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HomeMy WebLinkAbout2013-02-19 CC PacketSPECIAL MEETING CALL TO ORDER ROLL CALL 111111 •F IM1111011. AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 19, 2013 Np OTHER BUSINESS 1. VistaTech TIF assistance proposal (Resolution — Roll Call) 2. Presentation of Special Event Survey - Readex Tp 4:30 P.M. A GENO REGULAR MEETING 7:00 P.I. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 3. Possible approval of February 5, 2013 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 4. Presentation of Miss Teen Washington County — Heather Huna 5. St. Croix River Crossing Update — John Chiglo 6. Proclamation: John W. Jackson, aka Bud Fowler Day OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 7. Police Chief 11. Public Wks DirlCity Engr. Corps Update 8. Fire Chief 12. Finance Dir. 9. city Clerk 10. Community Dev. Director 13. City Attorney 14. City Administrator CONSENT AGENDA (ROLL CALL) 15. Resolution 2013 -023, directing payment of bills 16. Resolution 2013 -024, approval of Cooperative Agreement between City of Stillwater and BCWD for Settlers Glen lion-Sand Filtration Project 17. Possible approval to purchase new truck — Engineering Department 18. Resolution 2013 -025, approval of architectural services for Lowell Park Bathroom Project 19. Resolution 2013-026, approval of 2012 -2014 Labor Contract between the City of Stillwater and American Federation of State, County and Municipal Employees Minnesota Council No. 5, Local 517, AFL -CIO PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No. 2013 -06. This is the date and time for a public hearing to consider a request from the City of Stillwater to consider a minor a revision to Chapter 34 related to building demolitions. Notice was published in the Stillwater Gazette on February 8, 2013. (1St reading Ordinance — Roll CaI]) UNFINISHED BUSINESS None. NEW BUSINESS 21. Discussion concerning options for using event survey results 22. Possible approval of Iron Man Special Event 23. Possible approval of feasibility study and calling hearing on 2013 Street Improvement Project (Project 2013 -02) (Resolution — Roll Call) 24. Possible approval of feasibility study and calling hearing on County Road Improvement Project (Project 2013 -04) (Resolution --- Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 25. 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. 8 ! ? ' H o . A C E OF M 1 N N E S O 1 A Community Events Survey Readex Research Experienced Trusted Insightful 2251 Tower Drive West Stillwater, MN 55082 tel 651.439.1554 fax 651.439.1564 www.readexresearch.com Background &Outline ABOUT ME ♦ In research business since 1989; at Readex since 1995 ABOUT READEX ♦ In research business since 1947; in Stillwater since 1995 ♦ Emphasis on self- administered surveys (mail and online) ABOUT THIS PRESENTATION — let's call it a "discussion" ♦ Objectives ♦ Survey method ♦ Opinions of LJD and a replacement event ♦ General event preferences /past event participation ♦ Key Takeaways SI 1 lwa ter I i. 7 N L I' F 2013 Community Events Survey 1 Readex Research IObjectives Evaluate community preferences for a summer festival Identify the maximum acceptable impact of events on neighborhoods, businesses, and city resources Identify the kinds of events desired by the community Determine which neighborhoods and commercial districts are appropriate venues for events that use public resources, streets, sidewalks, and parks Help the Council determine the maximum number of allowable events in a year, and decide whether multiple, substantially similar events should be allowed, and if so, at what frequency Help the Council form a comprehensive event policy lwater 2013 Community Events Survey 2 Readex "I IIRTNPLACE V MIN N E S 0 ' A � Research Survey Method Mail survey of Stillwater residents and businesses Mailing series: (1) alert letter (2) a survey packet with a letter from the mayor of Stillwater and a postage -paid reply envelope (3) a similar followup survey packet to non - respondents Fielded December 11, 2012 – January 24, 2013 2,000 were surveyed; 1,105 total responses —a 55% response rate The sample was stratified for anticipated segment -level analysis jl I 1w ater 2013 Community Events Survey 3 Readex [ Research ,IIITN�LI(E OE MILANESoTA % # # # # of r response population o of total s surveyed r responses r rate businesses 4 493 7 7% 4 493 2 219 4 44% residents: West Stillwater 1 1,142 1 17% 3 395 2 221 5 56% residents: Middle Stillwater 2 2,557 3 38% 3 396 2 252 6 64% residents: Original Town 2 2,257 3 33% 3 396 2 238 6 60% residents: Downtown 3 320 5 5% 3 320 1 175 5 55% TOTAL 6 6,769 1 100% 2 2,000 1 1,105 5 55% 1w ater 2013 Community Events Survey 3 Readex [ Research ,IIITN�LI(E OE MILANESoTA The results were weighted to represent true population proportions in the total ❑ businesses ❑ residents: West ❑ residents: Middle ® residents: Original ❑ residents: Downtown (Sjjl eater T H E /INTNOf M INNE $O T A 1,105 TOTAL actual response 1,105 TOTAL 80 186 417 368 52 weighted count 7% 17% 38% 33% 5% 2013 Community Events Survey a Readex Research Zone Map (for reference) 1I lWater II ■TN rI. GE 01 MIN N ES 0 IA ,!Iwa 2013 Readex Survey Zones 800 0 ` 800 1.600 F-I Zone 1 West Stillwater 2 Middle Stillwater 3 Original Town 4 West Business Park 5 Downtown 2013 Community Events Survey 5 Readex Research Two in three community members support the creation a replacement event for LJD in the future Residents and businesses tend to agree on this. 16% OPPOSE 66% SUPPORT 41% -2 -1 0 strongly oppose +1 +2 strongly support How much do you support or oppose the creation of a replacement event for Lumberjack Days in future years? r� 1 IV / er 2013 Community Events Survey 6 1 base: all 1,105 respondents R e a d e x Research Half of the community wants a replacement event that's smaller than LJD; the other half wants something the same as LJD or larger smaller than LJD *721 no a nIc 3% larger 6% the same 41% Residents are slightly more likely than businesses to want something smaller (50% of residents vs 41 % of businesses). If a replacement event for Lumberjack Days were held, on what scale would you prefer it to be? - same size as LJD, drawing local residents and thousands of people from outside of the city - larger than LJD, drawing even more people from outside the city through big attractions and events - smaller than LJD, focused on local residents and smaller events and attractions l1 (Water 2013 Community Events Survey -- base: all 1,105 respondents R e a CI e X Research Residents who have been in town 20+ years, do not have kids, and did not attend LJD in the past 4 years are more likely than their counterparts to want a smaller event LENGTH OF RESIDENCY < 6years 6 -19 years 20+ years CHILDREN IN HH yes 60% no 56% ATTENDED LJD yes no 44% 70% Results are similar by length of time in business in Stillwater (31%, 40 %, 57%) %who prefer a replacement event smaller than LJD If a replacement event for Lumberjack Days were held, on what scale would you prefer it to be? 1 Water 2013 Community Events Survey s 1 t base: residents in each segment R e a d e x ...... . Research A majority agree with these positive statements: LJ D was an important part of the Stillwater experience, was good for local businesses, and they would miss it if it went away It was an important part of the Stillwater experience It's good for local biz, so I'd support it regardless of personal feelings I'd miss it if it went away permanently It was more for people outside of the city % who agree 58% 72% 0 54% Unclear if this is a negative or a positive aspect How much do you agree or disagree with each of the following statements about Lumberjack Days? "Agree" = +1 or +2 on 5 -point scale: -2 = strongly disagree, +2 = strongly agree l1 jwater 2013 Community Events Survey 9 \\ ' base: all 1,105 respondents R @S2ad e h HE !1'THIEACE OF M HHEl0 4 Fewer than half agree with the negative statements about LJD: it was too big, cost the city too much, and wasn't worth the hassle for residents It was too big It cost the city too much It was too much of a hassle for residents, not worth it %who agree 48% How much do you agree or disagree with each of the following statements about Lumberjack Days? "Agree" _ +1 or +2 on 5 -point scale: -2 = strongly disagree, +2 = strongly agree ll Ewa ter 2013 Community Events Survey 1 o base: all 1,105 respondents R e a d e x Research i i ivae who've been residents 20+ years are more likely than newcomers to agree with the negative statements It was an important part of the Stillwater experience It's good for local biz, so I'd support it regardless I'd miss it if it went away permanently It was more for people outside of the city It was too big It cost the city too much It was too much of a hassle for residents, not worth it 74% 72% ❑ <6 years 75% ® 20+ years] 59% 1600 57% 44% But they are 32% 59% equally likely to 56% agree it was 30% important and they'd miss it. 20% 28% % who agree How much do you agree or disagree with each of the following statements about Lumberjack Days? "Agree" = +1 or +2 on 5 -point scale: -2 = strongly disagree, +2 = strongly agree ff 11`J�Ja ter 2013 Community Events Survey 11 base: residents in each segment R e a d e x 6 B i 5- M, l, C E O E M 1 4 N E S V' A ' Research The top events the community supports for a replace, LJD event include kids' events, fireworks, food vendor- smaller /local acts, lumberjack exhibitions, and a parade % who % who support support kids' events 86% water show 66% fireworks 85% talent show 59% food vendors /marketplace 84% carnival /rides 58% concert by smaller or local acts 83% bingo in the park 57% lumberjack exhibitions /activities /competition 76% boat race 52% parade 75% chess tournament 44% running /bicycling race (1 OK, 5K) 66% concert by big name acts 43% Nearly twice as many support inclusion of a concert by smaller /local acts as big name acts (83% vs 43%) If a replacement event for Lumberjack Days were created, how much would you support or oppose the following types of events or activities being included? "Support" = +1 or +2 on 5 -point scale: -2 = strongly oppose, +2 = strongly support .11. JwateC 2013 Community Events Survey 12 -� base: all 1,105 respondents Research BI M`N F L A CF 0 F M 1 4 N E S 0 ! A IJuly is the month preferred by the most community members for a replacement UD event 76% 31% 52% 16% 7% 5% 1% 1% 0% 2% 1% 1% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec If a replacement event for Lumberjack Days were held, in what month(s) would you prefer it to be held, assuming holiday weekends would be avoided? IiiNvater 2013 Community Events Survey 13 base: all 1,105 respondents (multiple answers) R e a d e X N. !I,`NPt.Cf 0� MINNESOTA Research Two in three community members would like to see a mix of event sizes in Stillwater, including one large "draw" and several smaller events that focus on local residents one large & several small eventc. 67% other 6% no large, several small 28% In the past, Stillwater has held large events that are a draw for local residents and for people from around the Twin Cities as well as smaller events that focus on local residents. Which one of these options best represents the mix of events you would prefer for the city? jIWater 2013 Community Events Survey 14 base: all 1,105 respondents R e a d e X HE 91XTHPE &CE 01 M14NESd,, ' Research Four in five think Stillwater typically has about the right amount of events 78% too few about right 11% 7- too many Do you believe that Stillwater typically has too many events, about the right amount, or too few? fii Wn t 2013 Community Events Survey 1 s base: 989 respondents offering an opinion Re ad ex d 9 1 R I H I I A I t 0 f MIIII.'0 , Research The community feels many types of events should be hosted annually or more frequently; their preference is not as clear for races, car shows, and big name concerts outdoor movie and music outdoor concert: smaller / local acts art fair fireworks ice cream social water show parade regional event (like LJD) lumberjack exhibitions, etc running / bicycle race car show outdoor concert: big name acts ❑ >once /yr ■ once /yr ❑ never 86% 111% 76% 21% 60% 39% 39% 60% 35% 61% 23% 70% 18% 79% °/ 82% 12% 3% 3% 1% 1 %-"� multiple times a year 5% 7% 4% annually ° 86% 9 J 45% 49% 6% 50% 45% 5% 23% 1 1 35% mixed opinions in your opinion, how often should Stillwater host each of these types of events? jl 1Water 2013 Community Events Survey 16 „ base: those answering for each event R e a d e x Research A majority of the community supports free park usage for non - profit events, allocating city staff time for events, and free parking in city lots during events free use of city parks for events: for non - profits 74% city staff time (admin, fire, police, PW, etc.) 63% free parking in city lots during event times 60% use of city equipment/machinery monetary funding: for regional events (like LJD) monetary funding: for other events free use of city parks for events: for other orgs 51% D How much would you support or oppose the city contributing each of the following to help make future events in Stillwater possible? "Support" = +1 or +2 on 5 -point scale: -2 = strongly oppose, +2 = strongly support IJwa ter 2013 Community Events Survey 17 zwwo� base: all 1,105 respondents R e a d e x I A`N PIACE Of M14N ES 0'A ' Research A majority support each type of event being held downtown; opinions are more mixed for some events clearly downtown more flexible If the following events had to be in Stillwater, in which of these locations would you support them being held? Ewa l'r 2013 Community Events Survey 18 t ' base: all 1,105 respondents (multiple answers for each event) Research 8 !"..8!:t 0f MI NNE S0IA downtown local park (not downtown fireworks 88% 12% art fair 82% 27% lumberjack exhibitions /activities /competition 82% 16% water show 82% 10% regional event (like Lumberjack Days) 81% 16% car show 69% 27% outdoor concert: big name act 68% 22% outdoor concert: smaller /local act 66% 46% outdoor movie and music 63% 46% running /bicycle race 57% 39% ice cream social 54% 50% parade 54% 30% clearly downtown more flexible If the following events had to be in Stillwater, in which of these locations would you support them being held? Ewa l'r 2013 Community Events Survey 18 t ' base: all 1,105 respondents (multiple answers for each event) Research 8 !"..8!:t 0f MI NNE S0IA Between 21% and 49% of residents in each zone support events being held in their home's neighborhood; Zone 3 is the most accepting of holding events in their area YOUR HOME'S NEIGHBORHOOD Original Down - West Middle Town town (Zone 1) (Zone 2) (Zone 3) (Zone 5) parade 12% 22% 37% 18% running /bicycle race 12% 20% 26% 10% ice cream social 17% 7% 14% 7% outdoor movie and music 16% 4% 7% 2% outdoor concert: smaller /local act 9% 3% 7% 2% art fair 7% 2% 5% 4% car show 4% 2% 4% 3% regional event (like Lumberjack Days) 1% 3% 5% 3% lumberjack exhibitions /activities /competition 2% 1% 3% 3% fireworks 3% 1% 2% 3% water show 2% 2% 1% 2% outdoor concert: big name act 3% 1% 1% 2% AT LEAST ONE TYPE OF EVENT 32% 32% 49% 21% If the following events had to be in Stillwater, in which of these locations would you support them being held? II l la ter 2013 Community Events Survey 1 base: residents in each neighborhood (multiple answers) R e a d e X H E I I M T H./, C F .. M I u N E. 0 A' Research Between 24% and 45% of businesses in each zone support holding events in their area; Downtown businesses are less supportive than other businesses as a whole YOUR BUSINESS'S NEIGHBORHOOD Original W. Biz Down - West Middle Town Park town (Zone 1) (Zone 2) (Zone 3) (Zone 4) (Zone 5) parade 9% 30% 31% 21% 19% running /bicycle race 6% 39% 25% 19% 14% ice cream social 12% 14% 15% 7% 8% outdoor movie and music 6% 7% 5% 4% 3% outdoor concert: smaller /local act 18% 7% 15% 5% 2% art fair 6% 8% 8% 4% 5% car show 0% 7% 3% 12% 3% regional event (like Lumberjack Days) 0% 7% 8% 5% 5% lumberjack exhibitions /activities /competition 0% 7% 5% 2% 4% fireworks 0% 3% 3% 4% 3% water show 0% 3% 3% 0% 2% outdoor concert: big name act 6% 3% 3% 4% 2% AT LEAST ONE TYPE OF EVENT 28% 45% 42% 42% 24% If the following events had to be in Stillwater, in which of these locations would you support them being held? 1/a `�'r 2013 Community Events Survey 20 base: businesses in each neighborhood (multiple answers) R e a d e x B I 'N Y;1 k 0 V M I I NE SC 1, ' Research Overall inconvenience of past events is rated low, on average — below the scale's midpoint of 3.0 — even for downtown residents and businesses OVERALL INCONVENIENCE OF PAST EVENTS TOTAL residents: downtown residents: other businesses: downtown businesses: other ❑ 02 3 ❑4 ❑5 ❑5 mean 27% 34% 22% 9- % °/ 29% 32% 1 20% 9% 19% 27% --T 35% 22% 9% ° I 28% 21% 20% 13% 14% 36% 30% 19% 2.3 2.6 2.2 Overall, how do you rate the inconvenience for you personally regarding the events held in Stillwater in the past two years? Please consider any problems you may have experienced regarding parking, noise, crowds, traffic, getting to where you want to go, etc. 5 -point scale: 1= none at all and 5 = a great inconvenience jI J 2013 Community Events Survey 21 base: respondents in each segment (mean ratings) R e a d e X M -NE10- Research The community feels that traffic and parking were the r biggest inconveniences related to events held in Stillwater in the past 2 years traffic lack of parking litter closing of streets public drunkenness noise vandalism /crime 3.0 2.7 2.1 12.0 11.9 )1.8 1.7 1.0 2.0 3.0 Residents and businesses downtown rate the inconvenience of nearly every aspect slightly higher than those outside downtown. Still, the average for each aspect is no higher than 3.5. 11 1 111111111111411 In the past two years, how much would you say each of the following aspects of events held in Stillwater have inconvenienced you and your family personally? 5 -point scale: 1= none at all and 5 = a great inconvenience 4k-vater A 2013 Community Events Survey 2 2 base: all 1,105 respondents (mean ratings) R e a d e x a 4 "'L E Research Some constructive feedback was offered by those who rated past events highly inconvenient 1 -2 hrs to get out of downtown after 4th fireworks. Police should be directing traffic and controlling jay- walking crowds. Closed streets. Poor parking (shuttles need to be offered). There must be a better way to route traffic. Too much focus on alcohol during LJD. Traffic is horrible if you are trying to get from one end of town to the other: Maybe the new bridge will help? Perhaps more police /police reserve directing traffic thru town. Traffic lights need help. Why should people from Stillwater have to pay to park in their own town? If I had a parking pass for the pay lots I would go down there more often. If you rated the inconvenience factor highly in the previous question (4 or 5), why do you say that? } Please explain your response. i11wa `er 2013 Community Events Survey 23 Select sample of verbatim responses R e a d e x - , 11 -t-lt . 4�F,0 , � Research Most agree past events have had a positive impact on the s city and its business community; no impact on their neighborhood the city as a whole local business community your neighborhood 0 -2 ® -1 1:10 0 +1 0 +2 -__ positive 10%9% 5% 40% 39% ° 7% 9% 42% 33% 5%7% 53% 17% 15% ... .... ...... If they felt it impacted their neighborhood, it was more likely to be positive than negative. How would you rate the impact past events in Stillwater have had on ..... ? 79% 75% 5 -point scale: -2 = very negative impact, +2 = very positive impact Ewa `er 2013 Community Events Survey 24 1 base: all 1,105 respondents Rea Cl ex Mi:•CI D I MIINE10t1 Research Downtown residents view the impact of past events on their neighborhood more positively than other residents and the business community IMPACT OF EVENTS ON NEIGHBORHOOD IN WHICH YOU LIVE OR OWN A BUSINESS residents: downtown residents: other businesses: downtown businesses: other ❑ -2 -1 ❑ 0 ❑ +1 ❑ +2 positive 8%110% 23% 28% 25% -F ° 7% 56% 16% 13% 17% 12% 27% 21% 16% °/ 10% 50% 1 14% 19% Downtown businesses are divided in their opinions of the impact of events on their neighborhood. How would you rate the impact past events in Stillwater have had on ..... ? 5 -point scale: -2 = very negative impact, +2 = very positive impact j2013 Community Events Survey 25 base: respondents in each segment R e a d e x OF M , " , Research Of all the events attended by the the past 4 years July 4th fireworks Lumberjack Days Summer Tuesdays in Lowell Park Fall Art Fair & Jazz Festival Spring Art Fair Harvest Fest & Pumpkin Weigh -Off Cruisin' on the Croix (car show) Nature Valley Bike Race Stillwater Marathon Night to Unite other AT LEAST ONE listed, the July 4t" fireworks and LJD were highest proportion of the community in 80% 76% 55% 54% 49% 32% 31% 94% indicated their 122% household attended at least one Stillwater event in the 018% past 4 years. ❑ 8% 78% 94% %who attended Which events held in Stillwater have you or other members of your household attended in the past 4 years, either as a spectator or a participant? 1 l /ar�'r 2013 Community Events Survey 26 1 l base: all 1,105 respondents (multiple answers) Rea Ci ex NE IIM'NPEACE 0 E M I N N E J 0 ! 