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HomeMy WebLinkAbout2012-12-18 CC Packetate THE OIRTHRLRCE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North December 18, 2012 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of December 4, 2012 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Special words by Matt Dean, House of Representatives 3. Proclamation: Sara Damon Month 4. Lily Lake Arena Improvements — Doug Brady OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Dev. Director 9. Public Wks Dir /City Engr. 10 Finance Dir. 11. City Attorney 12. City Administrator CONSENT AGENDA (ROLL CALL) 13. Resolution 2012 -203, directing payment of bills 14. Possible approval to carry over Capital Outlay Items: a) MIS b) Fire c) Library d) Plant City Hall e) Sewer, Parks, and Engineering (REVISED) 15. Possible approval to carry over Operating Professional Services — Community Development 16. Resolution 2012 -204, approving of Animal Humane Society (AHS) Letter of Understanding for Impound Housing Services (2013) 17. Possible approval to purchase 2 Mobile Data Computers — Fire 18. Resolution 2012- 205, a resolution approving abatement of certain special assessments — PIN: 33.030.20.31.0034 19. Resolution 2012 -206, approval of renewal of Wolf Tour Cycle license for 2013 20. Possible approval of Jetter/Vactor rehabilitation 21. Possible approval of LMCIT insurance liability waiver 22. Resolution 2012 -207, a resolution approving contract between the City of Stillwater and Sand Creek Group, Ltd. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None UNFINISHED BUSINESS 23. Possible approval of second reading of Ordinance 1054, an ordinance amending the Stillwater City Code Section 31 -300 entitled Establishment of Districts by Rezoning 18.92 acres to RB, Two - Family Residential (Ordinance — Roll Call) 24. Possible approval of second reading of Ordinance 1055, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "armory" and "municipal fire station" in the RB, Two - Family Zoning District as Specially Permitted Uses (Ordinance — Roll Call) 25. Possible approval of title transfer for Armory property (Resolution — Roll Call) (Available Tuesday) 26. Possible approval of second reading of Ordinance 1056, an ordinance amending Chapter 33 of the Stillwater City Code (Ordinance — Roll Call) 27. Possible approval of resolution adopting a modification to the development program For Development District No. 1, and modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 4 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and 469.174 to 469.179 (Resolution — Roll Call) NEW BUSINESS 28. Possible approval of members to Library Board (Resolution — Roll Call) 29. Possible approval the release of Regan lot from Bradshaw Addition Developer's Agreement (Resolution — Roll Call) (Available Tuesday) 30. Possible approval of member to Planning Commission (Resolution — Roll Call) 31. Hiring a consultant to complete reports related to the local designation of 604 4th St S and 216 Willard St W PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 32. Yellow Ribbon update STAFF REPORTS (CONTINUED) ADJOURNMENT * * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. / - if 77#17. 1 MAT "!: • u to t Dated, December 18'', 2012 Mr. Larry D. Hansen City Administrator City of Stillwater, MN 216 North Fourth Street Stillwater MN 55082 Dear Mr. Hansen, I am writing to you today on behalf of CNJ Rail Corporation, a New Jersey based rail transportation company. In this letter, our organization is requesting that the City council consider just two items, if possible: 1. The first is our offer to remove a locomotive currently sitting on City property which is the subject of an ongoing dispute between the City and its current owner, Mr. David Paradeau, and 2. The second item is our request that the council consider holding the abatement proceeding in abeyance for a very short period of time in order to permit the parties to finish the ongoing sale negotiations currently under way. CNJ Rail has recently become aware that the locomotive has been proposed to be salvaged for scrap metal. Given the locomotive's unique and long history, we feel that destroying this unique historical asset would be a tragic end to this amazing cultural artifact. In order to prevent this outcome from occurring, our organization has entered into serious negotiations with Mr. Paradeau to acquire this asset for use on our new tourist and freight railroad in Colorado. Since the locomotive is the subject of current litigation between the City and Mr. Paradeau, and given our late arrival on the scene, CNJ feels this proposal 1 letter of introduction, may give the City council sufficient information to hopefully reach a conclusion with regards to our request to hold the abate proceeding in abeyance ( but only for a very short period of time) in order to permit the parties sufficient time to negotiate a proper contract, secure all required insurance to protect the City's interest, and fulfill all the requirements that the town as set forth in order to secure the preservation of Locomotive 787 so that future generations can learn about and experience this wonderful piece of American history. In support of our request, we will briefly outline what our interest in the locomotive is, what we hope to accomplish, when we propose to complete the removal process, and how we propose to do it Given the late hour, and the long history between the City and Mr. Paradeau, we understand the skepticism that the Council may have towards this letter and request. Nevertheless, we hope that you will consider the arguments contained herein, and find it in your hearts to permit our proposal to move forward. Background Our firm has been aware of the availability of the Zephyr's locomotives for some time. However, we were not aware, until recently, that one of the locomotives was actually placed upon City property and was the subject of litigation. It was only when a recently written newspaper article arrived on my desk that we realized action needed to be taken if the locomotive was to be acquired for use and preservation. I have attached a copy for your review to this letter. Since learning about the pending demise of this unique asset, CNJ has made a reasonable effort to expeditiously complete a sales contract. However, do to the commencement of the first step in a two-part regulatory proceeding currently underway before the United States Surface Transportation Board in Washington DC, CNJ was unable to timely completely our proposed transaction with Mr. Paradeau. I have attached a copy of the STB action as a courtesy for the City's attorney, and any party who may be interested. Prior to drafting this proposal / offer, I spoke today, via telephone, with both the Mayor and the City Administrator. I explained, that given our very late arrival on the screen, there was no way possible for us to meet the already established deadlines. I did explain that we should be able to fulfill all the City's requirements that the may be set forth, if we are a given a brief window in order to complete the proposed transactions. Our Offer We are proposing to purchase the locomotive from Mr. Paradeau within the next couple of days. A purchase and We agreement is currently being drafted. We expect to immediately begin making arrangements to remove the locomotive, intact, from the City's property. If the City is willing to permit our transaction to move forward, unimpeded, we would be willing to enter into a removal agreement with the City to make this happen in accordance with terms that the City may set forth. I have been told that it is possible to remove the locomotive by the City's original January 25 deadline. Do to the short window CNJ has had to do its own due diligence, we have no reason at the moment to doubt the representations at this time. In my conversation with the Mayor on December 18&, I did inquire into just how rigid the city might be in holding to its original deadlines. I indicated that February 1' is a deadline date I would prefer, but given the current environment, I would understand if that was not possible. 2 We are currently making arrangements to have the locomotive shipped to live rail, Once at the railhead, certain repairs and improvements must be completed in order to have the locomotive shipped to us in Colorado. Additional Information CNJ realizes that previous representations made to the City council have fallen through and not come to fruition. We can not change the past but we can move forward from the present. In the spirit of good faith, CNJ is enclosing some of the correspondence between Mr. Paradeau and ourselves. The purpose is two fold. One, it demonstrates that the parties are really in serious negotiations, and two, the documents collaborate some of the representations which were made to both the Mayor and to the City Administrator. In addition, we enclosed our articles of incorporation, and a certificate of good standing, for your records in order to help bolster our creditability with the Council. We hope that the City council will consider our proposal and hopefully grant the relief we are seeking. Our organization would have been able to react quicker to the current crisis, but our organization was adversely effected by Hurricane Sandy which left our offices without. power for 14 days. We are still recovering from the effects of the storm, and it has seriously set us back by quite a few months. We apologize for the last minute filing of this request, but we really only found out about Locomotive 787's predicament within the last couple of weeks. Respectfully Submitted, r. Eric S Strohmeyer Vice President, COO CNJ Rail Corporation CC: I-&. David Paradeau Exhibit # 1 Newspaper Article 12/7/2012 12/18112 St ter: Paradeau " more time to move Zephyr locomotive - TvAnClties.com Stillwater: Paradeau gets more time to move Zephyr locomotive E' By Mary Divine zndivine(,,pioneerpressxom TwinCifies,rom-Pioneer Press Posted. TwinCities.corn The saga continues for the Minnesota Zephyr dinnier-train locomotive that was left on city-owned property in downtown Stillwater last summer. The Sti0water City Council voted unanimously Tuesday night, Dec. 4, to give Zephyr owner Dave Paradeau until Dec. 18 to provide a certificate of insurance and a performance bond for the locomotive. If Paradeau provides those items, he will be granted a 35-day extension to remove the train, which is sitting on blocks in the gravel parking area between P.D. Pappy's Music Bar & Grill and the Lofts of Stillwater condon*Am. The locomotive was left there July 27. If Paradeau does not provide the inbrmation, the council will reconsider the issue at its Dec, 18 meeting Paradeau, who lives in West Palm Beach, Fla., flew to Minnesota to plead his case before the council. Tuesday. He said Wednesday that he needs a 35-day extension to hire a salvage company to come to Stillwater to break apart the locomotive for scrap. Mayor Ken Haryeld said he trusts Paradeau wit make his deadline. IvVe want it out of there," he said. 'He said he has a plan and a guy who is going get it out of there." The train was moved from its original location to nuke way for the new Brown's Creek Trail. Paradeau sold the almost 6-mile train corridor to the Minnesota Department ofNatural Resources last year for $4.25 million Paradeau said his plans to sell the six Minnesota Zephyr di*g cars, which are being stored on Andersen Corp. land in Bayport, and two locomotives over the summer fell through when a buyer from the West Coast defaulted on a purchase agreement. On July 27, a main suspension beam on a 16 -axle trader snapped while crews were moving one locomotive, Paradeau said. Train movers let the locomotive right where it was -- on property owned by the city of Stillwater, he said. City officials gave Paradeau until Nov. 29 to remove the locomotive, his Paradeau appealed the order. City officials say the locomotive must be removed soon because it is sitting where city crews build a be= each spring to preventfloodig Paradeau said he is sad that he will have to sell his locomotive for scrap, but said he has no other options. 'It cost me $8,000 to have them set it down on the road, it would cost $10,000 to move it (to Paradeads property at the former train depot), and it would cost S 10,000 to $20,000 to move it ifI sold i� " be said. 'Its the law of dirrinishing returns. FU have that d** salvaged -- end of problem" Mary Divine can be reached at 651-228-5443. Follow her at twitter.com/MaryEDivine. tw*%ctties.com4ocainamici-2212MOtsti*4wter-pwWam-gets-more-time-move-zophyr4ocomotive?s... 171 Exhibit # 2 Proceeding Before The United States Surface Transportation Board Docket # 35705 .j --�- FEE RECO It ULU 13 10,1Z S'UP.PACIL T SOMW h RIN N WAN I.-T-AQ Finance Docket No. 35705 fir' 1 JAMES RIFFIN AND ERIC STROHMEYER — ACQUISITION AND OPERATION EXEMPTION — IN RIO GRANDE AND MINERAL COUNTIES, CO VERIFIED NOTICE OF EXEMPTION James Riffin and Eric Strohmeyer, (Applicants), non-carriers, provide the following as their verified exemption notice to acquire and operate over approximately 7 miles of Denver & Rio Grande Railway Historical Foundation fine within Rio Grande and Mineral Counties, CO. This action comes within the class of transactions which are exempt from regulation under 49 U.S.C.§10901. FILED 1. The following 49 CFR §1150.33 details are provided: SURFACE TRANSPORTATION BOARD (a) and (b): APPLICANT and representative to whom correspondences should be sen Cffllos��f IM James Riffin 1941 Greenspring Drive Timonium, MD 21093 (443) 414-6210 Eric Strohmeyer 81 Century Lane Watchung, NJ 07069 (908) 361-2435 DEC 13 2012 PdM "'* (c): A tentative agreement has been reached. The Applicants expect to file under seal a copy of the final executed agreement sometime before the date this Notice of Exemption becomes effective. (d): James Riffin and Eric Strohmeyer, or their designee, will be the operators of the line. (e): The following is a brief summary of the proposed activity: The Applicants propose to acquire non-exclusive local commodity-specific trackage rights over approximately 7 miles of the line of railroad owned by the Denver & Rio Grande Railway Historical Foundation line C'D&RGBF"'), between the beginning of the Line in Derrick (South Fork), CO, at Milepost 299.30, and ending about 10 feet before the first railroad trestle bridge that crosses the Rio Grande River, near Milepost 306.38, approximately 7 miles north of South Fork, CO, and to operate (carry) specific commodities. The Applicants propose to interchange with the San Luis and Rio Grande Railroad in Derrick, CO. Presently, the D &RGHF is the sole common carver operator on the Line. The D &RGHF will remain the sole common carrier operator on the Line between the south side of the trestle bridge and Creede, CO. Between South Fork, CO and the south side of the trestle bridge, the Applicants will become the primary common carrier on the Line. The D &RGHF will retain its residuary common carrier rights and obligations over this portion of the Line, including the obligation to carry Toxic by Inhalation ( "TIH ") commodities. In Eric Strohmeyer and James Rififin — Acquisition and Operation Application — Valstir Industrial Track in Middlesex and Union Counties, NJ, Finance Docket No. 35527, Served May 14, 2012, slip op. at 4, the STB made the following statements, which the Applicants rely upon in electing to transport all non- exempt commodities other than TIH commodities: "But the fact that a host carrier can grant another carrier commodity - specific trackage rights over the host's line .... Under a trackage rights arrangement, a grant or exchange of trackage rights does not extinguish the granting carrier's broad underlying common carrier obligation. In such situations, the granting rail carrier retains the § 11101 common carrier obligation to provide transportation for commodities that have not been exempted from regulation, even if it has granted another carrier the right to conduct commodity - specific operations on its line." The Applicants expressly disavow any obligation to carry TIH commodities, and expressly limit their common carrier obligations to carrying non -TIH commodities, such as, but not limited to, coal, cement and lumber. Applicants propose to consummate the transaction on or about January 15, 2013. The grantor of the trackage rights will be the Denver and Rio Grande Railway Historical Foundation, the present owner and operator of the Line. Acquisition of the trackage rights will be pursuant to an operating and trackage rights agreement. Pursuant to the Board's prior decisions, this Notice will merely authorize the Applicants to consummate the acquisition of the trackage rights and will allow the Applicants to operate over the designated portion of the Line once the Applicants have acquired non - exclusive local commodity- specific trackage rights over the line from the present owner of the line. (#): A map is attached hereto. (g): The Applicants certify that the projected annual revenues of the line of railroad the Applicants seek to acquire via this Verified Notice of Exemption, will not exceed the limits for a Class III railroad (will not exceed $5,000,000.00). N 2. Caption Summary required by 49 CFR § 1150.34, is attached. 