). NEW BUSINESS 19. Possible approval of Twinkle Parade Special Event 20. Possible approval of first reading of Background check Ordinance for licensing and employee backgrounds (1st reading — Roll Call) 21. Possible appointment of Sean Hade to the Planning Commission (Resolution — Roll Call) 22. Possible approval authorizing of feasibility study for 2013 Street Improvements (Resolution — Roll Call) 23. Possible approval of interest rate re -set Tax Increment Revenue Bonds Series 2002 -Curve Crest Villas (Resolution — Roll Call) 24. Possible authorization to mail Notice for Annexation by Ordinance 25. Recommendation from Parks & Recreation Commission on Municipal Pool 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. THE IIRTMRLRCE OF MINNESOTA CITY COUNCIL MEETING MINUTES October 2, 2012 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Planner Pogge City Clerk Ward OTHER BUSINESS Water Board Board members Adam Nyberg, George Vania and Board Manager Robert Benson presented information on their proposed meter replacement program. They informed the Council that an engineering study was completed by TKDA. They reported that the project drivers include EPA Safe Drinking Water Act, age of the meters, meter accuracy, low bond interest, and potential for savings available by bidding with South St. Paul. The project ensures water meter accuracy for the next 20 years. It replaces 4,226 old lead brass meters with lead free bronze. Full replacement of all meters and radio transmitters would be the most cost effective because the Water Department would only have to operate and maintain one meter system, it would simplify the billing system, and the Department would use a contract service to set up appointments and schedule installations when the homeowner is home, with follow -up if needed. The proposed timeline for replacement would be April 1 — November 15 of 2013. It is the Board's intention to proceed with the development of specifications, bids, and installation to fully replace the water meter system and to communicate with customers regarding the replacement. It was pointed out that the costs for the meter replacement program would not affect current water rates. Selection of a finalist for the Police Station expansion study Police Chief Gannaway informed the Council that the three finalists for the Police Station expansion study would be presenting themselves to the Council: Wold, BKV and Leo A. Daly. After the presentations and questions asked by Council to all three finalists, Council requested input from the Chief and members of the Police Department committee, Sergeant Magler, Officer Wulfing, and Community Service Officer Junker, who selected the three finalists from City Council Meeting October 2, 2012 the eight proposals received. It was the recommendation of the Chief and committee that Wold be selected for the study and that Council direct staff to prepare a contract with Wold Architects and Engineers, which was also the lowest proposal. Councilmember Cook felt that references should be checked prior to contract approval. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to direct staff to enter into a contract and perform reference checks on Wold Architects and Engineers. All in favor. Mayor Harycki recessed the meeting at 6:48 p.m. RECESSED MEETING 7:00 P.M. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE The Fire Department led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation — Fire Prevention Week Mayor Harycki proclaimed October 7 -13, 2012 as Fire Prevention Week with the 2012 Fire Prevention Week theme of "Have Two Ways Out." Fire Chief Glaser invited the community to the Open House on Saturday, October 13 and urged the community to participate and practice two ways out of their homes. He stated that during the course of the week many of the firefighters will be visiting the schools teaching this and other home fire safety lessons. APPROVAL OF MINUTES Possible approval of minutes of September 18, 2012 special and regular meeting minutes Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the September 18, 2012 meeting minutes. All in favor. Page 2 of 10 City Council Meeting October 2, 2012 NEW BUSINESS New Special Event: Leo's Tent on Chestnut (since the bridge is closed) on Sunday, November 1 lth (Veteran's Day) Cory Buettner, Leo's, explained that this will be the fifth year that Leo's has served veterans free meals on Veterans Day which is on Sunday this year. He would like to close Chestnut Street for the day from Main to Water Street to enlarge the event. He has spoken to business neighbors and the IBA who have no objections. He has spoken with MnDOT which directed him to the City for approval. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the closing of Chestnut Street on Sunday, November 11, 2012. All in favor. STAFF REPORTS Police Chief Gannaway presented statistics on traffic fatalities, reinforcing the need for the Safe and Sober campaign especially preceding the holidays. Fire Chief Glaser stated the dedication of the fallen firefighter's memorial took place on Sunday, September 30 on the capitol grounds in downtown St. Paul. It includes the names of two area firefighters who died in January 1982 fighting the Brines fire. Public Works Director Sanders updated the Council about the work on Third Street due to the sink hole. It will be another two weeks before all the work is done. OPEN FORUM Mr. Todd Streeter, Greater Stillwater Area Chamber of Commerce, and Wayne Sandberg, Deputy Director of Washington County Public Works, informed the Council that the 36- member Downtown Community Revitalization Committee at its first meeting discussed rearranging traffic patterns in downtown Stillwater. Mr. Sandberg continued that the bridge closure provides opportunities to test some traffic changes that may result in more permanent solutions. They would like to work with the Council and MnDOT to gather ideas. Early to mid- November would be the soonest any changes could be implemented. CONSENT AGENDA Resolution 2012 -156, directing payment of bills Resolution 2012 -157, possible approval of railroad lease increase Resolution 2012 -158, adopting delinquent clean up services charges Resolution 2012 -159, approving renewal of the City's Board of Appeal and Equalization duties to Washington County Possible approval of temporary liquor license — October 26, 2012 — Church of St. Michael Possible approval of power pole relocation expenditure — Lowell Park Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, Mayor Harycki Nays: None Page 3 of 10 City Council Meeting October 2, 2012 UNFINISHED BUSINESS Ordinance 1051, an Ordinance Amending City Code Section 31 -514 relating to the Keeping of Chickens in the City Councilmember Roush stated he and Councilmember Polehna have discussed some possible amendments to the draft ordinance. They learned it can be limited to certain zones in the City, and they propose that chickens be allowed in RB zones only. Councilmember Polehna stated he would like to see the quality of the chicken coops covered in the ordinance. He commented that a lot of complaints have come from neighbors upset with the chickens, and he would like a notification procedure for the keeping of chickens similar to beekeeping. He feels it is bad policy to reward citizens who gone against the ordinance not allowing farm animals. The police department has had 12 complaints this year. Councilmember Menikheim stated he has no problem with notification, but there are as many people for the chicken ordinance as against it. He doesn't feel that adopting the ordinance is rewarding negative behavior. Councilmember Cook stated she got one email from someone opposed to chickens, but is not aware of any other complaints. She feels a notification requirement would be appropriate. Councilmember Roush stated when chicken keepers lose interest in the hobby, the chicken coops deteriorate and that is when problems occur. Mayor Harycki stated there are existing chicken coops in Croixwood which would not be allowed if chickens were allowed only in RB zones. He suggested including the notification requirement, but exempting Liberty and Legends areas from the ordinance, although the homeowners association prohibits them anyway. Councilmember Polehna stated no one in his Ward has told him they want to keep chickens. His job is to represent the people of his Ward and it is wrong to force on the residents. City Attorney Magnuson stated one way would be to permit chickens in RB and RA zones, including all of the "old City" as well as Croixwood and Oak Glen, excluding the rest of the City. Councilmember Roush stated this wouldn't be acceptable. He feels RA zone should be excluded. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to adopt Ordinance 1051, an Ordinance Amending City Code Section 31 -514, relating to the Keeping of Chickens in the City, inserting notification language that is in the beekeeping ordinance, and limiting it to the RB and RA zones. Ayes: Councilmembers Cook, Menikheim, Mayor Harycki Nays: Councilmembers Roush, Polehna PUBLIC HEARINGS Assessments for the 2012 Street Improvement Project Public Works Director Sanders showed a map of reconstructed streets, galvanized water services replaced, new water main and sanitary sewers installed. Construction costs of $1.9 million were over estimates by $140,000 due to limestone curbing six to eight feet wide and 12 Page 4 of 10 City Council Meeting October 2, 2012 inches thick in some spots encountered on the reconstructed streets. Engineering costs were $350,000 and total project costs were $2.2 million compared with the feasibility estimate of $2.1 million. Adjustments to assessments were made accordingly. City Attorney Magnuson stated because one affected property owner is hearing impaired, staff will need to meet with that person and interpreter and bring results back to the next meeting. Mayor Harycki opened the public hearing. Pixie Hunninghake, 213 North Third Street, asked if Third Street assessments will increase due to the sinkhole repairs, and Public Works Director Sanders responded that the sinkhole work will not be included in the assessments. Lewis Bushman, 104 North Everett Street, stated his street hasn't been finished, so why are residents being billed for unfinished work and City Attorney Magnuson replied that a resident can be assessed even before the project is started. It's common for a project not to be finished in the fall when it's assessed. Public Works Director Sanders explained that the City usually applies the final layer of bituminous in the spring due to allow for the settling that occurs in the winter so that the street does not have to be redone. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2012- 160, adopting assessment for 2012 street improvement project (Project 2012 -02) L.I. 393, excluding the parcel of the hearing- impaired person and treat it as if it were an objection to the assessment. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Assessments for the Third Street South Street Improvement Project Public Works Director Sanders explained the County is narrowing the road by four feet. Construction costs are $40,000, engineering costs $16,000 for a total project cost of $57,000 compared to the feasibility estimate of $51,000. There were no public comments. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012 -161, adopting assessment for Third Street South improvement project (Project 2012 -04) L.I. 369. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Case No. DEM/2012 -30. A request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code and Case No. DEM /2012 -31. This is the date and time for a public hearing to consider a request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code. City Planner Pogge explained the two related public hearings. Both properties are owned by St. Paul Lutheran Church which would like to demolish the structures for open space. Staff made Page 5of10 City Council Meeting October 2, 2012 an initial determination that the structures were potentially historic resources which triggered review by the Heritage Preservation Commission. It would cost about $175,000 to renovate the Fourth Street property; the total assessed value of the property is $147,000. Staff believes it would be difficult to find a re -use for the structure and therefore recommends approval of the demolition permit. As for the property at 216 Willard Street South, City Planner Pogge stated the brick structure next door is eligible for the National Register of Historic Places, so the demolition of the home in question could leave the brick home vulnerable to future demise. It would cost $180,000 to renovate this home; the assessed value is $138,400. Staff feels there are alternatives to demolition and recommends the demolition permit be denied. City Planner Pogge reviewed the hearings that were held before the Heritage Preservation Commission, which unanimously denied both applications on September 6. Opening the public hearing, Mayor Harycki pointed out that both public hearings can be conducted at the same time per City Attorney Magnuson. Ed Simonet, who with his business partner Frank Rheinberger, owns the building at 522 South Fourth Street directly across from 604 South Fourth Street, stated they have no opposition to the demolition. Julie Luna, 613 Fourth Street South, directly across the street from the church, expressed concern about having a big concrete slab essentially in front of her house. A landscape plan is a step in the right direction but she would like more information on how the church will preserve the neighborhood feel. Gene Leatherman, 222 West Willard, stated he has no objection to the demolition of the house next to his, but he dislikes the proposal to move the garage to the back of the lot because it would obstruct his view. Kevin Shoeberg, co -chair of business management for St. Paul Lutheran Church, explained the history of the request. Over a six month period, a group looked at various options for the properties. He stated there is no intention to add parking - the intent is to use the resulting open space for events such as the ice cream social. He believes the church will be able to accommodate Mr. Leatherman's desire to not move the garage. He also stated the church had its own inspector who determined both houses would require between $175,000- 180,000 to make them inhabitable. He stated neither property is an historic resource under the City's ordinance. Mr. Shoeberg emphasized that the proposal was made only after the church considered all options for the properties. The church has no problem with someone coming forward to move the houses at their own cost, but cautioned that structurally, both houses are in very poor condition. Joan Ochwig, a North St. Paul resident who used to live in one of the houses, agreed that the house is an eyesore now. It was built in 1890 and has historic value as a typical working man's home. She is disillusioned that when her mother sold the house to the church, she was told the house would be kept for use by church activities. She feels it's a shame that it has been allowed to deteriorate and wishes it could be moved elsewhere and used. Roger Tomten, 718 South Fifth Street, who lives a half block from the site, stated he read the church's inspection reports and found them inaccurate. As a residential construction specialist, he is interested in the possibility of moving the houses elsewhere. He asked to tour the houses, but was told there are current occupants so he could not. He requested that the Council support Page 6 of 10 City Council Meeting October 2, 2012 the HPC recommendation and deny demolition because every time a house is lost, the fabric of the neighborhood is weakened and the quality of the neighborhood goes down. John Brach, 515 North Everett Street, a member of the HPC, expressed concern that demolishing the house on Willard Street leaves the remaining brick home "orphaned" on the block. He asked the Council to support the staff s recommendation not to permit demolition. Councilmember Cook stated demolition by neglect is regrettable. She hopes the church can find a way to make the houses livable to provide affordable housing. Councilmember Menikheim recalled the contentious HPC meeting about the demolition and was surprised that a church was involved in that kind of conversation. He would like the church to find another option for the houses. Mayor Harycki recalled another home that came within a couple weeks of demolition which was saved and has become a gem. He believes that the requested demolitions would cause a rip in the fabric of the neighborhood, and is opposed to the request. Councilmember Polehna commented that government can't force a property owner to put that much money into a property. That is why he suggested moving the houses. Councilmember Menikheim agreed that the church has a right to use its own property, but he doesn't think it has engaged all stakeholders in the process. There may be other options. He suggested the City deny the request without prejudice so the conversation can be started over again. Mr. Shoeberg responded that the church has followed the City's procedures. Staff sent the issue to the HPC where it was heard twice. City Attorney Magnuson confirmed that denial without prejudice would probably not be appropriate in this case. City Planner Pogge explained that the demolition ordinance, which has been in place since the early 1990s, was amended last year. Part of that allowed the HPC and Council to review and deny a request based on the structure being considered an historic resource. If denied tonight, the City would need to hire a consultant to determine the historic significance of the property. The Council would be the body to ultimately designate the property - which would deny the demolition. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approving the demolition of the structures at 604 South Fourth Street and 216 East Willard Street as requested. (Motion failed — 3 -2) Ayes: Councilmembers Roush and Polehna Nays: Councilmembers Menikheim, Cook, Mayor Harycki Motion by Councilmember Cook, seconded by Councilmember Menikheim, to deny the requests for demolition of the structures at 604 South Fourth Street and 216 East Willard Street. Ayes: Councilmembers Menikheim, Cook, Mayor Harycki Nays: Councilmembers Roush and Polehna Page 7 of 10 City Council Meeting October 2, 2012 City Planner Pogge pointed out that the vote should have been a straw poll, with findings prepared for the next meeting. Motion by Councilmember Cook, seconded by Councilmember Menikheim, directing staff to prepare findings of fact regarding demolition of the structures at 604 South Fourth Street and 216 East Willard Street, to be formally adopted at the next meeting. Ayes: Councilmembers Menikheim, Cook, Mayor Harycki Nays: Councilmembers Roush and Polehna UNFINISHED BUSINESS Possible approval to change City Council meeting date of November 20, 2012 to November 13, 2012 Motion by Councilmember Cook, seconded by Mayor Harycki, to change the date of the meeting. All in favor. Possible accepting of bids and awarding contract for the City Hall Chiller Installation Project City Administrator Hansen informed the Council that two bids were received for the chiller installation and recommended the City accept the low bid of Dakota Mechanical for $39,575. Motion by Councilmember Roush, seconded by Councilmember Cook, to adopt Resolution 2012- 162, accepting bids and awarding the contract for City Hall chiller installation project. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None NEW BUSINESS Liberty Harvest Fest Special Event City Administrator Hansen reported that the request is before the Council only because they are closing the road longer than is standard for staff to approve. It is a neighborhood event that has not caused any issues in the past. It will be closed for nine hours. Police Chief Gannaway stated any alcohol would have to be consumed on private property. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Liberty Harvest Fest Special Event. All in favor. Possible approval of letter to DNR for support of the MN/DOT Permit Process City Administrator Hansen reviewed the proposed letter of support for the Mn/DOT permit process to the DNR. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the letter. Motion passed 4 -1, (Councilmember Cook opposed) Possible approval of Fall Arts and Jazz Festival Special Event and Contract City Clerk Ward reviewed the request and stated that the Park & Recreation had no issues with the contract or special event; however the Commission raised concern that the Chamber didn't Page 8 of 10 City Council Meeting October 2, 2012 follow the Special Event Policy which requires a 60 -day submittal. Ms. Ward continued by stating that the he 60 day submittal requirement in the Special Event Policy is so that there is plenty of time for other commissions' review (if applicable) and that final approval by the Council is not days before the event but rather a few weeks if details need to be finalized. Councilmember Polehna concurred with the lateness of the application and submittal requirements. Motion by Councilmember Polehna, seconded by Councilmember Cook, to adopt Resolution 2012- 163, approving 2012 Fall Colors Fine Art & Jazz Festival. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible consideration of Downtown Parking Commission a request to increase the cost of a parking ticket from $5 to $10 Police Chief Gannaway requested that Council raise the parking violation fines. He stated the Parking Commission wishes to cover expenses of the maintenance of the downtown parking lots as well as improvements to some of the lots. Police Chief Gannaway reported that the Council may be asked to increase the fine more in the future. The Commission wants the City to remain parking - friendly. Councilmember Roush suggested making the fine $10 and if not paid within a certain amount of time, $20. Councilmember Polehna stated merchants have told him their employees are taking the public parking spaces up all day. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to adopt Resolution 2012 -164, approving Parking Violation fines, increasing the initial parking violation fine to $15, $20 if not paid in 10 calendar days, and $35 if not paid in 20 calendar days. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim, Mayor Harycki Nays: None Possible approval of a Resolution accepting a donation of $85,000 from the Collins Family Mayor Harycki stated that the Collins family donated the funds in memory of their parents, Bob and Sue Collins, toward the downtown pedestrian walkway. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -165, accepting donations from the family of Bob and Sue Collins. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 9 of 10 City Council Meeting October 2, 2012 Possible approval of resolution for No Parking on Settlers Way Public Works Director Sanders explained the request for no parking on the south side of Settlers Way in Liberty is in response to complaints from townhome residents about commercial vehicles parking there. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -166, authorizing no parking on the south side of Settlers Way from Manning Avenue to 140 feet east of Liberty Parkway. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 9:26 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012 -156, directing payment of bills Resolution 2012 -157, possible approval of railroad lease increase Resolution 2012 -158, adopting delinquent clean up services charges Resolution 2012 -159, approving renewal of the City's Board of Appeal and Equalization duties to Washington County Resolution 2012 -160, adopting assessment for 2012 street improvement project (Project 2012 -02) L.I. 393 Resolution 2012 -161, adopting assessment for Third Street South improvement project (Project 2012 -04) L.I. 369 Resolution 2012 -162, accepting bids and awarding the contract for City Hall chiller installation project Resolution 2012 -163, approving 2012 Fall Colors Fine Art & Jazz Festival Resolution 2012 -164, approving Parking Violation fines Resolution 2012 -165, accepting donations from the family of Bob and Sue Collins Resolution 2012 -166, authorizing no parking on the south side of Settlers Way from Manning Avenue to 140 feet east of Liberty Parkway Ordinance 1051, an Ordinance Amending City Code Section 31 -514, relating to the Keeping of Chickens in the City Page 10 of 10 RESOLUTION 2012 -167 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $478,864.81 are hereby approved for payment, and that checks be issued for the payment thereof The complete list of bills (Exhibit "A ") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 16th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -167 Abrahamson Nurseries Ace Hardware Action Rental, Inc. Ancom Communication, Inc. Ancom Technical Center Aramark Uniform Services, Inc AT &T Brine, Monty Board of Water Commissioner Bryan Rock Products, Inc. Canadian Technical Tape Ltd. Carquest Auto Parts Century Link Clog Un- Boggler Inc. Comcast Community Thread Cox Ford Motor Sales Cragoe Gail Ecolab Pest Emergency Apparatus Maintenanc FleetPride Frontier Ag & Turf Fury Dodge Chrysler Gertens Wholesale Gopher State One Call, Inc. Herzog Engineering LLC Holman Rose M. Ice Skating Institute Jefferson Fire & Safety, Inc. Jimmys Johnnys, Inc. League of MN Cities League of MN Cities Ins Tr Lowe's Home Centers Inc. Maximum Solutions, Inc. Menards Metropolitan Council Mitchell Ryan MN County Attorneys Assoc. MN Dept of Labor & Industry MN Fire Srv. Cert. Board MWOA Nobles John Office Depot Paramount Sk8s, Inc. Tree damaged by police car Supplies Rental and concrete Travel charger Repair for pagers Uniform & Mats Phone Refund -Over paid utility bill WAC Charges Northland ball field Ag lime enp White tape and poly tape Parts and supplies Telephone Unclog drain Lowell Park Telephone, cable and Internet Final Installment 2012 Contribution Vehicle repair Oark Fee Refund Ant program Truck repair Parts Parts Auto repairs Mums for planters downtown Tickets Structural Engineering services for Lowe Reimburse for mileage and misc Skater memberships Turn out gear & 2 Navy tru spec pants Toilet rental Claim H00704718 Al Claim C0014910 Trpy Bilt 2700 pressure w Annual software agreement Supplies July 2008 Monthly SAC & Wastewater Reimburse for mileage for jury duty Notice of seizure Elevator License & Qtrly surcharge Firefighter I Cert Exam MWOA section meeting registration Reimburse for mileage for inspections Office supplies C -12 Polished 239.00 279.99 390.81 97.50 390.00 890.15 49.57 271.10 14,355.00 116.18 1,069.92 374.90 693.06 160.00 1,030.64 3,818.75 1,001.05 50.00 160.31 905.90 2,160.85 401.72 803.64 1,346.63 416.75 3,150.00 498.04 884.00 7,968.95 417.03 2,247.99 1,000.00 341.01 912.38 415.84 149,254.89 5.40 51.42 4,087.05 75.00 45.00 10.55 108.88 155.00 EXHIBIT "A" TO RESOLUTION #2012 -167 Paget Parker Renee Parker Stephen Performance Plus LLC Plant Health Associates R & R Specialties, Inc. R W Kirchner Rick's 36 Automotive Service RiedelI Shoes, Inc. Rink Systems Inc. Rivertown Commons Resident Fu S &T Office Products, Inc. Shilts Cindy Sivigny Donald J Software House Int, Inc. Sprint PCS St. Croix Boat & Packet Co. St. Croix Recreation Co. St. Croix Title St. Croix Tree Service Inc. Stillwater Gazette Stillwater Lions Club Stillwater Motor Company Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Teddy Bear Park Foundation The Alternator & Starter Store Toll Gas & Welding Supply Trans Union LLC Tri -State Bobcat, Inc. Tri -State Pump and Controls, Inc. UPS US Home Corp /Lennar USA Mobility Wireless, Inc. Valley Concrete, Inc. Viking Industrial Center Washington County Dept of Public Washington County Public Safety Radio Washington County Sheriff's Office Yocum Oil Company Refund for 2 Junior team registrations Refund of parking ticket SCBA - Nelson Tree Service 7/1/12- 9/30/12 Paint and blade sharpening Consulting work PCM replacement on 2005 Ford Escape Resale Polycarbonate clear Refund of parking ramp card deposit Office supplies Reimburse for ref book and mileage Plan review Software Maintenance Phone September Arena Billing Play Equipment and installation at Milib 10033 Perkins Ave N Tree Service Subscriptions 4th Qtr dues & meals Vehicle repair Tow and winch Publications Retiree Health Insurance and COBRA Asphalt Pass Thru- Margaret Rivers Foundation Parts Cylinders Info services Rentals Pump labor Shipping Grading Escrow Refund 3064 Lowell Ct Text messaging Step repair 6 Lime ball caps License Renewal Rec Center 3rd qtr radios 3rd qtr MDC's Fuel 312.00 35.00 25.00 712.50 792.20 300.00 1,739.30 283.21 804.89 95.00 673.98 80.00 1,087.00 2,070.17 101.76 42,232.47 78,080.02 20.00 1,426.78 327.00 140.00 505.97 697.35 84.00 54,623.26 2,006.41 7,500.00 240.47 10.17 5.00 3,225.74 5,927.72 9.28 17, 000.00 47.22 1,800.00 115.30 361.00 4,326.84 5,250.00 4,568.85 EXHIBIT "A" TO RESOLUTION #2012 -167 LIBRARY Ace Hardware Aramark Baker & Taylor Bertalmio, Lynne Blocher, Carolyn Brodart BWI Collaborative Design Group Midwest Tape STI Toshiba Washinton County Library Xcel Energy Library CC Acorn Media Amazon.com Kowalskis Market Trader Joe Timberdoodle ADDENDUM B &B Products Ballis Tom BCA MNJIS Section Carlson Hardscape, Inc. CDW Government, Inc. Clark, Dan Magnuson David Nardini Fire Equipment Thomson Reuters Verizon Wireless Wingfoot Commercial Tire Xcel Energy Tom CC Allied Parking Ken CC Stillwater Parking Janitorial Supplies Rug & towel service Library materials Refreshments Various Library materials Library materials Capital roof repair Audiovisual materials Technology support Maintenance contract Various Utilities DVDs Library materials Gallery reception Gallery reception Small equipment Checked connections Reimbuse for fire open house supplies Internet Connection Relay paver sidewalk 250 GB SATA Custodian Annexaton Hwy 36 Silt' -Ex Plus chem class A Information charges Internet Tires Energy Parking Parking Page3 331.37 56.81 168.02 15.54 50.98 507.70 655.88 453.30 376.16 335.00 29.83 1,056.07 3,043.02 245.05 83.45 63.76 31.49 16.95 3,361.30 578.85 270.00 550.00 127.77 1,057.50 9,457.74 919.13 98.06 27.74 633.43 11,509.20 6.00 3.00 TOTAL 478,864.81 EXHIBIT "A" TO RESOLUTION #2012 -167 Page4 Adopted by the City Council this 15th Day of October, 2012 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -167 Abrahamson Nurseries Ace Hardware Action Rental, Inc. Ancom Communication, Inc. Ancom Technical Center Aramark Uniform Services, Inc AT &T Brine, Monty Board of Water Commissioner Bryan Rock Products, Inc. Canadian Technical Tape Ltd. Carquest Auto Parts Century Link Clog Un- Boggler Inc. Comcast Community Thread Cox Ford Motor Sales Cragoe Gail Ecolab Pest Emergency Apparatus Maintenanc FleetPride Frontier Ag & Turf Fury Dodge Chrysler Gertens Wholesale Gopher State One Call, Inc. Herzog Engineering LLC Holman Rose M. Ice Skating Institute Jefferson Fire & Safety, Inc. Jimmys Johnnys, Inc. League of MN Cities League of MN Cities Ins Tr Lowe's Home Centers Inc. Maximum Solutions, Inc. Menards Metropolitan Council Mitchell Ryan MN County Attorneys Assoc. MN Dept of Labor & Industry MN Fire Srv. Cert. Board MWOA Nobles John Office Depot Paramount Sk8s, Inc. Tree damaged by police car Supplies Rental and concrete Travel charger Repair for pagers Uniform & Mats Phone Refund -Over paid utility bill WAC Charges Northland ball field Ag lime enp White tape and poly tape Parts and supplies Telephone Unclog drain Lowell Park Telephone, cable and internet Final Installment 2012 Contribution Vehicle repair Oark Fee Refund Ant program Truck repair Parts Parts Auto repairs Mums for planters downtown Tickets Structural Engineering services for Lowe Reimburse for mileage and misc Skater memberships Turn out gear & 2 Navy tru spec pants Toilet rental Claim H00704718 Al Claim C0014910 Trpy Bilt 2700 pressure w Annual software agreement Supplies July 2008 Monthly SAC & Wastewater Reimburse for mileage for jury duty Notice of seizure Elevator License & Qtrly surcharge Firefighter I Cert Exam MWOA section meeting registration Reimburse for mileage for inspections Office supplies C -12 Polished 239.00 279.99 390.81 97.50 390.00 922.16 49.57 271.10 14,355.00 116.18 1,069.92 374.90 693.06 160.00 1,030.64 3,818.75 1,001.05 50.00 160.31 905.90 2,160.85 401.72 803.64 1,346.63 416.75 3,150.00 498.04 39.00 7,968.95 417.03 2,247.99 1,000.00 341.01 912.38 415.84 149,254.89 5.40 51.42 4,087.05 75.00 45.00 10.55 108.88 155.00 EXHIBIT "A" TO RESOLUTION #2012 -167 Parker Renee Parker Stephen Performance Plus LLC Plant Health Associates R & R Specialties, Inc. R W Kirchner Rick's 36 Automotive Service RiedelI Shoes, Inc. Rink Systems Inc. Rivertown Commons Resident Fu S &T Office Products, Inc. Shilts Cindy Sivigny Donald J Software House Int, Inc. Sprint PCS St. Croix Boat & Packet Co. St. Croix Recreation Co. St. Croix Title St. Croix Tree Service Inc. Stillwater Gazette Stillwater Lions Club Stillwater Motor Company Stillwater Towing Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Teddy Bear Park Foundation The Alternator & Starter Store Toll Gas & Welding Supply Trans Union LLC Tri -State Bobcat, Inc. Tri -State Pump and Controls, Inc. UPS US Home Corp /Lennar USA Mobility Wireless, Inc. Valley Concrete, Inc. Viking Industrial Center Washington County Dept of Public Washington County Public Safety Radio Washington County Sheriff's Office Yocum Oil Company Refund for 2 Junior team registrations Refund of parking ticket SCBA - Nelson Tree Service 7/1/12- 9/30/12 Paint and blade sharpening Consulting work PCM replacement on 2005 Ford Escape Resale Polycarbonate clear Refund of parking ramp card deposit Office supplies Reimburse for ref book and mileage Plan review Software Maintenance Phone September Arena Billing Play Equipment and installation at Millb 10033 Perkins Ave N Tree Service Subscriptions 4th Qtr dues & meals Vehicle repair Tow and winch Publications Retiree Health Insurance and COBRA Asphalt Pass Thru- Margaret Rivers Foundation Parts Cylinders Info services Rentals Pump labor Shipping Grading Escrow Refund 3064 Lowell Ct Text messaging Step repair 6 Lime ball caps License Renewal Rec Center 3rd qtr radios 3rd qtr MDC's Fuel Page2 312.00 35.00 25.00 712.50 792.20 300.00 1,739.30 283.21 804.89 95.00 673.98 80.00 1,087.00 2,070.17 101.76 42,232.47 78,080.02 20.00 1,426.78 327.00 140.00 505.97 697.35 84.00 54,623.26 2,006.41 7,500.00 240.47 10.17 5.00 8,763.46 390.00 9.28 17, 000.00 47.22 1,800.00 115.30 361.00 4,326.84 5,250.00 4,568.85 EXHIBIT "A" TO RESOLUTION #2012 -167 LIBRARY Ace Hardware Ara ma rk Baker & Taylor Bertalmio, Lynne Blocher, Carolyn Brodart BWI Collaborative Design Group Midwest Tape STI Toshiba Washinton County Library Xcel Energy Library CC Acorn Media Amazon.com Kowalskis Market Trader Joe Timberdoodle Janitorial Supplies Rug & towel service Library materials Refreshments Various Library materials Library materials Capital roof repair Audiovisual materials Technology support Maintenance contract Various Utilities DVDs Library materials Gallery reception Gallery reception Small equipment Page3 331.37 56.81 168.02 15.54 50.98 507.70 655.88 453.30 376.16 335.00 29.83 1,056.07 3,043.02 245.05 83.45 63.76 31.49 16.95 RESOLUTION 2012 -168 APPOINTING ELECTION JUDGES AND FIXING COMPENSATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the following named persons, shall be appointed as Election Judges, subject to the attendance of a two hour training to be held by the City of Stillwater or Washington County, and eligible to serve at the General Election to be held on November 6, 2012. Last Name First Name Address Welty Cameron Elizabeth Riley BE IT