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Home My WebLink About2012-10-30 CC PacketREGULAR MEETING RECESSED MEETING i 1 Ater. THE NIRTNRLRCE Of MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 30, 2012 (Changed from November 6, 2012) 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Browns Creek Trail Update — Kent Skaar, DNR STAFF REPORTS 2. Police Chief 3. Fire Chief 4:30 P.M. 7:00 P.M. 4. City Clerk 5. Community Dev. Director 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of minutes of October 16, 2012 regular meeting minutes 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. CONSENT AGENDA (ROLL CALL) ** 11. Resolution 2012 -177, directing payment of bills 12. Resolution 2012 -178, resolution adopting assessment for 2012 Street Improvement Project (Project 2012 -02) LI 293 Parcel # 28.030.20.24.0063 (323 Laurel Street) 13. Possible approval of temporary liquor license — Valley Chamber Chorale — December 7 -9, 2012 PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 14. Case No. 2012 -33. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision to deny a request for a variance for the installation of a swimming pool and associated retaining wall located at 745 Liberty Court in the LR, Lakeshore Residential District. Michael and Peggy Eiselt, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 19, 2012. UNFINISHED BUSINESS 15. Possible approval of 2nd reading of Ordinance 1052, an Ordinance Relating to Criminal Background for Applicants for City Employment and City Licenses (2nd reading — Roll Call) 16. Possible approval of Armory Use Agreement (Resolution — Roll Call) NEW BUSINESS 17. Possible approval of resolution amending Parking Violation Fines (Resolution — Roll Call) 18. Possible approval to allow temporary structure at 2250 Orwell Court N 19. Possible approval for consultant for MS4 Storm Water Management Program (Resolution — Roll Call) 20. Possible approval to hire replacement for Public Works 21. Possible approval of Cooperative Agreement for St. Croix River Crossing Project (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT ** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. RESOLUTION 2012 -177 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 S468,947.82 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 30th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2012 -177 Abbott Paint Ace Hardware Action Rental, Inc. Advanced Sportswear Aggregate and Ready Mix Aramark Uniform Services, Inc Aspen Equipment Company Aspen Mills B &B Products /Rigs and Squads Bald Eagle Sportsmens Assoc. BEC Tree Removal Brock White Co. LLC Carquest Auto Parts Cemstone Century College Century Link Clareys Safety Equipment Comcast Curb Masters, Inc. Delta Dental Plan of Minnesota Egger, Alison EJM Pipe Services, Inc. Erenberg, Sarah Ess Brothers & Sons Inc. Fastenal Company First -Shred FleetPride Forms & Systems of Minnesota Grainger Heritage Printing, Inc. Ice Skating Institute Jimmys Johnnys, Inc. Key Title Inc Lake Country Door, LLC Loffler Companies, inc. Menards Metropolitan Mechanical Contractors, Inc. North American Safety Office Depot Oswald Hose & Adapters Papco, Inc. Proguard Sports, Inc. Ricoh USA, Inc. Sivigny Donald .1 SRF Consulting Group Paint Supplies Liquid propane & trailer rental 133 Jerseys Concrete Field Recertification Uniforms and mats Wing Plow TG Boot and shirts with patches sewn Repair Range rental Stump grinding Foating Silt Fence for tunnel collapse Parts and supplies Supplies Fire training Telephone Pneumatic spring Internet Concrete walk, curb & gutter AP COBRA November 2012 Reimburse for mileage for class Emergency Sanitary Sewer Repair on 3rd S Reimburse for mileage for class 3067 -L Grate Supplies Shedding service Supplies Citations Replacement grate #10 window envelopes for certifications Skater Memberships Toilet rental for harvest fest HAF RED LLC Project Repair hit door Telephone labor charge Supplies Maint agreement, bldg repair and maint Supplies Office supplies Coupling attachments and expansion rings Squeegee supplies Resale Copier Lease Plan Review Professional services for fire station Page 1 122.61 93.69 190.69 1,846.50 200.00 771.18 22,186.18 274.55 82.40 52.00 1,500.00 1,388.70 765.18 7,914.19 700.00 40.01 41.72 343.30 23,866.51 243.30 28.97 92,711.00 23.87 1,783.74 1,492.34 79.00 38.39 1,296.92 61.32 190.13 104.00 173.65 30,000.00 255.00 541.38 1,716.51 2,450.90 167.75 499.55 106.13 165.19 255.88 134.48 277.32 3,411.67 EXHIBIT "A" TO RESOLUTION #2012 -177 St. Cloud Technical College St. Croix Boat & Packet Co. St. Croix Harley- Davidson Stillwater Collision & Mechanical Stillwater Medical Group Stiliwater Motor Company Stillwater Rotary Club Sun Newspapers T.A. Schifsky and Sons, Inc. USAble Life Viking Industrial Center Washington Conservation Distr Washington County Road & #38; Bridge Wingfoot Commercial Tire Winnick Supply Wulfing David Yocum Oil Company LIBRARY Baker & Taylor Brodart BWI Comcast Gaylord Menards Mid America Business Systems Midwest Tape Star Tribune Toshiba Van Paper Washington Co Information Tech Washinton County Library ADDENDUM Board of Water Commissioner Bryan Rock Products, Inc. Cemstone Clark Dan Fastenal Company Johnson Ronald League of MN Cities LGN Boot Camp Magnuson David Meisinger Construction Co. Inc. Stillwater Fire Relief Assoc Xcel Energy Fire School - Steven Despiegelaere October Arena Billing Defleeted Police Unit Repair charge Firefighter exam Vehicle maint and repair 4th qtr membership dues & Nat'l Award Inv. Publication Asphalt Term Life Insurance Repair 3rd Qtr billing for shared educator 10% of constuction cost Tires Steel plat K9 Narcotics Cert Trail Fuel Library materials Library materials Library materials Telecommunications Processing supplies Janitorial supplies Supplies Audiovisual materials Periodical Maintenance contract Janitorial Supplies Small equipment Various Break off flange and kit hydrant marker Lime and rip rap for northland park ball 3rd Street Custodian Supplies Repairs Stormwater coalition contributions Boot camp training and education Professional Service Red Walkway Site Work 2012 Fire State Aid Energy Page 2 100.00 47,850.52 1,814.83 627.31 210.54 291.83 880.88 207.90 2,209.88 403.20 350.02 554.25 4,907.68 939.30 39.78 60.00 8,239.20 125.92 1,269.62 456.62 56.90 173.47 87.27 745.00 269.15 260.00 27.51 627.10 1,380.00 122.01. 282.09 1,477.30 11,068.38 1,057.50 24.00 437.10 760.00 300.00 11,689.33 34,167.28 73,121.90 58,687.45 468,947.82 Adopted by the City Council this 30th Day of October, 2012 sSD Yz 1 fN NtS,PTA DERAMM ENT 4s PUD IC.SA ESy Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651 - 201 -7500 Fax 651 -297 -5259 TTY 651 -282 -6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE VA UL 1 atw EP- p-i? olgv,iLJ Address q 1 0 �r S Name of person making application City Date organized -ZECEIVED OCT 2 8 2N2 BY: 1,775 —<41-11'feR-i 1)J C Date set ups will be sold ere./ 5 7J7 L .fe(L 7 -q col g Organization officers name State Tax exempt number 3ise7 Minnesota Business phone 65/ - W -Ora sZ Zip Code Home phone 4,51 4.N' 7g55- Type of organization ❑ Club ❑ Charitable ❑ Religious ® Other non - profit City -51 14 e r"1 1LL L.)A7?,L Add New Officer 1 Location where permit will be used. If an outdoor area, describe. 1.4.) ti r1iG - --rDxl 0tt[A)7l -/ 147S77jIA -1 C_ L' outer- 111) a :5C State Minnesota Zip If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage, APPROVAL, APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT r/ /62,, feo2 City /County Date Approved Cit Fee Amount ICJ- .30-- Date Fee Paid Permit Date Signature City Clerk or County Officia Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 Michel Pogge From: KD. Widin <kdwidin @comcast.net> Sent: Tuesday, October 30, 2012 2:51 PM To: Michel Pogge Subject: Trees at 745 Liberty Ct. Mike This morning I met with you at the property of 745 Liberty Ct., home of Mike and Peggy Eiselt, to inspect trees in and near the portion of their property where they propose to construct a swimming pool and associated hardscape and landscaping. After reviewing the plans and site, inspecting all trees indicated to be removed, and talking with you and Mr. Eiselt, I have the following comments: 1. The proposed project is right behind the home, is outside the rear "no cut, no mow" area leaving most of the wooded area of the property intact and still providing a large forested buffer and screening from Long Lake. 2. The area where the swimming pool construction is proposed is tight but the property owners might be able to save several trees to the south and east of the project if the pool is made smaller and the rear boulder wall remains. 3. During my inspection of the trees which are indicated to be removed for this project, I noted that some of the trees should be removed anyway due to risk factors: a. white oak on west side of play house (trunk decay, poor form, crown dieback and severe lean), b. white oak on east side of play house (evidence of decay at the base of the trunk), c. maple further north by 1st boulder wall (trunk decay), d. white oak next to "c" (evidence of decay at the base of the trunk), e. tree next to rear boulder wail which is dead. 4. If construction is approved, the property owners at 745 Liberty Ct. should take measures (wood chips, fencing, plank or plywood bridging) to protect the root systems of two white oaks on the property to the north which are close to the property line and near where the construction access would take place. Please contact me if you have any questions regarding this inspection or report. Kathy Widin Forestry Consultant City of Stillwater Received OCT 3 0 2012 Community Development Department October 29, 2012 To: Honorable Mayor and Stillwater City Council From: Tim Press 2276 Orwell Ct. N. Stillwater, MN 55082 RE: Agenda item for October 30th, 2012 Council meeting — Temporary Structure 2250 Orwell Court North Mayor and Council: Regarding the above mentioned agenda item, I would request that Council consider the following background in making a decision for the allowance of the "temporary "structure for a time frame of six months as suggested in a Precedence by Mr. Pogge who is familiar with the issue. My overriding concern is that the structure will not be removed within the six month time frame, if at all. My concerns are as follows: A similar structure was erected (front yard) on an adjacent property approximately 5 -7 years ago. At that time, I believe notice was given to the property owner to remove the structure. The structure is still standing as of today October 29, 2012. I believe the current structure at 2250 Orwell is an obvious code violation as a secondary accessory building. This structure is also erected in a front yard. The property owner states in a letter to the City dated October 21st that they have "three vehicles and a two car garage ". The property, in fact, has a three car garage. I have resided on Orwell Court for 20 years. Over that timeframe, I've routinely noticed multiple vehicles, up to five, parked and /or stored at the 2250 property. As to whether the vehicles are all registered to the property owner, I can't confirm. I can only conclude the sheer number of vehicles on the property is the primary reason for erecting this silver "Quonset Hut" type structure in order to store another vehicle. However, if there are in fact now only three vehicles (as the owner states in their letter) and the property has a three car garage, I would see no valid reason for the additional structure. Honestly, I'm a bit confused. The property owner states in their October 21st letter to the City that "Quite frankly, these shelters are not the most attractive thing." I would have to agree. The structure detracts from the character of the neighborhood (as it would in any neighborhood) and out of respect and consideration for other property owners on Orwell, should never have been installed. My candid perception is that the owner is citing vague reasons to keep the structure intact for some unspecified period of time or "until they can sell it "as stated their letter. Sadly, I can't help but feel this will result in the structure remaining intact for years. That is, even if the City sets a specified date for removal six months from now, I will see a repeat of the former scenario where the structure on adjacent property still stands. Perhaps I'll see additional structures installed? I'm not sure how many is enough? I happen to have a two car garage with three vehicles. Personally, I'm not shopping for a "temporary structure ". Moreover, if the six month allowance is granted under the Precedence, I, or any of my neighbors, could conceivably erect a similar structure in their front yard for at least six months. In fact, anyone in Liberty or Oak Glen or any other neighborhood in the City could do the same. In a broader scope, what is most concerning to me is witnessing a growing pattern of a deliberate and blatant disregard of City code. It's truly unfortunate and honestly something I'd prefer not to address; but it's at the point where I'm compelled to. Given the history and circumstances surrounding this issue and the fact that there appear to be no specific, valid or compelling reasons to keep the structure standing, I would respectfully request that the City deny the allowance, enforce code, and require the structure(s) removal within 30 days. Thank you for your consideration. Respectfully, Tim Press Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, October 23, 2012 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651- 430 -6001. Washington County's mission is to provide quality public services in a cost - effective manner through innovation, leadership, and the cooperation of dedicated people. County will continue contract with Washington County Conservation District The Washington Conservation District will continue to provide services to Washington County to carry out wetland preservation in the county, as mandated by state law. The Washington County Board of Commissioners approved agreements with the agency Oct. 23. Services that allow the county to comply with the Wetland Conservation Act will be paid for with $41,551 from a Natural Resources Block Grant from the Minnesota Board of Water and Soil Resources, and a county match of $18,000 paid for from the County Environmental Charge. In addition, the county will contract with the Washington Conservation District to provide general technical assistance and educational services to promote and apply soil and water conservation practices throughout the county. This contract for $220,000 provides partial funding for the organization's administrative activities, and services in local water management, land and water treatment, and public education, including funding for the East Metro Water Resource Education Program. Sheriff's Office to receive funding for programs The Washington County Sheriffs Office will receive $95,000 through an extension of a grant agreement that reimburses personnel expenses for the Sheriff's Office Narcotics Task Force for 2013. The grant, which is from the Minnesota Commissioner of Public Safety, Office of Justice Programs, was approved by the County Board Oct. 23. The approval extends the grant agreement through Dec. 31, 2013. The Sheriffs Office will also receive a grant of $35,000 from the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, after the County Board approved the grant Oct. 23. This grant requires a match of $11,667. The county is able to use the purchase of a patrol boat in December 2010 as the match for the grant. The money will be used to purchase night vision, GPS, and sonar equipment for the Sheriffs Office. The equipment will make night and reduced visibility navigation safer, and surveillance more effective. Ride and Glide Ski Club will help pay for additional lights in Lake Elmo Park Reserve The Washington County Board of Commissioners accepted a $3,000 donation Oct. 23 from the Ride and Glide Ski Club, which will pay for additional light fixtures on the Lake Elmo Park Reserve ski trails. Page 1 of 2 The lights on the ski trails at Lake Elmo Park Reserve were first used during the 2011 -2012 skiing season. The light fixtures provide adequate lighting for the majority of the system; however, additional lighting needs were discovered on some of the steeper downhill sections. The Ride and Glide Ski Club raised funds to assist with trail improvement projects and made the donation to help pay for the costs of installing four additional light fixtures on the trails. Washington County Board Chair Dennis Hegberg, District 1, receives a check from Steve Thatcher, representing the Ride and Glide Ski Club, for $3, 000 to be used to add lights to the Lake Elmo Park Reserve ski trail. Mike Polehna, parks manager, right, was also present. Additional tasks given to HR Green Company for CSAH 19 project The Washington County Board of Commissioners agreed to additional payments Oct. 23 to HR Green Company to pay for additional services on the County State Aid Highway (CSAH) 19 (Woodbury Drive) project. Additional planning for the roadway reconstruction is needed to accommodate requests by residents to rebuild the roadway without taking any more right -of -way along the roadway. The new design will also incorporate retaining walls to allow for the wider roadway on a narrow right -of -way. The firm will also work on plans to reuse the water from the roadway runoff on adjacent golf courses for irrigation, reducing the water pumped out of local aquifers by about 40 million gallons per year. An additional roundabout in the plans also require additional work by the firm. Washington County plans to reconstruct CSAH 19 in 2013 in Woodbury, which includes the reconstruction of CSAH 19 from Park Crossing to 0.35 miles south of CSAH 18 (Bailey Road). The existing two -lane undivided roadway will be expanded to a four -lane divided roadway with turn lanes, raised medians, and roundabouts at the intersections with CSAH 18 and Lake Road. It also includes multi - purpose trails on both sides of the roadway. HR Green Company is under contract to provide preliminary and final design engineering services for the project. The original contract was approved in 2011, for $1,195,934. The contract amendment added $281,379 for additional engineering services needed to complete final design for the stormwater management /stormwater reuse plans; retaining walls; an additional roundabout; corridor landscaping; and additional public involvement meetings. Page 2 of 2 REGULAR MEETING RECESSED MEETING i 1 Ater. THE NIRTNRLRCE Of MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North October 30, 2012 (Changed from November 6, 2012) 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL OTHER BUSINESS 1. Browns Creek Trail Update — Kent Skaar, DNR STAFF REPORTS 2. Police Chief 3. Fire Chief 4:30 P.M. 7:00 P.M. 4. City Clerk 5. Community Dev. Director 6. Public Wks Dir /City Engr. 7. Finance Dir. 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 10. Possible approval of minutes of October 16, 2012 regular meeting minutes 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. CONSENT AGENDA (ROLL CALL) ** 11. Resolution 2012 -177, directing payment of bills 12. Resolution 2012 -178, resolution adopting assessment for 2012 Street Improvement Project (Project 2012 -02) LI 293 Parcel # 28.030.20.24.0063 (323 Laurel Street) PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 13. Case No. 2012 -33. This is the date and time for a public hearing to consider an appeal of the Planning Commission's decision to deny a request for a variance for the installation of a swimming pool and associated retaining wall located at 745 Liberty Court in the LR, Lakeshore Residential District. Michael and Peggy Eiselt, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on October 19, 2012. UNFINISHED BUSINESS 14. Possible approval of 2nd reading of Ordinance 1052, an Ordinance Relating to Criminal Background for Applicants for City Employment and City Licenses (2nd reading — Roll Call) 15. Possible approval of Armory Use Agreement (Resolution — Roll Call) NEW BUSINESS 16. Possible approval of resolution amending Parking Violation Fines (Resolution — Roll Call) 17. Possible approval to allow temporary structure at 2250 Orwell Court N 18. Possible approval for consultant for MS4 Storm Water Management Program (Resolution — Roll Call) 19. Possible approval to hire replacement for Public Works 20. Possible approval of Cooperative Agreement for St. Croix River Crossing Project (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS STAFF REPORTS (CONTINUED) ADJOURNMENT ** All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. ivater. THE IIRTNRLRCE Of MINNESOTA CITY COUNCIL MEETING MINUTES October 16, 2012 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:05 p.m. Present: Councilmembers Menikheim, Cook, Roush, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of October 2, 2012 regular and recessed meeting minutes. Motion by Councilmember Menikheim, seconded by Councilmember Polehna to approve the October 2, 2012 meeting minutes. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser reported about 700 people attended Saturday's Fire Prevention Week open house. He also mentioned that the Department assisted Mahtomedi Fire on the night of October 5 at a devastating fire. In addition, the entire County is still under burn restrictions, which means no open flames allowed. Community Development Director Turnblad stated the permit application forms for beekeeping and chicken keeping will be available this week. He requested that the Council adopt a resolution setting fees at $25 plus the cost of mailing notices. Motion by Councilmember Cook, seconded by Councilmember Menikheim to adopt Resolution 2012 -176, approving bee keeping and chicken keeping application fees. Ayes: Councilmembers Menikheim, Cook, Polehna, Mayor Harycki City Council Meeting October 16, 2012 Nays: Councilmember Roush Public Works Director Sanders reported the next aquatic plant management meeting is scheduled for November 1. Notices will be sent to adjacent properties and emails will be sent to Councilmembers. Councilmember Polehna commended the Public Works Department on Millbrook Park. City Administrator Hansen reported he attended an excellent webinar by the League of Minnesota Cities on healthcare reform, which is extremely complex. By 2018, the City's current package will likely be taxable to employees, so he predicts changes in how the City handles healthcare benefits. City Clerk Ward reminded the Council that January 1 is a holiday, so the first meeting of 2013 will be January 8. In January, following election years, the Council has chosen not to have the 4:30 meeting at the first meeting of the year because of the possible change of in Council seats. Additionally, the third Tuesday of the month is January 15 so it would be back to back meetings, so she recommended moving that meeting to January 22. Motion by Councilmember Polehna, seconded by Councilmember Roush, to set the January meetings for 7:00 p.m. only on January 8, and moving the January 15 meeting to January 22 at 7:00 p.m. All in favor. CONSENT AGENDA Resolution 2012 -167, Directing the Payment of Bills Resolution 2012 -168, Appointing election judges and fixing compensation Resolution 2012 -169, Approving Assignment Agreement with the Veterans' Memorial Committee for 2013 Resolution 2012 -170, Approving Change Order #4 Main Street Pedestrian Walkway Site Work Councilmember Menikheim commended the Veterans Memorial Committee on the maintenance of the site and on the improved relations between the Farmers Market and the Veterans Memorial Committee. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2012 -29. 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. Page 2 of 7 City Council Meeting October 16, 2012 Community Development Director Turnblad reviewed the request. The bathroom in south Lowell Park is small, hard to maintain, and unwelcoming. The proposal is to replace it with a new bathroom, still attached to the lift station, that is larger and easier to access and maintain. The DNR is satisfied with the proposal with the recommended conditions. Councilmember Cook asked if the project is really necessary considering the cost, since the new bathroom is less than two blocks away. If this bathroom remains, she feels it does need to be redone. Community Development Director replied that the funding has been allocated for downtown restrooms for quite some time. Mayor Harycki added that the new restroom has only four stalls. Councilmember Polehna commented the current bathroom is in very poor shape and he has gotten many complaints about it. Mayor Harycki opened the public hearing at 7:27 p.m. There were no public comments and the public hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -171, Approving variance to the City of Stillwater floodplain overlay district regulations and St. Croix River overlay district regulations, with 13 conditions. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Case No. 2012 -31. A request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. Community Development Director stated that in response to the Rafters roof top patio SUP request, the City Council at their August 21st meeting asked that 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 approve SUPs for this type of use. Staff has added 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." Mayor Harycki pointed out that the Planning Commission voted the amendment down unanimously. He had understood that as future uses come forward, the Council would look at how the requests were granted. Councilmember Menikheim commented that the Commission interpreted the Council's action as a statement that the Council did not trust the Commission's judgment. He stated the Commission's judgment has been impeccable - they are very good at what they do. This case is different because it had life and death implications and the Council, as elected officials, should make those types of decisions due to the accountability that goes with them. He believes the amendment as stated is too specific and would result in the Council micromanaging the Commission. It should be re- worded in such a way that the Commission is encouraged to forward decisions to the Council which have accountability implications. Mayor Harycki agreed, saying all the Commissions serve the City well and he doesn't want to undercut that. Page 3 of 7 City Council Meeting October 16, 2012 Councilmember Cook stated that other issues that have a big enough potential impact on the community should be brought to the Council. She too does not want the Commissions to think the Council distrusts them. Community Development Director Turnblad stated built into the land use tables is specific mention that if a use is not covered, it is prohibited. New uses are to be brought to the Planning Commission and Council to develop an ordinance amendment. New uses that are "substantially similar" to existing uses typically do not come to the Council. City Administrator Hansen suggested staff rework the amendment and bring it back to the Council. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to table the amendment. All in favor. UNFINISHED BUSINESS 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 and 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 Community Development Director stated St. Paul Lutheran Church has submitted a letter asking that final action on both demolition permits be tabled until a neighborhood meeting can be held. The church authorized a 60 -day extension for action on the request. The Council will see this again on December 4. Motion by Councilmember Cook, seconded by Councilmember Polehna, to table possible approval of Findings of Fact for Case No. DEM/2012 -30 and Case No. DEM/2012 -31 until December 4. All in favor. NEW BUSINESS Possible approval of Twinkle Parade Special Event City Clerk Ward informed the Council that the Main Street Stillwater Independent Business Alliance (IBA) wants to hold the Twinkle Parade on Saturday, December 1 and has requested permission to have fireworks. The Fire Chief has approved the fireworks if weather permits, at his discretion. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the event. All in favor. Possible approval of first reading of Background Check Ordinance for licensing and employee backgrounds Police Chief Gannaway explained the ordinance brings the City in compliance with the Bureau of Criminal Apprehension Data Privacy laws. Mayor Harycki questioned the inclusion of the statement "unless the City Administrator concludes that a background investigation is not needed." It would be better to be consistent and Page 4 of 7 City Council Meeting October 16, 2012 remove this statement and Police Chief Gannaway indicated that the wording is exactly as provided by the Bureau of Criminal Apprehension. Motion by Councilmember Polehna, seconded by Councilmember Cook, to remove the language "unless the City Administrator concludes that a background investigation is not needed" and approve the first reading of an ordinance relating to criminal background checks for applicants for City employment and City licenses. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible appointment of Sean Hade to the Planning Commission Motion by Councilmember Menikheim, seconded by Councilmember Roush, to pass Resolution 2012 -172, Appointing Sean Hade to the Planning Commission. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval authorizing of feasibility study for 2013 Street Improvements Public Works Director Shawn Sanders reported about 1.5 miles are included. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to pass Resolution 2012 -173, Ordering preparation of report for 2013 street improvements (Project 2013 -02). Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible approval of interest rate re -set Tax Increment Revenue Bonds Series 2002 -Curve Crest Villas City Attorney Magnuson explained there was no market for the bonds, so the holders negotiated a resetting of the rate from 7% to 6 %. It is a housekeeping matter. These are conduit housing revenue bonds. Motion by Councilmember Cook, seconded by Councilmember Polehna, to pass Resolution 2012- 174, 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. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Possible authorization to mail Notice for Annexation by Ordinance City Attorney Magnuson stated MnDOT requested that the City clean up the boundary which currently includes the intersection of Highway 36 and Greeley Street in Stillwater Township. It is a friendly annexation. It is unclear who owns the property. The ordinance can be enacted annexing the land 90 days after notice. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to approve the mailing of notice for annexation by ordinance. All in favor. Page 5 of 7 City Council Meeting October 16, 2012 Recommendation from Parks & Recreation Commission on Municipal Pool City Administrator Hansen indicated a group of citizens felt the City should explore building a municipal swimming pool. A presentation was made to the Parks Commission on September 24. Debt service on a $7 -12 million structure would be $470,000+ to $800,000. He recommends without reservation that at this point in time, the City cannot afford the project because on top of debt service there would be operating cost. He wishes the group well in their efforts but cannot recommend City involvement. Councilmember Menikheim asked about considering the City -owned property across the river as a beach. City Attorney Magnuson stated the restrictions on the site from the Wisconsin Department of Natural Resources are quite extensive. Councilmember Polehna commented if the swimming pool group can engage other communities' support he might consider the project, but not if it is up to the City of Stillwater. Possible 1st reading of an ordinance amending Chapter 43 of the City Code "Liquor" City Attorney Magnuson reported that his staff and Police Department staff have concerns about conduct in bars downtown generating an increased number of police calls to certain establishments. Some establishments have had 30 or more calls in one year. An amendment is suggested adding specific language to the ordinance making habitual violators of the conduct standards subject to the City Code. The types of violations found to be unacceptable are listed in the ordinance. If there are more than six separate incidents of any of these things, the owner could be cited for a violation. Motion by Councilmember Roush, seconded by Councilmember Cook, to approve the first reading of an ordinance amending Chapter 43 of the City Code "Liquor". Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None 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 City Attorney Magnuson stated that the Council needs to set a hearing because there are funds remaining in the district that could be used at the Council's discretion. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -175, 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. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 6 of 7 City Council Meeting October 16, 2012 COUNCIL REQUEST ITEMS Yellow Ribbon Update Councilmember Polehna stated that a pheasant hunt will take place on October 21 and that 176 troops have recently returned from Afghanistan and almost $50,000 has been raised to hold the hunt. Movember Councilmember Roush reminded Mayor Harycki of his commitment to the Movember initiative for prostate cancer awareness. He has agreed to shave his mustache and participate in the initiative. Councilmember Roush is also participating, and encouraged the public to go to the Movember web site and participate. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adjourn at 8:17 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012 -167, Directing the Payment of Bills Resolution 2012 -168, Appointing election judges and fixing compensation Resolution 2012 -169, Approving Assignment Agreement with the Veterans' Memorial Committee for 2013 Resolution 2012 -170, Approving Change Order #4 Main Street Pedestrian Walkway Site Work Resolution 2012 -171, Approving variance to the City of Stillwater floodplain overlay district regulations and St. Croix River overlay district regulations Resolution 2012 -172, Appointing Sean Hade to the Planning Commission Resolution 2012 -173, Ordering preparation of report for 2013 street improvements (Project 2013 -02) Resolution 2012 -174, 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 Resolution 2012 -175, 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 Resolution 2012 -176, Approving bee keeping and chicken keeping application fees Page 7 of 7 EXHIBIT "A" TO RESOLUTION #2012 -177 Abbott Paint Ace Hardware Action Rental, Inc. Advanced Sportswear Aggregate and Ready Mix Aramark Uniform Services, Inc Aspen Equipment Company Aspen Mills B &B Products /Rigs and Squads Bald Eagle Sportsmens Assoc. BEC Tree Removal Brock White Co. LLC Carquest Auto Parts Cemstone Century College Century Link Clareys Safety Equipment Comcast Curb Masters, Inc. Delta Dental Plan of Minnesota Egger, Alison EJM Pipe Services, Inc. Erenberg, Sarah Ess Brothers & Sons Inc. Fastenal Company First -Shred FleetPride Forms & Systems of Minnesota Grainger Heritage Printing, Inc. Ice Skating Institute Jimmys Johnnys, Inc. Key Title Inc Lake Country Door, LLC Loffler Companies, Inc. Menards Metropolitan Mechanical Contractors, Inc. North American Safety Office Depot Oswald Hose & Adapters Papco, Inc. Proguard Sports, Inc. Ricoh USA, Inc. Sivigny Donald 1 SRF Consulting Group Paint Supplies Liquid propane & trailer rental 133 Jerseys Concrete Field Recertification Uniforms and mats Wing Plow TG Boot and shirts with patches sewn Repair Range rental Stump grinding Foating Silt Fence for tunnel collapse Parts and supplies Supplies Fire training Telephone Pneumatic spring Internet Concrete walk, curb & gutter AP COBRA November 2012 Reimburse for mileage for class Emergency Sanitary Sewer Repair on 3rd 5 Reimburse for mileage for class 3067 -L Grate Supplies Shedding service Supplies Citations Replacement grate #10 window envelopes for certifications Skater Memberships Toilet rental for harvest fest HAF RED LLC Project Repair hit door Telephone labor charge Supplies Maint agreement, bldg repair and mains Supplies Office supplies Coupling attachments and expansion rings Squeegee supplies Resale Copier Lease Plan Review Professional services for fire station Page 1 122.61 93.69 190.69 1,846.50 200.00 771.18 22,186.18 274.55 82.40 52.00 1,500.00 1,388.70 765.18 7,914.19 700.00 40.01 41.72 343.30 23,866.51 243.30 28.97 92,711.00 23.87 1,783.74 1,492.34 79.00 38.39 1,296.92 61.32 190.13 104.00 173.65 30,000.00 255.00 541.38 1,716.51 2,450.90 167.75 499.55 106.13 165.19 255.88 134.48 277.32 3,411.67 EXHIBIT "A" TO RESOLUTION #2012 -177 St. Croix Harley- Davidson Stillwater Collision & Mechanical Stillwater Medical Group Stillwater Motor Company Stillwater Rotary Club Sun Newspapers T.A. Schifsky and Sons, Inc. USAble Life Viking Industrial Center Washington Conservation Distr Washington County Road & #38; Bridge Wingfoot Commercial Tire Winnick Supply Wulfing David Yocum Oil Company LIBRARY Baker & Taylor Brodart BWI Gaylord Menards Mid America Business Systems Midwest Tape Star Tribune Toshiba Van Paper Washington Co Information Tech Washinton County Library Defleeted Police Unit Repair charge Firefighter exam Vehicle maint and repair 4th Qtr membership dues & Nat'l Award Inv. Publication Asphalt Term Life Insurance Repair 3rd Qtr billing for shared educator 10% of constuction cost Tires Steel plat K9 Narcotics Cert Trail Fuel Library materials Library materials Library materials Processing supplies Janitorial supplies Supplies Audiovisual materials Periodical Maintenance contract Janitorial Supplies Small equipment Various Page 2 1,814.83 627.31 210.54 291.83 880.88 207.90 2,209.88 403.20 350.02 554.25 4,907.68 939.30 39.78 60.00 8,239.20 125.92 1,269.62 456.62 173.47 147.03 745.00 269.15 260.00 27.51 627.10 1,380.00 122.01 TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Shawn Sanders, Director of Public Works October 26, 2012 2012 Street Improvement Project Adoption of the Assessment for 323 Laurel Street Roll Projects 2012 -02 DISCUSSSION At the assessment hearing for the 2012 Street Improvement, Council removed from the assessment roll the assessment for the property at 323 Laurel Street, because of a cancellation of the interpreter needed for the property owner prior to the meeting. Staff obtained an interpreter and has met with the property owner on October 17th to discuss their questions and concerns. Staff answered these at the meeting with no formal objections from the property owner. RECOMMENDATION: Staff recommends that Council adopt the proposed assessment of $6,464.10 for the property at 323 Laurel Street for the 2012 Street Improvement Project. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopt Resolution 2012 -178, resolution adopting assessment for 2012 street improvement project (project 2012 -02) L.I. 393 Parcel # 28.030.20.24.0063 (323 Laurel Street) RESOLUTION 2012 -178 RESOLUTION ADOPTING ASSESSMENT FOR 2012 STREET IMPROVEMENT PROJECT (PROJECT 2012 -02) L.I. 393 Parcel # 28.030.20.24.0063 (323 Laurel Street) WHEREAS, pursuant to proper notice duly given as required by law, the council and staff has met and heard and passed upon on the objection to the proposed assessment 2012 Street Improvement Project for Parcel # 28.030.20.24.0063 (323 Laurel Street). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MN: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2013, and shall bear interest at the rate of four and one half percent (4.0 %) per annum from the date of the adoption of this assessment resolutions. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 29, 2012. If the assessment is not paid by November 29, 2012, accrued interest from the date of the adoption of the assessment roll through December 31, 2012 will be added with the first installment due in 2012. If payment is not received by November 29, 2012, the amount listed above will be collected over a 10 -year period with interest added at 4.0% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 30th day of October 2012. ATTEST: Ken Harycki, Mayor Diane F. Ward, City Clerk iliwater 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 Plann Reviewer: Bill Turnblad, Community Development Director Date: October 25, 2012 Re: CPC Case 2012 -25: Variances for construction of a pool at 745 Liberty Ct BACKGROUND Michael and Peggy Eiselt, property owners of 745 Liberty Court, have appealed the Planning Commission decision to deny their variance requests to construct a pool. The Eiselt property is zoned LR, Lakeshore Residential. Section 31 -303 (b) of the LR zoning district states the following: (2) No retaining walls may be constructed to create yard areas or sites for swimming pools. (3) No accessory building or use that results in the cutting of trees or clearing of vegetation is permitted. The plans developed by the Eiselt's call for both the construction of retaining walls for the swimming pool and the clearing of trees for the pool'. It would be nearly impossible to construct a pool on the property without a variance to the above standards. Attached is a staff report to the Planning Commission on request dated October 8, 2012. 1 A pool is considered an accessory use per City Code Section 31 -101 #3. EVALUATION OF REQUEST The State of Minnesota enables a City to grant variances when they meet the review criteriaThe review criteria are included in the attached report. In the Eiselt's appeal, they discuss that they are outside the "no cut /no mow" easement and therefore they should be permitted to remove the trees and add a retaining wall for the pool. The "no cut /no mow" easement that they refer to is a conservation easement that was established in 1998 to protect the water quality of Long Lake and cover part of all lots, including lots zoned LR, TR, and CR, that are within 1,000 feet of Long Lake. In this case, the pool is outside of the conservation easement and not the issue at hand. In 1998, at the same time the conservation easements were established and before Liberty was actually developed, the LR zoning district was created for lots that would potential include an area of oak savanna. While the City knew some of the oak savanna would be impacted with Liberty development, with input from the developer and owners surrounding Long Lake, the City enacted restrictions to protect the oak savanna. While it is true the Eiselt's are only removing 11 trees for the proposed pool, the impacts of the grading and tree removal could be felt beyond the pool site. Oak trees in general are very sensitive to change and root disruptions. While it is immediately clear to see the disruption to the trees that will be removed, impacts to the remaining trees may occur over a longer term and once started very difficult to reverse. Additionally, once root systems are damaged fungal diseases like oak wilt can occur quickly and devastate a larger area with little warning. While the City Forester has drafted conditions of approval that the Council could consider adding if they approves the request, there is no guarantee that even if these conditions are followed that the oak savanna will not adversely be impacted beyond the pool site if it is permitted. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held public hearing and reviewed the request at their October 8, 2012 meeting. One neighbor spoke in support of the variance before the Commission. A copy of the minutes from the meeting is attached. The Commission discussed the case and felt that there was no practical difficulty and while they respect the applicants' desire for a pool, not every lot is suitable for every use. The commission unanimously denied the requested variances. ALTERNATIVES The City Council has the following options: 1. Deny the requested variances since an affirmative finding on the variance has not been found. Additionally, if the Council were to choose to deny the variances they should take a straw poll on October 30th and direct staff to prepare and present Findings of Fact, Conclusions of Law and Order in support of the decision to deny the variances at your next meeting on November 13, 2012. 2. Approve the requested variances with the following conditions: a. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. b. Tree removal and grading shall be limited to the shown on the plans date stamped September 14, 2012 and on file in the Community Development Department. c. Impacted oak trees shall only be remove between November 1 and March 1. d. Place orange snow fencing on 5 -6 ft. steel fence posts (6 ft. on center) between construction area(s) and trees to be saved. Place it out from trunks 1 foot for every 2 in. of trunk diameter, as a minimum, farther is better. This is mainly to protect the root system but it also protects the trunk. Tree protection fencing shall be in place before any equipment appears on the site. e. Prune overhanging limbs which are in the way of construction, before construction, so they are not broken off. Pruning should occur only between November 1 and March 1. If outside that time frame, paint wounds immediately with latex paint or tree paint to avoid insect transmission of the oak wilt fungus to fresh wounds. f. If roots are uncovered and /or torn during excavation, cut root ends cleanly and recover with soil. g. Water trees which are to be preserved near or in the construction area(s) before, during and after construction, if during the growing season. Mulching root systems of trees within or near a construction zone with 4 in. wood chip mulch is beneficial to help minimize compaction of soil around roots and also to keep tree roots cool and moist. h. Do not pile construction materials, park vehicles, drive vehicles, wash out construction equipment or dump any refuse or chemicals in the root zone(s) of trees to be saved. The root zone of trees extends beyond the branch spread of the tree, unless the rooting area is constricted by pavement or other factors. 