4 Research 90% of Stillwater households who attended a Stillwater event in the past 4 years made a purchase (food, drink, or other goods) in town before, during, or after the event yes - purchased 90% 10% If you or other members of your household attended any events in Stillwater in the past 4 years, were any purchases made at any Stillwater business before, during, or after the event, including food, drinks, or other goods? water 2013 Community Events Survey 27 base: 943 residents whose households attended events in the past 4 years H E I I R, N, t, C 1 0 E M I N N E S 0 i A ' R e s e a r c h Residents who have been in town 20+ years, do not have kids, and did not attend LJD in the past 4 years are less likely than others to have purchased at an event they attended % who purchased at a Stillwater event attended in past 4 years LENGTH OF RESIDENCY < 6years 6 -19 years 20+ years CHILDREN IN HH yes no ATTENDED LJD 96% 94% 85% 94% 87% yes 93% no 75% If you or other members of your household attended any events in Stillwater in the past 4 years, were any purchases made at any Stillwater business before, during, or after the event, including food, drinks, or other goods' 41 t l va ter 2013 Community Events Survey 28 t i P base: residents in each segment R e a d e x I T N Y M ' base: Key Takeaways: LJD Replacement Two in three community members support the creation of a replacement event for LJD in the future They are divided about whether it should be smaller or the same /larger ♦ Residents are slightly more likely than businesses to want something smaller ♦ Those who are the least likely to have attended LJD in the past 4 years or to have spent money if they did attend events are the ones who are most likely to support a smaller event ♦ Nearly twice as many support a concert by smaller /local acts as big name acts More support it being held downtown than at another local park July is the month preferred by the most lwater 2013 Community Events Survey 29 Readex N_ II R7N.I,CF o� MINN(sa!A Research Two in three community members would like to see a mix of event sizes in Stillwater, including one large "draw" and several smaller events that focus on local residents Four in five think Stillwater typically has about the right amount of events Most agree that past events have had a positive impact on the city and its business community On average, they felt the inconvenience of past events was minimal /non - existent to them personally ♦ Traffic and lack of parking were the biggest inconveniences A majority support each type of event being held downtown; some events could be in other local parks, too ♦ Few want events in their own neighborhood lWateC 2013 Community Events Survey 30 Readex E 9 1 M'M. L, I 0 f M I N N E S TA Research RESOLUTION 2013 -023 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 $369,487.14 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 19th day of February, 2013. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2013 -23 Accurate Radar Specialties Ace Hardware Advanced Sportswear Amano McGann, Inc. Ann Bean Mansion Aramark Uniform Services, Inc Aspen Mills AT &T BCA /CJTE Campion, Barrow & Associates Cardinal Tracking, Inc. Carquest Auto Parts Carte Graph Systems, Inc. CDW Government, Inc. Century Link Century Power Equipment City of St. Paul Cole Papers Comcast Cox Ford Motor Sales Dalco Daves Sport Shop Egger Alison Erenberg Sarah First State Tire Recycling FleetPride Force America Frontier Ag & Turf Gopher Bearing Gopher State One Call, Inc. Grainger Grass Roots Hockey Greater Stillwater Chamber of Commerce Herc -U -Lift Hoisington Daniel Ice Skating Institute James P McAfee Jefferson Fire & Safety, Inc. Jimmys Johnnys, Inc. Junker Brad Lakeview Hospital League of MN Cities Little Falls Machine Inc. Loffler Companies, Inc. Radar repair and parts Supplies Fire logos on shirts provided Charge Reconfiguration 4th qtr lodging tax overpayment refund Mats and uniforms Uniforms and supplies Phone Training Brain Bruchu B Brucho tested Envelopes Parts and supplies Software Maintenance Printer and monitor Phone Switch housing Training Janitorial supplies Phone service Repair Cleancheck urinal screens Pucks Reimburse for parking mileage tax cis Reimburse for parking mileage tax cls Tire recycling Repair & parts Cap and plug Parts Supplies Tickets Supplies Reimburse warming house key deposit Community symposium sponsorship Repair Field survey results Show /exhibition 3/4 and 1 impact Wrench Tru spec pants Toilet rental Reimburse for sandwiches -Anmal Cont mtg Legal blood draws Claim # H00704718 Al Parts Network support, maint contrct, labor 1,427.64 282.33 70.54 1,068.75 20.00 1,209.27 348.00 44.70 380.00 390.00 405.18 342.96 10,111.00 449.64 373.01 14.78 350.00 559.79 728.89 226.93 661.40 100.00 26.77 28.26 125.10 65.51 42.10 145.65 87.70 81.60 342.62 500.00 3,500.00 2,368.98 4,000.00 25.00 1,874.59 38.95 46.34 42.31 50.00 2,120.76 71.05 3,744.11 EXHIBIT "A" TO RESOLUTION #2013 -23 MacQueen Equipment Inc. Max Todo Marine Services Menards Metropolitan Council MN Chiefs of Police Assoc. MN Occupational Health MN Pollution Control Agency Mondor LTEE/LTD Motorola Solutions, Inc. Municipal Code Corp. NAPA Auto Parts National Reprographics,LLC Northland Graphics Office Depot Peterson Salt and Water Treatment Public Agency Training Council R &R Specialties, Inc. Regents of the U of M Ricoh USA, Inc. Riedell Shoes, Inc. S &T Office Products, Inc. SAHAU1OB Service on a Shoestring Karen Richtman dba Stillwater and Oak Park Heights CVB Stillwater Towing Summit Fire Protection Sun Newspapers SW /WC Service Cooperatives Tessrnan Seed Co. - St. Paul Thomson Reuters Titan Machinery Toll Gas and Welding Supply Total Mechanical Serv, Inc. Trans Union LLC Tri -State Pump and Controls, Inc. Truck Utilities, Inc. Turnblad Bill United Refrigeration, Inc. Upper Midwest Community UPS Verizon Wireless Washington County Chiefs of Police Associatio Waste Management Savage Wiegand Sheila Wald Architects and Engineers Wulfing David Yocum Oil Company Woodruff key mod and other parts Dumpster for railroad ties and rubber ma Supplies Waste water services Permits to acquire a handgun Drug testing Voluntary investigation clean up Jackets xts2500 batteries payment per state cont Supplement Pages Parts and supplies 2012 Plan Scanning Rubber stamps Office supplies Power thaw Seminar -Chris Cratne and Brian Brucho Swivel runner adj power edge 2012 Soil test report Copier lease Skates Office supplies Refund for Showdown Tourney Services 6/1/2012 - 12/31/2012 Lodging tax Towing Annual fire sprinkler inspection Publications Cobra & Retiree Health Insurance Ice melt Info charges Parts and supplies Cylinder Install heaters at Lily Lake Info charges Nelson Street Lift Station Inspection Brine Tank Reimburse -City planner posting APA web Time delay relay kit Training - Nathan Meredith Shipping Internet 2013 Membership 2012 Garbage Certification - final pmt Reimburse for coffee and donuts Police expansion study Boarding Fuel Page 2 482.43 590.00 627.66 123,535.64 64.02 471.40 62.50 311.11 530.00 814.82 870.35 623.77 117.14 352.89 495.80 550.00 33.61 51.00 315.88 192.65 228.83 750.00 10,596.00 32,024.03 125.00 285.00 340.38 59,622.49 467.58 98.06 779.69 31.53 9,972.00 5.00 3,900.00 2,382.24 175.00 112.38 250.00 10.18 468.40 50.00 16,663.03 37.54 1,271.99 90.00 11,660.81 EXHIBIT "A" TO RESOLUTION #2013 -23 Young Dan Zee Medical Service LIBRARY Brodart Co Card Source East Suburban Resources, Inc. Grainger Master Mechanical, Inc. Midwest Tape Petrie Angela Quill Corporation Sun Newspapers Toshiba Business Solutions, USA CREDIT CARDS Tom Ballis Shorty Cleaner Lowes Stu Glaser ICMA Internet Library CC Amazon.com Brodart Kowalskis Market Office max Spokane Hardware Sustainable supply ADDENDUM Century Power Equipment Clark, Dan Cornerstone Land Surveying Magnuson Law Firm Municipal Emergency Services Xcel Reimburse for fitness specialist worksho Medical supplies Library materials Borrowers cards Shredding Building repair HVAC Repairs AV materials Childrens library equipment Supplies Want ad Maintenance contract Laundry service Tools Seminar Library materials Small equipment Gallery opening Supplies Buildind Supplies Buildind Supplies Rescue saw Custodian Platting - parking garage Professional Service Career Tracking Electricity, Gas Page 3 695.00 117.82 2,845.12 1,520.18 32.25 233.60 486.00 575.82 264.65 62.49 54.00 25.85 12.47 389.53 249.00 288.16 236.34 75.19 31.33 42.45 63.69 1,490.85 1,491.25 1,853.75 8,518.70 3,293.00 22,156.61 TOTAL 369,487.14 EXHIBIT "A" TO RESOLUTION #2013 -23 Page 4 Adopted by the City Council this 19th Day of Febuary, 2013 Summary of Proceedings Washington County Board of Commissioners February 5, 2013 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Weik presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Lehrke — reported she attended the following meetings: county Finance Committee; the Planning Advisory Commission as an alternate; the Solid Waste Management Coordinating Board and announced that the Board is partnering with KARE 11 for the Business Recycling Programing; the Resource Recovery Project Board meeting; the Metro Alliance for Healthy Families; the county Strategic Planning Session; the Red Rock Corridor Commission and it is looking for applicants for its citizen advisory committee; she participated in the Association of Minnesota Counties Extension Committee conference call; and the Grant Evaluation and Ranking System Committee; - Commissioner Kriesel — reported he attended the Resource Recovery Project Board meeting where Commissioner Lehrke was elected Vice Chair; and he met with Terra Springs property owners regarding the minimum tax assessment agreement on their property; - Commissioner Weik — reported that she will be attending the Southwest Corridor Management Commission meeting tomorrow in St. Louis Park; she announced that she will be traveling to Washington D.C. next week with members of the Gateway Corridor Commission; she will also be attending the National Association of Counties Legislative Conference in early March; she thanked staff for the work on the Strategic Planning meeting held last week; she attended several meetings related to county committee work and attended committee hearings at the Capitol; she suggested that on a trial basis she would like to reorder the items on the public agenda to start with the Roll Call, Pledge of Allegiance, Comments from the Public, the Consent Calendar to be followed by General Administration and County Commissioner Reports; and under General Administration she would like the County Administrator to give a brief overview of one or two items from the Consent Calendar. Community Services Approval to appoint Peter Katzung, Woodbury, to the Family Homeless Prevention and Assistance Citizen Advisory as a District 5 representative, to a first term expiring June 30, 2015. General Administration Approval of the following actions: - Brent Reibel, May Township, expressed his concerns about property he owns in the Big Marine Park Reserve and the ongoing dispute with the county as to whether there is an easement for a road through his property; - January 15 and 22, 2013 County Board meeting minutes; - Resolution No. 2013 -013, acquire a conservation easement over land owned by the City of Oakdale, through the Land and Water Legacy Program; - Board correspondence was received and placed on file. Human Resources Approval to ratify a two -year agreement for the years 2012 and 2013 with the Association of Supervisors. Information Technology Approval of data /voice cabling contract with Network Design, Inc. for the period of February 1, 2013 through January 31, 2014. Public Health and Environment Approval of the following actions: - Renew two year agreements with the Cities of Bayport, Cottage Grove, Grant, Hugo, Marine, Oakdale, Pine Springs, Scandia, St. Mary's Point, St. Paul Park, and Lake Elmo to provide Individual Sewage Treatment System Inspection Services; - Comments on Valley Branch Watershed District's draft rules and regulations update; - Board workshop held for an overview of the Recycling Performance Scorecard Workgroup. Public Works Approval of the following actions: - Resolution No. 2013 -011, authorize final payment for County Road 59 bituminous reclamation and paving projects to North Valley, Inc.; - Resolution No. 2013 -012, TH 36 /CSAH 29 (Hilton Trail) interchange construction project cooperative construction and maintenance agreement with the Minnesota Department of Transportation; - Update on the St. Croix River Crossing project by Jon Chiglo, Project Manager, Minnesota Department of Transportation; a more detailed workshop was requested in the near future; - Approval to appoint Anthony Tedesco, Woodbury, to the Board of Adjustment and Appeals to fill an unexpired term to December 31, 2013; - Regional Railroad Authority workshop held for an overview of the Counties Transit Improvement Board. Sheriff's Office Approval to enter into an agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management, to receive funding through the Department of Homeland Security, Urban Area Security Initiative Grant Program. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. ate THE OIRTHRLRCE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 19, 2013 SPECIAL MEETING CALL TO ORDER ROLL CALL OTHER BUSINESS 1. VistaTech TIF assistance proposal (Resolution — Roll Call) 2. Presentation of Special Event Survey - Readex 4:30 P.M. REGULAR MEETING 7:00 P.M. 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 3. Possible approval of February 5, 2013 regular and recessed meeting minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 4. Presentation of Miss Teen Washington County — Heather Huna 5. St. Croix River Crossing Update — John Chiglo 6. Proclamation: John W. Jackson, aka Bud Fowler Day OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. STAFF REPORTS 7. Police Chief 11. Public Wks Dir /City Engr. Corps Update 8. Fire Chief 9. City Clerk 10. Community Dev. Director 12 Finance Dir. 13. City Attorney 14. City Administrator CONSENT AGENDA (ROLL CALL) 15. Resolution 2013 -023, directing payment of bills 16. Resolution 2013 -024, approval of Cooperative Agreement between City of Stillwater and BCWD for Settlers Glen Iron -Sand Filtration Project 17. Possible approval to purchase new truck — Engineering Department 18. Resolution 2013 -025, approval of architectural services for Lowell Park Bathroom Project 19. Resolution 2013 -026, approval of 2012 -2014 Labor Contract between the City of Stillwater and American Federation of State, County and Municipal Employees Minnesota Council No. 5, Local 517, AFL -CIO PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. Case No. 2013 -06. This is the date and time for a public hearing to consider a request from the City of Stillwater to consider a minor a revision to Chapter 34 related to building demolitions. Notice was published in the Stillwater Gazette on February 8, 2013. (1st reading Ordinance — Roll Call) UNFINISHED BUSINESS None. NEW BUSINESS 21. Discussion concerning options for using event survey results 22. Possible approval of Iron Man Special Event 23. Possible approval of feasibility study and calling hearing on 2013 Street Improvement Project (Project 2013 -02) (Resolution — Roll Call) 24. Possible approval of feasibility study and calling hearing on County Road Improvement Project (Project 2013 -04) (Resolution — Roll Call) PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) COMMUNICATIONS /REQUESTS COUNCIL REQUEST ITEMS 25. 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. 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: February 13, 2013 TO: Mayor & Council Members REGARDING: Vista Technologies - Incentive to Relocate to Stillwater MEETING DATE: February 19, 2013 FROM: Bill Turnblad, Community Development Director REVIEWED BY: Larry Hansen, City Administrator Dave Magnuson, City Attorney INTRODUCTION For several months now the City has been working with Vista Technologies (VistaTek) of Vadnais Heights to encourage them to relocate their company to the vacant UFE site on Greeley Street. VistaTek was established in 1996 and is a high quality manufacturing firm in the injection molding business. Their client base has grown and diversified to a point that now requires expansion. Though the VistaTek business model differs from the one used by UFE, and production technology has continuously evolved since UFE closed its doors, the facility can fairly easily be upgraded to provide VistaTek with the infrastructure it needs. By July 1, 2013 the company will need the equivalent of 28 full -time employees to meet the demand for the company's services and products. By July 1, 2014 this is expected to grow to 35. Many of these jobs are highly skilled and highly paid. In short, VistaTek is a successful and expanding business that would be a positive addition to the City and a great fit for the vacant UFE facility. PROPOSAL HIGHLIGHTS To encourage the manufacturing company to move to Stillwater, staff has offered (contingent upon City Council approval) a Tax Increment Financing loan of $250,000. The loan would VistaTek Page 2 be forgivable if after five years the level of employment stays at or above 35 full -time equivalent employees. The TIF incentive is necessary, and justifiable by State law, since the industrial site has been vacant or underutilized for many years. And, the vacancy has been due in part to environmental issues associated with industrial contaminants. However, with clean -up efforts underway and this TIF loan, VistaTek is able to find financing to purchase and relocate here. Highlights of the proposal include: • By July 1, 2013, VistaTek expects to employ the equivalent of 28 full time people on site. By July 1, 2014 this would increase to 35. • On January 1st of 2015 and each subsequent year until 2019, VistaTek will report the number of FTE employees it has on site. If the 35 minimum FTE jobs are maintained that year, then no payment to the City would be required. If on a given year employment falls below the minimum requirement, then a pro -rated portion of that year's $50,000 TIF loan value would have to be repaid to the City. • On January 1, 2019 if VistaTek still owns the building and employs the required minimum number of employees, then the loan is forgiven in full. • A check for $250,000 would be provided at the time of closing to the title company. • All of the terms are outlined in the attached documents. All economic development incentive deals come with some risk to a City. In this particular project, the risk is that VistaTek could go out of business or have to cut its work force prior to January 1, 2019. If that were to occur, the City would have to stand third in the mortgage line to recoup its $250,000 investment. However, the risk is minimized by the 16 year track record of the company, their current strength, and the fact that a financial institution has done its due diligence and has found the company to be mortgage - worthy. REQUEST Discuss the proposed TIF incentive, its details, and decide whether or not to approve it. RECOMMENDATION City staff recommends approval of the $250,000 forgivable loan to VistaTek. If the City Council concurs, the attached resolution could be adopted. bt attachment: Resolution Loan Agreement RESOLUTION NO. 2013- A RESOLUTION AUTHORIZING A LOAN AGREEMENT WITH MAVACK, LLC WHEREAS, the City of Stillwater and MAVACK, LLC have negotiated the terms of a Loan Agreement to provide financial assistance to relocate Vista Technologies to the industrial property at1850 and 1792 Greeley St., and WHEREAS, the industrial property has been vacant for a number of years and due to industrial contaminants requires City assistance to redevelop for MAVACK use. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Mayor and City Administrator are hereby authorized to execute the Loan Agreement in the form attached to this Resolution as Exhibit A. 2. That the City Staff is hereby directed to draft documents as necessary, distribute the funds as specified in Exhibit A, and represent the City at the property closing. Enacted by the City Council of the City of Stillwater this 19th day of February, 2013 CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk LOAN AGREEMENT THIS LOAN AGREEMENT is made and entered into as of this day of , 2013 (the "Agreement ") by and between, MAVACK, LLC, a Minnesota Limited Liability Company ( "Borrower ") and City of Stillwater, Minnesota, a public body and corporate politic, as Lender ( "Lender "). WITNESSETH: WHEREAS, Lender has agreed to provide Borrower financial assistance because of Borrower's decision to relocate its business to: 1850 and 1792 Greeley St. Fourth, Stillwater, Minnesota, legally described in the attached Exhibit "A" (the "Property"), WHEREAS, the Property is Redevelopment property polluted by contaminants as defined in Minn. Stat. § 115B.02 subd. 8, and, WHEREAS, Lender is willing to provide financial assistance to Borrower in accordance with the temps and conditions contained in the following documents: (i) this Agreement; (ii) that certain Promis ory Note of even date herewith (the `Tote"); and (iii) t e Mortgage of even S , S �.�...�.,��, t�liv �.�, �.. ,, uiiu �iiv �v�vi ��,a�a. vi even date herewith (the "Mortgage ") and the "Guaranty" (this Agreement together with the Note and Mortgage being referred to herein as the "Loan Documents "); and NOW, THEREFORE, in consideration of the mutual covenants of the parties hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. The Loan Lender agrees to loan to Borrower, and Borrower agrees to borrow from Lender, upon the terms and conditions set forth in the Loan Documents, the sum of $250,000.00 (referred to herein as the "Loan "). II. Use and Disbursement of the Loan A. Eligible Costs Borrower agrees that the proceeds of the Loan (referred to herein as the "Loan Proceeds ") shall only be used for the purchase of the Property and for no other purpose (the "Project "). 