3. Environmental and Historical Impact: Per 49 CFR § 1105.6 (c) (2) no environmental documentation need be prepared. (The thresholds in § 1105.7 (e) (4) or (5) will not be exceeded. The Applicants propose to operate only one or two trains per day.) The proposed activities will not affect any historic structures. Date: December 13, 2012 VERIFICATION Eric Strohmeyer We, James Riffin and Eric Strohmeyer, both being over the age of 2 1, and both being competent and authorized to execute this Verified Notice of Exemption, state, under the penalties of perjury, that we have read the foregoing Notice of Exemption, and that its contents are true and correct to the best of our personal knowledge and belief. James Rfffin Eric Strohmeyer CERTIFICATE OF SERVICE I hereby certify that on the 13'h day of December, 2012, a copy of the foregoing Notice of Exemption was served via first class mail on Mack Shumate, Jr., Senior General Attorney for the Union Pacific Railroad, Law Department, Room 1920, 101 N. Wacker Drive, Chicago, IL 60606-1718, telephone number (312) 777-2055. James Riffin 3 NOTICE OF EXEMPTION Finance Docket No. 35705 CAPTION SUMMARY JAMES RIFFIN AND ERIC STROHMEYER - ACQUISITION AND OPERATION EXEMPTION - IN RIO GRANDE AND MINERAL COUNTIES, CO James Riffs and Eric Strohmeyer, both non - carriers, have filed a Notice of Exemption under 49 U.S.C. §10901 to acquire non- exclusive local commodity- specific trackage rights from the Denver and Rio Grande Railway Historical Foundation, to operate approximately 7 miles of line in Rio Grande and Mineral Counties, CO, between Derrick (South Fork), CO, at Milepost 299.30, and the south side of the trestle bridge near Milepost 306.38. This action comes within the class of transactions which are exempt from regulations under 49 U.S.C. §10901. Comments must be filed with the Surface Transportation Board and served on James Riffin, 1941 Greenspring Drive, Timonium, MD 21093, and upon Eric Strohmeyer, 81 Century Lane, Watchung, NJ, 07069. This Notice is filed under 49 CFR § 1150.31, If the notice contains false or misleading information, the exemption is void ab initi©. Petitions to revoke the exemptions under 49 U.S.C. § 10505 (d) may be filed at any time. Filing petitions to revoke will not automatically stay the transaction. Dated: By the Board Cl Exhibit # 3 Miscellaneous Correspondence between the parties (redacted) 12118112 Pft Subject: Locomotives— Our conversation today From: Eric Strohmeyor (trjrail#vahco.com) To: ZophyrMftaotcom; Date: Tuesday, December 11, 2012 714 PM Dear Mr. Paradeau, As per our conversation of today please find our coquq comet i4madoit below. CNJ Rag Corporation Corporate Headquarters MwYkw oftim Colorado Offices 81 Ceretry Lam 1941 GTe=WringDrivt DD97 Ponderosa Ddw Wawfiung New Jersey 07069 Tail ixn Marybnd Sotth Fork, CO 811 S4 Tet (908) 361 - 2435 Fax (908) 756 - 6773 Fml- CNJRail@yahDo,corn CNJRail@MmaJlcom We are prepared to make the fbilowing Air far the urdt 787 of as is, Wh.e j& http V.Awww.yuuv*e.co tcW?v-ukvM757M Some other videos of the Inc can be tbund here: aboutblank 111 12JIN12 Print Subject: (no suNect) From: Zephyrmn@aol.com (Zephyrmn@aot.com) To: crdrail@yahoo.com-, Date: Monday, December 17, 2012 9:25 PM Eric. I am glad we talked. If you can make this happen, first wire the money ( for the #787 locomotive, that will trigger everything. If you can let me know about the #788 that would be great. Wire instruction: Chase Bank.. account. - I will send you a Bill Of Sale. Call Mr. Larry Hanson, City Manager at 651430 8800. Make arrangements for a performance bond. ($12,000). The dead line to remove the 787 from the city property is Jan. 25 1 believe. Double check the date with Mr. Hanson. This has to be done before the city council meeting tomorrow afternoon. I might be able to help you move the locomotive to live rail and.. I will find out about the wheels on both locomotives. DaVd L. Paradeau 10242 Hemnwood Lane West Palm Beach FL. 33412 Cell 612 803 3283 Office 561799 6601 Fax 561799 2799 about:Wvik 111 12/18/12 Print Subject: Re., (no subject) From: Eric Strohmeyer (cnjrail@yahoo.com) To: Zephyrmn@aol.rom; Date: Tuesday. December 18, 2012 11.32 AM Pursuant to the notice, we will have the r* to as&iVL or designate, who the operator wffi be. Our rights will be assigned to our NJ litnited babky company, which has already been incorporated. However, since the LLC's own regilatory process as yet to begin, our principal general railway liability insurance policy can not bind until STB approval has been received. In short, we wire you the money, and we will have a 130 ton uninsured liability city on City property. This has complicated the transaction on our part, because we need to have an entity take title which will meet the City's insurance requirements. The DRGRBF Could, (and is wft to), take tide for us, however, they currently only carry 1,000,000.00 in kibility itistirdtim, and they said this morning they am not sure if they can get the locotnotive onto their policy in a timely rmniter. I am working quickly to resolve: this problem today. I will advise when all the pieces are in place. Talk to you soon. Eric S. Strobateyer Vice President, COO CNJ Rail Corporation 908 361 2435 Frorn:"Zephyrmn@aol.com* <Zq*yrtnn@ad.com> To: enjrail@yahoocorn Sent: Monday, December 17, 2012 9:25 PM Subject: (no subject) Eric. I am glad we talked. 9 you can make this happen, first wire the money for the #787 locomotive, that will trigger everything. ff you can let me know about the #788 that would be reat. Wire instruction: Chase Bank.. account QaQ I will send you a Bill Of Sale. Call Mr. Larry Hanson, City Manager at 651430 8800. Make arrangements for a performance bond. aboutbiank 112 1211 B112 Print ($12,000). The dead line to remove the 787 from the city property is Jan. 251 believe. Double check the date with Mr. Hanson. This has to be done before the city council meeting tomorrow afternoon. I might be able to help you move the locomotive to live rail and.. I will find out about the wheels on both locomotives. Call me ASAR—David David L. Paradeau 10242 Hero nwood Lane West Palm Beach FL. 33412 Call 612 803 3283 Office 561799 6601 Fax 561 799 2799 aboutblank 212 Exhibit # 4 Follow up Correspondence between the City of Stillwater and Mr. David Paradeau (Faxed to CNJ on 12/1812012) Dec 18 12 02:50p David L Paradeau 561 799 2799 P.1 .ter THE BIRTHPLACE OF MINNESOTA December 5, 2012 Mn David Paradeau 10242 Heronwood Lane West Palm Beach, FL 33412 Re-, Abatement Order — Removal of Minnesota Zephyr Engine F-lJnit# 71$frorn City Property Dear Mr. Paradeau: This is to clarify action taken by the City Council at last night's meeting regarding the Abatement Order served on you on the 23d of November, 2012. 4 ' The City Council took action to grant a 35 day extension to the Abatement Order with the fu%t day beginning today, but subject to the following conditions: I Evidence of a binding contract for the demolition or removal of the train must be received, reviewed and approved by the City, 2. Adequate insurance coverage must be provided to protect the City against all risks associated with the removal of the train from City property, and 3. A performance bond or other security satisfactory to the City must be provided. All of these contingencies must be satisfied by the close of business on Tuesday, December 18". 2012. If all of the edIntingemies are apt satisfied and evidence given to you in writing prior to that date, removal of the train by the City pursumt to the Abatement Order will commence the folio w* day. If you have any questions about this directive, please contact me immediately. LDH/bas Sincerely, Lany D. Hansen City Admini"or, City of Stillwater CITY HALL, 216 NORTH FOURTH STREET - STILLWATER, MINNESOTA 55082 PHONE- 651-430-8800 WEB SITE: wwwci.stilwaternn.us Mail to: 110 BOA 308 STATE OF NEW JERSEY Trenton, NJ OM46 DIVISION OF REVENUE "FEE REQUIRED" PUBLIC RECORDS FILING FOR NEW BUSINE Fill out all information below INCLUDING INFORMATION FOR ITEM 11, and sign in this form constitutes your original certificate of incorporation/formationfregistrationlauthc forth is considered puhl&, Refer to the instructions for delivery/return options, filing fees remit the appropriate fee amount. Use attachments if more space is required for any field, or 1. Business Name: 0(VT Ad Ov 33 West State St. Sth Floor Trenton, NJ 08608-1214 D NOV X72011 U-10-119a 2. Type of Business Entity: � _V_ 3. Business Purpose: (See Instructions for Codes, Page 21, Item 2) (See Instructions, Page 22, Item 3) r All A //V cc-1/1111 4. Stock ( Domestic Corporations only; LLCs and Non-Profit leave blank). S. Duration (If Indefinite or Perpetual., leave blank): /1 060, 10" 5_114 '__5 6. State of Formation/incorporation (Foreign Entities Only): 7. Date of Formation/Incorporation (Foreign Entities Only): S. Contact Information: Registered Agent Name: RegLstercd Office: Main Business or Principal Business Address: (Must be a New Jersey street address) Street 15/ Ce17 &I," e, Street City— C G r7 Zip - & City Pwidlnt7 state N..'T- zip 9. Management (Domestic Corporations and Limited Partnerships Only) • For - Profit and Professional Corporations list initial Board of Directors, minimum of 1. • Domestic Non - Profits list Board of Trustees, minimum of 3; • Limited Partnerships list all General Partners. Name Street Address state Zip gz 6�1 W4 ya4 Aj 0 z 06^11 x The signatures below certify that the business entity has complied with all appficable riling requirements pursuant to the taws of the State of New Jersey. 10. Incorporators (Domestic Corporations Only, minimum of" i) Name Street Address city State zip 4�Z z�jhv IVIT 6 ze, Of Signature(s) for the Public Record (See instructions for Information on Signature Requirements) Name Title Date STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY FILING CERTIFICATION (CERTIFIED COPY) C N J RAIL CORPORATION 0101018707 I, the Treasurer of the State of New Jersey, do hereby certify, that the above named business did file and record in this department a Certificate of Incorporation on November 7th, 2011 and that the attached is a true copy of this document as the same is taken from and compared with the original(s) filed in this office and now remaining on file and of record. Certificate Number: 122061156 Verify this certificate online at hnps:1Avww /,state. nj. uvITYTR—StandingCertlJSPIVerify—Ceri isp Page 1 of 1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at Trenton, this 7th day of November, 2011 Andrew P Sidamon-Eristoff State Treasurer Nick Rowse How to preserve one of the Minnesota Zephyr engines December 18, 2012 5:29 PM Nick Rowse Date: December 18, 2012 From: Nick Rowse (952) 894 -8185, concerned citizen of Burnsville and visitor to City of Stillwater To: The Honorable Mayor Ken Harycki and Members of the Stillwater City Council During a recent visit to the City of Stillwater, I observed that both Minnesota Zephyr engines were up on blocks with the wheels (trucks) removed. After doing some research, I discovered that no -one had proposed preserving any part of the Minnesota Zephyr and that its engines would most likely be destroyed; thus, resulting in the significant loss of a part of Stillwater's history. I felt very disappointed and decided to see if I could come up with a way to preserve part of this history. I am here to present you my proposal to preserve at least one of the Minnesota Zephyr engines: Step 1. The Mayor of Stillwater would contact the owner, Mr. David Paradeau, to see if he would be willing to donate both Zephyr engines to the City of Stillwater for a tax write -off, providing the following actions are implemented. Step 2. Have Ken Buehler, Executive Director of Lake Superior Railroad Museum in Duluth at (218) 727 -8025 examine both Zephyr engines and select the best one for a public, static display. Step 3. Scrap the other engine with its trucks for $20,000 (estimate) to be set aside for preservation and display of preserved engine. Step 4. Use set -aside funds for crane to temporarily lift engine out of floodway, place it on City property adjacent to the new State trail, block it, and place sandbags around it to prevent flood damage until a permanent display is built. Step 5. Using set -aside funds, reassemble trucks under preserved engine and construct flood -proof platform with roof shelter and viewing platform with interpretive signage. Kent Skaar, Parks and Trails Division of the Minnesota Department of Natural Resources (651) 259 -5636 said that the MNDNR would not object to a static display of a Zephyr engine provided that enough clearance is provided for cyclists entering or exiting State trail, which abuts City property. The 1950's Zephyr engine would provide a focus of interest in attracting visitors to the downtown area of Stillwater due to its history. There is adequate time ( -3 months) to implement the above actions prior to spring runoff with the St. Croix River. Thank you for your time and attention. 2013 Watershed Administration eud is 12% Averma for Administrative Costs, RVvMWD Ramsey Washtngton Metro Iffetershad Disbirt CPASCWD Carnefish Markle St.. CrofiMtershed 01strki kqvo. Rfc*,Cmk Watershed District CPLFLWD Comfort.Lake. Forest Lake Watershed Omtrid SWWD South District MSCVVMO Middle U Croix Waler Management O!llartkatlorl VOWDL VaHey Branch WaWrshed Eftttkg Watershed Name. VBWD MSWM—O CIVISCWD CLFLWID BCWD SWWD RCWD RWMWD Annual Budget $874667 $25a r 675 IS66.700 ;1,200,287 $1.339,800 .$3,520.320 $5,085.085 7 758,479 Total Administrative Budget from Items listed below _1190,400 _$32j2O0,O4 $131,240 103.555 266RI28 $338.828 $643.770 Percent of budget that is administrative: 22% 12% 23% 9% 7% 7%1 9% Manager Comgepsntion &. ExRenses 14.000 $0 $8,= 16,250 $10, Dues & Publications $4 000 $4.000 .,$200 $3,900 $7125 _119.600 $210 19,000 Accountlng/Audit 20,000 $3,200 $9100 .$17.080 $11,000 $17129 $52,60.0 $40,000 Insurance & Bonds $10000 $4,000 $3,1500 :$11'.800 $3251 $26.000 Meeting Minutes /Clerical Costs $3,600 $1 i000 $3,300 !L4 200 :$47.829 $4,001) $5000 EquippLent $0 $2.000 $0 $9.000 $10,000 Office SuPPOWExpenditures/Eguipment $6W $375 $1,000 $19500 $o $7.500 16.089 $10,000 Rent $0 :$o $6,040 $5.015 $0 $22,606 99,000 Reproduction $0 $750 �1.000 $7,400 $1.600 $0 $594. $12,000 posts $200 375 500 $700 .1760 .$0 11.250 Staff Training. and Education $o $0 $2.000 $11000 $1,000 $4,000 $g 651 $26;000 Legal Costs - General $18,000 $10,000 1 �07b6 $18,000 $7.,869 $27,000 .$40,00 t taff En 'near Costs -General, not pEglact's pecific aff ""e"' $120,0,00 t2.000 $20.000 $24.000 $212-500 $0 S42,900 $99.000 d 15 ministrator - General Administration Costs tor' v g0,600 $36.000 $9.270 $42;800 $39727 $123J23 $124.000 Overhead/Benefits for staff 'Jerhead OFull $0 $24j1OQ $15,000 0 $64,693 $30 32 $29.770 time staff or contract? ull time staff Contract Contract Full rime Full Time Contract. F611 Time Full Time Full Time Full Time Administrator Salary n/A I wal §71 3 ,2501 We $79,868 $88,000 , $124;000 * The county recognizes this may not be an all inclusive list . of all watershed activities: "Administrator costs for VBWb are lumped with engineering costs. ' BCWD Brawres Creek Watershed Ws.bict RVvMWD Ramsey Washtngton Metro Iffetershad Disbirt CPASCWD Carnefish Markle St.. CrofiMtershed 01strki kqvo. Rfc*,Cmk Watershed District CPLFLWD Comfort.Lake. Forest Lake Watershed Omtrid SWWD South District MSCVVMO Middle U Croix Waler Management O!llartkatlorl VOWDL VaHey Branch WaWrshed Eftttkg 30% 25% A 9 20% CL M 10% .E- E 0% M06 Average- Washington County WIVIO aministrative -costs as a percentage of overall budget 2007-2013� 2007 7008 '2009 2010 2011 2012 2013 Year * *Lower S1 Croix WMO was dissolved and merged in 2009°2010. Year 1 2007 1 2008 1 2009 I 20101 2011 1 2012 1 2013 jAdministrative.cost average I 23,90%l 21.40%117-.'10%1 11-178%1 1.2140%1 12.4756 1 12.23 %1 2014 City of ti.Q.Qwaten, LAttnnesota c koeQatnatioin 'WHEREAS, Sara Damon has brought geography to life for the students of Stillwater 3- igh School• and 'WHEREAS, Sara Damon has gotten hundreds of students to reach out and help those in need; and WHEREAS, Sara Damon has facilitated the fundraising of six wells in South Sudan; and WHEREAS, Sara Damon has brought 4 incredible speakers to the Stillwater community; and WHEREAS, Sara Damon has changed the culture of the Stillwater Junior 3-ligh School. NOW, THEREFORE, 1, XEN 3- I4RYCKI, by virtue of the authority vested in me, as _Mayor of the City of Stillwater, do hereby proclaim December, 2012 "SARA DAMON MONTH" and call on all citizens to acknowledge the accomplishments of Sara Damon. IN 'WITNESS 'WHEREOF, 1 have hereunto set may hand and caused the Seal of the City of Stillwater to be affixed this 18th day of December 2012. RESOLUTION 2012 -203 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 $900,672.03 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 18th day of December, 2012. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -203 3M Ace Hardware Advanced Sportswear Amano McGann, Inc. Aramark Uniform Services, Inc Armor Security Inc. Aspen Mills Assoc. of MN Building Official AT &T Board of Water Commissioner Bornt Rich Cardinal Tracking, Inc. Carquest Auto Parts Century College Century Link City View Electric, Inc. Clareys Safety Equipment Clog Un- Boggler Inc. Comcast Digital Combustion, Inc. Fastenal Company Fire Safety U.S.A. Flexible Pipe Tool Co. Fury Dodge Chrysler Galls Gopher State One Call, Inc. Greater Stillwater Chamber of Commerce Guild Art H & L Mesabi Hardrives Inc. Heritage Embroidery & Design Heritage Printing, Inc. Hoisington Daniel Huaimin Ma International Code Council, Inc. J.H. Larson Electric Lake Elmo Oil, Inc Lemoine Chyrisse Lennar of Minnesota Linner Electric Co. Loffler Companies, Inc. Malmgren Daniel Marshall Electric Company Meisinger Construction Co. Inc. Scotchcal electrocut Supplies Jerseys & Uniforms Traffic bulb Mats and Uniform Monitoring Service Jan Boots and gloves 2013 City membership Phone November 2012 WAC Charges Reimburse for seminar milage and Envelopes Auto supplies Live burn training Phone 2013 Monitoring Maintenance agreement Unclog pipe Internet and voice Fire Studio Supplies Smoke fluid deep manhole tube holder Vehicle repair Ultra lite zipper boot Tickets 2013 Annual membership floor detail and dasher Plow blade 2012 Street project Jackets Forms 1st phase meetings and research Refund of parking tick issued in error 2013 Membership Repair Fuel Reimbursements Grading escrow refunds Floor heat system and bulbs Labor Complaint Investigation Fluorescent lights 2011 Ped walkway site work - March 2013 682.93 401.55 1,038.75 57.67 660.05 89.78 119.38 200.00 45.28 4,554.00 parking 64.40 403.36 236.27 225.00 376.48 308.52 265.50 205.00 735.77 780.00 1,079.37 182.00 201.99 1,443.20 72.25 259.55 685.00 297.11 447.65 412,622.10 154.50 416.43 4,000.00 10.00 125.00 2,436.78 140.65 190.37 3,000.00 3,043.75 337.50 246.03 591.97 24,441.12 EXHIBIT "A" TO RESOLUTION #2012 -203 Menards Metropolitan Council Minnesota Wanner Co. Minvalco, Inc. Nardini Fire Equipment Newman Signs Nording Mark Office Depot Olsen Chain & Cable, Inc. Performance Plus LLC Pioneer Press Plant Health Associates Proguard Sports, Inc. Ricks 36 Automotive Service RiedelI Shoes, Inc. S &T Office Products, Inc. Sand Creek Group St. Croix Boat & Packet Stillwater Motor Company Stillwater Towing Stillwater Township Sun Newspapers T.A. Schifsky and Sons, Inc. Thomson Reuters Tire Pros & Wheel Experts Complete Auto Service Toll Gas and Welding Supply Trans Union LLC Valley Trophy Inc. VCI Environment, Inc. Verizon Wireless Washington County Recorder Waste Management - Blaine Wenck Associates, Inc. Yocum Oil Company LIBRARY 1000 Bulbs Ace Hardware AudioGo Baker & Taylor Blocher, Carolyn Brodart BWI Collaborative Design Group Dell Gale Supplies Wastewater Charge Supplies Mod Vall motor relay Maintenance contract Supplies Year end showdown registr. refund Office supplies Repair Supplies Medical eval Notice of special meeting Period 10/1/12- 11/30/12 Supplies resale Vehicle repair Skates Supplies 2013 Contract Oct ramp cleaning Vehicle repair Towing 2012 Payment Annex Agreement Final plat approval Asphalt Information charges Tire repair Cylinders and supplies Info charges Plaque 402 Sycamore St - Asbestos Abatement Internet Variance Roll -off - hockey boards Lake vegitation mgmt 1848 -04 Fuel Lighting supplies Janitorial Supplies Audiobooks Library materials Various Library materials Library materials Capital roof repair Capital equipment Large print books Page 2 996.71 132,901.04 849.50 1,165.81 114.26 161.76 750.00 19.35 54.68 70.00 119.56 875.00 533.30 1,967.83 246.53 81.69 1,811.21 750.00 321.83 133.59 1,663.90 21.00 253.65 98.06 54.51 205.33 43.64 78.50 4,300.00 468.42 192.00 522.00 1,469.84 12,673.24 534.24 154.91 1,980.00 80.78 55.62 1,975.99 251.20 506.25 5,060.40 3,472.00 EXHIBIT "A" TO RESOLUTION #2012 -203 Heritage Printing Midwest Tape Office of Enterprise Technology Quill Recorded Books Washinton County Library Xcel Energy Library CC Amazon.com Barco Kowalskis Market Valley Bookseller ADDENDUM Aspen Equipment Company Clark Dan Coalition for St. Croix River Crossing Inc. ITL Patch Company Key Title Inc Magnuson David MN Treasury Office Depot SW /WC Service Cooperatives Washington County Assessors Division Washington County Attorney West Payment Center Wulfing David Xcel Energy Adopted by the City Council this 18th Day of December, 2012 Supplies Audiovisual materials Telephone Supplies Audiobooks Various Utilities Library materials Sign Reception supplie Books Plow Wing Sander & Dump Box for Mack Custodian Coalition invoice Police Shoulder Emblems 2nd pay HAF RED LLC Project Professional Service State share of Forfeiture Office supplies Retiree Health Insurance & COBRA Website subscription for Michael Pogge County's share of Forfeiture Information charges Reimburse for emergency vet visit Energy Page 3 78.45 676.25 655.81 172.99 5,088.00 2,027.13 3,732.50 486.51 89.95 71.39 41.60 102,732.53 1,057.50 10,000.00 80.16 30,000.00 17,726.42 33.30 268.37 54,223.94 250.00 66.60 98.06 429.15 22,672.28 TOTAL 900,672.03 {.ev‘se c� MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: December 18, 2012 SUBJECT: Carry Over of 2012 Capital Outlay Items DISCUSSION: This year staff requests that Council approve carryover of 2012 capital outlay (C /O) into 2013 that was unspent for 2012. Sewer Department CIO improvements $450,868.85 CIO machinery & equipment $270,000.00 Parks Department CIO machinery & equipment ,($63,909.37 Engineering CIO improvements $25,000.00 Staff is requesting that the $25,000 in the Engineering Improvements CIO be transferred to Equipment, in order replace one of the engineering vehicles. One of the vehicles is 15 years old and the chassis is rusting away and will need to be replaced soon.. RECOMMENDATION: Staff recommends that Council approve the carry -over of the above capital outlay items. A RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY TO THE MINNESOTA STATE ARMORY COMMISSION WHEREAS, the City of Stillwater and the Minnesota National Guard Department of Military Affairs of the State of Minnesota have negotiated the terms of a Use Agreement for shared use of a parcel of land for the construction and maintenance of a new Minnesota State Armory and a Stillwater Fire Station, and WHEREAS, it is necessary in furtherance of the Armory project that title to the parcel be held by the Minnesota State Armory Building Commission pursuant to the terms of joint Use Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Mayor and City Clerk are hereby authorized to execute the Deed in the form attached to this Resolution as Exhibit A. 2. That the City Staff is hereby directed to deliver the Deed to the Minnesota State Armory Commission forthwith. Enacted by the City Council of the City of Stillwater this 18th day of December, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk EXHIBIT A Parcel 1: That part of the West % of the Northwest VI, 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''/4 line, a distance of460 feet to the hereinafter referred to "Point B"; thence continuing Easterly, along said East - West' /4 line, a distance of 295.8 feet; thence Northerly parallel with the West line of Northwest'' /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'' /4 from said "Point B "; thence Southerly, along said parallel line to said Northerly right of way line of 75t'' 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 1/2 of the Northwest %, Section 29, Township 30 North, Range 20 West, described as follows: Commencing at the West'/ corner of said Section 29; thence Easterly; along the East - West'' / 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'' /4, Section 29 from the point of beginning; thence Southerly, along said parallel line to the point of beginning. 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 line 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 Northwester 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 rods) of said West 1/2 of the Northwest'/; thence Northerly, along said West line 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 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. (Parcel designations for reference only) STATE DEED TAX DUE HEREON: $ Date: , 2012 WARRANTY DEED FOR VALUABLE CONSIDERATION, the City of Stillwater, a municipal corporation, under the laws of Minnesota, Grantor, hereby conveys and warrants to The Minnesota State Armory Building Commission, a municipal corporation, under the laws of Minnesota, Grantee, real property in Washington County, Minnesota, legally described as follows: Attached as Exhibit "A ". Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None. Grantor knows of no wells on the property. Grantor Ken Harycki, Mayor Diane Ward, City Clerk Page 1 of 2 STATE OF MINNESOTA ) ss• COUNTY OF WASHINGTON. ) The foregoing instrument was acknowledged before me this day of , 2012, by Ken Harycki, Mayor, and Diane Ward, City Clerk, of the City of Stillwater, a municipal corporation, on behalf of the City of Stillwater, Grantor. (Stamp) THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson ( #66400) Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 651/439 -9464 (signature of notarial officer) Title (and Rank): My commission expires: Tax Statements for the real property described in this instrument should be sent to: Stillwater City Clerk Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 Page 2 of 2 EX1IIBIT A Pa reel l ; That part of the West 1/2 of the Northwest' /, 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'/ line, a distance of 460 feet to the hereinafter referred to "Point 13"; thence continuing Easterly, along said East - West''/ line, a distance of 295.8 feet; thence Northerly parallel with the West line of Northwest % 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 % 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 1/2 of the Northwest' /, Section 29, Township 30 North, Range 20 West, described as follows: Commencing at the West'/ corner of said Section 29; thence Easterly; along the East- West' /4 line a distance of 755.80 feet; thence Northerly parallel with the West line of said Northwest %, 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 %, Section 29 from the point of beginning; thence Southerly, along said parallel line to the point of beginning. 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 line to the Northerly right -of -way line of 75'h 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 Northwester 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' /, 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 %, 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 West 1/2 of the Northwest 1/4; thence Northerly, along said West line 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 the West line of said Northwest'' /4, Section 29 from the point of beginning; thence Southerly, along said parallel line to the point of beginning. (Parcel designations for reference only) 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 Planne Date: December 18, 2012 Re: Hiring a consultant to complete reports related to the local designation of 604 4th St S and 216 Willard St W BACKGROUND AND DISCUSSION On December 4, 2012, the City Council officially denied the demolition requests made by St Paul Lutheran Church for property at 604 4th St S and 216 Willard St W. This triggers the need for the City to complete local designation studies and to undertake the process of locally designating the two sites. City Staff contacted the State Historic Preservation Office (SHPO) and a number of area historic consultants about this project. Two firms (Thomas Zahn & Associates and Empson Archives) have turned down the job for various reasons and one firm will not return calls. The only firm that staff could find that would take on this project in the timeframe required by the ordinance is the 106 Group of St Paul. The City has used this firm in the past on various projects. The 106 Group's proposal calls for completing the project in two stages. Stage 1 will be to complete initial research on the two properties and to make an initial determination of significance. If after stage 1 it is determined that the properties are not significant the consultant will review this with the Council before proceeding to stage 2. Stage 2 will be to prepare the required designation reports and present the finding to the HPC and City Council. The cost to complete Stage I is $3,252.75 and the cost to complete Stage II is $13,327.03. The project includes a not to exceed amount of $16,580 with the exception that additional public meeting beyond two will be billed at the rate of $930.00 each. This is a very high price for the job on hand. SHPO is even surprised on the quote we received. However, the time line is the real driver along with the fact that with all of the new funding from the Clean Water, Land, and Legacy Grant consultants are busy with other work. If the Council desires to proceed with locally designating these two properties then staff believes that the proposal from the 106 Group is the only option available. Waiting two weeks until January 8th for additional quotes will make completing a draft report by January 30th impossible. ALTERNATIVES The Council has three alternatives to this request at this point u1 time. 1. Approve a contract with the 106 Group. If the Council wishes to, they could approve a contract with the 106 Group to complete reports related to the local designation of 604 4th St S and 216 Willard St W. 2. Deny. If the Council wishes, they could deny a contract with the 106 Group to complete reports related to the local designation of 604 4th St S and 216 Willard St W. If the Council denies the contract then the property owner will be permitted to demolish the two homes on May 5, 2013 once the 6 month review period is completed. 3. Take no action. The Council could choose to take no action. If the Council take no action on the contract then the property owner will be permitted to demolish the two homes on May 5, 2013 once the 6 month review period is completed. STAFF RECOMMENDATION Review and take an action THE 106 GROUP LTD. 370 SELBY AVE ST. PAUL, MN 55102 December 18, 2012 Michel J. Pogge, AICP City Planner City of Stillwater Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 Re: Two Historic Site Designation Studies 216 Willard Street; 604 4th Street South, Stillwater, Washington County, Minnesota Dear Mike: On behalf of the 106 Group, I am pleased to submit a proposal for preparing two Historic Site Designation Registration Forms for the two properties located at 216 Willard Street and 604 4th Street South. The 106 Group is a leader in the field of interpretive planning and heritage resources planning and management. Our staff bring extensive preservation planning knowledge, with experience ranging from landmark designation studies and National Register nominations to staffing a Minnesota HPC. At public hearings on August 6, 2012, and September 6, 2012, the Stillwater Heritage Preservation Commission (HPC) reviewed applications for demolition permits for the two referenced properties. At the public hearing on September 6, 2012, the HPC denied both applications on the basis that each property was a historic resource on the basis that each was "associated with significant events or with periods that exemplify broad patterns of cultural, political, economic, or social history "; "contains or is associates with distinctive elements of city or neighborhood identity "; and that there were feasible alternatives to demolition. On October 2, 2012, the Stillwater City Council (Council) held public hearings to review both demolition requests. The Council found that both properties were historic resources, that there were feasible alternatives to demolition. Based on these findings, the Council denied both demolition permit requests and directed City Staff to prepare a designation study for each property as provided in Section 22 -7 Subdivision 4 of the City Code. Section 34 -4, Subdivision 2.b.iii.1 of the City Code states that if a completed designation study is not approved within 180 days of the HPC determination, the building official shall approve the demolition permit. Therefore, time is of the essence for completing this project. Approach We propose a two step approach. Stage 1: The first step will be to determine confirm the significance of both properties pursuant to Chapter 22 -7 Subdivision 4.2 of the City Code and that they retain sufficient integrity to convey their significance. To do this we will complete an initial site visit to both properties to document the site and exteriors of the buildings with field notes and digital photographs. We will then conduct background research on both properties. Our recommendations will be presented verbally during a conference call with City staff. It is anticipated that no report will be provided during this phase. Stage 2: Provided that both properties have significance pursuant to Chapter 22 -7 Subdivision 4.2 of the City Code and retain sufficient integrity to convey their significance, the second step will be to prepare a Historic Site Designation Registration Form for each property. We propose submitting draft Historic Site Designation Registration Form to be reviewed by the HPC at their public hearing. HPC comments on the draft registration forms will be incorporated into the forms, prior to submission to the Council for Consideration. Each form will include a physical description of the property and the exterior of each building on it, a narrative statement of significance, a bibliography, geographic data, a map showing the location of the property, a sketch map of the property, and up to ten (10) photographs of the property. Photographs will be 4 x 6 inches in size and printed on archival paper. The draft Historic Site Designation Registration Forms will be provided in an electronic format. We will provide one (1) original copy of each final Historic Site Designation Registration Form that will be printed on archival paper and which will include one (1) set of printed photographs. We will also provide one electronic copy of the final Historic Site Designation Registration Form. Timeline: We propose the following timeline: December 19, 2012 January 9, 2013 January 31, 2013 February 1, 2013 March 4, 2013 March 5 -15, 2013 March 15, 2013 April 16, 2013 April 26, 2013 Execute a signed contract (given the urgent timeline for this project, if a contract cannot be executed by this date, we can proceed provided we receive a signed written notice to proceed) Conference call with City staff to review eligibility of properties for historic site registration Submit draft Historic Site Designation Registration Forms to City. Public notice for HPC public hearing HPC public hearing Revise Historic Site Designation Registration Form based on HPC comments Public notice for Council public hearing Council public hearing Council action signed by mayor and published Meetings and Conference Calls We will attend up to two (2) public hearings: one (1) with the HPC and one (1) with the Council. For these meetings, we assume that City staff will prepare a staff report and that we will present a brief history of each property and its significance, and be available to answer questions. If attendance at additional public meetings is requested, we can participate in these meetings for a cost not to exceed $930.00 per meeting, which included preparation time. We anticipate participating in up to seven (7) half -hour conference calls with City staff during the project: a project kickoff call (1), one call to review the eligibility of the properties at the end of Phase I (1), one to review the draft nominations (1), one before each public hearing to prepare for the hearing (2), and one after each public hearing to review the results of the hearing (2). Assumptions We assume the following: • The City will coordinate access to properties with owners • The City will be responsible for notice on public hearings • The City will prepare the staff report • Both properties will move through the public hearing process concurrently so that attendance will not be required at additional public meetings We request that the City of Stillwater provide the following: • An electronic map of the project location in GIS shapefile format; and • Any other pertinent project data in electronic format We welcome the opportunity to work, once again, with the City of Stillwater, to assist the City with its efforts to preserve its outstanding collection of historic properties. We can complete this study for an amount not -to- exceed $16,580. If you have any questions regarding our proposal, please contact us by phone at 651 - 290 -0977 or by emailing Greg at gregmathis @106group.com. Sincerely, THE 106 GROUP LTD. K. Anne Ketz Greg Mathis CEO & Services Director Senior Preservation Planner & Architectural Historian The 106 Group Ltd. 370 Selby Avenue 5t. Paul. MN 55102 Submitted to