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2013-06-04 CC Packet
REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 4, 2013 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Update on Lily Lake improvement – Del Peterson IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 10. Possible approval of May 21, 2013 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Proclamation: Taco Bealka Day 12. Parking Request – Special Olympics – Karin Housley X. 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. XI. 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. 13. Resolution 2013-092, directing payment of bills 14. Resolution 2013-093, approval of Master Services Agreement with Zayo Enterprise Networks – MIS 15. Resolution 2013-094, approval of Agreement with RES Specialty Pyrotechnics for July 4, 2013 Fireworks 16. Possible approval of noise ordinance wavier for Summer Tuesdays 17. Resolution 2013-095, approving salary for temporary, seasonal Engineering Intern XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 18. Case 2013-13. This is the date and time for a public hearing to consider a request from Corey Fedie, representing Lakeview Memorial Hospital, for a special use permit to convert church property at 850 Churchill Street West, for use by Lakeview Hospital as business office in the RB, Two Family Residential 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) XIII. UNFINISHED BUSINESS 19. Possible approval of second reading of Ordinance 1060, an ordinance amending City Code Section 31-325, relating to outside sales in the BP-O Zoning District (Ordinance – Roll Call) 20. Discussion on Aquatic Plant Management Plan XIV. NEW BUSINESS 21. Update on Terra Springs Assessment Agreement XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT I write this letter to the citizens of Stillwater to bring their atten- tion to their City Council and County Board members and a situation that is just plain wrong and unjust. The Terra Springs condominium site was developed by the City of Stillwater on the old prison grounds on N. Main st. The costs to prepare the site for development were financed by a bond. The city and the developer devised a Minimum Assessment Agreement that applied only to this building site. The agreement states that property valuation for tax purposes can never fall below an arbitrary fixed level, no matter what the actual dollar amount that a Terra Springs unit sells for. This is totally unique to Stillwater, no other property is subject to a similar agreement. The city and the developer did not disclose this agreement to any purchaser. The agreement was filed at the courthouse and does show up in the fine print of the twenty page title insurance policy, on about page nineteen, but not in the sale paperwork. None of the Terra Spring residents were aware of the agreement. The city apparently couldn't find it either, because the assessor didn't enforce the agreement for a couple years as prices fell with the recession. Through some fluke the assessor came across the agreement and they now are enforcing it. There has been lots of sympathy and apologies etc. but the residents are stuck with this "secret" agreement. Please beware of city hall, they appear to be ca- pable of almost anything. This agreement is arbitrary and wrong. When I was raised I was told that government was meant to serve and protect you!!! Things have certainly changed. Thank you, Tom Gleason 610 Main Street North Stillwater, MN 55082 Lily Lake Association LILY LAKE - WATER QUALITY IMPROVEMENT PROJECTS City of Stillwater • - r F .j .. A /.. Xf PROIEtri" N"�'� x , a... Costllb,:,�•, lP /N,. �Pi+�'� � iii /� � j ONE -TIME CO IVIPUTED PROJECTS - Lake Street Ravine and NW Diversion and Treatment (Project #9613) , 19991 252,822 Y This project may have developed excess funds, possibly used for later projects. I , Needs ongoing detention pond maintenance. W Olive St Diversion (Project #2002 -10) — 2002$ 196,943 _ P Project proposed by Bonestroo would have reduced P by 20 lb /yr. Everett/Orleans Storm Improvements 2006 $ 19,000 Y Lily Lake Parking Lot (Project #2006 -03) 2008 $ 15,000 3 lb Y $175,172 total ro'ect cost, onl $15,000 for water quality (rain gardens). Driving Park and Trotter Ct Ravine Repair (Project #20.06_ -07) 2008 $ 30,346 Y Wet Pond Excavation (Feeley's Pond) Lily #18 2009 $ 44,940 30 lb Y Wet Pond Excavation (Victoria Ct) Lily #13 _ _ 2009? $ 25,803 20 lb _ Y Lily Lake Boat Launch BMP _ _ BMP boat launch restoration Lily Lake Storm Water Retrofit (02 and 03) _- _ $ 54,250 10 lb $43,400 came from Clean Water Grant. - -- ON GOING A&NUALPROJECT5: Watershed Education annual $2,000 /yr - Phorporous sources and vegetation management. Additional Street Sweeping annual Detention Pond Maintenance ___..___------- annual Water Quality Monitoring (Lily Lake) - - -- - - - - - -- annual $1,500 /yr Water Quality Monitoring (Brick Pond) annual Measure Internal Phosphorous Release (Lily Lake) annual ITEMS FOR FUTURE CONSIDERATION: Benson Ravine Repair Churchill St Diversion South to Detention Basin - Hospital Ponds (SEH 1996) $ 97,100 22 of 30 lb $ 385 P 1997 estimated cost. Hosp ponds only reduced P by 71b. To be consstructed when Greeley Street is improved. Infiltration Basin Lily #3 (Wenck 2007 + WCD 2009) - -- $ 92,500 20 lb Wenck study 2007 + WCD Report Infiltration Basin Lily #2 (Wenck 2007 + WCD 2009) $ 83,300 15 lb Wenck study 2007 + WCD Report Infiltration Basin Lily #15 (Wenck 2007) -- $ 84,500 15 lb _ Wenck study 2007 Infiltration Basin Lily #1 (Wenck 2007 + WCD 2009) $ 77,500 10 lb Wenck study 2007 + WCD Report Shoreline Restoration (Wenck 2007 + WCD 2009) $ 50,000 ? Wenck study 2007 + WCD Report Pine Tree Trail diversion (SEH 1996) -- �$- 72 „);l0 - - 1997 estimated cost Brick Pond Alum Treatment System (SEH) -- -- $ 225,000 60 of 94 lb $ 327 ;Alum treatments noted in all three engineering studies. Lily Lake and /or Brick Pond Alum Treatment (Bonestroo 1999) $18- $30,000 Lily, $3- $6,000 Brick -- In -Lake Alum Treatment (Wenck 2007) _ - - $ 56,000 Wenck study 2007 Iron -Sand Filter- Brick Pond - - - -- - - - - -- - - -- ? ?? City+ WCD pilot program at Browns Creek Iron -Sand Filter -Jackson Pond — ? ?? City+ WCD pilot program at Browns Creek Iron -Sand Filter - Other Detention Ponds ? ?? City +WCD pilot program at Browns Creek — Highway 36 Storm Sewer Diversion to St Croix River (Bonestroo 1999) $ Part of St Croix Crossing bridge project. (Redesigned to be handled thru holding Brick Pond Diversion (pumped) East to St Croix River (SEH 1997) $ 131,720 10 of 94 lb $ 875 ; Suspect could remove more phosphorus than estimate. [Unlikely to be - -- -- - _ - -- - -. permitted per newPCArulings] Churchill St diversion north to St Croix River SEH 1997 ( ) - -- $ �{ 2aa.` >:,.3 15 of 30Ib $ 9i - 1997 estimated cost. [Unlikely to be permitted per new PCA rulings] 2013 -06 -03 LILY LAKE PROJECTS Page i of 1 6/4/2013 (1:55 PM) ily Lake Association Our /Ylission... To preserve and enhance the quality and enjoyment of Lily Lake... ... for all members, residents, and the general public through stewardship, education, communication, coordination, and lobbying 6/4/2013 1 Lily Lake Association Timeline Wenck Aquatic Plant Study- 2073 (increasing clear water areas by plant management UICD Stormwater Retrofit Rssessment - 2009 (phosphorus reduction) • • 2009 - City 2030 Comprehensive Plan • 2007 - Wenck Lake Management Plan • 1999 - Bonestroo Water Quality Review • 1997 - SE14 Enhanced Study (expanded detail & grant /loan opportunities) 1996 - SEN Study (removal of excess nutrients) • 1995 - City 2015 Comprehensive Plan 6/4/2013 2 Lily Lake Association rtnN _dal AMMw1MOMCTs ............ nwn 22 --- ---------- - ------------- .. . - - ------- ........ . ----------- City Council Actions... been aone... yet our fame is stin on ininnesova s --impairea wavers tist; 6/4/2013 3 --- - ------ City Council Actions... been aone... yet our fame is stin on ininnesova s --impairea wavers tist; 6/4/2013 3 Lily Lake Association wow— The latest; report... Uly L,k, 2009 - Washington Conservation District - Stormwater Retrorit Assessment 6/4/2013- 1! .Lily Lake Association Catchment Ranking (WCD) Catchment Reiro Type BMP TP TP Volume Overall Est. O &M Total Est. Rank or Pond ID area Reduction Reduction Reduction cost Term Term Isq ft) 1 %) Ilb /yrl lac /ft /yd (years) Cost /lb TP /30 y- LILY 03�� B 1,244 10��� 5.0 4.018,951 �30 $313 1 LILY -04 6, PS, VS 773 10 3 3 2.9 $13,552 30 $313 1 LILY -02 B 1,124 10 45 33 517,173 30 $315 3 LILY -01 B 1,100 10 4 4 3 6 $16,818 30 $315 3 LILY -12 B 797 10 32 2.5 $12,357 30 $316 5 LILY -07 B. VS 1,965 26 1 0 58 $22,283 30 $318 6 LILY -09 B 1,151 20 4.3 3.6 $17,573 30 $337 7 LILY 22 B 1,400 20 i C 4 2 $21,267 30 $3S2 8 LILY -21 B 1,208 20 43 16 $18,417 30 $353 9 LILY-10 B, P5, F 713 lU 2 `3 2 4 $14,696 30 $353 ZP13 -W WD n/a 50 20 0 $130,000 15 $433 i1 �P18-W WD n/a 50 39 12 TOTAL : ` '" 919 36 z_ a� t� Broretention (infiltration and /or filtration) F = Fihration (sand curtain, surface sand filter, sump, etc -) PS = Permeable Surface (infiltration and /or filtration) VS = Vegetated Swale (wet or dry) Wn = Wet Detention or wetland creation (new pond) 6/4/2013 5 Lily Lake Association Unique characteristics... illwater as- S�nge pc a etl on baecM1 S.nmmrg Eeacn�ana ItlquarOz Ban IaurcM1 wrtM1 Cnck 8 finning qer Electnc boat moto,a on Lili Laxe onhx Pro- active vs Re- active... Plant Management — Phorphorus Removal —Total $70,000 $60,000 $50,000 $40,000 $30,000 .- ,..»,_._........,--._m.... $20,000 $70,000 x- 2014 2075 2016 2077 2075 2019 2020 2027 r 6/4/2013• 31 ,Lily Lake Association Collaboration Gtlebsite... Lily t k, ficrcciaticn To PRESERVE and FAIRRAICE 6/4/2013 RESOLUTION 2013 -092 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 $459,011.25 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 4th day of June, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2013 -92 LIST OF BILLS 3D Specialties, Inc. A and S Training LLC Action Rental, Inc. AdvantageHealth Corporation Aramark Uniform Services, Inc Aspen Mills Avenet Web Solutions LLC Bjorklund Compensation Consulting, LLC Bolton and Menk, Inc. Carquest Auto Parts CDW Government, Inc. Century College Century Link Century Power Equipment Cities Digital Solutions Comcast Consolidated Welding Supply Curb Masters, Inc. ECM Publishers, Inc Emergency Apparatus Maintenanc Fastenal Company First -Shred FleetPride Forestry Suppliers, Inc. Fury Dodge Chrysler Holiday Credit Office IACP Iceman Industries, Inc. ICMA Membership Renewals ITL Patch Co., Inc. J.P. Cooke Co. The John Deere Landscapes /Lesco Kath Companies Keeprs Inc L3 Communications Lakeview Hospital Larson Ryan Loffler Companies, Inc. Menards Meredith Nathan Metro Fire Metropolitan Mechanical Contractors, Inc. Minnesota Department of Health MN Crime Prevention Association Municipal Code Corp. Galvanized channel 3 day patrol rifle instructor course Concrete and mixer HRA, Biometrics, Seminars & SHAPE program Mats and Uniforms Uniform and supplies GovOffice Annual Service Package Professional services Smoke testing Auto parts and supplies Parts for computers Fire Apparatus class Phone Parts and supplies Support Renewal on Laserfiche Internet, Voice, TV Welding supplies Pavement and sidewalk repair Publications Vehicle repair ORing Shredding service Soft seat and core Paint and magnails Vehicle repair Fuel Membership for Nathan J Meredith Liquid Ice Melt Membership renewal Shoulder emblems O rings Landscape supplies 15W40 Oil Uniform and supplies Squad Car Cameras Blood draws Vehicle repair Contract, Support, Renewals Supplies Reimburse for card keeper with dividers Supplies for safety equipment Start up for new chiller Hospitality Fee Membership dues Supplement to code Page 1 900.69 790.00 309.94 3,282.00 800.66 425.11 1,000.00 545.00 380.50 302.61 1,381.12 134.00 123.40 401.52 8,802.39 545.94 346.42 11,870.45 21.25 6,019.77 2.26 901.80 406.13 98.73 515.79 4.82 120.00 1,816.88 901.55 110.03 20.78 90.26 2,105.03 95.14 22,109.40 100.00 91.80 9,202.59 536.08 15.31 54.21 499.00 35.00 60.00 592.52 EXHIBIT "A" TO RESOLUTION #2013 -92 My Alarm Center NAPA Auto Parts Nelson Auto Center Nelson