1 B. Disbursement of Loan Proceeds Subject to Borrower's performance of its obligations under this Agreement, including the execution of all Loan Documents on or before the closing, the Loan Proceeds will be disbursed at the closing of, and applied to, Borrower's purchase of the Property. III. Insurance Borrower must maintain the Property in good condition, pay promptly all taxes, judgments, or charges of any kind levied or assessed thereon, keep current all mortgage payments due on the Property, and maintain insurance on all the Property against such hazards, in such amounts and with such companies as Lender may reasonably demand. Policies for such insurance must contain a Lender's Loss Payable Clause naming Lender in a manner reasonably satisfactory to Lender. Copies of all insurance policies must be delivered by Borrower to Lender. IV. Loan Terms; Note The Loan shall be evidenced by the Note in the form attached hereto as Exhibit B. V. Security Repayment of the Nnte shall be secured by the Mortgage in the form attached hereto as Exhibit C in the property described therein ( "Collateral "). Borrower shall execute and deliver the Note and Mortgage to Lender prior to the disbursement of any Loan Proceeds. This Mortgage will be subordinate to a first Mortgage in favor of Anchor Bank and a second Mortgage in favor of SBA, provided the proceeds of both mortgages are applied primarily to the Borrower's purchase of the Property. VI. Default Any one or more of the following shall constitute an "Event of Default" under this Loan Agreement: A. Borrower shall fail to pay any principal or interest on the Note within ten (10) days after written notice from Lender of such failure; or B. Borrower shall fail to observe, fail to perfolau or shall breach any covenant, condition or agreement under any of the Loan Documents within thirty (30) days after written notice from Lender of such failure; provided, however, that if such breach cannot reasonably be cured within such 30 -day period, the Borrower shall have an additional 60 -days if necessary to effect such cure so long as Borrower commences such cure within such 30 -day period and proceeds thereafter is a good faith and with due diligence to complete such cure. 2 VII. Remedies A. Whenever any Event of Default shall exist, Lender may take any one or more of the following remedial steps, to the extent permitted by law: (1) Lender may, at its option, declare the then outstanding principal of the Note plus accrued and unpaid interest to be immediately due and payable in full, whereupon the same shall become immediately due and payable by Borrower; (2) Lender may suspend further disbursements of the Loan Proceeds until the Event of Default is cured; and (3) Lender may take whatever action at law or in equity may appear necessary or appropriate to collect all sums then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement, covenant, representation or warranty of Borrower under the Loan Documents or any related instrument; or to otherwise compensate the lender for any damages on account of such Event of Default. B. No remedy conferred upon or reserved to the Lender is intended to be excllusi :�e of any other available remedy or remedies , but each and every such remedy b shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lender to exercise any remedy reserved to it in this Paragraph VII, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or be required by law. VIII. Miscellaneous A. Except when arising out of Lender's negligence or willful misconduct, Borrower shall defend, indemnify, save and hold harmless Lender and its officers, agents and employees [] from any and all losses or damages of any kind (including reasonable attorney's fees) arising from any action, suit or claim arising out of the Project or the Property, including any liability assumed by Borrower or associated with hazardous contaminants existing on the Property at the closing date of Borrower's purchase of the Property or generated thereafter by Borrower. B. For the purposes of this Loan Agreement, Borrower shall not be deemed a partner, joint or co- venturer, employer or agent of Lender. Any and all employees, contractors, and agents of Borrower, while engaged in the performance of any work 3 or services permitted under this Agreement, shall not be considered employees of the Lender. C. Prior to, or concurrently with the execution of this Agreement, Borrower shall provide the following: (1) Copies of Articles of Organization of Borrower together with a certificate of the Secretary of Borrower as to the organization of Borrower in a form reasonably acceptable to Lender. (2) Copies of resolutions or such other acceptable written approval or permission by Borrower's Board of Governors and/or its Members authorizing the execution, delivery and performance of this Agreement and the Note, and Mortgage certified by the Secretary of Borrower, all in a form reasonably acceptable to Lender. D. Borrower agrees to follow any and all compliance requirements reasonably deemed necessary by the City of Stillwater with respect to, and cooperate fully with the City of Stillwater's requirements needed to satisfy requirements of, the Minnesota Tax Increment Financing Act. F. Borrower represents and warrants that it will not use the Project or the Property or allow any assigns or tenants to use the Property in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances. As used herein, the term "Hazardous Substances" shall mean any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea foiuialdehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is required, or the manufacture, preparation, production, generation, use, maintenance, treatment, storage, transfer, handling or ownership of which is restricted, prohibited, regulated or penalized by any and all federal, state, county, or municipal statutes or laws now or at any time hereafter in effect. IX. Amendment, Governing Law No amendment, change or modification of this Loan Agreement or Loan Documents will be valid unless the same be in writing and signed by all parties hereto. X. Notices All notices provided for herein shall be in writing and shall be deemed to have been given when delivered personally or when deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: 4 If to Borrower, If to Lender, Larry D. Hansen City Administrator City Hall MAVACK, LLC c/o Dan Mishek 380 Oakgrove Parkway, Suite 100, Vadnais Heights, MN 55127 or addressed to any such party at such other address as such party shall hereafter furnish by notice to the other parties as above provided. XI. Binding On Successors and Assigns The provisions of this Agreement shall inure to the benefit of and be binding upon Borrower, Lender and their respective successors and assigns. No delay on the part of Lender in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power to privilege constitute such waiver nor exhaust the same, which shall be continuing. The rights and remedies of Lender specified in this Agreement shall be in addition to and not exclusive of any other right and remedies that Lender, by operation of law, would otherwise have. XII. Governing Law This Agreement is to be construed and enforced according to and governed by the laws of the State of Minnesota. XIII. Counterparts This Agreement may be executed in any number of counterparts, all of which shall constitute a single agreement, any one of which bearing signatures of all parties shall be deemed an original. XIV. Time Time is of the essence in the performance of this Agreement. 5 XV. List of Exhibits Exhibit A: Legal Description Exhibit B Mortgage Note Exhibit C: Mortgage Deed Exhibit D: Guaranty 6 IN WITNESS WHEREOF, the parties have executed this Loan Agreement on this day , of 2013. Approved as to Form: City Attorney Borrower MAVACK, LLC By: Its: CITY OF STILLWATER, MINNESOTA By: Its: By: Its: EXHIBIT A Legal Description PARCEL A 1850 Greeley St S 33.030.20.32.0013 The South Two Hundred (200) feet of the Northwest Quarter of the Southwest Quarter (l■NW1 /4 of SWI/4) of Section Thirty -three (33), Township Thirty (30) North, Range Twenty (20) Wes t, Washington County, Minnesota, lying West of the centerline of County Highway No. 66; PARCEL B 1792 Greeley St S 33.030.20.32.0014 The North One Hundred Twenty -two (122) feet of the South 'Three Hundred Twtinty two (322) feet of the Northwest Quarter of the Southwest Quarter of Section Thirty-three (33), Township Thirty (30) North, Range Twenty (20) West, lying West of the oenteriine of?Courtty Highway No. 66. Sabi ct to zesert!ations, easeiilenls, r trifltion ,building and zoning laws, ordinances, State and federal regulations. EXHIBIT B MORTGAGE NOTE $250,000.00 Stillwater, Minnesota Date FOR VALUE RECEIVED, the undersigned (herein called the "Borrower ") promises to pay to the order of the City of Stillwater, Minnesota, a public body corporate and politic (herein called the "Lender "), or its assigns, the sum of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) together with interest on the unpaid principal balance thereof at the rate established pursuant to Section 1 below. This Note is being issued by the Borrower pursuant to that certain Loan Agreement of even date herewith by and between the Borrower and Lender (the "Loan Agreement "). This Note is subject in all respects to the terms of the Loan Agreement. 1. Interest Scheduled Payments; Prepayment. The unpaid principal amount of this Note shall bear interest at the local prime rate as set 3 days prior to closing of Borrower's purchase of the Property (as that term is defined in the Loan Agreement) at the Wall Street Journal's Prime Rate. Subject to forgiveness of any such payment as provided in Section 3 below, on the first day of January, 2015, and continuing on the first day of each January thereafter to and including the first day of January, 2019 (each a "Due Date "; and the final Due Date being the "Maturity Date "), Borrower shall pay to the Lender the principal sum of Fifty Thousand and 00/100 Dollars ($50,000.00) together with all assessed and unpaid interest (each a "Payment Amount "). The Borrower may prepay or accelerate payments under this Note without the written consent of the Lender. 2. Penalties; Acceleration. Any Payment Amount not paid by the Borrower within ten (10) days of a Due Date shall be subject, at the Lender's sole discretion, to a late fee equal to five (5 %) of said Payment Amount. In addition, in the event that the Borrower no longer occupies the Property (as defined in the Loan Agreement), the then- outstanding principal amount of the Note plus accrued interest, shall be immediately due and payable at the option of the Lender. 3. Forgiveness of Note. 3.1 Subject to the provisions of this Section 3 and provided that there is no Event of Default as defined in the Loan Agreement, the Lender shall forgive and discharge each Payment Amount, including accrued interest, as it becomes due and as of a Due Date to the extent the Borrower has achieved the Employment Level, as defined below. If the Borrower has achieved the Employment Level in full, the Lender shall forgive the full amount of the Payment Amount as of the Due Date of such Payment Amount. If the Borrower has achieved the Employment Level less than in full, the Lender shall forgive a pro rata portion of the Payment Amount, calculated by multiplying the Payment Amount by a fraction, the numerator of which is the actual number of Full -Time Equivalent Jobs (as defined below) and the denominator is the number of equivalent jobs required by Sec. 3.3. 3.2 Forgiveness by the Lender of all or any portion of a Payment Amount shall reduce the amount owed with respect to such Payment Amount and the remaining principal and interest owed under the Note as if the amount of such Payment Amount forgiven by the Lender had been timely paid in full by the Borrower on the applicable Due Date. After application of the provisions of this Section 3, the Borrower shall pay the balance of the Payment Amount, if any, in cash on each Due Date. 3.3 "Employment Level" shall mean that the Borrower employs number (28) persons in Full -Time Equivalent Jobs at the Property by January 31, 2014 and increases the number to at least 35 by January 31, 2015. A Full -Time Equivalent Job shall mean any single employee who receives full benefits and works at least thirty - two hours per week; any combination of employees that is employed on a full -time, 40 -hour per week basis; or any single employee that is salaried with full benefits. 3.4 To be eligible for the forgiveness described in this Section 3: (a) the Borrower must provide Lender on a Due Date with a certificate in the form attached hereto as Schedule A (the "Certificate "); (b) the Certificate must be executed by an authorized officer of the Borrower; and (c) the Certificate must be delivered on a Due Date or up to 14 days prior to a Due Date. If the Certificate is submitted prior to a Due Date, the Borrower and Lender may assume for purposes of the Certificate that the number of Full -Time Equivalent Jobs as of the certification date shall remain constant through such Due Date. 3.5 If the Borrower does not provide the Lender with a Certificate as described in Section 3.4 within ten (10) days of written notice from Lender, the Payment Amount due on such Due Date shall be due and payable in full in accordance with the Note, without any credit or forgiveness, and the Borrower shall be deemed to have waived any right to forgiveness with respect to such Payment Amount. 3.6 The Lender shall upon receipt of Certificate sign and acknowledge a copy thereof and shall also state the Payment Amount it will forgive under this Note. The Lender shall provide the Borrower promptly with a copy of the acknowledged and notated Certificate. 3.7 The Lender shall have the right, within 60 days following the submission of a Certificate, to make an independent investigation and deteanination as to the accuracy of the Certificate. In connection therewith, the Lender shall have access at reasonable times and upon requests to the Borrower to the Borrower's applicable payroll and other records as reasonably necessary to determine the number of Full - Time Equivalent Jobs existing at the Borrower as of the certification date. If the number of Full -Time Equivalent Jobs actually existing at the Property as of the certification date differs from that certified by the Borrower, an appropriate adjustment shall immediately be made, whether by an additional forgiveness and credit against the balance of the Note, or by additional cash payment by the Borrower, as the case may be. Failure of Lender to make such investigation and determination within such 60 -day period shall be deemed a waiver by the Lender of its right to contest the accuracy of such Certificates. 3.8 The provisions for forgiveness set forth in this Section shall apply only in respect to the Payment Amounts and shall not apply in the case where payment of the Note has been otherwise accelerated pursuant to the Loan Agreement or this Note prior to its Maturity Date. 4. Security. This Note is secured by a Mortgage (the "Mortgage ") of even date herewith. This Note shall be subject to the terms and conditions set forth in the Mortgage. 5. Event of Default. If an Event of Default shall occur under the Loan Agreement or the Borrower fails to timely perfoiui any obligation under this Note, the Lender shall have the right and option to declare, without notice, all the remaining indebtedness of unpaid principal and accrued interest evidenced by this Note immediately due and payable. The Lender's failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 6. Collection. If suit is instituted by the Lender, or its successors or assigns, to recover on this Note, the Borrower agrees to pay all costs of such collection actually incurred, including reasonable attorney's fees and court costs. If this Note be reduced to judgment, such judgment shall bear the lawful interest rate pertaining to liquidated demands, but not to exceed 9% per annum. 7. Waivers. The Borrower hereby waivPs all rights of demand, protest and notice ofd ern and and protest, and the Borrower hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. 8. Governing Law. This Note shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, this Note has been duly executed by the Borrower, as of the day and year above first written. Borrower MAVACK, LLC By: Its: SCHEDULE A CERTIFICATE OF JOBS This Certificate is made pursuant to the Loan Agreement and Loan Document dated , 2013, by and between the City of Stillwater, Minnesota, Lender and , Borrower and relates to the Due Date of , 20 . All capitalized terms used herein are defined in the Loan Agreement and Note. The number of Full -Time Equivalent Jobs existing at Borrower at the Property as of January 31, 2014 is 28 and by January 31, 2015 is increased to at least 35. below. I certify that the information on this Certificate is true and correct as of the date set forth Borrower By: Title: Date: LOAN FORGIVENESS Based on the above Certificate, the amount of principal and interest of the above - referenced Note that is forgiven is $ CITY OF STILLWATER, MINNESOTA By: Title: Date: EXHIBIT C MORTGAGE DEED MORTGAGE REGISTRY TAX DUE HEREON: $ THIS INDENTURE, Made this day of , 2013, between MAVACK, LLC, a Minnesota limited liability company, Mortgagor, and the City of Stillwater, of the County Washington and State of Minnesota, Mortgagee, WITNESSETH, That the Mortgagor, in consideration of the sum of and /100 DOLLARS ($ ), to the Mortgagor in hand paid by the Mortgagee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Mortgagee, his heirs and assigns, Forever, all of the tracts or parcels of land located lying and being in the County of Washington, and State of Minnesota, described as follows: (provide legal description) together with all hereditaments and appurtenances belonging thereto (the Property). TO HAVE AND TO HOLD THE SAME, to the Mortgagee, itss heirs and assigns, forever. And the Mortgagor, for its heirs, administrators, executors and assigns, does covenant with Mortgagee, his heirs and assigns, as follows: That Mortgagor is lawfully seized of the Property and has good right to sell and convey the same; that the Property is free from all encumbrances, except the Mortgages in favor of the Anchor Bank and the SBA, that the Mortgagee, its successors and assigns, shall quietly enjoy and possess the same; and that the Mortgagor will Warrant and Defend the title to the same against all lawful claims not hereinbefore specifically excepted. PROVIDED, NEVERTHELESS, That if the Mortgagor, its heirs, administrators, executors or assigns, shall pay to the Mortgagee, his heirs and assigns, the sum of Two Hundred Fifty Thousand and No /100 DOLLARS ($250,000.00), according to the terms of a Promissory Note of even date herewith (the Note), the final payment being due and payable on demand, with interest at the rate as set forth in the Note, executed by the Mortgagor and shall repay to the Mortgagee, his heirs or assigns, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, in payment of taxes on the Property, insurance premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorney's fees herein provided for and sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agreements herein contained, then this Mortgage shall be null and void, and shall be released at the Mortgagors' expense. AND THE MORTGAGOR, for its successors and assignors, does hereby covenant and agree with the Mortgagee, his heirs and assigns, to pay the principal sum of money and interest as specified in the Note; to pay all taxes and assessments now due or that may hereafter become liens against the Property at least ten days before penalty attaches thereto; to keep any buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire for at least the amount required by the Loan Agreement dated February , 2013 made by MR and ME, and to deliver to Mortgagee a copy of the policies for such insurance with mortgage clause attached in favor of Mortgagee or its successors or assigns; to pay when due, both principal and interest of all prior liens or encumbrances, if any, above mentioned, and to keep the Property free and clear of all other prior liens or encumbrances; to commit or permit no waste on the Property and to keep them in good repair; to complete forthwith any improvements which may hereafter be under course of construction thereon, and to pay any other expense and attorney's fees incurred by Mortgagee, its successors or assigns, by reason of litigation with any third party for the protection of the lien of this Mortgage. In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorney's fees as above specified, or to insure said buildings and deliver the policies as aforesaid, the Mortgagee, its successors or assigns, may pay such taxes, assessments, prior liens, expenses and attorney's fees and interest thereon, or effect such insurance, and the sums so paid shall bear interest at the highest rate permitted by law from the date of such payment, shall be impressed as an additional lien upon the Property and be immediately due and payable from the Mortgagor to the Mortgagee, its successors and assigns, and this Mortgage shall from date thereof secure the repayment of such advances with interest. In case of default in any of the foregoing covenants, the Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of the Note and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and hereby authorizes and empowers the Mortgagee, its successors and assigns, to foreclose this Mortgage by advertisement and sell the Property at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney's fee permitted by law, which costs, charges and fees the Mortgagor herein agrees to pay. 2 IN TESTIMONY WHEREOF, the Mortgagor has hereunto set her hand the day and year first above written. MORTGAGOR MAVACK, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2013 by , Mortgagor. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL THIS INSTRUMENT WAS DRAFTED BY: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 FAILURE TO RECORD OR FILE THIS MORTGAGE MAY GIVE OTHER PARTIES PRIORITY OVER THIS MORTGAGE EXHIBIT D GUARANTY The undersigned Guarantors (the "Guarantors ") hereby guaranty, jointly and severally, to the City of Stillwater: (i) the full and prompt payment of principal of (whether due at maturity and interest on the Note (the "Payments ") pursuant to the terms of the Note, to be paid due to an Event of Default as described in the attached Loan Agreement. Daniel Mishek Jennifer Sutherland Allen Mishek 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: February 12, 2013 TO: Mayor & Council Members REGARDING: ReadEx Summary - Event Survey MEETING DATE: February 19, 2013 FROM: Bill Turnblad, Community Development Director Michele Hanson of ReadEx Reasearch manages the City's event survey project. Two weeks ago she distributed a summary of the raw data. At the February 19, 2013 Council meeting she will present the data in a more useful format. Specifically, she will: 1) Explain a bit about the demographics of the survey respondents. For example: does where they live affect how they feel about downtown events; do certain age groups want a community event to replace Lumberjack Days; do certain age groups want certain types of activities at a community event; do residential property owners attend downtown events; do business owners generally like events; do West Business Park businesses want to see more events; etc. 2) Present the views of respondents toward events in general. 