Estimated Costs Page 1 of 2 Stillwater Heritage Preservation Commission Research & Prep Rate Hrs. Total CRM Planner 6 $130.00 x 1.0 $130.00 Architectural Historian 5 $109.00 x 7.0 $763.00 GIS Technician 4 $80.00 x 1.0 $80.00 Architectural Historian 2 $50.00 x 36.0 $1,800.00 Total Labor: 45.0 $2,773.00 Expenses: $232.25 Subcontractors: $0.00 Total for Research & Prep: $3,005.25 Survey Rate Hrs. Total Architectural Historian 5 $109.00 x 1.0 $109.00 Architectural Historian 2 $50.00 x 7.0 $350.00 Total Labor: 8.0 $459.00 Expenses: $28.25 Subcontractors: $0.00 Total for Survey: $487.25 Local Landmark Nominati Rate Hrs. Total Architectural Historian 5 $109.00 x 30.0 $3,270.00 Architectural Historian 4 $80.00 x 7.0 $560.00 GIS Technician 4 $80.00 x 4.0 $320.00 Architectural Historian 2 $50.00 x 114.0 $5,700.00 Total Labor: 155.0 $9,850.00 Expenses: $19.78 Subcontractors: $0.00 it for Local Landmark Nominations: $9,869.78 Meetings & Calls Rate Hrs. Total Architectural Historian 5 $109.00 x 29.0 $3,161.00 Tel: 651.290.0977 Total Labor: 29.0 $3,161.00 Expenses: $56.50 Subcontractors: $0.00 Total for Meetings & Calls: $3,217.50 December 18, 2012 106group.com Fax: 651.290.0979 The 106 Group Ltd. 370 Selby Avenue 5t. Paul. MN 55102 Submitted to Estimated Costs Page 2 of 2 Stillwater Heritage Preservation Commission December 18, 2012 Tel: 651.290.0977 Total Labor: 237.0 Total Expenses: Total Subcontractors: $16,243.00 $336.78 $0.00 Total Estimate: $16,579.78 106group.com Fax: 651.290.0979 ate THE OIRTHRLRCE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North December 18, 2012 REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. Possible approval of December 4, 2012 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Lily Lake Arena Improvements — Doug Brady OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Dev. Director 7. Public Wks Dir /City Engr. 8. Finance Dir. 9. City Attorney 10. City Administrator CONSENT AGENDA (ROLL CALL) 11. Resolution 2012 -203, directing payment of bills 12. Possible approval to carry over Capital Outlay Items: a) MIS b) Fire c) Library d) Plant City Hall e) Sewer, Parks, and Engineering 13. Possible approval to carry over Operating Professional Services — Community Development 14. Resolution 2012 -204, approving of Animal Humane Society (AHS) Letter of Understanding for Impound Housing Services (2013) 15. Possible approval to purchase 2 Mobile Data Computers — Fire 16. Resolution 2012- 205, a resolution approving abatement of certain special assessments — PIN: 33.030.20.31.0034 17. Resolution 2012 -206, approval of renewal of Wolf Tour Cycle license for 2013 18. Possible approval of Jetter/Vactor rehabilitation 19. Possible approval of LMCIT insurance liability waiver 20. Resolution 2012 -207, a resolution approving contract between the City of Stillwater and Sand Creek Group, Ltd. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. None UNFINISHED BUSINESS 21. Possible approval of second reading of Ordinance 1054, an ordinance amending the Stillwater City Code Section 31 -300 entitled Establishment of Districts by Rezoning 18.92 acres to RB, Two - Family Residential (Ordinance — Roll Call) 22. Possible approval of second reading of Ordinance 1055, an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding "armory" and "municipal fire station" in the RB, Two - Family Zoning District as Specially Permitted Uses (Ordinance — Roll Call) 23. Possible approval of title transfer for Armory property (Resolution — Roll Call) (Available Tuesday) 24. Possible approval of second reading of Ordinance 1056, an ordinance amending Chapter 33 of the Stillwater City Code (Ordinance — Roll Call) 25. Possible approval of resolution adopting a modification to the development program For Development District No. 1, and modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 4 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and 469.174 to 469.179 (Resolution — Roll Call) NEW BUSINESS 26. Possible approval of members to Library Board (Resolution — Roll Call) 27. Possible approval the release of Regan lot from Bradshaw Addition Developer's Agreement (Resolution — Roll Call) (Available Tuesday) 28. Possible approval of member to Planning Commission (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 29. Yellow Ribbon update STAFF REPORTS (CONTINUED) ADJOURNMENT * * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. THE IIRTMRLRCE OF MINNESOTA CITY COUNCIL MEETING MINUTES December 4, 2012 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:33 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison MIS Specialist Holman Deputy Fire Chief Ballis Police Chief Gannaway City Planner Pogge Public Works Director Sanders Community Development Director Turnblad City Clerk Ward OTHER BUSINESS Public hearing for the proposed adoption of a modification to the Development Program for Development District No. 1, and the proposed modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 4 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes, §469.124 to 469.134 and 469.174 to 469.179. City Attorney Magnuson explained the proposal to change the boundaries of Development District No. 1 to coincide with City limits, with the exception of two small areas near Highway 5 which will likely be annexed into the City in the future when boundaries are cleaned up. The enlargement of the District will give the City flexibility to use increment from this District anywhere in the City, within legal restrictions. Mayor Harycki suggested the City may be better off waiting until the remaining parcels near Highway 5 are annexed, likely within a couple months. City Attorney Magnuson agreed and assured the Council the action may be taken anytime up until December 2013. STAFF REPORTS Webcasting Proposal MIS Specialist Holman reviewed a proposal from Granicus for the City of Stillwater and the Stillwater School District to share the cost of webcasting technology. The Granicus Transparency Suite is a cloud based application that allows users to store an unlimited amount of meeting data, upload and publish videos and documents such as packets and minutes. Content City Council Meeting December 4, 2012 is accessible through the website for the public to see and search through. Meetings may be watched live, on the internet or later, at their leisure. The public may also view packets, minutes and attached documentation. Also included is an iPad application called iLegislate that Council members might consider. The equipment would be installed in the council chambers and would be used by the City and the School District under a cooperative agreement. The upfront cost would be $2,625.00 to purchase and install the equipment, with the City of Stillwater share being $1,312.50. The monthly fee for cloud services is $724.00, of which the City would pay $362.00. The total annual fees for the City would be $4,344.00. The total cost for first year would be $5,656.50 plus tax. Dr. Corey Lunn, District Superintendent, noted that the technology would make it much easier for constituents to view school board meetings, especially because many households in the district have no cable access. Councilmember Menikheim commented that the technology would make the Council's meetings more transparent and be easier for staff, but he is concerned about cost and would rather see two - thirds, one -third split. Superintendent Lunn responded that he would have to take that to the Board. Tonight he is prepared to go 50/50. Mayor Harycki asked about implications for staff, and City Clerk Ward replied that the new system should not add to staff workload but should make their work easier. As for records retention and that State law designates written minutes as the official record, not videos or audios, which may be destroyed after three to six months. MIS Specialist Holman told the Council that the City's IT Department does not have money in the budget for this expense either this year or next. The money would have to come from another account. Councilmember Roush asked if Granicus would consider expanding the cost sharing contract to more than two entities and Ms. Holman answered that she believes there is no cost saving by adding entities; the reason cost splitting is an option in this case is because the two entities share the meeting facility. Motion by Mayor Harycki, seconded by Councilmember Menikheim to adopt Resolution 2012- 195, approving Granicus Service Agreement, splitting costs 50/50 with the School District as recommended. Ayes: Councilmember Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None In other staff reports, Police Chief Gannaway reminded the community that odd /even parking has been in effect since November 1. He also reported that the Police and Fire Departments worked with Unseen Angels organization on Thanksgiving to deliver about 80 meals to families in need. Also, there is three collection sites for Toys for Tots. The deadline is December 18 to drop off of new, unused, unwrapped gifts. MIS Specialist Holman asked the Council how the iPads are working, and if they wish to discontinue printed packets. All agreed the paper packets may be discontinued. She also Page 2 of 15 City Council Meeting December 4, 2012 requested non - political items to put on the City's Facebook page. Also, the City had about 35 participants in the health and wellness program for the year. Councilmember Polehna requested Specialist Holman look into using QR codes in the future. Mayor Harycki recessed the meeting at 5:27 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the recessed meeting to order at 7:06 p.m. Present: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Public Works Director Sanders Deputy Fire Chief Ballis Community Development Director Turnblad City Planner Pogge Police Chief Gannaway City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Mayor Harycki noted the sad news that longtime former City Employee and former County Commissioner Nile Kriesel lost his wife Martha last week. He offered condolences on behalf of the City. APPROVAL OF MINUTES Possible approval of November 13, 2012 regular meeting and executive session minutes Mayor Harycki noted a change regarding the pool in Liberty. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the minutes of the November 13, 2012 regular meeting and executive session as amended. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush and Mayor Harycki Nays: None PETITIONS, INDIVIDUALS AND DELEGATIONS Convention & Visitor Bureau Councilmember Polehna commended the CVB and IBA for putting on a wonderful family night and Twinkle Parade downtown last week. Page 3 of 15 City Council Meeting December 4, 2012 Retirement - Scott Schell, Public Works Mayor Harycki read a resolution commending retiring Public Works Employee Scott Schell for serving the City for over 28 years. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012 -193, approving Certificate of Appreciation to Scott Schell upon his retirement effective November 5, 2012. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None OPEN FORUM Tim McKee, 601 South Fourth Street, announced that a Stillwater Area Hospitality Association has just formed to provide a forum for increased communication between the City and the restaurant community. It also offers quarterly liquor awareness and security training through the Minnesota Licensed Beverage Association as well as Serve Safe Certification through the Minnesota Restaurant Association. Mayor Harycki extended an invitation for the Association to come before the Council with any issues and suggested this be done regularly. Councilmember Roush suggested the Association send meeting minutes to the City to stay connected. Councilmember Menikheim stated he attended the Association's first meeting which was a great start. Leslie Agard informed the Council that a group called FAN, Friends and Neighbors, is concerned about the condition of some of the houses in the City, for instance damaged roofs, siding and windows. She represents about 12 people who live on the South Hill who are interested in requiring repairs to be made to homes. Brad Junker, 305 West Willard Street, Stillwater Police Department Community Service Officer, part time Fire Fighter and member of the union that represents 17 city employees, expressed concern about contract negotiations. He loves Stillwater and stated that City employees work hard to uphold the best interests of the City and its inhabitants. He noted the many varied aspects of City employee work. City employees love working here and work diligently and faithfully. He understands that all but one of the City's union contracts remain open, and asked that the Council urge City staff to promptly negotiate fair contracts for all City employees. Norm Steere, 17060 160th Street, Stillwater Township, informed the Council that Stillwater Downtown Theater Corporation will be presenting three programs combining vintage film clips with live presentations if they can raise the funds. CONSENT AGENDA Resolution 2012 -189, directing payment of bills Possible release of capital funds - Library Resolution 2012 -190, adopting delinquent sewer charges Project No. 0001 Resolution 2012 -191, extending moratorium on Community -Wide Events within the City of Stillwater Page 4 of 15 City Council Meeting December 4, 2012 Resolution 2012 -192, approving health and dental insurance premiums and city contribution effective January 1, 2013 Possible approval for the purchase and installation of Nelson Street Pumping Station Grinder Pump Possible approval for the purchase and installation of tailgate brine tanks Possible approval of update of Rec Center generator to meet EPA new standards Resolution 2012 -194, adopting delinquent garbage charges Project No. 0002 Councilmember Cook questioned why the amount of delinquent charges is so high, and City Administrator Hansen responded that some citizens have the charges put on their property taxes and then try to deduct it on their income tax. Finance Director Sharon Harrison explained there is a 10% penalty when a delinquent charge goes to the County and a $10 quarterly penalty when it's not paid on time. Mayor Harycki suggested the Council look at this issue when fees are adopted in January. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Menikheim, Cook, Polehna, Roush, and Mayor Harycki Nays: None TRUTH IN TAXATION City Administrator Hansen presented the Truth in Taxation information, reviewing City services, budget information, proposed operating revenues and expenditures, revenue trends, local government aid and the property tax levy. 2013 proposed operating expenditures are very similar to what they were in 2012. The proposed 2013 General Tax Levy is $7,435,010 and the total proposed 2013 tax levy is $10,406,507 or a 1.56% increase over 2012. He also reviewed significant 2013 budget impacts, noting the City is still in a hiring freeze and a capital purchase freeze. He explained how the property tax rate is calculated to determine the city tax rate of 61.045 %. Most property tax payers in the City will see a decrease in property taxes. Frank Piontek, 197 Maryknoll Drive, questioned the proposed levy increase, asking if it is proportioned uniformly to all residents and businesses, and City Administrator Hansen responded that a state - mandated formula sets the tax rates. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -196, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2013. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution 2012 -197, adopting the final tax levy for the year 2013. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None Page 5 of 15 City Council Meeting December 4, 2012 PUBLIC HEARINGS Case No. 2012 -04. A public hearing to consider the new National Guard Armory and City Fire Station facilities proposed to be constructed immediately northwest of the intersection of Myrtle Street and Maryknoll Drive in the 13000 Block on County Road 12 (aka 75th Street). The Council will specifically consider: 1) annexation of an 18.92 acre property; 2) rezoning of the property from AP, Agricultural Preservation to RB, Two - Family Residential; 3) zoning ordinance amendment to allow armories and fire stations in the RB Zoning District by Special Use Permit; 4) Special Use Permit for the National Guard armory; and 5) Special Use Permit for the City of Stillwater Fire Station; and any related variances. Community Development Director Turnblad presented background information on the project. The City of Stillwater has been working with the Minnesota Army National Guard for a number of years to provide property suitable for a new readiness center (armory) to replace the existing facility in downtown Stillwater. The City has also been considering the construction of a new fire station for many years. In November 2010, these two independent projects came together when the City purchased a site that could accommodate both the new 79,465 square foot armory and a new centrally located seven -bay fire station. The building footprint is designed to accommodate a gymnasium expansion, should the City decide to construct that in the future. A new public road will be constructed connecting Boutwell to Maryknoll Drive. There are two proposed public entrances to the facility: the south entrance for the reception area of the fire station and the armory classrooms, and the north entrance which will be the primary public entrance to the armory. Mr. Turnblad continued that in order to proceed as proposed, the following actions would have to be taken: 1) annex the property; 2) rezone the property to RB, Two - Family Residential; 3) amend the City Zoning Code by allowing armories and municipal fire stations by Special Use Permit in the RB, Two - Family Residential Zoning District; 4) grant a Special Use Permit for the armory; and 5) grant a Special Use Permit for the municipal fire station. Jeff Bednar, Senior Traffic Engineering Specialist with SRF Consulting Group, addressed how the project might impact cut - through traffic in Croixwood. He presented a draft impact study report for the new facility showing that the proposal does not represent a significant negative impact to the study area and poses no significant degradations in levels of service. However there is a concern among residents about cut - through traffic. He indicated that Washington County is considering a right -in, right -out intersection at Boutwell and Myrtle. A supplemental