3. Table the request for additional information. Attachments: Applicant letters dated October 15, 2012 and October 22, 2012 Excerpt of the October 8th Planning Commission minutes Staff report and associated attachments dated September 25, 2012 To Whom It May Concern, OCT 2 2 2012 lam writing to you to amend the appeal my husband and I filed on October 15th. Thank you in advance for your patience and consideration as I navigate this process for thPfMnitillitYEDMqvkipifighstiosetine include some information about us that you might find helpful to you as you contemplate our request. Mike and I have lived in Stillwater for 17 years. We married in August of 1995 and moved here in October of that same year. We chose Stillwater for a variety of reasons, we loved the community and small town feel, the natural beauty of the area, it was a safe town and the schools were good. We felt it would be a good place to raise a family, plus it was equidistant from our places of origin, Rice Lake, WI for me, and Madelia, MN for Mike. In short, Stillwater felt like home, and we are grateful that we landed here. Mike operates a successful business in town, EIS incorporated, and employs 26 people throughout the United States. Mike and I have been blessed with 5 beautiful children, two daughters and 3 sons, all coming to us through the gift of adoption. They are the joy of our lives! Our middle son Cameron, who is seven, has a moderate to severe left sided hearing loss; his hearing is partially corrected when he wears a hearing aid. For safety reasons, it makes it hard to go to a public pool, because of the noise levels and his difficulty hearing. It is this same son who is petrified of swimming in the area lakes because he worries that he will contract meningitis from an amoeba, "you know, that thing that goes up your nose" says Cameron. From our perspective, we would rather have Cameron in the safety of a pool at home, where we can control the noise level and number of people swimming and he can have a sense of security when he swims here. We want to create a safe place for our neighbors, family and friends to gather, a mini - community if you will. The same attributes that we recognized in Stillwater back in 1995, are what we are interested in promoting in our own backyard. The pool would serve as a small space that is safe and beautiful and can be enjoyed by all who visit us. As our older children draw closer to those teenage years, we are particularly mindful of providing both they and their friends a safe and fun place to gather, free of the dangers of texting and driving and other teenage mischief, and also allow for the physical activity that those children need to maintain healthy minds and bodies. We have a beautiful piece of property, extraordinary really. Countless times we have expressed aloud how lucky we are to own this small slice of heaven in this fantastic community. Our desire is to enhance our property by adding a pool. Our landscape plan will use materials that are consistent with those that have already been used in the development, and we will do our best to minimize the impact of the project on the surroundings (see original appeal). Our landscape plan calls for the removal of 11 trees, 5 or 6 of which are oak trees, and 2 of those are leaning precariously and will likely need to be removed regardless. We have hundreds of trees on the property that will not be disturbed. We love this spot, and will do everything in our power to maintain and preserve the remaining trees, the water quality of the lake and protect the natural beauty of our property. You have our word on it. As before, we invite you to come out and have a look, yourself. Know that we appreciate the time and energy you are spending on our request. Please feel free to contact us with any questions, and thank you from the bottom of our hearts. Sincerely, Ttirl�bYk'iSfilk Peggy and Mike Eiselt Michael and Peggy Eiselt 745 Liberty Ct Stillwater, MN 55082 October 14, 2012 Case Number: 2012 -33 Community Development Director Bill Turnblad Stillwater City Hall 216 North Fourth St Stillwater, MN 55082 Dear Mr. Turnblad: Received OCT 2012 Community Development Department We are writing to appeal the recent decision by the planning commission with regards to our request for permit to install a pool in our backyard. We respectfully feel that the planning commission made this decision in error as they did not distinguish between the tree removal in our yard area versus tree removal in the clearly defined no cut / no mow zone that is marked in all wooded properties along Long Lake. Our property is unique with regards to the Lakeshore Residence homes in that our house is one of the few that are situated nearly 500 feet from the lake. Furthermore, the planned pool area would be located almost 100 feet from the no cut / no mow region. We feel that the city code (Section 31- 303(b)) was meant to protect the no cut / no mow zone - not to extend this to the entire property — making it impossible for residents to make any property improvements regardless of the zone. We love our wooded backyard and believe strongly in preserving the buffer zone between the houses and the lake. Our proposed pool plans call for the removal of some trees that either lie right next to our house, are dead, or old and dying. Regardless, all of the proposed trees to be removed are located greater than 75 feet from the no cut zone. The Planning Department staff did provide an option for us to move forward with this property improvement based on conditions that would reduce the environmental impact. We would be happy to comply with these conditions that were set forth by the planning staff. We invite you, your staff, or any council members to contact us or stop by to view or discuss the project plans in further detail to answer any questions or concerns you may have. Sincerely, Mike and eggy Eiselt ** EXCERPT ** PLANNING COMMISSION MEETING MINUTES October 8, 2012 REGULAR MEETING 7:00 P.M. Chairman Dahlquist called the meeting to order at 7:00 p.m. Present: Chairman Dahlquist, Commissioners Buchanan, Hansen, Kelly, Kocon, Lauer, Siess Absent: None Staff: City Planner Pogge PUBLIC HEARINGS Case No. 2012 -33. A variance request for the installation of a swimming pool and associated retaining wall located at 745 Liberty Court in the LR, Lakeshore Residential District. Michael and Peggy Eiselt, applicants. City Planner Pogge explained the request and the site plan submitted by the applicants. They propose to grade, remove trees and add retaining walls to allow construction of a pool. They will not be impacting the conservation easement which is a "no -cut" area. He informed the Commission that Section 31- 303(b) of the Lakeshore Residential District states that a) no retaining walls may be constructed to create yard areas or sites for swimming pools; and b) no accessory building or use that results in the cutting of trees or clearing of vegetation are permitted. It would be nearly impossible to construct a pool on the property without a variance to the above standards. City Planner Pogge informed the Commission that staff recommends denial of the variance since it does not meet the practical difficulty standards of the code nor the criteria required for granting of variances. He showed a map indicating Eiselts' property and the no -cut, no -mow line. The ordinance is designed to minimize impacts to the Oak Savannah. Mike Eiselt, applicant, thanked the planning staff for their assistance. He explained that he and his wife have five children and see the pool as an opportunity to entertain not only their children and friends, but also clients as his local company continues to grow. He said the whole lot is "no -cut" so the "no -cut, no -mow" line is a moot point. The trees proposed to be removed are 75 to 125 feet away from the no- cut, no -mow area and are 400 feet away from the lake. He plans on replacing some of the trees in other areas once the project is underway. Page 1 of 2 Planning Commission October 8, 2012 Commissioner Siess asked about retaining walls planned for the pool. Mr. Eiselt responded the plan is to move the existing retaining walls a bit further from the house in two areas. They will be the same basic size and will not exceed the four foot maximum height. He presented a letter from a neighbor who was unable to attend the meeting, stating that they support the proposal. Debra Charpentier, 725 Liberty Court, stated there are a lot of trees in the area that should be replaced. She feels the applicants have done an unbelievable job on their landscaping and have a good size lot, so she supports the project. Commissioner Kocon stated he sees this as a case of the needs of the individual versus the law of the land. The arguments for the proposal are all sound, but zoning and comprehensive plan regulations prohibit it. Oaks are sensitive and are protected in this district. He feels the comprehensive plan must prevail. Commissioner Hansen agreed, stating it's not a practical difficulty. He respects the applicants' desire, but not every lot is suitable for every use; the restrictions in that area are there for a reason. Chairman Dahlquist added that whether the lot itself is suitable or not is part of the question. Some lots in the PUD were larger than others. Motion by Commissioner Kocon, seconded by Commissioner Hansen to deny the variance based on the presentation by staff. All in favor. Page 2 of 2 iliwater THE B I R T H P L A C E O F M I N N E S O T A Planning Commission DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: ZONING: HEARING DATE: REVIEWED BY: PREPARED BY: September 25, 2012 Michael Eiselt Michael and Peggy Eiselt Variances for construction of a pool 745 Liberty Court LR, Lakeshore Residential October 8, 2012 Community Development Director Michel J. Pogge, City Planne CASE NO.: 2012 -33 SPECIFIC REQUEST A variance to permit grading and tree removal in the LR zoning district to for the installation of an in ground pool. BACKGROUND Michael and Peggy Eiselt have submitted an application for a variance that would allow them to construct a pool and associated improvements at 745 Liberty Court. The Eiselts have lived at the property at 745 Liberty Court since 2005. Section 31 -303 (b) of the Lakeshore Residential (LR) zoning district states the following: (2) No retaining walls may be constructed to create yard areas or sites for swimming pools. No accessory building or use that result in the cutting of trees or clearing of vegetation are permitted. (3) The plans developed by the Eiselt's call for both the construction of retaining walls for the swimming pool and the clearing of trees for the pool'. It would be nearly impossible to construct a pool on the property without a variance to the above standards. 1 A pool is considered an accessory use per City Code Section 31 -101 #3. 745 Liberty Court - Eiselt Variances Page 2 EVALUATION OF REQUEST 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? No. The purpose of the code is to protect the natural area of the oak savanna present on the property and in the surrounding area. Disrupting the trees increases the likelihood of oak wilt and other tree diseases. The applicant in fact notes that oak wilt is a problem on their lot. If approved this could exacerbate the situation. If the trees are lost, it will not only impact the adjoining neighbors but also potentially the property owners along the east side of Long Lake. Also if the oaks are lost due to disease then the water quality of Long Lake could be damaged. Finally, this code requirement was implemented in 1998 prior to the development of Liberty on the Lake Woodlands in 2002. The very purpose was to protect the natural area and biodiversity that was present in the area. Staff finds the requested variances to be unreasonable. b. Is the plight of the landowner due to circumstances unique to the property? A majority of the lots zoned LR have tree coverage and topography that would make it difficult to develop a pool and meet the required code standards. Therefore, staff finds nothing unique with this property. c. Are the circumstances created by the landowner? The landowner did not create the set of circumstances associated with the property. d. If granted, would the variance alter the essential character of the locality? While this variance alone may not alter the essential character of the immediate neighborhood the potential of oak wilt or other disease could lead to irritable harm to the surrounding oak savanna that the code seeks to protect. A loss of these trees due to oak wilt or other disease would have a very real impact to the essential character to the all the homes along Long Lake. 745 Liberty Court - Eiselt Variances Page 3 e. Is the lone consideration an economic one? The major consideration is about add a pool to the property and is not about economics. 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 purpose of the code requirements is twofold. First, it is to protect the water quality of Long Lake and second is to protect the oak savanna that is prevalent on the west side of Long Lake and on this property. b. If granted, would the proposed variance be out of harmony with the Zoning Code? Yes. The very purpose of the code requirement was to minimize impacts to the wooded areas along Long Lake. While the pool itself will not been seen from Long Lake the potential to damage the trees is a very real concern. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? Yes. The area is noted in the City's comprehensive plan as one of three areas in the entire City as an "Exceptional Quality Natural Area ". Additionally, the area is the only area in the community that is a noted as a moderate biodiversity significant area by the DNR. The City's comprehensive plan states that the City would identify and incorporate sensitive natural resource areas in overall development design. The City did this with the development of the LR zoning designation and the requirements set fourth if the code. 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 LR, Lakeshore Residential. Pools are permitted uses in the LR District. 745 Liberty Court - Eiselt Variances Page 4 ALTERNATIVES The Planning Commission has the following options: 1. Deny the requested variances since an affirmative finding on the variance has not been found. 2. Approve the requested variances with the following conditions: a. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. b. Tree removal and grading shall be limited to the shown on the plans date stamped September 14, 2012 and on file in the Community Development Department. c. Impacted oak trees shall only be remove between November 1 and March 1. d. Place orange snow fencing on 5 -6 ft. steel fence posts (6 ft. on center) between construction area(s) and trees to be saved. Place it out from trunks 1 foot for every 2 in. of trunk diameter, as a minimum, farther is better. This is mainly to protect the root system but it also protects the trunk. Tree protection fencing shall be in place before any equipment appears on the site. e. Prune overhanging limbs which are in the way of construction, before construction, so they are not broken off. Pruning should occur only between November 1 and March 1. If outside that time frame, paint wounds immediately with latex paint or tree paint to avoid insect transmission of the oak wilt fungus to fresh wounds. f. If roots are uncovered and /or torn during excavation, cut root ends cleanly and recover with soil. g. Water trees which are to be preserved near or in the construction area(s) before, during and after construction, if during the growing season. Mulching root systems of trees within or near a construction zone with 4 in. wood chip mulch is beneficial to help minimize compaction of soil around roots and also to keep tree roots cool and moist. h. Do not pile construction materials, park vehicles, drive vehicles, wash out construction equipment or dump any refuse or chemicals in the root zone(s) of trees to be saved. The root zone of trees extends beyond the branch spread of the tree, unless the rooting area is constricted by pavement or other factors. 3. Table the request for additional information. RECOM MENDATION Staff recommends the first alternative. Attachments: Zoning & location map Site plan Neighborhood air photo Application materials PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit — Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Fee Paid: Receipt No.: Zoning Amendment* Planning Unit D Certificate of Compliance Lot Line Adjustment ved *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material are required. If application requires City Council review then a total of twenty -eight (28) copies are required to be submitted. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required – Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project ?tit-6 Assessor's Parcel No. Z.31 , 0 - ( r (027 ',� (GEO Code) Complete Property Legal Description *' " % j )0ck 3 . / 1 h,4., ovi e.jef t� I c ccl r,.zt 4j ( *Required – Applications will be rejected 'without a legal description) Tax descriptions and property descriptions from the county are not acceptable. 1 Zoning District C_-c - Description of Project /Yl Ye �i0t- t:> cr cxS "'z .f t 11 ✓i �L. L't' 1.(01,1-t "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner Mailing Address City - State – Zip Telephone No. Email jrr', Signature (Signa e1r required) S:APL ,NNINGA.FORMSyPLANF PP DOCX January 10, 2012 If other than property owner Representative Mailing Address City - State – Zip Telephone No. Email Signature (Signature is required) Check list for Planning Applications Incomplete or unclear applications /plans will be returned to the applicant and may result in delay of application processing. Check and attach to application. (The application form completed and signed by the property owner or owners authorized representative. h- complete legal description of subject property. Building planscleariy dimensioned and scaled (16 copies). The site plan showing exterior property lines, easements, lot width and depth and lot area building(s) location. (See attached site plan example, a parcel boundary survey may be required). adacent streets or right of ways labeled. 2" Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Historic District, additional design detail maybe required). [ Distances between all structures and between all property lines or easements and structures. Show Adjacent buildings to this application site and dimension from property line. All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. Show existing significant natural features such as rock outcroppings orwater courses (existing and proposed marked accordingly). Locate all off - street parking spaces, driveways, loading docks and maneuvering areaswith dimensionsfor driveway widths and parfdng space sizes. 4-- Pedestrian, vehicular and service points of ingressand egress; distances between driveways and street corners. Imo' Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. N1''yt Required and existing street dedications and improvements such as sidewalks, curbing and pavement (may et be required). Lv Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect and compatibility with adjacent uses or areas. ` A-Applications for new structures on dopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. Other such data as may be required o permit the planning commission to make the required findings for approval of the . cific type of app J.hcation. ApplicanfJ`owner signature Received Date 112 Community Development Department Mike and Peggy Eiselt 745 Liberty Ct Stillwater, MN 55082 September 12, 2012 Stillwater Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: Variance for installation of a swimming pool Liberty of Stillwater Variance to move and extend existing retaining walls to allow for swimming pool Dear Planning Commission: We are requesting a variance for the installation of a swimming pool at 745 Liberty Court in the Liberty development on Long Lake. A variance would allow us to shift and extend existing retaining walls and remove trees, several of which are old or dying, to make space for a pool in our backyard. In the current requirements for a lake shore residence, restrictions on constructing a retaining wall or cutting trees to make yard space for a pool inhibit our ability to enhance our property as many other homeowners in Liberty have done. Our house sits on just under two acres of wooded land, situated along the west side of Long Lake. Our home is well over 200 feet from the shoreline of the lake, which is unique when compared to other properties along the lake. Much of the property is heavily wooded such that our home is not visible during the summer months from most neighbors, the lake, or the walking path that runs along the north side. Our back yard contains a couple of existing retaining walls that we would like to shift and extend to allow room for a pool. In addition, we have a number of trees that lie outside the no cut zone that we would like to remove to allow space for the pool. As stated earlier, many of these trees are old and dying, despite our attempts to treat them for oak wilt. As our landscaping plan provided by Oak Meadows Landscaping and Design shows, we feel we are making significant improvements to the value and usability of our back yard while maintaining the character of our neighborhood and providing a safe and fun place for our 5 children, neighbors and friends to gather. Thank you for reviewing our request. If you would like to meet on site or discuss our plans further we would be more than happy to do so. Thank you, Mike and P gy Eiselt Home Phone: 651 -351 -9225 Mike's Cell: 651- 247 -3303 Peggy's Cell: 651 - 295 -0099 R cc£ve NATURAL STONE STEPS BOULDER WALL X W = Q / i E 1 w U D w O 7 QezQ d. - Ul Z U Q 0 L- 0 n w Q 0 0 O 0 0 U Q STAMPED AND COLORED CONCRETE POOL DECK BOULDE - -- 10 LF BOULDER WALL E W/ DOUBLE GATE 0 z - NATURAL STONE STEPS -- FLAGSTONE - NATURAL STONE STEPS BOULDER WALL 9 71 U 0 O w O 0 0 4 0 0 m STAMPED AND COLORED CONC. STOOP /STEP BOULDER WAL NATURAL STONE STEPS LDER WALL 0 RELOCATE EXI5T FLAW ARE FLAGSTONE PATH -- 4 o Q f W U X Z X 0 i z O0 4-7_ "O w�= aw 0 N REFRIDGERATCR, STORAGE EXTERIOR KITCHEN W/ BUILT IN GRI LF BLACK METAL WICKET FENCE TO MATCH EXIST. - 0 X t- X Q CL Q q w = w a 0 0 0 0 - POOL EQUIPMENT PAD N 0 0 \ EXIST. PATIO I I EXIST. BOULDER RETAINING WALL \,.. 41110•11 — _ 1 _.----/— REMOVE EXIST TREES SHOUN WITH / x5,FTEYcPlEsSEE NOTES FOR SPECIFIC • N i 1 , 0 ELE NOTES. SPECIFIED FOR REMOVAL SHALL 6E 1 1 1 ...E lip TREES REMOVED COMPLETELY, INCLUDING STUMPS irt,) AND ROOT SYSTEMS, AS DISCOVERED DURING CONSTRUCT ION 11 I l )/ < F:‘‘ 4 REMOVALS AE,' SHOWN ON PLAN 6 - 04K SPECIES, SIZES VARY 1 5 - MAPLE SF'ECIES, SIZES VARY I - ELM (DEAD) — — — / REMOVE EXIST TREES SHOWN WITH EXIST. SHED x, TT F. SEE NOTES FOR SPECIFIC SPECIES PROTECT EXIST TREES TO REMAIN, TYP — eceivnci. M P ak dows , - ; .s, 11:Negaciigorl, Irsem. EXISTING CONDITIONS 0 Personal and Professional Landscape & TREE REMOVAL ,,, 91120012 Installation • Renovation • Msistanee Re.orxL, # EISELT RESIDENCE 1 = 20-0" tfi51) 2404)950 • Fax (6511 493-1175 cnmmunIty Develoornemt DepartrrK-n. INFW!",-,i www oaLmeadowslandscapc Lunn STILLWATER, MN 10 –0 0 20 –0 L-1 023 Crouthuven DrIve• South Smut Paul • Minnesota 55075 y • r* —, . e , --A .1. ••• • AP rd° t•••••• • 4.■ • • ■■••.. •-• C • • ir q-g 0 0. K 4 Y.4 6 rl 0 CERTIFICATE OF SURVEY 1) ELEVATIONS ARE NGVD MEAN SEA— LEVEL, 1929 ADJUSTMENT U F Q W J N ag ob 0 ■ � z ro 6d z w 3 • N 0 o0 0 • BASED ON THE RECORDED V) N N 0 N CD oU n ' x a o 0 N Ngo 1 Q U W ro 3 E Z TO ANY CONSTRUCTION DENOTES EXISTING DRAINAGE DIRECTION P z 0 6 F CD O z N 6 5F 00 � U S f' WOODLANDS \-,1 V 1,C )111" t NO0 °06'25 "W 105.07 35.00 a � O o� 8 ,c, a Oj S07 °51'09 "E __W'-- L62.07J N x♦ =e 00 0 LB'61 O u BST! a $I 'Bf p OS'Bt o” vi 8 O " N a l "'o Court o‘, oz•ggr a- „8t,9J°00■ Q s of this map are crimp sealed Note: Official C rickson, Inc. — All Rights Reserved Westwood Professional Services, Inc 7599 Anogrom Orive Eden Proirie, Me 55344 (672) 937 -5750 207 1705360 3C 05. y • r* —, . e , --A .1. ••• • AP rd° t•••••• • 4.■ • • ■■••.. •-• C • • ir q-g 0 0. K 4 Y.4 6 rl 0 CERTIFICATE OF SURVEY 1) ELEVATIONS ARE NGVD MEAN SEA— LEVEL, 1929 ADJUSTMENT U F Q W J N ag ob 0 ■ � z ro 6d z w 3 • N 0 o0 0 • BASED ON THE RECORDED V) N N 0 N CD oU n ' x a o 0 N Ngo 1 Q U W ro 3 E Z TO ANY CONSTRUCTION DENOTES EXISTING DRAINAGE DIRECTION P z 0 6 F CD O z N 6 5F 00 � U S f' WOODLANDS \-,1 V 1,C )111" t NO0 °06'25 "W 105.07 35.00 a � O o� 8 ,c, a Oj S07 °51'09 "E __W'-- L62.07J N x♦ =e 00 0 LB'61 O u BST! a $I 'Bf p OS'Bt o” vi 8 O " N a l "'o Court o‘, oz•ggr a- „8t,9J°00■ Q s of this map are crimp sealed Note: Official C rickson, Inc. — All Rights Reserved Westwood Professional Services, Inc 7599 Anogrom Orive Eden Proirie, Me 55344 (672) 937 -5750 207 1705360 3C 05. ORDINANCE 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. Amending. 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. 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 30th day of October, 2012. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Ji1water T H E B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: October 24, 2012 COUNCIL DATE: October 30, 2012 RE: Armory Use Agreement BACKGROUND As the Council knows, the City committed to giving the Minnesota State Armory Building Commission (the "MSABC ") property for a new National Guard Readiness Center (aka armory). The armory project has now progressed to the point that requires transfer of title on the site to the MSABC. DISCUSSION Prior to transfer of land title, an agreement needs to be entered into amongst the City, the MSABC and the Minnesota Department of Military Affairs. The main purposes of the agreement are to: 1) stipulate that the portion of the property needed by the City for the Fire Station will be transferred back to the City upon request; 2) that if the armory is not built, the land will transfer back to the City; and 3) as more details are worked out regarding City and public use of the armory, the sharing of costs and maintenance responsibilities will be formalized in a lease that will be attached to the agreement. REQUESTED ACTION Adopt the attached resolution approving the armory use agreement. bt attachments: Resolution of approval Armory use agreement USE AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION AND THE CITY OF STILLWATER WHEREAS, the Minnesota National Guard, Department of Military Affairs, State of Minnesota, through the Adjutant General (hereinafter the "State ") and the Minnesota State Armory Building Commission (the "MSABC ") has been in contact with the City of Stillwater (the "City ") regarding a desire to construct a new National Guard Readiness Center in the City; and WHEREAS, the City acting by its City Council has encouraged said construction for several reasons: It deems the National Guard to be an organization necessary to protect the public's health, safety and general welfare and as a patriotic civil organization deserving of the City Council's support. It recognizes that construction of a facility can be coordinated with possible future construction of a city Fire Station and Assembly Hall expansion. The facility provides the potential for additional public use facilities and, therefore, maximizes the use of capital investments by the public; and WHEREAS, the City staff and representatives of the State and the MSABC have met and discussed the many details that will arise as a result of this building effort and the financial obligations which will be assumed by the State, MSABC and the City and it is deemed advisable to set forth the agreement of the parties herein; and WHEREAS, in consideration of, and as an inducement to the construction of the Facility in the City, which can be used for activities of City concern, the City has stated its intent to transfer approximately 18 acres of land described in Exhibit A (the "Property ") to the MSABC for the purpose of constructing the Facility; and WHEREAS, the MSABC has authority to acquire real estate under Minnesota Statutes Section 193.143(1); and WHEREAS, the MSABC acquisition of the Property would be for the specific purpose of constructing the Facility and would be subject to the provisions of Minnesota Statutes Chapter 193 and construction of the Facility would be contingent upon the availability of federal funding for the construction of the Facility; and 1 WHEREAS, if the Facility is not constructed on the Property, the Property shall be re- conveyed to the City in accordance with Minnesota Statutes Section 193.144, subd. 6; and WHEREAS, the transfer of the Property is intended to be made in accordance with all other applicable provisions of Minnesota Statutes Chapter 193; and WHEREAS, design work for the proposed Facility has commenced under a federally funded contract. A design Charrette was held in May 2012 to further refine the plans for the Facility. It is currently projected that the construction contract for the Facility will be put out for bids in the spring of 2014. Construction is planned to begin approximately May 1, 2014, dependent upon when the ground is thawed and weight restrictions on roads near the site are lifted. All projected dates are subject to the availability of federal funding; and WHEREAS, the City is taking appropriate action for the purpose of acquiring appropriate improved access to the Property. The City shall endeavor to establish this access as soon as possible. The transfer of the Property will not be delayed by the process of acquiring this improved access; and WHEREAS the design of the Facility shall be accomplished so as to permit the co- location of a City funded Fire Station and gymnasium expansion NOW, THEREFORE, the parties, in consideration of the terms and conditions herein, agree as follows: Recitals 1. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 2. The City shall have input in the design of the Facility. The City's input shall, however, be limited to local building code issues, and the compatibility of the Facility and its exterior with the remainder of the City's proposed Fire Station and Assembly Hall expansion. 3. The City, State, and MSABC agree to coordinate and cooperate to insure that the Facility grounds, and the Facility itself, are maintained in accordance with area standards. 4. At such time as the City desires to construct its fire station, the portion of land necessary for its construction and use, and mutually agreed upon by both parties, will be transferred back to the City of Stillwater. 5. Future development of the site will be generally consistent with the master plan found in Exhibit B to this agreement. 6. The City of Stillwater shall be responsible for costs associated with the demolition buildings and dwellings currently on the site which consist of two rental dwellings and one abandoned farm site. The City will be permitted to retain the rental income from the two dwellings until such time as the MSABC provides notice that those areas are needed for the 2 purpose of constructing the armory site. The MSABC shall provide no less than 90 days notice to the City for the purposes of cancelling leases in effect for the two dwellings. The city shall be solely responsible for all costs and liabilities associated with the two rental dwellings. 4. Use of MSABC /State Owned Facility . a. The City's use of the Facility premises shall be governed by Minnesota National Guard Regulation 420 -70 (1 April 2003), by the standard National Guard Armory Lease (the "Lease ") prescribed therein. An executed copy of the Lease shall be attached, to this Agreement as Exhibit C and will become incorporated herein by reference. On the basis of the space and time utilized under this Lease and future leases with the City, the City will pay a pro rata share of operating costs including janitorial service, snow removal, grounds keeping, water, sewer, electricity, heating and other services and utilities. The City agrees further that it will pay a pro rata share of major maintenance or improvement (sometimes called "repair, replacement or betterment ") to the Facility where such major maintenance or improvement is required because of the City's use of the Facility. The term of the Lease, attached hereto and made a part hereof shall not alter or modify the terms or conditions of this Agreement, it being the intent of the parties in executing the Lease that the parties will annually review and establish the City's use schedule and the City's schedule of its pro rata share of operating costs, based upon the use and costs for the previous year. Direct services provided by either party allocable to the other parties share of operating costs shall be credited to the providing party's pro rata share of operating costs. Adjustments shall be made at the end of each year to the schedule of payments or credits entered based upon the reasonable costs for service provided by the providing party. b. It is agreed and understood that the facility is primarily for use by the Minnesota National Guard and that military activities must take precedence over any use by the City. In the event that the City determines and desires to construct an expansion to the Assembly Hall, the City and the State shall cooperate to avoid any conflicts between uses. The state shall provide the city with a written schedule of National Guard use of the shared portions of the Facility one year in advance. This schedule will become part of the Lease. The city shall have use of the shared portions of the facility on any dates that do not conflict with military use. It is understood that the schedule may change from time to time, and the State shall give reasonable notice to the City in such cases. Any revenue - producing uses other than to the City itself shall be contracted by the State directly with the user. c. Mindful that a precise division of operating costs between the City and the State may, at this time, be impossible or impractical, it is understood that the parties will mutually agree to a reasonable formula designed to approximate such a pro- ration based upon the experience of the preceding 12 months of occupancy. The formula will be Attachment B to the Lease. The formula will be reviewed annually, or more frequently by mutual agreement of the parties. Payment of these operating costs by the City to the State shall be on an annual billing basis. Contribution by the City of services or utilities in kind may be substituted for cash payment by prior agreement with the State if such is 3 deemed by both parties to be in their mutual best interest. For the initial 12 -month period prior to the aforementioned formula being established, the City will compensate the State in cash and /or in services in an agreed sum or manner which will bear a reasonable relation to the City's usage of the Facility. 6. The City shall have personnel at the Facility at all times during City use of the Facility and shall secure the Facility when City personnel are not present. 7. It is understood by the parties that other questions may come up during construction and during operation of the Facility. Both parties pledge their cooperation to make this work for the public benefit. The parties agree to cooperate in every reasonable manner to erect and operate the Facility, which first and foremost shall be considered a military structure for use by the National Guard and secondly, shall be considered a public facility for use by the public and City. 9. This Agreement shall remain in force for a period of five years commencing from the date the National Guard Armory is available for use. The City may renew this Agreement for four additional five -year terms upon ninety (90) days written notice to the State prior to the expiration of any five -year term. Amendments to this Agreement may be made upon mutual approval by the parties after 30 days written notice to amend. The parties may waive, by mutual consent, the notice requirements in this paragraph. 10. The State shall be responsible for maintenance of any specially fenced secure area for military vehicles or any accessory building utilized to store state or federally -owned equipment, and shall be responsible for maintenance and repair of shared areas incident to and after use by the National Guard. The City shall have personnel at the Facility at all times during City use or City generated lease of the Facility and shall be responsible for maintenance and repair and securing the Facility when personnel are not present. A separate Maintenance Agreement shall be entered into by all parties to this Agreement. 12. The State agrees that the facility will be planned in such a manner to allow construction at City expense of a future assembly hall expansion. Adequate space for such future expansion of the Facility shall be planned for and depicted (as a dotted line -- "future expansion area ") on the site plan for the Facility as initially constructed. 13. Any amendment to this Agreement must be in writing and signed by all parties. 14. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 15. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota and the United States of America. To the extent permitted by applicable law, any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 4 16. Any obligation to spend money pursuant to this Agreement shall be limited to amounts properly appropriated and available for such purposes. 17. The parties agree and acknowledge that the MSABC will transfer all its right title and interest in the facility and in this agreement to the State in accordance with Minnesota Statutes Chapter 193. The parties further acknowledge and agree that upon such transfer, the State will assume all the rights, powers, obligations and responsibilities of the MSABC under this Agreement. 18. Any notice, demand, or other communication under this Agreement by any party to another party shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the State: State of Minnesota Department of Military Affairs 20 West 12th Street St. Paul, MN 55155 (b) as to the MSABC: (c) as to the City: Minnesota State Armory Building Commission Veterans Service Building 20 W 12th Street St. Paul, MN 55155 City of Stillwater 216 N. 4th Street Stillwater, MN 55082 Attn: City Administrator or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other as provided in this paragraph. [The Remainder of this Page Intentionally Blank.] 5 APPROVED: Parties: State of Minnesota Minnesota State Armory Building Department of Military Affairs Commission By: By: Title: Adjutant General Title: Executive Director Date: , 2012. Date: , 2012. City of Stillwater By: By Title: Mayor Title: City Administrator Date: , 2012. Date: , 2012 6 EXHIBIT A LEGAL DESCRIPTION Parcel 1: That part of the West 1/2 of the Northwest 1/4, Section 29, Township 30 North, Range 20 West, described as follows: Commencing at the West 114 corner of said Section 29; thence Easterly along the East -West 114 line, a distance of 460 feet to the hereinafter referred to "Point B "; thence continuing Easterly, along said East -West 1/4 line, a distance of 295.8 feet; thence Northerly parallel with the West line of Northwest 1/4 to the point of beginning at the point of intersection with the Northerly right of way line 75th Street North as described on Document No. 345261; thence continuing Northerly, parallel with said West line of the Northwest 1/4 to the center line of Boutwell Road North; thence Northwesterly, along said center line of Boutwell Road North to the point of intersection with a line drawn Northerly, parallel with said West line of the Northwest 1/4 from said "Point B "; thence Southerly, along said parallel line to said Northerly right of way line of 75th Street North; thence Southeasterly, along said Northerly right of way line to the point of beginning. Together with an easement for ingress and egress over, under and across the part of the West 112 of the Northwest 1/4, Section 29, Township 30 North, Range 20 West, described as follows: Commencing at the West 1/4 corner of said Section 29; thence Easterly; along the East -West 1/4 line a distance of 755.80 feet; thence Northerly parallel with the West line of said Northwest 1/4, a distance of 1102 feet, to the point of beginning; thence Northeasterly deflecting to the right 5 degrees 40 minutes, a distance of 355 feet, more or less, to the point of intersection with the center line of Boutwell Road North; thence Northwesterly, along said center line of Boutwell Road North to the point of intersection with a line drawn Northerly parallel with the West line of said Northwest 1/4, Section 29 from the point of beginning; thence Southerly, along said parallel line to the point of beginning. EXHIBIT A (cont) LEGAL DESCRIPTION Parcel 2: That part of the Southwest Quarter of the Northwest Quarter, Section 29, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the West quarter corner of said Section 29; thence Easterly, along the East -West quarter line, a distance of 755.80 feet; thence Northerly, parallel with the West line of said Northwest Quarter, a distance of 777 feet to the point of beginning; thence Easterly, at a right angle 373 feet, more or less, to the West line of the East 189.75 feet (11.5 rods) of said Southwest Quarter of the Northwest Quarter; thence Southerly, along said West Iine to the Northerly right -of -way line of 75th Street North as described on Document No. 345261; thence Northwesterly, along said Northerly right-of-way line to the point of intersection with a line drawn Southerly parallel with the West line of said Northwest Quarter, Section 29 from the point of beginning; thence Northerly, along said parallel line to the point of beginning. Parcel 3: That part of the West 1/2 of the Northwest 1/4, Section 29, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 29; thence Easterly, along the East -West Quarter line, a distance of 755.80 feet; thence Northerly, parallel with the West line of said Northwest 1/4, a distance of 777 feet to the point of beginning; thence Easterly, at a right angle 373 feet, more or less, to the West line of the East 189.75 feet (11.5 Cods) of said West 1/2 of the Northwest 1 /4; thence Northerly, along said West line to the center line of BoutweIl Road North; thence Northwesterly, along said center line of Boutwell Road North to the point of intersection with a line drawn Northerly parallel with the West line of said Northwest 1/4, Section 29 from the point of beginning; thence Southerly, along said parallel line to the point of beginning. EXHIBIT B BUILDING LAYOUT PLAN AND SITE PLAN FOR THE FACILITY [N. C'ah::t• Alai nen Certe. .aih eiu:er iwcti Nam •gain n arsmq ■Gri num as ciao, amp Mal ors 1, MASIN 44711; r11C11 .211 Or itani WAS NI/ Ira ?NW gv P•okl r iA11►W 4•Hli •41106. iqi fIF I u.nanN a■w* 0- • • Parted= • EXHIBIT C (Future Lease Agreement) APPROVAL OF USE AGREEMENT BETWEEN THE MINNESOTA STATE ARMORY BUILDING COMMISSION AND THE CITY OF STILLWATER BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between the Minnesota State Armory Building Commission and the City of Stillwater for the joint use of the new Stillwater Armory is hereby approved and authorizes the Mayor and City Administrator to sign the agreement. Adopted by the City Council of the City of Stillwater this 30th day of October, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Ji1water T H E B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Councilmembers FROM: Bill Turnblad, Community Development Director DATE: October 25, 2012 RE: Parking Violation Fines BACKGROUND At the October 2, 2012 meeting the City Council adopted Resolution 2012 -164. It approved an increase in parking violation fines from $5 to $15. It also set the total cost at $20 if the initial $15 ticket is not paid within 10 days and $35 if not paid within 20 days. DISCUSSION Basic fine. Previously the basic fine for not paying to park in a pay lot was $5. Staff recommended increasing this amount, since the $5 fine was no higher than the actual parking fee for some lots. The Council raised the cost of parking fines city -wide to $15. Late fee. Prior to adoption of Resolution 2012 -164 the City charged a $25 late fee in addition to the basic fine if it was not paid within 10 days. So, after 10 days, the parking violation used to cost $30 ($5 base fine plus $25 late fee). Now the same violation would only cost $20 after 10 days. The previous $25 late fee was an amount agreed upon through negotiations with the Washington County court system. STAFF RECOMMENDATION Staff agrees with the $15 fine amount that was established October 2nd, but would recommend amending Resolution 2012 -164 by dropping all of its language related to late payment. The net effect of this action would be to keep the $25 late fee that is currently in place with the court system. Consequently, any violation fine paid after 10 days would cost $40 ($15 basic fine plus a $25 late fee). bt attachment: Amended resolution RESOLUTION 2012 -164 APPROVING PARKING VIOLATION FINES WHEREAS, the Downtown Parking Commission recommends that the parking violation fine be increased. NOW THEREFORE, BE IT RESOLVED, by the City Council of Stillwater, MN that parking violation fines will now be as follows: $15.00 fine for initial parking violation $20.00 if parking violation not paid within 10 days $35.00 if parking violation is not paid within 20 days. Adopted by the Stillwater City Council this 2nd day of October, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Administrator T H E B I R T H P L A C E O F MINNESOTA Memo Community Development Department To: From: Date: Re: Message: Bill Turnblad Michel Pogge, City Planner October 24, 2012 Request from Chuck Hoffman to permit a temporary fabric structure on property located at 2250 Orwell Ct N Mr. Chuck Hoffman of 2250 Orwell Ct N recently installed a temporary fabric covered storage shelter in his front yard. In response to the shelters, the City received a number of complaints from surrounding property owners. Staff visited the site and advised Mr. Hoffman that the fabric structure violated City Code since it was 1) located in the front yard and 2) was a second accessory building greater than 1000 sq. ft. Mr. Hoffman discussed the issue with City Staff and due to medical issues he has requested that he be permitted to keep the structure until this spring when he would remove it. There is precedence for the Council in granting 6 month exceptions for these types of structures and since the ultimate outcome will be the removal of the structure in the spring, staff believes his request is reasonable. 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Before you start: 3+ individual recommended for assembly, approximate time 2 hr. 12/7/10 Page 1 Canada: 1- 800 - 559 -6175 05- 62668 -OH MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 26th, 2012 Subject: Request to hire consultant for MS4 Stormwater Management Program DISCUSSION The Minnesota Pollution Control Agency (MPCA) in the process of finalizing the requirements for improved stormwater management in the state. These requirements need to comply with the new federal National Discharge Pollution Discharge Elimination System (NPDES) stormwater rules. Since the City is designated as a Municipal Separate Storm Sewer System (MS4) city, we will need to comply with the new rules by revising and updating our current permit. The current permit was last approved and been in effect since 2007. This revised permit will shift efforts from the initial focus on permit program development to measuring program implementation. Staff has received two quotes to update our current Stormwater Pollution Prevention Program (SWPPP), with WSB & Associates (WSB) submitting the lower quote of $21,300. WSB has worked on the initial SWPPP in several metro communities and is been closely involved with MPCA on the requirements of the new permit regulations. WSB's work would be split into three stages. Stage 1 would assess our existing program and determine any deficiencies in the new permit. Stage 2 develops a stormwater management plan summary to the MPCA which will be required 120 days after the issuance MS4 NPDES permit. Stage 3 will update our current SWPPP, identify partnerships, develop standard operating procedures, and enforcement responses. RECOMMENDATION Staff recommends WSB & Associates be selected to assist the City with updating its MS4 Stormwater Management Program in the amount of $21,300. ACTION REQUIRED If Council agrees with the recommendation, they should pass motion approving WSB & Associates to assist the City in updating its MS4 Stormwater Management Program. ll 1\■'‘ e r � THE SIATNILACE Of MINNESOTA WSB & Associates, Inc. Engineering • Planning • Environmental • Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 -541 -1700 1 May 1,2012 Mr. Shawn Sanders, PE Public Works Director /City Engineer City of Stillwater 216 N 4th Street Stillwater, MN 55082 1 Re: Request for Authorization to Begin MS4 Stormwater Management Program Dear Mr. Sanders: 1 WSB & Associates, Inc. is very pleased to have the opportunity to assist your community with compliance to the NPDES MS4 general permit. The WSB approach to reviewing and developing changes to a MS4 program is described in stages below. The costs associated with these tasks will vary depending on availability of 1 information and the existing program the City of Stillwater (the City) has established. 1 At this time, it's pertinent for the City to continue to operate and perform activities according to the existing permit. This includes the Annual Report and the Annual Meeting for activities that were completed in 2011. In addition to the 2011 activities, it is in the City's best interest to move forward with Stage 1 of the program listed below. This will allow the City to understand the alignment of its current program with the proposed changes in the revised MS4 permit. The information gathered from the completed assessment and gaps analysis will aid in determining the costs associated with additions the City may want to include in its revised program. This can benefit the City by assessing these changes well in advance of the 120 -day deadline for submittal of a summary of program elements, after the issuance of the new final MS4 permit by the agency. It also allows the City to take a comprehensive look at all elements of its stormwater program, along with jthe analysis of other related issues like a citywide stormwater utility fee. This is an excellent process of going through a documented self- assessment procedure, while verifying permit responsibilities at the time of a personnel change. The following work plan details the tasks associated with our understanding of the City's needs for NPDES MS4 permit program review and program compliance. 1 1 3 3 2 2 2 i loa.2.11, THE EICTHPLACE OF MINNESOTA STAGE 1 3 3 I. EXISTING PROGRAM ASSESSMENT (April- September 2012) 3 WSB's MS4 project team will assist you with assessment of the current Stormwater Pollution Prevention Program (SWPPP). This assessment will give the City a better 3 understanding of the program and how you are meeting the requirements of the current MS4 general permit. This assessment will also begin to track costs and budget numbers for the City to comprehensively understand the implementation costs, costs of any • potential program changes, and how to properly budget for these changes. • II. GAPS ANALYSIS (April- September 2012) II • The revised MS4 general permit is scheduled to be released in May of 2012. The draft • version of the permit is currently available for review. The draft permit has outlined . specific tasks that will need to be implemented in the new Stormwater Management Program (SWMP) that the City will be required to implement. The new requirements • are in -line with the federal EPA standards that were also recently released. We do not anticipate any major changes to the draft permit before the commissioner of the MPCA ■ signs it into law. The Gaps Analysis Report will help the City determine where the current program will have • deficiencies according to anticipated new MS4 general permit. The gaps analysis will also • identify the costs of any potential changes so the City is able to make decisions on how to • build or expand on any existing program components. This gaps analysis will begin to lay • the foundation for the anticipated necessary program changes, along with providing an r • opportunity for the City to prioritize. ■ 1 ■ 1 s A WSB & Associates, inc. X 0 z ilkater • THE EINTHFLACE OF YINMEBCIA 3 3 • 3 STAGE 2 • I. DEVELOP 2012 RECORD OF ACTIVITIES 3 WSB will meet with City staff to outline and update activities that need to be completed for • the current year of the MS4 Permit. WSB staff will meet with your staff to review the MS4's SWPPP and activities required to fulfill the current MS4 permit requirements. 