Marine Motor Service, Inc. Nuss Truck & Equipment Office Depot Our Designs, Inc. R &R Specialties, Inc. Riedel! Shoes, Inc. River Valley Printing Inc. Sentry Systems, Inc. Siebenaler John Sprint PCS St. Croix Boat and Packet Co. Stillwater Collision and Mechanical Stillwater Motor Company Streichers TJB Homes Inc Tri -State Pump and Controls, Inc. Verizon Wireless WalMart Community Washington County Property Records Washington County Road & Bridge Wells Fargo Bank NA Wingfoot Commercial Tire Yocum Oil Company Ziegler, Inc. LIBRARY 1000 Bulbs.com Aramark Uniform Services, Inc Avalos Laura Baker and Taylor Brodart Co CDW Government, Inc. Comcast Demco, Inc. Infogroup Midwest Tape Office of Enterprise Technology Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions, USA Monitoring services Auto parts and supplies 2013 Squad Bracket and deck plate key Filters and oil Office supplies Embroidered flag Spreader cloth Skates Business cards Monitoring services Reimburse for meals while training Iowa Phone Feb, Mar, Apr ramp fees Vehicle repair Oil Change Ammo Grading Escow Refund Install repaired pump Cell phones Gun case and tote box 2013 Truth in taxtn notice & TIF maint Fees Traffic services Refund of UB payment Tires Fuel mini test diesel Hose Light bulbs Janitorial supplies Refund down payment Library supplies Library Materials Belkin USB Telecommunications Processing supplies City Directory Library Materials Telephone Reimburse for expenses Supplies Reimbursement Maintenance Agreement Page 2 87.70 32.59 25,803.82 42.68 316.01 190.55 59.99 175.06 2,951.74 36.34 150.53 75.27 381.49 2,250.00 671.38 29.24 144.70 1,500.00 980.00 1,685.85 24.57 15,725.96 491.93 255.00 2,585.71 290.00 36.86 955.98 62.37 300.00 261.23 1,346.02 16.10 56.90 53.93 350.00 92.59 333.02 94.01 1,046.96 150.00 17.86 EXHIBIT "A" TO RESOLUTION #2013 -92 MAY MANUALS Clark, Dan Land Title Wash Cty License Ctr Xcel ADDENDUM Navico, Inc Clark, Dan Delta Dental Depth Communications Jefferson Fire and Safety Magnuson Law Firm Molstad, Robert J. NASRO Stillwater Medical Group Xcel Adopted by the City Council this 4th Day ofJune, 2013 Custodian Land purchase Reg for vehicles Electricity , Gas Page 3 1,586.25 250,000.00 1,783.50 16,705.08 Lowrance sonar 4,002.14 Custodian 1,057.50 June COBRA 292.90 Labor and parts 212.20 Holmatro cutter and turn out gear 15,642.85 Professional Service 8,192.93 Professional Service 439.97 School resource officer course 495.00 Drug Screening 873.59 Electricity , Gas 16,747.52 TOTAL 459,011.25 Administration M[-4,MORANDUM TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Summer Tuesdays Noise Ordinance Waiver As a result of the City services monetary limit of $1,000 that was approved by Council on May 7, 2013 Summer Tuesdays does not require a contract. The event takes place on Tuesdays from July 9 — August 20, starting at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. City Services: $750 damage deposit (on hold from previous years) 1 electrical box x $20 x 7 dates = $140 46 spaces x $1.5 /day x 7 dates = $483 Total amount due by June 19, 2013: $623.00 RECOMMENDATION: There have not been any issues in the past therefore staff recommends approval of the noise waiver until 11:00 p.m. for Summer Tuesdays and payment for City services by June 19, 2013. RESOLUTION 2013 -095 APPROVING SALARY FOR TEMPORARY, SEASONAL ENGINEERING INTERN BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that effective May 15, 2013, the salary of $13.00 per hour with no benefits for the Temporary, Seasonal Engineering Intern is hereby approved. Adopted by the City Council this 4th day of June, 2013 Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Administration M IH1,MORANDUM TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Special Olympics — Parking Request Karin Housley, president of the Stillwater Chapter of Let's Go Fishing, a nonprofit is again offering free fishing and boating excursions to athletes of the Special Olympics which is scheduled to be in Stillwater on June 20 -22. Attached is an excerpt of the minutes from June 5, 2012 for Council's information on what was approved. City Council Meeting June 5, 2012 Karin Housley, president of the Stillwater Chapter of Let's Go Fishing, a nonprofit, informed the Council the organization is offering free fishing and boating excursions to athletes of the Special Olympics which is scheduled to be in Stillwater June 21 -23. She requested that the City provide 12 parking spaces in the City's south lot for three days for parking for the athletes at no cost. There was Council discussion on other possible parking locations. Motion by Mayor Harycki, seconded by Councilmember Polehna, to direct staff to work with the organization on the best location for the parking. All in favor. Ms. Housley also announced she is running for State Senate. Amy McKee, 601 Fourth Street South, addressed the Council on her ownership of chickens which she discovered is against City ordinance. She is working with a number of other residents who raise chickens to get the ordinance changed. Community Development Director Tumblad relayed there has been no application yet for an ordinance amendment which costs $500. Councilmember Polehna expressed concern that the issue could grow to include other farm animals such as horses, goats, or pigs. Councilmember Roush pointed out there are areas of the City where chickens would definitely be unacceptable, and the Council is required to enforce ordinances that include the entire City. Ms. McKee stated that other cities have ordinances regarding number and care of the chickens. Her children consider the chickens as pets. Councilmember Menikheim proposed that until the chickens become a problem, the City shouldn't worry about it. The Council shouldn't get in the residents' way. Councilmember Cook noted that changing an ordinance takes a lot of staff time and work, justifying the $500 application fee. She believes the group is close to raising the $500 application fee. She would favor directing staff to work with the group if they apply for the ordinance change through normal channels. Councilmember Roush asked Mr. Magnuson if chickens could be allowed in some parts of the City but not others, and he indicated that raising chickens seems to be an urban phenomenon and staff could look at ways that other cities regulate chickens. Chief Gannaway offered that his department can continue to advise the Council when there is a complaint about existing chickens. Motion by Mayor Harycki, seconded by Councilmember Cook, to direct staff to suspend enforcement of the existing ordinance for 90 days pending looking at a possible amendment. Ayes: Councilmembers Cook, Menikheim and Mayor Harycki Nays: Councilmembers Roush and Polehna CONSENT AGENDA Resolution 2012 -089, Directing payment of bills Resolution 2012 -090, Approving Change Order #1 Main Street Pedestrian Walkway Public Restroom Resolution 2012 -091, Approving Change Order #4 Main Street Pedestrian Walkway Public Restroom Approval of North Lowell Park power pole relocation Page 6of11 Y VistaTek ISO 9001 UL Certified May 24, 2013 Daniel G. Mishek 380 Oak Grove Parkway, Suite 100 Vadnais Heights, MN 55127 Dear Honorable City Council Members and Mayor Harycki: I would like to thank you on behalf of me and my family for making our dream come true of owning a building in a great community. We have officially closed on the site and have started the remodeling process. It is a very exciting time! We have a lot of heavy lifting ahead of us but we are motivated and impassioned to see manufacturing become a staple in Stillwater, MN. We hope our location can be used for community events in education, networking and building community relations. Thank you again for the TIF financing and for having the trust and faith that VistaTek will be a great fit for Greeley Street. We are spending a lot of time at the site during the build out and would be open for you to pay us a visit so you can see the before and after results. Warm regards, Daniel G. Mishek Owner I Managing Director INJECTION MOLDING I PRODUCTION TOOLING 1 PROTOTYPE TOOLING www.VistaTek.com 1 parts ©vistatek.com I ph. 651- 653 -0400 380 Oak Grove Parkway, Suite 100, Vadnais Heights, MN 55127 May 9, 2013 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson Sheila -Marie Untiedt, Supervisors Jim Hiniker, Linda Countryman and Fred Brandt, Clerk Kathy Schmoeckel, Attorney Soren Mattick, Engineer Paul Pearson, Planner Berry Farrington, Treasurer Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Hiniker /Brandt moved to adopt the agenda as amended. (3 ayes) 2. MINUTES - M /S /P Brandt /Untiedt moved to approve the April 11, 2013 Stillwater Town Board Meeting minutes as written. (2 ayes, Hiniker abstain) 3. BROWN'S CREEK WATERSHED DISTRICT - Karen Kill, Administrator for Brown's Creek Watershed District was present to give an update on what they have been working on. She distributed copies of their Annual Report and Annual Plan. (Linda Countryman arrived.) Ms. Kill reviewed projects including Oak Glen Country Club, the Stone Arch Bridge, Neal Avenue /McKusick Road area, and working on an iron enhanced sand filter to benefit McKusick Lake and the St. Croix River. They are looking at more emphasis on ground water monitoring. She answered questions from the Board. 4. TREASURER - a. Report given. With the amount of snow plowing, the budget is getting stretched. The Clerk will send a letter to Raleighs to ask them to see if there are any items they have planned that can be cut back or delayed. They should contact Paul Pearson before May 31 to discuss. b. Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 42129 AirFresh Industries $ 70.00 42130 Campbell Knutson, PA 723.50 42131 CenturyLink 101.79 42132 League of Minnesota Cities 7,731.00 42133 Mantyla Well Drilling, Inc. 175.00 42134 MJ Raleigh Trucking 35,367.85 42135 Kathleen Nelson 42.60 42136 Stephen Nelson 785.00 42137 Robert P Ranalla Sr 7.39 42138 Barbara Riehle 66.25 42139 Kathryn Schmoeckel 59.99 42140 TKDA 5,203.83 Stillwater Town Board Mtg. 42141 42142 42143 42144 42145 42146 42147 - 5/9/13 Washington County Taxation Div. 25.00 Washington County Taxation Div. 470.00 US Bank 62.00 Xcel Energy 130.60 Internal Revenue Service 743.61 Minnesota Dept of Revenue 12.31 PERA 409.91 Nelson, Kathleen M 339.02 Nelson, Stephen W 1,163.61 Olson, Marsha Ann 472.16 Ranalla, Sr Robert P 318.61 Riehle, Barbara 669.00 Schmoeckel, Kathryn G 669.70 Untiedt, Sheila -Marie 611.45 Page 2 5. ATTORNEY - a. Orderly Annexation Agreement Extension - This will be discussed further at the upcoming Joint Board meeting. b. Youth Services Agreement - Attorney Soren Mattick had spoken with Mary Planten - Krell, Director of Youth Services Bureau, to discuss how the dates for our budget year. She had preferred the Agreement be written for the current year. The Agreement has also been cleaned -up with references to "City" changed to "Township ". M /S /P Hiniker /Brandt moved to authorize the Chair to sign the Youth Services Contract. (4 ayes) 6. PLANNER - a. Grading Permit Trooien Property - Berry Farrington reviewed the Certificate of Compliance and the conditions. Engineer Paul Pearson added that all the permits have been secured and the construction is anticipated to start next week. The contractor has been very cooperative. We will monitor with respect to erosion control. Paul Pearson has spoken to Paul Bergmann regarding the impact this will have on his property. M /S /P Countryman /Hiniker moved to authorize the Chair to sign the Escrow Agreement. (4 ayes) b. Bill Klein COC - Mr. Klein has been issued a Certificate of Compliance to build a garage between his house and the road. c. MPCA Groundwater Monitoring Well - The tentative date to install this well in Otto Berg Park is May 20th. They will be asked to check with Park Manager Rick Jacobson to see if anything is scheduled in the park on that date. 7. ENGINEER - a. Arcola Trail Temporary Patching - Raleigh will patch this and make other minor pot hole repairs in the Township starting tomorrow. They will also be asked to look at Old Dear Trail and the gravel from the road in Otto Berg