traffic analysis indicated that the resulting increase in traffic on Maryknoll would not be significant. Community Development Director Turnblad pointed out that 45 -50 homes could have been accommodated on the site had it been developed as residential. Mr. Bednar added a single family home generates about ten trips per day. On a weekday, the Armory and Fire Station will generate roughly 400 trips per day. On a Guard drill weekend, there would be 170 soldiers reporting to the facility. Community Development Director Turnblad added that neighbors are concerned about potential noise. The Fire Department uses sirens only when life safety is involved. Deputy Fire Chief Ballis indicated that as soon as emergency vehicles turn onto Myrtle, the siren noise will dissipate quickly as they move away. Page 6 of 15 City Council Meeting December 4, 2012 Mayor Harycki opened the public hearing at 8:18 p.m. Mary Piontek, 197 Maryknoll Drive, disputed the traffic data. She feels she represents approximately 100 homeowners on Maryknoll, Oak Ridge and Croixwood Boulevard where traffic has increased steadily because of the failure of the City to design and manage adequate north -south feeder routes. She suggested the Council consider a signal at CSAH 12 and Maryknoll for north and south bound traffic that signals for a left or right turn only except for emergency vehicles. She further suggested leaving Boutwell open at CSAH 12 and possibly installing traffic calming measures on Maryknoll, Oak Ridge and the Armory road. Frank Piontek reiterated his wife's concerns, predicting there will be considerably more traffic on Maryknoll as a result of the project. He would like to distribute the additional traffic equally between Maryknoll, Brick, Deer Path and Northland rather than driving all the traffic to one corridor which is down Maryknoll. Deanne Bergevin, 680 Wildwood Lane, stated she hasn't heard discussion about traffic westbound toward the Armory. She is concerned about the short distance between all three right turn lanes, and the signal being at the top of a hill which could create a hazard. Mr. Bednar responded that typically the County has a signal timing plan designed so that unless there's traffic on Maryknoll, the green light will favor north and south bound Myrtle Street traffic. Ann Pung - Terwedo, Washington County Planner, reported that the County will be doing a feasibility plan of CSAH 12 to look at all accesses and designing an intersection for the Maryknoll extension, working with the City and residents in the area. Washington County also will work on an access management plan for CSAH 12 from Eagle Ridge to Highway 15. Pat Junker, 902 Eagle Ridge Place, expressed concern about the amount of traffic that will result from the facility. Dennis Arntson, Minnesota National Guard Project Manager, told the Council that the Guard concurs with all stipulations in the proposed resolutions. Regarding noise, he stated the Guard acts a lot like a classroom on drill weekends. There will be no outdoor shooting. David Korte, 3515 Pine Hollow Place, commended what the City has done on the project - which will result in response times being more balanced in all areas of the City. He thanked the City for all the work that has been done to make Stillwater safer. Mayor Harycki closed the public hearing at 8:36 p.m. Councilmember Cook expressed concerns about moving the fire station, adding that she has been unsuccessfully advocating for a substation downtown and needs more assurances that there will not be diminished service to the North Hill. She believes North Hill residents will be losing some response time they have been accustomed to. Deputy Chief Ballis answered that a station in the central corridor will serve the entire City equally, as well as serving the contract areas. He doesn't believe the North Hill areas will see a decrease in service. He also noted that if needed, Bayport would respond to a call on the North Hill under the mutual aid agreement. Page 7 of 15 City Council Meeting December 4, 2012 Motion by Councilmember Roush, seconded by Councilmember Polehna approve the first reading of an ordinance amending the City Code Section 31 -300 entitled Establishment of Districts by rezoning 18.92 acres to RB, Two - Family Residential. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the first reading of an ordinance amending the City Code Chapter 31, entitled Zoning Ordinance by adding "Armory" and "Municipal Fire Station" in the RB, Two - Family Residential Zoning District as specially permitted uses. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution 2012 -198, annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Resolution 2012 -199, approving a special use permit for the new Stillwater Municipal Fire Station. Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve Resolution 2012 -200, approving a special use permit for the new National Guard Readiness Center (aka Armory). Ayes: Councilmembers Menikheim, Roush, Polehna, and Mayor Harycki Nays: Councilmember Cook Case No. 2012 -31. A continued public hearing to a request for a minor Zoning Text Amendment for public above -grade patios and above -grade decks in the City of Stillwater. Community Development Director Turnblad explained that in response to the Rafters roof top patio SUP request, the City Council asked at its August 21st meeting that staff draft an amendment to the zoning code that requires certain special use permits to be reviewed and approved by the City Council. Currently the Planning Commission has the authority to approve most SUPs. On October 16th the City Council heard the first reading of the proposed ordinance amendment and requested that the language be altered to make the ordinance apply to SUPs in general (not specifically to roof top patios), adding that the Planning Commission would continue to review and issue most special use permits except when accountability or unusual public safety concerns arose. Page 8 of 15 City Council Meeting December 4, 2012 Mayor Harycki suggested the revised language go to the Planning Commission for review, as a courtesy. Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the first reading of an ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by providing for referral of some special use permits to the City Council. Ayes: Councilmembers Cook, Roush Nays: Councilmembers Menikheim, Polehna, and Mayor Harycki Councilmember Polehna expressed that he feels it is bad policy to not include the Planning Commission. Councilmember Cook reiterated that the issue has already been before the Planning Commission, and she would like to see the issue resolved while she is still a council member. Community Development Director Turnblad stated that the Planning Commission has reviewed the amendment, simply not the softened wording. He agreed to notify the Planning Commission of the language revision. UNFINISHED BUSINESS Possible approval of first reading of an ordinance to establish property maintenance standards. City Attorney Magnuson reported that Councilmembers and staff have been trying to figure out how to address the problem of deteriorating housing stock. It became apparent that building standards were in City Code until 1983 but because there was no enforcement staff, they were stricken. He has reworked the City of St. Paul's standards for consideration by the City of Stillwater. They address outside yard standards and exterior structure standards. Houses vacant for six months or more would need to be registered with the City. Councilmember Menikheim commented that the standards are needed. Mayor Harycki asked if this has gone to the Planning or Heritage Preservation Commission for review or comment, and Community Development Director Turnblad answered that it has not gone before the Commissions. City Attorney Magnuson added that this is not a zoning ordinance, it's a nuisance ordinance, so may not be under the purview of the Commissions. Councilmember Cook expressed that this is an important beginning because the Council has been discussing problem properties for a long time. Councilmember Roush stated that he has an issue with defining a vacant building. As worded, someone whose house has not sold for two years could be assessed $2,000. City Attorney Magnuson stated the registration fee of $1,000 applies only if they leave the house open and unattended for six months. Councilmember Cook asked if exemptions would be allowed. City Attorney Magnuson replied that a provision could be added to apply for an exemption if a home will be secured and looked after. The goal is to target homes that are vacant and neglected. Page 9 of 15 City Council Meeting December 4, 2012 City Administrator Hansen added that staff has suggested various changes since the ordinance was drafted last Friday, so it needs more fine tuning. Mayor Harycki suggested that among other revisions, the wording about grading and drainage needs to be tweaked to account for rain gardens. Councilmember Menikheim noted that the Council should tweak it more to get it right, but the process is underway and that's the most important thing. Councilmember Polehna stated that the ordinance is needed and enforcement needs to be looked at too. Councilmember Cook expressed frustration that the Council has been trying to resolve this issue for years and now it's down to the last two meetings of the year. Council directed staff to review and tweak the ordinance and bring back to Council. Possible approval of findings of fact related to Case No. DEM /2012 -30 for the demolition of a single family home located at 604 Fourth Street South and Case No. DEM /2012 -31216 Willard Street in the RB, Two Family Residential District in compliance with Ordinance No. 1047 of the Stillwater City Code. City Planner Pogge reviewed the history of the demolition requests. On October 2, 2012 the City Council took public testimony on both requests and took a straw vote denying the requests. On October 11, 2012 the church requested that the Council delay final action to discuss the issue with property owners. On November 8 the church held a neighborhood meeting. The church is now requesting the Council reconsider the October 2 straw vote. The Heritage Preservation Commission has denied the demolition permits. Mayor Harycki recalled the discussion about whether the homes were historically significant, and Mr. Pogge indicated that the issue of significance derives from how those properties impact the neighborhood, not necessarily that a significant person lived there. The Council needs to determine whether it should initiate a process that would locally designate these buildings. If this process is initiated, the City has until May 5 to obtain an independent consultant's report supporting the designation. If the consultant finds the buildings aren't significant, the demolition permit would be automatically approved. If the consultant finds the buildings are significant, that triggers a process of review by the Heritage Preservation and Planning Commission, and the Council would have to hold a public hearing to approve the designation. If this process is not completed by May 5 that automatically approves the demolition permit. He presented the three options available to the Council for action. Councilmember Cook pointed out that from what City Planner Pogge has stated, the consultant's determination, not the Council's action, represents the final voice in the matter. City Planner Pogge responded that the independent consultant chosen would have to meet the Secretary of the Interior standards for historic preservation, and would have to consult with the State Historic Preservation Office. Under the current ordinance, the consultant would be hired at City cost. Councilmember Menikheim stated on October 2 he voted against the denial, but has now reconsidered. At the November 8 meeting he heard more information about the mission of the church and the work that had gone into the proposal. He believes it was a mistake to demolish Page 10 of 15 City Council Meeting December 4, 2012 the three homes that were there previously, and denying the completion of that work for the church is to compound those mistakes. Today, there is not the historic character that the neighborhood would have if those other three houses remained. Councilmember Cook stated that she supports the HPC's recommendation and believes taking the remaining homes down compounds the mistakes. She believes the houses have historic significance and wonders about using TIF money to refurbish such houses. Mayor Harycki remarked if tearing down three houses was a mistake, tearing down two more is another mistake. Councilmember Roush stated the Council needs to understand the difference between something that's old and something that has historic significance. He would support having a third party consultant determine if there is significance. Councilmember Polehna stated the church has a right to fulfill its mission and a right to use its property. It's wrong to tell the church they need to keep the houses and fix them up. He feels the demolition sign is an eyesore and has been there too long. If the City wants to deny the demolition it should assist with moving the houses. Motion by Councilmember Cook, seconded by Councilmember Roush, to deny the request and adopt Resolution 2012 -201, adopting findings of fact, conclusions and order related to the denial of a demolition permit (604 Fourth St S) and Resolution 2012 -202, adopting findings of fact, conclusions and order related to the denial of a demolition permit (216 Willard St W). Ayes: Councilmembers Cook, Roush, Mayor Harycki Nays: Councilmembers Menikheim, Polehna Possible approval of 2nd reading of Ordinance 1053, an Ordinance amending Chapter 43 of the City Code "Liquor" City Attorney Magnuson reviewed the amendment. The ordinance defines unlawful conduct more precisely, eliminates previous language about outside crowds, increases the number of incidents to ten in a calendar year, and provides that the Police inform the license holder if more than five citations are written. The Council needs to determine penalties when the license schedule is adopted after the first of the year. Police Chief Gannaway stated there is one establishment in particular that the ordinance is designed for. He would want to see significant penalties, as this is an establishment that the City is having major issues with. Councilmember Cook noted there were many bar owners present at the second meeting on this topic that she attended. Most seemed to believe they are already practicing good standards. Larry Odebrecht, representing the family of Adam McCloud who was killed two months ago in a bar fight, told the Council it has been a great experience working with the City and the ordinance is a good thing because it gives the City some tools to use when an incident gets out of hand. He thanked the Chief and other staff for their support. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Ordinance 1053, an ordinance amending Chapter 43 of the City Code "Liquor." Page 11 of 15 City Council Meeting December 4, 2012 Ayes: Councilmembers Menikheim, Cook, Roush, Polehna, Mayor Harycki Nays: None NEW BUSINESS Update on Event Survey Community Development Director Turnblad reported that next Tuesday, the survey process will begin. Readex, the event consultant, will randomly select 2,000 addresses to receive the survey kit. The kits will be mailed out December 13, follow up letters will be sent to non - responding addresses on January 3, and fielding ends January 24 when data will begin to be analyzed. On February 4, the raw data will be available to the City, and Readex will make a formal presentation to the Council on February 19. Councilmember Cook reminded the Council that they had also discussed giving the public additional opportunities for input. Update on Lift Bridge schedule Public Works Director Sanders stated that at the request of Councilmember Cook, staff was asked to explore changing the current lift bridge schedule. MnDOT has indicated it would not support a change in the lift bridge schedule until after the new river crossing project is completed, and if the City were to pursue a schedule change, MnDOT would require a study on how both boat and vehicle traffic would be impacted by the change in schedule. Councilmember Cook stated she was dismayed that MnDOT was not more helpful to the City in this process. She would like the Council to pursue the issue because the traffic will be here until the new bridge is built. Mayor Harycki stated one factor might be that MnDOT is leaderless right now. Possible approval of No Parking on Northwestern Avenue Public Works Director Sanders informed the Council that he received a request from a business owner for parking restrictions on the east side of Northwestern Avenue from Tower Drive North to Curve Crest Boulevard. There is a hazard for cars coming out of parking lots. Mayor Harycki and Councilmember Polehna stated they have reviewed and looked at the request and don't see a problem there. Motion by Councilmember Roush, seconded by Councilmember Polehna, to deny the request. All in favor. Extension request on Abatement Order - David Paradeau City Administrator Hansen stated that the train owner was notified it needed to be removed by December 1. When it was not moved, City Administrator Hansen issued an abatement order last week because he became aware it was a public safety issue. There is a contractor currently working in town now who can remove the train at a cost savings, but Mr. Paradeau has appealed the abatement. Mr. Paradeau indicated that he doesn't blame the City for trying to get the train removed but it has been very difficult. When the contractor he hired attempted to move the train to Bayport on Page 12 of 15 City Council Meeting December 4, 2012 July 27, a suspension beam cracked, and at the same time the potential buyer of the Minnesota Zephyr Dinner Train defaulted, so the train was not able to be shipped to Oregon. He has called 150 places in an attempt to find a secured area to store the train. He has had several items stolen from the site even including ties and rail. He has contracted a salvager to come in pending notification from the Council, which will be on site December 17 and have the train removed within 35 days. He would like a 35 day extension to the abatement order. He stated ** it would be cut and removed but he doubts there would be much noise from the salvaging. Councilmember Menikheim noted that he understands these problems but they are Mr. Paradeau's problems. He asked what happens if the train is not gone in 35 days? Mr. Paradeau responded the company would have been here now but are taking three locomotives apart elsewhere. He is confident they are reliable and it can be done. Councilmember Polehna asked if Mr. Paradeau would be willing to provide a performance bond assuring that the train would be gone in 35 days. Mayor Harycki asked about City liability if the work is being done on City property and someone gets injured. City Attorney Magnuson responded that the City would probably want some insurance coverage. Mr. Paradeau added that the contractor has bonding insurance. He is willing to check with the contractor to see if they can name the City as an additional insured. He reviewed the exorbitant costs involved with each part of the process of moving the train. He wants the City to know it wasn't carelessness that has resulted in the train sitting there. He agreed to contact the contractor tomorrow to check on obtaining a performance bond and proof of insurance. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to hold off on abatement for two weeks and allow until the next Council meeting to satisfy City Administrator Hansen that there has been security provided in the form of a deposit or a bond that will guarantee the removal of the train in 35 days, and adequate liability insurance coverage to protect the City. If the action is not taken within two weeks, the Council will enact the abatement on the Wednesday following the Council meeting. All in favor. Possible approval of first reading of ordinance amending Chapter 33, Building Code City Attorney Magnuson shared that during the staff meetings on the problem property standards, it became evident that three sections had been eliminated from City Code by mistake. This ordinance reinstates these three sections which authorize the building official to revoke a permit and put time limits on how soon they must be used. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to approve the first reading of an ordinance amending Chapter 33 of the Stillwater City Code. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush, Mayor Harycki Nays: None Page 13 of 15 City Council Meeting December 4, 2012 COUNCIL REQUEST ITEMS Councilmember Roush asked what is the next step in the Armory project, and City Attorney Magnuson replied at the next Council meeting, the Council will sign a deed transferring the real estate to the Armory Trust. Community Development Director Turnblad added that at the next Council meeting, the Council will hold second reading for adoption of the two ordinances, and will transfer title. After that, Congress needs to appropriate the funds to implement the Defense Department's plan which could happen as early as the beginning of February. Mayor Harycki asked about the barn on the site, and Community Development Director Turnblad replied the City has been trying unsuccessfully to find a salvage company to take the barn; therefore staff will look at other options. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 10:20 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012 -189, directing payment of bills Resolution 2012 -190, adopting delinquent sewer charges ProjectNo. 0001 Resolution 2012 -191, extending moratorium on Community -Wide Events within the City of Stillwater Resolution 2012 -192, approving health and dental insurance premiums and city contribution effective January 1, 2013 Resolution 2012 -193, approving Certificate of Appreciation to Scott Schell Resolution 2012 -194, adopting delinquent garbage charges ProjectNo. 0002 Resolution 2012 -195, approving Granicus Service Agreement, splitting costs 50/50 with the School District as recommended. Resolution 2012 -196, adopting the final budget and the commitment of certain revenue sources for the fiscal year 2013. Resolution 2012 -197, adopting the final tax levy for the year 2013. Resolution 2012 -198, annexing land to the City of Stillwater pursuant to the Joint Resolution of the City and Town of Stillwater as to orderly annexation dated August 16, 1996. Resolution 2012 -199, approving a special use permit for the new Stillwater Municipal Fire Station. Resolution 2012 -200, approving a special use permit for the new National Guard Readiness Center (aka Armory). Resolution 2012 -201, adopting findings of fact, conclusions and order related to the denial of a demolition permit (604 Fourth St S) Page 14 of 15 City Council Meeting December 4, 2012 Resolution 2012 -202, adopting findings of fact, conclusions and order related to the denial of a demolition permit (216 Willard St W) Ordinance 1053, an ordinance amending Chapter 43 of the City Code "Liquor." Page 15 of 15 LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2012 -203 3M Ace Hardware Advanced Sportswear Amano McGann, Inc. Aramark Uniform Services, Inc Armor Security Inc. Aspen Mills Assoc. of MN Building Official AT &T Board of Water Commissioner Bornt Rich Cardinal Tracking, Inc. Carquest Auto Parts Century College Century Link City View Electric, Inc. Clareys Safety Equipment Clog Un- Boggier Inc. Comcast Digital Combustion, Inc. Fastenal Company Fire Safety U.S.A. Flexible Pipe Tool Co. Fury Dodge Chrysler Galls Gopher State One Call, Inc. Greater Stillwater Chamber of Commerce Guild Art H & L Mesabi Hardrives Inc. Heritage Embroidery & Design Heritage Printing, Inc. Hoisington Daniel Huaimin Ma International Code Council, Inc. J.H. Larson Electric Lake Elmo Oil, Inc Lemoine Chyrisse Lennar of Minnesota Linner Electric Co. Loffler Companies, Inc. Maimgren Daniel Marshall Electric Company Messinger Construction Co. Inc. Scotchcal electrocut Supplies Jerseys & Uniforms Traffic bulb Mats and Uniform Monitoring Service Jan - March 2013 Boots and gloves 2013 City membership Phone November 2012 WAC Charges Reimburse for seminar milage and parking Envelopes Auto supplies Live burn training Phone 2013 Monitoring Maintenance agreement Unclog pipe Internet and voice Fire Studio Supplies Smoke fluid deep manhole tube holder Vehicle repair Ultra lite zipper boot Tickets 2013 Annual membership floor detail and dasher Plow blade 2012 Street project Jackets Forms 1st phase meetings and research Refund of parking tick issued in error 2013 Membership Repair Fuel Reimbursements Grading escrow refunds Floor heat system and bulbs Labor Complaint Investigation Fluorescent lights 2011 Ped walkway site work 682.93 401.55 1,038.75 57.67 660.05 89.78 119.38 200.00 45.28 4,554.00 64.40 403.36 236.27 225.00 376.48 308.52 265.50 205.00 735.77 780.00 1,079.37 182.00 201.99 1,443.20 72.25 259.55 685.00 297.11 447.65 412,622.10 154.50 416.43 4,000.00 10.00 125.00 2,436.78 140.65 190.37 3,000.00 3,043.75 337.50 246.03 591.97 24,441.12 EXHIBIT "A" TO RESOLUTION #2012 -203 Menards Metropolitan Council Minnesota Wanner Co. Minvalco, inc. Nardini Fire Equipment Newman Signs Nording Mark Office Depot Olsen Chain & Cable, Inc. Performance Plus LLC Pioneer Press Plant Health Associates Proguard Sports, Inc. Ricks 36 Automotive Service Riedell Shoes, Inc. 5 &T Office Products, Inc. Sand Creek Group St. Croix Boat & Packet Stillwater Motor Company Stillwater Towing Stillwater Township Sun Newspapers T.A. Schifsky and Sons, Inc. Thomson Reuters Tire Pros & Wheel Experts Complete Auto Service Toll Gas and Welding Supply Trans Union LLC Valley Trophy Inc. VCI Environment, Inc. Verizon Wireless Washington County Recorder Waste Management - Blaine Wenck Associates, Inc. Yocum Oil Company LIBRARY 1000 Bulbs Ace Hardware AudioGo Baker & Taylor Blocher, Carolyn Brodart BWI Collaborative Design Group Dell Gale Supplies Wastewater Charge Supplies Mod Vall motor relay Maintenance contract Supplies Year end showdown registr. refund Office supplies Repair Supplies Medical evai Notice of special meeting Period 10/1/12 - 11/30/12 Supplies resale Vehicle repair Skates Supplies 2013 Contract Oct ramp cleaning Vehicle repair Towing 2012 Payment Annex Agreement Final plat approval Asphalt Information charges Tire repair Cylinders and supplies Info charges Plaque 402 Sycamore St - Asbestos Abatement Internet Variance Roll ofF - hockey boards Lake vegitation mgmt 1848 -04 Fuel Lighting supplies Janitorial Supplies Audiobooks Library materials Various Library materials Library materials Capital roof repair Capital equipment Large print books Page 2 996.71 132,901.04 849.50 1,165.81 114.26 161.76 750.00 19.35 54.68 70.00 119.56 875.00 533.30 1,967.83 246.53 81.69 1.,811.21 750.00 321.83 133.59 1,663.90 21.00 253.65 98.06 54.51 205.33 43.64 78.50 4,300.00 468.42 192.00 522.00 1,469.84 12,673.24 534.24 154.91 1,980.00 80.78 55.62 1,975.99 251.20 506.25 5,060.40 3,472.00 EXHIBIT "A" TO RESOLUTION #2012 -203 Page 3 Heritage Printing Supplies 78.45 Midwest Tape Audiovisual materials 676.25 Office of Enterprise Technology Telephone 655.81 Quill Supplies 172.99 Recorded Books Audiobooks 5,088.00 Washinton County Library Various 2,027.13 Xcel Energy Utilities 3,732.50 Library CC Amazon.com Library materials 486.51 Barco Sign 89.95 Kowalskis Market Reception supplie 71.39 Valley Bookseller Books 41.60 MEMORANDUM To: Mayor and Council From: Rose Holman, MIS Specialist Date: December 14, 2012 Subject: Rollover of Unexpended 2012 Capital Outlay (5310) Funds This memo is to request Council approval to rollover unexpended 2012 Capital Outlay funds. I am requesting rollover for the 5310 account (MIS computer equipment) for several departments. 100 — 4020 MIS $ 9000.00 100 — 4030 Finance $ 47,500.00 100 — 4040 Administration $ 2,000.00 202 — 4202 Recreation Center $ 6,798.00 100 — 4060 Police $ 26,493.00 100 — 4070 Fire $ 11,046.00 100 — 4090 Engineering $ 1,200.00 100 — 4100 Streets $ 7,200.00 240 — 4240 Parks $ 1,200.00 700 — 4700 Sewer $ 1,200.00 These are the amounts that I am requesting to rollover from each department for 2012. However, some of these amounts will be reallocated as needed for 2013. I will provide Finance with the reallocation amounts. STAFF REQUEST ITEM Department: Fire Date: December 10, 2012 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request Council approval to carry over unexpended 2012 Capital Outlay funds and place the remaining funds into the 2013 Fire Department Capital Outlay budget. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Carry over requested per the Finance Director as of December 10, 2012: 2012 Capital Outlay Machinery & Equipment $ 13,261.89 2012 Capital Outlay Automotive Equipment 2012 Capital Outlay Improvements $125,000.00 $ 12,200.00 Total: $150,461.89 ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser Date: December 10, 2012 Stillwater Public Library 224 Third St. N. Stillwater MN 55082 www.stillwaterlibrary.org To: Mayor and City Council From: Lynne Bertalmio, Library Director Re: 2012 Capital Budget December 12, 2012 There are three items remaining in the library's 2012 capital plan. We would like to roll these items into our 2013 capital budget as there is not now time to complete the purchase /installation process by the end of the year. AV Equipment $3,500 Building Monitoring Improvements $3,000 Conference Room White Board $1,500 Memo DATE: December 14, 2012 TO: Mayor and City Council FROM: Sharon Harrison Finance Director RE: 2012 Capital Outlay Rollover Request Staff is requesting the rollover of the following capital outlay item: Building improvements: $13,000 These funds will be used for any unforeseen capital outlay items necessary for City Hall. MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Direc of Public Works DATE: December 14, 2012 SUBJECT: Carry Over of 2012 Capital Outlay Items DISCUSSION: This year staff requests that Council approve carryover of 2012 capital outlay( C/O )into 2013 that was unspent for 2012. Sewer Department C/O improvements $450,868.85 C/O machinery & equipment $270,000.00 Parks Department C/O machinery & equipment $59,600.87 Engineering C/O improvements $25,000.00 Staff is requesting that the $25,000 in the Engineering Improvements C/O be transferred to Equipment in order replace one of the engineering vehicles. One of the vehicles is 15 years old and the chassis is rusting away and will need to be replaced soon. RECOMMENDATION: Staff recommends that Council approve the carry -over of the above capital outlay items. Water ___,--- -,...---,----. T h e B i r t h p l a c e o f M i n n e s o t a ' ) DATE: December 14, 2012 TO: Mayor & Council Members REGARDING: Rollover of Profession Services Funds to 2013 MEETING DATE: December 18, 2012 AUTHOR: Bill Turnblad, Community Development Director The $8,000 budgeted by the Community Development Department in 2012 for Professional Services has not been spent this year. It was intended to be used primarily to match SHPO grants for heritage preservation consultants. However, other grant funds were available this year for SHPO matching, so the budgeted Professional Services funds were not used. I am requesting that the City Council approve rolling the $8,000 into the 2013 budget. The funds can be used to cover the unexpected cost of hiring a heritage preservation consultant for the St. Paul's Lutheran Church demolition case. The balance could be used to augment funds being set aside for updating the Downtown Chapter of the Comprehensive Plan. bt animal humane society Animal Humane Society and City of Stillwater, MN Letter of Understanding for Impound Housing Services 2013 1. The Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. Medical care in the form of vaccination following our standard vaccination protocols, as well as treatments for sick or injured animals impounded during regular business hours. c. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. d. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. e. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. g. Hold animal for the legally required stray holding period: 5 days in MN, 7 Days in WI or until reclaimed by owner within this holding period. 2. AHS expectations: a. The AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. 3. The City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by the AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. Buffalo * Coon Rapids * Golden Valley * St. Paul * Woodbury Telephone 763 522 4325 www.animalhumanesociety.org 1 c. Direct citizens where to take stray animals when not receiving permission for impoundment at the AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and /or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard stray holding fee of $130 per canine or feline and a $40 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. AHS will charge a $10 administrative /processing fee to the municipality for each animal reclaimed by its owner in place of the stray holding fee. In these instances AHS will charge the owner reclaim fees. Fees for animals seized by the municipality (such as rabies quarantine) may vary due to the differing nature of their holding periods and services required. f Adhere to building access rules and ensure that the service access door is closed and locked after use in an after hours drop off. g. Ensure that the municipality's CSO /ACO uses his /her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. h. Be available to members of your community to resolve their concerns related to the actions of your ACO /CSO officers and your municipality's procedures, policies and requirements. i. Release AHS from all liability of claims resulting from or related to providing impound housing services. The City of Stillwater accepts responsibility for the CSO /ACO while in the course of impounding animals at AHS. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. c. Any billing disputes must be raised within 10 days of receipt of billing. This agreement is based on a one year commitment, which is renewed annually from the date your Mayor and City Clerk signs the agreement below. This agreement can be ended at anytime by either party with a 30 day notice. This agreement is entered into on the 18th day of December, 2012 by Janelle Dixon, President & CEO Ken Harycki, Mayor Animal Humane Society Diane F. Ward, City Clerk 2 RESOLUTION 2012 -204 APPROVING OF ANIMAL HUMANE SOCIETY (AHS) LETTER OF UNDERSTANDING FOR IMPOUND HOUSING SERVICES (2013) BE IT RESOLVED, by the City Council of Stillwater, MN that Letter of Understanding between the Animal Humane Society and the City of Stillwater for the Impound Housing Services for 2013 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 18th day of December, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: Fire Date: 12.14.12 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase two (2) mobile data computers in preparation for Washington County's implementation of new CAD Dispatching system. All County emergency response agencies will be dispatched via this new technology. Washington County is planning to switch to the new system in early 2013 and the F.D. needs to have equipment capable of running the new program. The MIS Department and Fire Department have been working together on this project and have budgeted funds in anticipation of this new program. In addition, Washington County has reimbursement funds through the Urban Area Security Initiative Grant that will help offset the cost of this purchase. Every F.D. in the County will receive a portion of this grant funding. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) • Total Cost per attached quote o Reimbursement Estimate from Grant $6,965.81 $4, 900.00 City Cost: $2,065.81 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser Date: 12.14.12 BILL TO: RICH BORNT 216 4TH ST N Accounts Payable STILLWATER , MN 55082 -4807 Customer Phone #651.430.8811 ACCOUNT MANAGER IA SCHAF QTY ITEM NO. 2 2 2 2 252171 • 2399705 2134804 2733680 CDWG.com 1 800.594.4239 SHIP TO: CITY OF STILLWATER Attention To: RICH BORNT 216 4TH ST N STILLWATER , MN 55082 -4807 Contact: RICH BORNT 651.430.8811 Customer P.O. # MOTION QUOTE QUOTE SHIPPING METHOD UPS Ground (2- 3 Day) DESCRIPTION OE400SPS SALES QUOTATION QUOTE NO. ACCOUNT NO. DATE TERMS DC RZ915 MasterCard/Visa Govt MOTION J3500 17 -680 3G 128GB 4GB W7 Mfg #: HP3B4A3C3C3B2A Contract: National Joint Powers Alliance 111309 -CDW MOTION J- SERIES LOCK MOB DOCK NO /PWR Mfg #: 508.056.00 Contract: National Joint Powers Alliance 111309 -CDW MOTION J- SERIES MOBILE KB COVER US Mfg #: 508.599.01 Contract: National Joint Powers Alliance 111309 -CDW MOTION 3YR COMPLETE COVERAGE WTY +ADP Mfg #: 907.902.03 Contract: National Joint Powers Alliance 111309 -CDW Electronic distribution - NO MEDIA SUBTOTAL FREIGHT TAX CDW Government 230 North Milwaukee Ave. Vernon Hills, IL 60061 Fax: 312.705.9163 This quote is subject to CDW s Terms and Conditions of Sales and Service Projects at http: / /www.cdw.com/ content / terms - conditions /product - sales.asp For more information, contact a CDW account manager. 