3 WSB will prepare a reporting and tracking method for staff to easily document BMP deadlines, responsible staff, and develop an implementation schedule for 2012 for the Record of Activities. • II. STORMWATER MANAGEMENT PLAN SUMMARY • WSB will assist the City in completing the summary forms provided by the MPCA • 3 commissioner that are requested as part of the SWPPP update. The SWPPP summary will include partnerships, regulatory mechanisms, enforcement response procedures, status • of stormwater inventory, and a summary of each minimum control measure. The City • is required to submit the summary 120 days after the issuance of the new MS4 NPDES general permit. 3 X STAGE 3 3 I. UPDATE AND REVISE EXISTING SWPPP TO MEET REVISED PERMIT STANDARDS The MPCA's draft version of the MS4 permit potentially involves extensive changes to the current SWPPP program as developed by the City. The stages of the WSB MS4 Stormwater ■ Management Program will position the City to make a smooth transition from the currently • permitted SWPPP to the proposed changes to the MS4 permit. II A WSB AMMINM 1 & Associates, Inc. 3 3 3 3 3 3 7 3 3 3 3 3 3 3 3 1 1 1 1 1 1 1 1 1 1 1 II - WSB & Associates, Inc. • • • • • • illw THE EIETMf IA CF Of MINNESOTA II. IDENTIFY PARTNERSHIPS (AFTER ISSUANCE OF NEW PERMIT) Under the new permit, the City is authorized to enter into partnerships with other entities on the design, implementation, and enforcement of one or more requirements of the new MS4 general permit. Once the permit is issued, WSB will help determine who and what partnerships can be mutually beneficial and will help develop partnership agreements. One of the more critical changes in the upcoming permit is the need for these partnerships to become well documented and more delineated. WSB will draft language for the City to integrate and become standard with each partnership to meet the criteria. III. STANDARD OPERATING PROCEDURES (AFTER ISSUANCE OF NEW PERMIT) • • To continue to build a strong SWMP, standard operating procedures (SOPs) must be • • developed. These procedures will give City staff consistent procedures to carry out an operation or deal with a situation. WSB will help City staff develop these procedures to • • make certain that public works and other entities within the City are completing tasks as • outlined. SOPs will be created for pollution prevention /good housekeeping, inspections and maintenance, inspections of constructed ponds and constructed wetlands, employee • • training, and operation maintenance program documentation. These SOPs will be drafted • in accordance with the federal guidelines. I• V. ENFORCEMENT RESPONSE PROCEDURES (AFTER • ISSUANCE OF NEW PERMIT) • • One significant change to the requirements for future permit and SWMP submissions is that the regulatory agencies have more clearly identified their minimum requirements for • • the creation of Enforcement Response Procedures (ERPs). This review and update process • will give the City strategies to enforce and compel compliance with previously developed regulatory mechanisms. In addition, this update will meet the minimum requirements for • • agency approvals. WSB will help the City develop the ERPs that will describe procedures • and circumstances for the implementation of verbal warnings, written notices, and escalated enforcement measures. O WSB & Associates. Inc. I I a ,t e INF SIATNIIAtE OF MINNESOTA • The estimated engineering fee to complete Stage 1 is $5,500. This cost would be billed as an hourly rate at a cost not to exceed $5,500. All other tasks will be separate work plans billed as hourly or other directive ordered by the : City. • This letter represents our complete understanding of the MS4 regulatory program and the proposed scope of services. If you are in agreement with the scope of services and • proposed fee, please sign in the appropriate space below and return one copy to us. • We appreciate the opportunity to share this proposal with you, and look forward to • working with the City of Stillwater to efficiently bring your Stormwater Management Program into compliance. If you have any questions about this proposal, please call me at 763- 287 -7147. • ; Sincerely, • WSB & Associates, Inc. • • • J- rnifer Hildebrand, CPESC, CPSWQ Environmental Compliance Specialist STAGE 1 ACCEPTED BY: : City of Stillwater . Name Signature : Title Date O THE AIATNALASE Of MINNESOTA EXPERIENCE • WSB staff has a vast knowledge base in stormwater regulation and proven record • • of successfully attaining NPDES compliance for our clients in their various permit • requirements. Our general experience is summarized below. Descriptions of our work for • three individual communities are attached. MS4 PERMITTING • In 2006, our project team prepared MS4 Storm Water Pollution Prevention Programs • (SWPPP) for 20 Phase II communities throughout Minnesota. During this time, WSB identified the needs of these MS4s to meet their permit compliance. • In response to these common needs, WSB's MS4 team developed and implemented the MS4 Permit Assistance program. Participants in this annual program fulfill the MS4 permit • requirements of staff training, annual reporting, regulatory mechanisms (ordinance • development), facility inspection /mapping, and public education. • In addition, WSB developed a method of inter - department collaboration for implementing the SWPPP, known as the Record of Activities (ROA). This multi -year reporting matrix allows the MS4 to easily coordinate and keep track of each permit requirement and • responsibilities between numerous City staff in multiple departments. The goal of the ROA is to provide a simple pathway and reference to assist staff in navigating through a MPCA permit and prepared for annual reports and potential audits. • WSB's MS4 team has assisted the City of Coon Rapids, Laketown Township, and Anoka County during the MPCA Phase II audit process. Document preparation, representation • during the MPCA audit, and follow -up MPCA correspondence are a few services WSB has • provided. WSB staff is very proud to mention that audit results did not identify any potential MS4 permit violations in these communities. • As audits continue to be mandated by the EPA (via the MPCA), the City of Stillwater can be assured that WSB staff have the experience and expertise to ensure a fair evaluation of the • MS4 program. WSB & Associates, Inc. O Shawn Sanders From: Jennifer Hildebrand [jhildebrand @wsbeng.com] Sent: Monday, May 21, 2012 4:50 PM To: Shawn Sanders Cc: Jay Kennedy Subject: FW: Stillwater's MS4 Program Services Attachments: LTR PROP Sanders Work Plan MS4 2012 Stillwater.docx Dear Shawn, Jay Kennedy mentioned you were looking for some numbers regarding the specific services outlined in the proposal WSB provided. He also mentioned that you were interested in receiving these figures today. I left a voice message earlier today to clarify a few details with you; however, in case you needed these estimates prior to our conversation I wanted to be sure we provided what we promised. As I understand you were interested in the cost of the additional stages detailed in the proposal. I have attached the letter format of this proposal for your convenience, and review. As detailed, stage 1 of this proposed approach would cost approximately $5500.00. As I understand you were interested in an estimate for the additional stages. Please see the below estimate, based on the final permit changes approved by the Minnesota Pollution Control Agency. Stage 1 Estimate: $5500 Stage 2 Estimate: $6500 Stage 3 Estimate: $9300 Of course, these estimates are based on the data 1 was able to deduct from the City's existing MS4 program as published online. If there are changes or processes in place that merit some of these activities unnecessary, these amounts could be substantially lower than originally estimated. In addition, Jay mentioned you were interested in an estimate on having WSB manage all MS4 activities for the City. As I understood, you intended this management role to include documentation, public meetings, training, public outreach, inspections, and maintenance activity documentation. Estimating this amount is a bit challenging because there are so many details of the City's program yet not known. However, assuming the historical actions of the City and the details as described within the existing SWPPP; WSB estimates this requirement for program management at approximately 60 hours per month (10 -15 hours per week). If my assumptions regarding the conduction of inspections, or the completion of documentation is not accurate please let me know and I would be more than happy to adjust the estimate of needed hours based on the specific needs for the City of Stillwater. I would be more than happy to discuss these estimates in person with you at anytime. I understand the importance of these estimates for budgeting and management purposes. I would be able to provide you with significantly more detail that describes each task or activity based on the City's specific needs. Please feel free to let me know what additional information I might be able to provide in order for the City of Stillwater to make decisions regarding their MS4 program's management needs. I am looking forward to working with you in the future. Regards, ,Jennifer Hildebrand Environmental Compliance Group Manager d: 763 -287 -7147 I c: 612- 760 -418(3 WSB & Associates, Inc. 1 701 Xenia Avenue South, Suite 300 I Minneapolis, MN 55416 1 List of items the city will have to update or add to its new Stormwater Management Program • MPCA received direction from federal EPA to "strengthen" MS4 permit requirements • Education Program unique to City of Stillwater with three targeted priority audiences and goals • Deliberate inclusion of industry and business into target audience for education • Written partnership agreements with other entities (Watershed Districts or County authorities) • Outfall Prioritization • Standard Operating Procedures ( MCM's 3, 4, 5, and 6) to mimic federal guidelines — • Enforcement Response Procedures (MCM's 3,4,5, and 6) to mimic federal guidelines • Ordinance Revisions for (MCM3,4, and 5) • Development and Re- Development Reduction Standards for stormwater runoff (infiltration initiatives and incentives) • TSS and Phosphorous mitigation requirements (TMDL and non approved TMDL situational requirements) • Revised pond inventory requirements (Stage II) • Employee training requirements and documentation specifics • Pipe sizing changes for mapping • Industrial facility identification and monitoring (City owned and Private owned facilities) MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 29th, 2012 Subject: Request to hire Maintenance Worker BACKGROUND Scott Schell has his submitted his resignation with City effective November 15th, 2012 .He has worked for the City for almost 30 years mainly in the parks department and the past few years in the street department. Scott's daily contribution in all areas of the Public Works Department will be missed by all. With the loss of Scott, the staffing level of the Publics Works department will be down to 16, compared to a staffing level of 19 in 2008. Delivery of the core services (parks, streets and utilities) will be affected by either less work being accomplished or more time to complete it. Also, the timing of his resignation comes at a time for where managing staff for snow and ice control during the winter season is critical. Public Works is requesting authorization to hire a maintenance worker to fill the vacancy of Scott Schell . We would like to begin advertising so that we could fill the position by early 2013. MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: October 25, 2012 Subject: Cooperative Agreement for St Croix River Crossing Project DISCUSSION: As part of the St. Croix River Crossing Project, the Minnesota Department of Transportation (MNDOT) is requiring a cooperative agreement between the two agencies. Highlights of the cooperative agreement include the city's cost participation, maintenance responsibilities and conveyance of certain roads after the project is completed. The City's cost participation amounts to $8031.00 which includes cost for utility relocates and new traffic signal installation. Maintenance responsibilities include maintenance of the loop trail, minor signal maintenance, cost participation of non - routine maintenance of ponds in the project area, and street maintenance of the North Frontage Road and Chestnut Street from Main Street to the Lift Bridge. MNDOT will also release and convey these two roadways as part of the agreement. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a resolution No. RESOLUTION ENTERING INTO AGREEMENT NO. 1433 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION RESOLUTION ENTERING INTO AGREEMENT NO 01433 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS that the City of Stillwater enter into Mn/DOT Agreement No. 01433 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the interconnect and EVP system construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 36 from just west of Northwestern Avenue to the State line and on Trunk Highway No. 95 from just south of 56th Street North to just north of Lookout Trail under State Project No. 8214 -114 (T.H. 36 =045). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Stillwater this 30th day of October 2012. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor Mn/DOT Contract No: 01433 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF STILLWATER COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): Trunk Highway Number (TH): Federal Project Number: St. Croix Crossing Project 8214 -114, et al 36 =045 HPPH H191(001) Amount Receivable $8,031.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and City of Stillwater acting through its City Council ( "City "). Recitals 1. The State will construct a new river crossing bridge (under separate contract), roadway, traffic signal, storm water treatment ponds, multi -use trail, retaining wall, and Bridge No. 82043 (Beach Road/County State Aid Highway No. 23) construction and other associated construction upon, along and adjacent to Trunk Highway No. 36 from just west of Northwestern Avenue to the state line and on Trunk Highway No. 95 from just south of 56t'' Street North to just north of Lookout Trail, in the cities of Oak Park Heights, Stillwater and Bayport according to State - prepared plans, specifications and special provisions designated by the State as State Project No. 8214 -114 (T.H. 36 =045) ( "Project "); and 2. The City has approved the Project's layout and Memorandum of Understanding through Resolutions 2006- 240 and 2006 -239 on October 31, 2006 respectively; and 3. The City and State have a Section 4(f) letter of Agreement executed 6/16/05 for proposed encroachments into properties owned or under the jurisdiction of the City, including Lowell Park, the Stillwater Municipal Barge Facility property and the Kolliner Park property; and 4. The State requests the City participate in the costs of interconnect and EVP system construction and the City is willing to participate in the costs of said construction and associated construction engineering; and 5. The State requests, and the City agrees to perform maintenance of certain roadway, multi -use trail, traffic signal, lighting, and pond construction; and 6. Minnesota Statutes § 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker Mn/DOT Contract No: 01433 Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. The terms and conditions set forth in Article 4. Signal System(s) Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. The St. Croix Crossing Project plans, specifications and special provisions designated by the State as State Project No. 8214 -114 (T.H. 36 =045) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ") 1.5. Exhibits. The following exhibits are attached and incorporated into this Agreement. A. MAINTENANCE — CITY OF STILLWATER, dated 8/16/12 B. DRAINAGE AREA MAP, dated 8/16/12 C. MnDOT and City of Stillwater Memorandum of Understanding (MOU) dated 09/08/06 and signed 11/03/06 D. Section 4(0 Letter of Agreement Signed by City of Stillwater on 06/07/05 and MnDOT on 06/16/05. E. SIGNAL MAINTENANCE. S.P. 8214 -114 St. Croix River Bridge Project Signal Maintenance Agreement Information, dated 8/16/12 2. Construction by the State 2.1. Contract Award The State will advertise for technical and price proposals and award a design -build contract to the "Best Value Proposer" for State Project No. 8214 -114 (T.H. 36) for the Minnesota roadway approach according to the State Request for Qualifications (RFQ) and Request for Proposal (RFP) documents, which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. The State will also advertise for construction of the Loop Trail with State Project No. 8214 -114AK (T.H.36) and award a design- bid -build contract to the apparent low bidder. 2.2. Direction, Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all design -build activities performed under the design -build construction contract, and oversee all construction engineering and inspection functions in connection with the design -build construction. All design -build construction will be performed according to the State's Request for Proposals, the Contractor's technical proposal, and approved plans B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State may request the Contractor to make changes in the design and/or contract construction, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the design -build contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the design -build contract that will affect the City maintenance responsibilities of applicable construction items covered under this Agreement. -2- Mn/DOT Contract No: 01433 B. The City may request additional work or changes to the work in the plans as part of the design -build contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. The requested additional work or changes will likely have City cost component. C. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, design -build contract addenda, change orders and supplemental agreements, and associated design and construction engineering delivery costs before the completion of the contract construction. If the design and construction engineering delivery costs are not included in any change order or work order estimates, the amount will be added to the City's estimate of costs. 2.4. Right -of -Way. This Agreement does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(0 of the Federal Aid Highway Act of 1968 outside the limits of Lowell Park, the Stillwater Municipal Barge Facility property and the Kolliner Park property. 2.5. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the design -build contract to be completed in a satisfactory manner. Acceptance by the State of the completed design -build contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the design -build contract construction. 2.6. Permits. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the trunk highway right -of -way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right -Of -Way" (Form TP2525). 2.7. Replacement of Castings. Adjustments to certain City -owned facilities, including but not limited to, valve boxes and frame and ring castings, will be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City -owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Maintenance by the City. Upon completion of the Project, the City will provide the following without cost or expense to the State, the locations are identified in Exhibit A and documented in Exhibit C: 3.1. Roadways. Maintenance of the Trunk Highway No. 36 North Frontage Road and Trunk Highway No. 95 DNR boat ramp access road and Chestnut Street from Trunk Highway No. 95 to the lift bridge. The City will not be responsible for resurfacing and seal coating that section of road of the north frontage road not within the City of Stillwater city limits, unless an agreement can be reached that doesn't require annexation of that portion of the north frontage road. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 3.2. Trails. Within the City limits the City shall maintain, operate and own the, Loop trail from the existing lift bridge along Trunk Highway No. 95 to the southerly city limits and NW and NE Greeley trail. Maintenance for City owned trails includes, but is not limited to, snow, ice and debris removal, patching, crack repair, mowing, trimming, signing, pavement markings, and any other maintenance activities necessary to operate the trail in a safe and usable condition. The City will maintain and operate the Loop trail on the Lift Bridge and from the Southerly city limits to the center of new St. Croix Bridge, and the Lookout trail between Lookout and Trunk Highway No. 95 within the City limits. Maintenance activities will be performed according to the accepted City maintenance practices. Snow and ice maintenance shall be left at the discretion of the City including removal. The State will retain ownership and structural maintenance responsibilities for the Lift Bridge. -3- Mn/DOT Contract No: 01433 3.3. Bridge Maintenance — Structural maintenance of the lift bridge and the new river crossing will be the State's. 3.4. Municipal Utilities. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 3.5. Northwest, Southwest, Sunnyside, Peabody, Cadet, Chicago, and Riverside Ponds, and Northeast and Bluff Infiltration Ponds. Following construction of the drainage ponds on State right -of way, the State will be the lead agency responsible for routine maintenance of the ponds at no cost to the City and also provide for non - routine pond sediment removal as needed to perpetuate pond capacity. Costs for non - routine maintenance pond sediment removal will be proportioned to the State and the local unit of government based on contributing flows to each pond. The City shall share in the cost of future non - routine maintenance at a rate based on the ratio(s) of contributing water volume entering into the pond(s) at the time that the non - routine maintenance is required. The City's contributing water volume entering into the pond(s) at the time the pond(s) were designed is 15 percent for Northwest, 5 percent for Southwest, 10 percent for Sunnyside, 10 percent for Peabody, 10 percent for Cadet, 5 percent for Chicago, and 5 percent for Riverside Pond, and 2 percent for Northeast and 10 percent for Bluff Infiltration Pond as shown in Exhibits A and B. The State and the City may enter into a separate agreement to define additional responsibilities for maintenance of the pond(s) and infiltration ponds. For City planning purposes, a 1 year notice for non - routine pond maintenance costs shall be provided by the State to the City. 3.6. The City shall share in all responsibilities, obligations and liabilities arising out of or by reason of the drainage collecting into and being discharged from the pond(s). The City shall share such responsibilities, obligations and liabilities at a rate based on the ratio(s) of contributing water volume entering into the pond(s) as referenced in the previous paragraph, however, contributing water volume ratios may change based on development and alteration of land use in the vicinity. 3.7. Release and Conveyance of Roadways. Upon completion of the Trunk Highway No. 36 North Frontage Road construction within the City limits and Trunk Highway No. 36 between Main Street and the Concourse, the State will serve upon the City a "Notice of Release" placing that roadway portion under the jurisdiction of the City; and subsequent thereto, after all required documents have been prepared and processed, the State will convey to the City all right, title and interest of the State in that roadway portion. Upon receipt of that "Notice of Release ", the City will become the road authority responsible for the roadway portion so released. It is desirable to release and convey this roadway within 3 years of project completion. 