3) Present the views of respondents toward a new community event to replace Lumberjack Days. As a separate agenda item later in the Council meeting, the Council will discuss what the next steps should be, now that the survey has been completed. bt St11 'water The EIiUp la■■ ■� YI■a■a■t■ 2012 Community Events Survey 1. What is your current association with the city of Stillwater? ❑ live in Stillwater ❑ own a business in Stillwater ❑ both 2. If you live in Stillwater, about how long have you been a resident? If you have lived in Stillwater periodically (moving away and moving back), please include the total amount of years you have lived in the city. ❑ 30 years or more ❑ 15 - 19 years ❑ 20 - 29 years ❑ 10 - 14 years ❑ 6 - 9 years ❑ 3 - 5 years 3. If you own a business in Stillwater, about how long have you been in business here? ❑ 30 years or more ❑ 15 - 19 years ❑ 20 - 29 years ❑ 10 - 14 years ❑ 6 - 9 years ❑ 3 - 5 years 4. How many more years do you plan to live in or own a business in the city of Stillwater? ❑ 10 years or more ❑ 6 - 9 years ❑ 3 - 5 years ❑ 1 - 2 years ❑ 1 - 2 years ❑ less than 1 year ❑ 1 - 2 years ❑ less than 1 year ❑ less than 1 year Events in Stillwater 5. Which events held in Stillwater have you or other members of your household attended in the past 4 years, either as a spectator or a participant? (please ❑x all that apply) ❑ Cruisin' on the Croix (car show) ❑ Fall Art Fair & Jazz Festival ❑ July 4th fireworks ❑ Lumberjack Days (any related activities /events) ❑ Nature Valley Bike Race ❑ Night to Unite ❑ Spring Art Fair ❑ Stillwater Harvest Fest & Giant Pumpkin Weigh -Off ❑ Stillwater Marathon ❑ Summer Tuesdays in Lowell Park (Market, Music, and Movies) ❑ other: ❑ none (please specify) 6. If you or other members of your household attended any events in Stillwater in the past 4 years, were any purchases made at any Stillwater business before, during, or after the event, including food, drinks, or other goods? ❑ yes ❑ no 7. Do you believe that Stillwater typically has too many events, about the right amount, or too few? ❑ too many ❑ about right ❑ too few ❑ no opinion 8. In your opinion, how often should Stillwater host each of these types of events? (please ❑x one option for each) once a more than no never year once a year preference art fair ❑ ❑ ❑ ❑ car show ❑ ❑ ❑ ❑ fireworks ❑ ❑ ❑ ❑ ice cream social ❑ ❑ ❑ ❑ lumberjack exhibitions /activities /competition ❑ ❑ ❑ ❑ outdoor concert: big name acts ❑ ❑ ❑ ❑ outdoor concert: smaller /local acts ❑ ❑ ❑ ❑ outdoor movie and music ❑ ❑ ❑ ❑ parade ❑ ❑ ❑ ❑ regional event (like Lumberjack Days) ❑ ❑ ❑ ❑ running /bicycle race ❑ ❑ ❑ ❑ water show ❑ ❑ ❑ ❑ 9. If the following events had to be in Stillwater, in which of these locations would you support them being held? (please ❑x all that apply for each) local park your home's/ (not business's downtown downtown) neighborhood art fair ❑ ❑ ❑ car show ❑ ❑ ❑ fireworks ❑ ❑ ❑ ice cream social ❑ ❑ ❑ lumberjack exhibitions /activities /competition ❑ ❑ ❑ outdoor concert: big name act ❑ ❑ ❑ outdoor concert: smaller /local act ❑ ❑ ❑ outdoor movie and music ❑ ❑ ❑ parade ❑ ❑ ❑ regional event (like Lumberjack Days) ❑ ❑ ❑ running /bicycle race ❑ ❑ ❑ water show ❑ ❑ ❑ 10. How would you rate the impact past events in Stillwater have had on ..... ? (please ❑x one rating for each) very very positive no negative impact impact impact +2 +1 0 -1 -2 ❑ ❑ ❑ ❑ ❑ the city of Stillwater as a whole ❑ ❑ ❑ ❑ ❑ the neighborhood in which you live or own a business ❑ ❑ ❑ ❑ ❑ the local business community 11. In the past two years, how much would you say each of the following aspects of events held in Stillwater have inconvenienced you and your family personally? (please ❑x one rating for each) none a great at all inconvenience 1 2 3 4 5 closing of streets ❑ ❑ ❑ ❑ ❑ noise ❑ ❑ ❑ ❑ ❑ public drunkenness ❑ ❑ ❑ ❑ ❑ lack of parking ❑ ❑ ❑ ❑ ❑ litter ❑ ❑ ❑ ❑ ❑ vandalism /crime ❑ ❑ ❑ ❑ ❑ traffic ❑ ❑ ❑ ❑ ❑ 12. Overall, how do you rate the inconvenience for you personally regarding the events held in Stillwater in the past two years? Please consider any problems you may have experienced regarding parking, noise, crowds, traffic, getting to where you want to go, etc. (please 0 one rating) none a great at all inconvenience 1 2 3 4 5 a. If you rated the inconvenience factor highly in the previous question (4 or 5), why do you say that? Please explain your response. 2 13. In the past, Stillwater has held large events that are a draw for local residents and for people from around the Twin Cities as well as smaller events that focus on local residents. Which one of these options best represents the mix of events you would prefer for the city? (please ❑x only one option) ❑ one large event and nothing else ❑ several smaller events, but no large event ❑ one large event and several smaller events ❑ no events at all 14. How much would you support or oppose the city contributing each of the following to help make future events in Stillwater possible? (please ❑x one rating for each) strongly strongly oppose support -2 -1 0 +1 +2 city staff time (including admin, fire, police, public works, etc.) ❑ ❑ ❑ ❑ ❑ free parking in city lots during event times ❑ ❑ ❑ ❑ ❑ free use of city parks for events: for non - profit organizations ❑ ❑ ❑ ❑ ❑ free use of city parks for events: for other organizations ❑ ❑ ❑ ❑ ❑ monetary funding: for regional events (like Lumberjack Days) ❑ ❑ ❑ ❑ ❑ monetary funding: for other events ❑ ❑ ❑ ❑ ❑ use of city equipment/machinery ❑ ❑ ❑ ❑ ❑ About Lumberjack Days 15. Prior to 2012, Lumberjack Days was the annual event held in Stillwater over several days in July. It included such things as concerts, carnival rides, a parade, lumberjacking exhibitions, etc. Lumberjack Days was not held in 2012. How much do you agree or disagree with each of the following statements about Lumberjack Days? (please 0 one rating for each) strongly strongly oppose support -2 -1 0 +1 +2 It was an important part of the Stillwater experience ❑ ❑ ❑ ❑ ❑ It was too big ❑ ❑ ❑ ❑ ❑ It was more for the enjoyment of people outside of the city than for local residents ❑ ❑ ❑ ❑ ❑ It cost the city too much ❑ ❑ ❑ ❑ ❑ I'd miss it if it went away permanently ❑ ❑ ❑ ❑ ❑ It was too much of a hassle for residents, not worth it ❑ ❑ ❑ ❑ ❑ It's good for the local business community, so I'd support it regardless of my personal feelings ❑ ❑ ❑ ❑ ❑ 16. How much do you support or oppose the creation of a replacement event for Lumberjack Days in future years? (please 0 one rating) strongly strongly oppose support -2 -1 0 +1 +2 3 17. If a replacement event for Lumberjack Days were created, how much would you support or oppose the following types of events or activities being included? (please ❑x one rating for each) strongly strongly oppose support -2 -1 0 +1 +2 carnival /rides ❑ ❑ ❑ ❑ ❑ food vendors /marketplace ❑ ❑ ❑ ❑ ❑ kids' events ❑ ❑ ❑ ❑ ❑ parade ❑ ❑ ❑ ❑ ❑ concert by big name acts ❑ ❑ ❑ ❑ ❑ concert by smaller or local acts ❑ ❑ ❑ ❑ ❑ fireworks ❑ ❑ ❑ ❑ ❑ running /bicycling race (10K, 5K) ❑ ❑ ❑ ❑ ❑ lumberjack exhibitions /activities /competition ❑ ❑ ❑ ❑ ❑ boat race ❑ ❑ ❑ ❑ ❑ water show ❑ ❑ ❑ ❑ ❑ talent show ❑ ❑ ❑ ❑ ❑ bingo in the park ❑ ❑ ❑ ❑ ❑ chess tournament ❑ ❑ ❑ ❑ ❑ 18. If a replacement event for Lumberjack Days were held, ... a. On what scale would you prefer it to be? (please ❑x only one option) ❑ same size as Lumberjack Days, drawing local residents and thousands of people from outside of the city ❑ larger than Lumberjack Days, drawing even more people from outside the city through big attractions and events ❑ smaller than Lumberjack Days, focused on local residents and smaller events and attractions b. In what month(s) would you prefer it be held, assuming holiday weeks would be avoided? (please 0 all that apply) ❑ Jan ❑ Mar ❑ May ❑ Feb ❑ Apr ❑ Jun ❑ Jul ❑ Aug ❑ Sep ❑ Oct ❑ Nov ❑ Dec About you 19. What is your age? ❑ under 25 ❑ 25 - 34 20. Your gender? ❑ male ❑ female ❑ 35 - 44 ❑ 45 -54 ❑ 55 - 64 ❑ 65 or over 21. How many people living in your household (including you) are in each of the following age groups? (please write in a number on each line, if none, write "0') # 18 years old or over # under 18 years old Thank You! (Please return your survey in the postage -paid envelope provided.) This form is coded only to avoid troubling you with reminder mailings once your survey is received. Your answers will be kept strictly confidential and used only in tabulation with others. © 2012 Readex Research project #15810- «SurveylD» *«JobID»— «Qversion»— «SurveyID»* Readex Research 2251 Tower Drive West Stillwater, MN 55082 651.439.1554 FAX 651.439.1564 THE IIRTMRLRCE OF MINNESOTA CITY COUNCIL MEETING MINUTES February 5, 2013 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:37 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward OTHER BUSINESS Athletic Facilities Review Patrick Kopesky, intern for the City of Stillwater and Stillwater Public School District #834, reported on the facilities inventory review he completed. The purpose was to identify locations, users, appropriate fees and contacts for the fields throughout the school district. He met with several groups and organizations in the District. Questions that resulted are: Is the current system of scheduling fields still viable for the future? Is there a need for a sports commission to oversee athletic facilities and organizations, and would this affect youth athletic participation? He identified a need for more lighted 90 -foot baseball fields, more practice fields for Lacrosse, and better methods of scheduling fields. He also found that a field at St. Mary's Point could be used more efficiently if it were better maintained. Councilmember Polehna pointed out that this information will be presented to the other municipalities to discuss coordinating services. He noted that Mr. Kopesky donated 480 hours to put the information together. He added that the management of the facilities is disjointed - a central structure for scheduling is needed. The next step is to determine how to make the system work as a cohesive whole. He will keep working on the issue. Councilmember Weidner commented that the various entities within the District need to be unified. When considering facilities, we need to look at traffic patterns as well. The City could lead in this effort, but it needs to be a collaborative effort between the school district and all municipalities. City Council Meeting February 5, 2013 STAFF REPORTS Police Chief Gannaway informed the Council that Sgt. Nate Meredith took the place of former Capt. Craig Peterson as the new patrol captain. Brian Bruchu, one of the officers, is the new Sergeant. Community Development Director Turnblad provided a summary of the community event survey. Readex will be at the February 19 Council meeting to do a presentation and answer questions in preparation for the next step. He asked Councilmembers to email him any questions for Readex. City Attorney Magnuson suggested that there is a way to create a special taxing district so expenses associated with the Middle St. Croix can be born only by residents of the district, not by the general fund. It would eliminate double taxation now being paid by residents within the Browns Creek Management District. He would like to work on creating this and requires Council permission. There were no objections from the Council. ADJOURNMENT The meeting was recessed at 5:09 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:01 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Planner Pogge City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to approve the January 18, 2013 special meeting minutes; January 22, 2013 regular meeting minutes; and January 22, 2013 record of executive session. All in favor. Page 2 of 5 City Council Meeting February 5, 2013 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation & Retirement Plaque - Police Captain Craig Peterson Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -015, Certificate of Appreciation presented to Craig Peterson. Ayes: Councilmembers Polehna, Kozlowski, Weidner, Menikheim, and Mayor Harycki Nays: None Certificate of Appreciation - City Planner Michel Pogge Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2013 -016, Certificate of Appreciation presented to Michel Pogge. Ayes: Councilmembers Polehna, Kozlowski, Weidner, Menikheim, and Mayor Harycki Nays: None OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2013 -017, directing payment of bills Possible approval to hire temporary summer seasonal Community Service Officers and Parking Lot Attendants - Police Possible approval to hire temporary summer seasonal - Public Works/Engineering Possible approval of capital budget release - Library Resolution 2013 -018, establishing hourly pay rates for paid on -call fire personnel - Fire Possible approval to purchase squad cars - Police Resolution 2013 -019, authorizing the City to make application for a Certified Local Government Grant and a Minnesota Historical and Cultural Grant to the Minnesota Historical Society Possible approval to purchase two computers for Lily Lake Ice Arena & Recreation Center — MIS Possible approval of sanitary sewer adjustments Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Page 3 of 5 City Council Meeting February 5, 2013 PUBLIC HEARINGS Case No. 2013 -36. A public hearing to consider a request from Joe Jablonski, Lennar Corporation, for final plat, PUD, and Developers Agreement approval for Millbrook 7th Addition, for 47 lots and 4 outlots located at Outlot B, Millbrook 5th Addition. Notices were mailed and published in the Stillwater Gazette on November 30, 2012. Community Development Director Turnblad reviewed the request and indicated that this is the last plat for the Millbrook neighborhood. This plat is known as Millbrook 7th Addition and includes a total of 47 single family homes that are zoned Traditional Residential. There were no public comments during the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2013 -020, approving the final plat, final PUD site plan, and development agreement for Millbrook 7th Addition. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible adoption of Ordinance 1058, 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 Community Development Director stated there have been no changes since the first reading of the ordinance. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Ordinance No. 1058, 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 Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None NEW BUSINESS Possible approval of Planning Commission members City Clerk Ward stated there is a vacancy on the Planning Commission and there will be another vacancy on May 1. Eight applications were received and interviews were conducted by Councilmember Weidner and Chair Mike Kocon. Their recommendation is to appoint Jenna Fletcher to fill the unexpired term of Mike Dahlquist's position with her term expiring May 1, 2014, and to appoint Gim Middleton to the commission effective May 1, 2013 to fill the vacancy by Aron Buchanan, with his term expiring May 1, 2016. Councilmember Weidner commented that the candidates for these positions were exceptionally qualified. He encourages each of them to seek some opportunity to work with the City. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2013 -021, appointing Jenna Fletcher and Gim Middleton to the Planning Commission. Page 4 of 5 City Council Meeting February 5, 2013 Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None STAFF REPORTS (continued) Discussion on Special Event Moratorium - Ironman Race Community Development Director Turnblad requested clarification on whether this special event application is covered by the moratorium on community -wide events. The Ironman Race would pass through Stillwater on the last Sunday in April. Racers will be coming through Stillwater during an eight hour stretch. Mayor Harycki noted the moratorium was intended for events that would tie up the downtown for a weekend, whereas this is more of a pass- through event. Chief Gannaway reported that the event is very well organized and has good traffic control. Council members had no objection. Community Development Turnblad stated staff will process the request and bring it before the Council in two weeks. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adjourn the meeting at 7:25 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2013 -015, Certificate of Appreciation presented to Craig Peterson Resolution 2013 -016, Certificate of Appreciation presented to Mike Pogge Resolution 2013 -017, directing payment of bills Resolution 2013 -018, establishing hourly pay rates for paid on -call fire personnel Resolution 2013 -019, authorizing the City to make application for a Certified Local Government Grant and a Minnesota Historical and Cultural Grant to the Minnesota Historical Society Resolution 2013 -020, approving the final plat, final PUD site plan, and development agreement for Millbrook 7th Addition Resolution 2013 -021, appointing Jenna Fletcher and Gim Middleton to the Planning Commission Ordinance No. 1058, amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance, by providing for referral of some special use permits to the City Council. Page 5 of 5 December 26, 2012 TO WHOM IT MAY CONCERN, INTERNATIONAL "' PAGEANT Showcasing the Accomplishments of Todav's Teens Pm pleased to inform you that the MISS TEEN MINNESOTA International pageant has named Heather Hung of Stillwater as Miss Teen Washington County International for the YEAR "2013" As a representative in your area she will be available to assist you with upcoming fundraising events, parades, and public service campaigns. The Miss Teen International Pageant system recognizes young Teen's for their accomplishments at home, at school, and in the community. We are honored to have such a fine representative in your area, and it is our hope, she will be able to work with you throughout her reign. Miss Teen Washington County can help in variety of ways. Perhaps you would like her to act as an emcee, or as an "Official Hostess" for an upcoming event. You may wish to have her speak on her "platform" for your next club or meeting. She can ride in parades, sign autographs, shake hands, She is available to offer her assistance and, most of the time, her appearances are free of charge! To schedule an appearance, simply fill out the enclosed "Appearance request form'. Mail it to: PAGEANTS UNLIMITED P.O. BOX 240537 APPLE VALLEY, MN 55124 -0537 Or Fax it to our office at (952) 953 -3896 Once your request is received, we will contact your area representative, check her calendar and let you know if she is available. If you have any questions, or need assistance in determining how to take advantage of this opportunity, please feel free to contact me. Mo sincerely, ki /` 1 ison L. Stavrakis, -State Director- 9 P.O. Box 240537 e Apple Valley, Minnesota 55124 -0537 Tel. (952) 432 -6758 • Fax (952) 953 -3896 email_ pagunitd@frontiernet.net • www.missteenminnesota.com • www.minnesotapageants.com City a� StiQQwatett, uU[itNesota Tmehtmation r 117.1-(TRT.AS, John `W. Jackson, also known cis Bud Fowler, died at his sister's home in Fort Plain, New 1Jork on February 26, 1913; and W5(TRT 4S, Bud Fowler, raised in Cooperstown, New York, became the first professional black baseball-prayer when he playedfor the Live Oaks of Lynn, Massachusetts in 1878; and 1W5-(TRT91S, Fowler wouldplay ball wherever the color of his skin was accepted and in 1884 Fowler prayed in the Northwestern League 'with the Stilrwcater Minnesota Club which he read the Club in pitching and batting over the course of the season with the localnewspapers calling him Stillwater 's "colored bonanza;" and 'W5-(TRT9lS, Fowler would continue to pray baseball on white clubs across the 'United States and in Canada, later founding his own Negro Club - the Page Fence Giants - that barnstormed around the Nation in the 189 os; and A1011; 2 -127?2 'ORZ I, .7CENII- /4RYC5 by virtue of the authority vested in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim February 26, 2013 as John 'W Jackson, aka Bud yowler Day and that we honor the pioneer spirit and the determination of John W. Jackson, aka Bud Fowler, on the loath anniversary of his death, for blazing a trail throughout the country praying the National Pastime when circumstances 'were against him and that he spent the summer of 1884 playing the game in Stillwater, Washington County, Minnesota. T5f7YI7NESS 7Y3%R?O, I have hereunto set my hand and caused the Sear of the City of Stillwater to be affixed this 19th day of February 2013. LIST OF BILLS EXHIBIT "A" TO RESOLUTION #2013 -23 Accurate Radar Specialties Ace Hardware Advanced Sportswear Amano McGann, Inc. Ann Bean Mansion Aramark Uniform Services, Inc Aspen Mills AT &T BCA/CJTE Campion, Barrow & Associates Cardinal Tracking, Inc. Carquest Auto Parts Carte Graph Systems, Inc. CDW Government, Inc. Century Link Century Power Equipment City of St. Paul Cole Papers Comcast Cox Ford Motor Sales Da lco Daves Sport Shop Egger Alison Erenberg Sarah First State Tire Recycling FleetPride Force America Frontier Ag & Turf Gopher Bearing Gopher State One Call, Inc. Grainger Grass Roots Hockey Greater Stillwater Chamber of Commerce Herc -U -Lift Hoisington Daniel Ice Skating Institute James P McAfee Jefferson Fire & Safety, Inc. Jimmys Johnnys, Inc. Junker Brad Lakeview Hospital League of MN Cities Little Falls Machine Inc. Loffler Companies, Inc. Radar repair and parts Supplies Fire logos on shirts provided Charge Reconfiguration 4th qtr lodging tax overpayment refund Mats and uniforms Uniforms and supplies Phone Training Brain Bruchu B Brucho tested Envelopes Parts and supplies Software Maintenance Printer and monitor Phone Switch housing Training Janitorial supplies Phone service Repair Cleancheck urinal screens Pucks Reimburse for parking mileage tax cls Reimburse for parking mileage tax cis Tire recycling Repair & parts Cap and plug Parts Supplies Tickets Supplies Reimburse warming house key deposit Community symposium sponsorship Repair Field survey results Show/exhibition 3/4 and 1 impact Wrench Tru spec pants Toilet rental Reimburse for sandwiches -Anmal Cont mtg Legal blood draws Claim # H00704718 Al Parts Network support, maint contrct, labor 1,427.64 282.33 70.54 1,068.75 20.00 1,209.27 348.00 44.70 380.00 390.00 405.18 342.96 10,111.00 449.64 373.01 14.78 350.00 559.79 728.89 226.93 661.40 100.00 26.77 28.26 125.10 65.51 42.10 145.65 87.70 81.60 342.62 500.00 3,500.00 2,368.98 4,000.00 25.00 1,874.59 38.95 46.34 42.31 50.00 2,120.76 71.05 3,744.11 EXHIBIT "A" TO RESOLUTION #2013 -23 MacQueen Equipment Inc. Max Todo Marine Services Menards Metropolitan Council MN Chiefs of Police Assoc. MN Occupational Health MN Pollution Control Agency Mondor LTEE /LTD Motorola Solutions, Inc. Municipal Code Corp. NAPA Auto Parts National Reprographics,LLC Northland Graphics Office Depot Peterson Salt and Water Treatment Public Agency Training Council R &R Specialties, Inc. Regents of the U of M Ricoh USA, Inc. Riedel! Shoes, Inc. 5 &T Office Products, Inc. SAHAUIOB Service on a Shoestring Karen Richtman dba Stillwater and Oak Park Heights CVB Stillwater Towing Summit Fire Protection Sun Newspapers SW /WC Service Cooperatives Tessman Seed Co. - St. Paul Thomson Reuters Titan Machinery Toll Gas and Welding Supply Total Mechanical Serv, Inc. Trans Union LLC Tri -State Pump and Controls, Inc. Truck Utilities, Inc. Turnblad Bill United Refrigeration, Inc. Upper Midwest Community UPS Veriton Wireless Washington County Chiefs of Police Associatio Waste Management Savage Wiegand Sheila Wold Architects and Engineers Wulfing David Yocum oil Company Woodruff key mod and other parts Dumpster for railroad ties and rubber ma Supplies Waste water services Permits to acquire a handgun Drug testing Voluntary investigation clean up Jackets xts2500 batteries payment per state cant Supplement Pages Parts and supplies 2012 Plan Scanning Rubber stamps Office supplies Power thaw Seminar -Chris Cratne and Brian Brucho Swivel runner adj power edge 2012 Soil test report Copier lease Skates Office supplies Refund for Showdown Tourney Services 6/1/2012 - 12/31/2012 Lodging tax Towing Annual fire sprinkler inspection Publications Cobra & Retiree Health Insurance Ice melt Info charges Parts and supplies Cylinder Install heaters at Lily Lake Info charges Nelson Street Lift Station Inspection Brine Tank Reimburse -City planner posting APA web Time delay relay kit Training - Nathan Meredith Shipping Internet 2013 Membership 2012 Garbage Certification - final pmt Reimburse for coffee and donuts Police expansion study Boarding Fuel Page 2 482.43 590.00 627.66 123,535.64 64.02 471.40 62.50 311.11 530.00 814.82 870.35 623.77 117.14 352.89 495.80 550.00 33.61 51.00 315.88 192.65 228.83 750.00 10,596.00 32,024.03 125.00 285.00 340.38 59,622.49 467.58 98.06 779.69 31.53 9,972.00 5.00 3,900.00 2,382.24 175.00 112.38 250.00 10.18 468.40 50.00 16,663.03 37.54 1,271.99 90.00 11,660.81 EXHIBIT "A" TO RESOLUTION #2013 -23 Young Dan Zee Medical Service LIBRARY Brodart Co Card Source East Suburban Resources, Inc. Grainger Master Mechanical, Inc. Midwest Tape Petrie Angela Quill Corporation Sun Newspapers Toshiba Business Solutions, USA CREDIT CARDS Torn Ball's Shorty Cleaner Lowes Stu Glaser ICMA Internet Library CC Amazon.com Brodart Lowes Kowalskis Market Office max Spokane Hardware Sustainable supply Reimburse for fitness specialist worksho Medical supplies Library materials Borrowers cards Shredding Building repair HVAC Repairs AV materials Childrens library equipment Supplies Want ad Maintenance contract Laundry service Tools Seminar Library materials Small equipment Tools Gallery opening Supplies Buildind Supplies Buildind Supplies Page 3 695.00 117.82 2,845.12 1,520.18 32.25 233.60 486.00 575.82 264.65 62.49 54.00 25.85 12.47 389.53 249.00 288.16 236.34 389.53 75.19 31.33 42.45 63.69 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: February 15, 2013 Re: Cooperative Agreement between the City of Stillwater and the Browns Creek Watershed District DISCUSSION Attached is a Cooperative Agreement between the City of Stillwater and the Browns Creek Watershed District (BCWD) for the iron enhanced sand filter project the BCWD is proposing in the western part of the City. This project is proposed to take place on City owned property in the Settler GIenn 5th addition and would reduce the amount phosphorous in the west tributary of Browns Creek. This tributary eventually flows into Lake McKusick and would aid in the reduction of phosphorous in the lake. Construction of the project would take place this summer. RECOMMENDATION Staff has reviewed the agreement and is recommending approval. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the COOPERATIVE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE SETTLER'S GLEN IRON -SAND FILTRATION PROJECT COOPERATIVE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE SETTLER'S GLEN IRON -SAND FILTRATION PROJECT THIS AGREEMENT is made by and between the City of Stillwater (City), a Minnesota charter city and body corporate and politic, and the Brown's Creek Watershed District (BCWD), a watershed district with purposes and powers set forth in Minnesota Statutes chapters 10313 and 103D (together, the Parties). RECITALS WHEREAS BCWD has authority under chapters 103B and 103D to design and implement programs and projects to improve water quality and protect water resources within the Brown's Creek watershed; WHEREAS BCWD has an approved water - resources management plan pursuant to Minnesota Statutes chapter 103B, and in fulfillment of a goal of the plan, BCWD has completed a management plan for McKusick Lake in collaboration with the City of Stillwater and the Middle St. Croix Watershed Management Organization that calls for the removal of 148 pounds of phosphorous each year from the portion of the Brown's Creek watershed tributary to McKusick Lake; WHEREAS on April 9, 2012, the BCWD Board of Managers ordered, in accordance with Minnesota Statutes section 103B.251, the construction of an iron - enhanced sand filter on an outlot dedicated to City on the plat for the Settler's Glen addition (the Outlot) and three properties owned by private parties (the Private Properties) to reduce phosphorus in McKusick Lake (the Project). The preliminary site plan for the Project is attached to and incorporated into this agreement as Exhibit A; WHEREAS City supports the implementation of the McKusick Lake management plan and wishes to facilitate BCWD's construction, operation and maintenance of the Project; WHEREAS City holds an easement for a trail on two of the Private Properties (the Trail Easement, attached to and incorporated into this agreement as Exhibit B) and maintains an unpaved trail thereon (the Trail), and City holds a drainage and utility easement over each of the Private Properties (the Drainage Easement, as shown in the plat attached to and incorporated into this agreement as Exhibit C) (together, the Easements) and the portions of the Project to be constructed on the Private Properties are entirely within the Drainage Easement, as shown in Exhibit A; WHEREAS City has constructed and presently maintains stormwater- management ponds on the Outlot and Drainage Easement, as shown in Exhibit A (the Facilities); and WHEREAS City and BCWD acknowledge that BCWD's ability to achieve Project objectives depends on the Parties' continued cooperation. City of Stillwater - 1 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project NOW, THEREFORE, IT IS AGREED by and between City and BCWD that they enter into this Cooperative Agreement to document their understanding as to the scope of the Project, affirm their commitments as to responsibility for tasks to be undertaken, grant and assign the property rights necessary, establish procedures for performing these tasks and fulfilling responsibilities, and facilitate communication and cooperation to ensure successful completion of the Project to improve water quality in McKusick Lake. AGREEMENT 1. CITY'S RIGHTS AND COMMITMENTS AND GRANT AND ASSIGNMENT OF RIGHTS FOR ACCESS, CONSTRUCTION AND MAINTENANCE A. City has the right to review and comment on the 90 percent - complete plans and specifications for the Project provided in accordance with paragraph 2A of this agreement and, within 30 days of receipt of the plans and specifications from BCWD, provide comments. B. BCWD's construction of the Project will entail excavation, grading and filling; alteration of topography, vegetation, hydrology and stormwater treatment systems; construction of an upstream harvesting basin and pump lift station with associated intake unit; integration of an iron -sand filtration system into the Facilities; installation of an under -drain treated - discharge outlet; and trenching for installation of conduit under the Trail. After completion of construction, maintenance of the Project will entail assessment of the effectiveness and maintenance of the Project, and may involve reconstruction of the Project to restore its effectiveness. For these purposes, the City hereby: i. grants to BCWD, its contractors, agents and assigns an easement to access and use the access, construction and maintenance areas of the Outlot, as delineated on Exhibit A; ii. authorizes the BCWD, its contractors, agents and assignees to utilize City's rights under the Easements to access and use the access, construction and maintenance areas of the Easements, as delineated on Exhibit A. City's authorization hereunder is nonexclusive, except that BCWD, on reasonable notice to City, may temporarily restrict or preclude public access to the Trail Easement in the access, construction and maintenance areas to ensure safety while construction or maintenance activities are under way. C. City will forbear from any activity that interferes with the BCWD's ability to exercise its rights or meet its obligations under this agreement, including but not limited to City transfer of ownership of the Outlot or vacation of the Easements. City will facilitate BCWD's reasonable exercise of its rights under this agreement with regard to access to and use of the Outlot and Easements. City will not take any action within the Outlot and Easements areas that could reasonably be expected to diminish the effectiveness or function of the Project for the purposes intended, and after notice of completion of construction of the Project from BCWD, City will maintain the Trail in a manner that City of Stillwater - 2 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project avoids altering flow through the conduits constructed under the Trail as part of the Project. D. City, as owner of the Outlot and Easements, will cooperate with BCWD's and its contractor's efforts to obtain permits and approvals needed for the Project and will serve as a co- applicant for permits and approvals. City, in its regulatory capacity, will facilitate the proper and efficient processing of any permits and approvals needed for the Project. E. On completion of construction of the Project, City will retain ownership of the improved Facilities and will maintain the Facilities in coordination with BCWD's maintenance of the Project as provided in paragraph 2.C.iv of this agreement. F. City will cooperate with BCWD in all communications and outreach to property owners affected by the Project. 2. BCWD's RIGHTS AND COMMITMENTS A. BCWD, at its sole expense, will prepare plans and specifications for the Project and submit the 90 percent - complete plans and specifications to City for review in accordance with paragraph lA of this agreement. BCWD will ensure that plans and specifications and the Project, when constructed, are compatible with the Easements and this agreement. B. As between the Parties, BCWD will obtain all necessary permits, licenses and approvals, including approval of a wetland replacement plan as necessary, and will ensure that the Project is completed in accordance with applicable law and regulatory standards and criteria. C. BCWD will implement the Project as follows: i. BCWD will prepare or have prepared on its behalf construction documents and will ensure that such documents provide for the restoration of the Outlot and Easements in accordance with the Easements and this agreement; ii. BCWD will contract, in accordance with applicable law, for the construction of the Project. BCWD will require that the contractor for the Project name City as an additional insured for general liability and provide a certificate showing same prior to construction; iii. BCWD, or the BCWD engineer on BCWD's behalf, will oversee the construction of the Project. BCWD may adjust the plans and specifications for the Project during construction, as long as the revised plans do not require BCWD to exceed the scope of the rights granted under this agreement; iv. On completion of construction of the Project, BCWD will restore the access, construction and maintenances areas of the Outlot and Easements to a safe and functional condition, consistent with the Easements. In addition, on completion of construction of the Project and during the effective period of this agreement, City of Stillwater - 3 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project BCWD will operate and maintain the Project, contingent on City's facilitating reasonable access for such purposes as provided herein and in coordination with City's maintenance of the Facilities. On termination of this agreement, BCWD will ensure that the Project site is restored to a condition consistent with the use of the Outlot and Easements. D. Until completion of construction, if BCWD, in its judgment, should decide that the Project is infeasible, BCWD, at its option, may declare the agreement rescinded and annulled. If BCWD so declares, all obligations herein, performed or not, will be voided; BCWD will return the Outlot and Easements materially to their prior condition or to a condition agreed on by City and BCWD. 3. COSTS. BCWD will be responsible for all costs of design and construction of the Project and the costs of the production of publicity, education and outreach materials related to the Project. BCWD will be responsible for the costs and fees associated with complying with regulatory requirements applicable to the Project, including the costs of any wetland replacement required by law, except that City will assess no fee to BCWD for City permits required for the Project, if any. BCWD will be responsible for the costs of maintenance — and, if necessary, reconstruction in whole or part — of the Project. City is and will remain responsible for the cost of maintenance of the Facilities during the term of and after termination of this agreement. Each of the Parties will bear its own administrative costs of fulfilling its responsibilities and obligations under this agreement. 4. PUBLICITY AND ENDORSEMENT. BCWD and City will collaborate on the development of educational and informational signage pertinent to the Project, and BCWD, at its cost, may develop, produce and distribute educational, outreach and publicity materials related to the Project, and may install, maintain, replace or remove signage on the Outlot related to the Project. All such signage and materials, whether produced by BCWD or City, will include acknowledgement of the Clean Water Legacy funding provided for the Project in accordance with Laws of Minnesota 2009, Chapter 172, Article 5, Section 10. For purposes of this paragraph, "publicity" includes notices, informational printed materials, press releases, research reports, signs and other public notices prepared by or on behalf of BCWD. 5. INDEPENDENT RELATIONSHIP; LIABILITY. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59. Each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party and the results thereof. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. As between the Parties, only contract remedies are available for a breach of this agreement. City and BCWD enter this agreement solely for the purposes of construction and maintenance of the Project to improve water quality in Brown's Creek and McKusick Lake. BCWD does not have, has not had, and will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in or to any portion of the Outlot or Easements. BCWD does not exercise, has not exercised, and will not by entry into or performance under this agreement be deemed to have exercised, any form of control over the use, operation or City of Stillwater - 4 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project management of any portion of the Outlot or Easements or property adjacent to the Project prior to the commencement of construction of the Project, so as to have rendered BCWD a potentially responsible party for any contamination under state or federal law, 7. TERM AND TERMINATION. This agreement becomes effective when fully executed. The agreement will remain in force for 10 years, and will renew automatically for an additional five - year term and renew again every five years on the anniversary of the first renewal unless terminated by mutual agreement of the Parties or otherwise in accordance with the terms of this agreement. Any responsibility or obligation that has come into being before expiration, specifically including obligations under sections 3 and 5 above, will survive expiration. 8. COMPLETE AGREEMENT. This agreement, as it may be amended in writing, constitutes the entire agreement between the Parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement or their successors in office. 9. NOTICE; COORDINATION. The Parties designate the following authorized representatives, each to serve as the liaison to the other party for purposes of coordinating inspection, construction oversight and maintenance of the Project as provided in this agreement. Any written communication required under this agreement will be addressed to the other party as follows, except that either party may change its address for notice by so notifying the other party in writing: To City: Director Public WorksfEngineering City of Stillwater Stillwater MN 55155 -4025 To BCWD: Administrator Brown's Creek Watershed District 1380 West Frontage Road, Hwy 36 Stillwater, MN 55082 10. WAIVERS. The waiver by City or BCWD of any breach or failure to comply with any provision of this agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be legally bound. BROWN'S CREEK WATERSHED DISTRICT, a political subdivision of the State of Minnesota By Craig Leiser Its President Dated; City of Stillwater - 5 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project CITY OF STILLWATER, a home rule charter city By Ken Harycki Its Mayor Dated: City of Stillwater - APPROVED AS TO FORM AND EXECUTION BCWD Counsel APPROVED AS TO FORM AND EXECUTION City Attorney 6 February 4, 2013 Brown's Creek Watershed District Settler's Glen Iron -Sand Filter Project • on k` =,2 : 1—\ k BROWN'S CREEK • • EXISTING STORMWATER FACILITIES ![ )� §± 0 to, -1 0- \� , • r MIRED DinAMPERRI ND WA MON COUNTY, MIIZOZ MOLLY F) O'ROURKE, AUD R-TREASUREEt a� ti DEPUTY , 3480408 Moo of be County itaamdet Wien] ' , Amy, MH CartlAad filed indict motel am: 2004111/19 2:84:04 PM 3480408 Pity les Oisoltr iirscac, DECLARATION FOR CREATION AND MAINTENANCE., OF TRAIL EASEMENT TEWART TITLE -JW iof 7p7 This Declaration for Creation and Maintenance of Trail Easement (sometimes hereinafter referred to as "Declaration") is made effective this IV day of NO , 2004, between U.S. Home Corporation, a Delaware corporation (hereinafter referred to as 'U.S. Home "), and the City of Stillwater, a Minnesota municipal corporation (hereinafter referred to as "City"). WHEREAS, U.S. Home is the owner of certain real property located in Washington County, Minnesota, legally described on Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Burdened Property"); and WHEREAS, U.S. Horne and City desire, as of this date, to create the trail easement as hereinafter set forth NOW, THEREFORE, the undersigned, U.S. Home Corporation, a Delaware corporation, hereby declares that the Burdened Property shall be held, sold and conveyed subject to the following easements, covenants, conditions, agreements and restrictions which are for the purpose of providing and maintaining certain trail facilities upon the Burdened Property for the benefit of the Benefited Parties. The easement which is hereby created shall run with the land, shall be binding upon and run with the land affected, and shall be binding upon all parties having any right, title or interest in the Burdened Property so described, or any part thereof, their firs, successors and assigns. DEFINITIONS 1. Burdened Owner, One or more persons or entities holding a fee simple interest in the Burdened Property described on Exhibit A. As of the date of this Declaration, U.S. Home Corporation, a Delaware corporation, is the owner of the Burdened Property. 2. Beue$ted Parties. The city and members of the public at large. 3. 1 ail Easement The real property legally described on Exhibit B and graphically depicted on Exhibit C, both attached hereto and incorporated herein. 4. Trail Eassemcnt. The right to construct, reconstruct, maintain and repair the trail facilities over and across the Trail Easement Area for the purposes of pedestrian traffic, s ecp ificalty excluding motor vehicle traffic and/or parking, except as granted below. COVENANTS FOR CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND REPAIR 1. Construction by U.S, Home U.S. Horne agrees to construct the trail facilities as necessary to utilize the Trail Easement and as are required by City upon the Trail Easement Area. 2. Construction and Repair by City. Subject to the initial construction of trail facilities within the Trail Easement Area by U.S. Home, the city shall be responsible for the construction, reconstruction, maintenance and repair of the trail facilities located within the Trail Easement Area. In furtherance thereof and notwithstanding anything contained herein to the contrary, the Ci , its employees and/or a:ents shall have the right to enter into the Trail Easement Area with mo on ve isles. EASEMENT 1. Trail Easement. The Burdened Property shall be subject to and burdened by the right of Benefited Parties to pass over and utilize the trail facilities as may be established by U.S. Home upon the Trail Easement Area. No motor vehicle traffic and/or parking rights are hereby granted, except to the extent necessary to comply with the Construction and Repair covenants above. 2. Interference with Easement. No obstruction which would prevent, restrict or otherwise inhibit the passage of pedestrians or maintenance equipment over any portion of the Trail Easement Area shall be erected, condoned or permitted to endure by the Burdened Owner, nor shall any other conduct, passive or affirmative, be permitted which would in any manner restrict the easement rights granted pursuant hereto. MISCELLANEOUS I. Restrictions The Burdened Owner, its successors or assigns, shall not grant any easement for the purpose set forth in this Declaration for the benefit of any other real property or other person or entity upon the Trail Easement Area. 2. Effect. The easements, covenants, conditions, restrictions and other provisions herein contained shall be perpetually binding and enforceable upon the Burdened Property herein described, its respective owners, heirs, successors and assigns forever and shall attach to and run with the land. 3. Severability. Invalidation of any one or more of the provisions herein contained shall not in any way affect the validity of the others, which shall remain in full force and effect. -2- IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed as of the date and year fast above written. U.S. HOME CORPORATION, a Delaware corporation CFI'Y OF STILLWATER, a Minnesota municipal corporation By. ki Its: we Press ent Its: STATE OF MINNESOTA ) ) ss: COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this , J rday of (VDvend2er , 2004, by John J. Liberacla, Vice President of U.S. Home Corporation a corporation under the laws of Delaware, on behalf of the corporation. TMY PLN2.1C - hiMICESaTA C011 4Aerpa'ee,. "-0° Notary Public w • .mow. +N/�/NI� STATE OF MINNESOTA ) wAst(iNfn'!i ) sa: COUNTY OF i ) The fore was acknowledged before me this ) J ' day of , 2004, by � the �J of the City of Still � , a wnicipal corporation under the laws of esota, on behalf of the corporation. THIS DOCUMENT WAS DRAFTED BY: Brett A. Perry, Esq. Messerli & Kramer P.A. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 672 -3600 -3- "dhavr) deadit&V779OILLI Notary Public N .. SU .N L OTREN•HOOREI MARY NUM ' ' ' to -area avvvvvvvvire EXHIBIT A Burdened Property Legal Description Lots 1 through 2, inclusive, Block 1; All in Settlers Glen 5th Addition, Washington County, Minnesota. A -1 EXHIBIT 8 Trail Easement Area Legal Description An easement for trail purposes over under and across the following described property. Lots 1 and 2, Block 1, Settlers Glen 5th Addition, according to the recorded plat thereof, Washington County, Minnesota. Said easement lies northwesterly of the following described line: Beginning on a point on the west line of said Lot 1 distant 5 feet south of the northwest comer thereof; thence northeasterly to a point on the east line of said Lot 1 distant 26 feet south of the northeast comer of said Lot 1; thence northeasterly to a point on the northerly line of said Lot 2 distant 36 feet northeasterly of said northeast corner of said Lot 1 and said tine there terminating,. B -1 EXHIBIT C Trail Easement Area Graphic Depiction � ^� .,. -� � - � {F P �� MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders,'Director of Public Works DATE: February 13, 2013 RE: Purchase of Engineering Vehicle DISCUSSION This is a request to purchase a new vehicle to replace the 1997 Jeep Sport. The chassis on this vehicle is badly rusted with not too much service life left. Staff looked at replacing a similar style vehicle as the Jeep, but noticed that the Jeep units are now smaller in size and upsizing to larger size Jeep would not fit our budget .We then looked at basic pickup trucks from Ford, Chevy and GMC from the State's Cooperative Purchasing Venture and found that either a GMC Sierra or Ford F -150 would fit our need at a reasonable price. Along with the purchase of the pickup, a topper and bed slide will be needed for storage of material and equipment. Funds for the purchase of this vehicle would be from the Engineering Capital Outlay. RECOMMENDATION Staff recommends purchasing a new Ford F -150 4 X 2 Pickup from Midway Ford in the amount of $19,559.55 which includes tax and licensing and the purchase of a topper and bed slide in the amount of $2,475.44 from Toppers and More. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the purchase of a new Engineering vehicle from Midway Ford in the amount of $19,559.55 and the purchase of a topper and bed slide in the amount of 2,475.44 from Toppers and More. tktli 4v.sri,..silli ) , ''' MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: February 13, 2013 RE: Architectural Services for Lowell Park Bathrooms DISCUSSION This past month staff solicited RFP's from architects to develop architecture drawings for the South Lowell Park Bathroom Reconstruction Project. This project would reconstruct the existing 40 year old bathroom structure from its current size of 400 square feet to approximately 700 square feet and would increase the total number of stalls from four to eight. The RFP's submitted were from SALA Architects, HAF Group, and Larson Architects. Members from City Staff reviewed the three proposals and felt that the Larson Architects previous experience with bathroom building design set above the rest. Their fee not to exceed $16,000 was considerably less than the other two, along with their hourly rate of $100/ hour for meetings. It is anticipated that the plans would be completed in May, construction would begin after July Fourth and be completed by fall. Funds for this would be from the Lowell Park Improvement Project. RECOMMENDATION Staff recommends approving Larson Architects for the architectural services on the South Lowell Park Bathroom Reconstruction Project in the amount of $16,000. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving Larson Architects to develop the architectural plans for the South Lowell Park Bathroom Reconstruction in the amount of $16,000. RESOLUTION 2013 -024 ACCEPTING PROPOSAL FROM LARSON ARCHITECTS FOR ARCHITECTURAL SERVICES FOR LOWELL PARK BATHROOM PROJECT NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA hereby approves the proposal of Larson Architects for the architectural services related to the South Lowell Park Bathroom Project at a cost of $16,000 and authorizes the Public Works Director to sign the proposal for the services. Adopted by the City Council this 19th day of Febniary, 2013. Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk RESOLUTION 2013 -026 APPROVAL OF 2012 -2014 LABOR CONTRACT BETWEEN THE CITY OF STILLWATER AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES MINNESOTA COUNCIL NO. 5, LOCAL 517, AFL -CIO BE IT RESOLVED, by the City Council of Stillwater, MN that the 2012 -2014 Labor Contract between the City of Stillwater and the American Federation of State, County and Municipal Employees Minnesota Council No. 5, Local 517, AFL -CIO, is hereby approved and authorizes the Mayor and City Administrator to sign the agreement. Adopted by the City Council of the City of Stillwater this 19th day of February, 2013. Ken Harycki, Mayor ATTEST: Larry Hansen, City Administrator liwater T H E B I R T H P L A C E O F MINNESOTA City Council DATE: February 5, 2013 CASE NO.: 2013 -06 REQUEST: Consider a revision to Chapter 34 related to building demolitions CC PUBLIC HEARING DATE: February 19, 2013 REVIEWED BY: Community Development Director, City Attorney, City Administrator PREPARED BY: Michel Pogge, City Planne BACKGROUND With the recent demolition cases related to St. Paul Lutheran Church, it became clear that the City should consider an amendment to the recently adopted demolition ordinance. Specifically, the code allows the City 180 days after the HPC denies a demolition permit to complete a local designation study. If it is not completed in that time, then the demolition permit is automatically approved. At issue is the time required to complete both the study and the actual local designation process. The process outlined in the Stillwater City Code is based on the process recommended by the US Department of Interior and the Minnesota State Historic Preservation Office. By code, all local designation studies are required to be authorized by the City Council before they are started. This takes a minimum of 15 days between when the HPC meets and when it can be placed on the next Council agenda. Only then can the study be initiated. After the study is completed a series of public hearings and meetings are required to be held by the HPC, Planning Commission, and City Council on the proposed designation. This takes a minimum of 4 to 5 months, leaving very little time to complete a designation report. The result is that many preservation consultants simply don't have the resources to complete a study on such a short basis, and the firms that do are expensive. To fix this issue, the HPC and City Staff recommend that the current 180 day time limit be extended to 270 days. This should afford the City sufficient time to complete a designation study and have it done with a reasonable budget. The attached ordinance makes this change. Revision to Chapter 34 related to building demolitions Page 2 ALTERNATIVES The City Council has several alternatives related to this request: A. Approval. If the Council finds the proposed ordinance amendment acceptable then the City Council should approve the amendment as presented. B. Deny. If the Council finds that the proposal is not advisable, then the City Council should deny the proposed ordinance amendment. C. Table. If the Council wishes to have additional time to review the ordinance, the Commission should table action to the March 5, 2013 meeting. HERITAGE PRESERVATION COMMISSION RECOMMENDATION The Heritage Preservation Commission reviewed the proposed ordinance amendment at their February 4th meeting. The HPC unanimously recommended City Council approval of the attached ordinance. STAFF RECOMMENDATION Alternative A attachment: Current Demolition Ordinance showing the proposed change Draft Ordinance r. ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 34, ENTITLED BUILDING DEMOLITION THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending. City Code Chapter 34, Section 4 Procedures, Subdivision 2, (b)(iii)1 is replaced with the following: (1) Failure to designate property. If the city council does not approve the preparation of the designation study within 30 days of the commission determination, or if the completed designation study is not approved within 448 270 days of the commission determination, or if the city council denies implementation of the designation after completion of the designation study, then the building official shall issue the demolition permit. 2. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of , 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Chapter 34 BUILDING DEMOLITION* Sec. 34 -1. Purpose of chapter. Sec. 34 -2. Definitions. Sec. 34 -3. Permit required. Sec. 34 -4. Procedure. Sec. 34 -5. Emergency demolition. Sec. 34 -6. Fee. Sec. 34 -7. Injunction. Sec. 34 -8. Violation of chapter. *Editor's note —Ord. No. 1047, § 1, adopted June 15, 2012, amended chapter 34 in its entirety to read as herein set out. Former chapter 34, §§ 1 -8, pertained to similar material, and derived from Ord. No. 814, adopted December 5, 1995. Cross references — Zoning, ch. 31; building code, ch. 33. State law reference — Demolition of buildings on tax - forfeited lands, Minn. Stat. § 282.04. Supp. No. 43 CD34:1 BUILDING DEMOLITION § 34 -2 Sec. 34 -1. Purpose of chapter. This chapter is adopted for the purpose of protecting the historic and aesthetic qualities of the city by preserving, rehabilitating or restoring, when reasonable, buildings or structures which constitute or reflect distinctive features of the architectural or historical resources of the city, thereby promoting the public welfare and preserv- ing the cultural heritage of the city. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Building or structure of potential historic sig- nificance means a building or structure or portion of a building or structure built on or prior to December 31, 1945. Commission means the heritage preservation commission. Community development director means the Stillwater Community Development Director or his or her designee. Demolition means one of the following: (1) Razing a building. (2) Removal of 50 percent or more of the total facade. (3) Removal of more than 20 percent of the exterior front facade of a structure includ- ing the front facing roof. The amount of front facade that is required to be re- moved for a front porch shall not be counted toward the 20 percent. (4) Demolition by neglect. A demolition shall not mean any of the follow- ing: (1) A structure required to be demolished in accordance with Minn. Stat. ch. 463. (2) Destruction by fire that has been deter- mined to be a total loss by the community development director. However, a fire that is caused by arson and was proven to be started by an act of the owner or the owner's agent shall be considered a demo- lition. (3) Destruction by a natural disaster or other similar event and which has been deter- mined to be a total loss by the community development director. (4) Items that are considered maintenance in the opinion of the community develop- ment director. (5) Items that are considered maintenance in the opinion of the community develop- ment director. Historic resource means any building or struc- ture that is not currently designated as a heritage preservation site, but which is worthy of such designation because of its historical, cultural, architectural, archaeological or engineering sig- nificance for one of the following reasons: (1) The property is associated with signifi- cant events or with periods that exemplify broad patterns of cultural, political, eco- nomic or social history. (2) The property is associated with the lives of significant persons or groups. (3) The property contains or is associated with distinctive elements of city or neigh- borhood identity. (4) The property embodies the distinctive char- acteristics of an architectural or engineer- ing type or style, or method of construc- tion. (5) The property exemplifies a landscape de- sign or development pattern distinguished by innovation, rarity, uniqueness or qual- ity of design or detail. (6) The property exemplifies works of master builders, engineers, designers, artists, craftsmen or architects. (7) The property has yielded, or may be likely to yield, information important in prehis- tory or history. Historically significant building or structure means any building or structure or portion of a building or structure on the National Historic Supp. No. 43 CD34:3 34 -2 STILLWATER CODE Register, a designated local heritage preservation site or a contributing structure or building in a designated national register historic district. Nonhistoric structure or building means a struc- ture or building built on or after January 1, 1946, or is not on the National Historic Register, or is not a designated local heritage preservation site, or is a noncontributing structure or building in a designated national register historic district. (Ord. No. 1047, § 1, 6 -5 -12) Cross reference — Definitions generally, § 21 -2 Sec. 34 -3. Permit required. No building or structure may be demolished without obtaining a demolition permit. An appli- cation for a demolition permit must be filed with the city building official. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -4. Procedure. The building official must forward a copy of each demolition permit application to the commu- nity development director. Subd. 1. Community development director re- view. The community development director shall review the permit, conduct an on -site visit of the property with the applicant, make one of the following determinations, and take the associated action: (1) The building or structure is historically significant. If the building or structure is found to be historically significant, then the application will be sent to the commis- sion for review according to section 34 -4, subdivision 2. (2) The building or structure is a historic resource. If a building or structure is potentially historic due to being built on or prior to December 31, 1945, and it is determined to be a historic resource, then the application will be sent to the commis- sion for review according to section 34 -4, subdivision 2. (3) The building or structure is potentially historic but not historically significant or not a historic resource. If a building or structure is found to be potentially his- toric, but it is determined that it does not meet the definition of a historic resource, then the application for a demolition per- mit will be referred to the building official for issuance of a demolition permit. (4) The building or structure is nonhistoric. If a building or structure is nonhistoric, then the application for a demolition per- mit will be referred to the building official for issuance of a demolition permit. Subd. 2. Heritage preservation commission re- view. If the community development director de- termines that a building or structure is histori- cally significant or a historic resource, then the commission must review the demolition request to determine whether a demolition permit may be issued. Supp. No. 43 CD34:4 (1) Required demolition permit application materials. An application form and 15 copies for commission review must be submitted to the city in order to place the demolition request on a commission agenda for consideration. The demolition permit application must include the following information: (a) A map showing the location of the building or structure to be demol- ished on its property and with refer- ence to neighborhood properties; (b) A legal description of property and owner of record; (c) Photographs of all building eleva- tions; (d) A description of the building or struc- ture or portion of building or struc- ture to be demolished; (e) The reason for the proposed demoli- tion and data supporting the reason, including, where applicable, data suf- ficient to establish any economic jus- tification for demolition to deter- mine why restoration or reuse is not economically feasible; (f) Proposed plans and schedule for re- use of the property on which the building or structure to be demol- ished is located. The heritage presen- BUILDING DEMOLITION tation commission may apply the standards set out in the neighbor- hood conservation design guidelines when appropriate; (g) Relation of demolition and future site use to the comprehensive plan and zoning requirements; and (h) A description of alternatives to the demolition. (2) Public hearing. The commission must hold a public hearing according to section 31- 204, subdivision 3 of this Code. Addition- ally, 12 days prior to the public hearing, the applicant shall cause a sign to be installed at the street frontage of the property stating a notification message as prescribed by city staff that is intended to notify the public of the proposed demoli- tion. The commission will conduct the public hearing, review the demolition re- quest, and decide upon one of the follow- ing courses of action: (a) For a historically significant build- ing or structure: (i) No feasible alternative to demo- lition. If the commission deter- mines that the owner has made a reasonable effort to sell or preserve the structure and af- ter finding that there is no avail- able feasible alternative to de- molition, then the commission shall notify the building official that a demolition permit may be issued, as provided in sub- section (3) below. (ii) Feasible alternative to demoli- tion. If the commission deter- mines that there is a feasible alternative to demolition, the permit must be denied. (b) For a historic resource: (i) Negative finding. If the commis- sion finds that the property is not a historic resource, then the commission shall notify the building official that a demoli- § 34 -4 tion permit may be issued, as provided in subsection (3) be- low. (ii) Positive finding with no feasi- ble alternative to demolition. If the commission finds that the property is historically signifi- cant or a historic resource, but that there is no feasible alter- native to demolition, then the commission shall notify the building official that a demoli- tion permit shall be issued, as provided in subsection (3) be- low. (iii) Positive finding with feasible alternative to demolition. If the commission finds that the prop- erty is historically significant or a historic resource, and that there is a feasible alternative to demolition, then the commis- sion shall deny the demolition permit and direct the commu- nity development director to pre- pare a designation study of the property, as provided in section 22 -7, subdivision 4 [Procedures for the designation of heritage preservation sites]. 1. Failure to designate prop- erty. If the city council does not approve the prepara- tion of the designation study within 30 days of the commission determi- nation, or if the completed desi nation study is not approved wit 1 days of the commission deter- mination, or if the city council denies implemen- tation of the designation after completion of the des- ignation study, then the building official shall is- sue the demolition per- mit. Change to "270" Supp. No. 43 CD34:5 34 -4 STILLWATER CODE (3) Commission findings and conditions. While reviewing the demolition permit request, the commission shall consider the follow- ing findings and conditions: (a) Destruction of a building or struc- ture. Before approving the demoli- tion of a building, the commission shall make findings that the demoli- tion is necessary to correct an unsafe or dangerous condition on the prop- erty, or that there are no reasonable alternatives to the demolition. In determining whether reasonable al- ternatives exist, the commission shall consider, but not be limited to, the significance of the property, the in- tegrity of the property and the eco- nomic value or usefulness of the ex- isting structure, including its current use, costs of renovation and feasible alternative uses. The commission, with the approval of the city council, may delay a final decision for up to 180 days to allow parties interested in preserving the historic resource a reasonable opportunity to act to pro- tect it. (b) Mitigation plan. The commission may require a mitigation plan as a condi- tion of any approval for demolition of a building. Such plan may include the documentation of the property by measured drawings, photographic recording, historical research or other means appropriate to the signifi- cance of the property. (c) Demolition delay. With the approval of the city council, the commission may stay the release of the building, wrecking or demolition permit for up to 180 days as a condition of ap- proval for a demolition of a building that has been found to contribute to a potential historic district to allow parties interested in preserving the historic resource a reasonable oppor- tunity to act to protect it. The re- lease of the permit may be allowed for emergency exception as required in section 34 -5. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -5. Emergency demolition. If a historically significant building or struc- ture or historic resource poses an immediate threat to health or safety due to its deteriorated condition, the owner of the building or structure may request issuance of an emergency demolition permit. If both the community development direc- tor and building official find that the condition of the building or structure poses a serious and imminent threat to public health and safety and that there is no reasonable alternative to the immediate demolition, together the community development director and building official may issue an emergency demolition permit. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -6. Fee. For purpose of reimbursing the city for admin- istration of this chapter, the city will by resolu- tion, from time to time, set the amount of fees to be charged for processing all applications and appeals. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -7. Injunction. In addition to any other relief provided by this chapter, the city attorney may apply to a court of competent jurisdiction for an injunction to pro- hibit the continuation of any violation of this chapter. This application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction. (Ord. No. 1047, § 1, 6 -5 -12) Sec. 34 -8. Violation of chapter. Any person violating any provision of this chapter shall be guilty of a misdemeanor, and a separate offense shall be deemed committed on each day during on which a violation occurs or continues. (Ord. No. 1047, § 1, 6 -5 -12) Supp. No. 43 CD34:6 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: February 12, 2013 TO: Mayor & Council Members REGARDING: Event Survey Follow -Up MEETING DATE: February 19, 2013 FROM: Bill Turnblad, Community Development Director INTRODUCTION The City Council commissioned ReadEx Research to conduct a survey of Stillwater residents and businesses to sample the community's opinions on events. The two main objectives were: 1) To gauge whether Stillwater wants a community event to replace Lumberjack Days; and if so, what activities would be preferred; and 2) To determine the level of support for events in general. The survey has been completed and results have been presented to the Council. The City is now ready to take the next step. But, what should that next step be? OPTIONS There are a number of alternatives. Here are a few: 1) Do nothing except lift the moratorium on accepting Special Event Permit applications for a new community event. The result of this course of action would be to continue the status quo on individual events, and to accept whatever comes our way for a community event on a "first come, first served" basis. 2) Create a committee to formulate policy recommendations based on the event survey. a. Charge the committee with looking at the survey to make recommendations on events in general. For example, i. Should there be a limit on the number of special events? ii. Should there be a limit set on the number of route events that can occur in specific neighborhoods? iii. Should there be a limit on 7 iv. Should certain types of events be encouraged or given preference? Event survey follow -up Page 2 v. Etc. b. Charge the committee with looking at the survey to make recommendations on a new community event. For example, i. What age group(s), if any, should be the focus of the event? ii. From what geographic area should the event attempt to draw its visitors? iii. What types of activities should be encouraged? Should any be specifically prohibited? iv. Should there be any live music? If so, what types? v. Should the City choose, or at least approve, an organizer's proposed community event theme? vi. On which date, or dates, should the event occur? vii. Should the City share any revenue generated by the event; or should the organizer receive all revenues and be billed for any City services needed to support the event? 3) Continue the status quo as it applies to events in general. But, assemble a group of people and /or organizations that are experienced in community event organizing and charge them with creating an RFP for a replacement community event. It this course of action is chosen, the Council should consider giving the group direction on the list of items found in 2b. If a committee or an RFP group is established, goals and time lines for completing work should be very specific. REQUEST Discuss the options and initiate a course of action. bt T H E B I R T H P L A C E O F MINNESOTA TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director DATE: February 15, 2013 RE: Minnesota Ironman Bike Ride Background Hostelling International, USA hopes Stillwater and the St. Croix Valley will be the venue for their 47th annual charity cycling event in Minnesota. The Minnesota Ironman Bike Ride usually kicks off the cycling season here in the Midwest. This year the event will offer 4,000 to 6,000 participants of all different skill and experience levels rides of 14, 27 or 50 miles. The attached application materials include a route map that shows the various courses. All will begin and end at the Washington County Fairgrounds. Depending upon the length and difficulty the rider wants to attempt, the routes head toward Afton, the Gateway Trail or Scandia. The 27 mile Gateway Trail loop and the 50 mile Scandia loop make their way through Stillwater. The Scandia loop will take Stillwater Boulevard to Croixwood Boulevard to Northland Avenue, then head west on Myrtle to Manning Avenue. On the return from Scandia riders will enter the City on Stonebridge Trail and proceed on Myrtle, Greeley, Churchill, 6th Street, Orleans and then enter Oak Park Heights on Paris Avenue. The Gateway Trail loop only passes through Stillwater on its return to the fairgrounds. When the riders on this course come through the City they will follow the same route as the Scandia riders. Staff Comments This event is considered a "special event" since it uses a route that will require traffic control at key intersections. But, there will be no need for street sweeping, nor will Page 2 of 2 Fall Art Fair there need to be any no parking" signs posted along the course route. In addition, the organizers of The Ironman provide their own EMS service. Consequently, the level of service required from the City is limited and will not need a contract. Police personnel will be needed at a few intersections and Chief Gannaway will arrange for payment for this service. Action Requested City staff finds the proposed event to be acceptable and recommends approval with the condition that the organizers will work out with Chief Gannaway the details of paying for traffic control. bt attachment: application material THE BIRTHPLACE Of I INNE$OTA EVENTS PERMIT APPLICATION 216 North 4th Street, Stillwater, MN 55082 Telephone: 651 - 430 -8800 Fax: 651- 430 -8809 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. 1/2713 Date of Application: Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title /Name of Event A4 /AJN SSo 7 ! A/ ,/ //PE: Event Date /Time: Setup: Date 4/27/13 Time 9 :10 to 5.160 /47n Actual Event: Date 4/Z8//3 Time 64 D /WI to 66)O PM Clean up: Date 4/2S /'/3 Time 3 ;6)O ffl to 7.VD fiVi (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: 1 4s} 1 ,1&) &9i/t1 , r/'G/eUt4 OS (If in Lowell Park please specify north or south Lowell park) /2300 46 7771$_ , S77I / 7 Z1 ,/� �6�c i _` Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) 7 141iN®I/ X771 ,',e v,(n. 97d .64ee- i./.06-), /A /' 47 yam, /5 77/a- to.c. ,eii.'42AlC? 0/€64sv/ Pittr' 4/6/4 mac— Eve)7-AiJ 77/e- ,5 -&es, --//) AJA/656 _ /T' /5 ' 5/0,e/44 CZ'&r..16 6AJ k 1.Z4.-X7/m4J4 77/, Rl ez oc-F o, !y! /DGUt'S - /6() 71;v0 / W D6 r4 6,6V-r- ©? V'V/ 771 /OA Frooiv ties 1✓49 .0 o� 6 th rs 77 .s: ,ea' e y &c., rviiA✓ t fy C � ' If reocne> or 15 z. -P S0 //MO -3 &- / , A-e,t Lb1/52-S ac ,ei,o J 60 exi I4�c : Estimated Attendance (participants and spectators): 46 — 66,o0 / 4 ' eiMl -dr/3- Applicant Information (Person /Group Responsible) Sponsoring Organization Name: _57Ezz/06, /,v`�f[�".Jvc -- (JsA Mailing Address: 6z-z- 575,V 4-1/E, City, State, Zip Code: .57:- /L/ ry/Aj .373 4, Primary Contact /Applicant Name: '/4 _50L4.., 1 VA-Ai Phone Number: 6S/- 7,F9_ 6 cf, Fax: 63 ! —2,s—i_/496 Cell Phone: s-6 z,z33 _16Z,z, Email Address: 70m ,SoGZ.,/1/4i3 @, MO — .77_ C.46W Website Address: 1,4_4,0 14-1. be©l1.IA 0 A4vA /,ee, -0e- 4,4 Name of contact person during event: m (St✓Lt�( VAS Cell Phone: Z_23?- 46LZ. Alternate contact during event: P J.. W AT -564k) Cell Phone: €67 —249 — '?z-Y6 Refer media or citizens inquires to: /yITN A 6/,,A.,06-Y Phone: (:5--/ _ 4134_ 96, 26 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map high 'ghting route. Include rest stop stations, crossings, signage and indicate r ute direction with arrows. Q„urE , /ofipposo 7- qJm Event Features &vim() it ,Pure 5/6Als, // /o Will any signs /banners be put up No • Yes , Number and size: k• /00 _. /if 2.4 Yataed x Will there be any inflatables? No 21., Yes ■ Insurancecertijicatefromrentalvendorisrequired Fees for electricity may Will there be entertainment? No X Yes ■ What type: apply see Instructions Will sound amplification be used? No cg Yes IN Hours and Type: Will a stage or tent(s) be set up? No rgl Yes • Dimensions: Will there be temporary fencing? No 0 Yes ■ How many Fees for electricity may Will merchandise /food items be sold? No Ix Yes ■ vendors expected: apply see Instructions Will food be prepared on site? No J Yes ■ Contact Washington County Health Department, 651- 430 -6655 Will cooking operations be conducted? No g, Yes ■ Contact Stillwater Fire Department, 351 -4950 Will alcohol be served but not sold? No , , Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No Yes ■ See Alcohol Regulations in the Instructions Will there be a fireworks display? No g[ Yes • Permit required, contact Stillwater Fire Department, 651- 351 -4950 Describe power needs and location of power source. /DONE Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available tOos77�2s, � /e, A Jt)5 4 6r4 , MM1- z1N63/ �i2�s / V6 z � .... 565/9-71/,4&-s) City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right -of -way No ■ Yes' Start /End Time: 60= %10t.- 61a9Pfit Date: 4/2W/3 (tMt'1r,?_atvsidewaIksorTraiIs No ■ Yes 1g Start/End Time: 6- 36a .- s=a5!lDate: 412,8//3 Public Parking Lots or Spaces No $. Yes ■ Start/End Time: Date: Fees may apply Will event need barricade(s)? No X Yes ■ Number needed: see Instructions Fees may apply Will extra picnic tables be needed? No Yes • Number needed: see Instructions 1 %d TSTIf'S' l Fees may apply Will portable restrooms R� o • Yes gc Number needed: i i iS W/ see Instructions Fees may apply Will extra trash receptacles be needed? No g Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: 's we eeL -)04 . AsFinove e-e- 77-,1 A-3'2-37 t0/77i eag_ Vd - dAJ / & &>a 7796V& 4 J,V P C l S770f) 76'717)151 v7 ,CEOU1' / r 0 P1/4Y2/57&-4s _ Will event need traffic control? No ■ Yes g Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: WO— c/se Cock po%t r4....0 ,Sf -Rjrf' 7D ec»v ®L. //27,4 4, T Ji i7 S6-7:77J • ,4 4)f 777E /'g 7EF5 w zoe /71,4 -i/6 .6 .i /.,.` JOx.J eau /435 a,„77i ,.*& 7-446- /aue - I7t 'A ''77U7S , *VD Gu,..rN dociAi7 ' -5' , ,z5"7_ 7W ..g T R w /.3 Fees may apply see Instructions Will "No Parking Signs" be needed? No 12 Yes IN Number needed: Show location(s) on site map Will event need security? No Z Yes • if event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: AJ /4 Will event need EMS services? No X. Yes Contact Lakeview EMS, 651- 430 -4621 Describe plans to provide first aid, if needed: 106- f7Xcv /,p6 out occd,J Ver V1/416 )2 »1S 5eX,Vice.L. Describe the emergency action plan if severe weather should arise: — oe,44-. C Na $ 75 s5 x ...s }, -6 -? ,U&7 deveC S 4J6997 i€ - O jD /, di..i 4.41, `77t E 7 f%°- 643 ° ,ez '7 GOO' th Ve ,v Y' � 7th S ■QJT FD2 -S& ' 6CJ6 r -- /Aj o Y 6;1945,290r oc/4 r2llILXJ j/,4 if X21 avail i AU ..-C-1126- ifs &o ca0 /rtd CT 4; s',» nrni3 , IV/ GcJ� % List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, l certify ''lat the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release pf Liabijit Signature of Apphcanl or Authorized Agent Date MINNESOTA IRONMAK BICYCLE RIDE Sunday, April 28, 2013 AK Official Rest Stops (4-) 14 Mile Short Loop 27 Mile Afton Loop 27 Mile Gateway Loop 50 Mile Scandia Loop ImAirr Joint Route 0 1 2 3 L IRONMAN RIDELINE XXX DAY OF RIDE In Case Of Emergency Call 91 I RIDE RIGHT nRau�as.w OBEY TRAFFIC LAWS SHARE THE ROAD WEAR YOUR HELMET ell ood Rd Scandia Tr SCANDIA Scandia Tr rt c2 9 hs 00 stru 170th St Broadway St ): I \'°\ MARINE ON ST CROIX 0 c) qu' STILLWATER h St Clr ""11601- R Heath Ave l 50th 40th Stitl`Nater LAKE ELMO 27 Mile Gateway Loop Realm 50 Mle Scala Loop Return Laurel St ca d Myrtle St t\ c `s, O. a n St to Olive St Pine St Croixwood Sty Churchill St c a a� 00 5n 50 Mle Scandia Loop Out STILLWATER (detail) ct ✓� 27 Moe Gateway Loop Rem 50 Mop Scandia 5er Loop Return .y+ 65th St m_ 36 _ 14- Hudson 0) 95 70 50th St PRESS RELEASE STRICTLY EMBARGOED UNTIL: 9:OOAM CT / TUESDAY, DECEMBER 11TH, 2012 Minnesota Ironman® Bicycle Ride Moves to Scenic St. Croix River Valley 47th Annual Event's Move to Washington County Provides Exciting, Challenging and Beautiful New Routes for Cyclists St. Paul, MN (Wednesday, December 5) — For the first time in its dynamic 47 year history, the Minnesota Ironman® is moving to the Scenic St. Croix River Valley of Washington County. "We could not be more thrilled to partner with the communities of Stillwater, Afton, Lake Elmo, Scandia, Marine on the St. Croix and Oak Park Heights to bring beautiful and challenging new routes to the 2013 Ironman ®," Ride Director Jon Ridge said. As the original Ironman ®, this Minnesota bike ride has hosted over 100,000 cyclists in their 46 year history for an exhilarating start to their Spring cycling season. For the past thirteen years Lakeville, Minnesota has provided an incredible home for the ride; they offered the finest welcome any mega bike ride could have expected with tremendous support from the police, mayor's office, school district and entire community. As planning began for the 2013 Minnesota Ironman® ride, Ride Director Jon Ridge and his committee decided that it was time for a change. "Our riders deserve to explore new and fabulous cycling routes," he said. "When we began looking, we could think of no finer location than the Scenic St. Croix River Valley of Washington County, and have been welcomed with enthusiastic and open arms by city, county and regional leaders." The Minnesota Ironman® is a ride for all cyclists and outdoor enthusiasts. They offer short routes for new riders and families, as well as the traditional and more challenging 100 -mile option for true Minnesota Ironmen and Ironwomen. "Official route maps will be shared with you in 2013," says Bob McEnaney, official trainer of the 2013 Minnesota Ironman ®, "but I can tell you that this is some of the most beautiful, exciting, challenging and fun places to ride in the entire Midwest. For now we want you to dream of the next cycling season, train hard for a century ride and stay tuned to get even more excited about what challenges and excitement the 2013 Minnesota Ironman have in store for you!" Mark your calendar for the 2013 Minnesota Ironman ®: Sunday April 28th, 2013. Start your Spring season as a Minnesota Ironman® in the beautiful Washington County! The Minnesota Ironman® bike ride is hosted by Hostelling International -USA and supports their non - profit mission and work here in Minnesota. They operate the Mississippi Headwaters Hostel in Itasca State Park. All proceeds from the ride are donated to the 501(c)(3) organization. For More Information: Ryan McEnaney rvan@rmhpartners.com 651 - 434 -9626 www.lronmanBikeRide.org Mark Hayes mark @rmhpartners.com 661 - 342 -0340 ** MEDIA ALERT ** MINNESOTA BICYCLE RIDE ,1 Minnesota Ironman® Bicycle Ride Registration Opens February 1st Early Bird Registration gives riders discounted rates for the Spring cycling season opener St. Paul, MN (January 22, 2013) — The Minnesota Ironman® Bicycle Ride has announced that rider registration will open at 12:01am on Friday, February 1st at www.IronmanBikeRide.org. Early bird registration will be available February 1st through February 28th and offers a $10 discount on registration fees. The Minnesota Ironman® Bicycle Ride is open to riders of all ages and abilities. Routes have been designed in approximately 15, 25, 50 and 100 mile increments to provide options for everyone from casual riders to experienced cyclists looking for a challenge to begin their 2013 outdoor cycling season. Training packages are also available at the time of registration for anyone seeking additional support from Coach Bob McEnaney, official trainer of the 2013 Minnesota Ironman® Bicycle Ride. What: The Minnesota Ironman® Bicycle Ride is the longest running organized bicycle ride in the state of Minnesota. It is the kickoff to the Spring cycling season for the entire Midwest region, and provides an opportunity for families, cyclists, athletes and outdoor enthusiasts to start the Spring with a healthy challenge. The ride attracts between 4,000 - 6,000 cyclists each year. When: Sunday, April 28th Where: Scenic St. Croix River Valley of Washington County - the ride begins and ends at the Washington County Fairgrounds, with routes traveling through the communities of Stillwater, Afton, Lake Elmo, Scandia, Marine on the St. Croix and Oak Park Heights Cost: Early Bird Registration (February ft - February 28th) - $30 Regular Registration (March 1st - April 15th) - $40 Youth Registration (Under 18 years old, entire registration period) - $15 Group Registration (Teams of 8 or more) - $5 discount per rider About the Minnesota Ironman® Bike Ride As the original Ironman ®, this Minnesota bike ride has hosted over 100,000 cyclists in their 46 year history for an exhilarating start to their Spring cycling season. The Minnesota Ironman® Bicycle Ride is a ride for all cyclists and outdoor enthusiasts. They offer short routes for new riders and families, as well as the traditional and more challenging 100 -mile option for true Minnesota Ironmen and Ironwomen. The Minnesota Ironman® Bicycle Ride is hosted by Hostelling International -USA and supports their non - profit mission and work here in Minnesota. They operate the Mississippi Headwaters Hostel in Itasca State Park. For More Information: Ryan McEnaney ryan@rmhpartners.com 651 - 434 -9626 www.lronmanBikeRide.org Mark Hayes mark@rmhpartners.com 661 - 342 -0340 .11r Jo Ride git the Sank ST. CROIX RIVER VALLEY APRIL 28, 2013 Washington County Fairgrounds - Stillwater MINNESOTA IRONMAN Registration Information www.IronmanBikeRide.org BICYCLE RIDE MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders Director of Public Works DATE: February 15, 2013 RE: Feasibility Study for the 2013 Street Improvement Project Project No. 2013 -02 INTRODUCTION Based on the condition of the streets as presented in the 2010 Pavement Management Plan and further review by the City staff, a feasibility study of the following streets was authorized by Council on October 16, 2012. Street reconstruction • Pine Street (Broadway to 3'd St S ) • Pine Street (Holcombe to Greeley St) • William Street (Willard to Pine) • Martha Street(Willard to Pine) The sections of Pine Street selected for reconstruction were rated low in the 2010 Pavement Management Plan. The streets have old stone curb, poor drainage, patched pavement sections and extensive cracking. The streets have no storm sewer system. There are numerous sections of sidewalk that are not in good condition. It is unknown when the streets were last paved. Martha and William were last improved over 40 years ago with no curb and gutter section. The streets are now beginning to deteriorate and a street reconstruction is warranted. Mill and Overlay • Churchill (3'd St S to Greeley Street) • Pine Street (3'd St S to Greeley Street) • Myrtle Street (Main Street to 3`d St S) The three streets selected for mill and overlay were primarily rated in fair condition in the 2010 Pavement Management Plan. These streets show signs of deterioration, but have adequate structural strength to support a mill and overlay. They have existing concrete curb and gutter which is primarily in good condition. There are some sections of sidewalk along Churchill Street and Pine Street that are in poor condition and should be replaced. PROPOSED PROJECT Pavement reconstruction Both sections of Pine Street are Municipal State Aid Streets and in order to receive funding for these streets, the streets will need to be constructed according to their standards. This includes a 9 -ton pavement design, requirements for minimum street width with parking restrictions. William and Martha are as local streets and will be reconstructed to city standards. The table below shows the existing and proposed street widths: Street widths for reconstructed streets (face to face Street Between streets (start/end) Existing Proposed Parking Restriction Pine Broadway 3rd Street S 29.5 32 No parking one side Pine Holcombe Greeley 44 38 Parking both sides William Willard Pine 30 30 Parking both sides Martha Willard Pine 30 30 Parking both sides Since there is poor surface drainage, new storm sewer will be installed on Pine Street between Sixth and Greeley, on William and on Martha Streets. Since these streets are being reconstructed, treatment for water quality is required and rain gardens are proposed to be installed in a few locations along the project to meet the water quality requirements. Water services will be replaced for those properties that have a galvanized water service. Street work would consist of removing the existing bituminous pavement, the stone curb and gutter and excess base material in order to build the new street section. Pine Street will be constructed with a new pavement section of nine inches of aggregate and four inches of bituminous. William and Martha's street section will be constructed with six inches of aggregate and four inches of bituminous. New concrete curb and gutter will be installed on all reconstructed streets. Sidewalk will be replaced where it is severely cracked, heaved, or misaligned and all intersection pedestrian ramps will be reconstructed to meet ADA requirements. New rings and seals will be installed on sanitary sewer manholes to prevent future deterioration and the sanitary sewer will be lined at identified locations. Restoration of turf and driveways is the final step Mill and Overlay For Churchill, Pine and Myrtle Street, the top 1.5- inches of bituminous surface will be milled and overlaid with 2" of bituminous. Deteriorated or damaged curb sections and sidewalks will be replaced along with all intersection pedestrian ramps in order to meet ADA requirements. Manhole rings will be sealed and sewer mains will be lined at identified locations. PROJECT COST AND FINANCING The total estimated cost of the project is $1,263,400.92 including design, surveying, inspection, administration, and contingencies. Pavement reconstruction Estimated Cost: $829,998.75 (includes design, inspection, surveying, administration) According to the City Assessment Policy street improvement projects (are assessed 50% to the benefitting property owner and 50% from City funds. Since Pine Street is a Municipal State Aid State and the street width is wider than a typical City Street, reductions in the assessed cost were applied based on a 30 foot street width. Commercial properties would be assessed by front footage and residential properties would be assessed by the unit method with assessments calculated as follows: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy The preliminary assessment for the reconstructed streets is $10,050 per unit. Commercial properties would be assessed $100.05 per lineal foot. Replacement of galvanized water services would be assessed 100% to the benefitting property owner. The property owners with the galvanized services would pay the cost of $1,645 per service. Mill and Overlay Estimated Cost: $433,402 (includes design, inspection, surveying, administration) According to the City Assessment Policy street improvement projects are assessed 50% to the benefitting property owner and 50% from City funds. Since Pine Street is a Municipal State Aid State and the street width is wider than a typical City Street, reductions in the assessed cost were applied based on a 30 foot street width. The residential properties would be assessed by the unit method with the units assigned as follows: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy The preliminary assessment rate for the residential properties would be $1734.11 per unit and The commercial properties would receive a preliminary front footage assessment rate of $28.77 per foot. Proposed Preliminary Assessment Table PROPOSED SCHEDULE (PRELIMINARY) February 19th Feasibility Study March 19th Public Hearing April 2nd Approve plans May 7th Award bid May through August Construction September 17th Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2013 Street Improvement Project and order a public hearing to be held on March 19th, 2013 at 7:O0PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2013- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2013 STREET IMPROVEMENT PROJECT, (PROJECT 2013 -02) Assessment Rate Adjusted Front Footage No. of properties Assess. Units Assessment Amount Reconstruction- commercial /institutional $100.04 /LF 421 2 $42,221.05 Reconstruction- residential $10,050 /unit 43 33.7 $338,689.41 Mill and overlay — commercial $28.77/LF 3932 15 $113,123.64 Mill and overlay - residential $1734.11 /unit 89 44.7 $77,514.94 Galvanized water services service 21 21 $34,553.93 Assessment Subtotal $605,882.57 City Projects Fund $657,518.35 Street Improvement Project Cost $1,263,400.92 PROPOSED SCHEDULE (PRELIMINARY) February 19th Feasibility Study March 19th Public Hearing April 2nd Approve plans May 7th Award bid May through August Construction September 17th Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2013 Street Improvement Project and order a public hearing to be held on March 19th, 2013 at 7:O0PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2013- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2013 STREET IMPROVEMENT PROJECT, (PROJECT 2013 -02) RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2013 STREET IMPROVEMENT PROJECT (PROJECT 2013 -02) WHEREAS, pursuant to resolution of the Council adopted October 16, 2012 a report has been prepared by the City Engineer with reference to the 2013 Street Improvement Project; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,263,400.92. 2. A public hearing shall be held on such proposed improvement on the 19th day of March 2013, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 19th day of February 2013. ATTEST: Larry Hansen, City Clerk Ken Harycki, Mayor ti NCH EN 2013 STREET IMPROVEMENT PROJECT 2013 -02 LEGEND (PROJECT TYPE) - RECONSTRUCT - MILL AND OVERLAY iliwater THE BIRTHPLACE OF MINNESOTA 0 1000 2000 m 4000 SCALE Immo. lam•••ftwoit ant% m" Souk op MIME i NE MO% CH RGHIL ST . ' II ■U a ORLLEA S ST WILLIAM ST CURVE CREST STATE 1 w HWY. 36 IN MYRTLE STREET 0 0 PINE STREET FEET CHURCHILL ST. I s>, 11� r1)1� 1 + 2013 -02 Units Commercial Footage Multi -Unit Assessment Corner econstruct 2013. �Z rd- 5- c N \GN�pYS. 55 �� rth SE oso =HA ■ 1331115 31NNV3f 0' U 9 23 s001 3b z — j s WPV •or, oot- �ti` \ 7t1 1 `.\ La, • H lnos { 1. 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IM HLnOS _� g09 Z.Z. 133O1S A3 -- 012O5 133O1S A3 - 01205 0101 tt I /001 1S gY� ▪ N3MO S_ _ MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: February 13, 2013 Re: Feasibility Report- County Road Improvement- Project 2013 -04 BACKGROUND Washington County will be constructed the 2 "d phase of their four year plan for street improvements on CSAH 23 through City of Stillwater and Oak Park Heights. Last year they reconstructed Third Street from Orleans to Walnut Street and Chestnut Street from Third Street to Main Street. This year they will be reconstructing Orleans Street from Fourth Street South to Fourth Avenue South. PROPOSED PROJECT The County is proposing to reconstruct the road with a new pavement section. The street will be narrowed by four feet on the north side from Third Street to Fourth Ave South. Narrowing the street by four feet would create a boulevard for the property owners and would aid in the storage of snow during the winter months. This is similar to last year project on the Third Street. New sidewalk, pedestrian ramps and pedestrian bumpouts will also be installed as part of the project. PROJECT COSTS The overall project cost is estimated to be $315,800 and primarily funded by Washington County, but according to their cost participation policy, some items are the city's responsibility. These include 50 % of the new sidewalk and curb and gutter, and a small portion of the traffic control, erosion control, and mobilization costs. It is estimated that the cost to the city for these items is $39,479, which also includes city administration costs and plan review. PROJECT FINANCING Using the City's Assessment Policy, it is proposed that affected properties be assessed 50% of the city's project costs or $19,379.50. There are 9 properties in the project area, 8 residential and the ISD 834 (school) property. Assessment rates would be based on the unit method for the residential lots and front footage for the school property. This amounts to a proposed assessment rate of $1377.1 for residential lots and $8721 for the School Property. The remaining portion would be from the City's Capital Project Fund. PROPOSE SCHEDULE (Preliminary) A tentative schedule is shown below. Since the county is the lead on the project some of these dates may change to fit their schedule. Feasibility Study Public Hearing Approve Plans Award Bid Construction Assessment Hearing RECOMMENDATION February 19, 2013 March 19, 2013 April 2, 2013 May 7, 2013 June - August, 2013 September 178'2013 Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report study for County Road Improvement Project and order a public hearing to be held on March 19th, 2013 at 7:00 p.m. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2013- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON COUNTY ROAD IMPROVEMENT PROJECT (Project 2013 -04) RESOLUTION RECEIVING REPORT AND CALLING HEARING ON COUNTY ROAD IMPROVEMENT PROJECT (PROJECT 2013 -04) WHEREAS, pursuant to resolution of the Council adopted January 15th, 2013 a report has been prepared by the City Engineer with reference to the County Road Improvement Project ; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The Council will consider the improvement of such street improvements in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $39,480. 2. A public hearing shall be held on such proposed improvement on the 19th day of March 2013, at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible thereafter, and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council of the City of Stillwater this 19th day of February 2013. ATTEST: Diane F. Ward, City Clerk Ken Harycki, Mayor f`TH • • ' ' -t • 4 7/1 ! ' • - F ST 2013 COUNTY ROAD IMPROVEMENT 2013 -04 LEGEND (PROJECT TYPE) — RECONSTRUCT Taboo IMP I Mita d- LPll .). I `tpI Noural rum wPNE Mir& "a- rib RCHIL ' Iiiiiuii. 1UIIII! :EST STATE HWY. 6 jjtwater THE IIHTHPI.ACE SF MINNESOTA s w w 0 1000 2000 4000 SCALE IN FEET Orleans St Asa Was County BOARD AGENDA FEBRUARY 19, 2013 — 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Dearth, District 2 Gary Krlesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 9:00 Roll CaIl Pledge of Allegiance 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityorfunction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podrutn, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the frill Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limi (your presentation to no more than five minutes. The Board Chair reserves the right to limit an individuals 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 9:10 Consent Calendar -- Roll Call Vote 4. 9:10 General Administration — Molly O'Rourke, County Administrator Legislative Update 5. 9:20 Commissioner Reports — Comments — Questions This period of rime shall be used by the Commissioners to report to the All 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 tneeting. 6. Board Correspondence 7. 9:40 Executive Closed Session with Human Resources Discuss Labor Relations Negotiations S. 10:25 Adjourn 9. 10:30 to 11:15 — Board Workshop with Community Services & Public Health and Environment Review Impact of the Affordable Care Act on County Services and Clients Served 10. 11:15 to I 1:30 — Board Workshop with the Office of Administration Discuss County Commissioner Appointments to Various Advisory Committees and Boards 11:45 Finance Committee Meeting Assistiwe listening devices are ava5able For users the County Board Ram �r.,... nmr! •ee:ehnea ph.. Afe.M . ie.,., ro ,.e...ee nil 1f.51I G1fLMf EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 19, 2013 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of resolution acknowledging the I00`h Anniversary of the death of John W. "Bud" Fowler. Human Resources Public Works B. Approval to appoint Elden Lamprecht, Oakdale, to the Groundwater Advisory Committee representing agriculture to a first term expiring December 31, 2014. C. Approval to ratify the two -year agreement with the Teamsters Local No. 320, Probation Officers, for the years 2012 -2013. D. Approval of resolution to enter into the Minnesota Historical Society State Capital Project Grants -In -Aid Agreement in the amount of $85,000 for restoration of the Historic Courthouse flashing, soffits and fascia, and approval of a budget amendment for permanent use of fund balance in the amount of $85,000 to match the grant. E. Approval of County Policy # 1702, Building Temperature Policy. F. Approval of work orders 6 -8 in the amount of $16,784.43 with Hardrives, Inc., for the County Road (CR) 13B paving project; and approval of resolution authorizing final payment in the amount of $54,668.59 to Hardrives, Inc. for completion of the CR 133 paving project. G. Approval of resolution authorizing final payment in the amount of $97,679.47 to Hardrives, Inc. for the completion of the County State Aid Highway 6, 7, and 22 paving projects. *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, Rssistive iistenrng devices are avaable for use in the County Board Roam u... .. De. sac .:.lan..,.n.e��.1:.e+.a�..... �..,g..e�r.e..:a. els,ra OSli ef2ELACInfl EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Was County BOARD AGENDA FEBRUARY 12, 2013 -- 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, 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 listed an this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or ifit 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 Community Services — Rick Backman, Division Manager 2012 Annual Report - Child Protection Citizen Review Panel -- Guy Sederski, Chair 5. 9:20 Property Records and Taxpayer Services — Jennifer Wagenius, Director 2013 Assessment Classification and Valuation Change List 6. 9:25 Metropolitan Mosquito Control District — Jim Stark, Executive Director 2012 Program and Overview of the 2013 Program and Budget 7. 9:45 General Administration — Molly O'Rourke, County Administrator Legislative Update 8. 9:55 Com missioner Reports — Com ments — Questions This period of time shall be used by the Commissioners to report to the full Board an committee activities, make comments an matters of interest and information, or raise questions to the staff This action is nor intended to result in substantil'e board action during this thee. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:15 Executive (Closed) Session with Public Works A. Discuss Offer on the Leadholm Parcel and Parcel 22.027.20.13.0001 in Denmark Township to Purchase for the Parks Trail System 13. Discuss Possible Purchase of the Kartarik Parcel for Inclusion into the Grey Cloud Island Regional Park 1 1 . 10:45 Executive (Closed) Session with the Office of Administration Discuss Amount of Funding to Provide the City of Woodbury for the Purchase of the Lone Lake Kennels Property for Park Purposes 12. 11:05 Adjourn 13. 11:10 to 11:40 — Board Workshop with Public Works Discuss Options for Participation in the Grey CIoud Slough Restoration Through the Construction of a Bridge on County Road 75 14. 11:40 to 12 :00 -- Board Workshop with Administration Update on the Efforts by the Washington County Historical Society to Meet Pledge Requirements for the Purchase of Suitable Housing to Reposit and Exhibit Historical Artifacts Resistive Nstening devices are available for use in the County Bard Room EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 12, 2013 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Community Services Information Technology Property Records and Taxpayer Services Public Works Sheriff A. Approval to appoint Kris Roberts, Woodbury, to the Mental Health Advisory Council representing consumers, and Tracy Klein, representing Willow Haven, to first terms expiring December 31, 2015. B. Approval to appoint John Rheinberger, Stillwater, to the Personnel Board of Appeals to a first term expiring December 31, 2015. C. Approval to change the County Board's order of business to move General Administration and Commissioner Reports to after approval of the Consent Calendar. D. Approval of Policy #6010 Commissioner Equipment and Technology Stipend. E. Approval of the 2012 HOME Program subrecipient agreement with Dakota County. F. Approval to create a purchase order to pay for the continued software and licensing support of the Oracle JD Edwards Enterprise One Software. G. Approval of resolution, application for Exempt Permit of Minnesota Lawful Gambling from the Disabled Veterans Rest Camp. H. Approval of contract with Stantec Consulting Services, Inc. for design services for the County State Aid Highway 13/20 roundabout project. 1. Approval of service contract with Motorola for ongoing maintenance, network monitoring, onsite infrastructure response and the dispatch of service technician for the 800 MHz Public Safety Radio System. *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. Assislrve listening devices are available Ivr use in the County Baud Room �,..n.ana;ly,., law .- No.naetha... iRR.1 e� Rrv,n EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Was County BOARD AGENDA FEBRUARY 5, 2013 — 9:00 A.M. Board of Commissioners Fran Miran, District 1 Ted Dearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 I . 9:00 Roll Call Pledge of Allegiance Z. 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 listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and theft!! 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 Innis an individual's presentation of it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is parr of Washington County's Responsibilities 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Minnesota Department of Transportation -- Jon Chiglo, Project Manager St. Croix Crossing Update 5. 9:20 General Administration — Molly O'Rourke, County Administrator A. Resolution — Priory Nature Area Addition Conservation Easement — Jane Harper, Principal Planner B. Legislative Update 6. 9 :35 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board an committee activities, snake comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:00 Adjourn 9. 10:05 to 10:50 — Regional Railroad Authority Workshop with Public Works Counties Transit Improvement Board Overview 10. 10:50 to 11:00 —Board Workshop with Public Health and Environment Overview of the Recycling Performance Scorecard Workgroup Assrslive listening devices are avai?abio for use in Me County board Room fr nmrr .. riN•�tl .�,.=�.. .+�a ew.rv.. r�..v,earJp M1a rAu Naa ea# (fc1 inn cnfl f EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 5, 2013 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration Hvrnan Resources Information Technology Public Health and Environment Public Works Sheriffs Office A. B. C. D. E. Approval of the January 15 and 22, 2013 County Board meeting minutes. Approval to appoint Peter Ka tzung, Woodbury, to the Fam ily Homeless Prevention and Assistance Citizen Advisory Com mittee as a District 5 Representative, to a first term expiring June 30, 2015. Approval to ratify a two -year agreement for the years 2012 and 2013 with the Association of Supervisors. Approval of data/voice cabling contract with Network Design, Inc. for the period of February 1, 2013 through January 31, 20I4. Approval to renew two year agreements with the Cities of Bayport, Cottage Grove, Grant, Hugo, Marine, Oakdale, Pi ne Springs, Scandia, St. Mary's Point, St. Paul Park, and Lake Elms to provide Individual Sewage Treatment System Inspection Services. F. Approval of comments on Valley Branch Watershed District's draft rules and regulations update, and authorize the Board Chair to sign the cover letter submitted with the comments, on behalf of the county. G. Approval of resolution authorizing final paym ent in the am ount of $83,906.21 to North Valley, Inc. for co mpletion of the County Road 59 reclamation and paving project. H. Approval of resolution to enter into Agreement No. 02596 with the State of Minnesota, Department of Transportation for the cost share and naintenance of infrastructure related to the construction of a new interchange at TH 36 and County State Aid Highway 29 (Hilton Trail) in Pine Springs. I. Approval to enter into an agreement with the Minnesota Departm ent of Public Safety, Division of Horreland Security and Emergency Management, to receive funding through the Depart ment of Homeland Security, Urban Area Security Initiative Grant Program. *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. 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