10390290 11/29/2012 EXEMPTION CERTIFICATE UNIT PRICE EXTENDED PRICE 2,589.85 313.77 15.79 355.49 5,179.70 627.54 31.58 710.98 6,549.80 0.00 416.01 U5 Currency TOTAL 6,965.81 Please remit payment to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 606 75 -1 51 5 Memo To: Mayor and City Council From: Sharon Harrison Finance Director Date: 12/11/2012 Re: Abatement Request BACKGROUND Payments were received by the city for payable 2012 special assessment for PID # 33.030.20.31.0034. Payment was received in full by the city and therefore need to be abated off the property taxes for payable 2012. RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2012 for PID# 33.030.20.31.0034. ACTION REQUIRED If council agrees with staff's recommendation, Council needs to pass a resolution abating the special assessments. 1 RESOLUTION 2012 -205 A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN SPECIAL ASSESSMENTS WHEREAS, Parcel ID No. 33.030.20.31.0034 was assessed for a 2006 Street Improvement and certified to Washington County; and WHEREAS, payment was received in full by the City of Stillwater and therefore needs to be abated for taxes payable in 2012. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated. Adopted by the City Council this 18th day of December, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 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: December 11, 2012 RE: Renewal of Wolf Tour Cycle License BACKGROUND Pat Wolf has been operating the Wolf Tour Cycle in Downtown Stillwater for about half of a year now. The City issued a license for the business in August. Since the multiple person cycle was a new business for the Downtown area, the resolution of approval and license were valid only for 2012. Wolf has requested renewal of the license for 2013. COMMENTS 1. Police Chief Gannaway reports that no complaints were filed, nor were any public safety issues or parking issues brought to the City's attention during this first season. 2. Wolf plans to operate the business in 2013 much the same as in 2012. She would however like to add tours during the winter, if weather permits. She also may offer her business as an activity associated with other events, such as the WCHS ice cream social. When she does this, her Cycle will have to be included in the event permit application that is submitted by the event organizer. 3. The cost of the reserved parking space by the pedestrian walkway is to be determined by the City Council. The Parking Commission recommends that the fee be calculated the same way it is for the Stillwater Trolley Company, which is $3 per day for the single space. RECOMMENDATION Staff recommends adopting the attached resolution, which conditionally authorizes staff to issue the 2013 license. bt Attachments: Resolution for 2013 RESOLUTION GRANTING LICENSE TO PATRICIA WOLF FOR THE OPERATION OF MULTI - PERSON TOUR CYCLES ON CITY STREETS AND RESCINDING RESOLUTION 2012 -134 WHEREAS, Patricia Wolf has made a request to renew her license to operate multiple - person tour cycles on City roadways; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2012- 134 on August 21, 2012 for a license to operate the tour cycles business in 2012; and WHEREAS, the business will operate in substantially the same manner in 2013. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Patricia Wolf to operate multi - person tour cycles on City roadways subject to the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Patricia Wolf for the multiple - person tour cycle business. 2. Patricia Wolf may operate one multiple - person tour cycle in Stillwater. An increase in the number of cycles will require an amendment to this Resolution of Approval. 3. A license must be applied for annually from the City Clerk. The license is valid through December 31 of the year issued. 4. No license will be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000 per occurrence. 5. Operating restrictions and conditions: a. No multiple - purpose tour cycle may be operated upon a public sidewalk. b. No multiple - purpose tour cycle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple - purpose tour cycle. Consequently, each multiple - purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Taillights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multiple - purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multiple - purpose tour cycle operators must have in their possession a valid driver's license while in control of any multiple - purpose tour cycle, and shall operate the tour cycle in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. f. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multiple - purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. The City reserves the right to alter or limit multi - purpose tour cycle operations to specified routes and streets if required for public safety reasons. i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi - person tour bikes access to these areas. j. The City reserves the right to require that any idle multi - purpose tour cycle be parked in a specified location while idle or waiting for customers. k. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. 6. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 7. The fee for the reserved on- street parking space on Water Street is $3 per day. The cumulative fee for the entire season must be paid by April 30th each year. The fee is subject to review and possible increase by the City Council annually. Adopted by the Stillwater City Council this 18th day of December, 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memo Inter. B: a? H P i. A C is C' 1 To: Mayor and City Council From: Tim Moore, Public Works Superintendent Jk& Date: December 14, 2012 Re: Jetter /Vactor Rehababilitation DISCUSSION Currently the City of Stillwater has a Jetter /Vactor on a Freightliner chassis purchased in 1998. This piece of equipment has 16,000 miles on it and with low hours. Staff feels that with some rehabilitation and upgrades, Public Works can get a few more years of productive use. RECOMMENDATION Staff has received 2 quotes for $25,180.02 from McQueen Equipment, Inc. and $34,168.93 from Flexible Pipe Tool Company to perform this work. Staff recommends Council authorize approval to refurbish and update the Jetter /Vactor with McQueen Equipment, Inc. in the amount $25,180.02. ACTION REQUIRED If Council concurs with staff recommendation Council should pass a motion approving expenditures of $25,180.02 coming from Sewer Capital Outlay Machinery & Equipment. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE — WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: • If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: ® The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. * *This waiver form applies to policy period 01/01/12 to 01/01/13 and 01/01/13 to 01/01/14. ** ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting 12/18/12 Signature /Date Position City Administrator Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 LMCIT (11/00)(Rev.07/09) Page 1 of 1 SAND CRggl< GROUP. LTD. RESOURCES WITHOUT BARRIERS 610 NORTH MAIN STREET, SUITE 200 STILLWATER, MINNESOTA 55082 (PHONEI 651430 3383 / 800.632 7643 I F A X I 6 5 1 . 4 3 0. 9 7 5 3 www.SandCreekEAP.com Employee Assistance Agreement between The Sand Creek Group, Ltd. and The City of Stillwater Services Provided: The program contract includes the following services: 1. Full service coverage for The City of Stillwater employees and their household members. 2. Employee Assistance personnel policy development and consultation. 3. Supervisory training of management personnel in the use of the program. 4. Employee orientation seminars to familiarize your employees with the services available to there. 5. Promotional materials including brochures, posters and newsletter articles to keep your Employee Assistance Program visible to your employees, and their families. 6. Ongoing consultations with managers and supervisors to assist them in utilizing the EAP within your organization. 7. Confidential assessment, referral and brief counseling to be provided to all employees, and their family members. Up to four sessions of counseling based on the clinical recommendation of EAP counselor. Each session being comprised of one clinical hour. All of the employees of The City of Stillwater and their family members may contact The Sand Creek Group for assessment, brief counsel and, when necessary, referral free --of- charge to them. No limit is placed on the number of assessments and referrals made annually. All contact is strictly confidential. 8. 24 hour telephone crisis intervention. 9. Worksite visits from an EAP representative to continually evaluate the status of the program and your satisfaction. A NATIONAL NETWORK OF OVER 10,000 HIGHLY CREDENTIALED PROFESSIONALS ADDRESSING INDIVIDUALIZED EMPLOYEE NEEDS & IMPROVING PRODUCTIVITY IL Coordination of Services: The City of Stillwater agrees to work with the EAP representative in informing its employees of this agreement and the services which are available to them. III. Use of Name: The City of Stillwater agrees to allow The Sand Creek Group, Ltd. to list the City as a customer on promotional materials_ IV. Eligibility: EAP is a service intended to provide short term assessment and brief counseling services to a wide variety of personal and work - related stressors. The service is intended to evaluate relevant information regarding the history of the concerns brought to the EAP by he client; the current status of the concerns; and the impact they are having on the client. EAP 's goal is the construction of an action plan to help the clients deal with their concerns in a successful fashion. Some times the action plan can be successfully implemented exclusively within the EAP. In other cases, the action plan may entail referring the client to a variety of community resources that can provide longer term or specialized services that are beyond or outside the scope of the EAP. The EAP benefit is focused on the individual client whenever an employee or covered family member runs up against individual events, conditions or circumstances that don't envelop other members of the family system. In that case, the individual client is eligible to use up to a certain number of counseling sessions clearly defined in the EAP contract. When an event a. e. - marital/relationship struggles; divorce; death of a family member; etc.) impacts part or all of an entire family unit, the EAP benefit is available for all family members to use collectively in the initial stages of addressing the impact of that family event. The EAP sessions are intended to define a broader plan of action that includes all involved family members. In many situations that involve multiple family members, the variety of counseling and emotional support needs that exist oftentimes goes beyond the EAP benefit. When that is the case, our goal is to help all impacted family members utilize the EAP benefit in a collective fashion to help guide them towards additional support and counseling services, either individually or as a family. V. Employee Participation: A working policy of the EAP is that Employee participation in the EAP will affect neither future employment or advancement nor protect employee from disciplinary action for continued substandard performance. VI. Reporting: The Sand Creek Group, Ltd. will provide quarterly reports on program utilization. No information on individual employees will be released outside of The Sand Creek Group without the written consent of the employee. SAND CRCCIC GROUP, LTD S.D.G. VII. Retainer Cost: The annual retainer charged by The Sand Creek Group, Ltd. for the employee services is as follows: Nuinber of employees 71 Cost per employee $25.51 Annual EAP Contract Cost $1,811.21 Term of Contract January L. 2013 to December 31, 2013 Optional Services: Organization Development Services $250.00 per hour Trauma Team Services $250.0011st two hours $150.00 per hour over two hours Bag Lunch Seminars: $250.00 per hour of presentation /facilitation VIII. Fee for Ongoin,w Counseling: Payment for any ongoing counseling services beyond the initial diagnostic screening will be the responsibility of the employee/family member. IX. Modification or Termination of Contract: This contract may be modified in writing at any time by the mutual consent of the parties. Either The City of Stillwater or The Sand Creek Group, Ltd. may cancel this agreement at any time upon 90 day notice, in writing, to the other party. The Sand Creek Group, Ltd. The City of Stillwater 27./f if I'll M. Stein, Ph.D., CEAP Date Date President & Chief Executive Officer The Sand Creek Group, Ltd. GMS:jes SAND CROCK GROUP. LTD. S.D.G, RESOLUTION 2012 -207 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND SAND CREEK GROUP, LTD. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Sand Creek Group, Ltd. to provide an Employee Assistance Program for the term January 1, 2013 through December 31, 2013, as on file with the City Clerk. The Mayor and Clerk are hereby authorized to sign said agreement. Adopted by the City Council this 18th day of December, 2012. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk ORDINANCE 1054 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING 18.92 ACRES TO RB, TWO - FAMILY RESIDENTIAL The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The Zoning Map is amended as indicated on the attached map marked Exhibit A and the areas indicated thereon are changed from AP, Agricultural Preservation to RB, Two - Family Residential. This proceeding is known as Case 2012 -04. Section 2. This Ordinance shall be in full force and effect from and after publication according to law, and upon the subject property becoming part of the City of Stillwater by operational law. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 18th day of December, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Exhibit A E.. ‘RIIIHEtlPPPJ)P-3,;w 'IL N4v1.. pa ,,,._406,.... L,ur - :water ..., ...iv_ fri= _ idi 01 .', il :, D ..?4,`,.. ii.',C > Am r i,.. , , II, .„1„417110,' Litt. 44/1 g r, The B rtholace of Minnesota], g, sif Vitt 416* II �' N1� l`1�_ 111' ■ M1i.: ,� �■ Zoning DistricEs + + +, ■ : = 1 4P, Agricultural Preservation "ji„ �� ♦ +. ♦i/ • RA- Single Family Residential 4�` Ii 1. RB -Two Family i R, Traditional Residential jii:::40. I* 111.,.. Irm iiiik Ilk 1iiiuii 1.,...;;,;J LR, Lake share Residential Su6xect property '�'llll ■IIIIIII . Rezoned to ,, 1' wn,p■1 - CR, Cottage Residential �__ RE Two-Family Residential CTR,CoveTadtianalResdential �■� p1 j� - CCR, Cove Cotta ge Res dential immilk 1. ■ ■ ■� ■11r� 1J ®CTHR, Cave Town house Residential f I — NOM ■III 11■ ■111 ElE TH,Townhouse Now----Emiwi i ` = �uui 11� = RCM - M edium D ensity Residentia I _i s • ` �l; ; 1 I = gm _ RCH -High Oensty Residential ow EM- �1 I I. VC, Village CDmmer�cial ' - CA- General Co-mmercial 1 -_ ,1elig lid '_I�►11■ annum ` n EH - CBD - Central Business District '3 . =1 ■ ■� 11111 ®_ "4104pli Ipliggir Ilk! le .....9 ■NN INS .M11 - r■ TOM ; ton ®E I I BP -C, Business Park - Commercial Alprii-filivA, lillim 1111lI IN 11ir 1�11� ■11111 ■I�III Fi - BP -0o, Business Park- Office r is cm Mr. ,r. ■ E ma BP-I, Business Park - Industrial m �_ = rT =I: Z= rill HIM _ 111 ■11■ -= 1 1 == .M n1 HMI - IB- Heavy Industrial a ■■■ ■■1 ■ 1 IN "111 riliAtIMF . 0 E iri�+, �jp li � y 4 ,INS IN11 If!i- i � ■I`�� �s ■� _ _ CRa - Gam pus Research Development r f' ■ •� �7 1 nil PA- PuPIicAdministratian ph raaa 1'f. 1 ` I I PROS -Park, Recreatio-n or Open Space - : COTTAGE DRIVE AWN 1 = En2 ®PuhlicWorksFacility Fa sii I_- • - 11a 11 ■'�' rr ROAD ��� -� i WATT R Vdk 1■ r/ gill . istittatIM e r L. 1 i mpg Ali U■ I .. � � omit 6 ■ + � $1L 49 16i' NI■f"�1 !i$ AWN im air 111 : air 3111 � ■� NN �� _: __ ;AU II O ■ ■�INII 11� N a. PAM Ole rin Lit-MMAI dim 411 tworninnlip 11311&A.1 imni _ .I_ �. 111 mi ORDINANCE 1055 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING "ARMORY" AND "MUNICIPAL FIRE STATION" IN THE RB, TWO- FAMILY ZONING DISTRICT AS SPECIALLY PERMITTED USES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that uses associated with Armories and Municipal Fire Stations are substantially similar in many respects to institutional uses which are already allowed by Special Use Permit in the RB, Two - Family Residential Zoning District. Therefore, Armories and Municipal Fire Stations shall also be allowed with a Special Use Permit in the Zoning District if they meet the Special Use Permit review criteria found in City Code Chapter 31, Section 31- 207. 2. Amending. City Code Chapter 31, Section 31 -315, Allowable Uses in Residential Districts, is hereby amended by allowing "Armory" and "Municipal Fire Station" with a Special Use Permit in the RB, Two - Family Residential Zoning District. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 18th day of December, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk ORDINANCE 1056 AN ORDINANCE AMENDING CHAPTER 33 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: 1 AMENDING. Section 33 -1 is amended by readopting a provision that was stricken by mistake. The provision will read as follows: Section 33 -1, Subd. 3 — Time Limits (1) All residential structures shall have the exterior finished within one hundred twenty (120) days of the date their permit was issued. (2) Every permit of any kind issued by the Building Official shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within ninety (90) days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of ninety (90) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee shall be one -half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year. (3) Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding ninety (90) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 2. SAVING. Except for the change, 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 18th day of December, 2012. CITY OF STILLWATER Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. 