4. Signal System(s) and EVP System(s) Operation and Maintenance. Exhibit "E" - SIGNAL MAINTENANCE All operation and maintenance terms, including timing and power provisions, in Traffic Control Signal Agreements No. 62213 dated September 21, 1984 and No. 86573 dated September 13, 2004 for the existing traffic control signals on T.H. 36 at CSAH 66 (Greeley St) /Oakgreen Ave (Signal System `B ") will remain in full force and effect. Operation and maintenance responsibilities will be as follows for the Signal System on T.H. 36 at CSAH 66 (Greeley St)/North Frontage Road (Signal System "C "). 4.1. City Responsibilities A. Power. The City will be responsible for the hook -up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate to operate the Signal System. -4- Mn/DOT Contract No: 01433 B. Signal Luminaire Maintenance. The City will maintain the signal pole mounted luminaires, including replacing the luminaires and lamps when necessary without cost to the State. 4.2. State Responsibilities A. EVP System(s) Operation. The EVP System(s) will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System(s) must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System(s) must be reported to the State immediately. iv. In the event the EVP System(s) or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System(s). Upon removal of the EVP System(s) pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System(s) will be determined by the State. 5. City Cost and Payment by the City 5.1. City Cost. $8,031.00 is the City's full and complete lump sum cost for the utility adjustments and relocations, Emergency Vehicle Pre - emption System and Traffic Control Interconnection System construction and associated design and construction engineering delivery costs. The basis for payment is outlined in the attached Schedule "I ". 5.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the City. B. The City's receipt of a written request from the State for the advancement of funds. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name /Title: Maryanne Kelly - Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366 -4634 Fax: (651) 366 -4769 E -Mail: maryanne.kellysonnek@state.mn.us 6.2. The City's Authorized Representative will be: Name /Title: Larry D Hansen, City Administrator (or successor) Address: 216 Fourth Street North, Stillwater, MN 55082 Telephone: (651) 430 -8800 Mn/DOT Contract No: 01433 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension. 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of design -build contract construction under the Project. Termination must be by written or fax notice to the City. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. -6- Mn/DOT Contract No: 01433 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. The remainder of this page has been intentionally left blank] Mn/DOT Contract No: 01433 CITY OF STILLWATER DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: Date: (With delegated authority) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Data is considered Non -public prior to project award. ilinuLII II, 'II _u II L °_JL ' -11 1 I I. H 0 � —Co , ,7°� IiSt_ir_�L> -1 1- v6 vvvvvvvvvv" d31Yh177L1S lO A'L17 —= l� \` —. =� it � F –11 \\ 111 II d ,I I � AI 63/15 a40z9 •Ism, 3Atl 000950 - - - -_– mss LEI �LL � � l�r _ -1 �I 1 IS I�p - a-2 1°-.o — 61_1111 °Ir 1 11 RD 16 ,---- -_ i I CI IA 17\ 9- I �C 3 \tee °_I1_ - r 1 � - 11 JL EXHIBIT "A" N LL 0 CC W (7) ONOd NOI1t7211HILNI 1Sd31-11HON a 1— __L (1 –IT lr <]1 1 II CC NORTH FRONTAGE 0 -mnnnnnnnnr -1 r Mr1 E:T] 1 LJHULI � 4 I 0 6 11 1 ] I – – 1� I L d1 i _ � __ I_II I( �� SY, � 0 I k 1� fi PLIlq ] j o 41(1 11� I!T 4P 1S 63133119 1L }1 I IIr SOUTHWEST 0 D (5 %) 1- 7a J N J � N co LI Q F- U � 1< W U Z Z W 1- Z 2 L LL A– tI 2 ri 51 n n n IJ I LS [!II 1�A1• kl 1 - and N33011V0 11 O O I � CC zN CC z�0 NORTHWEST POND GREELEY TRAIL u� III` o — Iln 1 0 -La L_J 0 6 111 n ! 1 0 10 ao 1,0 n 11 i ADD S1H9 /3H )/Hbd )/P'O JO A11.7 50 „ H31V417711S dO A1L9 - 1' r -� 1 T-u ,.,__J 1110 p Ir -,I 1 1 1 iv I n jl III II IIJI 71.,7 .q I ' 11 I II I a 7 F 1 id °Y_ I M 'e - - 1I EXHIBIT "B" on J LL O Ia w cc w 0 iog Ili IUD GLOOSD I° 21j; Vip BAYPORT FLOW STILLWATER FLOW HEIGHTS FLOW cc 0 0 WASHINGTON CO MnDOT FLOW 1 NORTHEAST INFILTRATION POND (2 %) CC NORTH FRONTAGE rr 'l T r? 0 o�Il L pll 0 1 rs, rnTI1r _J1_– _7 r –,1–,r l ' }1 I Ili IIII I I I V 1s ,3,33a3 �, SOUTHWEST 0 D (5 %) L CC z z D o NORTHWEST POND GREELEY TRAIL a;__ rlIr ` 1 `z llo a0 Op 1- 0 l[ N D < < C O 3 M EXHIBIT "C" MEMORANDUM OF UNDERSTANDING (MOU) This MOU is for the St. Croix River Crossing Project, hereinafter "project" located between the City of Oak Park Heights in Washington County, Minnesota and the Town of St. Joseph in St. Croix County, Wisconsin. The project also includes construction in Stillwater and Bayport. This MOU is made and entered into by and between the State of Minnesota, Department of Transportation (Mn/DOT), hereinafter referred to as "Mn/DOT" and the City of Stillwater, hereinafter referred to as the "City "; WHEREAS, Mn/DOT has prepared and presented the project's layout plan, environmental documentation, Visual Quality Manual (anticipated in Fall of 2006 completion) and cost estimates to the City for the project. WHEREAS, the current Mn/DOT Staff Approved layout dated 7/18/05 has revisions from the layout presented to and approved by the City for the previous 1995 project through City resolution 95 -39; and, WHEREAS, during the current project development process a number of issues have arisen which the parties hereto have discussed, and desire to resolve to writing; and, WHEREAS, Minn. Stat. 161.20 Subd. 2 (2004) authorizes the Commissioner of Transportation to make agreements with and cooperate with a governmental authority for the purpose of preserving future trunk highway corridors or constructing, maintaining and improving the Trunk Highway System; and WHEREAS, Mn/DOT is required to seek municipal consent from the City for the project. This MOU supersedes any previous MOU's developed for the 1995 project and will be part of the City's municipal approval for the project and become binding on the parties once the MOU and City's municipal approval are granted by council resolution and the MOU is signed by Mn/DOT and the City. Stillwater MOU — 9/8/06 Page 1 of 11 NOW, THEREFORE, the parties hereto state as follows: 1) Municipal Approval a) The City approved the 1995 project layout with City resolution 95 -39. The project will utilize Minnesota Statute 161.164 (2005) when requesting municipal consent. b) Timing — Mn/DOT will submit the project layout to the City for municipal approval after project and local funding issues are defined. 2) Funding a) Project funding — The project is currently included in Mn/DOT's 2008 -2030 Transportation System Plan for construction in the year 2024. Mn/DOT plans to seek construction funding to allow for the commencement of the project construction as early as 2010. Currently, $25 million of Federal SAFETEA -LU funding is available to the state DOT's for pre - construction phase related activities. As this funding allows, some project elements and mitigation items will be implemented sooner than 2024. b) Local cost participation — the City has limited resources available to cover the identified project's local cost participation. c) Federal High Priority Project (HPP) Funds — Federal HPP funds are identified for this project in the federal 2005 -2009 SAFETEA -LU Act. The HPP funds were allocated for, and it is Mn/DOT's intent to, utilize these funds to the maximum extent allowed to cover 80% of the projects local cost participation. The required 20% local match to these federal dollars has not yet been identified, but is anticipated to come from state and local sources. d) Cost Exceptions - Mn/DOT will pursue exceptions to its cost participation policy where justified to reduce the City's cost share. e) Project Financial Strategies Planning — the Federal Highway Administration (FHWA) and the two state DOT's will be undertake financial strategies planning for the project. Part of these discussions will be the issue of identifying funds to address the City's unmet financial obligations for the project's local cost participation. Stillwater MOU — 9/8/06 Page 2 of 11 3) Identified local cost participation items — local cost participation guidance for the project is defined by Mn/DOT's Guidelines for Cooperative Construction Projects, April 2004. For the project, the following items identify a local cost element. a) City utilities disrupted by construction — Minnesota Statute 161.45 and 161.46 govern utility owner responsibilities for utilities that are on highway right -of -way by permit and are impacted by highway construction. The City has water and sewer lines in the R/W that will be impacted by the project. The estimated costs to relocate the City utilities are identified in the attached utilities cost table. b) Traffic signals — local cost participation for warranted traffic signals is split according to the roadway jurisdiction of each leg of the intersection. Seven traffic signals are currently identified; three at the Oakgreen/Greeley intersections with the south frontage road, TH 36, and the north frontage road; one at the Osgood /TH 36 intersection; two at the TH 36 /TH 95 interchange ramp intersections, and one at the TH95 /CSAH 28(Pickett Ave.) intersection. Cost participation breakdowns by intersection are identified in the attached cost table. Power and maintenance responsibilities also incur local cost and are shown in the attached cost estimate table. c) Aesthetics — the cost of project aesthetics sometimes have a local project cost component; however aesthetics for this project are one of the identified mitigation items and a budgeted amount has been determined for project aesthetics. At this time no local cost participation for aesthetics is anticipated. The aesthetics for the project will be based off of the VQM. d) Stormwater Ponds — the design and maintenance of the project's ponds will be in accordance with US Corp of Engineers, MnDNR, and the MnPCA requirements. Local cost participation for construction and maintenance of storm water ponds are determined based off of contributing flows entering each pond. The City has contributing flows entering storm water ponds that will be constructed as part of this project. The City's estimated city storm water related cost is shown in the attached utilities cost table. Stillwater MOU — 9/8/06 Page 3 of 11 4) Design elements of the project — the design details for the project are identified in the environmental documentation (including the 2006 Supplemental Final Environmental Impact Statement), the project's "Mn/DOT Staff Approved Layout" dated July 18, 2005 and in the Visual Quality Manual (VQM) (anticipated in Fall of 2006). The environmental documentation describes the project and it's social, economic, and environmental impacts and includes the determination of a Preferred Alternative Package. The layout includes details that define roadway geometrics, cross - sectional elements, trail locations, intersection treatments, traffic signal locations, bridges, roadway profiles, and other project details. The following are items that additional definition is provided or are not covered in the environmental documentation, layout or VQM. a) Signing — i) City Entrance (VQM Community Gateway areas), describes areas of opportunity for locating municipal identification entrance signs and aesthetic treatments within the City. ii) Amended Section 106 Memorandum of Agreement (MOA) section IV.D.1.b.: a. "Provided that adequate space is available, as determined by Mn/DOT, the City of Stillwater will install a municipal identification entrance sign for the City on northbound TH 95 at the Stillwater city limit in accordance with the VQM. The municipal identification entrance sign will include a reference to the Stillwater Commercial Historic District. Mn/DOT will determine if sufficient property is available outside the clear zone for installation and maintenance of the municipal identification entrance sign by the City." b) Landscaping - The City will be invited by Mn/DOT to be on the VQM Advisory Committee throughout the final design phase. c) Stormwater ponds — the design and maintenance of the project's ponds will be in accordance with US Corp of Engineers, MnDNR, and the MnPCA requirements. 5) 4(f) Letter of Agreement: A 4(f) letter of Agreement was signed 6/16/05 between Mn/DOT and the City for the proposed uses in Lowell Park, Stillwater Municipal Barge Facility Property, and Kolliner Park. Stillwater MOU — 9/8/06 Page 4 of 11 6) Project Mitigation - The 2006 Supplemental Final Environmental Impact Statement (SFEIS) contains the preferred alternative mitigation items in Table 15-2 that is attached to this MOU. Additional mitigation item details are provided in the SFEIS through the Amended Section 106 MOA (dated 5/15/06), the Riverway MOU (dated 4/11/06), the Growth Management MOU (dated 4/11/06), the Water Quality MOU (dated 3/9/06), and the Xcel Energy MOU (dated 10/11/05) and elsewhere in the SFEIS. From those documents, the following are a summary description of mitigation items in the City. a) Amended Section 106 MOA — mitigation for historic properties and archeological resources within the City, including: i) Stillwater Lift Bridge: (1) Mn/DOT continues ownership, maintenance and operations of Lift Bridge. (2) Establish Stillwater Lift Bridge Advisory Committee. The City will be invited to the Stillwater Lift Bridge Advisory Committee (SLBAC). (3) Perfoun condition assessment. Develop operations and maintenance manual (4) Develop Lift Bridge Management Plan (5) Establish endowment fund for operation and maintenance (6) Capital improvements with conversion to pedestrian/bicycle facility ii) Bergstein Shoddy Mill and Warehouse — the project will require the relocation or demolition of these buildings. Mn/DOT will implement either one. The City has agreed through a June 7, 2005 City council motion to provide a site for the relocation of these buildings and is willing to take over any future maintenance responsibilities. The City has developed a proposed site assessment report, dated January 2006, that describes the location and site improvements necessary. The relocation site proposed is where the Terra Terminal building is currently located. iii) Stillwater Commercial Historic District: (1) Enhanced signage from new bridge and roadways to downtown Stillwater Stillwater MOU — 9/8/06 Page 5 of 11 (2) Construction communication plan (3) Optimize parking on Chestnut and Main Streets iv) Stillwater Cultural Landscape District: (1) Complete and distribute illustrated study of Cultural Landscape District v) South Main Archaeological District (Slab Alley and Hersey Bean): (1) Protect and stabilize Hersey and Bean Archaeological Site prior to use for staging (2) Avoid and minimize effects to historic resources in design of loop trail vi) Nomination of Minnesota Historic Properties within the city: (1) Bergstein Shoddy Mill and Warehouse and the South Main Archaeological District vii) Stillwater Lift Bridge Publication: illustrated book on Lift Bridge viii) Field guide to Stillwater Cultural Landscape District b) Riverway MOU — mitigation for riverway impacts within the city, including: i) Removal of the Terra Terminal Building: Due to recent vandalism issues, the City desires the removal the Terra Terminal Building as soon as possible. Mn/DOT will take the lead role in implementing this mitigation item. The proposed funding for this removal item will be 80% federal SAFETEA -LU HPP funds. Unless another source is determined, the 20% local match will be the City's responsibility. Coordination by the City and Mn/DOT for the removal and site re- development will occur with the NPS, Mn/DNR, and Mn/SHPO. ii) Kolliner Park: removal of non - historic elements to allow reversion to "natural state ", according to the 4(f) Letter of Agreement. iii) Loop Trail system — In accordance with the 4(f) Letter of Agreement, a loop trail is shown on the layout and further described in the SFEIS and VQM. The layout and VQM describe the major project design features of the trail. The City has reviewed and provided comments on the trails' design in the City and will be further involved in the detail design phase of the trail if further refinement is needed. Mn/DOT will construct the Loop Trail as one of the mitigation items for the project. Stillwater MOU — 9/8/06 Page 6 of 11 c) Growth Management MOU: mitigation for growth management items within the City, including: i) Transit feasibility study. The City will be invited to participate in this study to consider and evaluate future transit demand in Washington, St.Croix and Polk Counties. d) Water Quality MOU: Establishes a Water Quality Management Advisory Committee for construction permitting of the water quality related items. The City will be invited to participate in the Water Quality Management Advisory Committee. 7) Construction Staging and Construction issues a) The project defined in the SFEIS is one project. Depending upon funding availability, Mn/DOT will discuss project - staging issues with the City and other stakeholders to define the sequencing of project elements. Early implementation of mitigation items, construction of the Oakgreen/Greeley intersection, City utility relocation, frontage road construction and other project elements will be considered. b) It is understood and agreed that there will be stakeholder involvement or some other similar arrangement will be formed so that the local governments affected by the construction project will have input at an early stage of the construction staging planning process. c) A "project implementation committee" will be formed and meet monthly to discuss project progression, upcoming activities, and work to resolve issues during the construction phase. d) Any construction staging related impacts to the barge repair business located in the Stillwater Municipal Barge Facility Property will be coordinated with the City. Given a 6 month notice by Mn/DOT, the City will discontinue their lease agreement with the barge repair business as necessary for project construction activities. e) Use of the Stillwater Municipal Barge Facility property for a project staging area will be appraised at a fair market value, with a temporary easement value Stillwater MOU — 9/8/06 Page 7of11 determined by a process similar as to what was completed for the $5M Lift Bridge Repair Project. As such, use of access roads to the staging area will be compensated through a zero dollar permit from the City. f) Use of other appropriate City owned property necessary for Right of Way and/or trail construction of the project within the City, will be at no cost to Mn /DOT, including any necessary easements. Mn /DOT will coordinate the timing of the construction use with the City. 8) Maintenance a) Mn /DOT desires to turn -back facilities constructed with the project that serve primarily a local function, i.e. the frontage roads along TH 36, TH 36 between Main Street and the Lift Bridge and Lookout Trail. b) Mn/DOT will retain ownership and maintenance responsibilities for the Lift Bridge according to the Amended Section 106 MOA. c) Following construction, the City will take on ownership and maintenance of the north frontage road along TH 36 from TH 5 to Osgood Avenue, Lookout Trail, and TH 36 between Main Street and the Lift Bridge. d) Following construction of the Loop Trail, ownership, operation and maintenance of the Loop Trail in the City will be the city's responsibility. The City will also be responsible for the operation and maintenance of the Loop Trail from the southerly limit of Stillwater to the center of the new river crossing bridge. e) The City will also maintain the trail connecting the Loop. Trail to the Scenic Overlook in the city. f) Stormwater Ponds — The Water Resources Preliminary Design Report, dated January 2006 contains eleven storuiwater ponds that are proposed in Minnesota with the project that will treat combined highway and local water. Mn/.DOT will own and maintain nine of the ponds, the City will perform routine maintenance on the "Sunnyside" pond, and Oak Park Heights will maintain the "Riverside" pond. The cost of future major pond maintenance activities will split based on contributing flows. Stillwater MOU — 9/8/06 Page 8 of 11 9) Agreements a) A Cooperative Construction Agreement between the city and Mn/DOT will be needed during the final design stage to define maintenance responsibilities and any cost sharing needs as described in this MOU. b) Signal Agreements between Mn/DOT and City (and may include the County) will be needed for each signal installation and will cover construction costs, maintenance and power responsibilities. Existing signal agreements if still applicable may continue to be used. See attached chart that shows both existing signal agreements and proposed agreements and maintenance responsibilities. c) Turn-back Agreements, as applicable, for any roadway facilities will be needed. Before this MOU will become affective, it must be approved along with the City's municipal consent for the project and be signed and approved by MnJDOT. Subsequent agreements between the City and Mn/DOT as defined in Item 9 are also required to cover some elements of this MOU. Stillwater MOU — 9/8/06 Page 9 of 11 DEPARTMENT OF T ANSPORTATION CITY OF STILLWATER By By: Metro District Engineer ayor Khani Sahebjam Jay L. Kimble Date: /(73/i7 (o Date: /d• 3% &; By: Administrator Larry D. Hansen Date: I f 1- d b Attachments to MOU • Preferred Alternative layout on aerial photo dated 4/24/06 • Local Cost Participation Tables: o Utilities (Sanitary Sewer & , Storm Sewer & Ponds, Signal Systems) — Preliminary Cost Impacts dated 10/26/06 o Traffic Signal Construction Costs /Maintenance Responsibilities dated May 2, 2006 • SFEIS Table 15 -2 Summary of Preferred Alternative Mitigation Items dated June 2006 Stillwater MOU — 9/8/06 Page 10 of 11 Filename: P:\ mytiles\ stcroixrivercrossing\ memorandumofunderstanding- stillwater- 9- 8- 06a.doc Stillwater MOU — 9/8/06 Page 11 of 11 EXHIBIT "D" Section 4(f) Letter of Agreement Federal Highway Administration FHWA -MN- EIS- 90 -02 -DS Minnesota State Projects 8214 -114 and 8217 -12 Wisconsin State Project I.D. 1550 -00-02 The Minnesota Department of Transportation (Mn/DOT), Wisconsin Department of Transportation (Wis/DOT), and Federal Highway Administration (FHWA) propose to undertake improvements to Minnesota Trunk Highway (TH) 36 and Wisconsin State Trunk Highway (STH) 64 between TH 5 in Minnesota and 150th Avenue in Wisconsin. These improvements are discussed and evaluated in the St. Croix River Crossing Project Supplemental Draft EIS (SDEIS) on file in the Metro Division Office of the Minnesota Department of Transportation; copies of this SDEIS were also supplied to the City of Stillwater. These proposed improvements and proposed mitigation items will require encroachment into properties owned or under the jurisdiction of the City of Stillwater (City). These properties, Lowell Park, the Stillwater Municipal Barg e Facility property, and the Kolliner Park property, are covered by 49 U.S.C. 303, commonly referred to as "Section 4(f) ". A draft Section 4(0 evaluation for all three properties was completed and included in Appendix E of the SDEIS. Additional consultation was provided at a City of Stillwater held Public Hearing on May 17, 2005. A final Section 4(f) evaluation for all three properties will be completed and included in the SFEIS. This letter of agreement will be included as a part of the final Section 4(f) evaluations. IMPACTS Impacts to the Section 4(1) resources that will result from the proposed project consist of the following: (See Attachment A for location of referenced resources.) Lowell Park • Under the Preferred Alternative, the Lift Bridge will be converted to a pedestrian/bicycle facility as part of a loop trail system as illustrated in Attachment B. With conversion of the Lift Bridge to a pedestrian/bicycle facility, the Lift Bridge will be closed for general vehicle use. Mn/DOT proposes to construct bollards to prevent general vehicular access to the Lift Bridge. These bollards are anticipated to be located entirely within the existing Lift Bridge approach right -of -way, would be removable, and would allow City emergency vehicles (e.g., ambulance; fire; police) to access the Lift Bridge. A conceptual drawing of how these bollards could work is included as Attachment