Park. b. Seal Coat Update - Paul Pearson suggested the possibility of delaying scheduled seal coating projects until next year when the results of MNDOT's study on the stripping issue may be known. Both the City of Stillwater and Washington County Stillwater Town Board Mtg. — 5/9/13 Page 3 are not doing seal coating. Some of our streets have already been delayed by two or three years. The consensus was that he should go ahead with the seal coating as scheduled and see if we can "piggy- back" with another community. c. Striping on Pawnee - Paul Pearson distributed some guidelines for striping roads. The traffic on this road which has 15 to 20 residences might be 150 to 200 vehicles per day which is not significant enough to warrant striping. Safety issues were also discussed. M /S /P Hiniker /Brandt moved to authorize striping on Pawnee not to exceed $500. (3 ayes, Untiedt nay) The striping will be done on the two curves at a time when the County is doing striping. d. 2013 Bituminous Road Maintenance Project Contract - M/S/P Hiniker /Brandt moved to authorize the Chair to sign the 2013 Bituminous Road Maintenance Project Contract. (4 ayes) e. Calcium Chloride - Raleigh is still gathering cost information on using calcium chloride versus magnesium chloride. This year they will be putting down calcium chloride. f. Arcola Ditch Issue - Brian Axdahl is leasing land along Arcola Trail and he has disturbed the ditch. Steve Nelson will be asked to talk to him about restricting their farming operation and tilling outside of the Township right -of -way. g. McDonald Property - There was discussion of issues with 103rd Street easement which has been suggested by Mr. McDonald in his letter to the County dated 4/20/13 to be vacated. The Township does not want to vacate the existing right - of -way. The Township will have opportunity to review this further. 8. PARCHETA WATER SKI PERMIT - Mary Parcheta was present to discuss her permit for a water ski course on Loon Lake. Steve Nelson said that he has received no complaints. M /S /P Countryman /Hiniker moved to authorize the Chair to sign the permit. (4 ayes) 9. CHIEF OF POLICE - a. Report given. There were 9 burning permit with two for buckthorn. One dog was impounded which was claim and fees paid. b. CUP's - All CUP's have been checked and all are in order. c. Road Restrictions - Road restrictions were lifted on May 6th d. Thomas Anderson COC - The signs for his furniture sales are once again up. They are allowed only one sign on the applicant's property. Steve Nelson will send them a letter reminding them of the terms of their COC which may be revoked if they do not comply. e. Sentence to Serve - They will be working on Friday and Saturday on Neal Avenue south of Highway 96, on the playground and volley ball court in Otto Berg Park and to clean up the beach and buckthorn at Little Carnelian Park and to clean up trails f. MS Bike Race - This is scheduled for May 11th from 7:00 am to about 4 :00 pm. All permits and insurance are in place. g. Building and Fire Code Violations - Steve Nelson distributed a report from Building Inspector Jack Kramer. Numerous violations have been found at the Outing Lodge. More information will follow. Stillwater Town Board Mtg. — 5/9/13 Page 4 10. CLERK - a. Locked Drop Box - A locked drop box would be helpful at the town hall for people to drop off various payments. M /S /P Countryman /Brandt moved to have Bob Ranalla add a slot and lock to our drop box by the bulletin board not to exceed $100.00. (4 ayes) 11. PLANNING COMMISSION - Linda Countryman suggested the Planning Commission might benefit from some informational programs on those months when other business does not warrant a meeting. Air and water issues were suggested. 12. JOINT BOARD UPDATE - Sheila -Marie Untiedt gave an update on recent Joint Board discussions. 13. COMMUNICATION COMMITTEE - Fred Brandt gave an update on the new website. 14. RECYCLING GRANT - Discussion deferred to next meeting. 15. ADJOURNMENT - The meeting was adjourned at 10:00 p.m. Clerk Chairperson Approved AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 4, 2013 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Update on Lily Lake improvement – Del Peterson IV. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 10. Possible approval of May 21, 2013 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 11. Proclamation: Taco Bealka Day X. 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. XI. 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. 12. Resolution 2013-092, directing payment of bills 13. Resolution 2013-093, approval of Master Services Agreement with Zayo Enterprise Networks – MIS 14. Resolution 2013-094, approval of Agreement with RES Specialty Pyrotechnics for July 4, 2013 Fireworks XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 15. Case 2013-13. This is the date and time for a public hearing to consider a request from Corey Fedie, representing Lakeview Memorial Hospital, for a special use permit to convert church property at 850 Churchill Street West, for use by Lakeview Hospital as business office in the RB, Two Family Residential 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) XIII. UNFINISHED BUSINESS 16. Possible approval of second reading of Ordinance 1060, an ordinance amending City Code Section 31-325, relating to outside sales in the BP-O Zoning District (Ordinance – Roll Call) 17. Discussion on Aquatic Plant Management Plan XIV. NEW BUSINESS 18. Update on Terra Springs Assessment Agreement XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT c/o Del Peterson, 1201 Willard St W, Stillwater MN 55082 https://sites.google.com/site/lilylakeassociation/home Page - 1 AGENDA: Meeting: City Council Meeting - Workshop Date: 4th June 2013 (4:30-5:00pm) WORKSHOP BRIEF 1. INTRODUCTIONS Lily Lake Association – Del Peterson (President), Mike Lyner (Secretary) City Staff – Shawn Sanders (City Engineer) Middle St Croix Watershed Management Organization – Jay Riggs (Manager) 2. LILY LAKE ASSOCIATION Purpose of Association (Preserve and Enhance Lily Lake) Communication (One Voice) Website “Think Global (Stillwater)… Act Local (Lily)” 3. WHY ARE WE HERE? Best Use of Citizen’s Money Lake water quality Review improvements already achieved Pro-active vs. re-active strategies for City lake preservation and enhancements 4. NEXT STEPS Further Phosphorus Reduction as a means for Plant Management Authorize funding for proceeding with WCD prioritized projects Identify opportunities for further improvements 5. NEXT MEETING? ATTACHMENTS: Lily Lake – Water Quality Improvement Projects (spreadsheet) Washington Conservation District – Lily Lake Stormwater Retrofit Assessment (Cover + Summary only) Lily Lake AssociationLILY LAKE - WATER QUALITY IMPROVEMENT PROJECTSCity of Stillwater PROJECT NAME YEAR COMPL. ACTUAL COST PENDING COST PHOSPHORUS REMOVED Cost/lb Effective? Y/P/NNOTES ONE-TIME COMPLETED PROJECTS: Lake Street Ravine and NW Diversion and Treatment (Project #9613) 1999252,822$ YThis project may have developed excess funds, possibly used for later projects. Needs ongoing detention pond maintenance. W Olive St Diversion (Project #2002-10)2002196,943$ PProject proposed by Bonestroo would have reduced P by 20 lb/yr. Everett/Orleans Storm Improvements 200619,000$ Y Lily Lake Parking Lot (Project #2006-03)2008145,826$ 3 lbY$172,000 total project cost, only $30,500 for water quality. Includes rain gardens. Driving Park and Trotter Ct Ravine Repair (Project #2006-07)200830,346$ Y Wet Pond Excavation (Feeley's Pond) Lily #18200944,940$ 30 lbY Benson Ravine Repair 2009????Y Wet Pond Excavation (Victoria Ct) Lily #132009?25,803$ 20 lbY ON-GOING ANNUAL PROJECTS: Lily Lake Boat Launch BMPannual???BMP boat launch restoration Watershed Educationannual$2,000/yrPhorporous sources and vegetation management. Additional Street Sweepingannual??? Detention Pond Maintenanceannual??? Water Quality Monitoring (Lily Lake)annual$1,500/yr Water Quality Monitoring (Brick Pond)annual??? Measure Internal Phosphorous Release (Lily Lake)annual??? IDENTIFIED PROJECT, BUT NOT STARTED: Pine Tree Trail diversion (SEH 1996) $ 72,000 1997 estimated cost Churchill St diversion north to St Croix River (SEH 1997) $ 244,539 15 of 30 lb981$ 1997 estimated cost. [INVALID?] Churchill St Diversion South to Detention Basin - Hospital Ponds (SEH 1996) $ 97,100 22 of 30 lb385$ P 1997 estimated cost. Hosp ponds only reduced P by 7lb. To be consstructed when Greeley Street is improved. Brick Pond Diversion (pumped) East to St Croix River (SEH 1997) $ 131,720 10 of 94 lb875$ Suspect could remove more phosphorus than estimate. [INVALID?] Brick Pond Alum Treatment System (SEH) $ 225,000 60 of 94 lb327$ Alum treatments noted in all three engineering studies. Lily Lake and/or Brick Pond Alum Treatment (Bonestroo 1999)$18-$30,000 Lily, $3-$6,000 Brick In-Lake Alum Treatment (Wenck 2007)56,000$ Wenck study 2007 Highway 36 Storm Sewer Diversion to St Croix River (Bonestroo 1999)-$ Part of St Croix Crossing bridge project Greeley Street Pond Construction -$ 13 lbHospital ponds? Infiltration Basin Lily #3 (Wenck 2007 + WCD 2009)92,500$ 20 lbWenck study 2007 + WCD Report Infiltration Basin Lily #2 (Wenck 2007 + WCD 2009)83,500$ 15 lbWenck study 2007 + WCD Report Infiltration Basin Lily #15 (Wenck 2007)84,500$ 15 lbWenck study 2007 Infiltration Basin Lily #1 (Wenck 2007 + WCD 2009)77,500$ 10 lbWenck study 2007 + WCD Report Shoreline Restoration (Wenck 2007 + WCD 2009)50,000$ ?Wenck study 2007 + WCD Report Iron-Sand Filter - Brick Pond (City?)???City + WCD pilot program at Browns Creek Iron-Sand Filter - Jackson Pond (City?)???City + WCD pilot program at Browns Creek 2013-05-19 LILY LAKE PROJECTS (Lyner)Page 1 of 15/30/2013 (11:48 PM) Lily Lake Stormwater Retrofit Assessment Lily Lake Stormwater Retrofit Assessment Prepared by: With assistance from: THE METRO CONSERVATION DISTRICTS for the MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION Lily Lake Stormwater Retrofit Assessment 4 Executive Summary The 22 catchments of the Lily Lake subwatershed, and their existing stormwater management practices, were analyzed for annual pollutant loading. Stormwater practice options were compared for each catchment, depending on specific site constraints and characteristics. Potential stormwater BMP retrofits were selected by weighing cost, ease of installation and maintenance and ability to serve multiple functions identified by the City of Stillwater and Middle St. Croix Watershed Management Organization (MSCWMO). Twelve of the 29 catchments were selected and modeled at various levels of treatment efficiency. These 12 catchments should be considered the “low-hanging-fruit” within the Lily Lake Subwatershed. Lily Lake is demonstrating signs of eutrophication, driven by increased phosphorus loading from the contributing subwatershed (Wenck Associates, Inc., 2007). Total phosphorus (TP) is therefore the major target pollutant within the Lily Lake subwatershed. Reducing the annual TP loading to the lake by 145 pounds will allow the lake to meet desired TP concentrations. Treatment levels (percent reduction rates) listed below for retrofit projects that resulted in prohibitive BMP size/number or were too expensive to justify installation are not included. Reported treatment levels are dependent upon optimal BMP location within the catchment and total BMP area. The recommended treatment levels/amounts summarized here are based on a subjective assessment of potential BMP installations, considering estimated public participation and site constraints. Recommended catchment rankings are based on a relative comparison of the cost per pound of phosphorus reduced over the life of the BMPs. A TP reduction of 93.9 pounds (65% of the target reduction) could be achieved for a total cost of $568,087 if recommended BMPs are installed within the top 12 ranked catchments according the table below. Catchment or Pond ID Retro Type BMP area (sq ft) TP Reduction (%) TP Reduction (lb/yr) Volume Reduction (ac/ft/yr) Overall Est. Cost1 O&M Term (years) Total Est. Term Cost/lb- TP/30 yr Rank LILY-03 B 1,244 10 5.0 4.0 $18,951 30 $313 1 LILY-04 B, PS, VS 773 10 3.3 2.9 $13,552 30 $313 1 LILY-02 B 1,124 10 4.5 3.7 $17,173 30 $315 3 LILY-01 B 1,100 10 4.4 3.6 $16,818 30 $315 3 LILY-12 B 797 10 3.2 2.5 $12,357 30 $316 5 LILY-07 B, VS 1,965 20 7.0 5.8 $22,283 30 $318 6 LILY-09 B 1,151 20 4.3 3.6 $17,573 30 $337 7 LILY-22 B 1,400 20 5.0 4.2 $21,267 30 $352 8 LILY-21 B 1,208 20 4.3 3.6 $18,417 30 $353 9 LILY-10 B, PS, F 713 10 2.9 2.4 $14,696 30 $353 9 2P13-W WD n/a 50 20 0 $130,000 15 $433 11 2P18-W WD n/a 50 30 0 $265,000 15 $589 12 TOTAL - - - 93.9 36.3 $568,087 - - - B = Bioretention (infiltration and/or filtration) F = Filtration (sand curtain, surface sand filter, sump, etc.) PS = Permeable Surface (infiltration and/or filtration) VS = Vegetated Swale (wet or dry) WD = Wet Detention or wetland creation (new pond) 1Estimated overall costs include design, contracted soil core sampling, materials, contracted labor, promotion and administrative costs (including outreach, education, contracts, grants, etc), pre-construction meetings, installation oversight and 30 years of operation and maintenance costs. 2See “City of Stillwater Lake Management Plans – Lily Lake and McKusick Lake,” Wenck Associates, Inc., October 2007 Lily Lake Stormwater Retrofit Assessment 5 Top-Ranked Lily Lake Catchments and TP Removal Potential CITY COUNCIL MEETING MINUTES May 21, 2013 REGULAR MEETING 7:00 P.M. Vice Mayor Polehna called the meeting to order at 7:02 p.m. Present: Councilmembers Kozlowski, Menikheim, Weidner, Polehna Absent: Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Interim City Planner Douglas Public Works Director Sanders Public Works Superintendent Moore City Clerk Ward PLEDGE OF ALLEGIANCE Councilmember Menikheim led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Weidner, seconded by Councilmember Kozlowski. to approve the May 7, 2013 regular, recessed and executive session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation – Engineer Technician III, Ryan Smith Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2013-076, Certificate of Appreciation to Ryan Smith for his dedicated service to the City for over 14 years. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None OPEN FORUM Joanna Tom, Oak Park Heights, representing Friends of Stillwater Area Dog Park, thanked the Council for continued support of efforts to create an off leash area to safely exercise pets in the Stillwater area. City Council Meeting May 21, 2013 Page 2 of 10 Councilmember Menikheim commended the 60-80 people who helped prepare Triangle Park on May 18 in heavy rain, in memory of Annie Bahneman. STAFF REPORTS Fire Chief Glaser informed the Council the DNR has lifted burning restrictions. The Fire Department has been busy over the past 10 days with several mutual aid requests. The Department is compiling an eligibility list for paid on call firefighters. There will be an informational meeting at the Fire Station on June 6. City Clerk Ward noted that tonight’s meeting is being web streamed. At this time only the Council meetings are being web streamed but hopefully in the future Commission meetings will be web streamed as well. City Administrator Hansen summarized recent legislative actions. Under the new LGA formula, the City will gain about $394,000. Cities are now exempt from sales tax. In 2014 there will again be levy limits (3%). The Street Improvement Districts which the City supported made it to the final hours but did not pass. Vice Mayor Polehna added that he could not verify, but was told Legacy Funds were approved to fund the Brown’s Creek Trail bridge over Manning Avenue. CONSENT AGENDA Resolution 2013-077, directing payment of bills Possible approval of Service Award – Scott Zahren – Heritage Preservation Commission Possible approval of Service Award – Howard Lieberman – Heritage Preservation Commission Possible approval of fireworks permit (retail) – Cub Foods Resolution 2013-078, approval of renewal of professional services agreement with Regions Hospital, Emergency Medical Services Resolution 2013-079, approval of distribution of Fire Department retired/out of service personal equipment Resolution 2013-080, approval of group health adjustment for Mayor and Council Possible approval of addition of roof top patio to Rafter’s liquor licensed premises area Possible approval to purchase new backup system – MIS Possible approval to hire replacement Engineering Technician Possible approval of capital release - Library Possible approval to purchase sonar equipment for fire boat through Friends of Fire Fund Resolution 2013-081, approval of National Insurance Services Insurance Trust Joinder Agreement for long-term insurance Possible approval of fireworks permit (retail) – Target Vice Mayor Polehna thanked Scott Zahren and Howard Lieberman for their work on behalf of the City. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None City Council Meeting May 21, 2013 Page 3 of 10 PUBLIC HEARINGS Case No. 2013-09. This is the date and time for a public hearing to consider a request from John Daly, representing the Freight House, for an amendment to the Freight House special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District, and any variances related thereto. Interim City Planner Douglas explained that 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. The Planning Commission unanimously recommends approval of the special use permit amendment as conditioned. Staff recommends approval as conditioned. Vice Mayor Polehna opened the public hearing. John Daly on behalf of the Freight House thanked the Council for consideration of their request and offered to answer any questions. Vice Mayor Polehna closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013-082, a resolution approving a Special Use Permit amendment to allow outdoor live music at the Freight House Restaurant, Case No. 2013-09. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None 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. Interim City Planner Douglas explained that 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 7:00 to 11:30 p.m., and acoustic music from noon to 7:00 p.m. on Sunday, when permitted by weather, generally May to September. To allow amplified music past 10:00 p.m., a zoning ordinance waiver would be needed. This would be the first time an ongoing noise waiver for an existing business has been granted. The other patios downtown have 10:00 p.m. limits. The Planning Commission recommended granting the waiver and music ending at 11:30 p.m. Staff recommends not granting the waiver and ending music at 10:00 p.m., consistent with other downtown businesses that have music. Police Chief Gannaway stated there have been complaints about other downtown establishments that have music after 10:00 p.m. Vice Mayor Polehna opened the public hearing and noted a letter of support from Kate Krisik. Chuck Dougherty, Water Street Inn, stated it is amplified Irish acoustic music, not rock ‘n roll, and the music will face toward the river. The 10:00 p.m. ending time does not make sense for the summertime. He does not believe the Council would be setting a precedent, but should view each application individually. City Council Meeting May 21, 2013 Page 4 of 10 Pete McCauley, musician in the Hounds of Finn, explained that the acoustic instruments on the stage require amplification because they are not loud enough to carry. This is very different from bands on stage with a large sound system. Paul Barber, Stillwater Live Music, who books bands for the Water Street Inn and other bars and restaurants around the Twin Cities, stated the Water Street Inn is unique because it is a low- key, family atmosphere which adds to the ambience of downtown and is good for business. John Daly, chair of the Stillwater Area Hospitality Association, reminded the Council that access to downtown will be difficult for visitors in 2013, so owners and operators are trying to add ways to continue to draw guests to their establishments. He suggested granting the variance as a trial for this year. Councilmember Menikheim stated he is interested in fairness, equity and consistency. He is open to testing the ordinance somehow but he does not want to allow the Water Street Inn to have music till 11:30 but require everyone else to end at 10:00 p.m. Kate Krisik, a resident of Stillwater, pointed out there is no residential areas close by, the music will face the river, and the Council has authority to examine the requests on a case by case basis. She urged the Council to approve the request. Mr. Dougherty pointed out that the height ordinance goes street by street, so there are already differences among areas of downtown. He would be comfortable with a one-year review. Councilmember Kozlowski commented that there are hotel guests, so he does not think the Irish Band will be that big of a problem. Vice Mayor Polehna closed the public hearing. Councilmember Kozlowski stated he has a hard time making distinctions between acoustic versus amplified acoustic music. He feels the Council should not get too specific in defining the style of music. Councilmember Weidner asked Police Chief Gannaway if there have been complaints in the last two years from the Water Street Inn’s music, and the Chief replied he was not aware of any. City Attorney Magnuson explained that if there are complaints, staff will determine if they are founded and possibly present them to the Council at a public hearing, allowing Mr. Dougherty to present his case. The noise ordinance defines decibel levels at the receiving property line. Interim City Planner Douglas added that the way the conditions are currently written, after 2013 it would take some violations of the conditions of the permit in order to reduce the hours. The Planning Commission envisions if things go smoothly this year, there would not be further review. Councilmember Kozlowski commented that he wants to see the businesses continue to succeed and prosper. Councilmember Weidner asked what is considered a complaint, and do complaints have to come from residents or can they come from people using the park, and City Attorney Magnuson responded that the language of the permit requires the complaints to be substantial, verified complaints. It is not a one year permit, but may be acted on and changed if there are substantial complaints. City Council Meeting May 21, 2013 Page 5 of 10 Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to adopt Resolution 2013-083, a resolution approving a Special Use Permit to allow outdoor entertainment at The Water Street Inn, Case No. 2013-10. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Case No. 2013-14. This is the date and time for a public hearing to consider a request from Ryan Lettner for an amendment to the Quickfire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District and any variances related thereto. Interim City Planner Douglas reported that 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 South. The proposed patio location is surrounded on three sides by existing buildings. 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 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. Requested hours of operation are 10:00 a.m. to 10:00 p.m., seven days a week, from April 1st to November 31st. Current hours of operation are from 11:30 a.m. to 9:00 p.m. Monday through Thursday, 11:30 a.m. to 10:00 p.m. Friday and Saturday, and 12:00 p.m. to 8:00 p.m. on Sunday. The Heritage Preservation Commission reviewed and approved a design review permit for the patio. The Planning Commission voted 7-1 to recommend approval of the special use permit amendment as conditioned. Vice Mayor Polehna opened the public hearing. Paul Larson, Quickfire Pizza, emphasized it is a family restaurant, not a bar or nightclub. Neighbors are his best customers and some of his employees, so it is in his best interest to make sure they are happy. Two small compact speakers are proposed as ambient sound so conversations cannot be heard at the next table. Vice Mayor Polehna closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013-084, a resolution approving a Special Use Permit amendment for an outdoor eating establishment for 116 Main Street S – Quickfire Pizza, Case No. 2013-14. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None 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 a special use permit for 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. Interim City Planner Douglas reported that Lift Bridge Brewery would like to offer outside patio seating to its taproom customers. Because the property is zoned BP-O, Business Park–Office, the outside use is not allowed in this zoning district. The Council is being asked to approve first reading of a zoning ordinance amendment to allow outside sales or special events by special use City Council Meeting May 21, 2013 Page 6 of 10 permit (SUP) in the BP-O, Business Park–Office Zoning District; and to approve a special use permit for outside sales to allow a taproom patio, contingent upon approval of 2nd reading and adoption of the ordinance amendment. The Planning Commission unanimously recommended approval with five conditions. Vice Mayor Polehna opened the public hearing. Mark Balay, representing Lift Bridge Brewery, offered to answer any questions. Vice Mayor Polehna noted he was glad that the applicant worked on an arrangement with Heritage Printing next door to offer more parking. Mr. Balay noted they also have an arrangement with Herberger’s for additional parking. Councilmember Menikheim asked about outdoor food vending, and Mr. Balay explained that Lift Bridge handles special events with caterers. When outdoor sales are open, the food truck may come up there but the food truck would have to have a separate permit. That is not what is being requested tonight. Councilmember Menikheim suggested looking at the zoning so that other industries might be able to operate in the Business Park-Office zone. Vice Mayor Polehna closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-085, a resolution approving an outdoor sales or special events Special Use Permit for Lift Bridge Brewery at 1900 Tower Drive, Case No. 2013-15. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the first reading of an ordinance amending City Code Section 31-325 relating to outside sales in the BP-O Zoning District. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None 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. Interim City Planner Douglas noted that the applicant requests a new special use permit for outside sales for Papa Wheelie’s Surrey Rental at 204 Main Street North. 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. Proposed hours of operation will be Tuesday through Saturday, 10:30 a.m. to dusk, and Sunday from 11:00 a.m. to 5:00 p.m. The applicant is requesting permission to rent up to 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 City Council Meeting May 21, 2013 Page 7 of 10 along the river. She noted the one concern from staff was the amount of construction downtown this year, so a condition was added for the 2013 and 2014 rental seasons, noting that 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. The Planning Commission added a condition limiting use of Main Street to crossing only and recommended approval as conditioned. The Heritage Preservation Commission reviewed and approved a design review permit for the kiosk and signage. Staff recommends approval as conditioned. Councilmember Weidner asked if additional parking spaces are required, and Interim City Planner Douglas replied that staff believes this is an accessory use to the existing retail use and they will not be drawing additional individuals to downtown but will cater to existing traffic. Vice Mayor Polehna expressed concerns about operating on Main Street, and Police Chief Gannaway responded that bikes have to follow the rules of the road just like vehicles, and are subject to citations. If there is a traffic hazard, it will be addressed with the owner. Vice Mayor Polehna opened the public hearing. Nancy Musser, 806 Willard Street West, applicant, stated she operated St. Croix Pedicab for the past three seasons. She offered to answer questions. Vice Mayor Polehna closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-086, 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. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None A public hearing to consider the assessments for demolition and cleanup of a single family home located at 402 Sycamore Street. City Clerk Ward explained that the residence and accessory building were inspected by Washington County and the Stillwater Building Official and deemed a public health hazard. An Abatement Order was issued to the property owner on October 4, 2012. On November 13, 2012, Council awarded a contract for the demolition and cleanup and to assess the costs to the property. The proposed resolution adopts the assessments costs of $16,964.32 which the City incurred for the removal of the residence and accessory building. The assessments are to be spread over a five-year period with an interest rate of 4%. Vice Mayor Polehna opened and closed the public hearing. There were no public comments. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013-087, adopting assessment for Geo Code 21.030.20.34.0036 relating to building removal and cleanup (LI 400). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None City Council Meeting May 21, 2013 Page 8 of 10 A public hearing to consider the assessments for the transfer of the train from public to private property. City Clerk Ward reminded the Council that 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 and assess all costs to property owned by Minnesota Zephyr Limited. The proposed resolution adopts the assessment costs of $10,750 which the City incurred for the removal of the train from public property. The assessments are to be spread over a five-year period with an interest rate of 4%. Vice Mayor Polehna opened and closed the public hearing at 8:29 p.m. There were no public comments. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to approve Resolution 2013-088, adopting assessment for Geo Code 28.030.20.11.0035 relating to nuisance ordinance violation resulting in health and public safety endangerment (LI 401). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None UNFINISHED BUSINESS Possible approval of resolution providing for the competitive negotiated sale of G.O. Water Revenue Bonds, Series 2013A City Administrator Hansen explained that the resolution sets the sale for June 18, 2013 at 11:00 a.m. In addition, the City now has continuing disclosure requirements that state if there is any material change such as bankruptcy or lawsuit, the City must disclose that to bond holders. The City has hired Springsted to do this. An amendment to addendum of agreement for continuing disclosure services also needs to be adopted. Motion by Councilmember Kozlowski seconded by Councilmember Weidner, to adopt Resolution 2013-089, resolution providing for the competitive negotiated sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2013A. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna. Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-090, approving amendment to addendum for continuing disclosure services. NEW BUSINESS Possible approval of bids and awarding contract for 2013 Street Improvement Project Public Works Director Sanders informed the Council that bids for the 2013 Street Improvement Project were opened on Thursday, May 16, 2013 and the low bidder was Hardrives, Inc. in the amount of $1,097,863.09. Hardrives has been the contractor on several City projects and has performed work satisfactorily. The engineer’s estimate for the project was $1,100,000. Staff recommends that the Council accept the bids submitted for the 2013 Street Improvement Project, Project 2013-02, and award the contract to Hardrives, Inc. City Council Meeting May 21, 2013 Page 9 of 10 Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to adopt Resolution 2013-091, accepting bid and awarding contract for 2013 Street Improvement Project (Project 2013-02). Ayes: Councilmembers Menikheim, Kozlowski, Weidner, and Vice Mayor Polehna Nays: None Cost update on Lowell Park Restrooms Public Works Director Sanders informed the Council of costs for two of the design options. Based on preliminary designs, Scheme A, the option with a flat roof, would cost approximately $275,000 and Scheme E, with a lower gabled roof, would cost about $295,000. Public Works Superintendent Moore noted the goal is to start construction in late August. The Council should make a decision in the next month if possible. Motion by Vice Mayor Polehna, seconded by Councilmember Kozlowski to approve Scheme E for the Lowell Park Restrooms. Ayes: Councilmembers Menikheim, Kozlowski, and Vice Mayor Polehna Nays: Councilmember Weidner COUNCIL REQUEST ITEMS Vice Mayor Polehna acknowledged an invitation for a commemorative ceremony on the anniversary of D Day by the MN National Guard on Thursday, June 6 from 11:00 a.m. to 12:00 p.m. Councilmember Weidner informed the Council he has met with Bruce Werre of the McKusick Lake Homeowners’ Association, and hopes to have water management issues come back before the Council in the near future. Vice Mayor Polehna encouraged residents to attend Memorial Day ceremonies in the area. ADJOURNMENT Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adjourn the meeting at 8:43 p.m. All in favor. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk City Council Meeting May 21, 2013 Page 10 of 10 Resolution 2013-076, Certificate of Appreciation – Engineer Technician III, Ryan Smith Resolution 2013-077, directing the payment of bills Resolution 2013-078, approval of continuing medical education agreement with Regions Hospital Resolution 2013-079, approval of distribution of Fire Department retired/out of service personal equipment Resolution 2013-080, approval of group health adjustment for Mayor and City Council Resolution 2013-081, approval of National Insurance Services Insurance Trust Joinder Agreement for long-term insurance Resolution 2013-082, a resolution approving a Special Use Permit amendment to allow outdoor live music at the Freight House Restaurant, Case No. 2013-09 Resolution 2013-083, a resolution approving a Special Use Permit to allow outdoor entertainment at The Water Street Inn, Case No. 2013-10 Resolution 2013-084, a resolution approving a Special Use Permit amendment for an outdoor eating establishment for 116 Main Street S – Quickfire Pizza, Case No. 2013-14 Resolution 2013-085, a resolution approving an outdoor sales or special events Special Use Permit for Lift Bridge Brewery at 1900 Tower Drive, Case No. 2013-15 Resolution 2013-086, 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 Resolution 2013-087, adopting Assessment for Geo Code 21.030.20.34.0036 relating to building removal and cleanup (LI 400) Resolution 2013-088, adopting assessment for Geo Code 28.030.20.11.0035 relating to nuisance ordinance violation resulting in health and public safety endangerment (LI 401) Resolution 2013-089, resolution providing for the competitive negotiated sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2013A Resolution 2013-090, approving amendment to addendum for continuing disclosure services Resolution 2013-091, accepting bid and awarding contract for 2013 Street Improvement Project (Project 2013-02) City o� ftC.Qwatett, LAJU Rinesota CPttodarnattorn WHEREAS, Eugene "Taco" Bealka was an outstanding citizen of the City and committed to making Stillwater a better community until his passing in December of 2012; and WHEREAS, 3-fe tirelessly and passionately served our community through his extensive volunteer efforts with many organizations; and WHEREAS, 'Taco served the citizens of the City faithful-Cy and loyally on the City Council- (2000 - 2004), Joint Cable Commission, and Charter Commission; and WHEREAS, The City Council wishes at this time to extend to Taco's famiCy, its appreciation for his dedicated service. NOW, THEREFORE, I, KEN HARYCKI, by virtue of the authority vested in me, as Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim June 5, 2013 as TACO BEALKA APPRECIATION DAY — IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Stillwater to be affixed this 4th day of June, 2013. (Mayon EXHIBIT "A" TO RESOLUTION #2013 -92 LIST OF BILLS 3D Specialties, Inc. A and S Training LLC Action Rental, Inc. AdvantageHealth Corporation Aramark Uniform Services, Inc Aspen Mills Avenet Web Solutions LLC Bjorklund Compensation Consulting, LLC Bolton and Menk, Inc. Carquest Auto Parts CDW Government, Inc. Century College Century Link Century Power Equipment Cities Digital Solutions Comcast Consolidated Welding Supply Curb Masters, Inc. ECM Publishers, Inc Emergency Apparatus Maintenanc Fastenal Company First -Shred FleetPride Forestry Suppliers, Inc. Fury Dodge Chrysler Holiday Credit Office IACP Iceman Industries, Inc. ICMA Membership Renewals ITL Patch Co., Inc. J.P. Cooke Co. The John Deere Landscapes /Lesco Kath Companies Keeprs Inc L3 Communications Lakeview Hospital Larson Ryan Loffler Companies, Inc. Menards Meredith Nathan Metro Fire Metropolitan Mechanical Contractors, Inc. Minnesota Department of Health MN Crime Prevention Association Municipal Code Corp. Galvanized channel 3 day patrol rifle instructor course Concrete and mixer HRA, Biometrics, Seminars & SHAPE program Mats and Uniforms Uniform and supplies GovOffice Annual Service Package Professional services Smoke testing Auto parts and supplies Parts for computers Fire Apparatus class Phone Parts and supplies Support Renewal on Laserfiche Internet, Voice, TV Welding supplies Pavement and sidewalk repair Publications Vehicle repair ORing Shredding service Soft seat and core Paint and magnails Vehicle repair Fuel Membership for Nathan J Meredith Liquid Ice Melt Membership renewal Shoulder emblems 0 rings Landscape supplies 15W40 Oil Uniform and supplies Squad Car Cameras Blood draws Vehicle repair Contract, Support, Renewals Supplies Reimburse for card keeper with dividers Supplies for safety equipment Start up for new chiller Hospitality Fee Membership dues Supplement to code Page 1 900.69 790.00 309.94 3,282.00 800.66 425.11 1,000.00 545.00 380.50 302.61 1,381.12 134.00 123.40 401.52 8,802.39 545.94 346.42 11,870.45 21.25 6,019.77 2.26 901.80 406.13 98.73 515.79 4.82 120.00 1,816.88 901.55 110.03 20.78 90.26 2,105.03 95.14 22,109.40 100.00 91.80 9,202.59 536.08 15.31 54.21 499.00 35.00 60.00 592.52 EXHIBIT "A" TO RESOLUTION #2013 -92 My Alarm Center NAPA Auto Parts Nelson Auto Center Nelson Marine Motor Service, Inc. Nuss Truck & Equipment Office Depot Our Designs, Inc. R &R Specialties, Inc. Riedell Shoes, Inc. River Valley Printing Inc. Sentry Systems, Inc. Siebenaler John Sprint PCS St. Croix Boat and Packet Co. Stillwater Collision and Mechanical Stillwater Motor Company Streichers TJB Homes Inc Tri -State Pump and Controls, Inc. Verizon Wireless WalMart Community Washington County Property Records Washington County Road & Bridge Wells Fargo Bank NA Wingfoot Commercial Tire Yocum Oil Company Ziegler, Inc. LIBRARY 1000 Bulbs.com Aramark Uniform Services, Inc Avalos Laura Baker and Taylor Brodart Co CDW Government, Inc. Comcast Demco, Inc. Infogroup Midwest Tape Office of Enterprise Technology Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions, USA Monitoring services Auto parts and supplies 2013 Squad Bracket and deck plate key Filters and oil Office supplies Embroidered flag Spreader cloth Skates Business cards Monitoring services Reimburse for meals while training Iowa Phone Feb, Mar, Apr ramp fees Vehicle repair Oil Change Ammo Grading Escow Refund Install repaired pump Cell phones Gun case and tote box 2013 Truth in taxtn notice & TIF maint Fees Traffic services Refund of UB payment Tires Fuel mini test diesel Hose Light bulbs Janitorial supplies Refund down payment Library supplies Library Materials Belkin USB Telecommunications Processing supplies City Directory Library Materials Telephone Reimburse for expenses Supplies Reimbursement Maintenance Agreement Page 2 87.70 32.59 25,803.82 42.68 316.01 190.55 59.99 175.06 2,951.74 36.34 150.53 75.27 381.49 2,250.00 671.38 29.24 144.70 1,500.00 980.00 1,685.85 24.57 15,725.96 491.93 255.00 2,585.71 290.00 36.86 955.98 62.37 300.00 261.23 1,346.02 16.10 56.90 53.93 350.00 92.59 333.02 94.01 1,046.96 150.00 17.86 EXHIBIT "A" TO RESOLUTION #2013 -92 Page 3 MAY MANUALS Clark, Dan Custodian 1,586.25 Land Title Land purchase 250,000.00 Wash Cty License Ctr Reg for vehicles 1,783.50 Xcel Electricity , Gas 16,705.08 STAFF REQUEST ITEM Department: MIS Date: 05/31/13 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval of new agreement with Zayo Network Enterprises for T1 service, both PRI service into City Hall and point to point between City Hall and Public Works. The City is currently using Comcast for voice and have had numerous problems with their service. We are switching back to Zayo, the provider we had before Comcast. They have provided us with reliable service in the past. 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: 5/31/13 Page 1 of 12 Zayo Enterprise Networks Master Services Agreement THIS AGREEMENT (the "Agreement ") is made and entered into this 24th day of May, 2013, ( "Effective Date ") by and between Zayo Enterprise Networks, LLC (hereinafter referred to as "ZEN "), and City of Stillwater (hereinafter referred to as "Customer "). Customer and ZEN are individually referred to as "Party" and collectively referred to herein as "Parties." Any Service Addendum ( "Addendum ") and /or other Exhibits attached hereto are incorporated by reference and detail the price, location, and other information about the service(s) to be provided by ZEN. Check the box if applicable This ZEN Master Services Agreement replaces and supersedes any previous ZEN Master Services Agreement. 1. Term. The Term of this Master Services Agreement (MSA) shall commence on the Effective Date and continue for as long as any applicable Service Addendum, Order or other Exhibit associated herewith remains in effect or as long as ZEN continues to provide the Customer with any Service hereunder, whichever is longest. With regard to any Addendum executed under this MSA, the term reflected on the Addendum shall constitute the Minimum Service Term of those services. Upon the expiration of the Minimum Service Term for each Service, each Service's Term shall automatically renew for successive one year terms unless and until either party provides written notice to the other party at least ninety (90) days prior to the expiration of the then current term of their intent not to renew services. This Agreement and/or any Addendum(s) may be terminated pursuant to the provisions of Paragraph 5 "Default" below or as may be additionally defined in any individual Addendum(s). Please reference individual Addendum(s) as Termination fees may apply in the event of Termination during a Minimum Service Teri, 2. Service Descriptions. Exhibits contain service descriptions as well as service specific terms and conditions. a. Transport Service — (See Exhibit A) b. IP Data Service — (See Exhibit B) c. JP Voice Service - (See Exhibit C) d. Collocation Service - (See Exhibit D) e. Primary Rate Interface Service - (See Exhibit E) f. Purchased Equipment — (See Exhibit F) 3. Service Availability. ZEN's ability to provide Customer with services depends upon several unknown factors, including, but not limited to, the quality of the existing wiring at and to the Customer's site and any and all Customer premise equipment. In an effort to evaluate service availability, ZEN may conduct a customer site survey. Notwithstanding anything to the contrary in this Agreement, ZEN shall be allowed to cancel this Agreement without liability to Customer if ZEN determines, in ZEN's sole discretion, that the service cannot be provided to Customer in an economically viable and commercially reasonable manner, with sufficient quality or speed, or as a result of any other factors discovered, including those factors learned through the customer site survey. 4. Construction. Following a site survey, ZEN may determine that construction of additional network infrastructure would be required to provide the Service(s) to the Service Location(s). If applicable, an estimate of the non - recurring charge associated with such construction is detailed on the associated Service Addendum. In the event Customer terminates this agreement for convenience at any time after commencement of such construction, but prior to the Start of Service Date, Customer shall indemnify ZEN for any and all actual costs incurred by ZEN associated with such construction at the time of termination. 5. Customer's Obligations. a. Customer acknowledges and agrees that Customer may be required to provide certain equipment at Customer's premises (the "CPE ") for services depending on Customer's selected configuration(s). The CPE must comply with ZEN's interface requirements. In the event that the CPE or any equipment or software not provided by ZEN impairs Customer's use of any Services, Customer shall nonetheless be liable for payment for all Services provided by ZEN. ZEN shall not be responsible for the operation or maintenance of Customer owned and operated CPE. b. Customer shall be required to provide any and all electrical power and any necessary secondary/back -up power, a suitable cable access route, environment, and space for equipment. 6. Equipment and Installation ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 2 or 12 a. ZEN, or its agent, shall provide, install, maintain, repair, operate and control ZEN's equipment. Unless specifically provided for herein, or in any service request, ZEN shall pay the cost of purchase and installing any ZEN equipment. b. ZEN's equipment shall be used exclusively for providing the Services pursuant to the Agreement, unless otherwise expressly provided. c. ZEN's equipment shall remain the sole and exclusive property of ZEN and nothing contained herein shall give or convey to Customer, or any third party, any right, title, or interest whatsoever in ZEN's equipment. ZEN's equipment shall remain personal property, notwithstanding that it may be, or become, attached to, or embedded into real property. Customer shall not tamper with, nor remove, any identification markings or labels attached to ZEN equipment identifying ZEN's ownership interest in the equipment. d. Equipment and service beyond the point of demarcation ( "demarc ") and /or interconnection between ZEN's facilities and terminal equipment and the wiring at the demarc shall be the sole responsibility of Customer unless otherwise expressly provided herein. e. If Customer provides its own equipment, ZEN shall have no obligation to install, maintain, or repair the equipment. If, on responding to a Customer - initiated service call, ZEN and Customer jointly determine that the cause of the service deficiency was in any way caused by equipment other than ZEN's equipment, Customer shall compensate ZEN for actual time and materials expended during the service call. f. Neither party shall adjust, align, attempt to repair, relocate, or remove the other party's equipment, except as expressly authorized in writing by the other party. g. Customer shall be liable for any loss of or damage to ZEN's equipment caused by Customer's acts. Customer agrees to reimburse ZEN for the reasonable cost of repair of ZEN's equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for reimbursement. h. ZEN shall be liable for any loss of, or damage to, Customer's equipment cause by ZEN's negligence, intentional acts, willful misconduct, or unauthorized maintenance. ZEN shall reimburse Customer for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by ZEN of a written request for reimbursement. 7. IP Address Allocation Policy. ZEN assigns IP addresses to its customers for use with certain IP /data based Services. ZEN shall retain any assigned public IP address when a customer's service is terminated. ZEN and Customer agree that assigned addresses are "non- portable" and other providers are not allowed to route these addresses unless the Customer is peering with other Internet Service Provider(s) in addition to ZEN. Any Customer IP addresses which are allocated directly from American Registry for Internet Numbers (AKIN) will be ported/routed by ZEN where reasonably possible. However, ZEN cannot guarantee the portability/routability of these addresses beyond its own backbone and to the Internet in general. ZEN reserves the right to modify its IP Address Allocation Policy without notice. 