FURTHER RESOLVED, that the compensation to be paid to the regular Judges of Election be, and the same is hereby fixed at $9.00 per hour; and the compensation for the Head Judges is hereby fixed at $11.55 per hour and that the City will provide food to judges as part of their compensation. Adopted by the Stillwater City Council this 18th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2012 -169 APPROVING ASSIGNMENT AGREEMENT WITH THE VETERANS' MEMORIAL COMMITTEE FOR 2013 WHEREAS, the City of Stillwater is the owner of Riverview Parking Lot and is a party to a Master Agreement with SuperValu, Inc. that was made March 7, 1995; and WHEREAS, an Assignment of the Agreement was executed by the City and SuperValu; Inc. on a trial basis on July 6, 2007, and affirmed on December 31, 2008; and WHEREAS, the City and the Veterans' Memorial Committee desire to extend the Agreement on a year -to -year basis beginning November 2011; and WHEREAS, since the terms of the Agreement and the Assignment do not change as to SuperValu, Inc., the Agreement may be extended on a yearly basis without the consent of SuperValu, Inc. NOW, THEREFORE, be it resolved that the Assignment made November 2011 be and the same is hereby extended until November 1, 2013, subject to the Assent of the Veterans' Memorial Committee. Adopted by the City of Stillwater this 16th day of October, 2012. ASSENT VETERANS' MEMORIAL COMMITTEE Bv: Its: CITY OF STILLWATER Ken Harycki, Mayor Diane F. Ward, City Clerk Memo DATE: October 9, 2012 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1St quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1St quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents /owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior /current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident /owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff's recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment Begins 1 Water softener leak From 54,000 4th To 26,000 2 Leak in bathroom From 17,000 4th To 9,000 3 Outside faucet leak From 55,000 4th To 16,000 4 Outside faucet leak From 14,000 4th To 13,000 5 Leaking toilet From 17,000 4th To 16,000 MEMORANDUM TO: Mayor and City Council FROM: Michel Pogge, City Planner DATE: October 12, 2012 RE: Mainstreet Pedestrian Walkway Project Site Work Change Order #4 DISCUSSION Site work for the Mainstreet Pedestrian Walkway Project is now complete except for a few punch list items. There were a number of changes that occurred at the end of the project. These changed included adding better materials that will help ensure a Longer life of the site, address contaminated soil that was encountered, and adding high early concrete on Main Street to help open the roadway to traffic more quickly. The following is a summary of those changes: PRs included in this change order: PR#17 - Removal of Rubble $ 3,900.00 PR #18 _ Epoxy Dowels $ 2,167.00 PR #19 - Add Truncated Domes $ 396.00 PR #20 - Epoxy coated rebar at steps $ 1,460.00 PR #21 - Additional Traffic Control $ 853.00 PR #22 - Soil testing on plaza sub base $ 1,095.00 PR #23 - Stone Retaining Wall Moving $ 1,123.00 PR #24 - Remove trees and add upgraded mulch $ 1,779.00 PR #25 - Gravel at end of walkway $ 495.00 PR #26 - High Early concrete at Main Street $ 3,543.00 PR #27 - Concert Stoops REJECTED PR #28 - Patch curb at transplanted trees $ 448.00 PR #29 - Extended handrail and post $ 352.00 PR #30 - Kiosk precast and tax $ 1,935.00 TOTAL for PR #17 through PR #30 $19,546.00 RECOMMENDATION The City Council approved Change Order #4 in the amount of $19,546.00. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2012- APPROVAL OF CHANGE ORDER #4 MAIN STREET PEDESTRIAN WALKWAY SITE WORK. RESOLUTION 2012 -170 APPROVAL OF CHANGE ORDER #4 MAIN STREET PEDESTRIAN WALKWAY SITE WORK BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that Change Order #4 in the amount of $19,546.00 for the Main Street Pedestrian Walkway Site Work Project is hereby approved: Change order #4: PR # Item Amount 17 - Removal of Rubble $ 3,900,00 18 - Epoxy Dowels $ 2,167.00 19 - Add Truncated Domes $ 396.00 20 - Epoxy coated rebar at steps $ 1,460.00 21 - Additional Traffic Control $ 853.00 22 - Soil testing on plaza sub base $ 1,095.00 23 - Stone Retaining Wall Moving $ 1,123.00 24 - Remove trees and add upgraded mulch $ 1,779.00 25 - Gravel at end of walkway $ 495.00 26 - High Early concrete at Main Street $ 3,543.00 27 Concert Stoops REJECTED 28 Patch curb at transplanted trees $ 448.00 29 - Extended handrail and post $ 352.00 30 - Kiosk precast and tax $ 1,935.00 TOTAL change for PR #17 through PR #30 $19,546.00 This change order increases the base contract amount from $599,769 to $619,315. Adopted by Council this 16th day of October 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk illwater T H E B I R T H P L A C E O F M I N N E S O T A Memo To: City Council From: Michel Pogge, City Planne Date: October 11, 2012 Re: Variances to allow for the reconstruction of the restroom in south Lowell Park - Planning Case 2012 -29 BACKGROUND The City of Stillwater is proposing to demolish the existing 19.25' by 19.25' restroom in south Lowell Park. The new proposed restroom is 24' x 30' with 5 stalls in both the men and women restrooms. The east wall of new restroom will be located in the same location as the current wall and will still be connected to the lift station. In order to construct the new restroom as proposed, two variances are necessary related to setback from the St Croix River and floodplain requirements. Attached is a staff report to the Planning Commission on requests dated September 6, 2012. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held public hearing and reviewed the request at their September 10, 2012 meeting. No public comments were received by the Commission during the hearing. The Commission unanimously recommended that the City Council approve the request with the 13 conditions of approval outline in the staff report. STAFF REVIEW AND RECOMMENDATION City staff finds the variance review criteria to be satisfied and therefore recommends approval as conditioned as noted on page 6 of the September 6, 2012 staff report. T H E B I R T H PLACE O F M I N N E S O T A Planning Commission DATE: September 6, 2012 REQUEST: Variances to allow for the reconstruction of the restroom in south Lowell Park APPLICANT: City of Stillwater LAND OWNER: City of Stillwater LOCATION: 204 Nelson St E COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District HEARING DATE: September 10, 2012 PREPARED BY: Michel Pogge, City Planne REVIEWERS: Community Development Director CASE NO.: 2012 -29 BACKGROUND The City of Stillwater is proposing to rebuild the existing 19.25' by 19.25' restroom in south Lowell Park. The restroom is connected to the sanitary sewer lift station along the south wall of the restroom. The lift station was constructed in 1959 while the restroom was constructed in 1984. The existing restroom has two stalls in both the men and women restrooms. The restroom is in very poor shape, is over used, and at the end of it useful life. Additionally, the way it was constructed creates water intrusion issues. The new restroom is 24' x 30' with 5 stalls in both the men and women restrooms. The east wall of new restroom will be located in the same location as the current wall and will still be connected to the lift station. The current restroom has a finish floor of 685.90'. In order to avoid water intrusion issues the new restroom will have a finished floor elevation of 689.27'. In order to construct the new restroom as proposed, two variances are necessary related to setback from the St Croix River and floodplain requirements. South Lowell Park Restroom Page 2 Existing Restroom Sanitary Sewer Lift Station The park is guest to hundreds of thousands people annually and warrants an adequate restroom facility. The current restrooms are substandard and simply undesirable (see attached photos). The new restroom will not only provide updated facility but will also increase the number of stalls. SPECIFIC REQUESTS The City of Stillwater has requested the following variances: 1. A 10 foot setback variance from the Ordinary High Water Mark of the St Croix River (90.5' requested /100' required). 2. A variance to the floodplain overlay district requirements in order to construct an accessory structure (restroom building) in the floodplain. 720 square foot structure requested, 500 square foot square foot maximum allowed. EVALUATION OF REQUESTS The St Croix Riverway rules took effect in Stillwater on June 6, 1989 and the flood plain regulations to effect on September 26, 1983. The sanitary sewer lift station was built prior to either of these requirements while the restroom was built prior to the St Croix River setback requirement. Since the current restroom is smaller than 500 sq. ft. it meets the requirements of the flood plain rules as an accessory structure. Since the restroom is being completely rebuilt, it technically is required to meet the riverway and floodplain rules. Since the lift station is in good shape it is the City's desire to construct the new restroom connected to the lift station similar to how is currently is constructed, variances are required. South Lowell Park Restroom Page 3 St Croix Riverway requirements The purpose of the riverway requirements is to lessen the impacts the built environment has on the river. The City looked at moving the restroom back to meet the 100 feet; however, decided against this for two reasons. First, moving it causes it to get closer to the adjacent parking lot and due to grade changes it made it impossible to meet ADA access requirements without a series of ramps that would be visible from the river. Second, since the lift station will remain, we felt that placing the bathroom at a similar setback a justified. Since parks are permitted uses in the riverway district a restroom would seem to be a reasonable accessory use that supports the park. To address concerns raised by the DNR, the City is willing to add landscaping along the east side of the restroom and lift station to help screen the buildings from the river. Additionally, the City will use earth tone colors on the new restroom as required by the riverway rules. Flood overlay district requirements The base flood elevation (aka 1% annual change flood elevation or 100 -year flood elevation) at this location is 692.5 feet. The regulatory flood protection elevation is one foot above base flood elevation or 693.5 feet at this location. The proposed finished floor elevation of the new restroom is 689.27'. A provision in the Stillwater floodplain ordinance allows a building to be built below the regulatory flood protection elevation if the building is of "minimal investment ", is less than 500 square feet in size, and flood proofed to the FP -3 or FP -4 as out lined in the Minnesota State Building Code. No mechanical and electrical equipment will be located below the regulatory flood protection elevation of 693.5'. The City would build the new restroom to the required flood proofing standards. Additionally, as a non - habitable restroom building, it is the position of the City that the proposed restroom building meets the requirements to be considered a building of "minimal investment "; however, at 720 square feet in size, the building requires a variance to the maximum allowable size. The City believes that the size of the proposed restroom is needed in order to adequately serve the needs of the community. The City has discussed the proposed flood overlay district variance with the DNR and they have found the proposed variance to be acceptable. South Lowell Park Restroom Page 4 The State of Minnesota enables a City to grant variances when they meet the review criteria below. 1. A variance may be granted when the applicant establishes that there are "practical difficulties" in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a "practical difficulty ". a. Is the property proposed to be used in a reasonable manner? The restroom itself is a very modestly sized 720 square foot building that serves the users of downtown Stillwater. Due to the location of the lift station and landscaping the buildings along the east side of the building along with using earth tone colors the proposal is reasonable. b. Is the plight of the landowner due to circumstances unique to the property? Building a public space for the benefit of the public is unique in itself and balancing the needs of the park visitors with the zoning code can be difficult. Balancing the needs of the floodplain overlay district and the riverway rules can also be challenging. Balancing this creates a unique challenge. Therefore, staff finds the circumstances to be unique. c. Are the circumstances created by the landowner? The City did not create the set of circumstances associated with the property. d. If granted, would the variance alter the essential character of the locality? The project seeks to construct modern restrooms that are only slightly larger than the current restroom building. The variance itself does not alter the essential character of the immediate neighborhood. If not granted, the City will keep the existing restrooms which are substandard and not desirable in the eyes of the general public. e. Is the lone consideration an economic one? The City has nothing to gain economically with these proposed variances. South Lowell Park Restroom Page 5 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? The floodplain requirements are to protect the building from flooding and potential losses. The setback from the St Croix River seeks to minimize the loss of natural views from the river. b. If granted, would the proposed variance be out of harmony with the Zoning Code? No, it would not be out of harmony with the Zoning Code. Since the lift station will remain, the impact of the built environment on the river changes little regardless if the restroom meets the required setback or not. By adding landscaping and using earth tone colors the impacts of the new restroom building on the river will be minimized. Additionally, since the restroom will be built following flood proofing standards, concerns related to the flooding will be minimized. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, it would not be out of harmony with the Comprehensive Plan. 3. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The property is zoned CBD, Central Business District. The creation of the restroom is not a prohibited use. ALTERNATIVES The Planning Commission has the following options: 1. Recommend City Council approve all or part of the requested variances. 2. Recommend City Council deny all or part of the requested variances. 3. Table the variance requests for additional information. South Lowell Park Restroom Page 6 CONDITIONS FOR APPROVAL If the Commission chooses to recommend that the City Council approve the project, staff would recommend the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. The applicant shall submit a SAC determination letter prior to the issuance of a building permit. 3. Plans shall be approved by the building inspector and fire marshal prior to the issuance of a building permit. 4. The building shall meet all flood proofing requirements of the Minnesota Building Code, including that no mechanical or electrical equipment may be set below an elevation of 693.5'. 5. Landscaping shall be added along the east side of the building to minimize the visual impact of the structure from the St Croix River. Landscaping plan shall be submitted and approved by the DNR Area Hydrologist and the City Planner prior to the issuance of a building permit. 6. As part of the Downtown Stillwater Commercial Design Review District, the applicant shall submit final plans to the Stillwater HPC for review. Plans shall be approved by the HPC prior to the issuance of a building permit. 7. The building shall use earth tone colors. Final color selections shall be submitted and approved by the DNR Area Hydrologist and the City Planner prior to issuance of a building plan. 8. All utilities along with all ground and roof top mounted mechanical equipment must be screened from public view. 9. All gutters, downspouts, flashings, etc. must match the color of the adjacent surface. 10. Light Plan and cut sheets on all of the lighting fixtures shall be submitted and approved by the City Planner prior to the issuance of a building permit. 11. The street address of the building shall be displayed in a location conspicuous from the public street. 12. The drainage and utility plans shall be reviewed and approved by the City Engineer prior to the issuance of a building permit. 13. If required, a permit from Middle St Croix Water Management Organization shall be obtained prior to the issuance of a building permit. RECOMMENDATION City staff finds the variance review criteria to be satisfied and therefore recommends approval as conditioned. attachments: Site Plan Application materials Case 2012 -29 204 Nelson St E C? O s. o Edge of Riverwalk Lowest Elevation 677 CRP Existing Bathroom to be removed 19.25' x 19.25' New Bathroom (red line) 24' x 30' CRP Lift Station Building To remain • S' ets °r City of Stillwater, MN 1 Feet Community Development Department 0 15 30 60 216 North Fourth Street 1 inch = 30 feet Stillwater, MN 55082 651- 430 -8820 — 651 - 430 -8810 fax Case 2012 -29 204 Nelson St E Edge of Riverwalk Lowest Elevation 677' Existing Bathroom to be removed 19.25' x 19.25' Lift Station Building To remain N A City of Stillwater, MN 1 Feet Community Development Department 0 15 30 60 216 North Fourth Street 1 inch = 30 feet Stillwater, MN 55082 651- 430 -8820 — 651 - 430 -8810 fax L100-IA NN S Xd 0 D z N011dAddd H1, 10N NV-Id L100-IA SddMddXd O O O rEDTP ao' 111 0 z 0 z N NOLVA dd 1SdM - NR,A i i i , ,, , a.. A PRELIMINARY CONCEPT ALTERNATIVE FOR: LOWELL PARK BATHROOMS STILLWATER MINNESOTA 01,E m0 0,0 0 00 oESEre,,mH B AL A Y i. e , a a o I I I I MAP SCALE 1" = 500' W H W W 0 cLL T•O,/ 0 0 0 I T 0 0 (0 (O p J W Z d ILI g LIJ Z Q z 0 o J LL F � d O p Z O HF-ip� C7Oo 0� y1 W U WZZ H Q=yuA z d in v O m w J Z a a 7 o 3 J z a O w Z a_. N W 0 W z s 8 Lc z 61 m = z z i 2 8 W W 23 E o N N N = 0 5 LL W r, L(- Y U,. `o m m g 2 d _' ° ° md a E m m E c c o z m s _ A NQ r d" 9Ec N= z `e ac�4 ° 'C '- _,>., $-°F °E '0 3 N E zmt>>8 f W W O WLO 1 mN a N Z � cD Q VD N Lij < M u_ W LL W m >, Or u ° O R ti I., 8 W 1 w eye °F ```0 aw ti 1 / c ` O�'w °" ix iJ X21_J=C 2l_d`3 =N 11:1 S�N I =a 0 =0 • 4 - J RESOLUTION 2012- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A VARIANCE TO THE CITY OF STILLWATER FLOODPLAIN OVERLAY DISTRICT REGULATIONS AND ST CROIX RIVER OVERLAY DISTRICT REGULATIONS PLANNING CASE NO. 2012 -29 WHEREAS, the Stillwater City Code §31 -400 Subd 5(b)(2) permits accessory structures of minimal investment in the floodplain overlay district that don't exceed 500 square feet in size in a floodplain; and WHEREAS, the City of Stillwater made application for a variance in order to construct an 716 square foot accessory structure (restroom building) of minimal investment in the floodplain overlay district; and WHEREAS, the Stillwater City Code §31 -401 Subd 6(b)(1) requires a 100 foot setback from the ordinary high water mark of the St. Croix River; and WHEREAS, the City of Stillwater made application for a variance in order to construct the restroom adjacent and at a similar setback from the river as the existing sanitary sewer lift station; and WHEREAS, on September 10, 2012 the Stillwater City Planning Commission held a public hearing and recommended approval of said variances with 13 conditions of approval; and WHEREAS, on October 16, 2012 the Stillwater City Council held a public hearing on said variances. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approve a variance to Stillwater City Code §31 -400 Subd 5(b)(2) in order to construct an 716 square foot accessory structure (restroom building) of minimal investment in the floodplain overlay district and a variance to Stillwater City Code §31- 401 Subd 6(b)(1) to permit a setback from the ordinary high water mark of the St. Croix River of only 90.6 feet subject to the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. The applicant shall submit a SAC determination letter prior to the issuance of a building permit. A resolution approving variances for the South Lowell Park Restroom Planning Case No. 2012 -29 Page 2 of 2 3. Plans shall be approved by the building inspector and fire marshal prior to the issuance of a building permit. 4. The building shall meet all flood proofing requirements of the Minnesota Building Code, including that no mechanical or electrical equipment may be set below an elevation of 693.5'. 5. Landscaping shall be added along the east side of the building to minimize the visual impact of the structure from the St Croix River. Landscaping plan shall be submitted and approved by the DNR Area Hydrologist and the City Planner prior to the issuance of a building permit. 6. As part of the Downtown Stillwater Commercial Design Review District, the applicant shall submit final plans to the Stillwater HPC for review. Plans shall be approved by the HPC prior to the issuance of a building permit. 7. The building shall use earth tone colors. Final color selections shall be submitted and approved by the DNR Area Hydrologist and the City Planner prior to issuance of a building plan. 8. All utilities along with all ground and roof top mounted mechanical equipment must be screened from public view. 9. All gutters, downspouts, flashings, etc. must match the color of the adjacent surface. 10. Light Plan and cut sheets on all of the lighting fixtures shall be submitted and approved by the City Planner prior to the issuance of a building permit. 11. The street address of the building shall be displayed in a location conspicuous from the public street. 12. The drainage and utility plans shall be reviewed and approved by the City Engineer prior to the issuance of a building permit. 13. If required, a permit from Middle St Croix Water Management Organization shall be obtained prior to the issuance of a building permit. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of October, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk THE B I R T H P L A C E O F M I N N E S O T A City Council DATE: October 11, 2012 APPLICANT: City of Stillwater CASE NO.: 2012 -31 REQUEST: A zoning text amendment to §31 -325 of the Stillwater City Code to require City Council review of Special Use Permit of all roof top and above grade patios. CC HEARTING DATE: October 16, 2012 REVIEWED BY: Community Development Director PREPARED BY: Michel J. Pogge, City Planne se BACKGROUND In response to the Rafters roof top patio SUP request, the City Council at their August 21st meeting asked that City Staff draft an amendment to the zoning code that requires special use permits for all roof top patios and above ground patios be reviewed and considered by the City Council. Currently the Planning Commission has the authority to approved SUPs for this type of use. DISCUSSION Requiring City Council review of all roof top patios and above ground patios can be achieved as simply as adding a footnote to "Outdoor Eating Establishments" in the commercial use table that states: "SUPs for outdoor eating establishments on a rooftop or on above grade patios may only be issued by the City Council." Since state statute requires all SUPs to be reviewed by the Planning Commission before they can be heard by the City Council, this change will add a minimum of 22 days to the review process for requests for roof top patios and above ground patios. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held public hearing and reviewed the request at their September 10, 2012 meeting. No public comments were received by the Commission during the hearing. During the Commission's discussion they were concerned that the proposed ordinance was unnecessary and that the current system works fine. The Commission recommended that the City Council reject the ordinance amendment as proposed on a 4 -1 vote (Commissioner Lauer voting no). Attached is an excerpt of the September 10th Planning Commission minutes. REQUESTED ACTION Staff request that the Council review and take an action on the proposed ordinance amendment. * ** EXCERPT*** PLANNING COMMISSION MEETING MINUTES September 10, 2012 REGULAR MEETING 7:00 P.M. Case No. 2012 -31. A minor Zoning Text Amendment for above -grade patios and above -grade decks. City of Stillwater, applicant. City Planner Pogge explained that on August 21, the City Council requested that staff draft an amendment to require that all above grade, rooftop patios be reviewed and acted on by the City Council. Currently, Special Use Permits required for outdoor eating establishments are granted by the Planning Commission. This change would add a minimum of 22 days to the review process; applications would still go before the Planning Commission for a recommendation before going to the City Council for action. This doesn't affect any previously approved SUPs. Council Representative Menikheim stated the amendment places accountability on the City Council and he supports it. Commissioner Siess commented it relieves the Commission of liability. There were no comments during the public hearing. Commissioner Kocon stated he believes the Planning Commission is capable of making these sorts of decisions; they can always be reviewed by the City Council. Commissioner Hansen agreed, adding that if a citizen would like to appeal a decision, they can go before the City Council, so the present process works. Commissioner Siess pointed out that the appeal process can be costly. She asked if the Commission wants to have that amount of liability. Commissioner Lauer agreed with Councilmember Menikheim. The Commission is fully capable of making the decisions but he doesn't mind not being responsible in terms of protecting the City. He could go either way. Chairman Dahlquist stated he disagrees with Councilmember Menikheim on the need for City Council authorization and is not in favor of the amendment. The City of Stillwater is unique in that the Planning Commission has a certain level of authority to make decisions; this is a good thing that allows the Commission to take what it does very seriously. There is always the opportunity for decisions to be appealed to the City Council. Page 1 of 6 Planning Commission September 10, 2012 Motion by Commissioner Kocon, seconded by Commissioner Hansen, to reject the ordinance amendment as proposed. Commissioner Siess questioned timelines of materials going to the City Council in packets, should the Council wish to revisit a Planning Commission decision. Commissioner Hansen pointed out that citizens really have to know what's going on in order to make an appeal. Chairman Dahlquist reminded the Commission that the Council has always had the option to appeal a Planning Commission decision. Commissioner Kocon pointed out that the role of the Planning Commission is to represent the citizenry. He feels the Commission represents all citizens of the City and he takes the Commission's decision - making authority very seriously. Ayes: Chairman Dahlquist, Commissioners Kocon, Hansen, and Siess Nays: Commissioner Lauer Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY REQUIRING CITY COUNCIL REVIEW OF ALL ELEVATED OUTDOOR EATING ESTABLISHMENTS. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that due to their inherent risks and potential to disrupt the surrounding residential neighbors, elevated outdoor eating establishments need to be reviewed by the Stillwater City Council. 2. Amending. City Code Chapter 31, Section 31 -325 is amended by replacing "outdoor eating establishments" use with the following: CA CBD VC BP -C BP -0 BP -I CRD PA PWFD Outdoor eating establishments SUP 25 2012. 25 SUPs for outdoor eating establishments on a rooftop or on above grade patios may only be issued by the City Council. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk wter T H E B I R T H P L A C E O F M I N N E S O T A Memo To: City Council From: Michel Pogge, City Planned Date: October 16, 2012 Re: HPC Case 2012 -30: Demolition request at 604 4th St S3 HPC Case 2012 -31: Demolition request at 216 Willard St W BACKGROUND St Paul Lutheran Church, property owner of 604 4th St S and 216 Willard St W , has requested that the City Council delay taking final action of the two demolition permits so they can have an opportunity to invite their neighbors to an open house on the topic. Tentatively the Church is planning to hold the open house on November 8th at 7:00 PM at the Church. The purpose of the delay is to allow the Church to have time to listen and talk with their neighbors in regards to the demolition requests and to see if there are ways they can address the neighbor's concerns. ALTERNATIVES The Council has several alternatives related to this request: A. Table. The Council could chose to grant the Church's request and table final action on the request until your December 4, 2012 meeting. B. Deny. If the Council does not find tabling action of the demolition permits they could chose to adopt the Findings of Fact, Conclusions of Law and Order in support of the decision to deny a demolition permit that are included in the Council packet. STAFF RECOMMENDATION Staff recommends that the Council table action until December 4, 2012 in order to allow the Church to have time to listen and talk with their neighbors in regards to the demolition requests. PAUL LUTHERAN CHURCH eoy SOUTH 5TH STREET SruL"vArsn.xxmssnao October 15, 2012 Dear Stillwater City Council, St. Paul Lutheran Church would like to have time to listen and talk to our neighbors in regards to the demolition requests. In order to do this, St. Pau Lutheran Church requests that the StiUwater City Council delay taking final action on our demolition requests before the City until we can complete these conversations. In order to prevent an issue with the State of Minnesota required review deadline, St. PauI Lutheran Church hereby extends the review deadline by an additional 60 days from the date of this letter. Additionally, St. Paul Lutheran Church asks that the City hold off on the preparation of a designation study and in consideration of delaying work on the designation study we hereby grant an additional 60 days to complete the local designation as set out in City Code Section 34-4." Sincerely, Kevin Urhammer Business Management St. Paul Lutheran Church 651-43e-5970 m/wW.sTpAvLLc.ons RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A DEMOLITION PERMIT CASE NO. DEM/2012 -30 WHEREAS, the City Staff has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a demolition permit for property located at 604 Fourth Street South; and WHEREAS, the City Council held a hearing on the 2nd day of October 2012 to give full consideration to all the evidence presented and due consideration. NOW, THEREFORE, BE IT RESOLVED, by the City Council the following: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to deny, a demolition permit for property located at 604 Fourth Street South, are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City Council on the 16th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: A request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South — HPC Case 2012 -30 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Hearing in the Council Chambers of City Hall at 7:00 p.m. on October 2, 2012 to consider a request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 604 Fourth Street South. At the Hearing held by the City Council, the City Council considered: a) a report to the City Council prepared by Michel Pogge, City Planner; b) all public testimony; c) written material previously submitted by the applicant St Paul Lutheran Church and their representatives; and d) the Planning file (HPC 2012 -30) prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. That the property at 604 Fourth Street South, legally described on Exhibit "A" with a County Parcel Number of 28.030.20.43.0069, is owned by St Paul Lutheran Church. 2. A report completed on the South Hill by Historians Thomas Zahn and Norene Roberts in 1996 lists the home as being built in 1890. Page 1 of 4 3. Chapter 34 of the Stillwater City Code outlines steps that must be followed before a structure built prior to January 1, 1946 can be demolished. 4. Said Chapter 34 of the Stillwater City Code are laws of general application and apply to all owners of property in the City of Stillwater. Additionally, said laws do not impinge upon the free exercise of religion and the church functions are not inhibited by the denial of a demolition permit since they can carry on their mission of the remainder of their property uninhibited. 5. City Staff reviewed the building on June 20, 2012 with the applicant. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated since the property "embodies the distinctive characteristics of an architectural style." Thus, as required by the demolition ordinance, the application was forwarded to the HPC for review and consideration. 6. The applicant submitted a demolition plan to the City on July 17, 2012. Said demolition plan was found to be complete by City Staff. 7. The Heritage Preservation Commission held an initial public hearing on the demolition request on August 6, 2012. The Commission heard from 6 individuals against the request at that meeting. After the Commission discussed the request, the public hearing was continued to September 6, 2012 in order that the applicant could complete and submit a master plan for their property. 8. At the September 6, 2012 Heritage Preservation Commission meeting, the commission heard from 5 individuals against the request (2 who did not speak at the August 6th meeting). After additional discussion on the request, reviewing all of the material submitted by the Applicant along with the new master plan, the Commission unanimously Page 2 of 4 denied the demolition application on the basis that the home is a historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that the there is an alternative to demolition. 9. In a letter dated September 11, 2012 and in accordance with State Statue 15.99, the City extended the 60 -day review period for an additional 60 days. The review deadline is November 14, 2012. 10. On October 2, 2012, the Stillwater City Council held a public hearing and reviewed the demolition request. Public testimony was received by the Council at the meeting on October 2, 2012. 11. Based on the staff report prepared dated September 25, 2012 by City Planner Michel Pogge, the Council found that the property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. 12. Additionally, at the October 2, 2012 meeting, the Council directed City Staff to prepare a designation study for the property as provided in Section 22 -7 Subdivision 4 of the City Code. CONCLUSION OF LAW 13. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. Page 3 of 4 14. The property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. ORDER IT IS HEREBY ORDERED 15. The demolition permit is denied. Adopted by a vote of the City Council this 16th day of October 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Exhibits: A. Legal Description B. City of Stillwater Planning File DEM 2012 -30 Page 4 of 4 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO THE DENIAL OF A DEMOLITION PERMIT CASE NO. DEM/2012 -31 WHEREAS, the City Staff has drafted Findings of Fact, Conclusions of Law and Order in support of the decision to deny a demolition permit for property located at 216 Willard Street West; and WHEREAS, the City Council held a hearing on the 2nd day of October 2012 to give full consideration to all the evidence presented and due consideration. NOW, THEREFORE, BE IT RESOLVED, by the City Council the following: 1. That the Findings of Fact, Conclusions of Law and Order attached hereto as Exhibit "A" regarding supporting the decision to deny, a demolition permit for property located at 216 Willard Street West, are hereby accepted and adopted. Adopted by affirmative vote of all the members of the City Council on the 16th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER BEFORE THE CITY COUNCIL In Re: A request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 216 Willard St W — HPC Case 2012 -31 FINDINGS OF FACT CONCLUSIONS AND ORDER The City Council convened a Hearing in the Council Chambers of City Hall at 7:00 p.m. on October 2, 2012 to consider a request from St Paul Lutheran Church, Kevin Urhammer, for the demolition of a single family home located at 216 Willard Street West. At the Hearing held by the City Council, the City Council considered: a) a report to the City Council prepared by Michel Pogge, City Planner; b) all public testimony; c) written material previously submitted by the applicant St Paul Lutheran Church and their representatives; and d) the Planning file (HPC 2012 -31) prepared by City Staff for the Application. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records and proceedings herein, the City Council makes the following: FINDINGS OF FACT 1. That the property at 216 Willard Street West, legally described on Exhibit "A" with a County Parcel Number of 28.030.20.43.0075, is owned by St Paul Lutheran Church. 2. A report completed on the South Hill by Historians Thomas Zahn and Norene Roberts in 1996 lists the home as being built in ca 1880. Page 1 of 4 3. Chapter 34 of the Stillwater City Code outlines steps that must be followed before a structure built prior to January 1, 1946 can be demolished. 4. Said Chapter 34 of the Stillwater City Code are laws of general application and apply to all owners of property in the City of Stillwater. Additionally, said laws do not impinge upon the free exercise of religion and the church functions are not inhibited by the denial of a demolition permit since they can carry on their mission of the remainder of their property uninhibited. 5. City Staff reviewed the building on June 20, 2012 with the applicant. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated since the property "contains or is associated with distinctive elements of city or neighborhood identity." Thus, as required by the demolition ordinance, the application was forwarded to the HPC for review and consideration. 6. The applicant submitted a demolition plan to the City on July 17, 2012. Said demolition plan was found to be complete by City Staff. 7. The Heritage Preservation Commission held an initial public hearing on the demolition request on August 6, 2012. The Commission heard from 6 individuals against the request at that meeting. After the Commission discussed the request, the public hearing was continued to September 6, 2012 in order that the applicant could complete and submit a master plan for their property. 8. At the September 6, 2012 Heritage Preservation Commission meeting, the commission heard from 5 individuals against the request (2 who did not speak at the August 6th meeting). After additional discussion on the request, reviewing all of the material submitted by the Applicant along with the new master plan, the Commission unanimously Page 2 of 4 denied the demolition application on the basis that the home is a historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that the there is an alternative to demolition. 9. In a letter dated September 11, 2012 and in accordance with State Statue 15.99, the City extended the 60 -day review period for an additional 60 days. The review deadline is November 14, 2012. 10. On October 2, 2012, the Stillwater City Council held a public hearing and reviewed the demolition request. Public testimony was received by the Council at the meeting on October 2, 2012. 11. Based on the staff report prepared dated September 25, 2012 by City Planner Michel Pogge, the Council found that the property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. 12. Additionally, at the October 2, 2012 meeting, the Council directed City Staff to prepare a designation study for the property as provided in Section 22 -7 Subdivision 4 of the City Code. CONCLUSION OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. Page 3 of 4 2. The property is historic resource on the basis that "the property is associated with significant events or with periods that exemplify broad patterns of cultural, political, economic or social history" and "the property contains or is associated with distinctive elements of city or neighborhood identity" and that there is a feasible alternative to demolition. ORDER IT IS HEREBY ORDERED 1. The demolition permit is denied. Adopted by a vote of the City Council this 16th day of October 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Exhibits: A. Legal Description B. City of Stillwater Planning File DEM 2012 -31 Page 4 of 4 Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: 10/10/2012 Re: Twinkle Parade Special Event I Administration The City has received a Special Event application from the Main Street Stillwater IBA for their annual Twinkle Parade on Saturday, December 1, 2012. They have requested permission to have fireworks and the permit application has been submitted and reviewed by the Fire Department. The Fire Department has approved the Display of Fireworks Permit conditioned upon final inspection and weather permitting. The Fire Chief would make that determination on the day of the event. Estimated City Costs: 6 barricades @ $2.00 each = $12.00 ACTION REQUIRED: If Council approves the event, they should pass a motion approving the event and the fireworks permit conditioned upon the determination of the Fire Chief. illwateiz THE BIRTHPLACE Or MINNESOTA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651- 430 -8800 Fax: 651 - 430 -8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title /Name of Even. --' 1 (A) A' a (4._ -TafJ-0 - Event Date /Time: Set up: Dates` fi -Q-C, )15- - Z012- Time 1300►"J to 3 Actual Event: Date 6 C • ( J j2 Time Q. (/U to 6 : 0L-) Clean up: Date % Ski— 0-e C • 4 Time .51 �U to `%,` ` (Events after 10:00 p.m. require a variance from City Council) y� Location (Address) of Event: E _ (JeISCNA - Lcc c� 1 ock 1-e- -Drivw - Skiv■ iacT'vi " (If in Lowell Park please specify north or south Lowell park) W — Dyck_ C— -- Ga Z - I2 *o —hra 4---' Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) For CiaCS� too "�- n.�Cl/L; l r 1' 0, k 'DO I C fh�J (- " i Co —1 C i v (-� of cuvu k--);,.td t`i-tv - --{'tQ I �cCc, .61- s <- - d - �'� " `fit IV '('1i Y1 kl L( R 1J n `f -- I' C� l Jk LQ,C ,-._9tiQ 'i r !t- G (,(._ a_ '1-1(1tiCt --)u o (-tom ( 1 a X' il'lz J --1- L d 4,4,K K Gq- e kk A sus i k ` � r Estimated Attendance (participants and spectators): d+ �jl:.) �1�/ '-- Applicant Information (Person /Group Responsible) Sponsoring Organization Name: W K - 5 E+ ) ( ) _- f --=d3 A — Mailing Address: 41,2s- 1 4 e j yi DOCk Ca 1 City, State, Zip Code: ____s_' ; ,) \ (0 a \z_)/- W -5 O r Z Primary Contact /Applicant Name: Nam C n(-4(6 ^, , J rDv Fax: Phone Number: ) 'T2)0- 3-7-Jo CeII Pho Phone: (i2 -7(0 - 6bs-z...)' Email Address: I ►`1� o�03 koo- 1 Website Address: 06)(KC a CJ) /A . Name of contact person during event• ()\ Cell Phone: (D 12,-) to_ 6,‘ ), tA.644 4e---C. - -E.,,.).(4 Alternate contact during event:' — ln rn U1 Cell Phone: ,Ci fir, , 377 U Refer media or citizens inquires to: 1 4 Phone: 6 ) 2 _-1 10- Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs /banners be put up No` L Yes ■ Number and size: Will there be any inflatables? No Yes • Insurance certificate from rental vendor is required `)p`1 MI Fees for electricity may Will there be entertainment? No • Yes `® What type: /� Ot,ctil DO C. see Instructions Will sound amplification be used? No • Yes Hours and Type: Will a stage ortent(s) be set up? No • Yes Dimensions: Will there be temporary fencing? No 1. Yes • How many Fees for electricity may Will merchandise /food items be sold? No Yes ■ vendors expected: apply see lnstructions Will food be prepared on site? No Yes ❑ Contact Washington County Health Department, 651- 430 -6655 Will cooking operations be conducted? No Yes ■ Contact Stillwater Fire Department, 351 -4950 Will alcohol be served but not sold? No" Yes • See Alcohol Regulations in the Instructions Will alcohol be sold? No /u Yes III See Alcohol Regulations in the Instructions ��1 Will there be a fireworks display? No III Yes? Permit required, contactStillwaterFire Department, 651- 351 -4950 Describe power needs and location of power source. ----1-7-- D-PY )5, 3A A. 1Y\ic 2ci 'hc e-3 17Cvt, %k.-ko "DacI Ckt Describe level of advertisem nt (ie, radio, flyers, ads, tv, press release). Attach sample if available CV6 - �.- (---e,_- . Ili 1 &) s-TOe -- C (5 QC/ 4 City Services (After reviewing the event application, City services may regaled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No • Yes Start /End Time: 3- 4 Date: 12-/1/12_ Fi,,1_ . j' City Sidewalks or Trails No ■ Yes MI Start /End Time: Date: Public Parking Lots or Spaces No" Yes ■ Start /End Time: Date: Fees may apply Will event need barricade(s)? No • Yes Number needed: — // (Q see Instructions Fees may apply Will extra picnic tables be needed? No °f`Yes • Number needed: see Instructions The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Still .6 er and is a release of Liability. • Signature of pplicant or Authorized Agent Date cl 12c 1(2- Will portable restrooms be needed? No Yes ■ Number needed: Fees may apply \ see Instructions Will extra trash receptacles be needed? No Yes II Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: VI ()3 k' k `ice D a a ox ID. 1 Q C __. Y1 BU Y' Co C GE ()Jr 6 Will event need traffic control? No • Yes • Contact Stillwater Police Department for assistance, 651- 351 -4900 Describe crowd control procedure to ensure the safety of participants and spectators: k(6_ lyw_gir r),e_e_d-0.49 a4 ( Fees may apply see Instructions Will No Parking Signs" be needed? No ■ Yes Number needed: b Show location(s) on site map \—,� Will event need security? No Yes • If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No ■ Yes l• Contact Lakeview EMS, 651- 430 -4621 Describe plans to provide first aid, if needed: CL C1 i Describe the emergency action plan if severe weather should arise: e_. 1 4.1(1" List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Still .6 er and is a release of Liability. • Signature of pplicant or Authorized Agent Date cl 12c 1(2- (Lt v (FOR USE BY LOCAL JURISDICTIONS) SAMPLE APPLICATION / PERMIT DISPLAY OF FIREWORKS/PYROTECHNIC SPECIAL EFFECTS Applicant instructions: 1. This application must be completed and returned at least 15 days prior to date of display. 2. Fee upon application is $ and must be made payable to Name of applicant (Sponsoring Organization): 'y1rA,'n. 6 +% ;111,00:1-e I ncie p e nc/e h f bC.fsl %1 es-75, ti ictkt_e Address of applicant: `d3 vvic,' .-F. (b,,,„ 14)1,3) Name of authorized agent of applicant: 11'� v e E KC?Vl Address of agent: J 31 6. 3 ;c2,0 3 i ctx %t / it7 Telephone number of agent: Gf2 2S/ 7l 7C Date of display:/ ` / Location of display: Y L0 Cv- 1/ 'q r j< Manner and place of storage of fireworks /pyrotechnic special effects prior to display: �. -�Q` /3 102 / a Time of display: .t,) % ,5 Aj 5 i p I Sk t Si 4- -F442 Ccc 1/10 Type & number of fireworks /pyrotechnic special effects to be discharged: / irewot15 OJ01/ h !a /i / crns�r f %+re- o,Ks LtlI -n <a &Q ),3 i)0Y1 Gier, ',,, 5ro(.14 ?ioC.oS ., 1 e to(,tri`''i'its G++/ MINNESOTA STATE LAW REQUIRES THAT THIS DISPLAY BE CONDUCTED UNDER THE DIRECT SUPERVISION OF A PYROTECHNIC OPERATOR CERTIFIED BY THE STATE FIRE MARSHAL. NAME, OF SUPERVISING OPERATOR: f yo Vr 1 3611 CERTIFICATE NO.: (i 6 6 S I understand and agree to comply with all provisions of this application and the requirements of the issuing authority, and will ensure that the fireworks /pyrotechnic eecial effects are discharged in a manner that will not endanger persons or property or constitute a nuisance. l/ "` Signature of applicant (or agent): Date of application: /69 Required attachments. The following attachments must be included with this application: 1. Proof of a bond or certificate of insurance in amount of at least $ (+ <3 /Mf iii 6 2. A diagram of the ground, or facilities (for indoor displays), at which the display will be held. This diagram (drawn to scale or with dimensions included) must show the point at which the fireworks /pyrotechnic special effects are to be discharged; the location of ground pieces; the location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained. For proximate audience (e.g. indoor) displays, the diagram must also show the fallout radius for each pyrotechnic device used during the display. 3. Names and ages of all assistants that will be participating in the display. The discharge of the listed fireworks on the date and at the location shown on this application is hereby approved, subject to the following conditions, if any: Li �'tisr�t ( v t-J.X faQ rw,< Signature o fire chief/ ounty sheriff: Date: 1 z Signature of issuing authority: Date: ✓)n +It (� 00 +kir Qopi� Who w;ll ))10 bo a/01/‘ 06 d\(;) Mil \I u,er (2/6) 8 45E 0 7 3,5- To see all the details that are visible on the screen, use the "Print' link next to the map. htip_ / /maps.google, corn / maps? h1= en &cp- 16 &gs_id= 14 &xhr= t &q =10l +water +st +s + still .__ 11/17/2011 AW o® CERTIFICATE OF LIABILITY INSURANCE 10!3/2012 D/YYY„) ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ryder Rosacker McCue & Huston (MGD by Hull & Co 509 W Koenig St Grand Island NE 68802 CONTACT NAME: (PAH/C No Ext):308 382 2330 FAX No): E -MAIL ADDRESS:ttowne @ryderinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :SCOTTSDALE INS CO 41297 INSURED Nightligher Fireworks, Inc. 83163 220th St. Hayward MN 56043 INSURER B : INSURER C : 6/1/2012 INSURER D : EACH OCCURRENCE INSURER E : DAMAGE TO RENTED PREMISES (Ea occurrence) INSURER F : MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: 1805771263 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CPS1571988 6/1/2012 5/1/2013 EACH OCCURRENCE 51,500,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 MED EXP (Any one person) $5,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2000,000 GEN'L X AGGREGATE POLICY LIMIT APPLIES PER: LOC $ AUTOMOBILE A LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Blanket Additional Insured applies to the entities listed below per attached form GLS -150s when required by written agreement. Display Date: 12/1/12 Location: Lowell Park Additional Insured: City of Stillwater CERTIFICATE HOLDER CANCELLATION Main Street Stillwater Independant Business Alliance 423 S Main Street Stillwater MN 55082 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ORDINANCE NO. 1052 AN ORDINANCE RELATING TO CRIMINAL BACKGROUND FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES The City Council of the City of Stillwater does ordain: 1 ADDING. That the Stillwater City Code shall be amended by adding a new Section 22- 12 that will read as follows: SECTION 22 -12 Background checks The Stillwater Police Department is hereby required, as the executive entity within the City, to do a criminal history background investigation on the applicants for employment and applicants for City Licenses within the City, unless the City Administrator concludes that a background investigation is not needed. Subd. 1. In conducting the criminal history background information, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the City Administrator, including the City Council. Subd. 2. Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. 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. 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 Memorandum Sttl Iwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: October 11, 2012 Re: Planning Commission Appointment On July 3, 2012, Scott Spisak resigned his position, and on August 13, 2012, Mike Rodriguez, recently appointed to the Planning Commission, resigned his position, both due to personal reasons. The vacancies were advertised in the Stillwater Gazette. Sean Hade applied and was interviewed. RECOMMENDATION: The Chair and Council Representative recommends that Sean Hade be appointed. No other applications have been received; staff will continue to advertise for the open position on the Commission. ACTION REQUIRED: If Council agrees with the above information, Council should pass a motion adopting a resolution appointing Sean Hade to the Planning Commission to fill the unexpired term of Scott Spisak ending May 1, 2014. /nm APPOINTING SEAN HADE TO THE PLANNING COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their October 16, 2012 regular City Council meeting hereby appointed Sean Hade to the Planning Commission as follows: Name Ward Term Term Ending Sean Hade 3 Fill Unexpired Term May 1, 2014 of Scott Spisak Adopted by Stillwater City Council this 16th day of October, 2012. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk TO: FROM: DATE: October 11, 2012 MEMORANDUM Mayor and City Council Shawn Sande director of Public Works RE: DISCUSSION Feasibility Study for 2013 Street Improvement Project (Project No. 2013 -02) Engineering staff would like to proceed with the 2013 Street Improvement Project. Authorization of a feasibility study is the first step in the process. It is proposed that the following streets be considered for the 2013 Street Improvement Project: Street Name Pine Street (Greeley to Broadway) William Street (Pine to Willard) Martha Street (Pine to Willard) Myrtle Street (Third Street to Main Street) Churchill Street (Greeley to Third Street) Orleans Street( County Road 5 to Curve Crest Boulevard) Anticipated Construction Method Pavement reconstruct and mill and overlay Pavement reconstruct Pavement reconstruct Pavement mill and overlay Pavement mill and overlay Pavement mill and overlay As part of the feasibility study pavement conditions and subsurface soils will be analyzed along with curb and gutter, sidewalk and utilities. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for streets, sidewalks and utilities for the streets listed above for the 2013 Street Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2012- , RESOLUTION ORDERING PREPARATION OF REPORT FOR 2013 STREET IMPROVEMENTS (Project 2013 -02). RESOLUTION ORDERING PREPARATION OF REPORT FOR 2013 STREET IMPROVEMENTS (PROJECT 2013 -02) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 16th day of October 2012. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE OFFICE BUILDING 324 MAN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAx: (651) 439 -5641 www.MAGNusoNLAwFam.com DAVID T. MAGNUSON JOHN D. MAGNUSON DTMAGNusoN@MAGNusoNLAwFiRm.com MAGNUSONLAwFIRM.coM JDMAGNUSON @MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: October 8, 2012 RE: Interest Rate Re -Set Tax Increment Revenue Bonds Series 2002 — Curve Crest Villas The 2002 Tax Increment Revenue Bonds sold for the Curve Crest Villas Project had a mandatory call date of August 1, 2012. Because of market conditions, there appears to be no market for a restructured Bond which would be needed to refund both of these existing Bonds; one held by Bank Plus and the other by Lake Elmo Bank. Accordingly, the Marketing Agent has asked, and the bond holders have accepted, a proposal to reduce the interest rate to six percent (6 %) per annum. Also, these Bonds are "conduit" bonds and the City is not obligated to repay. The full faith and credit of the City is not pledged to the repayment of these obligations. I will be happy to answer any questions about this. Respectfully, David T. agnuson Stillwater ity Attorney DTM /dq Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the 16th day of October, 2012, at 7:00 p.m. The following members were present: Council members Polehna, Roush, Cook, Menikheim and Mayor Harycki, and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION RESETTING THE INTEREST RATE OF TWO TAXABLE TAX INCREMENT REVENUE NOTES (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $445,000 EACH The Motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon on the following votes in favor thereof: All, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. CITY OF STILLWATER, MINNESOTA RESOLUTION NO. 2012- RESOLUTION RE- SETTING THE INTEREST RATE OF TWO TAXABLE TAX INCREMENT REVENUE NOTES (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $445,000 EACH BE IT RESOLVED BY the City Council ( "Council ") of the City of Stillwater, Minnesota (the "City ") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District ") pursuant to Minnesota Statutes, Sections 469.124- 469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 9 (the "TIF District "), pursuant to Minnesota Statutes, Sections 469.174- 469.179, as amended (the "Tax Increment Act "), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Development District. Pursuant to Minnesota Statutes, Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby found and determined that it was in the best interests of the City that it issue and sell two Taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002 in the original principal amount of $445,000 each (collectively, the "Note "), for the purpose of financing certain capital and administration costs of the Development District. 1.02. Issuance, Sale, and Terms of the Note. The Note was issued in accordance with that certain Contract For Private Development between the City and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer ") dated June 4, 2002 (the "Agreement "). The Developer has retained Dougherty & Company LLC (the "Placement Agent ") to arrange the sale of the Note. The City hereby authorizes issuance of the Note in accordance with terms set forth in this Resolution to the purchaser designated by Placement Agent, at a price of par. The Note was dated as of the date of delivery thereof to bear interest at the rate of 7% per annum to maturity and the purpose of this Resolution is to re -set the Interest rate to 6% per annum effective August 1st, 2012 to maturity, subject to adjustment on each Purchase Date, as set forth in the form of the Note. The Note as amended shall be payable in semi - annual installments of principal and interest in the amounts and on the dates (the "Payment Dates ") set forth in the form of the amended Note attached to this Resolution. 2 Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in as of the date of issue: (The remainder of this page is intentionally left blank.) 3 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No. R- $445,000 CITY OF STILLWATER, MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002 Date of Original Interest Rate Maturity Date Issue 6% February 1, 2029 June , 2002, interest re -set to 6% effective August 1st, 2012 Registered Owner: The City of Stillwater, Minnesota (the "City "), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner "), but solely from one -half of the Available Tax Increment (defined below) the principal sum of $445,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date of Original Issue set forth above, to but not including, February 1, 2029, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2003 and each August 1 and February 1 thereafter (the "Payment Dates "). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 6 of this Note. In the event one -half of the Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, one -half of the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section 8 hereof; or (c) February 1, 2029. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are 4 payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par in accordance with the terms of the Remarketing Agreement, dated as of June 1, 2002 (the "Remarketing Agreement "), between, the City, the Developer, and Dougherty & Company LLC (the "Remarketing Agent" and the "Tender Agent "). 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from one -half of the Available Tax Increment, as defined in the Contract For Private Development, dated as of June 4, 2002 (the "Agreement ") between the City and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer "), the term "Available Tax increment" means, on each Payment Date, 90% of the Tax Increment derived from the Development Property (as defined in the Agreement and hereinafter referred to as "Tax Increment "), and received by the City in the six months preceding the Payment Date. In the case of certain Events of Default under Section 9.1 of the Agreement, the City may suspend or terminate its obligation to pay Available Tax Increment in accordance with Section 9.2 of the Agreement, which is incorporated herein by reference. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than one -half of the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of one -half of the Available Tax Increment and capitalized interest. If on any Payment Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to make the payment due on that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on any subsequent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that one -half of the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2017, August 1, 2022 and August 1, 2027 (collectively the "Purchase Date "). The purchase price of this Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price "). 5 The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGISTERED OWNER OF THIS NOTE TO DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DATE, THE REGISTERED OWNER SHALL NOT BE ENTITLED TO PAYMENT OF INTEREST TO ACCRUE SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGISTERED OWNER OF THIS NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the terms of the Remarketing Agreement and from one -half of the Available Tax Increment. 5. Mandatory Redemption of Note. This Note maturing on February 1, 2029, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: (The remainder of this page is intentionally left blank.) 6 Redemption Date Principal Amount Redemption Date Principal Amount February 1, 2013 7,500 August 1, 2021 10,000 August 1, 2013 5,000 February 1, 2022 12,500 February 1, 2014 7,500 August 1, 2022 12,500 August 1, 2014 7,500 February 1, 2023 12,500 February 1, 2015 7,500 August 1, 2023 12,500 August 1, 2015 7,500 February 1, 2024 12,500 February 1, 2016 7,500 August 1, 2024 12,500 August 1, 2016 7,500 February 1, 2025 15,000 February 1, 2017 7,500 August 1, 2025 15,000 August 1, 2017 7,500 February 1, 2026 15,000 February 1, 2018 10,000 August 1, 2026 15,000 August 1, 2018 7,500 February 1, 2027 17,500 February 1, 2019 10,000 August 1, 2027 17,500 August 1, 2019 10,000 February 1, 2028 17,500 February 1, 2020 10,000 August 1, 2028 17,500 August 1, 2020 10,000 February 1, 2029* 20,000 February 1, 2021 10,000 *Maturity 6. Optional Redemption of Note. This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100 %) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date from one -half of the Available Tax Increment in excess of one -half of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) from the proceeds of any refunding obligation of the City. 7. Termination. Except as otherwise provided in Section 9.2 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 8. Nature of Obligation. This Note is one of an issue in the total principal amount of $890,000 issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing resolution (the "Resolution ") duly adopted by the City on June 4, 2002 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of 7 Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of one -half of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt front registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) 8 IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Original Issue specified above. City Clerk Mayor AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Siw nature of City Clerk Tax I.D. No. , Minnesota (The remainder of this page is intentionally left blank.) 9 Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Notes were issued as two (2) typewritten notes numbered R -1 and R -2 in the amount of $445,000 each with the principle amount on August 20, 2012 of $375,000 each. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall he payable by check or draft issued by the Registrar described herein; provided that interest on the Note to be paid from capitalized interest shall be payable by check or draft issued by the Remarketing Agent. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk to perform the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and 10 effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Amendments. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution (the "Resolution ") as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this Resolution, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rate on the Note, the terms of redemption of the Note, and variation from City policies regarding methods of offering tax increment notes) as the Mayor (the Mayor ") and the City Clerk (the "City Clerk "), in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note by the City shall be conclusive evidence of such determination. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note certificates need not be signed by the same representative. The executed certificate of authentication on each Note shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Note has been so executed and authenticated, it shall be delivered by the City Clerk to the Owner upon 11 payment of the purchase price therefore, and the Owner shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be deposited in the Debt Service Fund in accordance with Section 4.03 hereof and applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this Resolution. 4.02. Debt Service Fund. So long as the Note is outstanding and any principal thereof or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment Revenue Note (Curve Crest Villa Limited Partnership Project) Series 2002 Debt Service Fund (the 'Debt Service Fund ") to be used for no purpose other than the payment of the principal of and interest on the Note. Available Tax Increment pledged pursuant to Section 4.01 of this Resolution; all funds remaining in the Project Fund after disbursements in accordance with Section 4.02 of this Resolution; and all investment earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of and interest on the Note. The City shall deposit "Excess Available Tax Increment" into the Debt Service Fund prior to the first permitted Optional Redemption Date. The term "Excess Available Tax Increment" means any amount of Available Tax Increment in excess of the amount needed to make the payment due on a Payment Date and which amount is on deposit in the Debt Service Fund on the business day after a Payment Date. On each Payment Date if funds on deposit in the Debt Service Fund are in a minimum amount of $20,000, the City shall prepay the Note on a pro rata basis in the amount of excess funds on deposit in the Debt Service Fund on such Payment Date. 4.03. Investment of Funds. All amounts held in the Escrow Fund, the Project Fund and Debt Service Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Registered Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 6. Continuing Disclosure. The continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule ") do not apply to the Note, because the offering is exempt from such requirements under Section 15c2- 12(d)(1)(i). Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Note. 12 Section 7. Effective Date. This Resolution shall take effect and be in force from and after its approval and publication. (The remainder of this page is intentionally left blank.) 13 Adopted this 16th day of October, 2012. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor 14 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified City Clerk of the City Council of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicted, insofar as such minutes relate to the authorization of the issuance of two Taxable Tax Increment Revenue Notes in the original aggregate principal amount of $445,000 each (Curve Crest Village Project). WITNESS my hand this 16th day of October, 2012. Diane F. Ward, City Clerk MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • FAX: (651) 439 -5641 W W W.MAGNUSONLAW FIRM. COM DAVID T. MAGNUSON JOHN D. MAGNUSON DTMAGNUSON @MAGNUSONLAWFIRM.COM JDMAGNUSON @MAGNUSONLAWFIRM.COM MEMORANDUM TO: Mayor and City Council FROM: David T. Magnuson DATE: October 12, 2012 RE: Annexation By Ordinance The boundary of Highway 36 is for the most part, on an East West alignment, but for some reason, the intersection of Highway 36 and Greeley Street remains in the Town of Stillwater. This was brought to our attention by MnDot, who believes it would be more efficient to have this small parcel in the City of Stillwater. Stillwater Township also thinks it would be a good idea. Since the parcel is less than 40 acres, and is more than 60% surrounded by the City, that parcel may be annexed by ordinance provided we give notice to the Town at least 90 days before the ordinance is adopted. We ask that the council consider authorizing the mailing of the Notice. Respectfully, Davi '' Magnuson Still .t .r City Attorney DTM/bas NOTICE OF INTENTION TO ANNEX LAND BY ORDINANCE TO THE HONORABLE MEMBERS OF THE TOWN BOARD OF THE TOWN OF STILLWATER AND THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA: PLEASE TAKE NOTICE, that the City of Stillwater intends to annex the land described on Exhibit "A" attached hereto and made a part hereof by this reference. The City of Stillwater intends to annex the land by ordinance under the provisions of Section 414.033, Subdivision 3, of the Minnesota Statutes, as amended. 1 The name and address of the owner of the tract of land is unknown_ The map annexed hereto and made a part hereof as Exhibit "B" shows the boundaries of the tract of land and indicates its location with respect to the present municipal boundaries of the City of Stillwater. 2. The land described in Exhibit "A" (hereinafter referred to as the "land subject to annexation ") contains an area of 2.86 acres, more or less. The perimeter of the land subject to annexation is 67.6 bordered by the City of Stillwater_ Dated: October , 2012. BY ORDER OF THE CITY COUNCIL: Diane Ward, City Clerk 7" = 200' N i ' a 177,8- t R , uxi I I 2 14'50 1002-191-2— a= 2 0) SEE MAP PAGE 81 Point of dIFERSE nDY0Er'HEEdaHE N.111111.111, of 11,E.4oat Asa c0 Ei 1rlCEHmEnI+• rW n 1 749 CEOE OC 1EOOROM, ar*EEr 072E e ss Ao.M oF urrErancTKA1 eEmfEH THE 14RIH uK OF VW SOUTH 302.7 Er - rHECENFERUKw ly r*A E4LEDnaao --n H En et 4940 i>. gA PARS OF DOC'ITi66 1 MW PARCEL 32 CS 6214[36.15005 1 _ -'44eYF4cCEL 894 +vx.F STILLWATER TOWNSHIP HiAHO.CECCpoED co — 1 rf s o STILLWATER TW P r ) 60TH 91 PAGE 1815 1875 ROAD FASEEIEH7 PER DOC Ho 603649 ra 1 x,31 — .,« 2 SHELTON 812 17 8Z n,D 190.3_,.. SI DRAWACE 6 VIlFS• MAT DOCaOq®0- 004]6$ 1 60Ery0 141'00 DOC 023325 HWY PARCEL 31 FrAIY ESMi3 Bx 231 DEEDS PG 373 A 9K 266 DEEDS PG 435 STREET NORTH OUT OF CITY DOC 30D8619 •b Flwy PARCEL 29 Cs 6Y$4(96 ,15003 - 14200 m Wan MCC 5113.M Fl EAST d CA. CIF cnEE LEY Oi t4 C4. WESTBOWVq LANE Cl El Y1801.JDLAIIE GIT OF STILLWATER Capyrigh[ 0 2000 Clry of Slill,va[ur 07/27/06 THE BIRTHPLACE OF MINNESOTA Memo To: Mayor and City Council From: Tim Moore, Public Works Superintendent Date: September 27, 2012 Re: Municipal Swimming Pool DISCUSSION At their September 24, 2012 Parks and Recreation Commission meeting the commission was given a presentation by Jim Maland from Stantec on developing a pool or water park. It has been found to be more cost effective to develop a Family Aquatic Center rather than a pool because you can draw from a wider spectrum of customers. This can generate revenues from 70% to 120% of operating costs vs. a simple pool that will generate approximately 40% of operating costs. Mr. Maland looked at the current population of Stillwater and estimated that a Family Aquatic Center could be constructed that would handle about 550 to 1475 people at any given time. Looking at a medium sized Aquatic Center that could handle 700 people would require form 6 -9 acres of land and would cost in the range of $7 to $12 million dollars to construct. The debt service for a facility in this price range would be: $470,487.93 on $7,000,000.00, $672,125.61 on $10,000,000.00 and $806,550.73 on $12,000,000.00 for a 25 year term with an interest rate of 4 %. These figures are for construction of an Aquatic Center and do not take into account operating costs or staffing. Apple Valley operates a Family Aquatic Center that handles 1400 -1500 customers. Their goal is to operate every year and recoup their operating costs. In 2010 Apple Valley adopted a Budget of $622,000.00; actual cost to operate for that year was $555,000.00 with revenue of $612,000.00. Another consideration is staffing, with a mid size aquatic center the facility would need 10 -15 lifeguards on duty. In 2010 Apple Valley operated with 20 lifeguards on duty and a total personnel Budget of $304,000.00. RECOMMENDATION After discussion of the presentation, the Parks and Recreation Commission passed a resolution advising council that based on the area needed and the cost required to construct a Family Aquatic Center, the Commission recommends that the City not pursue the development of a Community Pool or Family Aquatic Center at this Time . 0 0 0 J) E 0 Bather Load Capac Stillwater Outdoor Pool September 2012 18,464 (2011 Estimate) 0 A- D 4 cr) d � C E 0 CD rin 00 a 4- • w w c - _ - -• o 7C5 - Ci fu co 0 0 0 • L Q 1J 1i d.] (J7 t1▪ 1 c▪ o r▪ o on on on 0 4(1) O Q O o0 V �� �N- 2 2 0 cu 00 ma 0 co c N_ co .. Vas co- fl -Po ca O E o L a)Jo .� Q'-2 ca IP D o ru m C cacm>, 2 s_ CO _ CO J 0 _C = -1—,,,, CL cu 0 ..• O co ri w 2 Capital Cost Range $12M - $20M $7M - $12M EA- LO C6 (1) Cost Recovery (% 0 Cpl r 90 -120 75 -85 Required Acreage Ico L{7 n Bather Load 1 400 -2500 I 0 0 0 0 co 300 -800 Facility Type Large Aquatic Center Medium Aquatic Center Small Aquatic Center One Team. Infinite Solutions. Performance Examples of Financia ❑ ❑ F r O 0 0 0 0 0 O 0 0 0 0 O 0 0 0 0 O 0 0 0 0 O 0 0 0 0 O CO CO d- N ORDINANCE NO.: AN ORDINANCE AMENDING CHAPTER 43 OF THE CITY CODE "LIQUOR" THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. A new Section 43 -9 (6) is added to the City Code that will hereafter read as follows: (6) "Habitually permits unlawful conduct to occur in or upon the licensed premises. (6) (a) Definitions as used in this Section: 1. Unlawful conduct means: a) disorderly conduct, b) assault, c) noise violation, d) outside music violation, e) 911 violation, f} unlawful assembly, g) trespass, and h) remaining open for business for 90 days or more while on the Minnesota Department of Revenue's posted list of Sales Tax Delinquent Liquor Establishments. 2. Licensed premises means not only the interior of the licensed premises, but the yard space, sidewalk and street adjacent thereto. 3. Habitual means more than six (6) separate instances of unlawful conduct have occurred on the licenses premises within a calendar year." 2. Saving. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater this day of 2012. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED MODIFICATION OF THE TAX INCREMENT FINANCING PLAN DISTRICT NO. 4 BE IT RESOLVED by the City Council (the "Council ") of the City of Stillwater, Minnesota (the "City "), as follows: Section 1. Public Hearing. This Council will meet on December 4, 2012, at approximately 4:30 p.m., to hold a public hearing on the proposed enlargement of and proposed adoption of a Modification to the Development Program for Development District No. 1, all pursuant to Minnesota Statutes Section 469.124 to 469.134, inclusive, as amended, the proposed Modification of the Financing Plan of Tax Increment Financing District No. 4 (a "Redevelopment District "), all pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.179, inclusive, as amended. Section 2. Notice of Hearing; Filing of Program Modification and Plan. The City Attorney is authorized and directed to prepare a Modification to the Development Program for Development District No. 1 and a Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 4 and to forward documents to the appropriate taxing jurisdictions, including Washington County and Independent School District No. 834. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10 nor more than 30 days prior to December 4, 2012, and to place a copy of the Program Modification and Plan on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: Ken Harycki, Mayor Attest: Larry D. Hansen, City Administrator STILLWATER PUBLIC LIBRARY 224 Third Street North Stillwater, MN 55082 651 - 275 -4338 Fax: 651- 275 -4342 www.stillwaterlibraty.org VACANCY ON THE BOARD OF TRUSTEES The Stillwater Public Library is seeking concerned citizens with library interest to fill a vacancy on the Library Board. The Board of Trustees is the policy making body for the library. According to City ordinance, Trustees must be residents of the City of Stillwater. Meetings are held the second Tuesday of every month at 7:00 p.m. Applications forms are available at: City Hall 216 Fourth Street North Stillwater, MN 55082 651- 430 -8800 OR Stillwater Public Library 224 Third Street North Stillwater, MN 55082 651 -275 -4338 Applications must be returned to either City Hall or the Library by 4:30 p.m. on this date: November 9, 2012 If further information is required please contact Lynne Bertalmio, Library Director at 651- 275 -4338, ext. 118. Apply Now to Be a Leader in Helping Your Community Applications are now being accepted for ONE opening on the Planning Commission. This is a volunteer position, appointed by the City Council, and meet monthly usually in the evenings. Planning • The Planning Commission acts as the City's planning agency, It conducts public hearings on applications for special use permits, conditional use permits, variances to the zoning ordinance, subdivision and other areas that are covered by the City's Zoning Ordinance. The CPC consists of 9 members that serve for a period of 3 years, and meets the 2nd Monday of each month. Why Volunteer? Citizen involvement improves the quality and responsiveness of public decision - making. Serving as a member of a board or commission offers an excellent opportunity to become actively involved in your city government. The City of Stillwater welcomes its citizens to share their talents and perspectives by serving on an advisory board or commission. In exchange for your commitment of both time and effort, these committees influence the policies, actions and progress of our community. Criteria for evaluation includes, but are not limited to: personal and professional experience relating to the subject area of the board; knowledge of the community; knowledge of city government; and experience from similar appointments. Application deadline is October 1st. HERE'S YOUR CHANCE TO MAKE A DIFFERENCE. Now put your call into action: Visit our website at www.ci.stillwater.mn.us for more information or call 430 -8800. Applications are also available at the City Hall. Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, October 9, 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. Board adopts 2013 legislative position statements The Washington County Board of Commissioners approved a series of positions statements on state legislative issues at its meeting Oct. 9. Each year, the Washington County Board adopts position statements in advance of the legislative session on state issues that impact Washington County. The proposed legislative agenda includes items related to local property taxpayer protection, the Gateway Corridor and metropolitan area transit governance, a crossing at Manning Avenue for the Brown's Creek Trail, and regional parks funding from the state Legacy Amendment. After adoption of the legislative agenda, the County Board will meet with the county's legislative delegation prior to or near the beginning of the 2013 legislative session. The Legislature will convene Tuesday, Jan. 8, 2013. County will receive Board of Water and Soil Resources grants for conservation programs Washington County will receive a grant from the Minnesota Board of Water and Soil Resources to use for water resource protection programs after the County Board accepted the grant Oct. 9. The Natural Resources Block Grant (NRBG) is a composite of grants available to counties to assist in the implementation of programs to protect and improve water resources. To be eligible for the NRBG, a county must have a comprehensive local water management plan and submit an annual report. The county is responsible for providing a financial match. The $92,102 will be used for local water management, wetland and shoreland conservation, and subsurface sewage treatment upgrades. City of Stillwater will contribute $60,000 to CSAH 23 project The City of Stillwater will provide $60,000 in cost sharing for the County State Aid Highway (CSAH) 23 project currently underway in Stillwater from Highway 95 (Main Street) to Orleans Street. The Washington County Board of Commissioners approved the agreement with the city Oct. 9. The CSAH 23 project consists of pavement milling and replacement, curb and gutter, storm sewer, sidewalks, and pedestrian ramps on CSAH 23 from Trunk Highway 95 (Main Street) to Orleans Street. The county has worked with the city to develop construction plans and draft the cooperative cost share agreement for the CSAH 23 project. Page 1 of 3 Metropolitan Council grant will help pay for land to add to Big Marine Park Reserve Washington County will receive reimbursement from the Metropolitan Council to purchase property added to the Big Marine Park Reserve in the northern portion of the county. The County Board approved the agreement with the Metropolitan Council Oct. 9. The Metropolitan Council will reimburse the county's Land and Water Legacy Program for 75 percent of the cost to purchase the Knauff parcel in Scandia for inclusion in the Big Marine Park Reserve. The purchase of the Knauff parcel was approved by the County Board May 15 for approximately $439,400. The Metropolitan Council will reimburse the county up to $329,550. As part of the agreement, the county must enter into restrictive covenants on the acquired properties, saying the property cannot be sold, encumbered, or conveyed in any way without the written approval of the Metropolitan Council, and a permanent easement is established for future regional wastewater conveyance corridors on the property. 3 parks projects will be paid for with help Metropolitan Council from grants The Hardwood Creek Regional Trail, St. Croix Bluffs Regional Park, and Lake Elmo Park Reserve will all receive improvements paid for with funds from the Metropolitan Council, which the Washington County Board of Commissioners accepted Oct. 9. The grants will help pay for work: • on the Hardwood Creek Regional Trail. This project involves the extension, construction and repair of the bituminous surface of the Hardwood Creek Regional Trail, and extends the trail south to 140th Street, along the Regional Rail Authority Corridor. The trail is 10 miles long and experiences heavy use. Cracks and potholes have begun to appear in many areas along the trail corridor. The project will use a variety of techniques to improve the usability of the trail, including the addition of amenities such as landscaping, benches, kiosks, and signage. A Metropolitan Council grant of $794,000 from the state parks and trails fund from the state sales tax will pay for the project, along with $612,000 from a federal grant that together will pay for the $1.4 million project. • at St. Croix Bluffs Regional Park. The project will include installing vault toilets in place of the portable restrooms currently rented to supplement the shower building amenities. The shower buildings are, in turn, part of a project that installed a new shower building and dump station at the park. Also, a proposed shelter will provide a meeting place for campers during their stay for both programming and informal gatherings. A Metropolitan Council grant for $200,000 will pay for the project, which are funds from the state parks and trails fund and state bonds. • at Lake Elmo Park Reserve. This project provides for the continued improvement and expansion of the existing parking and trail connections in the park. This includes developing a plan for improved pedestrian and vehicle access, as well as constructing new parking, access drives, trails, sidewalks, lighting, landscaping, and stormwater management features. A Metropolitan Council grant for $324,000 will pay for the project, and are funds from the state parks and trails fund and state bonds. Arnt Construction Company, Inc., will construct parking lot at Lake Elmo park Nordic Center Arnt Construction Company, Inc., will construct the parking lot at the Nordic Center at Lake Elmo Park Reserve, which was completed last fall. The Washington County Board of Commissioners approved the $434,793 contract with the company Oct. 9. This project is to construct the Nordic Center parking area and trail connections in the park. The bid is for a new parking lot for the Nordic Center, including an access drive from the entrance road to the new lot. Page 2 of 3 This project is funded by a combination of state bonds and voter approved Clean Water, Land and Legacy Amendment grants from the Parks and Trails Fund. County supports issuance of permits for new St. Croix River Crossing The Washington County Board of Commissioners approved a letter Oct. 9 in support of the state Department of Natural Resources issuing the necessary permits for a new St. Croix River Crossing. The letter reads, in part, "The Washington County Board of Commissioners has strongly supported the construction of this new river crossing for decades, and our support today remains strong. We applaud the involvement of the Minnesota Department of Natural Resources (DNR) in the project to date, including participation in the stakeholder group that ultimately chose the location and design of the bridge. "We support the MnDOT plans to protect the river during construction. Their performance during the bridge pier testing project underway this past summer shows a strong commitment to protecting the environment during all phases of project construction. Additionally, the project itself will improve water quality in the region by reducing phosphorus runoff into the St. Croix River to 20 percent less than current levels." Sheriff's Office will continue partnership with Bureau of Criminal Apprehension The Washington County Board of Commissioners approved a renewal of the Sheriffs Office joint powers agreement with the Minnesota Bureau of Criminal Apprehension — Minnesota Internet Crimes Against Children (MICAC) Task Force Oct. 9. This agreement provides investigative and computer forensic support, as well as Internet investigation training for MICAC affiliates and other agencies throughout Minnesota. It provides for use of tools available over the State's Criminal Justice Data Communications Network, for which the county is eligible. This agreement extends to May 31, 2013. Borash reappointed to Valley Branch Watershed District Board of Managers Dale Borash, West Lakeland Township, was reappointed to the Valley Branch Watershed District Board of Managers by the Washington County Board of Commissioners Oct. 9. Borash will serve a term expiring Nov. 13, 2015. Commissioner Gary Kriesel, District 3, recommended the appointment. 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. Page 3 of 3 Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, October 2, 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. Library will add Monday hours in 2013, with pilot program to open Stafford on Sunday The Washington County Board of Commissioners authorized new 2013 library hours at its Oct. 2 meeting, in preparation for approval of the 2013 budget. Budget reductions in 2012 closed all Washington County Library branches Sunday and Monday. The plan for 2013 is to open the R.H. Stafford, Cottage Grove, Oakdale, Wildwood and Hardwood Creek libraries Monday from 9:30 a.m. to 8 p.m., and to open the Valley branch Monday from 10 a.m. to 2 p.m. The plan also includes a pilot program to open the R.H. Stafford branch in Woodbury from 1 to 5 p.m. Sunday, starting Jan. 1, 2013, with the exception of the summer months between Memorial Day and Labor Day. County will sell computers to Stillwater Public Library Washington County will sell 46 used desktop computers to the Stillwater Public Library, after the Washington County Board of Commissioners approved the sale Oct. 2. The computers being sold is equipment the county would otherwise dispose of. Washington County currently uses these late model computers in its county libraries for public terminals. The older models meet the needs of these public users and if an older model breaks down, it is replaced with another older model, not repaired. Any of the older computers not used for public terminals in the public libraries are disposed of. The Stillwater Library would purchase the computers to replace its public computers that are no longer repairable. Sheriff's Office gains grant to work Toward Zero Deaths The Washington County Board of Commissioners agreed to accept a Toward Zero Deaths grant from the Minnesota Department of Public Safety for $269,060 on behalf of the Washington County Sheriffs Office. The grant dollars will be used to reimburse overtime costs associated with assisting the Minnesota Department of Public Safety in its coordinated patrol saturations as part of the Toward Zero Deaths Enforcement Program. The overtime cost will cover work of the Washington County Sheriffs Office and the police departments of Stillwater, Bayport, Woodbury, Forest Lake, Oak Park Heights, Cottage Grove, and St. Paul Park. The Washington County Sheriffs Office will act as the fiscal agent for this grant, which runs from Oct. 1, 2012, through Sept. 30, 2014. Page 1 of 1 Summary of Proceedings Washington County Board of Commissioners October 2, 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; and she attended a couple of Woodbury events last week including the Woodbury Business Classic and a networking luncheon with the Chamber of Commerce; - Commissioner Lehrke — reported she attended the Solid Waste Management Coordinating board; she attended the Metropolitan Library Service Agency meeting; she attended a public safety city hall bridge ribbon cutting ceremony; she attended the Denmark Township Historical Society Save our School event; she met with staff to look at the Newport redevelopment area; she attended the Grant Evaluation and Ranking System Committee meeting; and she attended the Resource Recovery Project budget meeting; - Commissioner Pulkrabek — thanked county staff for responding quickly and professionally to his constituents questions and requests; he also thanked the Cities of Woodbury and Oakdale for doing the same; - Commissioner Kriesel — reported that he and Commissioner Hegberg met with a former member of the Carnelian- Marine -St. Croix Watershed District Board of Managers; he attended the Mosquito Control meeting; he spent three intense days as a participant helping School District 834 craft their strategic plan; and he asked that a letter be sent to the Minnesota Department of Natural Resources supporting permits necessary for construction of the St. Croix River Crossing; - Commissioner Hegberg — reported he toured the City of Hugo to view its economic development and growth. General Administration Approval of the following actions: - September 11, 2012, Board meeting minutes; - Recognition for Accounting and Finance Director Harley Will who recently earned the designation of Certified Public Finance Officer from the Government Finance Office Association; - Report on the pharmaceutical collection held this past Saturday at the Government Center which collected over 130 pounds; - Discussion on withdrawal from the Counties Transit Improvement Board and to rescind the quarter cent sales tax postponed indefinitely until after the election and a meeting with the county legislative delegation; - Board correspondence was received and placed on file; - Board workshop held to review the next steps following the July 19, 2012 planning session with department heads. Information Technology Approval of the sale of 46 desktop computers (Dell, Model 740) to the Stillwater Library for the amount of $30.00 each. Library Resolution No. 2012 -126, library service schedule for 2013. Public Health and Environment Adoption of Resolution No. 2012 -124 certification of unpaid County Environmental Charges. Sheriff's Office Adoption of Resolution No. 2012 -125, Minnesota Department of Public Safety Grant for Toward Zero Deaths Enforcement Program. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 25, 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 with CliftonLarsonAllen for independent annual audit services for the years ending December 31, 2012, 2013, and 2014. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: - Commissioner Kriesel — reported he attended the Gateway Corridor Policy Advisory Committee meeting which recommended Bus Rapid Transit Option 3 to the Gateway Corridor Commission; he attended an Andersen Advisory Committee quarterly meeting; he met with Lake Elmo staff regarding traffic and speed limit concerns along Lake Elmo Avenue; he attended the Lower Valley Alliance meeting; he attended the Library Board meeting; he asked that the Chair, County Administrator and staff begin work on the issue of the Resource Recovery Facility; and he will be attending the Basic Political Operating Unit meeting on Thursday September 27 in Woodbury; - Commissioner Weik — reported she attended the Public Health Emergency Preparedness Advisory Committee meeting; she attended the Library Board meeting; she attended the Counties Transit Improvement Board meeting; and she noted that the Met Council will hold a listening session at the Government Center on Thursday, September 27 at 6:00 p.m. on Thrive MSP 2040; - Commissioner Pulkrabek — requested that the Board vote on membership to the Counties Transit Improvement Board be placed on next week's agenda; the Board Chair stated he would take that request under advisement; - Commissioner Lehrke — reported she attended a National Association of Counties Membership meeting; she attended the Board of Equalization and Appeal training; she attended the Newport City Council meeting; and she met with Bob Andrews of Hill Road to talk about the intersection in Woodbury; - Commissioner Hegberg — reported he attended the Housing and Redevelopment Authority meeting where they discussed Landfall and the Newport Transit Facility redevelopment; he attended the Counties Transit Improvement Board meeting; he attended the Transportation Advisory Board meeting; he attended the Metropolitan Area Agency on Aging meeting; and he attended the Community Action Program. Community Services Overview presented on upcoming Veterans Job Fair scheduled for September 27, 10:00 a.m. at the Oakdale Prom Center. General Administration Approval of the following actions: - Change the general county business hours to 8:00 a.m. to 4:30 p.m. Monday through Friday, effective Tuesday, November 13, 2012; - Agreement with the Washington County Historical Society to provide $50,000 in funding to be used for the purchase of suitable housing to reposit and exhibit historical Washington County artifacts; - County to receive $25,000 of county program aid for participating in the State' s Standard Measures Program; - County to host a pharmaceuticals collection at the Government Center this Saturday at 10:00 a.m. - Sandra Hahn, Deputy Community Corrections Director, recognized for an award she received from the Minnesota Association of Community Corrections Act Counties Board of Directors for her work on a program that connects domestic violence victims and advocates reducing future risk of domestic violence; Board correspondence was received and placed on file. Human Resources Approval of the 2013 International Union of Operating Engineers, Local 49 bargaining unit health insurance reopener contract. Library The Board met in workshop session to discuss Library service levels and hours for 2013. Public Health Adoption of Resolution No. 2012 -123, waste processing agreement with Ramsey County, Washington County, and Resource Recovery Technologies. Public Works Approval of the following actions: - Resolution No. 2012 -121, bid award for County State Aid Highway 14 to North Valley, Inc.; - Resolution No. 2012 -122, bid award for County State Aid Highway 3 curb and gutter replacement to New Look Contracting. Regional Railroad Authority Approval to withdraw from the Minnesota High Speed Rail Commission. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 18, 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 Gateway Corridor Commission meeting; this week the Woodbury City Council has a workshop on the Gateway Alternatives Analysis Study; and last night she attended the annual City of Woodbury development tour; - Commissioner Lehrke — reported she attended the Minnesota Extension meeting; - Commissioner Pulkrabek — reported he will attend the Workforce Investment Board on Wednesday and the Parks and Open Space Commission on Thursday; - Commissioner Hegberg — reported he attended the Minnesota Counties Intergovernmental Trust retreat which looked at the dividend policies; he attended the Community Action Program meeting; and he will attend the Housing and Redevelopment Authority meeting this afternoon. County Attorney Approval to join other Minnesota Counties in a class action suit brought by Hennepin County against Fannie Mae and Freddie Mac. General Administration Approval of the following actions: - Matt Behning, Stillwater commented on the county's debt and asked that the county reign in excessive spending; - September 4, 2012 Board meeting minutes; - County to host confidential shredding event at the Environmental Center Friday at 2:00 p.m.; - Board correspondence was received and placed on file; - Board workshop held to identify outstanding issues, concerns, or ideas related to the proposed 2013 budget. Human Resources Approval of the following actions: - Revisions to the county's 2013 Flexible Benefits Plan document; - 2013 Health Insurance reopener contracts with the following groups: Attorney's Association; appointed and elected Department Heads; Confidential Supervisors; Confidential Group; and AFSCME Exempt and Non - exempt. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2012 -116, application for cancellation of forfeiture; - Appoint Commissioner Lehrke and County Administrator O'Rourke to the 2012 County Canvass Board for the State general election; - Resolution No. 2012 -119, establishing the date for a public hearing for the detachment and annexation to and from ISD #833 and ISD #834 for October 16; - Resolution No. 2012 -120, private sale to adjoining land owners through sealed bid. Public Health and Environment Approval of the following actions: - Resolution No. 2012 -117 solid waste management tax; - Discussion on 2013 -2015 Waste Processing agreement with Resource Recovery Technologies held, and continued to next week's Board meeting. Public Works Approval of the following actions: - Budget amendment in the amount of $65,000 for cost of the Lake Elmo Park Reserve Swim Pond Visioning Study; and authorization to enter a contract with SRF Consulting, Inc. to complete the Lake Elmo Park Reserve Swim Pond Visioning Study; - Update on County State Aid Highway 2 improvement project. Sheriff's Office Adoption of Resolution No. 2012 -118, donation of the Sheriff's Office command trailer to the St. Croix County, Wisconsin Sheriffs Office. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 11, 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. The Board held a moment of silence to remember those who died eleven years ago on September 11, 2011. Accounting and Finance Approval of new Policy for Reimbursement Allowance for Personal Communication Devices and Service Contracts replacing Policy #5505 Acceptable Use and Reimbursement of Office and Portable Electronic Equipment. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: - Commissioner Pulkrabek — requested information on how long a person who has applied for Section 8 housing has to wait and why it takes so long; Commissioner Kriesel — Reported he attended the Metropolitan Energy Policy Coalition meeting; and he attended a Plat Commission meeting; - Commissioner Lehrke — reported she attended the Minnesota Inter -City Passenger Rail Forum; and the Washington County yellow Ribbon committee invited the Commissioners to the next meeting on October 10 or October 17; - Commissioner Weik — noted that the Washington County Library partners has a sponsor who has offered a $10,000 challenge grant through September 30; she also noted that JC Penny has a program called "Rounding Up the Nearest Dollar" which includes donations to 4 -H and Boys and Girls Clubs of America; she attended the Metropolitan Energy Policy Coalition meeting; and she attended the Southwest Light Rail Transit Management Committee Meeting; - Commissioner Hegberg — reported he attended the Housing and Redevelopment Authority meeting; he attended the Community Action Program; he attended a City of Forest Lake Council meeting for an update on the Broadway mega project. Community Services Approval of Amendment Number Two to the Cooperative Agreement with Anoka, Chisago, Dakota, Hennepin, Isanti, Ramsey, Sherburne, and Washington Counties for the provision of non - emergency medical transportation services for eligible Medical Assistance and Minnesota Care recipients County Attorney Approval of grant in the amount of $68,000 to offset expenses of Victim/Witness staff. General Administration Approval of the following actions: - Comments from the public were received as follows: Matthew Behning, Stillwater stated the county should pay down its debt; Brent Reibel, May Township, discussed an ongoing dispute with the county regarding an easement through his property; and, Bob Tatreau, Woodbury asked that the county control its spending and he was happy with the current library hours; - Appointment of Rick Vanzwol, Grant, and Gerald Johnson, Stillwater, to the Brown's Creek Watershed District Board of Managers to three -year terms expiring October 21, 2015; - County retained its AAA bond rating from Standard and Poor's; - Resolution No. 2012 -111, certifying the proposed property tax levy payable 2013 for Washington County; - Resolution No. 2012 -112, certifying proposed property tax levy payable 2013 for the Regional Railroad Authority; - Resolution No. 2012 -113, certifying the proposed property tax levy payable 2013, for Housing and Redevelopment Authority; - Resolution No. 2012 -114, adopting the Washington County Regional Rail Authority proposed budget for payable 2013; - Resolution No. 2012 -115, adopting the Washington County proposed budget for payable 2013; - Commissioner Hegberg asked that a workshop be scheduled for the following items: further reductions to the 2013 budget; and consider withdrawing from the Minnesota High Speed Rail Commission; - Audit Committee scheduled for September 13, 2012 has been cancelled and will be rescheduled; - Board correspondence was received and placed on file; - Board workshop held to complete review of the proposed 2013 Legislative positions. Public Health and Environment Approval of the following actions: - Recycling grant agreements with the City of Cottage Grove and the City of Woodbury for distribution of curbside recycling funds; - Grant application to the Minnesota Board of Water and Soil Resources for the Fiscal Year 2013 Clean Water Fund Accelerated Implementation Grant Program for a Subsurface Sewage Treatment System Inventory in the amount of $27,000. Public Works Approval of the following actions: - Amendment No. 4 to contract with TKDA, Inc. for construction inspection and administrative services necessary to complete construction of the Hardwood Creek Regional Trail overpass at County Road 83 in Forest Lake; - Resolution No. 2012 -109, appropriate money to the coalition for the St. Croix River Crossing; - Update on the St. Croix River Crossing project; - Resolution No. 2012 -110, bid award for County State Aid Highway 23 reconstruction to Hardrives, Inc.; - Update on County State Aid Highway 10 repairs. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners September 4, 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 will be attending the Southwest Light Rail Transit Management Committee meeting on Wednesday and will attend the Metropolitan Energy Policy Coalition meeting on Thursday; - Commissioner Lehrke — reported she attended the State Fair last week for Military Appreciation Day; she met with the Minnesota Department of Natural Resources and the Friends of the Mississippi River and canoed south on the river from St. Paul Park to look at a parcel; and she attended a Red Rock Corridor meeting which reviewed the East Metro Rail Capacity Study results and reviewed the Alternative Analysis update consultant selection process; - Commissioner Kriesel — reported he attended an all day session with Complete Streets to finalize the recommendations coming from the Minnesota Department of Transportation and various agencies to the legislature; Commissioner Hegberg — reported he attended a meeting with Community Action Program to discuss its budget. Community Services Approval of Amendment 1 to 2011 Community Development Block Grant (CDBG) funding agreement to add the additional 2012 CDBG grant funds in accordance with the 2012 Annual Action Plan. County Attorney Approval of Resolution No. 2012 -105, court data services subscriber agreement. General Administration Approval of the following actions: - August 21 and 28, 2012 Board meeting minutes; - Board correspondence was received and placed on file. Housing and Redevelopment Authority Approval of the following actions: - Public hearing held to consider authorizing the pledge of the general obligation of Washington County to the Housing and Redevelopment Authority for Governmental Housing Revenue Bonds Series 2012C, not to exceed $13,500,000; - Resolution No. 2012 -108, approving the pledge of the general obligation of Washington County to the Housing and Redevelopment Authority, Governmental Housing Revenue Bonds Series 2012C, not to exceed $13,500,000. Property Records and Taxpayer Services Approval of two 1 -4 day temporary on -sale liquor licenses for the Minnesota Food Association with special events to be held on September 23, 2012 and October 13, 2012 at Big River Farms, May Township. Public Health and Environment Update on the new National Association of Counties prescription drug card. Public Works Approval of the following actions: - Resolution No. 2012 -106, submittal of an application to the Counties Transit Improvement Board for grants payable in Fiscal Year 2013 for use on 2013 Washington County priority transit projects; - Resolution No. 2012 -107, traffic control signal agreement with the State of Minnesota, Department of Transportation and the City of Cottage Grove; - Regional Railroad Authority workshop met to review the East Metro Rail Capacity Study findings. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.