C. The bollards could also be located closer to the Lift Bridge if traffic conditions on Chestnut Street warrant doing so. Construction of the loop trail will require a temporary occupancy of Lowell Park. St. Croix River Crossing Project Page 2 City of Stillwater — Section 4(0 Letter Agreement • Currently, there is no on- street parking allowed on Chestnut Street between Main Street and the Lift Bridge. With conversion of the Lift Bridge to a pedestrian/bicycle facility and removal of through traffic on this portion of Chestnut Street, there may be opportunities to provide new on- street parking stalls following completion of the river crossing project. Stillwater Municipal Barge Facility Property • Construction of an access road from TH 95 to the south end of the property will result in approximately 1.4 acres of impact to the Stillwater Municipal Barge Facility property. Construction of this access road is consistent with the park master plan. The Preferred Alternative river crossing, Alternative B -1, is located south of the property. • Removal of the Terra Terminal building has been identified as one of the Preferred Alternative mitigation items. This item is proposed to mitigate for the visual impacts of a new river crossing by eliminating an existing man -made structure from the riverway. Under this item, the Terra Terminal building would be removed, contaminated soils would be treated, and construction debris along the shoreline would be removed. The City has requested the removal of the Terra Terminal as soon as possible as the building has been become a nuisance and a liability for the City. • Construction staging sites will be determined with final design and construction staging plans. Grading and temporary occupancy of the Stillwater Municipal Barge Facility property may be necessary to accommodate construction staging activities. Kolliner Park • Conversion of the Lift Bridge to a pedestrian/bicycle facility and removal of the approach roadway in Wisconsin will public vehicular access to the park property. However, city vehicles could still be able to access Kolliner Park via the Lift Bridge if needed on a limited basis. The Kolliner Park Master Plan identifies upgrading the existing park access road and parking lot as part of the planned site improvements. • The loop trail will be located entirely within the existing road right-of-way and will not require the acquisition of land from Kolliner Park. Construction of the loop trail will require a temporary occupancy of Kolliner Park. • Landscaping and revegetation within the former roadway right of way and along the loop trail will be maximized to the extent possible and determined through the Visual Quality Planning Process and Visual Quality Manual. The City has been invited to be a member of the Visual Quality Planning Process. St. Croix River Crossing Project Page 3 City of Stillwater — Section 4(f) Letter Agreement • Removal of non - historic built elements and reversion of Kolliner Park to a natural state has been identified as one of the Preferred Alternative mitigation items. This Preferred Alternative mitigation item is proposed to mitigate for the visual impacts of a new river crossing. - Under this mitigation item, non - historic elements (e.g., existing driveway; parking area; other miscellaneous structures) would be removed from the Kolliner Park property. Minor regrading and plantings may be required. Some retaining walls will be left in place to maintain drainage. Historically significant elements exposed above the soil surface would be documented and covered with fill. Attachment D includes a graphic illustrating historic components identified in Kolliner Park. Once work is completed, the site would be allowed to revert to a more natural state. Removal of these non - historic elements would require a temporary occupancy of the park. - Removing the asphalt pavement and replacing with a geogrid-type structural support would allow occasional vehicular access (e.g., City vehicles; emergency vehicles) into the park from the Lift Bridge if needed on a limited basis and also allow revegetation to occur. - The Section 106 Memorandum of Agreement (MOA) stipulates that MnIDOT Cultural Resources Unit (CRU), Wis/DOT CRU and the Minnesota State Historic Preservation Office (MnSHPO) and Wisconsin SHPO shall consult with the City of Stillwater on the removal of non - historic elements from Kolliner Park. The DOT's are not proposing any change in ownership of the park with this mitigation item. MEASURES TO MINIMIZE HARM To mitigate for the impacts to the Section 4(f) resources resulting from the Preferred Alternative, a Preferred Alternative mitigation package was developed by MnID OT, Wis/DOT, and FHWA following extensive discussion and examination of potential mitigation items with federal, state, and local agencies, including the City. These measures are identified below. Lowell Park To prevent vehicular access to the Lift Bridge, the DOTs will install barriers at the Lift Bridge approach; these barriers may require minor modifications to Lowell Park at the Lift Bridge approach. Barrier design will be determined as part of the Visual Quality Planning Process and Visual Quality Manual development. The City has been invited to participate in this process. St. Croix River Crossing Project Page 4 City of Stillwater — Section 4(f) Letter Agreement Installation of the barriers will be coordinated with the City. Stillwater Municipal Barge Facility Property and Kolliner Park To mitigate for the loss of vehicular access to Kolliner Park with removal of the Lift Bridge approach roadway and conversion of the Lift Bridge to a pedestrian/bicycle facility, the following mitigation measures are proposed: • Hazardous material will be removed from the Stillwater Municipal Barge Facility property in conjunction with the removal of the Terra Terminal building. The shoreline will be restored with removal of construction debris used for bank stabilization near the building and removal of below -water debris near the adjacent shoreline in cooperation with the City and consistent with City plans for the site. • The loop trail through the Stillwater Municipal Barge Facility property will be completed in cooperation with the City, consistent with the vision for the development of the site (Attachment B illustrates the proposed location of the loop trail.) If prior to the construction of this loop trail, the City-has developed final design plans and/or constructed 'a trail in conjunction with levee construction at the west edge of Lowell Park, the loop trail location will be modified as needed to tie into the southern terminus of the levee trail, and to provide an adequate connection from the levee trail onto the Lift Bridge. • The Stillwater Municipal Barge Facility property will be graded and prepared for the implementation of the park master plan. This will be completed in cooperation with the City and consistent with the vision for the development of the site. In order to do the work described above in Lowell Park, the Stillwater Municipal Barge Facility property, and Kolliner Park, temporary easements will be required. As per Federal Register Rules and Regulations 23 CFR 771.135(7), these temporary easements are considered a temporary occupancy of Section 4(f) lands. To proceed with the design and construction of a new St. Croix River crossing, there must be documented agreement that the officials having jurisdiction over the resource concur with the work to be completed and agree that the following conditions are met: • The duration of the occupancy will be temporary in nature and there will be no change in ownership of the land. • As explained above, the scope of work to be performed will be minor, consistent with park plans and completed in cooperation with the City of Stillwater. St. Croix River Crossing Project Page 5 City of Stillwater Section 4(1) Letter Agreement • There are neither anticipated permanent adverse physical impacts nor will there be interference with the activities or purposes of the park, on either a permanent or temporary basis. • The land being used will be fully restored to a condition that is at least as good as the one that existed prior to the project. CONCLUSION The narrative above is a fair and accurate description both of the impacts to the Section 4(1) resources and of the mitigation measures proposed. The City is aware of the proposed impacts to City -owned park property and is agreeable with the proposed mitigation measures. However, the recitals set forth in this Letter of Agreement are subject to the ordinance granting approval that was granted a first reading on May 17, 2005, becoming effective pursuant to Chapter 1, Article 16 of the Stillwater City Charter. For the Minnesota Department of Tran + ortation: Patric Hughes, Metro District E :i • - er Minnesota Department of Transportation For the City of Stillwater: City of Stlllwater Attachments Date 7 c7 Date P- MYFILESISLCraixRive cCrossingll.etter Agreement -cc v-06- 01- 05_doc M1ProJock,A468601 MU.GraphtarA trflwofor4crksdgn City of Stillwater Parks and New River Crossing Location St. Croix River Crossing Project 4686 3/22/2005 ATTACHMENT A r imze &T.0164 i CO.RD.E PRELIMINARY SUBJECT TO CHANGE 1/11/2005 LEGEND common PROPOSED LOOP TRAIL LOCATION PROPOSED ROADWAY ALIGNMENTS OTHER PROPOSED TRAILS k WALKS r1 . Proposed Loop Trail Location St. Croix River Crossing Project 4888 1111/24:05 ATTACHMENT B • Will be part of the loop trail system 2 co O O rt+ a) O O C) co 7 N O is E • o as • ca o a) 4" E > 'L • O 's. O W d•1 • ( - -L — J -5_ - i. , c � c . - - 1 1 `x' _? - ) l r,, s-... ; ' $ ? f ` 1 J E an •. • 7 5\ s PA R fC LEGiont PPrRK S CrE Source: Rivercrest Associates, Cultural Resource Investigation for St. Croix River Bridge of Kolliner Park (MnIBOT, October 1999) 13ou,JD1R! er ,SCALC Identified Historic Components of Kolliner Park St. Croix River Crossing Project 4686 3/22/05 ATTACHMENT D ■ >< w S.P. 8214-114 W. ° / •-• k q ct $ S Oak Park Heights & Stillwater (as per 62213) Stillwater Washington County (as per 62104) Oak Park Heights £ a '@ % / % ct S Oak Park Heights & Stillwater (as per 62213) § % •- Washington County (as per 62104) Oak Park Heights ct 3 P. to O Washington County Washington County Washington County Washington County ° - •k '0 # ® k H ¥ ¥ ¥ ¥ ? Agreement Parties Besides State Oak Park Heights, Stillwater, Washington County Stillwater, Washington County Oak Park Heights, Stillwater, Washington County Oak Park Heights Washington County Agreements EXISTING 86573 -EVP* 67568 -AWF ** 62213 -SIG* * 01433 01434 EXISTING 86573 -EVP* 67568 -AWF ** 62213 -INT * * 62104 -SIG 01434 01432 Signal Locations Requiring Agreements (SYS B) ID# 20644, TE# 5656 36 @ CSAH 66 (Greeley Ave) /Oakgreen Ave (SYS C) ID# 39455, TE# 5658 36 @ CSAH 66 (Greeley Ave)/ N Frontage Rd (SYS D) ID # 20645, TE# 5660 36 @ CSAH 24 (Osgood Ave N) (SYS E) ID# 22114, TE# 5661 95 @ CR 28 / Pickett Ave Rebuilding cities, one easel at a time Photos by JERRY HOLT • ihoR @stariribune.com Matthew Rucker worked on apainting in his apartment /studio in the Northam Warehouse building in St Paul, Artspace's first major development in 1990. • Business is booming for a Twin Cities - based nonprofit that's helping cities revitalize buildings as live -work spaces for artists. By JIM RUCHTA ibuchta @startribune.com NEW YORK 0 n the southern edge of last Harlem sits an abandoned school building in the shad- ows of glimmering high -rise apart- ments. Residents of the surrounding £1 Barrio neighborhood have long wor- ried about the building's fate. With development pressures creeping in- to the area, Public School 109 could have been demolished or converted into expensive housing. Instead, it's being sold to Artspace, a Twin Cities nonprofit that trans- forms neglected buildings and litter - strewn lots into affordable housing for artists. In the wake of the Great Recession, demand for such proj- ects has never been stronger. Cities across the country are reaching out to the group, hoping that artists, mu- sicians and performers will be a cat- alyst for growth in their languishing '`Qr' STAR TRIBUNE EXCLUSIVE neighborhoods. "Communities across the U.S. are just looking for hope and a sense of rebirth," Artspace President Kelley Lindquist said During the next five years, the group expects to double the num- ber of projects it owns and manages. Work is underway in New Orleans, Los Angeles and more than a doz- en cities across the country. In Dear- born, Mich., city leaders have called on Artspace to buy its stately but woefully obsolete City Hall "We want a place where artists can have affordable living space and do their art," said Dearborn Mayor Jack O'Reilly, who has already seen the positive impact artists and musi- cians can have on a community. The city recently built a perform- ing arts center that has been a major draw for people who might not other- Artspace continues on D8 ■ ABOUT ARTSPACE Headquarters: Minneapolis, with staff in New York, Los Angeles and Seattle. Employees: 31, not including property managers. Portfolio: awns and operates 11 projects. What's coming: Three projects are under construction and 14 are in various stages of predevelopment. Annualbudget: $9 to $11 million GUSTAVOROSADO ABOUT PS109 (above) Artspace's first New York City project will be the former Public School 109 in East Harlem, afrve -story Gothic Revival building completed in 1898 that will become a mixed -use building with up to 90 units of affordable housing for artists and their families, and 10,000 square feet of space for arts and culturalorganiza- tions. The project is a partnership between Artspace and El Bar- rio's Operation Fightback, a nonprofit community development organization based in East Harlem. ne • BUSINESS • STAR TRIBUNE. • SUNDAY. IDLY '. Rebuilding c ■ ARTSPACE FROM D! wise visit downtown. "Hotels and restaurants have definite- ly seen the benefit," he said. So when the city got an op- portunity to move its munici- pal operations into more mod- ern digs, Mayor O'Reilly called on Artspace to buy the old city hall and convert it into 41 live - work spaces. In many cases, creating art- ists -only housing is a more palatable way of establishing affordable housing in commu- nities that might otherwise op- pose such efforts. Experts on the topic say artists, especially those who have home studios, are also more likely to engage in the community because the creative process tends to be collaborative. In 2010, Ann Markusen, a professor at the University of Minnesota, co- authored a study that said arts commu- nities have the "potential to radically change the future of American towns and cit- ies" by generating jobs and in- come, and by attracting andre- taining businesses. Those goals are a high pri- ority for Artspace, whichstart- ed about 30 years ago with a much more modest mission. The group began as a clear- inghouse for studio and living space information for Twin Cities artists. But as develop- ment and high rents forced artists out of the Minneapolis Warehouse District and other enclaves, its purpose evolved. In 1990, the group tackled its first major development proj- ect, the Northern Warehouse in the Lowertown neighbor- hood of St. Paul, converting it into 52 live -work spaces and commercial and retail space on the first two floors. At the time, only about 700 people lived in the neighborhood. lb- 0 0 es, one easci at a time MtGANTAN • megaatan@stanribune.mm Dearborn,Mich.,Mayorlack O'Reilly toured the studio space of Minneapolis artist Harriet Bart. O'Reilly has called an Artspace to buy his city's old City Hall and convert it into •1 live -work spaces. day, Lowertown has more than 2,000 residents and dozens of restaurants and shops. "The private market fol- lows the artists," said Wendy Holmes, vice president ofcon- sulting for Artspace. Traditionally, Artspace has sought out its own work, but as communities began to rec- ognize the potential of such projects, more have reached out to the nonprofit. That's why Holmes spends much of her time traveling the country and visiting prospective sites. The number of calls from new communities has in- creased exponentially during the last few years," she said. "Communities of all sizes are thinking about this kind of thing." Once Artspace identities a building with potential, in al- most every case the nonprof- it buys it, conducts the reno- vation, owns and manages it. The group has its own team of experts that can assess the fea- sibility, scope and cost of the work, but it hires local contrac- tors to do the restorations. Artspace is adept at work- ing with historic buildings be- cause of its access to historic and low - income housing tax credits, which are used to pro- vide gap funding for projects that would otherwise be cost - prohibitive. At PS109, nearly $37 mil- lion of the $50 million renova- tion cost will be paid for using state and federal tax credits. New York City Council Mem- ber Melissa Mark Viverito said that without the tax credits, the building would have been torn down. Or, it would have to become luxury housing to justify the high cost of resto- ration. "We saw this as a great opportunity for the communi- ty," she said. The project will be expen- sive and complicated because of the condition of the build- ing. When the school was de- commissioned more than a de- cade ago, crews began decon- structing the building, scraping hand- carved terra cotta trim el- ements from its facade and pil- ing them inside. Because the Gothic Revival -style building has historic status, Artspace will be required to conduct a restoration rather than a ren- ovation. Lindquist said such projects were once in jeopardy. Sever- al years ago the Internal Reve- nue Service began considering whether the tax credits were appropriate for such projects. Specifically, it was unclear whether fair housing rules that ban creation of housing for specific occupations ap- plied to artists. So the group went to Washington, D.C., to lobby in favor of a 2008 hous- ing bill that helped clarify C) SERA SLIDE SHOW from this story at www.startrfbune.com/business. what Holmes called "vague language." "We argued that artists have many different occupations," Holmes said. "Having the lan- guage changed to specifically say that people who have lit- erary or artistic pursuits was a huge victory." The bill passed, and by all measures, it was a coup for housing developers across the country. And for artists, too. Matthew Rucker, a paint- er, moved into the Northern Warehouse five years ago. He has a sunny 1,600- square -foot live -work space on the sixth floor of the building with ex- pansive windows and 10 -foot ceilings. Certainly, the con- verted warehouse has been a catalyst for redevelopment in Lowertown, but it's also been a boon for Rucker both creative- ly and financially. Like most people who live and work in Artspace build- ings, his rent is based on his in- come. Not long after moving into the building he was able to quit his full-time job and fo- cus solely on painting, earning enough money from commis- sions to support himself. That likely wouldn't have happened, he said, if he were still living in his former suburban horse. There are intangible bene- fits, tea "When the spirit in your building revolves around art and you see it every day and hear it through the walls and doorways, it just pushes you to do more of your art and to improve it and to pursue it,' Rucker said. lien euchts •6F2.673.7376 October 11, 2012 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Matt Beane, Supervisors Jim Hiniker, Linda Countryman and Sheila -Marie Untiedt, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Planner Berry Farrington, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Rick Jacobson. 1. AGENDA — M/S/P Unitedt/Hiniker moved to adopt the agenda as written. (4 ayes) 2. MINUTES — M /S /P Unitedt/Countryman moved to approve the September 27, 2012 Stillwater Town Board meeting minutes as written. (4 ayes) 3. TREASURER -- a. Report given. b. Checks and Claims — The following checks and claims were approved for payment. Claim No. Vendor Amount 225 MFRA $2,842.00 226 MJ Raleigh Trucking 5,613.93 227 Kathleen Nelson 139.95 228 Stephen Nelson 901.18 229 Marsha Olson 45.00 230 On Site Sanitation 318.00 231 Robert P Ranalla Sr 16.88 232 Barbara Riehle 20.00 233 Kelley Shantz 11.86 234 Kathryn Schmoeckel 46.85 235 Security Response Service 377.52 236 TKDA 2,478.34 237 Valley Green Lawn & Landscape 595.00 238 Washington Co. Public Safety Radio 103.02 239 Xcel Energy 59.48 240 Internal Revenue Service 850.77 241 Minnesota Department of Revenue 34.66 242 PERA 486.80 41974 Campbell Knutson 616.05 41975 CenturyLink 101.85 41976 Department of Labor & Industry 204.67 41977 Jack Kramer 4,411.10 Hiniker, James J 1,032.89 Nelson, Kathleen M 678.36 Nelson, Stephen W 1,151.07 Olson, Marsha Ann 478.55 Stillwater Town Board Mtg. — 10/11/12 Ranalla, Sr Robert P Riehle, Barbara Schmoeckel, Kathryn G Shantz, Kelly J Untiedt, Sheila -Marie 325.51 382.83 757.91 95.77 616.51 Page 2 4. ATTORNEY - a. Dekker CUP - This CUP which had previously been approved was signed. b. 2012 Road Maintenance Contract - The contract has been sent to Raleighs for their signature. This has already been approved by the Board. 5. PLANNER - a. Affeldt Minor Subdivision - A preliminary plat had been approved in July for a minor subdivision. The road costs have turned out to be more than they had anticipated due to the steep slopes and the Affeldts would like to change their proposal to use the existing cul -de -sac. Planner Berry Farrington reviewed the proposed changes. The consensus of the Board was that the applicant can proceed with bringing forward an amended drawing. b. Bergmann Greenhouse -- There had been discussion at the last Town Board meeting about possible furniture sales being conducted at the Bergmann Greenhouse which would not be an allowed use. The Bergmanns were present to discuss what is planned. The sales would be only occasionally and during the regular business hours. The consensus of the Board was to amend the Zoning Ordinance to include this type of use. The Planner will check with the Joint Board to see if they would need to be involved with this. The Bergmanns were advised that they should come to the Board before they consider any future changes. c. Home Occupations and Signage Standards - The Planning Commission will be directed to look into this issue. The Planner should provide examples of what other communities are doing. d. Zoning and Subdivision Ordinance Amendment - Ordinance 147, which had been previously approved, was signed. 6. CHIEF OF POLICE a. Report given. There were three burning permits, none for buckthorn. There is a burning ban in place. No dogs were impounded. b. Dead Bear - The dead bear will be picked up or covered with wood chips by Raleighs. c. Jon Francis Race -- The race went off without any issues. It was a very well -run event. d. Sentence to Serve - They will work on brushing on trails and the volley ball pit and play area in Otto Berg Perk. They are also scheduled for next spring at Little Carnelian Park. e. All Hazard Mitigation Plan - M /S/P Untiedt /Countryman moved to authorize the Chair to sign the Washington County All- Hazard Mitigation Plan. (4 ayes) f. Reincarnation Furniture Signs - They are still putting up signs but none are technically in Stillwater Township. Steve Nelson will continue to monitor. Stillwater Town Board Mtg. — 10 /11/12 Page 3 7 CLERK - a. Upcoming Meetings - The Town Board will meet with the Park Committee on Monday, October 22 at 7:00 p.m. to discuss the park dedication fee. The meeting that had been planned with Browns Creek Watershed District on October 25 will not be held since their director will be on maternity leave. b. Scanning Files - M/S/P Untiedt/Countryman moved to authorize the purchase of an external hard drive and a flatbed scanner not to exceed $400. (4 ayes) 8. PARK MANAGER - a. Tree Removal - Park Manager Rick Jacobson had received two bids for removal of the dead trees in Otto Berg Park and across the street. M/5/P Countryman/Untiedt moved to accept the Haines Tree Service quote of $2,350 for tree removal and stump grinding in Otto Berg Park. (4 ayes) b. Tree Trimming -- Haines Tree Service has provided a quote of $2,500 to trim trees in Otto Berg Park. The consensus was to continue to have Valley Green cut off low hanging branches and have Rick Jacobson then remove them. c. Parking Lot - The parking lot across from the town hall is now complete. Striping there and in the town hall lot will be done in the spring. d. Port -a Potties - A new vendor, Air Fresh, will be used next year. e. Arcola Heights Park - Kelly Shantz would like to have a new smoking post installed, but the consensus was to keep the sand bucket and see how that works. 9. ADJOURNMENT - The meeting was adjourned at 9:15 p.m. Clerk Chairperson Approved Summary of Proceedings Washington County Board of Commissioners October 23, 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 which advanced the Optimized Alternative III, the bus rapid transit adjacent to Hudson Road; she participated in a Green River Greening event at Colby Lake to remove buckthorn; and she attended a National Transportation conference last week in Los Angeles; - Commissioner Lehrke — reported she attended the Personnel Committee; she met with the Woodbury Mayor, City Administrator, and County Administrator to discuss issues of mutual interest; she attended the Cottage Grove City Council meeting and spoke to them about the County Board's withdrawal from the High Speed Rail Commission; she attended the Resource Recovery Project Board meeting; she attended the Cottage Grove Public Safety -City Hall open house; she announced that the Red Rock Corridor meeting will be held in the St. Paul Park City Hall; and she attended the Employee Recognition event; - Commissioner Pulkrabek — reported he attended the Resource Recovery Project Board meeting; - Commissioner Kriesel — reported he attended the Resource Recovery Project Board meeting where he asked that staff over the next year or two review the business model, the Joint Powers Agreement, and determine if there would be a third county interested in joining, and meet with RRT and the haulers to explore all options; he attended the Stillwater Area Chamber of Commerce visioning session for downtown Stillwater; he attended a meeting with St. Croix Academy, Baytown Township and Washington County to discuss access management going into the school; he attended the Audit Committee meeting; he attended the St. Croix Lower Valley Alliance meeting; he attended the Lake Elmo Library grand opening; and he attended a St. Croix Coalition Executive meeting; - Commissioner Hegberg — reported he attended the Metropolitan Area Agency on Aging meeting which heard a report on aging in Hennepin County and asked that staff get a copy of that study; he attended a meeting at the City of Forest Lake for a Yellow Ribbon recognition; he attended the Transportation Advisory Board meeting and heard reports on the 2040 plan; he attended the Resource Recovery Project Board meeting; and he attended the Community Action Partnership meeting. General Administration Approval of the following actions: - Matthew Behning, Stillwater, asked the Board to deny the request for Amendment No. 1 to a contract with HR Green Company for additional engineering services for the County State Aid Highway 19 project in Woodbury; - The Board hosted an Employee Recognition Breakfast for employees with 20, 25, 30, 35 and 40 years of service; - Board correspondence was received and placed on file; - Board workshop held to review additions to the 2013 Legislative Agenda. Information Technology Approval to enter into a Service at Will agreement with Verizon Wireless for wireless services. Property Records and Taxpayer Services Adoption of Resolution No. 2012 -139 recommending approval to set aside a portion of the annual distribution of net revenue from tax forfeited land sales for acquisition and maintenance of county parks and recreational areas. Public Health and Environment Approval of the following actions: - One full time equivalent for a special project Community Health Specialist position; - Agreement with the Washington Conservation District for services related to the Wetland Conservation Act; - Agreement with the Washington Conservation District to fund general operations and services to county departments and county residents; - Board workshop held to discuss a grant to expand evidence based, voluntary home visiting to high risk families. Public Works Approval of the following actions: - Convert a non - supervisory Maintenance Worker position to a supervisor position of Public Works Supervisory I; - Accept donation from the Ride and Glide Ski Club in the amount of $3,000 for additional light fixtures on the ski trails in the Lake Elmo Park Reserve; - Amendment No. 1 to contract with HR Green Company for additional professional engineering services for the County State Aid Highway 19 project in Woodbury; Regional Railroad Authority The Regional Railroad Authority met in Executive Session with the Department of Public Works to discuss negotiating options to purchase a portion of the Burlington Northern Santa Fe Railroad between 145th Street and 140th Street in Hugo. Sheriff's Office Approval of the following actions: - Amendment to the 2012 Narcotics and Gang Task Force grant to extend the agreement through December 31, 2013; - Agreement with the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Washington . County ***PLEASE NOTE CHANGE IN TIME*** BOARD AGENDA OCTOBER 23, 2012 — 10:30 A.M. Board of Commissioners Dennis C. Hegbarg, Chair, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Welk, District 5 8:00 to 10:00 — Employee Recognition Breakfast Hosted by the County Board — Lake Elmo Event Center 3712 Layton Avenue North 1. 10:30 Roll Call Pledge of Allegiance 2. 10:30 Comments from the Public Visitors mayshare their comments or concerns on any issue that is a responsibility orfuuction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, slate your name and address. and present your comments. Your comments must be addressed exclusively to the Board Chair and the fitll Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limityourpresentation to no more thanjive minutes. The Board Chair reserves the right to limit an individual's presentation ilk becomes redundant, repetitive, overly argumentative, ar if it is not relevant to on in'ue that is part of Washington County's responsibilities 3. 10:35 Consent Calendar — Roll Call Vote 4. 10:35 Public Works - A. Donation from the Ride and Glide Ski Club - John Elhohn, Parks Division Manager B. County Road 19 (Woodbury Drive) Amendment No. 1 with HR Green Company — Cory Slagle, Transportation Manager 5. 10:50 General Administration — Molly O'Rourke, County Administrator 6. 11:00 Commissioner Reports — Comments — Questions This period of lime shall be used by the Commissioners to report to flee full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive hoard action during this time. Any action necessary because of discussion will he scheduled for a future board meeting. 7. Board Correspondence 8. 11:25 Adjourn 9. 11:25 Washington County Regional Railroad Authority Convenes A. Roll Call B. Executive Session to Discuss Negotiating Options to Purchase a Portion of the Burlington Northern Santa Fe Railroad Between 145th Street and 140th Street in Hugo C. Adjourn 10. 11:50 to 12: 10 — Public Health and Environment Discuss Grant to Expand Evidence Based, Voluntary Home Visiting to High Risk Families 11. 12:10 to 12:30 — Office of Administration Review Additions to the 2013 Legislative Agenda Iltsisiive listening devices are available ros use in the County BUam Room .aa.r e..;.rnn.n diva hn Mya iNforp. Pawl nip n....ar nrn IASI] 414.Fnnll EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * OCTOBER 23, 2012 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Human Resources A. Approval to convert a non- supervisory Maintenance Worker position to a supervisor position of Public Works Supervisory I in the Public Works Department. B. Approval for 1 Full Time Equivalent for a special project Community Health Specialist position to assist the epidemiologist and the Public Health Nurses in the Disease Prevention and Control program with emergency preparedness planning, training and exercises. Information Technology C. Approval to enter into a Service at Will agreement with Verizon Wireless for wireless services. Property Records and Taxpayer Services D. Approval of resolution setting aside 20 percent of the net proceeds from the tax forfeited sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. Public Health and Environment E. Approval to enter into an agreement with the Washington Conservation District for services related to the Wetland Conservation Act. Sheriff's Office F. Approval to enter into an agreement with the Washington Conservation District to fund general operations and services to county departments and county residents. G. Approval of an amendment to the 2012 Narcotics and Gang Task Force grant to extend the agreement through December 31, 2013 and provide an additional $95,000 in funding. H. Approval to enter into a grant agreement with the Minnesota Department of Public Safety, Homeland Security and Emergency Management Division, for funds in the amount of $35,000 to purchase night vision, GPS and sonar equipment for the Washington County Sheriff's Office. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved m one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assislive hslening devices are available for use In the Camay & Mai Roam e on, nwnel ,QO:,I,..,.,, a,.a rn yeenay....r,., 11,p.. n,.,... nInat• r_parerasa4., Rnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County, Minnesota Board of Commissioners - Actions Actions at the Tuesday, October 16, 2012 Board Meeting This page is a brief view of the actions taken by the Washington County Board of Commissioners. For further information, please telephone 651 - 430 -6001, Washington County's mission is to provide quality public services in a cost - effective manner through innovation, leadership, and the cooperation of dedicated people. Public hearing set on modification of redevelopment plan in Newport The Washington County Board of Commissioners will receive comment Nov. 27 on the modification of a redevelopment plan for a parcel of land in Newport in the Red Rock Gateway. The board set the public hearing at its meeting Oct. 13. The hearing will be during the board's regular meeting, at the county Government Center in Stillwater. The City of Newport, in cooperation with the Washington County Housing and Redevelopment Authority ( WCHRA), recently commissioned a redevelopment plan for the commercial, industrial and residential properties in the area commonly referred to as the "Red Rock Gateway" in Newport, The Red Rock Gateway is at the northern tip of the city at the intersection of Interstate 494 and Highway 61. It includes a variety of land uses and vacant sites, and for many years has been an aging, isolated industrial and commercial area. The WCHRA is preparing to modify Redevelopment Project Area No. 2 to include parcels in the City of Newport in and around the Red Rock Gateway for potential redevelopment. The hearing is required by state law. The City of Newport will also have a public hearing on the topic Nov. 1. Public hearing conducted regarding transferring parcels between school districts A public hearing to gather comment on transferring parcels between school districts in Woodbury was conducted by the Washington County Board of Commissioners Oct. 16. The hearing regarded a petition from Pulte Homes to detach and annex a number of parcels to and from school districts in a planned neighborhood that is split between school districts. No residents spoke at the hearing. After the hearing, the County Board gave its approval to the parcel transfers. The parcels in question lie in a newly - platted subdivision, Dancing Waters 1 Ith Addition. The housing development is in the northeast corner of Woodbury, bordered by Settlers Ridge Parkway on the west and Conifer Pass on the north. The new subdivision does not follow the line of the existing border between South Washington County School District 833 and Stillwater Area Public Schools District 834, A boundary change was already approved by the county in 2003, based on concept drawings for this development. Since then, minor changes have occurred in the layout of the subdivision, and as a result, further changes in the boundary are needed. The current owner and land developer, Pulte Homes of Minnesota, has worked with both school districts to create a new school district boundary through portions of the subdivision. Pulte Homes has submitted a petition for the annexation and detachment of the parcels according to state law, and both school districts have agreed to the proposed detachment and annexation of the parcels. Page 1 of 2 Aza will serve on WorkForce Investment Board Elizabeth Aza, representing U.S. Bank, will serve on the Workforce Investment Board, after the Washington County Board of Commissioners made her appointment Oct. 16. Her term will expire June 30, 2014. The WorkForce Investment Board is mandated by state law. The board is made up of area residents representing business, organized labor, and public agencies, with the majority of the members coming from businesses. Its purpose is to oversee employment and training programs in Washington County, and designate administrative entities, grant recipients, and program operators for the Workforce Service Area. County will seek grant to pay for computer programs to find family members to care for children The Washington County Board of Commissioners approved an application Oct. 13 to the Department of Hunan Services for a grant to pay for computer program licenses that will help search for relatives to care for children. The $3,132 grant would pay for license agreements from October 2012 through June 30, 2013, that would provide programs to access a data base that would search for relatives and view records whenever a child is placed in out-of -home care and a search is needed. Studies have shown children generally do better if a responsible relative can care for children if there is a need to be placed out of the parents' home, State law requires that the county search for available relatives to care for a child when a child is placed in out -of -home care. Munneke will continue to serve as county assessor Bruce Munneke will continue to serve as the Washington County Assessor, after a reappointment by the County Board Oct. 13. His next team will be Jan. 1, 2013, through Dec. 31, 2016. State law requires the appointment of a county assessor by the county board of commissioners, for a term of four years. The law notes that the county assessor shall be selected and appointed because of knowledge and training in the field of property valuation, and appointments must be approved by the Commissioner of Revenue to become effective. Munneke is a Senior Accredited Minnesota Assessor, and was hired as County Assessor June 5, 2001, overseeing the valuation of county tax parcels in compliance with state law. Sheriffs Office to receive grant to help with alcohol compliance checks The Washington County Sheriff's Office will receive two annual $1,560 grants from the Invitation Health Institute to cover the costs of alcohol compliance checks. The Washington County Board of Commissioners approved the grant agreement Oct. 16. The grants are for 2012 and 2013. Federal funds for the grant are provided under the U.S. Department of Justice's Enforcing Underage Drinking Laws Program to enforce underage drinking laws and educate retailers and community members regarding underage drinking laws. The money is used to cover the costs of alcohol compliance checks at establishments in Washington County, including paying for labor overtime and supplies. Page 2of2 Summary of Proceedings Washington County Board of Commissioners October 16, 2012 Present were Commissioners Dennis C. Hegberg, District 1; Bill Pulkrabek, District 2; Gary Kriesel, District 3; and Autumn Lehrke, District 4. Commissioner Lisa Weik, District 5, absent. Board Chair Hegberg presided. Commissioner Reports — Comments - Questions The Commissioners reported on the following items: - Commissioner Pulkrabek --- reported he would be attending the Resource Recovery Project Board meeting on Thursday; Commissioner Kriesel -- reported he attended a meeting of the Stillwater Community Symposium to discuss economic development; he announced that the county's Law Librarian Brian Huffman tendered his resignation; and he met with Senator Klobuchar and toured the St. Croix River Crossing construction area and gave her a briefing of the project; - Commissioner Lehrke — reported she taped a segment with the South Washington Telecommunications Company regarding the Red Rock Transit Station in Newport and the redevelopment site; she attended the Newport Planning Commission meeting which held a public hearing regarding the Regional Rail's application and conditional use permit for the redevelopment in Newport; she attended the Association of Minnesota Counties Board of Director's meeting and she asked that staff look at what other counties are doing to manage waste to hit the state mandated processing goals; and she attended the Metro Alliance for Healthy Families meeting; - Commissioner Hegberg --. reported he attended the Finance Committee meeting; he met with the City of Forest Lake to discuss an access across Hardwood Creek Trail if they move the city hall and fire hall to the Northland Mall location; he met with the Independent Business Association to discuss taxes and how it affects small independent businesses; he attended the Minnesota Inter- County Association meeting which focused on their legislative issues for 2013; he attended the Greater Minneapolis -Saint Paul meeting; he attended a Community Action Partnership Finance meeting; and on Saturday he attended Punkinmania in Mahtomedi where he was asked about the Piccadilly site and when that would be redeveloped. Community Corrections Approval to amend contracts from $198,000 to $228,000 for Multi- Systemic Therapy, a researched -based intensive, in -home family therapy program and alternative to juvenile residential placement. Community Services Approval of the following actions: - Appoint Elizabeth Aza, U.S. Bank, Oakdale, to the Workforce Investment Board to a first term expiring June 30, 2014; - Submit a grant application to the Department of Human Services for funds to reimburse license agreement with LexisNexis Accurint for up to three licenses at $116.00 per month for nine months starting October, 2012 through June 30, 2013. General Administration Approval of the following actions: - September 25 and October 2, 2012 Board meeting minutes; - Report on Department Head strategic planning session held on October 15; - Board correspondence was received and placed on file; - Board workshop held to review major projects included in the Draft 2013 -0217 Capital Improvement Plan, Housing and Redevelopment Adoption of Resolution No. 2012 -135 calling for a public hearing on the Modification of the Redevelopment Plan for Redevelopment Project No. 3 for November 27, 2012. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2012 -136, reappointment of Bruce Munneke as County Assessor for a term beginning January 1, 2013; - Public hearing held to consider a petition by Pulte Homes of Minnesota for detachment and annexation of certain parcels in the school district of 833 and 834; - Resolution No. 2012 -138, approving the detachment and annexation petition by Pulte Homes of Minnesota; and the County Attorney's office directed to prepare an Order conforming to the Board's decision to be acted on at a later Board meeting. Public Works Approval of the following actions: - Amendment #1 to contract with Hunt Electric Corporation for general electrical services; - Board workshop held to review the details of the Trunk Highway 36 and Hilton Trail interchange project; - Board workshop held to discuss projects associated with the St. Croix River Crossing project. Regional Railroad Authority Approval of the following actions: - August 21, August 28, and September 25, 2012 Regional Railroad Authority meeting minutes; Subrecipient Agreement No. SG- 2010 -015 with the Metropolitan Council for funding for the Gateway Corridor Alternatives Analysis Study. Sheriff's Office Adoption of Resolution No. 2012 -137 authorizing execution of grant agreement for the 2012- 2013 Compliance Check Grant Contract. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62°' Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners October 9, 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 is registered for two mobile workshop tours at the Rail — Volution Conference; she will also be talking about the Gateway Corridor, Rush Line Corridor, and the Red Rock Corridor as possible workshop destinations for the 2014 Rail --- Volution Conference in the Twin Cities; she attended the Metropolitan Energy Policy Coalition and noted that Washington County will be the vice chair of this committee in 2013; - Commissioner Lehrke — reported she met with the watershed district where they mentioned the effective tax rate and requested to know what Washington County's effective tax rate was for the last couple of years; and she will meet with the new School District 833 Superintendent Dr. Keith Jacobus to discuss recycling efforts in the schools and organics; - Commissioner Kriesel -- reported he attended the Metropolitan Energy Policy Coalition; he sat in on candidate forums; and he and Public Works staff met with the West Lakeland Town Board to discuss county policy regarding easements on right-of-ways and 22nd Street; - Commissioner Hegberg — reported he participated in two candidate forums. General Administration Approval of the following actions: - September 18, 2012 Board meeting minutes; - Reappoint Dale Borash, West Lakeland Township, to the Valley Branch Watershed District Board of Managers to a three year term expiring November 13, 2015; - 2013 Legislative Agenda, with additional items to be discussed at the October 23, 2012 Board meeting; - Commissioner Weik to attend the Rail — Volution National Transportation Conference October 13 through 17; this conference to be held in the Twin Cities in 2014; - Board correspondence was received and placed on file. Housing and Redevelopment Authority The Board met in workshop session with the Housing and Redevelopment Authority to review the proposed Red Rock Gateway Redevelopment Plan. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2012 -127, approving repurchase of tax forfeited land by Kathleen Henry; - Resolution No. 2012 -128, approving combination of tax forfeited parcels and private sale to adjoining land owners through sealed bid; - Resolution No. 2012 -129, approving repurchase of tax forfeited land by Donald Baierl. Public Health and Environment Approval of the following actions: - Natural Resources Block Grant funding from the Minnesota Board of Water and Soil Resources for 2013; - Board workshop held with the watershed management organizations' to discuss their proposed 2013 budgets, priority projects, and the Water Consortium Activities for 2012; and the Washington Conservation District's 2013 budget and information on the District's program services. Public Works Approval of the following actions: - Cooperative cost share agreement with the City of Stillwater for County State Aid Highway 23 construction; - Resolution No. 2012 -130, Metropolitan Council Recreation Open Space Acquisition Grant SG- 2012 -082; - Resolution No. 2012 -131, Metropolitan Council Grant Agreement SG2012 -074, for Hardwood Creek Regional Trail improvements; Metropolitan Council Grant Agreement SG2012 -075, for Phase 2 of the St. Croix Bluffs Campground improvements; and Metropolitan Council Grant Agreement 502012 -076, for Lake Elmo Park Reserve parking and trail improvements; - Cooperative agreement with the City of Woodbury for the construction of a turn lane at the intersection of County State Aid Highway (CSAH) 16 (Valley Creek Road) and CSAH 19 (Woodbury Drive); - - Resolution No. 2012 -132, bid award for Nordic Center parking area site improvement construction to Arnt Construction Company, Inc.; - Letter of support to the Minnesota Department of Natural Resources to issue permits necessary for the construction of the St. Croix River Crossing. Sheriff's Office Approval of the following actions: - Resolution No. 2012 -133, renewal of the joint powers agreement with the Minnesota Bureau of Criminal apprehension, Minnesota Internet Crimes Against Children Task Force; - Resolution No. 2012 -134, adoption of the Washington County All- Hazard Mitigation Plan; - Agreement with the Minnesota Department of Public Safety, Division of Homeland and Emergency Management to receive Fiscal Year 2012 funding through the Emergency Management Performance Grant Program, A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 "a Street N., Stillwater, Minnesota.