8. Payment. a. Customer shall pay all invoices within thirty (30) days of the invoice date. Any invoice not timely paid in full shall be assessed a late fee in the amount 1.5% of the unpaid balance per month or the maximum lawful rate. For past due amounts, ZEN may, after giving Customer five (5) days prior written notice, suspend all Services until Customer has paid its balance in full. b. Written requests for billing adjustments together with all supporting documentation must be received by ZEN within forty-five (45) days from the date of the invoice or the right to billing adjustment shall be waived. c. Any applicable sales, use, commercial or other similar taxes or license fees invoiced to Customer with respect to Services provided by ZEN, shall also be payable by Customer in addition to the other charges set forth in this Agreement or any Addendum. d. In order to provide Services to Customer, ZEN may, at its sole discretion, require a security deposit prior to the Start of Service Date. Any amount(s) shall be later applied to the account balance upon disconnect of Services. 9. Governmental Authority. The obligation of ZEN to provide the Services to Customer is subject to required regulatory authorizations or other underlying rights. In the event ZEN does not have or loses any required regulatory authorizations or other underlying rights to perform hereunder, this Agreement shall automatically terminate. This Agreement may be superseded by a tariff filed with any appropriate regulatory agency, which tariff may contain such modifications of the provisions of this Agreement as ZEN deems appropriate. In the event that such a tariff materially affects Customer's rights or obligations hereunder, Customer may terminate the specific Services so affected without penalty. 10. Assignment. Customer may not assign this Agreement or any Addendum(s) attached hereto, in whole or in part, or assign any rights or obligations without the prior express written consent of ZEN. Any attempted transfer by Customer in violation of this Agreement shall operate as an Event of Default. ZEN may transfer, assign, or otherwise in any manner encumber this Agreement and its rights and obligations hereunder. 11. Default. Either Party may terminate this Agreement or any Addendum(s) in the event the other Party fails to perform any substantial obligation on its part, and does not cure such default within thirty (30) days of receipt of written notice from the non - defaulting Party. If the defaulting Party fails to cure the default within such time, then the non - defaulting Party may immediately terminate this Agreement including any and all Service Addendum(s) and/or other Exhibits attached hereto, and immediately suspend any and all performance without penalty or further obligation upon written notice to the other Party. 12. Limitation of Liability. a. The entire liability of ZEN of whatever nature arising out of the provision of any service hereunder shall not exceed an amount equal to the proportionate fixed monthly charges to customer for the period of service during which any mistake, omission, interruption, delay, error, or defect in the service or equipment, or any other event or action giving rise to a claim occurs. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 3 of 12 b. In no event shall either Party be liable to the other for indirect, special, punitive, consequential, or incidental damages, including but not Limited to, the loss of profits, revenues or data or inaccurate data, even if advised of the foreseeability of such damages. c. ZEN disclaims any express or implied warranties with respect to service or equipment, including without limitation, any implied warranties of merchantability and /or fitness for a particular purpose. 13. Indemnification. Each Party shall indemnify, defend and hold harmless the other Party, its directors, officers, employees, and agents, successors, and assigns, from all damages, costs, expenses and liabilities, including reasonable attorney's fees and disbursements, sustained in any action commenced by any third party in connection with the indemnifying party's performance of its obligations and duties under this Agreement except for those damages, costs, expenses, and liabilities arising from the negligence or willful misconduct of the other party. The indemnified party shall promptly notify the other party in writing of any such suit or claim. 14. Confidentiality. During the Term, Customer shall not disclose to any third party the terms and conditions of this Agreement without the prior written consent of ZEN. Such terms and conditions as well as any information related to the Services provided hereunder shall be considered Confidential Information. Customer agrees to take reasonable steps to prevent the disclosure of Confidential Information to any third party. Such confidentiality obligations shall survive the termination or expiration of this Agreement and shall continue for a period of two (2) years thereafter. 15. Modification. ZEN reserves the right to add or delete service offerings during the term hereof and to modify any Addendum if ZEN provides written notice at least thirty (30) days prior to the modification. In the event of such modification, Customer may terminate such services affected by the modification, without further liability for those services, by giving written notice at the time of modification. With the exception of the foregoing, this Agreement and any Addendum(s) or Exhibits may be amended or modified only in writing by mutual assent of the Parties. 16. Legal Compliance. In conjunction with this Agreement, each party shall at all times comply with all applicable federal, state, and local statutes, ordinances, regulations and orders of any commission or other government body. - 17. Choice of Law. This Agreement shall be governed by the laws of the State of Minnesota. The Parties hereby consent to the exclusive jurisdiction of the state courts of Minnesota with respect to any dispute arising from this Agreement. 18. Notices. All notices shall be in writing and shall be delivered by certified mail return receipt requested or any other delivery system which is capable of providing proof of delivery, including facsimile copy or electronic mail, provided receipt is confirmed. Any such notice shall be deemed effective on the day of actual delivery. All notices shall be addressed to ZEN or Customer as set forth herein. All notices to ZEN shall be addressed to: If to ZEN: Zayo Enterprise Networks, LLC Attn: General Counsel 2300 Berkshire Lane North, Suite 4 Plymouth, MN 55441 Fax: 952- 230 -4200 If to Customer: City of Stillwater 2164TH STN Stillwater, MN 55082 Fax: Email: Attention: The addresses set forth may be changed by appropriate notice to the other party. 19. Entire Agreement. This Agreement and any Addendum(s) or Exhibits attached hereto comprise the complete and exclusive statement of the agreement of the parties concerning the subject matter hereof, and supersede all previous statements, representations, and agreements concerning the subject matter hereof. 20. Severability. If any part of this Agreement shall be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Agreement, and the Customer and ZEN agrees to negotiate with respect to any such invalid or unenforceable part to the extent necessary to render such part valid and enforceable. 21. Force Majeure. Notwithstanding anything herein to the contrary, ZEN shall not be liable to Customer or any other party for any failure of performance if such failure is due to any cause or causes beyond the reasonable control of ZEN including, but not limited to, fire, explosion, vandalism, cable cut, storm or other similar occurrences, any govemmental action or any national emergencies, insurrections, riots, wars, strikes or other labor difficulties, supplier failures, or shortages. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential, v51210 Page4 of 12 22. No Warranties. The Services provided under this Agreement and any Addendum(s) hereunder are provided on an "as -is" basis, without warranty of any kind, express or implied. ZEN hereby disclaims any and all warranties of any kind including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any others arising by statute or otherwise in law from course of dealing, usage of trade or otherwise. 23. Subject to Laws. This Agreement is subject to all applicable federal, state, and local laws, and regulations, rulings, and orders of govemmental agencies, including but not limited to, the Communications Act of 1934, as amended, the Telecommunications Act of 1996, the Rules and Regulations of the Federal Communications Commission, ZEN's applicable tariffs, if any, and the obtaining and continuance of any required approval or authorization of the FCC or any governmental body Zayo Enterprise Networks, LLC City of Stillwater By: By: Name: Name: Title: Title: Date: Date: ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page of 12 Exhibit A - "Transport Services 1. Service Description(s) a. Ethernet Service — Provides unprotected optical wide area network (WAN) transport delivered end -to -end over ZEN owned and/or operated infrastructure. Ethernet Service is provided via industry standard 10 /100 Fast Ethernet or Gigabit Ethernet User Network Interface ( "UNI ") at Customer selected sub -rate bandwidths from 5 to 1000 Mbps in one of the following Customer- selected configurations: — Dedicated point to point connection between two (2) customer locations over a layer 2 optical Ethernet platform. Transport capacity (UNI) must be the same (like to like) for originating and terminating locations. ii. E -LAN — Dedicated multipoint connection between three (3) or more customer locations over a layer 2 optical Ethernet platform. Standard configuration allows transmission of untagged or VLAN tagged frames. iii. Ethernet Access — Dedicated point to point connection between a single customer location and either 1) the Internet or other ZEN provided application service. iv. Private Data Network Service — a secure, private data communications service enabled at Customer premise locations through a common network. Private Data Network includes: local access, transport through the ZEN network, and an optional ZEN owned and managed router at each Customer site, and management and support services as needed to support Customer selected Services. Private Data Network Service provides network connectivity among multiple premise locations suitable for data communications requirements within a private network. Customer may select optional add -on features based on individual Customer requirements ( "Add On Features "). Optional features involve additional charges. b. Private Line Service - Provides dedicated point -to -point and point to multipoint transport over a fiber based SONET backbone. Private Line Service may be available in both protected and unprotected configurations with transmission speeds ranging from I.SMbps (DS1) to 10Gbps (OC -192). c. Wavelength Service - Provides dedicated metro and regional high- speed, unprotected, point -to -point transport using Dense Wavelength Division Multiplexing over a fiber based SONET backbone with transmission speeds of 2.5Gbps and 10Gbps. Standard interface is traditional 2 -fiber hand -off, with an available Ethernet interface available for 10Gpbs speeds only. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 6 of 12 Exhibit 13 - IP Data Services 1. Service Description(s) a. IP Connect — Provides TDM based local IP transport with connection speeds ranging from 1.5Mbps (T1) to 12.0Mbps (8xT) in 1.5Mbps increments. Service includes Dedicated Internet Access, managed router (CPE), and TDM local access circuits. b. Dedicated Internet Access — connectivity and access to the public Internet from Customer's private IP network via a centralized ZEN Provider Edge device. c. Private Data Network Service — a secure, private data communications service enabled at Customer premise locations through a common network. Private Data Network includes: local access, transport through the ZEN network, and an optional ZEN owned and managed router at each Customer site, and management and support services as needed to support Customer selected Services. Private Data Network Service provides network connectivity among multiple premise locations suitable for data communications requirements within a private network. Customer may select optional add -on features based on individual Customer requirements ( "Add On Features "). Optional features involve additional charges. 