2012— RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, AND MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 WITHIN DEVELOPMENT DISTRICT NO. 1, PURSUANT TO AND IN ACCORDANCE WITH MINNESOTA STATUTES SECTIONS 469.124 TO 469.134 AND 469.174 TO 469.179 BE IT RESOLVED by the City Council (the "Council ") of the City of Stillwater, Minnesota (the "City "), as follows: Section 1. Recitals. 1.01 The City Council (the "Council ") of the City of Stillwater (the "City ") has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed by the City that it adopt a modification to the Development Program for Development District No. 1, and the modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 4 within Development District No 1, pursuant to and in accordance with Minnesota Statutes Sections 469.124 TO 469.134 and 469.174 to 469.179. 1.02 The City has investigated the facts relating to this action and has caused the documents needed to take this action to be prepared. 1.03 The City has performed all actions required by law to be performed prior to the modification of the District and approval of the modified Plan, including, but not limited to, notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be included in the District, notification of the County Commissioner in whose district the City is located, a review of and written comment on the Plan by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04 Certain written reports (the "Reports ") relating to the Plan and to the activities contemplated therein have heretofore been prepared by staff and submitted to the Council and /or made a part of the City files and proceedings on the Plan. The Reports include data, information and /or substantiation constituting or relating to the bases for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this Resolution to the same extent as if set forth in full herein. 1.05 The City is amending the Development Program for Development District No. 1 by enlarging the boundaries of Development District No. 1. Section 2. Findings for the Adoption and Approval of the Plan. 2.01 The Council hereby finds that the Plans are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development, having a public purpose and will accomplish the objectives as set forth in the Plan, which are hereby incorporated herein. Section 3. Findings for the Modification of Tax Increment Financing District No. 4. 3.01 The Council hereby finds that the District is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1). 3.02 The Council further finds that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. Section 4. Public Purpose. 4.01. The adoption of the Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modified Plan: Tax Increment Financing District No. 4. 5.01 The Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established and adopted and shall be placed on file in the office of the City Administrator. 5.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The City Administrator is further authorized and directed to file a copy of the Plan with the Commissioner of Revenue. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: Councilmembers and the following voted against the same: Dated: December 18, 2012. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Stillwater Public Library 224 Third St. N. Stillwater MN 55082 stillwaterlibrary.org At the December 11, 2012, meeting of the library's Board of Trustees, a resolution was passed recommending the following appointments to the Board: Reappointment for an Additional Term Jane Dickinson Ned Gordon Appointment to Complete the Remaining Term of Julia Sandstrom Vicki DeFord Appointment to Fill the Vacant Board Seat Mary Richie The Board appreciates the interest in the library shown by all of the applicants. The Board of Trustees thanks the City Council's for its willingness to allow the Trustees to make recommendations regarding the filling of vacancies on the Board. Interviews allow the Trustees to gather information about the strengths of the various candidates vis a vis the needs of the Board at this point in the life of the organization. APPOINTMENT & REAPPOINTMENTS TO LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby appointed /reappointed the following to the Library Board at their December 11, 2012 regular City Council meeting: Reappointment Jane Dickenson Edward Gordon New Appointment Mary Richie Vicki De Ford Term Expires — January 1, 2016 Term Expires — January 1, 2016 Term Expires — January 1, 2016 Term Expires - January 1, 2014 (unexpired term of Julia Sandstrom) Adopted by Council this 18th day of December 2012. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memorandum Sfl 1 Iwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: December 12, 2012 Re: Planning Commission Appointment Ryan Collins applied and was interviewed for an open position on the CPC. The vacancy was advertised in the Stillwater Gazette. Ryan Collins applied and was interviewed. RECOMMENDATION: The Chair and Council Representative recommends that Ryan Collins be appointed. No other applications have been received; staff will continue to advertise for the open position on the Commission. ACTION REQUIRED: If Council agrees with the above information, Council should pass a motion adopting a resolution appointing Ryan Collins to the Planning Commission to fill the unexpired term of Mike Rodriguez, ending May I, 2015. /nrn APPOINTING RYAN COLLINS TO THE PLANNING COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their December 18, 2012 regular City Council meeting, hereby appointed Ryan Collins to the Planning Commission as follows: Name Ward Term Term Ending Ryan Collins 1 Fill Unexpired Term May 1, 2015 of Mike Rodriguez Adopted by Stillwater City Council this 18th day of December, 2012. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk Was rF7n BOARD AGENDA DECEMBER 18, 2012 — 9:00 A.M. Board of Commissioners Dennis C. Hegherg, Chair, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Welk, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue is fisted on this agenda. Persons who wish to address the Board mustfill out a comment card before the meeting begins and gave it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative. or if it is not relevant to an issue that is part of Washington County's responsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Hearing — Office of Administration Consider Revisions to Policy No. 1032 — Washington County Fee Schedule — Kevin Corbid 5. 9:25 Library — Patricia Conley, Director Resolution — Accept Donation from the RAFT Charitable Foundation 6. 9:30 General Administration — Molly O'Rourke, County Administrator A. Resolution — Salaries for the County Attorney and His Assistants for 2013 B. Resolution — Salaries for the County Sheriff and Chief Deputy for 2013 C. Resolution — Salary for the County Administrator for 2013 D. Resolution --- County Commissioners' Salaries, Expenses, and Benefits for 2013 E. Resolution — Appreciation of Commissioner Bill Pulkrabek F. Resolution -- Appreciation of Commissioner Dennis Hegberg 7. 10:00 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10 :25 Executive Closed Session with the Department of Public Works Discuss Appeal Option from the Award of Commissioners to the Compensation and Damages for the Nightingale Partners (White Castle) and Forest Lake Enterprises (Culvers) Parcels as they Pertain to the Reconstruction of County State Aid Highway 2 10. 10 :40 Adjourn 10:45 - Reception for Commissioner Bill Pulkrabek and Commissioner Dennis C. Hegberg 11. 11:00 to 11:30 — Board Workshop with the Office of Administration Review the 2013 Residential Survey Assislive listening devices are available for aae in Ma Covely Beard Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 18, 2012 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration Community Corrections Community Services Human Resources A. Approval of the December 6, 2012 Board Meeting minutes, and December 6, 2012 Public Budget Meeting minutes. B. Approval of resolution of appreciation for Deputy Jay Alberio on his retirement from the Woodbury Police Department in recognition of his 27 years of public service. C. Approval to renew Purchase of Service Agreements with Lakes Area Youth Service Bureau and Youth Service Bureau, Inc. for the period of January 1, 2013 through December 31, 2013. D. Approval of the Program and Budget update to the Community Corrections Comprehensive Plan for 2012 -2013. E. Approval of contract with Scandia Eldercare to provide Customized Living Services (a.k.a. Assisted Living Services). F. Approval of 2013 to 2015 contract between East Suburban Resources and the Community Services Department's Workforce Center to provide employment training services to dislocated workers and at -risk youth. G. Approval of a four year contract with Next Chapter Technology to provide software updates for the CaseWorks program used to support the Child Support Unit. H. Approval of annual preventive and voluntary Delta Dental insurance contracts for 2013. I. Approval of annual Blue Cross Blue Shield medical insurance contracts for 2013. J. Approval of annual Medicare supplemental medical insurance with Group Health Plan, Inc. for 2013. K. Approval of- annual group short term and long term disability insurance with National Insurance Services for 2013. L. Approval to renew service agreement with Madden, Galanter, Hansen, LLP for labor relations consultant services through December 31, 2013. Information Technology M. Approval to purchase Citrix equipment and software licensing from Syntax, Inc. to support remote access and virtual desktop infrastructure. Assisfive listening devices are evaifaWfe tor use in the County Board Roam f1jrr.ii nm,l eed.fa..ro Arm fn el;eah:l y. n. la..iarp I....:ee ..lnree .ill x3411 Alfa Arnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER DEPARTMENT /AGENCY ITEM Library Public Works N. Approval to accept a donation to the Washington County Library from the J.F. Rooney Family Charitable Foundation of Afton, Minnesota in the amount of $ 1,000. O. Approval of resolution to enter into an agreement with the State of Minnesota, Department of Transportation for the cost share of signals and maintenance of infrastructure related to the proposed St. Croix River Crossing. P. Approval of resolution to apply for the Local Road Improvement Program (LRIP) funding through the Minnesota Department of Transportation and to act as sponsor for the City of Oak Park Heights by acting as a conduit for the LRIP funding. Q Approval of a cooperative agreement with the City of Forest Lake for the cost share and maintenance of the roundabout at US Highway 61 and County State Aid Highway 2. R. Approval of a letter to the South Washington Watershed District administrator commenting on the Environmental Assessment Worksheet for the Central Draw Storage Facility Overflow Project and to authorize the Board Chair to sign said letter. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assisiivo fislaning devices are available for use rn The County Board Room e,. .o:,.,lrc.aan.,,z .,w.. h„ . Acr-rsnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington County BOARD AGENDA DECEMBER 11, 2012 — 9:00 A.M. and of Commissioners ennis C. Hegberg, Chair. District 1 Bill Pulkrabek, District 2 Gary Kriesel. District 3 Autumn Lehrke, District 4 Lisa Welk, District 5 1 9:00 Washington County Regional Railroad Authority A, Roll Call B. Pledge of Allegiance C. Regional Railroad Authority Minutes from October 16 and 23, 2012 D. Selection of Stantec Consulting Services, Inc. for Completion of the Red Rock Corridor Alternatives Analysis Update — Lyssa Leitner, Planner E. Adjourn 9: I 5 Washington County Board of Commissioners Convenes Roll Call 3. 9:15 Comments from the Public Visitors may share their comments ar concerns on any issue that is a responsibility orfunction of Washington County Government. whether or not the issue is listed on this agenda. Persons who wish lo address the Board must fill out a comment card before the meeting begins and give it to die County Board secretary or the County Administrator. The County Board Chair will ask you to came to the podium. state your name and address, and present your comments. Your comments rnusl be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an Gidividitarspresentation ifit becomes redundant, repetitive, overly argumentative, or iifit is not relevant to an issue that is part of Washington County's responsibilities 4. 9:20 Consent Calendar — Roll Call Vote 5. 9:20 Public Hearing — Office of Administration Resolution — 2013 -2017 Capital Improvement Plan 6. 9:35 General Administration — Molly O'Rourke, County Administrator Resolutions — Certifying Levies for Washington County, Regional Rail Authority, Housing and Redevelopment Authority, Adopting the 2013 Regional Rail Authority Budget, and Adopting the 2013 Washington County Budget 7. 9:50 Commissioner Reports — Comments — Questions This period of !One shall be used by the Commissioners to report to the full Board on committee activities. make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive hoard action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 10:15 Adjourn 10. 10:20 to 11:05 — Board Workshop with the Office of Administration Review Proposed Revisions to Policy No. 1032, Washington County Fee Schedule, County Department Fees 1 1:15 Finance Committee Meeting Assiseve usrening devices are ayslabte roruse in the County Board Room or nnnee er•kennew Aim en reoeb,L" he ^ ^Ham, rem. n .Mwr nM,. ext rN11R5i1 din F/hin EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * DECEMBER 11, 2012 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Accounting and Finance Community Corrections Community Services Public Health and Environment Public Works A. Approval of the November 27, 2012 Board Meeting minutes. B. Approval to reappoint John Waller, Hugo, to the Rice Creek Watershed District Board of Managers to a three -year term expiring January 18, 2016. C. Approval of resolution to establish debt service fund 370 for fiscal management pertaining to the 2012A General Obligation Capital Improvement Plan Refunding Bonds. D. Approval to renew contracts with Rosewood - Knape, Renewal Counseling Services, Inc., Penticoff Community Counseling, Inc., and MST, Inc., for Multi - Systemic Therapy, a researched - based, intensive, in -home family therapy program and alternative to juvenile residential placement. E. Approval to enter into a purchase of service agreement with Tubman for the period of January 1, 2013 through December 31, 2013 to provide services to victims and families of domestic violence. F. Approval to enter into a purchase of service agreement with RS Eden for the period of January 1, 2013 through December 31, 2013 for drug testing, Electronic Home Monitoring, GPS, and all transdermal alcohol testing devices including the Transdermal Alcohol Device. G. Approval of the 2013 cooperative agreement with Community Services, the Sheriff, and the County Attorney to administer the Child Support Enforcement Program. H. Approval of price changes and contract extension to December 31, 2013 with Dynamic Recycling to recycle electronic waste received at the Washington County Environmental Center. 1. Approval of resolution to enter into a contract with Olsen, Thielen & Company for financial auditing services related to the County Environmental Charge, for the period of January I, 2013to December 31, 2013. J. Approval of the State of Minnesota Joint Powers Agreement for the Operation of a Household Hazardous Waste Program. K. Approval of work order 1 with Peterson Companies, Inc. for additional work on the County State Aid Highway (CSAH} 2 landscaping project. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assiseve rstening devices are avaNeWe for use in the County Saere Poor, .nUTI mK nr tenni,ar.e n..w. ,.Iw,.e,caul jUI4 1nl+min EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Washington -x LA Board of Commissioners Dennis C. Hegberg, Chair, District 1 Bill Pulkrabek, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, District 5 ** *PLEASE NOTE CHANGE IN DATE AND TIME * ** BOARD AGENDA DECEMBER 6, 2012 — 3:30 P.M. 2:30 to 3:30 — Finance Committee Meeting 1. 3:30 RolI Cali Pledge of Allegiance 2. 3:30 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility arfunclion of Washington County Government. whether or not the issue is listed on this agenda Pei:sons who wish to address the Board must fell out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address. and present your comments. Your comments must be addressed exclusively w the Board Chair and the f :ill Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation flit becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue Thal is part of Washington County's Responsibilities 3. 3:35 Consent Calendar — Roll Call Vote 4. 3:35 Community Services -- Cindy Rupp, Division Manager Local Mental Health Advisory Council 2012 Annual Report — Linda Stanton, Chair 5. 3:45 Property Records and Taxpayer Services — Steve Gransee, Division Manager Approve or Deny the Repurchase of Tax Forfeited Land Located in the City of Woodbury 6. 4:00 General Administration — Molly O'Rourke, County Administrator 7. 4:05 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to resldt in subsrorrrive board action during this time. Any action necessary because of discussion will be scheduled for afuture board meeting. 8. Board Correspondence 9. 4:30 Adjourn 10, 4:30 to 5:15 - Board Workshop with the Office of Administration Discuss Potential Projects to Pursue through the Land and Water Legacy Program 6:00 Public Budget Meeting on Proposed 2013 County Budget Aerielive listening devices are evaaaWe for use in the Couuly Board Room If .,.. nee,/ �..:..,....ro .+�.a ti. .l:e.h:l��...� 1.,,�� l,.,..a. ed., ro,air 117411 e9RFtl. EQUAL EMPLOYMENT OPPORTUNITY J AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR DECEMBER 6, 2012 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the November 20, 2012 Board Meeting minutes. B. Approval of contract with National Research Center, Inc. for administering the 2013 Residential Survey. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assisliva dslening dames are available foi use in the Cocos!). Board Roam PI...�..ee . d . ...�,a..�r„,n�,.r.rr�r..,m.,. ae +,�..;e. ..r��..�u i�Rri e4rtfnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER