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HomeMy WebLinkAbout2013-05-21 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 21, 2013 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of May 7, 2013 regular, recessed and executive session meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2013-076, Certificate of Appreciation – Engineer Technician III, Ryan Smith (Resolution – Roll Call) VI. 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. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) 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. 11. Resolution 2013-077, directing payment of bills 12. Possible approval of Service Award – Scott Zahren – Heritage Preservation Commission 13. Possible approval of Service Award – Howard Lieberman – Heritage Preservation Commission 14. Possible approval of fireworks permit (retail) – Cub Foods 15. Resolution 2013-078, approval of renewal of professional services agreement with Regions Hospital, Emergency Medical Services 16. Resolution 2013-079, approval of distribution of Fire Department retired/out of service personal equipment 17. Resolution 2013-080, approval of group health adjustment for Mayor and Council 18. Possible approval of addition of roof top patio to Rafter’s liquor licensed premises area 19. Possible approval to purchase new backup system – MIS 20. Possible approval to hire replacement Engineering Technician 21. Possible approval of capital release - Library 22. Possible approval to purchase of sonar equipment for fire boat through Friends of Fire Fund 23. Resolution 2013 081, approval of National Insurance Services Insurance Trust Joinder Agreement for long-term insurance 24. Possible approval of fireworks permit (retail) – Target IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 25. Case No. 2013-09. This is the date and time for a public hearing to consider a request from John Daly, representing The Freighthouse, for an amendment to The Freighthouse special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District, and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution- Roll Call) 26. Case No. 2013-10. This is the date and time for a public hearing to consider a request from Chuck Dougherty, representing St Croix Preservation, for a special use permit to allow outdoor music for The Water Street Inn at 101 Water Street South in the CBD, Central Business District and any variances related thereto and waiver of Noise Ordinance. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution-Roll Call) 27. Case No. 2013-14. This is the date and time for a public hearing to , to consider a request from Ryan Lettner for an amendment to the Quick Fire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District and any variances related thereto. . Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution-Roll Call) 28. Case No. 2013-15. This is the date and time for a public hearing to consider a request from Mark Balay, representing Lift Bridge Brewery, for a zoning text amendment to allow by special use permit an accessory outdoor sales area associated with a taproom license; also an amendment to the Lift Bridge Brewery special use permit to allow an accessory outdoor sales area at 1900 Tower Drive in the BP-O, Business Park Office District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution and Ordinance – 1st Reading-Roll Call) 29. Case No. 2013-16. This is the date and time for a public hearing to consider a request from Nancy Musser for a special use permit to allow the operation of a surrey and bicycle rental kiosk (Papa Wheelies Surrey Rental) at 204 North Main Street in the CBD, Central Business District and any variances related thereto. . Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution- Roll Call) 30. This is the date and time for a public hearing to consider the assessments for demolition and cleanup of a single family home located at 402 Sycamore Street. Notices were mailed to the affected property owners and published in the Stillwater Gazette on May 3, 2013. (Resolution – Roll Call) 31. This is the date and time for a public hearing to consider the assessments for the transfer of train from public to private property. Notices were mailed to the affected property owners and published in the Stillwater Gazette on May 3, 2013. (Resolution – Roll Call) X. UNFINISHED BUSINESS 32. Possible approval of resolution providing for the competitive negotiated sale of G.O. Water Revenue Bonds, Series 2013A (Resolution – Roll Call) XI. NEW BUSINESS 33. Possible approval of bids and awarding contract for 2013 Street Improvement Project (Resolution – Roll Call) 34. Cost update on Lowell Park Restrooms XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT RESOLUTION 2013 -077 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 $579,472.48 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 21st day of May, 2013. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2013 -77 LIST OF BILLS Ace Hardware Advanced Graphix Inc. Alex Air Apparatus, Inc. Amdahl Locksmith, Inc. Chris Anderson - Arbitrator Richard Animal Humane Society Aramark Uniform Services, Inc Aspen Mills Blue Tarp Financial Board of Water Commissioner Bolton and Menk, Inc. Braun Intertec Corporation Brent Richter Consulting Brock White Co. LLC Business Data Record Services Carquest Auto Parts CDW Government, Inc. Century Link Century Power Equipment Chemsearch City View Electric, Inc. Clark Dan CMI, Inc. Cole Papers Comcast Crossings by Grandstay Inn ECM Publishers, Inc Emergency Apparatus Maintenanc Emergency Medical Products, In Ess Brothers & Sons Inc. Frontier Ag & Turf Fury Dodge Chrysler Gertens Wholesale Gopher Bearing Gopher State One Call, Inc. Government Acct. Standards Board Grafix Shoppe Hildi Inc Hotsy Equipment of Minnesota Ice Skating Institute International Code Council, Inc. Interstate Battery System Of Minneapolis ITL Patch Co., Inc. J.H. Larson Electric Jimmys Johnnys, Inc. Supplies Graphics Hurst cutting tool Mens restroom repair deadbolt Professional services Animal shelter Uniforms and mats Uniforms Molded forklift seat April 2013 WAC Charges Professional services Professional services Critical incident stress mgmt consultati Detack crafco Confidential recycling containers Auto parts and supplies APC Back ups ES 8out 550 VA Green UPS Phone Supplies Yield aerosol Annual FA Inspection Custodian Cyl, EGS Aeroblu foam Telephone and Internet 1st Qtr Lodging Tax Overpayment Refund Publications Repair Sprague and BP matched set Manholes, lids, rings, wrap, and grates Supplies Repair and service Bedding mix Gat b85 Tickets GASB Subscription Non reflective kit for new 2013 ford int Actuarial disclosures Wand dual trigger 48in Dazzling Decades April 2013 John Nobles membership 24M -XHD Emblems and badges Supplies Toilet rental Page 1 626.98 175.00 8,261.44 149.00 2,672.20 334.91 1,132.06 886.16 106.86 13,761.00 2,050.00 1,598.50 250.00 352.69 406.93 391.91 229.57 371.35 185.03 177.11 251.00 1,057.50 104.00 831.97 924.92 444.00 1,063.89 1,349.24 40.39 7,971.27 3,731.95 2,958.28 598.13 218.57 222.45 225.00 630.00 195.00 79.14 25.00 50.00 96.13 191.25 500.90 51.30 EXHIBIT "A" TO RESOLUTION #2013 -77 John Deere Landscapes /Lesco JRK Seed & Turf Supply Lake Country Door, LLC Law Enforcement Targets, Inc. LifeLine Training, Ltd. Linner Electric Co. Loffler Companies, Inc. Low Voltage Contractors MacQueen Equipment Inc. Marshall Electric Company Menards Metropolitan Council MHSRC /Range Midway Ford Commercial Miller Excavating, Inc. Minnesota Occupational Health MN BCA -CJTE MN Fire Srv. Cert. Board Molstad Robert J. NAPA Auto Parts Nardini Fire Equipment National Reprographics,LLC North American Safety Office Depot Otis Elevator Company Pioneer Manufacturing Co. Plant Health Associates R &R Specialties, Inc. Riedell Shoes, Inc. Rivertown Inn Rosenbauer Firefighting Technology Roseville Midway Ford S &T Office Products, Inc. Sentry Systems, Inc. Sherwin Williams Sprint PCS St. Croix Boat and Packet Co. St. Croix Recreation Co. Stillwater and Oak Park Heights CVB Stillwater Motor Company Streichers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Thomson Reuters Titan Energy Systems Toll Gas and Welding Supply Toppers and More Backflow 720a vb 8 Hyvar xl 1 gal Replace section of door Targets and safety glasses The Warriors Edge class 300W 120V Bulbs swamp room Network computer support Door drop Wldt -loop Sewer lift pump repair Supplies April 2013 Monthly SAC & Wastewater Brent Campbell class and vehicle fees 2013 F150 SuperCab Truck per contract 54 11088 Sewer line work Drug test Senoir mgmt - labor laws legs Cert exam - Bell and Marchetti Dangerous dog matter Parts and supplies Fire Suppression in server room City Project 2013 -02 Nitrile gloves Office supplies Elevator contract Gameline aerosol white Tree service Tips cutter seod 2 and blade sharpening Skates 1st qtr lodging tax interest overpayment Leftside chain plate Remote - 209 Office supplies Monitoring services White paint Cell phone April Arena Billing Replacement of crank actuator 1st qtr lodging tax Vehicle repair Uniforms and supplies Retiree Health Insurance and COBRA Fine Asphalt Information charges 65% Completed Installation Cylinders Topper and bedslide for 2013 F150 Short Page 2 72.46 854.57 643.67 240.01 278.00 11.76 33.75 545.00 239.33 240.10 774.47 154,874.09 396.00 19,473.28 705.94 162.20 190.00 150.00 524.29 1,317.29 230.00 157.69 28.24 489.15 1,901.33 150.95 754.00 683.84 319.83 219.61 310.44 95.87 182.38 150.54 404.70 85.94 49,294.18 247.95 25,091.18 526.84 277.91 64,576.10 860.32 98.06 18,570.00 30.51 2,475.44 EXHIBIT "A" TO RESOLUTION #2013 -77 Trans Union LLC Tri -State Pump and Controls, Inc. Trobec Jannell Twin City Garage Door Co. Tyco /Simplex Grinnell LP Verizon Wireless Victory Corps Washington Conservation Distr Washington County Election Washington County Property Records Washington County Recorder White Bear Tire & Auto Inc. Wiegand Sheila Wingfoot Commercial Tire Wulfing David Yocum Oil Company CREDIT CARDS Larry Hansen GTS Educational Minnesota Bookstore Grand View Lodge & Tennis Tom Ballis West Marine West Marine Forestry Suppliers Stuart Glaser Information charges Repair pump at Aiple Lift Station Refund for EHL Summer Camp 1st Session Garage door service and repair Replace sensor Mobile broadband Flags 1st qtr payment for shared educator Accuvote /Automark Maintenance Special Asmt 2013 and Asmt fee 2013 Recorder registar Tires and installation Reimburse for Coffee Tires and installation Reimburse for K9 equipment Fuel Member Fee 2 sets of 2012 MN Statutes Conference Service Service Nozzle Page 3 32.91 7,656.68 395.00 932.71 705.38 468.38 289.67 556.25 3,590.00 100, 606.49 144.00 698.84 40.40 541.47 144.92 8,020.33 225.00 503.48 396.00 71.95 92.11 76.05 West Marine Service 53.11 EXHIBIT "A" TO RESOLUTION #2013 -77 LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater Ebsco Publishing Gaylord Bros., Inc. Grainger Menards Midwest Tape Pioneer Press Quill Corporation Toshiba Business Solutions, USA Library Credit Cards Amazon.com Barnes & Noble USPS ADDENDUM Madden Galanter Hansen LLP Magnuson Law Firm Secure Benefits Systems USAble Life Washington County License Center Xcel Adopted by the City Council this 21st Day of May, 2013 Janitorial supplies Library materials Library materials Rental Subscription Library supplies Eyewash Station Batteries and supplies Library materials Subscription Supplies Maintenance agreement Library materials Library materials Postage Professional Service Professional Service COBRA payment to flex spending Life Insurance Reg for 2013 Ford F150 Electricity, Gas Page 4 148.86 1,343.85 3,316.12 38.80 20.10 121.44 286.17 98.02 635.00 305.95 431.83 127.39 289.82 8.00 11.44 9,166.92 6,442.93 55.50 412.80 1,215.36 20,885.86 TOTAL 579,472.48 1 The Birthplace of Minnesota MEMORANDUM TO: Mayor & Council FROM: City Administrator Hansen DATE: May 20, 2013 SUBJECT: Long Term Disability Insurance The City is a member of the municipal pool with the League of Minnesota Cities for employee long term disability insurance. The pool is switching providers from Assurant to Madison National. Coverage is identical and the cost will decrease 10 %. Recommendation: Authorize approval of the Joinder Agreement making the change. /nm RESOLUTION 2013 -081 APPROVAL OF NATIONAL INSURANCE SERVICES INSURANCE TRUST JOINDER AGREEMENT FOR LONG -TERM INSURANCE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the Joinder Agreement between National Insurance Services Insurance Trust and the City of Stillwater, for long term insurance is hereby approved and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the City Council of the City of Stillwater this 21st day of May, 2013. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk NATIONAL INSURANCE SERVICES INSURANCE TRUST JOINDER AGREEMENT FOR LONG -TERM DISABILITY INSURANCE CITY OF STILLWATER (the "Employer ") hereby requests application for participation in National Insurance Services Trust (the "Trust ") for group long -term disability insurance benefits under a master group policy underwritten by Madison National Life Insurance Company, Inc. (the "Insurer "). The "Group Policy" means only the provisions of the master group policy that apply to the Employer, based upon the coverage requested under this Joinder Agreement. A. Administrative 1. Employer: 2. Plan Number: 3. Nature of Business: 4. Frequency of Billing: 5. Original Plan Effective Date: 6. Coverage Replaced: 7. Prior Carrier: 8. Term Date of Prior Coverage: Annual Open Enrollment Period CITY OF STILLWATER 216N 4th St Stillwater, MN 55082 -4898 1419 Government Monthly July 1, 2013 LONG -TERM DISABILITY ASSURANT July 1, 2013 Madison National Life will agree to an annual 30 day enrollment period to allow Eligible Employees to purchase Voluntary Long -Term Disability coverage who previously waived the coverage or for those current enrollees wishing to increase coverage. Except as provided below, if application is made more than 31 days after the day the Employee becomes eligible, the application must be made during the annual enrollment period and Evidence of Insurability is required. If approved, the coverage will take effect on April 1st, or if later, the date of the underwriting approval. If the application is made more than 31 days after the day the Employee becomes eligible, but during the first annual enrollment period occurring after the Employee becomes eligible, and the person was not eligible on the effective date of the policy, coverage will take effect on the next following anniversary date occurring on April lst. Current enrollees will be allowed to increase coverage during the annual enrollment period without Evidence of Insurability. The new Schedule Amount will take effect on the next following anniversary date occurring on April 1st. The Pre - Existing Condition Exclusion will apply to all new applicants, as well as those currently insured under the current Voluntary Long -Term Disability plan and who are increasing their coverage; the Pre - Existing Condition Exclusion will only apply to the increased benefit portion. The effective date of the new Schedule Amount will be the date the Employee became insured for the purpose of determining the Pre - Existing Condition Exclusion period of any increase in coverage. CITY OF STILLWATER 1419 Page 1 B. Class and Benefit Summary Class Number: 01 02 Eligible Class: City Manager, City Clerk, and Department Heads earning $30,000 or more in annual pay All Other Eligible Full -Time Employees Employer Premium Contribution: 0% 0% Initial Premium Rate: See table below See table below Initial Premium Rate Guarantee: 21 months until April 1, 2015 21 months until April 1, 2015 Elimination Period: 90 consecutive calendar days 90 consecutive calendar days Minimum Hourly Work Requirement: 25 hours per week 25 hours per week and earning a minimum of $12,000 per year Waiting Period: 30 days 30 days Evidence of Insurability: Required for Late Enrollees, Increases and amounts exceeding the Guarantee Issue, except as specified under the Annual Open Enrollment Period Required for Late Enrollees, Increases and amounts exceeding the Guarantee Issue, except as specified under the Annual Open Enrollment Period New Employee Eligibility Date: First of month following completion of the Waiting Period First of month following completion of the Waiting Period Minimum Participation Required: Greater of 25% or 10 lives all classes combined Greater of 25% or 10 lives all classes combined Leaves and Sabbaticals: Coverage with premium payment while on FMLA leave; Coverage with premium payment until the end of the month following the month in which a Paid or Unpaid Leave began; Coverage with premium payment until the end of the month following the month in which a Layoff began; Coverage with premium payment until the end of the month following the month for a transfer to part-time employment Coverage with premium payment while on FMLA leave; Coverage with premium payment until the end of the month following the month in which a Paid or Unpaid Leave began; Coverage with premium payment until the end of the month following the month in which a Layoff began; Coverage with premium payment until the end of the month following the month for a transfer to part-time employment Definition of Disability: Zero Day Zero Day Own Occupation Period: 60 months including the Elimination Period 36 months including the Elimination Period Any Occupation Period: From the end of the Own Occupation Period to the end of the Maximum Benefit Period From the end of the Own Occupation Period to the end of the Maximum Benefit Period CITY OF STILLWATER 1419 Page 2 Class Number: 01 02 Eligible Class: City Manager, City Clerk, and Department Heads earning $30,000 or more in annual pay All Other Eligible Full -Time Employees Cumulative Elimination Period: 15 Calendar Days 15 Calendar Days Recurrent Disability: 6 months 6 months Predisability Earnings: Base pay plus Commissions averaged over 12 months Base pay plus Commissions averaged over 12 months Maximum Monthly Covered Salary: $8,333 $8,333 LTD Benefit Percentage: Up to a maximum of one $100 increment level beyond 60% of Predisability Earnings Up to a maximum of one $100 increment level beyond 60% of Predisability Earnings Maximum Monthly Benefit: $5,000 elected in $100 increments with a minimum election of $500 $5,000 elected in $100 increments with a minimum election of $500 Guarantee Issue: $5,000 $5,000 Minimum Monthly Benefit: $100 $100 Work Incentive Period: First 12 months of Disability with Work Earnings First 12 months of Disability with Work Earnings All Sources Threshold: 70% 70% All Sources Period: Duration of benefits Duration of benefits Sick Pay: Sick Pay plus LTD Benefit to 100% of Predisability earnings during the 1 S` 12 months of disability starting on the day you become entitled to it Sick Pay plus LTD Benefit to 100% of Predisability earnings during the 1st 12 months of disability starting on the day you become entitled to it Social Security Integration: Full Family Full Family Freeze Type: General Freeze General Freeze Pre - Existing Condition Exclusion: 6 months /6 months /24 months 6 months /6 months /24 months Mental Disorder Limitation: 24 Months Lifetime unless hospital confined, with recovery 24 Months Lifetime unless hospital confined, with recovery Substance Abuse Limitation: 24 Months Lifetime unless hospital confined, with recovery 24 Months Lifetime unless hospital confined, with recovery Claim Payment Method: Monthly Monthly CITY OF STILLWATER 1419 Page 3 Class Number: 01 02 Eligible Class: City Manager, City Clerk, and All Other Eligible Full -Time Department Heads earning Employees $30,000 or more in annual pay Child- Family Care Expense Included Included Adjustment: Conversion Benefit: Included Included Reasonable Accommodation Included Expense Benefit: Included Rehabilitation Benefit: Included Included Survivor Benefit: Included Included Initial Premium Rate: Age Rate per $100 of Monthly Benefit Less than 25 0.22 25 -29 0.30 30 -34 0.46 35 -39 0.72 40 -44 1.19 45 -49 1.92 50 -54 2.97 55 -59 3.40 60+ 3.67 CITY OF STILLWATER 1419 Page 4 Maximum Benefit Period: Classes 01, 02: Age at Disablement Benefit Duration* _ Less than age 60 to age 65 60 - 64 to age 65 or 36 months, whichever is longer 65 - 67 24 months 68 — 69 18 months 70 — 71 15 months 72 or older 12 months *To the later of: 1) the specified length of time as stated above, or 2) the day before attaining the Social Security Normal Retirement Age under the United States Social Security Act, as revised. C. Payment of Premiums 1. Premium Due Date. Premium is due on the 1st of the month to which coverage for such premium applies (e.g., premium for coverage in October would be due October 1st) 2. The premium due on each Premium Due Date is the sum of the premiums for all Insured Persons under the Group Policy. Premium rates for each Employer covered under the Group Policy are shown in the Employer's Joinder Agreement. 3. The Employer detennines the amount, if any, of each Insured Person's contribution toward the cost of insurance. 4. Each premium is payable on or before its Premium Due Date directly to the Insurer at their home office. 5. Premium is due for an Insured Person for each month in which such employee is covered under the Group Policy. The Employer must notify the Insurer immediately whenever an employee becomes eligible or ceases to be eligible for coverage. Effective dates of coverage or termination dates which occur mid -month will be billed as follows: a) If the effective date of coverage is between the 1st of the month and 15th of the month, premium for an entire month will be due to the Insurer. If the effective date of coverage is between the 16th of the month and the end of the month the Employer will be billed for the next full month of coverage. The Insurer does not prorate premium. b) If the date coverage ends is between the 1st of the month and the 15th of the month, no premium will be due for that month. If the date of termination is between the 16th of the CITY OF STILLWATER 1419 Page 5 month and the end of the month the Employer will be responsible for an entire month's premium. 6. All premiums will be based upon information provided by the Employer in the Census Reports. D. Changes in Premium Rates. 1. Special Circumstances. The Insurer may change premium rates, to be effective on the next Premium Due Date, if any of the following occur: a) A change or clarification in a law or governmental regulation affects the amount payable under the Group Policy. Any such change in premium rates will reflect only the change in the Insurer's obligations. b) One or more changes occur in the factors material to the underwriting risk the Insurer assumed under the Group Policy with respect to the Employer, including, but not limited to, the number of persons insured, age, Predisability Earnings, gender and occupational classification. c) The premium contribution arrangement for insured employees changes or varies from that stated in the Employer's Joinder Agreement when issued or last renewed. d) Plan design changes are requested by the Employer. e) The Insurer and the Employer mutually agree to change premium rates. 2. In all other cases, and subject to a period for which the Insurer has provided the Employer with a written rate guarantee, the Insurer may change premium rates upon 60 days advance written notice to the Employer. Any such change in premium rates may be made effective on any Premium Due Date, but no such change will be made more than once in any Contract Year. Contract Years means successive 12 -month periods computed from the end of the initial rate guarantee period, or from a time agreed to in writing by the Employer and Insurer. E. Premium Adjustments. Premium adjustments involving a return of unearned premiums to an Employer will be limited to the 12 months just before the date the Insurer receives a request for premium adjustment. F. Information Required from Employer 1. The Employer will furnish all information reasonably necessary to administer the Group Policy, including but not limited to the following: a) At least one Census Report during each plan year, no later than six months prior to the next plan renewal date. The Census Report means a written report providing the following information for each Employee insured under the Group Policy: name, social security number, date of birth, gender, occupational class, annual Pre - disability Earnings as defined under the Group Policy and the amount of coverage. b) A list of all eligible employees and documentation supporting employee eligibility under the Group Policy. c) Information about employees who become eligible, whose amounts of coverage change and/or whose coverage ends. d) Occupational information and any other information that may be required to manage a claim. e) Notification of an Employer's change in legal status, expansion of business, dissolution, merger, buyout or any other significant business operational change. f) Notice of any additional eligible employee segment(s). CITY OF STILLWATER 1419 Page 6 g) Any other information that may be reasonably required. 2. The Employer must provide such information to the Insurer or its agents in a regular and timely manner as may be reasonably specified by the Insurer and/or its agents. The Insurer and its agents have the right at all reasonable times to inspect the payroll and other records of the Employer which relate to insurance under the Group Policy. G. Grace Period and Termination for Nonpayment 1. If a premium is not paid on or before its Premium Due Date, it may be paid during the Grace Period. The coverage under the Group Policy will remain in force during the Grace Period. 2. Grace Period means the 31 days following the Premium Due Date. 3. If the premium for coverage is not paid during the Grace Period, the coverage under the Group Policy will terminate automatically at the end of the Grace Period. 4. The Employer is liable for premium for coverage during the Grace Period. The Insurer may charge interest at the legal rate for any premium which is not paid during the Grace Period, beginning with the first day after the Grace Period. H. Termination for Other Reasons 1. The Policyowner may terminate the Group Policy and the Employer may terminate coverage under the Group Policy by giving the Insurer at least 60 days written notice. The effective date of termination will be the later of: a) The date stated in the notice; or b) The Premium Due Date immediately following date the Insurer receives the notice. 2. The Insurer may terminate coverage under the Group Policy as follows: a) On any Premium Due Date if the number of persons insured is less than the minimum participation number or less than the minimum participation percentage provided for under Employer's Joinder Agreement. b) On any Premium Due Date if the Insurer determines that the Employer has failed to promptly furnish any necessary information requested or has failed to perform any other obligations relating to the Group Policy or coverage under the Group Policy. c) On any Premium Due Date by giving the Employer at least 60 days advance written notice. d) On the date the Employer breaches any part of the Entire Contract. I. Certificates. The Insurer will prepare Group Long Term Disability Certificates of Coverage setting forth the main features of the Group Policy applicable to each Insured Person. The Insurer and Employer may agree to distribute the Certificates to Insured Persons in paper format, or to make the document available and accessible for review by Insured Persons on the Employer's website. The Employer will be responsible for providing sufficient notice to the Insured Person of the existence and availability of the Certificate, including instructions on how to view the document, and a statement that a paper copy of the document will be made available upon request. Upon receiving such a request from either the Employer or Insured Person, the Insurer will provide a written copy of the Certificate to the Employer for distribution to the Insured Person. If the terms of the Certificate of Coverage differ from the terms of the Employer's coverage under the Group Policy, the latter will govern. CITY OF STILLWATER 1419 Page 7 J. Agency and Release. Individuals selected by the Employer to secure coverage under the Group Policy or to perform their administrative function under it, represent and act on behalf of the person selecting them and do not represent or act on behalf of Madison National Life Insurance Company. The Policyowner, Employer and such individuals have no authority to alter, expand or extend the Insurer's liability or to waive, modify or compromise any defense or right the Insurer may have under the Group Policy. The Policyowner and Employer hereby release, hold harmless and indemnify Madison National Life Insurance Company from any liability arising from or related to any negligence, error, omission, misrepresentation or dishonesty of the Policyowner or Employer respectively, or any of their respective representatives, agents or employees. K. Notice of Suit. The Policyowner and Employer shall promptly give the Insurer written notice of any lawsuit or other legal proceedings arising under the Group Policy. L. Entire Contract and Changes 1. The Group Policy, the Group Long Term Disability Insurance Certificate of Coverage, the Employer Joinder Agreement, the applications of the Policyowner, Employers and employees and any applicable riders, addenda and/or amendments constitute the Entire Contract. 2. The Group Policy may be changed in whole or in part. No change in the Group Policy will be valid unless it is approved in writing by one of the Insurer's executive officers and given to the Policyowner for attachment to the Group Policy. No change in an Employer's coverage under the Group Policy will be valid unless it is approved in writing by one of the Insurer's executive officers and given to the Employer for attachment to their Joinder Agreement. No agent has authority to change the Group Policy or an Employer's coverage under the Group Policy or to waive any provisions thereof. M. Effect on Workers' Compensation, State Disability Insurance. The coverage provided under the Group Policy is not a substitute for coverage under a Workers' Compensation or state disability income benefit law and does not relieve the Employer of any obligation to provide such coverage. N. The undersigned Employer adopts and agrees to be bound by the terms and conditions of National Insurance Services Trust Agreement, as amended from time to time (the "Trust Agreement ") and master group policy. Copies of these documents are available for employer review at Madison National Life Insurance Company, 1241 John Q. Hammons Drive, Madison, WI 53717. 0. The Trust is a vehicle for obtaining group insurance plans in which employers join together as a single policyholder for the purchase and maintenance of group insurance policies. P. The Trust's Administrator shall provide participating employers the necessary information for applicable State and Federal compliance reporting requirements. CITY OF STILLWATER 1419 Page 8 Q. The signatures below constitute acceptance of the undersigned employer as a participating member of the Trust. Signed into effect this 1 day of 11 / , 20 G. Signature of Authorized Employee of Employer Signature of Authorized Employee of Employer Administrator: National Insurance Services of Wisconsin, Inc. By: Bruce A. Miller, President May 17, 2013 0.,\Aae_\ ock ) viaye Printed Name & Title of Authorized Employee Printed Name & Title of Authorizd Employee CITY OF STILLWATER 1419 Page 9 THE IHC GROUP Independence Holding Company NOTICE OF PRIVACY PRACTICES AND PROTECTION This Privacy Notice is provided for your information -- keep a copy of it for your records. No response is required or requested. Customer Privacy Is Our Business - We value our relationship with our customers and are dedicated to providing them with exceptional service and competitive product offers. As part of our dedication to servicing their insurance needs, we are committed to protecting the confidentiality of nonpublic personal infonnation about our customers. This Privacy Notice will help you understand what type of information we collect about insured individuals, how the information we collect is used, and what measures we take to protect that information. What Information We Collect And How We Collect It - Depending on the type of product, we collect nonpublic personal information about insured individuals that may include: • address, • telephone number, • social security number, • account information, • income, • employment, • health status, and • other personal information relevant to their coverage. We collect such information primarily from information we receive from individuals on applications or other forms. We may also collect information through telephone conversations or other electronic means, such as internet "cookies" (data stored on a computer by an internet browser when you use the intemet to access our website) that may be used to track website usage, remember passwords customers create, and provide customers with website content specific to their needs and interests. We may also obtain information from third parties such as employers, non-affiliated insurers, physicians, hospitals and other medical providers. How Information Is Protected - We restrict access to nonpublic personal information to those employees who need to know that information to provide products or services to our customers. We maintain physical, electronic, and procedural safeguards that comply with federal and state regulations to guard such information. Information about insured individuals is accessed by our employees only when such access is necessary to conduct our business, For example, we may access information to offer other compatible products or services we provide, to process customer requests, and to administer our products or services. All employees are required to maintain the confidentiality of nonpublic personal information and to follow policies we establish to secure such confidentiality. Additionally, we require third parties to whom we disclose nonpublic personal information, or who receive or handle such information on our behalf; to adhere to our standard of privacy protection and to establish information security procedures. Disclosure - We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. Information will only be disclosed for such purposes as conducting and auditing our business, administering the business of affiliated organizations, responding to requests from government authorities, or as authorized or requested by an insured individual. Such disclosures include, but are not limited to: • Affiliates — we may provide information to affiliated companies to enable them to provide business services for us such as claims processing, underwriting, and maintenance of your accounts, and to offer products and services we provide. • Agents and Brokers — we may provide infonnation to enable agents and brokers to provide business services for us and to offer products and services we provide. • Joint Marketing — we may provide information to non - affiliated third parties to jointly market insurance products or services. • Lending Institutions — we may provide information to non - affiliated lending institutions, such as banks and credit unions, to offer products and services we provide, and to provide business services for us. • Government Entities — we may provide information upon request from a State Department of Insurance or other government entity. The purpose for the request may be to prevent fraud, conduct an audit of our business practices, or for any other reason for which the goverment entity is legally permitted to request information. • Servicing organizations - we may provide information to servicing organizations such as TPAs, reinsurers, attorneys, accountants, actuaries, underwriters, and other such organizations to enable them to provide business services for us. We do not share, trade, sell, exchange or in any other way disclose nonpublic personal information except as stated abov e or to otherwise conduct the business of insurance. About this Privacy Notice - The examples contained in this Privacy Notice are provided as illustrations and are not a comprehensive account of the rights of any party under applicable federal and state laws. The policies and protections indicated in this Privacy Notice will remain effective even after an individual's coverage is terminated, to the extent we retain information about that individual. We may change this Privacy Notice at any time and will inform you of any changes as required by law. Other applicable privacy protections may exist under state laws and we will comply with all applicable state laws when we disclose information about individual insureds. This Privacy Notice is distributed on behalf of the following Independence Holding Company entities and their affiliated organizations: - Standard Security Life Insurance Company of New York - Madison National Life Insurance Company, Inc. - Independence American Insurance Company For additional information, contact us at: Attn: Privacy Committee Post Office Box 5008 Madison, WI 53705 IIlCpn -I D -0509 News about Your Long -Term Disability Insurance Plan To better serve your needs, the insurance company for your Long Term Disability Insurance plan has changed to: Madison National Life Insurance Company, Inc. (MNL). No action is required on your part. There is no change to your Long -Term Disability Insurance benefits other than the insurance carrier. MNL has provided insurance products to employer groups for nearly 30 years. MNL is rated "A -" (Excellent) by A.M. Best Company, a widely recognized rating agency that rates insurance companies on their relative financial strength and ability to meet their obligation to their insureds. The A- rating is the 4th highest of 15 possible ratings as of November 21, 2011. MNL, headquartered in Madison, Wisconsin, was founded in 1961. MNL is a wholly - owned subsidiary of Independence Holding Company, a -NYSE listed corporation (Symbol IHC) with principal interests in the Life and Health Insurance business. MNL provides innovative products that address unique public sector issues such as state offsets, nine -month work schedules and collective bargaining agreements for school districts, cities, towns, counties and municipalities nationwide. Their Midwestern roots form a strong foundation for strong customer service. For questions about your plan, please contact: OcHS I NC® THE MUNICIPAL POOL Ochs, Inc. Toll -Free 1.800.392.7295 Email: ochs @ochsinc.com For claims questions, please contact: Madison National Life Insurance Company Independence Holding Group MNL Customer Service Toll -Free 1.800.356.9601 ext 2410 Website: www.madisonlife.com #121- ochs.mnl.rev.03.13 THE BIRTHPLACE OF MINNESOTA Receipt Number Check No. Amount Paid: Fee: $100.00 APPLICATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant TARGET #931 / Home Address Name of Business TARGET #931 2021 Business Address MARKET DRIVE Corporate Address (if different than business address) Telephone (Business): L0Ei" Lk5 I° O1 2- Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/9/2013 Location of Display INSIDE THE STORE @ TARGET #931 Hours of Operation: 'c I- l)piiy REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount of not Tess than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor sales) drawn to scale or with dimensions included. Sign g re o pplicant (kjr agent) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief. Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: ACORD� CERTIFICATE OF LIABILITY INSURANCE L.------- 11/1/2013 DATE(MM/DD /YYYY) 4/9/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC 11 3280 Peachtree Road NE, Suite 800 Atlanta GA 30305 (404) 460-3600 CONTACT NAME: PHONE FAX (A/C No Ext): I(A/C, No): E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Scottsdale Insurance Company 41297 INSURED American Promotional Events, Inc. 1359629 DBA TNT Fireworks, Inc. P.O. Box 1318 4511 Helton Drive Florence AL 35630 INSURER B : CPS1612503 INSURER C : 11/1/2013 INSURER D : $ 1.000,000 $ 100,000 INSURER E INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 12292513 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENE BILITY N N CPS1612503 11/1/2012 11/1/2013 EACH OCCURRENCE $ 1.000,000 $ 100,000 DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5.000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES POLICY PRO- JECT X PER: LOC PRODUCTS - COMP /OP AGG $ 2.000.000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _AUTOS SCHEDULED AUTOS NON -OWNED NOT APPLICABLE COMBINED SINGLE LIMI r (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXX30�XX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENT ON $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER /MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A NOT APPLICABLE ITORY ATUd IOT E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. Certificate holder is an additional insured on the General Liability as required by written contract subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION 12292513 TARGET 0931 CITY OF STILLWATER 2021 MARKET DRIVE STILLWATER MN 55082 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ©fi988 110 ' CORD CORP - • TION. All rights reserved AMENDMENT TO ADDENDUM A OF AGREEMENT FOR CONTINUING DISCLOSURE SERVICES The Agreement date May 18, 2010 for continuing disclosure and /or arbitrage rebate between City of Stillwater, Minnesota ( "Client ") and Springsted Incorporated ( "Advisor ") is hereby amended as follows: Client and Advisor agree that the following Client debt obligation(s) will be added to Addendum A, Continuing Disclosure Services and be subject to the terms and provisions contained in the original Agreement: $1,450,000 General Obligation Capital Water Revenue Bonds, Series 2013A City of Stillwater, Minnesota The foregoing Amendment is hereby entered into, effective , 2013, on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated David MacGillivray Client Representative Title Title 000784.112 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol and Gambling Enforcement Bureau of Criminal Apprehension Driver and Vehicle Services Emergency Communication Networks Homeland Security and Emergency Management Minnesota State Patrol Office of Communications Office of Justice Programs Office of Pipeline Safety Office of Traffic Safety State Fire Marshal State Fire Marshal 444 Cedar Street • Suite 145 • Saint Paul, Minnesota 55101 -5145 Phone: 651 -201 -7200 • Fax: 651 -215 -0525 • TTY: 651 -282 -6555 www.dps.state.mn.us DATE: July 31, 2012 TO: Minnesota Retailers Association 400 Robert St N # 1540 Saint Paul, MN 55101 Yi As Minnesota State Fire Marshal, I'm submitting this open letter to your members and asking you to share it with them in the interest of safety and property preservation. Summertime in Minnesota brings more outdoor weddings, celebrations and cultural events. Often, these events include the use of items defined by Minnesota law as fireworks. Some fireworks retailers sell items called "Sky Lanterns" or "Celebration Lanterns." They require heat from a candle to raise them skyward, where they blow out of sight and land wherever fate drops them. The devices are illegal in Minnesota because they pose a distinct fire and safety threat to buildings, homes, natural settings and livestock. When Minnesota fireworks law was revised in 2002 to legalize non - explosive, non - aerial fireworks, sky lanterns remained unlawful for consumer use. Minnesota Statute 624.20 Subdivision 1 (a) describes them in a list of illegal items as "...the type of balloons which require fire underneath to propel them." Minnesota Statute 624.21 states in part that: "Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks." Minnesota Statute 624.25 (3) states that: "Any person violating the provisions of sections 624.20 to 624.24 ... may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both." While the statues are not simple to sort out, the bottom line is this: It is illegal to sell or use sky lantern devices within the state of Minnesota. At present, the State Fire Marshal Division is not actively confiscating these items or seeking legal action against retailers who have sold them in the past, but instead is providing information to retailers so they can voluntarily remove these items from their shelves. Consumers who have already purchased sky lanterns should be encouraged to return them for refund or dispose of them safely without using them. For more information on Minnesota fireworks law, visit the Minnesota State Fire Marshal Division website at: https: / /dps.mn.gov /divisions /sfm!programs- services /Pages /Fireworks- lnformati on.aspx EQUAL OPPORTUNITY EMPLOYER May -June 2013 issue of Minnesota Cities magazine Safety Q: Can we use or allow sky lanterns in community celebrations? LMC: LMC As summer approaches, cities begin to think about special events. Often, these celebrations involve fireworks. Some fireworks retailers last year also carried a product called "sky lanterns." A sky lantern is made of paper, wire, and a small fuel pad. When the inside is lit, the heat helps to raise it skyward like a small hot air balloon. Essentially, it is a floating fire ball that goes wherever the wind carries it. Although sky lanterns may look beautiful when released, they are illegal in the state of Minnesota. Sky lanterns have already caused fires around the globe, as well as injuries and even death. A sky lantern may land when the flame is weak but still burning, so there is significant fire potential if they land on flammable vegetation or buildings. The bottom line is that it is illegal to sell or use sky lanterns in Minnesota. Doing so could result in up to 90 days in jail, or a fine of not more than $1,000, or both. Learn more from a State Fire Marshal memo (pdf) Summary of Proceedings Washington County Board of Commissioners May 14, 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 Miron – reported he received an e-mail from a constituent regarding high speed internet access and noted this might be something for the Board to consider supporting; he attended the Metropolitan Emergency Services Board meeting; and he attended the Youth Service Bureau and City of Forest Lake recognition for Officer John Glader who received the James Trudeau Award; - Commissioner Lehrke – reported she attended the Cottage Grove Wal-Mart ground breaking; she attended the Denmark Historical Society “Save our School” event which has now raised all the funds necessary to purchase the historic schoolhouse; and she attended the Extension Committee and reviewed the 2014 budget; - Commissioner Weik – reported she attended the controlled burn at the Lake Elmo Regional Park Reserve and while there she noticed the good work of the Sentence-to-Service work crew of clearing buckthorn from the area. Community Services Approval of the following actions: - Contract with LifeStyle Adult Day Center to provide Home and Community Based Services for the Medical Assistance Waivers and Alternative Care Grant; - Contract with Forever Cares Home Care to provide Home and Community Based Services for Medical Assistance Waivers and Alternative Care Grant. County Attorney Approval of the following actions: - Use of fund balance in the County Attorney’s forfeiture fund for the purchase and installation of an A/V system in the County Attorney’s conference/training room; - Joint powers agreement with the State of Minnesota, Department of Corrections, Office of Policy and Legal Services for reimbursement of prosecution costs involving inmates of state correctional institutions located in Washington County. General Administration Approval of the following actions: - April 30, 2013 County Board meeting minutes; - Revised Policy No. 1003, County Mission Statement, Goals, and Values; - Resolution No. 2013-058, application to the Legislative-Citizen Commission on Minnesota Resources for grant funds to acquire property along the St. Croix River in the City of Stillwater through the Washington County Land and Water Legacy Program; - Legislative update presented; - Suspend rules to add the Residential Survey to the May 21st agenda prior to General Administration and Commissioner Reports; - May 21st Board meeting to start at 8:30 a.m. - Board correspondence was received and placed on file. Library Approval of the following actions: - Resolution No. 2013-052, one-time adjustments to Library hours for 2013; - Resolution No. 2013-053, Washington County Library Policies; - Resolution No. 2013-054, acceptance of donation from the Wildwood Lions Club for the Wildwood Library in the amount of $1,250. Property Records and Taxpayer Services Approval of the following actions: - Plat for J V Peterson Addition located in West Lakeland Township; - Plat for Jasper Estates located in Grey Cloud Island Township. Public Health and Environment Approval of the following actions: - Appointment of Terence Derosier, Grant, to the Washington County Minnesota Extension Committee, to a first term expiring December 31, 2015; - Board workshop for an overview of water resources and subsurface sewage treatment system programs. Public Works Approval of the following actions: - Supplemental agreements 8, 9, 10 and 14 in the amount of $345,627.34 to the CSAH 2 Broadway Avenue reconstruction project with Redstone Construction; - Resolution No. 2013-055, Lake Elmo Park Reserve deer management; - License for the use of real property to the Minnesota Department of Natural Resources allowing them to moor a boat in the cove at St. Croix Bluffs Regional Park, access to the boat, and to park a vehicle in the boat launch parking lot in order to conduct creel surveys on the St. Croix River. Regional Railroad Authority Approval of the following actions: - Grant SG-2013-052 with the Metropolitan Council in the amount of $1,750,000 for construction of the Newport Transit Station; - Sub-recipient agreement SG-2013-050 with the Metropolitan Council in the amount of $475,000 for construction of the Newport Transit Station; - Amendment No. 2 for the Counties Transit Improvement Board Grant No. 1-2011-09B to extend the term of the grant agreement; - Amendment No. 3 for the Counties Transit Improvement Board Grant No. 1-2011-09C to increase the grant award an additional $405,000 for the development of the Newport Transit Station; - Resolution No. RRA-2013-003, development agreement with the City of Newport for the Newport Transit Station. Sheriff’s Office Approval of the following actions: - Resolution No. 2013-056, agreement with the United States Department of Justice, Drug Enforcement Administration; - Resolution No. 2013-057, recognizing Law Enforcement Memorial Day and Law Enforcement Memorial Week in Washington County: - Sheriff provided an overview of the 19th Annual Law Enforcement Memorial to be held at Noon on May 15, at the Historic Courthouse. 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. AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 21, 2013 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of May 7, 2013 regular, recessed and executive session meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Resolution 2013-076, Certificate of Appreciation – Engineer Technician III, Ryan Smith (Resolution – Roll Call) VI. 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. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) 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. 11. Resolution 2013-077, directing payment of bills 12. Possible approval of Service Award – Scott Zahren – Heritage Preservation Commission 13. Possible approval of Service Award – Howard Lieberman – Heritage Preservation Commission 14. Possible approval of fireworks permit (retail) – Cub Foods 15. Resolution 2013-078, approval of renewal of professional services agreement with Regions Hospital, Emergency Medical Services 16. Resolution 2013-079, approval of distribution of Fire Department retired/out of service personal equipment 17. Resolution 2013-080, approval of group health adjustment for Mayor and Council 18. Possible approval of addition of roof top patio to Rafter’s liquor licensed premises area 19. Possible approval to purchase new backup system – MIS 20. Possible approval to hire replacement Engineering Technician 21. Possible approval of capital release - Library 22. Possible approval to purchase of sonar equipment for fire boat through Friends of Fire Fund IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 23. Case No. 2013-09. This is the date and time for a public hearing to consider a request from John Daly, representing The Freighthouse, for an amendment to The Freighthouse special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District, and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution- Roll Call) 24. Case No. 2013-10. This is the date and time for a public hearing to consider a request from Chuck Dougherty, representing St Croix Preservation, for a special use permit to allow outdoor music for The Water Street Inn at 101 Water Street South in the CBD, Central Business District and any variances related thereto and waiver of Noise Ordinance. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution-Roll Call) 25. Case No. 2013-14. This is the date and time for a public hearing to , to consider a request from Ryan Lettner for an amendment to the Quick Fire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District and any variances related thereto. . Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution-Roll Call) 26. Case No. 2013-15. This is the date and time for a public hearing to consider a request from Mark Balay, representing Lift Bridge Brewery, for a zoning text amendment to allow by special use permit an accessory outdoor sales area associated with a taproom license; also an amendment to the Lift Bridge Brewery special use permit to allow an accessory outdoor sales area at 1900 Tower Drive in the BP-O, Business Park Office District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution and Ordinance – 1st Reading-Roll Call) 27. Case No. 2013-16. This is the date and time for a public hearing to consider a request from Nancy Musser for a special use permit to allow the operation of a surrey and bicycle rental kiosk (Papa Wheelies Surrey Rental) at 204 North Main Street in the CBD, Central Business District and any variances related thereto. . Notices were mailed to affected property owners and published in the Stillwater Gazette on May 3, 2013 (Resolution- Roll Call) 28. This is the date and time for a public hearing to consider the assessments for demolition and cleanup of a single family home located at 402 Sycamore Street. Notices were mailed to the affected property owners and published in the Stillwater Gazette on May 3, 2013. (Resolution – Roll Call) 29. This is the date and time for a public hearing to consider the assessments for the transfer of train from public to private property. Notices were mailed to the affected property owners and published in the Stillwater Gazette on May 3, 2013. (Resolution – Roll Call) X. UNFINISHED BUSINESS 30. Possible approval of resolution providing for the competitive negotiated sale of G.O. Water Revenue Bonds, Series 2013A (Resolution – Roll Call) XI. NEW BUSINESS 31. Possible approval of bids and awarding contract for 2013 Street Improvement Project (Resolution – Roll Call) 32. Cost update on Lowell Park Restrooms XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT CITY COUNCIL MEETING MINUTES May 7, 2013 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:34 p.m. Present: Councilmembers Kozlowski, Menikheim (arrived late), Weidner, Polehna, and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Finance Director Harrison Community Development Director Turnblad Public Works Superintendent Moore Administration Secretary Manos OTHER BUSINESS Presentation regarding South Lowell Park Restrooms Architect Brian Larson reviewed three design options for the restrooms and led discussion on whether the building should be a foreground or background building. The new restroom building will be three feet higher than the existing building due to flood plain regulations, and about twice the size. Councilmember Polehna asked why the City is not looking at moving the restrooms to a different location further north in the park where there will be more activity in the future. Mr. Larson replied that was not his decision. Putting it in the middle of an active area makes sense, but clumping the building together with the pump house diminishes the impact on views. Community Development Director Turnblad added that the DNR limits the City’s authority to relocate buildings. The current restroom/pump house site is closer to the river than the normal 100 foot setback, but it is grandfathered in. The DNR is allowing a compromise to expand the building, but not to build it closer to the river. Mayor Harycki cautioned that the design with the most glass could attract bugs and be a cleaning nightmare. Councilmember Menikheim asked if the City needs a new restroom. Community Development Director Turnblad responded that in the 2008 comprehensive plan it became obvious that more restrooms were highly desirable. City Council Meeting May 7, 2013 Page 2 of 11 Councilmember Weidner asked when cost will be discussed. Mr. Larson answered that more work needs to be done to gather cost estimates on any particular design. Generally from the eaves down, the designs are essentially the same, with the biggest difference being the roof. Public Works Superintendent Moore stated there is $300,000-400,000 in park improvement funds. $285,000-300,000 is the estimated budget for the project. Councilmember Weidner stated he likes all three designs and would like to know which is least expensive. Mayor Harycki noted he likes the idea of extending the roof over the pump house. Councilmember Kozlowski stated he also likes all three designs but is concerned about cleaning a large amount of glass. Councilmember Polehna commented that the simplest design looks like a Frank Lloyd Wright house, as if you are adding onto a pump house. Councilmember Kozlowski inquired when the City will have to redo the pump house. Public Works Superintendent Moore responded that the pump house may still have 50 years of life left as the walls are one foot thick and 35 feet in the ground. Councilmember Kozlowski wondered if the pump house could be improved, because it does not make sense to add a nice restroom onto an ugly pump house. Councilmember Weidner stated he would prefer the design that marries the two buildings together the best. The third design with the roof extended over the pump house hides the fact that they are two independent buildings. Mayor Harycki summarized that it sounded like the Council likes Scheme A and Scheme E. He asked Mr. Larson to get costs on both designs so they can be compared. Possible approval of request for bonding for meter change out - Board of Water Commissioners Steve Speedling, president of the Water Board, and Robert Benson, manager of the Water Department, provided background on the meter replacement project, estimated to cost $1.45 million, which the Board is requesting the City to bond. George Vania of the Water Board added that the project is needed because the City has to remove lead from its meters and because the meters are about 20 years old. The Board bid this project with South St. Paul and Cottage Grove, bringing costs down. Three major manufacturers provided bids. Adam Nyberg of the Water Board stated the bid was awarded to Ferguson Water Works for $1.527 million. The Board has communicated information to customers. Construction and installation will take place from June 15 through the end of the year. Citizens will be advised a couple weeks in advance. Councilmember Menikheim mentioned that the City is well served by the Water Board. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to direct that Springsted & Co. be retained to assist the City in bonding for the water meter replacement. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Nays: None City Council Meeting May 7, 2013 Page 3 of 11 Discussion of Downtown business mix - Streeter Greater Stillwater Chamber of Commerce, Executive Director Todd Streeter, updated Council and staff regarding opportunities that the Downtown Revitalization subcommittee has identified that will generate a new, thriving downtown. The committee is requesting that the City fund studies needed to assess downtown’s current economic performance, consumer profile, and business mix. He presented two research proposals for consideration. Mayor Harycki asked if CVB funds have been identified to fund this. Finance Director Harrison responded there is about $26,000 remaining in the CVB fund. Councilmember Weidner commented that although the studies sound beneficial, he is not sure it is the City’s role to fund them. He asked what the public benefit would be. Community Development Director Turnblad responded there are several benefits, for instance, as a marketing tool when businesses seek to relocate in Stillwater as well as incorporating the information into the comprehensive plan. Mayor Harycki added that if Stillwater has higher downtown rents, there are higher property values and higher taxes, which benefits the City. He feels like this is a good use for the 5% that the City receives from the CVB. Councilmember Kozlowski stated decay happens very quickly. He would like to have a baseline of the business mix and an economic development strategy for the community. City Attorney Magnuson commented that if the City engages the professionals to do the study and contracts directly with them, it is OK. City Administrator Hansen stated since this just came in, he would like to talk more with City Attorney Magnuson and Community Development Director Turnblad and come back in two weeks with a recommendation for the Council. Councilmember Polehna commented if the study looks at economic and business development, it shouldn’t be just downtown. He agrees with the need for the study but feels it should encompass the whole City. Councilmember Kozlowski noted there is some urgency to focus on downtown, with bridge construction coming. Mr. Streeter stated the researchers will collect data on products and services offered throughout the entire trade area. Councilmember Polehna remarked that the proposals did not include doing an inventory of business or office space around Cub or the dome. Mr. Streeter answered that a bigger picture is needed, but with downtown Stillwater being a unique commercial district, it can start there and incorporate the rest of the area into the mix. Councilmember Weidner stated he believes the studies would benefit the City and business owners, mainly downtown, but he feels the financial burden should be shared with business owners. Mr. Streeter responded that downtown business owners have already invested substantial resources into this effort, about 2,700 hours so far, worth about $130,000 of sweat equity. City Council Meeting May 7, 2013 Page 4 of 11 Councilmember Polehna noted that the City is already making a $3 million investment downtown, so if business owners would make a financial commitment to help fund the proposals, it would help the Council. STAFF REPORTS Police Chief Gannaway reported that the Ironman Bicycle Race went very well. Next week is National Police Week. Wednesday, May 15, at noon, the Washington County Sheriff’s Department will host a memorial service honoring all law enforcement agencies in Washington County; the Council is invited. Community Development Director Turnblad indicated the City received a $9,000 grant from the Minnesota Historical Society for 2013-14 toward the second in the series of podcasts, focusing on historic residential structures. Also, the City has made a pre-grant application for a Livable Communities Met Council grant to finish the Brown’s Creek Trail connection. City Administrator Hansen noted he ordered public works to put signs together for Lily Lake and erect them by May 15. He would like the Council to close the beach for this season, at a minimum. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to close the Lily Lake beach for 2013. All in favor. ADJOURNMENT The meeting was recessed at 6:14 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:03 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 Finance Director Harrison Public Works Director Sanders Community Development Director Turnblad Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Councilmember Menikheim pointed out that on Page 2 of the Minutes, Lily Lake should be changed to Long Lake where it states “asked whether to include Lily Lake because that program involves only private access to the lake.” Also, on Page 5, possible appointments to various City Council Meeting May 7, 2013 Page 5 of 11 boards and commissions, the Heritage Preservation Commission had pulled their suggested appointments so that should not have been included in the motion. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the April 16, 2013 regular and executive session minutes as amended. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Swearing in of Officer Brent Campbell Police Chief Gannaway swore in Brent Campbell, the newest police officer. Group honors City for Legacy Fund projects - Paul Austin, Executive Director, Conservation Minnesota; and Sheila Smith, Executive Director, Minnesota Citizens for the Arts. On behalf of Conservation Minnesota, Minnesota Citizens for the Arts and the people who voted for the Legacy amendment, Paul Austin recognized the investment of Stillwater’s government and non-government organizations in protecting lakes and rivers and invigorating the local arts culture. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2013-068, directing payment of bills Possible approval to purchase of 3rd phase of virtualization project - MIS Resolution 2013-069, Resolution amending Resolution 2010-204, resolution establishing policies related to review of event application and Resolution 2013-040, resolution establishing a Police Reserve Fund Possible approval to purchase backend server/storage system – MIS/Police Possible approval to purchase a new evaporative condenser – Rec Center Possible approval to purchase a copier for Public Works – MIS/Public Works Possible approval of purchase of John Deere Gator for Parks Department Possible approval of letter of support for an LCCMR grant application for purchase of land for public use Possible approval of purchase of pump for Lift Station Possible approval of Sanitary Sewer adjustments Possible approval of Service Award – Aron Buchanan – Planning Commission Possible approval of Service Award – Carla Harvieux – Human Rights Commission Possible approval of Stillwater Trolley Parking Space (2) Lease Possible approval of temporary liquor license – St. Mary’s Catholic Church – September 8, 2013 Resolution 2013-070, Accepting work and ordering final payment for Downtown Pedestrian Walkway Public Restroom Possible approval of Dermco–Lavine quote for Liberty tennis court resurfacing Possible purchase of two mobile computers for Fire Department with grant from Washington County Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda. City Council Meeting May 7, 2013 Page 6 of 11 Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2013-07. A request from Lennar Corporation for a final plat, an amendment to a Planned Unit Development and an addendum to the Developers Agreement for Settlers Glen 9th Addition for 28 single family lots located at Outlot C, Settlers Glen in the CCR, Cove Cottage Residential District and any variances related thereto. Community Development Director Turnblad explained that the applicant is requesting approval of the Settlers Glen 9th Addition final plat which includes 28 cottage residential lots and three outlots for open space, drainage and utilities. The applicant also is requesting an amendment to the PUD to approve new house styles for the 9th Addition, because the homes offered by Lennar/US Homes have changed since the original approval of the PUD in 2000. The Planning Commission, Joint Board and staff have all reviewed the requests. Approval with 16 conditions is recommended. Mayor Harycki opened and closed the public hearing. There were no public comments. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013-071, A resolution approving the Final Plat for Settlers Glen 9th Addition, Case No. 2013-07; and Resolution 2013-072, A resolution approving the Final PUD Site Plan and Development Agreement for Settlers Glen 9th Addition, Case No. 2013-07. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Case No. 2013-08. A request from Cornerstone Land Surveying, Inc., representing Tom Garley, for an annexation, subdivision and zoning map amendment for the property located at 13295 Boutwell Road North in the Transitional Zoning District and any variances related thereto. Community Development Director Turnblad explained that the Garleys have agreed to sell property needed for the road access to the City’s new fire station and National Guard Readiness Center. In exchange, the Garleys are requesting that they be allowed to purchase the two homes currently on the property and move them onto their property. This requires a subdivision of their property. In order to create two lots as proposed, the applicant has requested the following: 1) annexation of 1.07 acres from Stillwater Township; 2) rezoning of 1.07 acres to TR, Traditional Residential; 3) preliminary plat approval of Cottonwood Trail Addition, a two-lot Residential Subdivision; and 4) waiver of Transportation Fee, Trout Stream Mitigation Fee, and Park & Trail Dedication Fee. Mayor Harycki opened and closed the public hearing. There were no public comments. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013-073, A resolution approving the Preliminary Plat for Cottonwood Trail Addition, Case No. 2013-08. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None City Council Meeting May 7, 2013 Page 7 of 11 UNFINISHED BUSINESS Discussion of possible Event Coordinator position Community Development Director Turnblad summarized that staff contacted nine other communities and has received responses from four of them regarding possible duties, including event permit administration, coordinating development of event contracts, doing reports for commission reviews, facilitating use of venues, scheduling public facilities, and maintaining a schedule of events. The question remains whether to make this a full time or part time job, and whether to reassign tasks that are currently done by City staff such as scheduling parks. He asked for input on the types of duties on the list and whether the council is interested in full time or part time. Councilmember Weidner responded that part of the job responsibilities could be helping set criteria for the different types of events, coordinate background checks for possible event holders and so on. Councilmember Polehna asked who is the point person now for event permits, and Community Development Director Turnblad answered that Engineering Secretary Beth Wolf is currently the central person, although other staff members who have anything to do with an event are involved. He feels that the position would make review smoother and take some of the load off the rest of the departments because the person would follow up and ensure the event organizers would interact as needed with appropriate City staff and provide the follow up needed for the events. Councilmember Kozlowski commented that he can foresee an increase in event applications with redevelopment downtown. Mayor Harycki asked what the range of pay will be. Community Development Director Turnblad replied that among other cities, for coordination full time, the top of the pay grade was about $60,000. Mayor Harycki stated he sees the position more as a coordinator perhaps with some light planning duties, for instance for Teddy Bear Park, but he cannot see the individual carrying out a major event. Councilmember Menikheim remarked he is in favor if it will help the City function better and ease current staff workload. Councilmember Polehna offered to gather more information on costs and job descriptions from other communities. City Administrator Hansen stated he will continue gathering information from private sector event coordinators. NEW BUSINESS Discussion on aquatic plant management funding Public Works Director Sanders reviewed the four different funding options presented at the last meeting: 1) improvement districts for each of the three lakes; 2) an improvement district for all three lakes combined; 3) a City-wide improvement district; and 4) using the storm water utility fund. He also looked at a hybrid of both using storm water utility funds and creating a lake improvement district for those property owners who are adjacent or within a view of a lake. City Council Meeting May 7, 2013 Page 8 of 11 Under the hybrid method, McKusick’s total management costs of $42,000 could be split, with $21,000 coming from the storm water utility funds and the remainder collected through a $300 charge to properties on the lake or with a view of the lake. The same follows for Long Lake’s $18,000 management costs, with the lake’s 70-80 property owners each paying $112 and the remaining cost to come from the storm water utility. This would involve a greater cost for those who have direct access to the lake and yet it also conveys the message that these lakes are a City-wide resource for which storm water utility funds may be used. The increase in storm water utility costs would be 60 cents per quarter or $2.40 a year for a single family home, with a higher rate increase for larger or commercial properties. Councilmember Weidner noted there are a lot of weeds that inhibit or prohibit recreational use of McKusick Lake. He understands that the DNR does not consider McKusick a lake (it is a wetland) and asked if the City can harvest those plants just for aesthetic purposes. Mayor Harycki responded that the City has done that in the past under DNR permit. Councilmember Menikheim stated he feels the Council is discussing treating the symptoms but not the cause of why the lakes are the way they are. Assessing the citizens’ money for the purpose of doing the same thing the City has done for ten years is pointless – what is washing into the lakes is causing the problems. He suggested finding a way to assess people to raise funds to look at the cause rather than the symptoms. The City should partner with the watersheds, the county and the state to mitigate the problems these community assets have, and look more at diversion to prevent runoff going into the lakes. Mayor Harycki responded that the Brown’s Creek Watershed District spent $1.98 million on projects and the City has spent hundreds of thousands of dollars to prevent runoff from going into the lakes. The plant management proposals are simply cosmetic. Councilmember Kozlowski stated the City should evaluate the lakes’ uses. He does not want to ask citizens to pay to keep trying to turn a wetland into a lake year after year. Councilmember Weidner stated he supports cosmetic improvements because when it stinks it is bad. His biggest question has to do with harvesting weeds down the middle of McKusick, which he does not consider cosmetic, but rather an attempt to make the lake a recreational area. Bruce Werre, 1314 Meadowlark Drive, of the McKusick Lake Homeowners’ Association, stated he was amazed at the conversation taking place. A year ago in January when previous Councilmembers were doubting whether to complete the lake plan for aquatic management, the City paid $25,000-30,000 for an expert to lay out a plan. It was his understanding that the City would use the existing storm water utility fund or increase the fund at a cost for everybody in Stillwater of a minimum of $5.20 a year. Tonight, he had anticipated a vote to increase the storm water fee so the City could proceed with a dedicated fund from here on forward to treat the surface water quality issues. He continued by stating that action is needed now and that the people of Stillwater, the wildlife and visitors are counting on it. He added he does not know where the information came from that McKusick is not a DNR designated lake. Public Works Director Sanders confirmed that the DNR web site shows McKusick as a wetland. Councilmember Polehna added that the DNR says Long Lake is also wetland. Mr. Werre stated there was an increase in 2006 to improve the surface water and quality of the lakes. He is very frustrated that the Council is waffling back and forth. He urged Councilmembers to do something for the lakes, the wildlife, and the future and vote for the increase in the storm water fee in order to move forward. City Council Meeting May 7, 2013 Page 9 of 11 Councilmember Weidner reiterated that his question had to do with whether or not harvesting down the middle of the lake related to aesthetic quality or recreational purposes. He questions whether spending $420,000 over ten years to harvest down the middle of the lake is judicious use of City money. City Engineer Sanders commented if the City wants to do harvesting or anything on the lake, the DNR will not grant a permit for aesthetics only, so the City came up with canoeing as a recreational source for the lake. Councilmember Menikheim responded that he has not had a chance to meet with Mr. Werre yet, but acknowledged that he wants to make sure the money gets spent as fairly as possible. He believes in treating the lakes as community assets, adding that he would not vote for $5.20 if the City is just going to throw the money at the same kinds of things it has done in the past. Mayor Harycki noted the City has spent at least eight years doing studies - far too many years. Motion by Mayor Harycki to raise the storm water utility fee to $5.20. Motion failed for lack of a second. Possible approval of the Downtown Parking Commission’s recommended 2014 parking lot rate Community Development Director Turnblad informed the Council that the Downtown Parking Commission analyzed capital costs for a downtown parking system and recommended a fee structure to cover all costs without relying on additional tax dollars. The recommendation is to charge a flat fee of $5 in all lots east of Main Street except Lot 9 (north of the Lofts) which will be the trailhead lot for Brown’s Creek Trail. To make the rate acceptable to residents, an annual residential pass would be available to residents of the City to park in any of the charge lots at a $10 charge to cover the cost of materials. He stated he will bring back a resolution for consideration at the June 4 Council meeting. Councilmember Kozlowski asked if the Marina Association could lease some spots or get guest permits. Community Development Director Turnblad replied that for Marina residents and regular guests, the $10 monthly permit is the answer. Otherwise staff can look at guest passes that could be purchased for the weekend or create some kind of a lease for certain spaces. Councilmember Kozlowski asked if the City could accommodate a couple more handicapped stalls in the lot by P.D. Pappy’s during construction. Community Development Director Turnblad replied when the stalls are re-striped, the City can provide more handicapped spots. Bill Buth, representing Mulberry Point Yacht Harbor’s 157 slip owners and 100 dry stackers, told the Council that parking is a primary concern. $10 a month is reasonable, however, he questioned whether the guests of a rented charter boat such as the Lady Chateau would all have to have a $5 or $10 permit. He urged the Council to keep the yacht owners in mind. If a guest cannot buy the $10 pass after City Hall business hours, there will be a problem. He also commended the Community Development Director Turnblad and Public Works Director Sanders who have been speakers at their meetings. Mayor Harycki asked if one resident pass per household is enough. Community Development Director Turnblad replied that the planning commission does not want to issue every family multiple passes because they will be distributed to friends. They want to make it possible for every household to park downtown at no cost, but need to find a way to do it so they are still able to pay the bills. City Council Meeting May 7, 2013 Page 10 of 11 Mayor Harycki stated it would be good to get comments on the proposed rates from business owners, perhaps at an informational meeting. Councilmember Polehna suggested sending a notice for distribution to the IBA. Community Development Director Turnblad agreed to bring back a resolution creating the rate system. For now, all he wanted was feedback. Possible approval of resolution rescinding Resolution 2013-048, approval of amendment number one to the agreement between the City of Stillwater and the Town of Stillwater for growth management, orderly annexation and the exercise of joint powers for planning and land use and control City Attorney Magnuson remarked there was a joint meeting of the Township Board and Council this summer and the parties wanted a five-year extension of the agreement so that is what he prepared. Now the Township appears to have a totally different view and wants to negotiate other provisions. Councilmember Weidner stated he asked it to be put back on the agenda, as it was clear that the Joint Board wanted to negotiate additional terms. Mayor Harycki noted that there are other terms the Township wants to tweak, so this is just resetting the Agreement back to the original language - it has nothing to do with terminating the agreement, it is just putting it back to the same base agreement that the parties had in the past. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2013-074, Approving resolution rescinding Resolution 2013-048, entitled “Approval of Amendment Number One to the Agreement between the City of Stillwater and the Town of Stillwater for Growth Management, Orderly Annexation and the Exercise of Joint Powers for Planning and Land Use and Control.” Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Possible approval of appointments to Heritage Preservation Commission Administration Secretary Manos reported that John Brach and Elizabeth Welty are the recommended candidates. Councilmember Menikheim stated there were five candidates interviewed. There also will be two openings on the HPC due to resignations last night, so the City needs to start advertising. Motion by Menikheim, seconded by Polehna, to adopt Resolution 2013-075, Appointing members to Heritage Preservation Commission. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Menikheim commented that Lift Bridge Brewery is interested in a zoning amendment to allow outdoor sales on a patio, and asked how to do that. Community Development Director Turnblad confirmed that Lift Bridge Brewery has applied to have outdoor seating as an extension of their taproom license. Outdoor sales are allowed by SUP in almost every other district, but not the business park office district, so they need an ordinance City Council Meeting May 7, 2013 Page 11 of 11 amendment. They have applied for the ordinance amendment and SUP which is going to the planning commission. If the City Council directs the amendment, then the applicant would not have to pay the $500 application fee. Mayor Harycki remarked that with the taproom open, the street is parked on both sides, cars dart out, and every weekend there are food wagons set up selling food, which he feels is shortchanging the brick and mortar businesses. It is not a commercial district. Councilmember Kozlowski replied they are bringing a lot of people to Stillwater and filling up hotel rooms. Councilmember Menikheim agreed that they are good corporate citizens. Community Development Director Turnblad stated he was not sure if they have a food vending permit but he can check it out. Mayor Harycki stated he does not want to hassle them, but the use just keeps expanding. Mayor Harycki mentioned he had been asked to accompany Greg Gartner and Todd Streeter to a show that deals with marketing traditional retail zones to the world, taking place in two weeks in Las Vegas. Council had no objections to him attending. ADJOURNMENT TO EXECUTIVE SESSION DISCUSSION ON POSSIBLE PURCHASE OF PROPERTY ON SOUTH EAST CORNER OF COUNTY ROAD 15 AND HIGHWAY 96. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn to Executive Session at 9:03 p.m. All in favor. Michael Polehna, Vice Mayor ATTEST: Larry D. Hansen, Acting City Clerk Resolution 2013-068, Directing the payment of bills Resolution 2013-069, Resolution amending Resolution 2010-204, resolution establishing policies related to review of event application and Resolution 2013-040, resolution establishing a Police Reserve Fund Resolution 2013-070, Accepting work and ordering final payment for Downtown Pedestrian Walkway Public Restroom Resolution 2013-071, A resolution approving the Final Plat for Settlers Glen 9th Addition, Case No. 2013-07 Resolution 2013-072, A resolution approving the Final PUD Site Plan and Development Agreement for Settlers Glen 9th Addition, Case No. 2013-07 Resolution 2013-073, A resolution approving the Preliminary Plat for Cottonwood Trail Addition, Case No. 2013-08 Resolution 2013-074, Approving resolution rescinding Resolution 2013-048, entitled “Approval of Amendment Number One to the Agreement between the City of Stillwater and the Town of Stillwater for Growth Management, Orderly Annexation and the Exercise of Joint Powers for Planning and Land Use and Control” Resolution 2013-075, Appointing members to Heritage Preservation Commission City o. ti.QQuoaten, Jl omesota Cetititicate (4, <Apptteeiatiout pkeseutted to RESOLUTION 2013 -076 Ryan Smith WHEREAS, Ryan Smith, has resignedfrom City Employment as Engineer 'Technician 111, effective May 17, 2013. NOW THEREFORE, BE IT RESOLVED, by the City Counc it of the City of Stillwater, .Minnesota, that for his dedicated service to the City, Ryan Smith is hereby commended for serving the City faithfully, efficiently, and courteously for over 14 years. The Councilregrets that he has resignedfrom City Employment, however extends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized anddirectedto enter this Certificate of Appreciation upon the Official Record of the Council and to deliver a certified copy thereof to Ryan Smith. Adopted by the City Council this 21st day of .May, 2013. • r • • EXHIBIT "A" TO RESOLUTION #2013 -77 LIST OF BILLS Ace Hardware Advanced Graphix Inc. Alex Air Apparatus, Inc. Amdahl Locksmith, Inc. Chris Anderson - Arbitrator Richard Animal Humane Society Aramark Uniform Services, Inc Aspen Mills Blue Tarp Financial Board of Water Commissioner Bolton and Menk, Inc. Braun Intertec Corporation Brent Richter Consulting Brock White Co. LLC Business Data Record Services Carquest Auto Parts CDW Government, Inc. Century Link Century Power Equipment Chemsearch City View Electric, Inc. Clark Dan CMI, Inc. Cole Papers Comcast Crossings by Grandstay Inn ECM Publishers, Inc Emergency Apparatus Maintenanc Emergency Medical Products, In Ess Brothers & Sons Inc. Frontier Ag & Turf Fury Dodge Chrysler Gertens Wholesale Gopher Bearing Gopher State One Call, Inc. Government Acct. Standards Board Grafix Shoppe Hildi Inc Hotsy Equipment of Minnesota Ice Skating Institute International Code Council, Inc. Interstate Battery System Of Minneapolis ITL Patch Co., Inc. J.H. Larson Electric Jimmys Johnnys, Inc. Supplies Graphics Hurst cutting tool Mens restroom repair deadbolt Professional services Animal shelter Uniforms and mats Uniforms Molded forklift seat April 2013 WAC Charges Professional services Professional services Critical incident stress mgmt consultati Detack crafco Confidential recycling containers Auto parts and supplies APC Back ups ES 8out 550 VA Green UPS Phone Supplies Yield aerosol Annual FA Inspection Custodian Cyl, EGS Aeroblu foam Telephone and Internet 1st Qtr Lodging Tax Overpayment Refund Publications Repair Sprague and BP matched set Manholes, lids, rings, wrap, and grates Supplies Repair and service Bedding mix Gat b85 Tickets GASB Subscription Non reflective kit for new 2013 ford int Actuarial disclosures Wand dual trigger 48in Dazzling Decades April 2013 John Nobles membership 24M -XHD Emblems and badges Supplies Toilet rental Page 1 626.98 175.00 8,261.44 149.00 2,672.20 334.91 1,132.06 886.16 106.86 13,761.00 2,050.00 1,598.50 250.00 352.69 406.93 391.91 229.57 371.35 185.03 177.11 251.00 1,057.50 104.00 831.97 924.92 444.00 1,063.89 1,349.24 40.39 7,971.27 3,731.95 2,958.28 598.13 218.57 222.45 225.00 630.00 195.00 79.14 25.00 50.00 96.13 191.25 500.90 51.30 EXHIBIT "A" TO RESOLUTION #2013 -77 John Deere Landscapes /Lesco JRK Seed & Turf Supply Lake Country Door, LLC Law Enforcement Targets, Inc. LifeLine Training, Ltd. Linner Electric Co. Loffler Companies, Inc. Low Voltage Contractors MacQueen Equipment Inc. Marshall Electric Company Menards Metropolitan Council M HSRC /Range Midway Ford Commercial Miller Excavating, Inc. Minnesota Occupational Health MN BCA-CJTE MN Fire Srv. Cert. Board Molstad Robert J. NAPA Auto Parts Nardini Fire Equipment National Reprographics,LLC North American Safety Office Depot Otis Elevator Company Pioneer Manufacturing Co. Plant Health Associates R &R Specialties, Inc. Riedell Shoes, Inc. Rivertown Inn Rosenbauer Firefighting Technology Roseville Midway Ford S &T Office Products, Inc. Sentry Systems, Inc. Sherwin Williams Sprint PCS St. Croix Boat and Packet Co. St. Croix Recreation Co. Stillwater and Oak Park Heights CVB Stillwater Motor Company Streichers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Thomson Reuters Titan Energy Systems Toll Gas and Welding Supply Toppers and More Backflow 720a vb 8 Hyvar xl 1 gal Replace section of door Targets and safety glasses The Warriors Edge class 300W 120V Bulbs swamp room Network computer support Door drop Wldt -loop Sewer lift pump repair Supplies April 2013 Monthly SAC Brent Campbell class and vehicle fees 2013 F150 SuperCab Truck per contract 54 11088 Sewer line work Drug test Senoir mgmt - labor laws legs Cert exam - Bell and Marchetti Dangerous dog matter Parts and supplies Fire Suppression in server room City Project 2013 -02 Nitrile gloves Office supplies Elevator contract Gameline aerosol white Tree service Tips cutter seod 2 and blade sharpening Skates 1st qtr lodging tax interest overpayment Leftside chain plate Remote - 209 Office supplies Monitoring services White paint Cell phone April Arena Billing Replacement of crank actuator 1st qtr lodging tax Vehicle repair Uniforms and supplies Retiree Health Insurance and COBRA Fine Asphalt Information charges 65% Completed Installation Cylinders Topper and bedslide for 2013 F150 Short Page 2 72.46 854.57 643.67 240.01 278.00 11.76 33.75 545.00 239.33 240.10 774.47 154,874.09 396.00 19,473.28 705.94 162.20 190.00 150.00 524.29 1,317.29 230.00 157.69 28.24 489.15 1,901.33 150.95 754.00 683.84 319.83 219.61 310.44 95.87 182.38 150.54 404.70 85.94 49,294.18 247.95 25,091.18 526.84 277.91 64,576.10 860.32 98.06 18,570.00 30.51 2,475.44 EXHIBIT "A" TO RESOLUTION #2013 -77 Trans Union LLC Tri -State Pump and Controls, Inc. Trobec Jannell Twin City Garage Door Co. Tyco /Simplex Grinnell LP Verizon Wireless Victory Corps Washington Conservation Distr Washington County Election Washington County Property Records Washington County Recorder White Bear Tire & Auto Inc. Wiegand Sheila Wingfoot Commercial Tire Wulfing David Yocum Oil Company CREDIT CARDS Larry Hansen GTS Educational Minnesota Bookstore Grand View Lodge & Tennis Tom Ballis West Marine West Marine Forestry Suppliers Information charges Repair pump at Aiple Lift Station Refund for EHL Summer Camp 1st Session Garage door service and repair Replace sensor Mobile broadband Flags 1st qtr payment for shared educator Accuvote /Automark Maintenance Special Asmt 2013 and Asmt fee 2013 Recorder registar Tires and installation Reimburse for Coffee Tires and installation Reimburse for K9 equipment Fuel Member Fee 2 sets of 2012 MN Statutes Conference Service Service Nozzle Page 3 32.91 7,656.68 395.00 932.71 705.38 468.38 289.67 556.25 3,590.00 100, 606.49 144.00 698.84 40.40 541.47 144.92 8,020.33 225.00 503.48 396.00 71.95 92.11 76.05 Stuart Glaser West Marine Service 53.11 EXHIBIT "A" TO RESOLUTION #2013 -77 LIBRARY Ace Hardware Baker and Taylor Brodart Co Culligan of Stillwater Ebsco Publishing Gaylord Bros., Inc. Grainger Menards Midwest Tape Pioneer Press Quill Corporation Toshiba Business Solutions, USA Library Credit Cards Amazon.com Barnes & Noble USPS Janitorial supplies Library materials Library materials Rental Subscription Library supplies Eyewash Station Batteries and supplies Library materials Subscription Supplies Maintenance agreement Library materials Library materials Postage Page 4 148.86 1,343.85 3,316.12 38.80 20.10 121.44 286.17 98.02 635.00 305.95 431.83 127.39 289.82 8.00 11.44 T H E B I R T H P L A C E O F M I N N E S D I A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to Scan Zafvten fiats (we& 12 gem/3 of i e'wice an the . etcitage 1- fte�s vitiation Cahn 'kW and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: May 21, 2013 iliwater T H E B I R T H P L A C E O F M 1 4 N E S 0 1 A STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to J(cwad £nan gwc aveit 21 vecvo of dedicated 6ealice cent the tReititage flftei3eialation, Can pion and for outstanding service in support of the City of Stillwater's mission. Ken Harycki, Mayor Date of Recognition: May 21, 2013 BY: CEIVKD MAY 7 2013 ilhater THE BIRTHPLACE OF MINNESOTA Receipt Number r9q9 - Check No. /cO 57.? Qo Amount Paid: /gyp, 00 Fee: $100.00 APPLICATION FOR SALE OF FIREWORKS APPLICATION MUST BE SUBMITTED 45 DAYS PRIOR TO STARTING DATE OF SALE REQUIRES CITY COUNCIL APPROVAL & INSPECTION BY THE FIRE DEPARTMENT Name of Applicant CUB FOODS - STILLWATER / Home Address Name of Business CUB FOODS Business Address 1801 MARKET DRIVE Corporate Address (if different than business address) Telephone (Business): Home Phone Beginning Date of Sale: UPON APPROVAL End Date of Sale: 7/9/2013 Hours of Operation: Location of Display INSIDE THE STORE @ CUB FOODS REQUIRED ATTACHMENTS: The following attachments must be included with this application: 1. Permit Fee - $100.00 2. Proof of bond or certificate of insurance in an amount • of Tess than $1,000,000.00 showing the City of Stillwater as an additional insured. 3. A diagram of the grounds or facilities (for indoor .Les) drawn to ale dimensions included. ignat - of Applic or g .rt) Make Check or Money Order payable to the CITY OF STILLWATER and return to the OFFICE OF THE CITY CLERK, 216 N. 4TH ST, STILLWATER, MN 55084 FOR OFFICE USE ONLY The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of Fire Chief: Date: The sale of the listed fireworks on the date and at the location shown on this application is hereby approved subject to the following conditions if any: Signature of Police Chief: Date: The sale of the listed fireworks at the location shown on this application is hereby approved, subject to the following conditions if any: Signature of City Clerk: Date: Approval Date of Stillwater City Council: Permit No.: STAFF REQUEST ITEM Department: Fire Date: May 8, 2013 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval for Fire Chief to renew a one (1) year professional services agreement with Regions Hospital Emergency Medical Services to provide continuing EMS education for Fire Department personnel. Regions EMS is the medical direction for SFD staff and all Department personnel are required to maintain a minimum level of EMS continuing education per year to remain certified. This agreement assures personnel are meeting the minimum State certification requirements. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost for the one year agreement is $1,383.20 and is outlined on page three of the attached contract. The Department includes annual professional services contract costs in the line item operations budget and has the funds to pay for this service. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: May 8, 2013 I RESOLUTION 2013 -070 APPROVAL OF CONTINUING MEDICAL EDUCATION AGREEMENT WITH REGIONS HOSPITAL BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Regions Hospital, Emergency Medical Serves and the City of Stillwater Fire Department for continuing Medical Education is hereby approved and authorizes the Mayor to sign the agreement. Adopted by the City Council of the City of Stillwater this 21St day of May, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT THIS CONTINUING MEDICAL EDUCATION AGREEMENT ( "Agreement "), effective April 1, 2013 ( "Effective Date "), is between the Regions Hospital, ( "Regions "), through its Regions Emergency Medical Services Program ( "Regions EMS "), and Stillwater Fire Department (the "Agency "). Regions and Agency, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1 - Services 1.1 CME Training. Regions EMS will provide the following Continuing Medical Education ( "CME ") training to Agency providers ( "Students "): a. Basic Life Support ( "BLS ") CME to cover twenty -four (24) hours of the two - year education requirement for Emergency Medical Technician to satisfy the Minnesota State re- certification requirements. b. Conduct skills testing as part of the CME training c. Provide multiple CME training sessions within a Contract Quarter (as defined below) for Students to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three -month period of the term of this Agreement beginning on the Effective Date. d. BLS CME that challenges Students, and uses reasonable efforts to ensure diversity with respect to instructors and resources 1.2 Scheduling. Regions EMS will provide unique CME in the areas noted above on a quarterly basis (i.e., four (4) Contract Quarters per year) following the academic calendar for Minnesota State registration purposes. The CME cycle begins April of each year. A session will be 3.0 hours in length. 1.3 Number of Trainees. Each CME training session will be open to a maximum of twenty -four (24) Students, unless otherwise agreed to by the parties. Agency will provide Regions EMS with a roster of expected Students to allow Regions EMS to coordinate the attendance of providers from other services. 1.4 Attendance Reports. Regions EMS will provide accurate reports of Students attendance at the training sessions for re- certification. 1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement, training will be held at Stillwater Fire Depantuent 216 N. 4th Street Stillwater, MN 55082 (the "Facility "). The Facility will accommodate up to twenty -four (24) Students, and contain seating that is conducive to lecture, and two separate spaces that accommodate up to twelve (8) Students, (1) Instructor, and training equipment. 1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for the CME training sessions, including AV, manikin, etc., unless such equipment is otherwise provided by Agency. 1.7 Evaluation and Tracking. Regions EMS will be responsible for educational evaluation, tracking, and reporting to Agency. Regions EMS will provide feedback to Agency on the status of attendance prior to the last CME session of each Contract Quarter. 1.8 Agency Contact. Agency designates Tom Ballis, Deputy Fire Chief as the primary Agency contact related to the CME training activities contemplated in this Agreement ( "Agency CME Coordinator "). The Agency CME Coordinator will be responsible for pre- registration of the Students for BLS CME and communication with Regions EMS regarding attendance status, pre- registration at other training sites, and recertification reports. 1.9 Regions EMS Contact. Regions EMS designates Ellie Wales, Education Assistant, as its primary contact for CME scheduling, pre- registration, tracking issues, and recertification administrative paperwork ( "Regions EMS Contact "). The Regions EMS Contact can be reached by calling 651 -254 -7786 or via email at EMSEducation @HealthPartners.com. 1.10 Specific Medical Direction or Consultation Requirements. Regions is not required to provide medical direction or consultation services under this Agreement. Medical direction and/or medical consultation services will be provided under a separate agreement. SECTION 2 - Compensation 2.1 Fee. In consideration for the services provided under this Agreement, Agency will pay Regions $98.80 (the "Fee ") per Student each year during the term of this Agreement. The Fee may be prorated on a quarterly basis. 2.2 Student Count. Agency's final Student roster count will be determined upon the execution of this Agreement. The Agency's roster may be increased during the term of this Agreement as a result of new hire with the Agency. The Agency's roster may be decreased during the term of this Agreement as a result of change of employment status with the Agency. The Agency will be responsible for communicating roster changes directly to Regions EMS. Fees will not change during the term of the Agreement as a result of roster changes. 2 It is agreed that Agency has 14 Students and will pay Regions $1383.20 per Contract Year (as defined below). 2.3 Credit. If Agency is currently a party to a medical direction or medical consultation agreement with Regions EMS, and wishes to continue this Agreement, a teaching credit (prorated quarterly), will be applied against the Fee. 2.4 Payment Schedule. The billing cycle is as follows (check applicable billing cycle): l Thirty days prior to start of each Contract Quarterly ® Thirty days prior to start of each Contract Year (as defined below) n Upon execution of this Agreement for the entire term of the Agreement Regions EMS will invoice Agency and Agency will pay Regions based on the billing cycle selected above. 2.5 No Referrals for Compensation. The parties agree that the Fee has been determined in arms length bargaining, and is consistent with fair market value in arms- length transactions. Furthermore, the Fee is not, has not been, and will not be, determined in a manner that takes into account the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made, in whole or in part under Medicare or any state health care program or under any other payor program. SECTION 3 — Term and Termination 3.1 Term. This Agreement will commence on the Effective Date and will remain in effect for twenty -four (24) months ( "Initial Term "). Thereafter, Regions EMS will initiate renewal of this Agreement for successive twenty -four (24) month periods unless either party provides the other written notice of non - renewal at least thirty (30) days prior to the end of the then current Contract Year. For purposes of this Agreement, the term "Contract Year" will mean each twelve (12) month period of the term of this Agreement beginning on the Effective Date. 3.2 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Notwithstanding the foregoing, any termination of this Agreement pursuant to this Section will be effective only at the end of the then current Contract Quarter. Further, no termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 3 3.3 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time; however, no termination pursuant to this section may be effective prior to the end of the first Contract Year of this Agreement. SECTION 4 - Miscellaneous Provisions 4.1 Students Not Employees. Neither the Students nor the Agency staff are employees or agents of Regions for any purpose. None of the Students or Agency staff who participate in the CME training pursuant to this Agreement are entitled to remuneration or any other benefits, which may have accrued, or be available to any employee of Regions. 4.2 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements between the parties and any of their respective affiliates or related companies related to the subject matter herein. This Agreement may not be changed, added to, amended, or modified except by a subsequent written instrument signed by an authorized representative of each of the parties hereto. 4.3 Governing Law. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. 4.4 Notices. Any and all notices, requests, demands or other communications required or permitted to be given by this Agreement or any agreements referred to herein or entered into pursuant hereto, or by any rule or law, of any kind ( "Notices ") will be given in writing and will be deemed to have been given if and when personally delivered, sent by first class prepaid mail, by telegram, or by facsimile, and actually received. Notices will be sent /delivered to the party at the address set forth below or to such other address and to such other person as such party will notify the other Party: To Regions Hospital To Agency Emergency Medical Services 640 Jackson Street #13801B St. Paul, MN 55101 — 2595 Attn: Education Manager Stillwater Fire Department City Hall 216 N. 4th Street Stillwater, MN 55082 Attn: Stuart Glaser, Fire Chief 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. REGIONS HOSPITAL By: Its: Date: 5 AGENCY By: Its: Date: 1 Stillwater Fire Department Memo To: Mayor Harycki and Council From: Stuart W. Glaser, Fire Chief Date: May 13, 2013 Re: Retired/Out of Service Personal Equipment Background Firefighter personal protective equipment has a specific service life and needs to be replaced at specified intervals. This replacement schedule is based on OSHA and NFPA standards. Once the replacement date occurs the items are removed from service and replaced. It has been tradition to provide personnel with their personal protective items as mementos of their service to the Department. A common practice is to let the individual retain their helmet. Since the items are no longer compliant with current safety standards they have no monetary value and cannot be sold or given to any other agency for use due to liability issues. Summary This request is consistent with prior City authorized and approved requests from other City Departments. Council Action Request Council approval to authorize the practice of issuing firefighters personal items if a firefighter desires to retain the item for sentimental or historical reasons. RESOLUTION 2013-079 APPROVAL OF DISTRIBUTION OF FIRE DEPARTMENT RETIRED/OUT OF SERVICE PERSONAL EQUIPMENT WHEREAS, Firefighter personal protective equipment has a specific service life as determined by OSHA and NFPA standard; and WHEREAS, personal protective equipment not compliant with current safety standards and they have no monetary value and cannot be sold or given to any other agency for use due to liability issues. WHEREAS, it has been tradition to provide personnel with their personal protective items as mementos of their service to the Department. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby approves the distribution of Fire Department Retired/Out of Service Personal Equipment approved by the Fire Chief. Adopted by the Stillwater City Council this 21st day of May, 2013. ________________________________ Ken Harycki, Mayor ATTEST: __________________________________________ Diane F. Ward, City Clerk RESOLUTION 2013-080 APPROVAL OF GROUP HEALTH ADJUSTMENT FOR MAYOR AND CITY COUNCIL NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby approves the Employer contribution for group health coverage for Mayor and Council to be the same as all other employees covered by the City’s insurance plan Adopted by the Stillwater City Council this 21st day of May, 2013. ___________________________________ Ken Harycki, Mayor ATTEST: __________________________________________ Diane F. Ward, City Clerk MEMORANDUM May 14, 2013 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Amendment to Liquor License — Rafter's DISCUSSION: As a result of the Planning Commission's approval on July 9, 2012 and Council's approval on August 21, 2012 for the Special Use Permit for outside seating (rooftop deck and bar) at the River Exchange Building located at 317 Main Street S, the liquor licensed premises of Rafter's Liquor License needs to be amended. Attached you will find a drawing of the patio. Minnesota Liquor Control requires the drawings be approved by the City Council to amend their liquor license to include the roof top patio as part of their premises for the sale of intoxicating liquor. ACTION REQUIRED: If Council wishes to approve the addition of the roof top patio to Rafter's liquor license, Council should pass a motion approving the patio addition and authorizing staff to submit the required information to Minnesota Liquor Control for their approval. tr) %W. ifv.wA) 145kreo Pew 111q:101 vstty-1.4/■-',1; A18T0 eoZ - l*ft.wve, loc;100.9, ... ..... „ — ' — P1,941,411ES. 7-064.41 1)1.to4Wri1=-P,*!A., iz.rr..arAmc--41 TPtl. 14e.,A) 4'4* P u2i e.M12-E. P6SPig.5 5. t, 0 11101-4, 3 &,-(019000 Htti- rnyte,-, fstko-44, 77) ,t 6T& 11.grep..tel),R7,--AVAOttc.foi) ID *.t KW& ecie—r----4:cre,45 OW -7,22,6;s:44u,) pc-4NA( cei..:;.:)ff.c.4>E11)15 PCic:.<--A 12.6Ce (5) tzio 4ourAte IA ti-1S A7(6.o (10) !Ncosl'Ptcro(*-P cx-vie-3 , fi-oDS11,-rt ule-115. (t (-,;) pc4f.t,,t• tk:#1?-,t, 1 0 0 4. str ETTh ROOF PLAN 1/8" RAFTERS ROOFTOP DINING 377 Main Strcot, StlHwater, MN 55082 hereby certify that this plan, specific:shoo or report was prepared by me or under my direct supervision and that am a duly Licensed Artniteot in the Slate of Minnesota Brian 5, Larson Rey 517408 Date "54 -- -- 'j t.745 4.)`!) (41,;_ rt,—*A , - / Vita +l4 rke4iff 4vr,. ,Frct.E.Ftaes.ovi4 4 LARSON ARCHITECTS LLC 807 North Fourth Sticet Stillwater Minnesota 55082 l,'5 drOr, 4 , I A 1 3 STAFF REQUEST ITEM Department: MIS Date: 5/17/13 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of a backup system for City Hall, Public Works and the St. Croix Valley Recreation Center. The backup devices at City Hall and Public Works have both had equipment failures and no longer work. The Recreation Center is backing up to tape and the tape drive has had many problems. This solution will allow us to backup the information in all three locations, with the Public Works and SCVRC replicating to City Hall. The device at City Hall will then store a backup of all three locations in the cloud. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Cost of the project will be $19,200.46 plus tax. Money will come from Capital Outlay funds in MIS and the Recreation Center and some funds that have become available in other departments will be reallocated to MIS because they have received grant money to pay for their items. ADDITIONAL INFORMATION ATTACHED Yes X_ No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 5/17/13 Backup Solution Cloud Storage Barracuda 690 City Hall Barracuda 390 Recreation Center Barracuda 390 Public Works May 17, 2013 To: From: Date: MEMORANDUM MayorandCityCouncil 7~' ShawnSanders,DirectorofPublicWorks Subject:ReplacementofEngineeringTechnician DISCUSSION Earlierthismonth,RyanSmith,oneofourEngineeringTechnicians,notifiedmethatheis resigninghispositionwiththeCityeffectiveMay1 i h2013.Ryanhasbeenemployedwiththe Cityforthepast14years,gettinghisstartasaninternwiththeplanningdepartmentand progressinguptoEngineeringTechnicianIII.WithlossofTorryKraftsonlastsummer,myself andthetwotechnicians(JohnandRyan)havetakenupTorry'sworkloadandhavemanaged adequately.ThiswillbemoredifficultwiththelossofRyan.SomeofRyan'sdutiesthatthe departmentandtheCitywillnowbelackingareGISmapping,computerdraftingand inspectionswhichinclude;streetimprovementprojects,developments,erosioncontrolandMS4 work.InorderforthedepartmenttocontinueworkingeffectivelyitisrequestedthatRyan's positionbereplaced.Ifthehiringprocessweretobeginimmediately,itwouldbetwotothree monthsbeforeanewpersonwouldbeginwiththeCity. RECOMMENDATION ItisRecommendedthatCitybegintheprocessinahiringanewEngineeringTechnicianforthe EngineeringDepartment. Stillwater Public Library 224 Third St. N. Stillwater MN 55082 651.275.4338 www.stillwaterlibrary.org To: Mayor and City Council Members From: Lynne Bertalmio, Library Director Re: 2013 Capital Budget Release III May 15, 2013 At its regular meeting on May 14, 2013, the library’s Board of Trustees passed a resolution requesting the release of the Following funds from the library’s approved 2013 capital budget: Grate for Window Well $2,000 There is a sizeable drop from ground level to the bottom of the window well on the southernmost window on the west side of the building. A grill or grate would prevent children from falling in this area. Other window wells on the west side of the building were retrofitted with grills before the 2005-6 expansion project. This is a potentially hazardous situation. STAFF REQUEST ITEM Department: Fire Date: May 16, 2013 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of sonar equipment for Fire Boat. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Purchase of this equipment will be paid for from donated funds from the Friends of Fire Account. Total cost of this equipment is: $4,002.14. * These are donated funds; no cost to the City is being incurred. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: May 16, 2013 R "4w�A \°/-` rikd""6> navico Stillwater Fire Dept Att: Tom Ballis 5 -15 -2013 Lowrance Sonar quote HDS 9Touch 2029.81 LSS HD Ducer 205.94 LSS Extension 51.28 BR24 3G Radar 1055.11 N2K Starter Kit 50.00 RC42 Rate Compass 515.00 Shipping 95.00 Total 4002.14 Sincerely, Chris Meyer Navico Inc. 8955 92n6 Street Cottage Grove, MN 55016 Chris Meyer Lowrance Dealer Service Navico Inc. 4500 Sou: , 1 _ EasAve SLit_ 230 T I a, OK 741 34 5585 LS Tel: c 437 6881 co.cer„ City Council DATE: May 15, 2013 CASE NO.: 2013-09 APPLICANT: John Daly, The Freight House PROPERTY OWNER: JFS Stillwater LLC REQUEST: A special use permit amendment for outdoor live music LOCATION: 305 Water Street S COMPREHENSIVE PLAN DISTRICT: Downtown Mixed Use ZONING: CBD – Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1993, a special use permit was issued to the Freight House for a masonry patio adjacent to an existing deck. As a condition of approval, the special use permit stated, “There shall be no outside live entertainment from the Freight House deck.” REQUEST The applicant requests to amend the existing special use permit to allow outdoor entertainment on the deck at the Freight House on Saturday and Sunday afternoons between Memorial Day and Labor Day from 3:00 pm to 6:00 pm. The music will be amplified by the musicians’ equipment and does not involve the night club sound system. The “Summer Music Series” has been held in previous years on Sundays only. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor entertainment may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 305 Water St – Freight House Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor entertainment by special use permit. Outdoor entertainment is proposed for two afternoons per week without significant amplification. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed below. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed change to the special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. ALTERNATIVES The City Council has the following options: 1. Approve the requested special use permit amendment. 2. Deny the requested special use permit amendment. 3. Continue the request for more information. The 60-day decision deadline for the request is May 26, 2013, but the review period can be extended for another 60 days. RECOMMENDATION At their May 13, 2013 meeting, after a public hearing, the Planning Commission voted 8-0 to recommend approval of the special use permit amendment as conditioned. CONDITIONS FOR APPROVAL If the Council chooses to approve the request, staff and the Planning Commission recommend the following conditions of approval: 1. Outdoor music is approved on Saturday and Sunday from Memorial Day to Labor Day from 3:00 pm to 6:00 pm only. No outdoor music allowed at any other time except as allowed by an approved special event permit. Any changes to amplification, timing and/or duration shall be reviewed and approved by the City Council. 2. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Resolution, Vicinity Map, Location Map, Aerial Photograph Applicant’s Form, Letter and Sketch RESOLUTION NO. 2013-____ A RESOLUTION APPROVING A SPECIAL USE PERMIT AMENDMENT TO ALLOW OUTDOOR LIVE MUSIC AT THE FREIGHT HOUSE RESTAURANT CASE NO. 2013-09 WHEREAS, the JFS Stillwater LLC made application for approval of an amendment to their Special Use Permit to allow outdoor live music, on property legally described as: See Exhibit A WHEREAS, on May 13, 2013 the Planning Commission held a public hearing on the requested Special Use Permit amendment and recommended approval with the conditions found below; and WHEREAS, on May 21, 2013 the City Council held a public hearing on the requested Special Use Permit amendment; and WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit, and the City Council finds that: 1. The proposed structure and use conforms to the requirements and intents of Chapter 31 of the City Code [Zoning Ordinance] and of the comprehensive plan, relevant area plans and other lawful regulations. 2. Conditions necessary for the public interest have been imposed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby finds that Section 31-207, Subd (d) is satisfied and therefore approves the Special Use Permit amendment with the following conditions: 1. Outdoor music is approved on Saturday and Sunday from Memorial Day to Labor Day from 3:00 pm to 6:00 pm only. No outdoor music allowed at any other time except as allowed by an approved special event permit. Any changes to amplification, timing and/or duration shall be reviewed and approved by the City Council. 2. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Resolution No. 2013-__ Page 2 Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Resolution No. 2013-__ Page 3 EXHIBIT A o R22WR21WR20W VicinityMap ScaleinFeet 171 3 4 t h S T 3 r d N. N. 2 n d S. B S T. 23 S T. S T. S T . E L I V O E. T S N E L S O N S T. LegendZoning A-P, Agricultural Preservation RA - Single Family ResidentialRB - Two FamilyTR, Traditional ResidentialLR, Lakeshore ResidentialCR, Cottage ResidentialCTR, Cove Traditional ResidentialCCR, Cove Cottage ResidentialCTHR, Cove Townhouse ResidentialTH, TownhouseRCM - Medium Density ResidentialRCH - High Density ResidentialVC, Village CommercialCA - General CommercialCBD - Central Business DistrictBP-C, Business Park - Commercial BP-O, Business Park - OfficeBP-I, Business Park - IndustrialIB - Heavy IndustrialCRD - Campus Research DevelopmentPA - Public AdministrationPROS - Park, Rec or Open SpacePublic Works FacilityROADWATER Location Map´ S u b je c t P r o p e r ty PLANNINGADMINiSTRATIONAPPLICATIONFORM CaseNo: DateFiled: BaseFee; .Technology Fee: ReceiptNo.: COMMUNITYDEVELOPMENTDEPARTMENT CiTYOFSTILLWATER 216NORTHFOURTHSTREET STILLWATERMN55082 Aw/t,~/ ~SpeCia!{Conditional UsePermit ___Variance ___Resubdivision ___Subdivision' ___ComprehensivePlanArnenornent' ACTIONREQUESTED ___ZoningAmendment" ___PlanningUnitDevelopment· ___CertificateofCompliance ___LotLineAdjustment -:!rf- 'Anescrowfeeisalsorequiredtooffsetthecostsofattorneyandengineeringfees,Thefeesforrequestedactionareattached tothisapplication, Theapplicantisresponsibleforthecompletenessandaccuracyofallformsandsupportingmaterialsubmittedinconnection withanyapplication.Allsupportingmaterial(Ie.,photos,sketches,etc.)submilledwithapplicationbecomesthepropertyofthe CityofStillwater. Onlyonecopyofsupporlfngmatettats arerequired.Howover,anydocumentslargerthan 11x17 mustbesubmittedinpaperandInpdftormet.ReviewtheChecklisttothePlanningAdministrationApplicationForm forthecomplete/1stofrequireditemsthatmustbesubmitted.AnyIncompfateapplicationorsupportingmaterialwill causeyourapplicationtoberolectedbytheCity.Required-Applicationswillberejectedwithoutalogal description,AlegaldescrlptlonIsfoundonthedeedtotheproperty.AttachasanexhibItIfnecessary. AfterPlanningCommissionapprovals,thereIsa10.dayappoalperiod.Oncethe10-dayappealperiodhasended,the applicantwillrocelveazoninguseporrnltwhichmustbesignedandsubmittedtotheCitytoobtaintherequired buildingpermits, PROPERTYIDENTIFICATION AddressofProject,?C;;-dv~J../s-..Assessor'sParcelNo.;2?()]'G;;;O0 tN);;J-r ~) (GEOCode) CompletePropertyLegalDescription"-..,.1--7--'rrr-'+-:-_:----l-&;---!-'..!:~~-e':"-~-:-:-;---=-=:__--:--:'""7:_____:--_:___:_-_;_:_:_~:__ ("ReqUired-ApplicationswillberejectdwithOUtalegaldescription)Taxdescr1ptions andpropertydescriptionsfrom thecountyarenotaccoptable. ZoningDistrictMI}DescriptionofProject(~~CItf(v,;1J;{wIc:..(~~/( -,herebystatetheforegoingstatementsandalldata,informationandevidencesubmittedherewithinallrespects,tothebestof myknowledgeandbelief,tobetrueandcorrect.IfurtherCl1.~willcomplywiththepermitifilisgrantedandused," ,.._:R03~;~ed ff.s_~11W.AJtr IfotherthanproportyOWoi;' PropertyOwner...::,(-5..>r//(C:t I"r 7 t\l.LC Representatfve-rr::zztfr~~ MailingAddress'2-1.u.5c:).1":'"7Sf./)(Z<.t'MailingAddress:7(}~t="".'1 S_ City-Stale-Zipi~?f'-'I./O~J3~+...J)I~))"-)l<'rcL~City-State-Zip-S'z2/{e..-J~te.--;C1/v..>5"'c:.(J2- TelephoneNo.(,~("2../~.)?f.?2..(?,Z TelephoneN0<E'~2577y-(5') EmailI(~r~N'1 Cl SI(G(-)h/.ll.t..C("\EmailC/<:dk._~-o-----.d<0-7}~(v--" /:)"'I-- Signature./l Signaturo~-- lirel'hequired} S~I?LANNING\AOM\NISTAATIQNIFORMSIPLANAPP.DOCXJ~nuary29.201J DearCity, TheFreightHouseRestaurantwouldliketoamendtheSUPforthecontinuationoftherainorshine "SummerMusicSeries"in2013. TheMemorialDay-LaborDayscheduleinvolvesperformancesonSundayafternoons(15)from3pm- 6pm. ThemusiciansarelocalduosandtrioslocatedonthecenterofthedeckagainstthebuildingfacingEast. TheseriesisfamilyorientedandageappropriateforSundayafternoonsandinvolvesonlyminor amplificationasnonightclubsoundsystemisinvolved. Wewouldappreciateyourapprovaltocontinuewiththisintoitsseventhyearsowemayprovidea greaterexperienceforourguests. Sincerely, /27 JohnDaly GeneralManager 1., I l ;t'.., /:'"I? 5> rJ ~. -~.."~-- "- J 1 I j r. I I , City Council DATE: May 15, 2013 CASE NO.: 2013-10 APPLICANT: Chuck Dougherty, Water Street Inn PROPERTY OWNER: Saint Croix Preservation Company REQUEST: A special use permit for outdoor live music LOCATION: 101 Water Street S COMPREHENSIVE PLAN DISTRICT: Downtown Mixed Use ZONING: CBD – Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1994, a special use permit was issued to Saint Croix Preservation Company for rehabilitation of the historic Lumber Baron’s Hotel and to construct an addition for hotel rooms and a conference center. The patio on the north side of the new addition adjacent to Myrtle Street was constructed as part of that project. REQUEST The applicant requests a new special use permit to allow outdoor entertainment on the north patio at the southeast corner of Myrtle and Water Streets. The request is to allow outdoor live music amplified by the hotel’s sound system on Fridays and Saturdays from noon to 11:30 pm and acoustic music from noon to 7:00 pm on Sunday, presumably when permitted by weather, generally May to September. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor entertainment may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 101 Water St – Water Street Inn Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor entertainment by special use permit. The request is to allow music amplified by the hotel’s sound system on Fridays and Saturdays from noon to 11:30 pm and acoustic music from noon to 7:00 pm on Sunday. Since the seating capacity for the patio remains unchanged, there is no effect on parking demand. At their meeting on May 13, 2013, the Planning Commission voted 6-2 to recommend that amplified outdoor live music be allowed at the Water Street Inn from 7:00 pm to 11:30 pm on Fridays and Saturdays and acoustic outdoor live music from noon to 7:00 pm on Sundays. The applicant agreed to the modified hours. The applicant’s request and the Planning Commission’s recommendation do not conform to the city’s noise ordinance. Sec. 38-3 of the City Code prohibits operation of sound reproducing equipment after 10:00 pm. If the City Council elects to approve the request, a noise ordinance waiver must be granted to allow outdoor live music after 10:00 pm. 2. Any additional conditions necessary for the public interest have been imposed. If the City Council elects to approve the request, conditions are listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Amplified outdoor music has been a continual source of complaints from residents within and near downtown. Downtown is a mixed-use area with many residents in addition to businesses and visitors. The request for 10 hours of amplified music on consecutive weekend days followed by seven hours of acoustic music on Sunday may create a nuisance or be detrimental residents, other businesses and visitors. Recognizing these potential impacts, if the City Council elects to approve this request, staff recommends reducing the hours when outdoor live music would be permitted to no more than four to six hours per day Friday, Saturday and Sunday from May to September. A condition allowing adjustments to the permit based on complaints received is also proposed. Staff also recommends ending outdoor live music by 10:00 pm. Although noise ordinance waivers have been granted for outdoor music beyond 10:00 pm for individual special events, no waiver has been granted to a downtown business on an on-going basis. Granting such a waiver will establish a clear and potentially negative precedent for future requests. 101 Water St – Water Street Inn Page 3 ALTERNATIVES, RECOMMENDATIONS AND CONDITIONS FOR APPROVAL The City Council has the following options: 1. Approve the requested special use permit: a. Planning Commission Recommendation: At their May 13, 2013 meeting, the Planning Commission voted 6-2 to recommend approval of the special use permit with the following conditions: 1) This special use permit allows outdoor live music on the north patio of The Water Street Inn from 7:00 pm to 11:30 pm on Friday and Saturday and from noon to 7:00 pm on Sunday between May and September. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 2) A noise ordinance waiver is hereby granted to allow amplified outdoor live music from 10:00 pm to 11:30 pm on Friday and Saturday between May and October. 3) For the 2013 season, the City reserves the right to reduce hours approved in this permit if the outdoor live music becomes a nuisance. 4) This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. b. Staff Recommendation: Staff recommends approval of the special use permit with the following conditions: 1) This special use permit allows outdoor live music on the north patio of The Water Street Inn for up to four to six hours per day on Friday, Saturday and Sunday from May to September. Amplified music is permitted on Friday and Saturday only. No outdoor music of any kind is permitted after 10:00 pm. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 2) For the 2013 season, the City reserves the right to reduce hours approved in this permit if the outdoor live music becomes a nuisance. 3) This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. 2. Deny the requested special use permit. 3. Continue the request for more information. The 60-day decision deadline for the request is June 15, 2013, but the review period can be extended for another 60 days. Attachments: Vicinity Map, Location Map Applicant’s Form, Letter and Information RESOLUTION NO. 2013-____ A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW OUTDOOR ENTERTAINMENT AT THE WATER STREET INN CASE NO. 2013-10 WHEREAS, Saint Croix Preservation Company made application for approval of a Special Use Permit to allow outdoor entertainment, on property legally described as: See Exhibit A WHEREAS, on May 13, 2013 the Planning Commission held a public hearing on the requested Special Use Permit and recommended approval with the conditions found below; and WHEREAS, on May 21, 2013 the City Council held a public hearing on the requested Special Use Permit; and WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit, and the City Council finds that: 1. The proposed structure and use conforms to the requirements and intents of Chapter 31 of the City Code [Zoning Ordinance] and of the comprehensive plan, relevant area plans and other lawful regulations. 2. Conditions necessary for the public interest have been imposed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby finds that Section 31-207, Subd (d) is satisfied and therefore approves the Special Use Permit with the following conditions: 1) This special use permit allows outdoor live music on the north patio of The Water Street Inn from 7:00 pm to 11:30 pm on Friday and Saturday and from noon to 7:00 pm on Sunday between May and September. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 2) A noise ordinance waiver is hereby granted to allow amplified outdoor live music from 10:00 pm to 11:30 pm on Friday and Saturday between May and October. 3) For the 2013 season, the City reserves the right to reduce hours approved in this permit if the outdoor live music becomes a nuisance. Resolution No. 2013-__ Page 2 4) This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Resolution No. 2013-__ Page 3 R21W R2OW R19W R22W 1221W R2OW Vicinity Map 0 128 Scale in Feet Tlss drawing is the rat. of a complalwn aM repmdrebon of land records as !bey appear In us Washington Pauly offices The amw��p should be used for reference purpose only Washington county is not responNle far any maccurecies. sour" Waamnymncourysureyors Office. Phore (531) 436-89)5 Parcel data based on 89400 intomia5on current Nrough Febmary 28. 2013 Map p071e0 0701202013 3 4 t h S T 3 r d N. N. 2 n d S. B S T. 23 S T. S T. S T . E L I V O E. T S N E L S O N S T. LegendZoning A-P, Agricultural Preservation RA - Single Family ResidentialRB - Two FamilyTR, Traditional ResidentialLR, Lakeshore ResidentialCR, Cottage ResidentialCTR, Cove Traditional ResidentialCCR, Cove Cottage ResidentialCTHR, Cove Townhouse ResidentialTH, TownhouseRCM - Medium Density ResidentialRCH - High Density ResidentialVC, Village CommercialCA - General CommercialCBD - Central Business DistrictBP-C, Business Park - Commercial BP-O, Business Park - OfficeBP-I, Business Park - IndustrialIB - Heavy IndustrialCRD - Campus Research DevelopmentPA - Public AdministrationPROS - Park, Rec or Open SpacePublic Works FacilityROADWATER Location Map´ S u bj e ct P r o p e r t y PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Base Fee: Technology Fee: Receipt No.: Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project 0/49/477-' PC f s ✓�°vi!/1 Complete Property Legal Description* f f� e.L ( *Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Description of Project Za c_ /7,7 6),/ c 771e. ; <c 70,T) Assessor's Parcel No. 4 �'3� /Q, 1://, (� (GEO Code) "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Required If other than propert caner ) Property Owner � z l /,;ci , �t�e-vv=?, ;i.� Representative am-, � 9 h4-77- � Mailing AddressA%/ A/�ii.7,! 1-2—r: ,% ‘'7 /� Mailing Address7('/ 4,14; 7-4"..------7411,e-e-,77.5„; ,,, City - State - Zip 5-/-7 `l /4„"‘e 77-,--' /6;/./ ,�3 City - State - Zip L' /rle_L..4'7`2,-,., /4/ / F& Telephone No. j // ' 4.7/3q , « D-d C/ Telephone No.-57/ 4/3 -��Y Cl Email Signat Email �'GoC' C' Signatu r--c° e is require S: \PLANNING\ADMINISTRATION \FORMS \PLANAPP.DOCX January 29, 2013 Date: April 15, 2013 To: Planning Commission From: Chuck Dougherty Re: Live outside music WATER STREET INN Est. 1890 We would like to have live music on our North Deck. The live music would end at 7:OOpm on Sundays and ending at 11:30pm on Friday and Saturday nights. The groups will be setup on the Northwest corner of the deck, under the pergola, and will play facing the Southeast (away from town and towards the River). They will use our house sound system so we will be able to control the volume. In keeping with our theme on Friday and Saturday nights we will have Irish music consisting of two to four piece groups. On Sundays, we will feature local musicians (one to four piece groups), that will play a variety of Acoustic Music. Sincerely, Chuck Dougherty 101 SOUTH WATER STREET • STILLWATER, MN 55082 • 651.439.6000 • www.waterstreetinn.us 101 Water Street South, Stillwater, MN - Google Maps 1 of 1 Google acu ;(� z `1'p http://maps.google.com/maps?hl—en&tab—wl To see all the details that are visible on the screen, use the "Print" link next to the map. 4/15/2013 3:04 PM Kate Krisik 923 First Street South Stillwater, MN 55082 Telephone: 651.351.9505 Email: kateakrisikt�gn-iail.com May 21, 2013 The Honorable Ken Harycki Mayor City of Stillwater 216 Fourth Street North Stillwater, MN 55082 RE: Case No: 2013 -10 Special Use Permit Application for Outdoor Live Music Saint Croix Preservation Company 101 Water Street South, Stillwater, MN Dear Mayor Harycki, I am a resident of the City of Stillwater and I am submitting this letter in support of the special use permit application of Saint Croix Preservation Company for outdoor live music at 101 Water Street South in downtown Stillwater, commonly known as the Water Street Inn, under consideration by the City Council this evening. I have read the documents publically available relevant to this application and offer the following comments for your consideration. Support for our City's tourism industry and downtown businesses. Tourism is an important industry for our downtown businesses and in fact, it is arguably the most important industry we currently have in our City. All of our downtown businesses rely heavily upon tourism to earn the revenue necessary to keep their doors open and the owners of our downtown business support their families with the majority of their income generated by tourists. Our City's elected and appointed officials, together with our downtown business owners, consistently work to promote tourism because they - -- and each of you - -- recognize that it is critical for maintaining a thriving downtown that benefits us all. By approving the application under consideration, you will be furthering that work by supporting this vital industry in our City. As Minnesotans, we all treasure our precious, and often all too brief, summers. Our winters are long and harsh and we all seem to find every available opportunity to spend every moment we can outdoors during the summer. Allowing music on the outdoor deck at the Water Street Inn. gives us all - -- tourists and residents of Stillwater alike - -- an enhanced and enriched opportunity to enjoy_ ,_weekend evenings during the summer outdoors. As the great philosopher, teacher, and author Plato once observed thousands of years ago, "Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything." I urge you to celebrate the beauty of music and recognize its powerful and positive impact on the duality of life by approving the special use permit before you this evening. Specific important sound considerations pertinent to this case. I realize that you and the members of the City Council are concerned about the impact of outdoor music upon downtown residents. I believe it is only fair to note that when these fellow Stillwater residents chose to live downtown, they did so knowing they were choosing to reside in a downtown commercial / business area. I also believe it is important for you to consider the type of music and instruments played by the artists who perform at the Water Street Inn. The Celtic and folk musicians who perform at the Water Street Inn play acoustic instruments with minimal amplification on small speakers. Moreover, the proposed performance stage on the deck of the Water Street Inn faces toward the river and away from our Main Street and downtown residences. I am a resident of Stillwater's South Hill neighborhood and although I live on a bluff removed from downtown, I have enjoyed hearing many of the bands that performed during Lumberjack Days in years past, the annual Fourth of July concert, the musicians who have performed at Summer Tuesdays and Cruisin' on the Croix, and even the Dixieland group that plays on the boat docks for the Andiamo boat tours. Unfortunately, I have never heard music played on the outdoor deck at the Water Street Inn which as a Celtic music fan, I would have found most enjoyable. While my experience may be anecdotal, I believe it emphasizes that sound volume should not be a significant concern when considering this application. I also believe that for all of these reasons it is wholly reasonable to approve the application as submitted with an ending time for the outdoor music at 11:30 pm on Friday and Saturday nights - -- weekend nights - -- as requested. Recognition for the applicants' contributions to Stillwater. Personally, I would like to acknowledge the many valuable contributions that Chuck and Judy Dougherty have made to our City and the work they do to enhance the quality of life for our City's residents. Not only do they support many of locally - based nonprofits, but they also are among the organizers of our annual Summer Tuesdays music, movie, and community nights, and our annual Harvest Fest. They support the Cruisin' on the Croix weekly summer car shows and our numerous arts and other events throughout the year. Music on their outdoor deck on weekend nights during the summer only serves to further the unique nature of our historic and picturesque City, supports their ongoing efforts to build community in Stillwater, and bolsters our tourism industry, and the economic viability of all of our downtown businesses. Personal interest disclosure. Finally I want to disclose that I am the manager of the Hounds of Finn, a Celtic Folk group that regularly performs at the Water Street Inn. While the members of the Hounds of Finn would prefer to perform outdoors whenever possible during the summer, it is important to note that your decision - -- whatever it may be - -- will not impact their performance schedule at the Water Street Inn. Should you deny this application, they will be paid the same fee to perform as scheduled indoors at Charlie's Pub. Thank you for your consideration and service to our City. For the reasons explained herein and more, I urge you to approve both the application under consideration to allow outdoor music at the Water Street Inn on Friday and Saturday_ tights, and Sunday afternoons, and the request to allow music until 11:30 pm on Friday and Saturday nights. Thank you for your consideration of this application and or your service p the City of Stillwater. submitted, Ka City Council DATE: May 15, 2013 CASE NO.: 2013-14 APPLICANT: Ryan Lettner, Quickfire Pizza PROPERTY OWNER: LDL Company REQUEST: A special use permit amendment for proposed patio/outdoor eating area for Quickfire Pizza LOCATION: 116 Main Street S COMPREHENSIVE PLAN DISTRICT: Downtown Mixed Use ZONING: CBD – Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In May 2012, the applicant received a special use permit to convert the retail space at 116 Main Street S to a wood-fired pizza restaurant. Because the use changed from retail to restaurant, parking demand increased, and a variance was granted to the on-site parking requirements. As a condition of variance approval, the increased parking demand in the downtown parking district was mitigated by requiring the purchase of monthly parking passes for the downtown parking lots. REQUEST The applicant is requesting to amend their special use permit to allow a new exterior patio for Quickfire Pizza behind the building at 116 Main Street S. Outdoor eating establishments in the Central Business District require a special use permit approved by the City Council. The Heritage Preservation Commission reviewed and approved a design review permit for the patio at their May 6, 2013 meeting. The proposed patio location is surrounded on three sides by existing buildings (see photograph below). The patio will seat 28 and be accessed from a rear door in the restaurant. The applicant will grade the existing gravel-surfaced area and install a stamped-concrete patio. Drainage will be directed to an existing storm sewer. The 116 Main Street S – Quickfire Pizza Page 2 applicants also plan to construct two pergolas and add lattice to screen the east wall. A solid cedar gate would enclose the patio from the adjacent private parking lot. Ceiling fans, lighting and sound system speakers are also proposed. The fire pit shown on the plans was not approved by the Fire Marshall and is no longer part of the project. Requested hours of operation are 10:00 am to 10:00 pm, seven days a week, from April 1st to November 31st . Current hours of operation are from 11:30 am to 9:00 pm, Monday through Thursday, 11:30 am to 10:00 pm Friday and Saturday, and 12:00 pm to 8:00 pm on Sunday. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor eating establishments may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: Proposed patio location 116 Main Street S – Quickfire Pizza Page 3 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor eating establishments by special use permit. Because of its location, the patio will not be visible to the public or interfere with pedestrian or vehicular circulation. The expanded seating will create additional parking demand. The patio is 22 feet by 27 feet or 594 square feet. At the rate of one parking space per 120 square feet of area as required by the Zoning Ordinance, parking demand will increase by five spaces. The required spaces cannot be provided on site. In keeping with the conditions of the variance approval, five additional monthly parking permits must be purchased from April to November to mitigate the increased parking demand created by the new outdoor eating area. Building permit plans will need to be approved by the City Engineer, Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. Because of the increase in seating capacity, a Sanitary Sewer Access Charge determination will need to be made by the Metropolitan Council. The applicant must submit a Determination Letter to the Metropolitan Council. Washington County Department of Public Health and Environment regulates eating establishments and will require a plan review and approval for the addition. The applicant should also consult with the City Clerk about any required revisions to their liquor license. The proposed use otherwise conforms to the intent of the Zoning Ordinance and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed below. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Residential units are present on the upper floor of buildings immediately adjacent to the proposed patio. Potential nuisances from the patio that could affect residents include loss of privacy, light, glare and noise. The applicant is planning to construct a pergola to reduce the visibility of the patio from residences above. To minimize light and glare, staff recommends requiring lighting to be downward directed and shielded to prevent glare. The applicant has requested to install sound system speakers on the patio for ambient music. Once installed, the volume and style of music for outside eating areas has historically been difficult to monitor and control. 116 Main Street S – Quickfire Pizza Page 4 ALTERNATIVES The City Council has the following options: 1. Approve the request in whole or in part. 2. Deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 18, 2013 but the review period can be extended for another 60 days. RECOMMENDATION At their May 13, 2013 meeting, after a public hearing, the Planning Commission voted 7-1 to recommend approval of the special use permit amendment as conditioned. CONDITIONS FOR APPROVAL If the Council chooses to approve the request, staff and the Planning Commission recommend the following conditions of approval: 1. The property owner or applicant shall purchase five additional monthly parking permits each year between April and November to mitigate the increased parking demand created by the new outdoor eating area. 2. Building plans shall be approved by the Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. 3. The applicant shall submit a Sanitary Sewer Access Charge Determination Letter to the Metropolitan Council. 4. The applicant shall receive all appropriate Washington County Health Department approvals. 5. The applicant shall revise their liquor license with the City of Stillwater prior to serving alcohol on the patio. 6. Lighting shall be downward directed and shielded to prevent glare. 7. The use of speakers on the patio shall be limited to the hours between 11:30 am and 10:00 pm. 8. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Location Map Applicant’s Form, Letter and Plan RESOLUTION NO. 2013-____ A RESOLUTION APPROVING A SPECIAL USE PERMIT AMENDMENT FOR AN OUTDOOR EATING ESTABLISHMENT FOR 116 MAIN STREET S – QUICKFIRE PIZZA CASE NO. 2013-14 WHEREAS, LDL Company made application for approval of a Special Use Permit amendment to allow an outdoor eating establishment, on property legally described as: See Exhibit A WHEREAS, on May 13, 2013 the Planning Commission held a public hearing on the requested Special Use Permit amendment and recommended approval with the conditions found below; and WHEREAS, on May 21, 2013 the City Council held a public hearing on the requested Special Use Permit amendment; and WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit amendment, and the City Council finds that: 1. The proposed structure and use conforms to the requirements and intents of Chapter 31 of the City Code [Zoning Ordinance] and of the comprehensive plan, relevant area plans and other lawful regulations. 2. Conditions necessary for the public interest have been imposed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby finds that Section 31-207, Subd (d) is satisfied and therefore approves the Special Use Permit amendment with the following conditions: 1. The property owner or applicant shall purchase five additional monthly parking permits each year between April and November to mitigate the increased parking demand created by the new outdoor eating area. 2. Building plans shall be approved by the Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. 3. The applicant shall submit a Sanitary Sewer Access Charge Determination Letter to the Metropolitan Council. 4. The applicant shall receive all appropriate Washington County Health Department approvals. Resolution No. 2013-__ Page 2 5. The applicant shall revise their liquor license with the City of Stillwater prior to serving alcohol on the patio. 6. Lighting shall be downward directed and shielded to prevent glare. 7. The use of speakers on the patio shall be limited to the hours between 11:30 am and 10:00 pm. 8. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Resolution No. 2013-__ Page 3 EXHIBIT A 1111111 T3ON T3 a'r ON ,111111 117 R22W R2I W R2OW Vicinity Map 114 Scale in Feet Thus drawing hs the result of a complabon and repraduction or land records as they appear rn various Washington County offices The drawn° should be used for reference purposes only Washin5don County Is nor rasponsibte for any Inaccureues Source WeenIngton County Surveyor's Office Phone (S5I)430-6875 Parcel data based on AS4001nformation currant through February 28, 2013 Map punted And RS 2013 23 E R C I AL E. AV S T . LegendZoning A-P, Agricultural Preservation RA - Single Family ResidentialRB - Two FamilyTR, Traditional ResidentialLR, Lakeshore ResidentialCR, Cottage ResidentialCTR, Cove Traditional ResidentialCCR, Cove Cottage ResidentialCTHR, Cove Townhouse ResidentialTH, TownhouseRCM - Medium Density ResidentialRCH - High Density ResidentialVC, Village CommercialCA - General CommercialCBD - Central Business DistrictBP-C, Business Park - Commercial BP-O, Business Park - OfficeBP-I, Business Park - IndustrialIB - Heavy IndustrialCRD - Campus Research DevelopmentPA - Public AdministrationPROS - Park, Rec or Open SpacePublic Works FacilityROADWATER Location Map´ SubjectProperty PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: 60P Date Filed: Base Fee: Technology Fee: Receipt No.: Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment !L 467)6- $25.00 *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project III) Ma t(\ S: SOOL4 Assessor's Parcel No.aWaewe0os--- Complete Property Legal Description* Lo 3 +9 \ bloc■ Z ..( *Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Cep Description of Project cctte, paci:to CkVA cofts+cuc-f_i'so (GEO Code) cmar pecykeL. "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. l further certify I will comply with the permit if it is granted and used." Required Property Owner ✓ /C'44 c� L y ut t Mailing Address //' 5. Jt74 ;,�V S 7 City - State - Zip 5 {, /`vr /ty; j21 CS -OVA Telephone No. 6s7- (t?9- /1"/9z, Email /47 ,ke e }r�i��Cfilr • Cal," Signature (Sign re 's required) If er than property owner Representative° �� Mailing Address l II1 S, tvt. q /r „.31- City - State - Zip St"i (f(,/(ja-i- \ M 5sO& Telephone No. C,-51- 3- -7009 c r,� Email ryAlt �l Ti �i I �� (or. Signature S:\ PLANNING\ ADMINISTRATION \FORMS \PLANAPP.DOCX January 29, 2013 (Signature is required) QUICK: FIRE April 18th, 2013 116 Main St S Stillwater, MN 55082 (651) 439 -7009 HPC, Planning and Stillwater City Council: Please see attached documentation and applications regarding the plans for our future patio. Our property has a unique courtyard that will offer our customers a pleasant outdoor dining experience that we are hoping to take advantage of. The summary of our documents show the plans, layout and feel that we are trying to achieve. We are hoping for up to twenty -eight seats, a gas fire pit and a pergola for privacy. Depending on the changing seasons and crazy MN weather, we would anticipate the possibility of operating the patio from April 1" through November 31St. These dates will always be dependent on the weather during each year. Our hours of operation could be 10AM -10PM, seven days a week, depending on the demand. We don't plan on having any live music outdoors, however if in the future we would decide to have anything, we would apply for a permit at that time. We will be adding mood lighting and speakers to the pergola. Both the lighting and speakers are for ambiance and mood lighting. Our landlord owns all the surrounding property to the patio and we will work closely with him to insure that noise level and operating hours are suitable to everyone. Think you in advance for your consideration. Sincerely, Ryan Lettner Quickfire Pizza (651) 439 -7009 Lift Bridge Brewery May 8, 2013 Page 2 2) Approve Special Use Permit for Outside Sales to allow a tap room patio, contingent upon approval of 2nd reading and adoption of ordinance amendment. EVALUATION OF REQUEST I. ORDINANCE AMENDMENT Tap rooms and tap room patios are not normally found in an office zoning district. Nor for that matter are breweries. However, the City was interested in having Lift Bridge Brewery establish a Stillwater home and created a nuanced amendment that allowed “limited bottling works”1 in the BP-O District. Stillwater’s office district is such an eclectic mix of uses that it did not seem to be a departure from the norm. Subsequently the State Legislature passed a law to allow craft brewers such as Lift Bridge to sell their own beer at their brewery if they applied for a tap room license. Lift Bridge received such a license and the tap room has become popular enough to desire an outdoor seating area. As the City Council considers this amendment request, thought should be given to deciding whether the potential impacts of outdoor seating and special events in the West Business Park’s office district are compatible with uses typically found in the district. II. SPECIAL USE PERMIT If the Council finds the amendment to be acceptable, then a Special Use Permit (SUP) would be needed to allow the tap room patio. Two issues related to this specific SUP request merit some discussion. They are public safety and parking. Public Safety The City’s Public Works Director is concerned that there is no safety buffer between the 10 foot wide one-way drive and the patio. Bollards along the patio fence every 6 feet would provide the necessary customer safety. Lift Bridge Brewery agrees to install the bollards. But, they will design them so they are elements of the patio fence, rather than being located just outside the fence. 1 The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system. 2 7 22' 8' gate to private parking lot • • • • • • • • • • • • F • • • I • • • • • • • • • • • • • 22' 20.5' 8' gate to private parking I ot 20.5' 2 ' .,"-171-■•• • •- _.;;""°- r • - 3, ( • _ 2;5' Exposed Agregate concrete slab Existing stone wails • Ceding Fan with tight Haig rig Light 22' Lattce up wai' Cedar Gate 20' x 10' 4111 pergcdia 10' tan PLANNING REPORT REPORT DATE: May 8, 2013 [Revised May 14] CASE NO.: 2013-15 HEARING DATES: Planning Commission May 13, 2013 City Council May 21 & June 4, 2013 APPLICANT: Mark Balay LANDOWNER: Lift Bridge Brewery REQUEST: 1) Ordinance Amendment allowing Outside Sales or Special Events by SUP in the BP-O, Business Park – Office Zoning District 2) Special Use Permit for Outside Sales or Special Events to allow tap room seating area next to Lift Bridge Brewery LOCATION: 1900 Tower Drive COMPREHENSIVE PLAN: C, Commercial ZONING: BP-O, Business Park - Office REVIEWERS: Public Works Director, City Building Official, Fire Marshall, Police Chief, City Clerk PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Lift Bridge Brewery would like to offer outside patio seating to its tap room customers. But, the property is zoned BP-O, Business Park – Office and the outside use is not allowed in this zoning district. SPECIFIC REQUEST 1) Approve first reading of a Zoning Ordinance amendment to allow Outside Sales or Special Events by Special Use Permit (SUP) in the BP-O, Business Park – Office Zoning District ; and Lift Bridge Brewery May 8, 2013 Page 3 Parking The Police Chief has noted that when there are larger parties, events and special events at the brewery, there is insufficient off-street parking. The patio seating area will add more pressure on the parking. Total spaces required – If the approximately 1,800 square feet of retail/tap room space is added to the 1,000 square feet of patio, the total area would be 2,800 square feet. The parking section of the Zoning Ordinance requires one seat for every 120 square feet of “bar” floor area (the closest comparable in the Code). This would yield a parking requirement of 24 off-street spaces. Total spaces available - There will be 17 parking spaces on the brewery property after the patio is built (see site plan). In addition, Lift Bridge has a lease with Heritage Printing to the east to use a row of 14 spaces along their shared property line. This is a total of 31 spaces. Therefore, there is enough off-street parking for normal daily tap room use. When events and large parties are scheduled, parking spills onto Tower Street. But, parking is allowed on Tower, and the road is generously wide. ALTERNATIVES A. Approval If the City Council finds the requests to be acceptable, the first reading of the ordinance amendment could be approved, and the Special Use Permit could be approved with the conditions below: 1. The Special Use Permit shall not become effective until after the second reading of the ordinance amendment and its publication. 2. The site shall be developed in substantial conformance with the plans dated 4/30/13 on file with the Community Development Department. 3. Signage directing customers to the overflow parking area in the Heritage Printing lot to the east must be installed. 4. Bollards must be installed every six feet along the drive aisle next to the patio, unless an alternate means of protecting the tap room customers is approved by the Public Works Director and Public Safety Departments. 5. If an event requires, and has been issued an event permit by the City, then outside vending falls under the auspices of the event permit holder. If there is no such event permit, outside food vending is not allowed. Lift Bridge Brewery May 8, 2013 Page 4 B. Denial If the City Council finds that the ordinance amendment is not advisable, then it could deny the requests. The basis of the decision should be given. C. Table If the City Council believes that more information is necessary to come to a decision, then it could table the case. The 60 day review deadline is June 18, 2013. RECOMMENDATIONS Planning Commission – The Planning Commission unanimously recommended approval of the request with the five conditions identified above. Staff - If the City Council finds the amendment to specially permit outdoor seating areas in the BP-O Zoning District, then staff recommends approval of the Special Use Permit for the tap room patio, with the five conditions identified above. cc Mark Balay Attachments: Zoning & Location Map Air Photo Application materials 2300 1776 138613001120-1242 18 4 13761281 2050 1750 1200 1570-1240 1375 1770 1300 1330 1360 2225 1650 1754-1946 21002159 1800 1390 1460 2001-2011 1555 1549 1543 15 37 1 5 3 1 1572 2020 1931-1901 2000 1876 1826 1700 1701 1826 18501500 1435 1745180918151835 20001990 1840 17301301 1573 1564 1555 1554 1725 1715 1970 1579 1573 1567 1561 152 51519 15131507 15 24 1532 1540 1548 1556 1 5 1 61508 1401 1 4 153115171503 1516153015441558 1515 1535 1513 15011457 1537 15491561 1500 1501 15161532 1529 1548 1541 1500151415281540 2020 2200 2270 2000 1751 1951 1118 217 720 1900 2000 2255 2251 2225 2000 1950 2347 1719 18 7 19 1601-1677 1950 G A R GAR GAR 57 59 61 6371 69 67 65 25232119 1710 0815 3706 04390241 13 3533 11 0907 0531 29 2701 03 1214 221814100602 263034 384246 1500 1500 1500 15001500 1400 2420 48 1825 2190 Curve Crest STILLWATER MEDICALGROUP1790 2220 N ORT HWESTE RN AVE NUE WEST FRONTAGE ROAD 60TH STREET NORTH STATE HIGHWAY 36 WEST FRONTAGE ROAD 60TH STREET NORTH W A S HI N G T O N COTT AGE DRIVE TOWER DRIVE WASHINGTON DRIVING PARK R O A D BENSON BOULEVARD WEST ORLEANS STREET HI GHLAND ROAD BENSONB OULEVA C U R V E C R E S T B O U L E V A R D TOWER DRIVE AVENUE AV EN UE NORT HWESTE RN AVENUE INDUSTRIAL BOUL EVARDINDUSTRIALBLVD WEST ORL EA NS ST Lift Bridge Brewery Lift Bridge BreweryOutdoor Sales AreaSpecial Use PermitCase 2013-15Zoning DistrictsA-P, Agricultural Preservation RA - Single Family ResidentialRB - Two FamilyTR, Traditional ResidentialLR, Lakeshore ResidentialCR, Cottage ResidentialCTR, Cove Traditional ResidentialCCR, Cove Cottage ResidentialCTHR, Cove Townhouse ResidentialTH, TownhouseRCM - Medium Density ResidentialRCH - High Density ResidentialVC, Village CommercialCA - General CommercialCBD - Central Business DistrictBP-C, Business Park - Commercial BP-O, Business Park - OfficeBP-I, Business Park - IndustrialIB - Heavy IndustrialCRD - Campus Research DevelopmentPA - Public AdministrationPROS - Park, Recreation or Open Space DDD DDDPublic Works FacilityROADWATER Lift Bridge Brewery May 8, 2013 Page 5 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN OUTDOOR SALES OR SPECIAL EVENTS SPECIAL USE PERMIT FOR LIFT BRIDGE BREWERY AT 1900 TOWER DRIVE CASE NO. 2013-15 WHEREAS, Lift Bridge Brewery (1900 Tower Drive) requested approval of a Special Use Permit to allow an outdoor seating area (patio) for their tap room customers; and WHEREAS, the Stillwater Planning Commission held a public hearing on May 13, 2013, discussed the request, and unanimously recommended approval; and WHEREAS, City Council held a public hearing and reviewed the request on May 21, 2013. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves of a Special Use Permit for outdoor seating for their tap room customers, with the following conditions: 1. The site shall be developed in substantial conformance with the plans dated 4/30/13 on file with the Community Development Department. 2. Signage directing customers to the overflow parking area in the Heritage Printing lot to the east must be installed. 3. Bollards must be installed every six feet along the drive aisle next to the patio, unless an alternate means of protecting the tap room customers is approved by the Public Works Director and Public Safety Departments. 4. If an event requires, and has been issued an event permit by the City, then outside vending falls under the auspices of the event permit holder. If there is no such event permit, outside food vending is not allowed. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 1776 1120-12 4 2050 1750 1200 1570-1240 1375 1770 1300 1330 1360 1650 1754-1946 21002159 1800 1390 1460 2001-2011 1555 1549 1543 1572 2020 1931-1901 2000 1876 1826 1700 1701 1826 18501500 1435 1745180918151835 20001990 1840 17301301 1573 1564 1555 1554 1725 1715 1970 2020 2200 2000 1751 1951 1900 2000 2251 2225 2000 1950 1719 1601-1677 1950 02 1825 2190 Curve Crest STILLWATER MEDICALGROUP1790 NORT HWESTERN AVENUE STATE HIGHWAY 36 WEST FRONTAGE ROAD 60TH STREET NORTH W A S HI N G T O N C WASHINGTON BENS WEST ORLEANS STREET HIG BEN C U R V E C R E S T B O U L E V A R D TOWER DRIVE AVENUE AV EN U E NORTHWESTERN AVENUE INDUSTRIAL BOUL EVARDINDUSTRIALBLVD WEST ORL EA NS ST Site Lift Bridge BreweryOutdoor Sales AreaSpecial Use PermitCase 2013-15 ORDINANCE NO. _______ AN ORDINANCE AMENDING CITY CODE SECTION 31-325 RELATING TO OUTSIDE SALES IN THE BP-O ZONING DISTRICT The City Council of the City of Stillwater does ordain: 1) AMENDING. Section 31-325, of the City Code entitled “Allowable uses in non- residential districts” is amended by changing the row entitled “Outside sales or special events” to hereafter read as follows: Allowable uses Zoning Districts CA CBD VC BP-C BP-O BP-I CRD PA PWFD PROS Outside sales or special events8 SUP SUP SUP 2) SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 3) EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council of the City of Stillwater this ______ day of June, 2013. CITY OF STILLWATER _________________________ Ken Harycki, Mayor ATTEST: _________________________ Diane Ward, City Clerk                                                              8 These uses may be approved directly by the city council if the event is a one‐time special event not occurring on a  regular basis.  Mark S. Balay, RA 110 East Myrtle Street Stillwater, Minnesota 55082 (651) 430 -3312 4/17//13 City of Stillwater Attn: Bill Turnblad 216 N. Fourth St. Stillwater, MN 55082 B A L A ARCHITECTS Y Dear Mr. Turnblad and Planning Commission Members: Michael E. Balay, RA 8482 Weaver Woods Place Noblesville, IN 46060 (317) 845 -9402 Attached are application materials submitted for Lift Bridge Brewery. They wish to create an exterior patio to serve beverages outside as well as inside. As you indicated this will require a modification of the existing SUP to allow " exterior sales and events" similar to exterior eating areas downtown. You have also proposed that the best means for accomplishing this is through a concurrent zoning amendment. We are prepared and make application here to carry out both of these actions We have researched requirements and ordinances with several governing agencies and determined that the area must be fenced with a 4 ft. fence, and have a seating capacity of no more than 30 persons. This will meet state Liquor License requirements and result in one WAC /SAC being levied. The proposed area is located on existing driveway in the southeast corner of the site, and will have a direct doorway connection to the existing indoor retail area by modifying a current window location. We have attached two illustrations that will further help to explain the concept design. We propose that any additional parking capacity required be satisfied by our current shared parking arrangement with the Heritage Printing facility to the east. A portion of our proposed improvements is a paver walkway connecting our site with that parking lot. This is also illustrated in the attachments. This additional pathway is the only proposed change in impermeable surface proposed. Thanks in advance for your consideration and we will are looking forward to meeting with you and answering any questions you may have during your review of our materials and in the public hearing. Sincer ark S. Bala Mark S. Balay Architects PPOP PTY LINT ;1" 13r 13G Y TOb.,6i10 \/ WM" 0,5') OU00 Ae;A 1,000 5" I-It7CP. PKG. 4 ft, TALI. 5 CUI?ITY nPIMTh1' \ ONE WAY bJVFIAN� C l� 1 �' G. A ISSUE onTE: w ,- o4Em NO: We �ECxEG 5 I i 1 1 w a 1 e r M r n n e s o 1 a A Renovotion and Addition for the THE LIFT BRIDGE BREWERY 1900 TOWER DRIVE STILLWATER MINNESOTA <3. O E,. Tors Man. OP MAC, Oo anygi wHoo °fH` 4 ,°"'"" OWN a: �: «is a Y MArk5.B678Y.�A "6E "' "e5�e` Slillweler, NN 65082 CELL I) 498 -385 CEIL (65I) 967 -9686 u s V. ETA rmj MARK DATE IMIi. DESCRIPTION ARCHITECTS I n d n n a p 1 1 :Ind I o n a \60 0 0 AAM 0 °N\11\16 C I°01905P ANG; �ov '" 9A 'swc oar¢; PROJED/ N°.; 5 1; 1 1 w a 1 0/ M i n n e s o 1 a A Renovation and Addition for the THE LIFT BRIDGE BREW -RY° 1900 TOWER DRI VE STILLWATER MINNESOTA ��apomrcAp�, DK °a, Lp CHOP ., bw 10 71111 IM• w` sup orn.`"n`X1r`"' °pawNll: CHECKEDSn M6ks.Bat.Y,�A " °E "yrOeS�` IZIrrioler, MN 1182 Tel: 4660 490 -3912 CELL (651) 967 -8085 TA MARK DATE INIT. DESCRIPTION gIA A Y 0 0 04 0 5 515 I n d 1 01100 I I s l n d l o n a City Council DATE: May 15, 2013 CASE NO.: 2013-16 APPLICANT: Nancy Musser PROPERTY OWNER: Steven Gnan REQUEST: A special use permit for outside sales, Papa Wheelie’s Bicycle and Surrey Rental LOCATION: 204 Main Street N COMPREHENSIVE PLAN DISTRICT: Downtown Mixed Use ZONING: CBD – Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 2010, the Planning Commission approved an outside sales special use permit to allow Shien Chen to operate a mobile food truck to sell Chinese food at 204 Main St N at the northwest corner of Commercial and Main Streets. The permit conditions required the food truck to operate entirely within the private property and not obstruct the public rights-of-way. The truck is not parked on the site when not in use. REQUEST The applicant requests a new special use permit for outside sales for Papa Wheelie’s Surrey Rental at 204 Main Street N. Rentals will be from a small kiosk with available bicycles and surreys stored in front of the kiosk during hours of operation. The kiosk, bicycles and surreys will be located entirely on private property. The kiosk will be present seasonally, from April to October. The Heritage Preservation Commission reviewed and approved a design review permit for the kiosk and signage at their May 6, 2013 meeting. Proposed hours of operation will be Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The applicant is requesting permission to rent up to 204 Main Street N – Papa Wheelie’s Bicycle and Surrey Rental Page 2 five surreys including two four-seat models and three two-seat models and 12 single bicycle cruisers. Surreys and bicycles will be stored on site during hours of operation and off site when not in use. Proposed routes are along downtown streets and along the river. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outside sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District which allows outside sales by special use permit. The proposed outside sales are consistent with the existing retail use of the property. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. During spring/summer 2013 and 2014, there will be substantial construction activity east of Water Street by both the U.S. Army Corps of Engineers and the City of Stillwater. In addition, paving of the new Brown’s Creek Trail is not expected until summer 2014. To provide a safe environment for all downtown users in the meantime, the Public Works Director and Public Safety Director shall review and approve the proposed route map before each rental season to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, rental activity may be restricted including limiting routes, reducing hours of operation or capping the number of surreys available for rental. There is ample space on the subject property to accommodate two outside sales uses. The property owner is responsible for coordinating between both uses and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights-of-way. The proposed special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. 204 Main Street N – Papa Wheelie’s Bicycle and Surrey Rental Page 3 ALTERNATIVES The City Council has the following options: 1. Approve the request in whole or in part. 2. Deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 21, 2013 but the review period can be extended for another 60 days. RECOMMENDATION At their meeting on May 13, 2013, after a public hearing, the Planning Commission voted 8-0 to recommend approval of the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff and the Planning Commission recommend the following conditions of approval: 1. This special use permit allows seasonal (April to October) surrey and bicycle rentals on private property at 204 Main Street N including a rental kiosk and bicycles/surreys during operating hours. Hours of operation shall be from Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The kiosk shall be removed from the property during the off season. Bicycles and surreys shall not be stored on the property except during operating hours. Any changes in season or hours of operation shall require an amendment to this permit. 2. All rental activities including lining up of customers shall be located on private property and outside the public rights-of-way. 3. For the 2013 and 2014 rental seasons, the Public Works Director and Public Safety Director shall review and approve the proposed route map to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, the City reserves the right to restrict rental activity for these two seasons including limiting routes, reducing hours of operation or capping the number of bicycles/surreys available for rental. 4. Surreys and bicycles shall not be permitted on Main Street except for crossing. 5. The property owner is responsible for coordinating between both outside sales permittees and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights-of-way. 6. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Vicinity Map Location Map Applicant’s form and information RESOLUTION NO. 2013-____ A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR OUTDOOR SALES FOR 204 MAIN STREET N – PAPA WHEELIE’S SURREY AND BICYCLE RENTAL CASE NO. 2013-16 WHEREAS, Steven Gnan made application for approval of a Special Use Permit to allow outdoor sales, on property legally described as: See Exhibit A WHEREAS, on May 13, 2013 the Planning Commission held a public hearing on the requested Special Use Permit and recommended approval with the conditions found below; and WHEREAS, on May 21, 2013 the City Council held a public hearing on the requested Special Use Permit; and WHEREAS, Section 31-207, Subd.(d) of the City Code outlines findings necessary to approve a Special Use Permit, and the City Council finds that: 1. The proposed structure and use conforms to the requirements and intents of Chapter 31 of the City Code [Zoning Ordinance] and of the comprehensive plan, relevant area plans and other lawful regulations. 2. Conditions necessary for the public interest have been imposed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby finds that Section 31-207, Subd (d) is satisfied and therefore approves the Special Use Permit with the following conditions: 1. This special use permit allows seasonal (April to October) surrey and bicycle rentals on private property at 204 Main Street N including a rental kiosk and bicycles/surreys during operating hours. Hours of operation shall be from Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The kiosk shall be removed from the property during the off season. Bicycles and surreys shall not be stored on the property except during operating hours. Any changes in season or hours of operation shall require an amendment to this permit. 2. All rental activities including lining up of customers shall be located on private property and outside the public rights-of-way. Resolution No. 2013-__ Page 2 3. For the 2013 and 2014 rental seasons, the Public Works Director and Public Safety Director shall review and approve the proposed route map to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, the City reserves the right to restrict rental activity for these two seasons including limiting routes, reducing hours of operation or capping the number of bicycles/surreys available for rental. 4. Surreys and bicycles shall not be permitted on Main Street except for crossing. 5. The property owner is responsible for coordinating between both outside sales permittees and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights-of-way. 6. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of May, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk Resolution No. 2013-__ Page 3 S T . R Y B E R M U L S T . E N L I ND E . S TN. U N I O N C OM M E R C I A L E . A V W A T E R LegendZoning A-P, Agricultural Preservation RA - Single Family ResidentialRB - Two FamilyTR, Traditional ResidentialLR, Lakeshore ResidentialCR, Cottage ResidentialCTR, Cove Traditional ResidentialCCR, Cove Cottage ResidentialCTHR, Cove Townhouse ResidentialTH, TownhouseRCM - Medium Density ResidentialRCH - High Density ResidentialVC, Village CommercialCA - General CommercialCBD - Central Business DistrictBP-C, Business Park - Commercial BP-O, Business Park - OfficeBP-I, Business Park - IndustrialIB - Heavy IndustrialCRD - Campus Research DevelopmentPA - Public AdministrationPROS - Park, Rec or Open SpacePublic Works FacilityROADWATER Location Map´ SubjectProperty PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Base Fee: 572 Technology Fee: $25.00 A' Receipt No.: iNtg9 Crj.. I � r Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10 -day appeal period. Once the 10 -day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project a O4 /l/ /Ma //I -s`f. Assessor's Parcel No. � 30 ' i9-/ 6/;7-/ (GEO Code) Complete Property Legal Description* ( *Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District C-73,7> Description of Project Reh'fa. e / "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief;'tt be true and correct: - -l- further certify I will comply with the permit if it is granted and used." 1c gyp( Property Owner Mailing Address =2 / — /4' City - State - Zip .t Telephone No. C0 ( _. �i ' CeN7 Email �(1 63 f_=L /) Signature jC 1'2 J (Signature is reiq fired) uire G-fl (L(L If other than property owner Representative /1/44^. /` Gtc- S /- Mailing Address SAO 6 A/ / //a St ale City - State - Zip 67 L / / /k) t 1e-e-ri fr /(/ S S 08- Telephone No. , 67 - — © 57O G P -- Email Da�a -?-/ �l2Ssarr- 4 q %/. G"o/f'I Signature S: \PLANNING\ADMINISTRATION \FORMS \PLANAPP.DOCX January 29, 2013 ignature is required) Papa Wheelie's Surrey Cycle Rental Company Vision: Papa Wheelie's will provide the best bicycle rental opportunity for the public, bringing family friendly recreation to downtown Stillwater. Business Information: Location -204 N. Main St. The south end of the "Let There Be Light" building. Bike types /styles: Two 4 -seat Surreys Three 2 -seat Surreys 12 Single cruisers Hours Of Operation: Tuesday through Saturday 10:30 am to dusk Sunday 11:00 am to 5pm Possible extended hours for special events or Holidays Rider Rental Agreement: See legal rental form 2013 Route Map: See attached map RECOMMENDED SURREY RIDING ROUTES PAPA WHEELIES 0 TRAIN DEPOT ® CHICAGO DOG ® P.D. PAPPY'S ® GAZEBO 0 WATER STREET INN ® LIFT BRIDGE ® FREIGHTHOUSE ® DOCK CAFE 0 BRICK ALLEY 10 PACKETT COMPANY • • +111 PUBLIC RESTROOMS BIKE TRAIL ADOPTING ASSESSMENT FOR GEO CODE 21.030.20.34.0036 RELATING BUILDING REMOVAL AND CLEANUP (LI 400) WHEREAS, the residence and accessory building located at 402 W. Sycamore have been inspected by the Washington County Health Department and deemed a public health hazard; and WHEREAS, the residence and accessory building located at 402 W. Sycamore have been inspected by the City of Stillwater Building Official and deemed a public safety hazard; and WHEREAS, an abatement order was issued to the property owner on October 4, 2012; and WHEREAS, bids were solicited for the demolition of the residence and accessory building; and WHEREAS, at the November 13, 2012, the City Council awarded the contract for building removal and cleanup; and WHEREAS, the costs of asbestos abetment and demotion is to be certified to GEO Code 21.030.20.34.0036. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, as listed below, is hereby accepted and shall constitute the special assessment against the lands named therein. Building Removal and Cleanup $16,964.32 2. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2013. If the assessment is not paid by November 15, 2013, accrued interest from the date of the adoption of the assessment roll through December 31, 2013 will be added with the first installment due in 2014. If payment is not received by November 15, 2013, the amount listed above will be collected over a 5 year period with interest added at 4.0% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 21st day of May, 2013. ______________________________________ ATTEST: Ken Harycki, Mayor _____________________________________ Diane F. Ward, City Clerk MEMORANDUM May 14, 2013 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Adoption of Assessments – 402 Sycamore Street The residence and accessory building located at the above address were inspected by Washington County and the Stillwater Building Official and deemed as a public health hazard. An Abatement Order was issued to the property owner on October 4, 2012. On November 13, 2013, Council awarded a contract for the demolition and cleanup and to assess the costs to the property. Attached is the proposed resolution adopting the assessments (costs - $16,964.32) the City incurred for the removal of the residence and accessory building. The assessments are to be spread over a 5 year period with an interest rate of 4%. ACTION REQUIRED: If Council wishes to adopt the assessments for the removal of the train owned by Minnesota Zephyr Limited, they should pass a motion adopt a resolution entitled “ADOPTING ASSESSMENT FOR GEO CODE 21.030.20.34.0036 RELATING BUILDING REMOVAL AND CLEANUP (LI 400)” ADOPTING ASSESSMENT FOR GEO CODE 28.030.20.11.0035 RELATING TO NUISANCE ORDINANCE VIOLATION RESULTING IN HEALTH AND PUBLIC SAFETY ENDANGERMENT (LI 401) WHEREAS, an Abatement Order was issued to Minnesota Zephyr Limited on November 16, 2012 for a nuisance existing by reason of a train engine abandoned upon City property; and WHEREAS, that nuisance constituted an immediate danger and hazard, if not immediately abated, would endanger the health and safety of the public. WHEREAS, Minnesota Zephyr Limited did not remove said nuisance as stated in the Abatement Order or as stated to Council at their December 4, 2012 meeting; and WHEREAS, at the December 18, 2012 City Council meeting, the Stillwater City Council directed City Staff to contract and remove train engine from City property and assess all costs to property owned by Minnesota Zephyr Limited identified at GEO Code 28.030.20.11.0035. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, as listed below, is hereby accepted and shall constitute the special assessment against the lands named therein. Supplies and Removal of train from City Property: $10,750.00 2. Property owners may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2013. If the assessment is not paid by November 15, 2013, accrued interest from the date of the adoption of the assessment roll through December 31, 2013 will be added with the first installment due in 2014. If payment is not received by November 15, 2013, the amount listed above will be collected over a 5 year period with interest added at 4.0% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. At anytime thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 21st day of May, 2013. ______________________________________ ATTEST: Ken Harycki, Mayor _____________________________________ Diane F. Ward, City Clerk MEMORANDUM May 14, 2013 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Adoption of Assessments – Minnesota Zephyr As you may recall an Abatement Order was issued to Minnesota Zephyr Limited on November 16, 2012 for a nuisance which constituted a public safety hazard. On December 18, 2012, Council directed staff to remove the train from public property as Minnesota Zephyr Limited did not remove the train from public property by the deadline imposed by Council and assess all costs to property owned by Minnesota Zephyr Limited. Attached is the proposed resolution adopting the assessments (costs - $10,750.00) the City incurred for the removal of the train from public property. The assessments are to be spread over a 5 year period with an interest rate of 4%. ACTION REQUIRED: If Council wishes to adopt the assessments for the removal of the train owned by Minnesota Zephyr Limited, they should pass a motion adopt a resolution entitled “ADOPTING ASSESSMENT FOR GEO CODE 28.030.20.11.0035 RELATING TO NUISANCE ORDINANCE VIOLATION RESULTING IN HEALTH AND PUBLIC SAFETY ENDANGERMENT” N co O CO 0 O N Z N City of Stillwater, Minnesota Recommendations for Issuance of Bonds $7,450,000 General Obligation Water Revenue Bonds, Series 2013/1 The Council has under consideration the issuance of bonds to fund various improvements to the City's water works system. This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. May 21, 2013 Week of June 10, 2013 June 18, 2013, 11:00 a.m. June 18, 2013, 7:00 p.m. Mid July, 2013 Council sets sale date and terms Rating conference is conducted and receipt of rating Competitive proposals are received Council considers award of Bonds Proceeds are received RATING: An application will be made to Moody's Investors Service for a rating on the Bonds. The City's general obligation debt is currently rated "Aa2" by Moody's. THE MARKET: Performance of the tax - exempt market is often measured by the Bond Buyer's Index ( "BBI ") which measures the yield of high grade municipal bonds in the 20th year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 Bond Index). The following chart illustrates these two indices over the past five years. BBI 25 -bond (Revenue) and 20 -bond (G.O.) Rates for 5 Years Ending 5/9/2013 6.5% 6.0% 5.5% • • 5.0% ix 4.5% 4.0% 3.5% 3.0% 00� 04 009 00 09 0„0 b ^O OHO Off N. Q ^� ^ 4 ^ � � � % a h A �t,i �, 5192013 25 bond: 4.22% 20 bond: 3.67% 1{ i1., , r_. t ;�r A. a , :.4 �..;« .� .., -.a ,. d or, '. , a .� t Springsted Dates - - - -• BBI 25 Bond — BBI 20 Bond Prepared by Springsted Incorporated POST ISSUANCE COMPLIANCE: The issuance of the Bonds will result in post- issuance compliance responsibilities. The responsibilities are in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post - issuance compliance responsibilities for your tax - exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and /or reserves. An issue qualifies for a small issuer exception from rebate if the issuer issues $5 million or less of tax - exempt obligations in a calendar year. The City expects to qualify as a small issuer in 2013. However, yield restriction provisions will apply to the debt service fund and any project proceeds unspent after three years under certain conditions and the funds should be monitored throughout the life of the Bonds. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted currently provides arbitrage and continuing disclosure compliance services to the City under separate contracts. Contract amendments adding this issue will be provided to City staff. SUPPLEMENTAL Supplementary information will be available to staff including detailed terms and conditions INFORMATION AND of sale and information to assist in meeting post- issuance compliance responsibilities. BOND RECORD: PURPOSE: AUTHORITY: Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. Proceeds of the Bonds will be used to finance various improvements to the City's water works system. The City owns the water works system which is managed and maintained by the Board of Water Commission (the "Commission "), which was created by the City Charter. Statutory Authority: The Bonds are being issued pursuant to Minnesota Statues, Chapters 475 and 444, and the City's Home Rule Charter. Statutory Requirements: Pursuant to Minnesota Statutes, Chapter 444 and the resolution awarding the Bonds, the Commission will covenant to maintain rates and charges in an amount sufficient to generate revenues to support the operation of the City's water works system and to pay debt service. The City does not have any outstanding bond issues for which net revenues of the water works system are pledged. The projected maximum annual debt service for the Bonds is $114,545. At the time of these recommendations, the City's 2012 audit was not yet available. Therefore the calculation of net revenues of the water works system and verification that such revenues are sufficient to pay the debt service on the Bonds has not been conducted. Once we receive the City's 2012 audit and prior to the sale of the Bonds, we will verify that net revenues of the water works system for 2012 is sufficient to make the projected debt service payments on the Bonds. Page 2 SECURITY AND SOURCE OF PAYMENT: STRUCTURING SUMMARY: SCHEDULES ATTACHED: RISKS /SPECIAL CONSIDERATIONS: SALE TERMS AND MARKETING: The Bonds will be general obligations of the City secured by its full faith and credit and taxing power. The Bonds will be repaid with net revenues of its water works system. The Commission establishes the rates and charges for the City's water works system and will make payments to the City in an amount equal to the debt service payments on the Bonds. Per direction from the City, the Bonds have been structured over a term of 15 years with approximately level annual debt service. Schedules attached include a sources and uses of funds and debt service amortization, given the current interest rate environment. The outcome of this financing will rely on the market conditions at the time of the sale. Any projections included herein are estimates based on current market conditions. Variability of Issue Size: A specific provision in the sale terms permits modifications to the issue size and /or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Bonds maturing on or after February 1, 2024 may be prepaid at a price of par plus accrued interest on or after February 1, 2023. Bank Qualification: The City does not expect to issue more than $10 million in tax - exempt obligations that count against the $10 million limit for this calendar year; therefore, the Bonds are designated as bank qualified. Springsted Page 3 $1,450,000 City of Stillwater, Minnesota General Obligation Water Revenue Bonds, Series 2013A Sources & Uses Dated 07/01/2013 I Delivered 07/01/2013 Sources Of Funds Par Amount of Bonds $1,450,000.00 Total Sources $1,450,000.00 Uses Of Funds Deposit to Project Construction Fund 1,400,000.00 Costs of Issuance 34,750.00 Total Underwriter's Discount (1.000 %) 14,500.00 Rounding Amount 750.00 Total Uses $1,450,000.00 2013A GO Waler RevBonds SJNGLEPURPOSE 511312019 223PM Spi Page 4 $1,450,000 City of Stillwater, Minnesota General Obligation Water Revenue Bonds, Series 2013A DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P +I 105% Levy 02/01/2014 - 14,462.29 14,462.29 15,185.40 02/01/2015 90,000.00 0.550% 24,792.50 114,792.50 120,532.13 02/01/2016 90,000.00 0.650% 24,297.50 114,297.50 120,012.38 02/01/2017 90,000.00 0.850% 23,712.50 113,712.50 119,398.13 02/01/2018 90,000.00 1.050% 22,947.50 112,947.50 118,594.88 02/01/2019 90,000.00 1.200% 22,002.50 112,002.50 117,602.63 02/01/2020 90,000.00 1.350% 20,922.50 110,922.50 116,468.63 02/01/2021 95,000.00 1.550% 19,707.50 114,707.50 120,442.88 02/01/2022 95,000.00 1.750% 18,235.00 113,235.00 118,896.75 02/01/2023 95,000.00 1.950% 16,572.50 111,572.50 117,151.13 02/01 /2024 100,000.00 2.100% 14,720.00 114,720.00 120,456.00 02J01/2025 100,000.00 2.200% 12,620.00 112,620.00 118,251.00 02/01/2026 105,000.00 2.300% 10,420.00 115,420.00 121,191.00 02/01/2027 105,000.00 2.400% 8,005.00 113,005.00 118,655.25 02/01/2028 105,000.00 2.500% 5,485.00 110,485.00 116,009.25 02/01/2029 110,000.00 2.600% 2,860.00 112,860.00 118,503.00 Total $1,450,000.00 $261,762.29 $1,711,762.29 $1,797,350.40 SIGNIFICANT DATES Dated 7/01/2013 Delivery Date 7/01/2013 First Coupon Date 2/01/2014 Yield Statistics Bond Year Dollars $12,860.83 Average Life 8.870 Years Average Coupon 2.0353447% Net Interest Cost (NIC) 2.1480901% True Interest Cost (TIC) 2.1419151% Bond Yield for Arbitrage Purposes.. ........ ........ ............................... 2.0160681% All Inclusive Cost (AIC) 2.4506646% IRS Form 8038 Net Interest Cost 2.0353447% Weighted Average Maturity 8.870 Years Interest rates are estimates. Changes in rates may cause significant alterations to this schedule. The actual underwriter's discount bid may also vary. 2013A GO WaterR,v Bonds 1 SINGLE PURPOSE 5/13,2013 1223 PM Springsted Page 5 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF STILLWATER, MINNESOTA HELD: May 21, 2013 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly held at the City Hall on May 21, 2013, at 7:00 P.M. for the purpose in part of authorizing the competitive negotiated sale of the $1,450,000 General Obligation Water Revenue Bonds, Series 2013A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,450,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2013A A. WHEREAS, the City Council of the City of Stillwater, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $1,450,000 General Obligation Water Revenue Bonds, Series 2013A (the "Bonds ") to finance various improvements to the City's municipal water utility; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 5481992v1 4. Official Statement. In connection with the sale, the City Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2 5481992v1 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to the City's $1,450,000 General Obligation Water Revenue Bonds, Series 2013A. WITNESS my hand on May , 2013. City Clerk 3 5481992v1 PARITY ®. The City is using the services of PARITY® solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY ®, 1359 Broadway, 2nd Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated July 1, 2013, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2014. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature February 1 in the years and amounts* as follows: 2015 $90,000 2016 $90,000 2017 $90,000 2018 $90,000 2019 $90,000 2020 $90,000 2021 $95,000 2022 $95,000 2023 $ 95,000 2024 $100,000 2025 $100,000 2026 $105,000 2027 $105,000 2028 $105,000 2029 $110,000 The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds or the amount of any maturity in multiples of $5, 000. In the event the amount of any maturity is modified, the aggregate purchase price will be adjusted to result in the same gross spread per $1,000 of Bonds as that of the original proposal. Gross spread is the differential between the price paid to the City for the new issue and the prices at which the securities are initially offered to the investing public. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption at a price of par plus accrued interest to the date of redemption scheduled to conform to the maturity schedule set forth above. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. A -2 5481992v1 REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2023, and on any day thereafter, to prepay Bonds due on or after February 1, 2024. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition, the City will pledge net revenues of the City's water utility to be received from the City's Board of Water Commission. The proceeds will be used to finance various improvements to the City's water utility. BIDDING PARAMETERS Proposals shall be for not less than $1,435,500 plus accrued interest, if any, on the total principal amount of the Bonds. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 1/100 or 1/8 of 1 %. The initial price to the public for each maturity must be 98.0% or greater. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. GOOD FAITH DEPOSIT Proposals, regardless of method of submission, shall be accompanied by a Deposit in the amount of $14,500, in the form of a certified or cashier's check, a wire transfer, or Financial Surety Bond and delivered to Springsted Incorporated prior to the time proposals will be opened. Each bidder shall be solely responsible for the timely delivery of their Deposit whether by check, wire transfer or Financial Surety Bond. Neither the City nor Springsted Incorporated have any liability for delays in the transmission of the Deposit. Any Deposit made by certified or cashier's check should be made payable to the City and delivered to Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101. Any Deposit sent via wire transfer should be sent to Springsted Incorporated as the City's agent according to the following instructions: Wells Fargo Bank, N.A., San Francisco, CA 94104 ABA #121000248 for credit to Springsted Incorporated, Account #635- 5007954 Ref: Stillwater, MN Series 2013A Good Faith Deposit Contemporaneously with such wire transfer, the bidder shall send an e-mail to bond servicessprinqsted.com, including the following information; (i) indication that a wire A -3 transfer has been made, (ii) the amount of the wire transfer, (iii) the issue to which it applies, and (iv) the return wire instructions if such bidder is not awarded the Bonds. Any Deposit made by the successful bidder by check or wire transfer will be delivered to the City following the award of the Bonds. Any Deposit made by check or wire transfer by an unsuccessful bidder will be returned to such bidder following City action relative to an award of the Bonds. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota and pre- approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that underwriter is required to submit its Deposit to the City in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement, will be deposited by the City and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION The City has not applied for or pre- approved a commitment for any policy of municipal bond insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of the desired insurer must be set forth on the bidder's Proposal. The City specifically reserves the right to reject any bid specifying municipal bond insurance, even though such bid may result in the lowest TIC to the City. All costs associated with the issuance and administration of such policy and associated ratings and expenses (other than any independent rating requested by the City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the policy after the award of the Bonds shall not constitute cause for failure or refusal by the successful bidder to accept delivery of the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. A -4 SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded up to 25 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 21, 2013 BY ORDER OF THE CITY COUNCIL /s/ Diane Ward City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: May 16th, 2013 RE: 2013 Street Improvement Project Project 2013 -02 DISCUSSION Bids for the 2013 Street Improvement project were opened on Thursday, May 16th, 2013. The City received three bids with the low bid submitted by Hardrives, Inc. in the amount of $1,097,863.09. Hardrives has been the contractor on several of street projects and has performed the work satisfactorily. The engineer's estimate for the project was $1,100,000.00. RECOMMENDATION It is recommended that the City accept the bids submitted for the 2013 Street Improvement Project, Project 2012 -02, and award the contract to Hardrives, Inc. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2013- ACCEPTING BID AND AWARDING THE CONTRACT FOR 2013 STREET IMPROVEMENT PROJECT. ACCEPTING BID AND AWARDING CONTRACT FOR 2013 STREET IMPROVEMENT PROJECT (Project 2013 -02) WHEREAS, pursuant to an advertisement for bids for the 2013 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Hardrives, Inc., Rogers, Minnesota $1,097,863.09 T.A. Schifsky and Sons, Inc., North St. Paul, Minnesota $1,125,529.66 Miller Excavating, Inc. Stillwater, Minnesota $1,145,761.44 ENGINEER'S ESTIMATE $1,100,000.00 and WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. of Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 21St day of May 2013. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk TtiiJ\yar BIRTHPLACE OF M [NN ESOI:A Memo To: Mayor and city council From: Tim Moore, Public Works Superintendent Date: May 17, 2013 Re: Nelson Bathroom Improvements Update BACKGROUND At the May 7th 2013 4:30 City Council Meeting, the council was given a presentation by Brian Larson of Larson Architects LLC that showed the proposed preliminary drawings for the Nelson bathroom remodel project. At that meeting, council decided on two schemes; a low impact design, Scheme A and a more traditional architectural design, scheme E. At that meeting council requested staff to get preliminary construction estimates for the two different schemes. DISCUSSION I have met with several contractors to discuss pricing on the 2 proposed plans. Scheme A with the roof covering only the new bathroom has an estimated cost of $275,000.00 and Scheme E has an estimated cost of $295,000.00. These estimates reflect pricing with the city being the general contractor on the project. This is done to maintain quality of materials and workmanship. The estimates include high quality materials such as Burnished or glazed block, Kohler plumbing fixtures, bar joists and deck along with a standing seem steel roofing for design "E ". Some work on the existing lift station such as door treatments and additional exterior treatments to match the proposed bathroom are also included in this estimate. Because preliminary drawings were used some assumptions were made as to detail, so these numbers are very preliminary. Contingencies are included in these totals, but the contractors that I have talked feel these estimates are safe given the information we have at this time. EXHIBIT A Terms of Proposal THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,450,000* CITY OF STILLWATER, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2013A (BOOK ENTRY ONLY) Proposals for the Bonds and the Good Faith Deposit ( "Deposit ") will be received on Tuesday, June 18, 2013, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time proposals will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY'. For purposes of the electronic bidding process, the time as maintained by PARITY® shall constitute the official time with respect to all Bids submitted to PARITY ®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY® for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY® shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of Preliminary; subject to change. A -1 5481992v1 FLP,T* Lou) ( tove)wrco .4es' Ceti, kw, 0")).21.• Sr—RE E. ,"19) • 147 1...05PTV4-4trrECke-41.,c_, .4( i•Ne40 ! ; I S4 VA-W(9 rotAFtt604,e ya + w + m M " y@ t k VIL N mt4m s- yy a §'�, +.e y 3+ L4- w € a. UM _ y + " p 1 t. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA MAY 21, 2013 – 8:30 A.M. 1. 8:30 Roll Call Pledge of Allegiance 2. 8:30 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities 3. 8:35 Consent Calendar – Roll Call Vote 4. 8:35 General Administration – Molly O’Rourke, County Administrator A Presentation of Findings of the 2013 Washington County Residential Survey – Erin Caldwell, Senior Research Associates, National Research Center, Inc. B. Amendment #4 to Agreement with the State of Minnesota Tenth Judicial District, Court Administration – Kevin Corbid, Deputy Administrator C. Resolution – Allocation of Funds from 2012 Budget Year Savings to Fund County Liability for Other Post-Employment Benefits – Kevin Corbid, Deputy Administrator D. Legislative Update 5. 9:15 Commissioner Reports – Comments – Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:30 Public Hearing – Public Works Department – John Elholm, Parks Division Manager Resolution – Hardwood Creek Trail Master Plan 7. 9:50 Property Records and Taxpayer Services – Steve Gransee, Division Manager A. Resolution – Setting Public Auction on Tax Forfeited Land for June 24, 2013 B. Resolution – Disposal of Abandoned Personal Property 8. Board Correspondence 9. 10:05 Adjourn 10. 10:10 to 10:40 – Board Workshop with Public Works Update on the Washington County Highway Safety Plan as a Joint Effort with the Minnesota Department of Transportation 11. 10:45 to 11:25 – Board Workshop with Public Works and the Office of Administration Discuss Public Works Infrastructure Needs and General Bond Information Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 21, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the May 7, 2013 County Board Meeting minutes. B. Approval to reappoint Thomas Polasik, Stillwater Township and Kristin Tuenge, Scandia, and appoint David DeVault, May Township, to the Carnelian-Marine-St. Croix Watershed District Board of Managers to terms expiring June 21, 2016. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA MAY 14, 2013 – 9:00 A.M. 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 or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities 3. 9:10 Consent Calendar – Roll Call Vote 4. 9:10 General Administration – Molly O’Rourke, County Administrator A. Revised County Mission Statement, Goals, and Values B. Resolution – Legislative Citizen Commission on Minnesota Resources Grant Proposal C. Legislative Update 5. 9:25 Commissioner Reports – Comments – Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:40 County Attorney’s Office – Brent Wartner, First Assistant County Attorney Joint Powers Agreement with the State of Minnesota, Department of Corrections 8. 9:45 Adjourn 9. 9:45 Washington County Regional Railroad Authority (RRA) Convenes A. Roll Call B. 1. Grant with Met Council, Construction of the Newport Transit Station 2. Sub-Recipient Agreement with Met Council, Construction of the Newport Transit Station 3. Amendment No. 2 Counties Transit Improvement Board (CTIB) Grant to Extend Term of the Grant Agreement 4. Amendment No. 3 for the CTIB Grant to Increase Grant Award C. Resolution – Development Agreement with the City of Newport for the Newport Transit Station and Related Development Documents Including the Final Plat 10:00 D. Adjourn 10. 10:10 to 10:55 - Board Workshop with Public Health and Environment Overview of Water Resources and Subsurface Sewage Treatment System Programs Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 14, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the April 30, 2013 County Board Meeting minutes. B. Approval to appoint Terence Derosier, Grant, to the Washington County Minnesota Extension Committee, to a first term expiring December 31, 2015. County Attorney C. Approval for the use of fund balance in the County Attorney’s forfeiture fund for the purchase and installation of an A/V system in the County Attorney’s conference/training room. Community Services D. Approval of the contract with LifeStyle Adult Day Center to provide Homes and Community Based Services for the Medical Assistance Waivers and Alternative Care Grant. E. Approval of the contract with Forever Cares Home Care to provide Home and Community Based Services for the Medical Assistance Waivers and Alternative Care Grant. Library F. Approval of resolution authorizing two one-time adjustments to library hours in 2013. G. Approval of resolution to adopt 2013 Library Board policies. H. Approval of resolution, accept the donation of $1,250 from the Wildwood Lions Club for purchase of large-print books, audiobooks and e-books for the Wildwood branch of the Washington County Library located in Mahtomedi, Minnesota. Property Records and I. Approval of the plat J V Peterson Addition located in West Lakeland Taxpayer Services Township. J. Approval of the plat for Jasper Estates located in Grey Cloud Island Township. Public Works K. Approval of supplemental agreements 8, 9, 10, and 14 in the amount of $345,627.34 to the County State Aid Highway 2 Broadway Avenue reconstruction project with Redstone Construction. L. Approval of resolution authorizing the Parks Division to conduct a deer harvest in the Lake Elmo Park Reserve. Summary of Proceedings Washington County Board of Commissioners May 7, 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. Accounting and Finance Approval to increase the Petty Cash and Change Funds by $450. Commissioner Reports – Comments – Questions The Commissioners reported on the following items: - Commissioner Lehrke – reported she has been involved in interviewing applications for the Youth-Teaching-Youth Coordinator full time position; she met with Dr. Jacobus, School District 833 for an update on the recycling program; she attended the Red Rock Corridor meeting for an update on the Alternative Analysis and they approved a letter of support for the County Road 19 Highway 61 interchange; she attended the Sheriff’s cadet graduation ceremony; she attended a number of community events including a local food shelf fundraiser, a Cottage Grove volunteer appreciation event which honored Majel Carroll; she attended an open house for the County Road 19-20-22 realignment; and she attended the Denmark Town Board meeting; - Commissioner Weik – reported she attended the Corridors of Opportunity Policy Board and announced that a regional housing forum event will be held on June 6, from 8:00 to 11:30 at the Bloomington Center for the Arts; she attended a Gateway Corridor consultant selection committee; she attended the Southwest Corridor Management Committee; the Metropolitan Council Transportation Committee held a regional solicitation evaluation workshop for policy makers; and she announced that the Washington County Library will be participating in the Lions garage sale to offer their Books for Treats Halloween program. Community Services Approval of Resolution No. 2013-049, Washington County’s 2013 Annual Action Plan for the Community Development Block Grant and HOME Investment Partnership Programs and authorize submission of such grant request to the United States Department of Housing and Urban Development. General Administration Approval of the following actions: - April 16 and 23, 2013 Board meeting minutes; - Resolution No. 2013-050, 2013 1st quarter donations, gifts, and bequests in the amount of $3,400.29; - Legislative update presented including news that the federal government has increased the federal reimbursement rate for the county’s participation in the implementation of the Affordable Care Act from 50 to 75 percent; - Reminder of the 19th Annual Law Enforcement Memorial Day Celebration at the Historic Courthouse on Wednesday, May 15 at noon; - Board correspondence was received and placed on file; - Board workshop held with the Metropolitan Council to discuss the Thrive MSP 2040 goals, process and time table; - Board workshop held to review recommendations, cost estimates, and draft implementation strategy from the security task force. Property Records and Taxpayer Services Approval of the following actions: - On-Sale and Sunday Liquor License for the Afton Apple Orchard, Cenco Farms, Inc., Denmark Township; - 1-4 Day temporary On-Sale Liquor License for Concordia Language Villages, May Township, May 16-19, 2013. Public Health and Environment Approval to appoint Dennis Hanna, Grey Cloud Island Township, to the Groundwater Advisory Committee as a watershed district representative to a first term expiring December 31, 2014. Public Works Approval of the following actions: - Set public hearing date of May 21, 2013 to review and approve the Hardwood Creek Regional Trail Master Plan; - Award bid to Parkos Construction Company, the lowest responsible bidder, for flashing, soffit, and fascia restoration and repair at the Historic Courthouse in the amount of $78,568; - Contract with SRF Consulting Group, Inc. for design engineering for the County State Aid Highway 15 project at a cost of $60,312; - Service contract with The Brickman Group, Ltd for landscape maintenance services in the amount of $90,403.80; - Traffic signal maintenance agreement with the City of Oakdale at the intersection of County State Aid Highway 10 and Hallmark Avenue; - Amendment No. 3 to cooperative agreement with the South Washington Watershed District for the County State Aid Highway 19-20-22 roadway realignment project; - Cory Slagle, Transportation Manager, congratulated on receiving the 2012 National Association of County Engineers Project Manager of the Year Award for his work on the Broadway Avenue Project in Forest Lake; Resolution No. 2013-051, master partnership contract with the Minnesota Department of Transportation. Regional Railroad Authority The Regional Railroad Authority (RRA) met and approved the following items: - RRA meeting minutes from April 2, 2013; - Resolution No. RRA-2013-002, participate and fund the Rush Line Corridor Advanced Alternatives Analysis. 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.