2. Acceptable Use Policy b. ZEN does not actively monitor nor exercise editorial control over the content of any web site, electronic mail transmission, mailing list, News Group or other material created or accessible over ZEN networks. However, ZEN reserves the right to remove any materials, that, in ZEN's sole discretion, are potentially illegal, may subject ZEN to liability, or violate this Acceptable Use Policy ( "AUP "). Such materials may include, but are not limited to, material that is illegal, inappropriate, obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. Any violation of this Policy may result in the suspension or cancellation of ZEN services without liability to ZEN. Channeling any part of any such activity through ZEN's network resources shall constitute a violation of this Policy. c. ZEN WILL IN NO EVENT BE LIABLE OR RESPONSIBLE FOR THE INTERNET OR ANY INFORMATION CONTAINED THEREON. ZEN DOES NOT WARRANT AND DOES NOT ASSUME ANY LIABILITY FOR ANY CONSEQUENCES SUFFERED BY ANY PERSON AS A RESULT OF OBTAINING INTERNET ACCESS INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM INTERNET CONTENT OR FROM COMPUTER VIRUSES. d. Using ZEN services and equipment for illegal purposes or in support of illegal activities is strictly prohibited. ZEN reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities, which are in violation of any local, state or federal laws, statutes, regulations, treaties and/or tariffs, would constitute a flagrant violation of the AUP. Should any Customer activity threaten the integrity of or threaten to adversely affect ZEN's network, ZEN shall be allowed to take steps to reduce or contain the damage, including termination or suspension of the DIA Service. 3. Fraud and Network Security. ZEN shall not be liable for any damages which Customer may incur as a result of the unauthorized use of Customer's network facilities. Such use includes, but is not limited to, unauthorized access to Customer provided equipment and /or Customer's network. In no event will ZEN be liable for security or protection of Customer's network, transmission facilities or equipment from unauthorized access, or for any unauthorized access to or alteration, theft or destruction of Customer's data files, programs, procedure, and information or other network elements or content through fraudulent means or devices. Customer shall remain responsible for any charges irrespective of any actual or alleged unauthorized or fraudulent use. ZEN shall have the right, but not the obligation, to immediately deactivate Customer's services in the event ZEN reasonably believes such service is the subject of theft or fraud. 4. Spam. ZEN prohibits the transmission, distribution or storage of unwanted or offensive content. Prohibited transmissions include without limitation, viruses, trojan horse programs, messages which include character sequences intended to control the recipient's computer or display screen, make -money fast schemes, pyramid or chain letters, fraudulent offers, threats, harassment, defamation, postings to a newsgroup in violation of its rules, charter or FAQ, unsolicited advertising (whether commercial or informational) and unsolicited e-mail ( "SPAM "). All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Violation of this provision will result in termination of any applicable service(s). ZEN shall be allowed to take any action it deems necessary to prevent the transmission, distribution or storage of SPAM. 5. Traffic Limitation. The IP/based data Services provided hereunder are to be used only in conjunction with services purchased from ZEN. Notwithstanding anything in this Agreement to the contrary, no data traffic shall traverse ZEN's connections unless such traffic originates from or is destined for Customer end -users assigned to the service ports provided under this Agreement. Traffic not described in the preceding sentence shall be blocked from traversing ZEN's peering connections. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 7 of 12 Exhibit C - IP Voice Services 1. Service Description(s) a. Business Trunking — a dynamically allocated voice service deployed over an eligible broadband data service The Customer may select a number of voice lines terminating to Customer- provided premise -based phone equipment using a PRI, Analog interface, or SIP Trunk. The following features are included with standard pricing: local and long distance calling, managed router with voice and data interfaces. Optional features include but are not limited to: enhanced 911 service, toll free telephone numbers, DID blocks, directory listing. Optional features involve additional charges. b. Business lines — additional feature set provided in conjunction with Business Trunking. Features provided include but are not limited to Call Forwarding, Series Completion, and Hunt Groups. Additional features are available for additional charges. c. Hosted PBX — a ZEN hosted and managed voice service with local and long distance calling and call control features. One (1) individual telephone number provided per voice seat, regardless of type. The following features are included with standard pricing: extension dialing, set of call features based on type of voice seat selected, voice web portal. Optional features include but are not limited to: enhanced 911 service, hunt group, auto attendant, voice mail, receptionist console, call center, additional telephone numbers, audio conferencing, video conferencing. Optional features involve additional charges. d. Audio Conferencinig — an on- demand audio conferencing service with no reservation required for multi - participant audio meetings. Audio conference control is provided through touch -tone commands on the phone. e. Video Conferencing — audio and video conferencing service with standard options such as point -to -point or multi-site participant meetings using Customer's video conferencing endpoints to broadcast audio and video sessions. Video Conferencing Bridging service is optional. Bridge availability will be determined on a first come, first served basis. Optional features involve additional charges. 2. Customer Obligations Concerning Emergency 911 Service Limitations, Limitation of Liability and Indemnification a. Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. b. Customer agrees to provide ZEN with detailed information related to the Customer's main location, contact information and all end -user addresses /locations corresponding to all telephones /stations. Customer agrees to continually update this information and shall provide ZEN with written notification prior to implementing any moves, adds or changes to telephones /stations. Customer acknowledges that failure to provide such information on a timely basis will severely impair ZEN's ability to provide emergency 911 services. (initial) c. Customer understands and agrees it is their responsibility to register the physical location where services will be utilized with ZEN. Customer also understands that if user moves the device to another location, it is Customer's responsibility to notify ZEN of new location. Failure to register locations may result in 911 calls be routed to the incorrect public safety answering point. (initial) d. Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. e. Service Outages Due to Broadband or Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service outages or suspensions or disconnections of service by Customer's broadband service provider or ISP will prevent all Services, including 911 Dialing, from functioning. f. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement. Customer understands that ZEN's 911 Dialing service will not function in the event of a service outage or if Customer's broadband, ISP or ZEN phone service is terminated. (initial) g. End User Notification. ZEN will provide the Customer printed notice regarding the 911 capabilities of the Service suitable for placement near end user phones. It is the Customer's responsibility to place the provided notice by phones utilizing the Service. If the Customer needs additional notices, the Customer will contact ZEN. The Customer acknowledges it is their responsibility to meet any applicable federal, state, or municipal requirements regarding delivering 911 capabilities to their end users. (initial) h. ZEN shall have no responsibility or liability to the Customer or any third party in connection with or for responding to emergency 911 or other emergency referral calls. Customer agrees to indemnify and defend ZEN from and against any actions and/or liability arising out of ZEN'S provision of said service. 3. Fraud and Network Security. ZEN shall not be liable for any damages, including, without limitation usage and toll charges which Customer may incur as a result of the unauthorized use of Customer's telephone and/or network facilities. This unauthorized use includes, but is not limited to, the placement of calls from Customer's premises and the placement of calls through Customer provided equipment and/or Customer's network. In no event will ZEN be liable for security or protection of Customer's network, transmission facilities or equipment from unauthorized access, or for any unauthorized access to or alteration, theft or destruction of Customer's data ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51 710 Page 8 of 12 files, programs, procedure, and information or other network elements or content through fraudulent means or devices. Customer shall remain responsible for any long distance charges or other charges irrespective of any actual or alleged unauthorized or fraudulent use. ZEN shall have the right, but not the obligation, to immediately deactivate Customer's services in the event ZEN reasonably believes such service is the subject of theft or fraud. 4. Voice Traffic Restrictions. ZEN prohibits using the Service without prior written approval for high- volume auto - dialing, continuous or extensive call forwarding, high- volume telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar unapproved activities. 5. Customer Obligations. Customer acknowledges and agrees that Customer will utilize and connect only IP based telephony devices and software client -based softphones that are approved and certified by ZEN for use with service provided hereunder. Any IP telephony devices and software client -based softphones not included on ZEN's approved and certified list are expressly prohibited from use with ZEN service. ZEN shall have the right to update and modify from time to time, said list of approved and certified equipment. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 9 of 12 Exhibit D - Collocation Services 1. Service Description(s) ZEN collocation services include the following: a. Collocation Space - 1/3, 1/2, or one (1) standard telecommunications Rack in ZEN's Data Center Facilities (the "Premises "); b. Power - up to a maximum of 30Amps AC power per Rack fed from an Uninterruptible Power Supply ( "UPS "); includes HVAC, fire suppression, and generator services common to the Premises; c. cross Connect t - Optional cross - connects through ZEN's facilities to other ZEN collocation customers are available at specified rates. 2. License. ZEN hereby grants Customer a non - exclusive License to install, operate, and maintain Customer -owned telecommunications equipment and cabling ( "Customer Equipment ") in certain designated portions of the Premises (the "Space "), as identified in the Service Addendum. ZEN retains the right to access the Space for any legitimate business purpose at any time. Customer shall have sole responsibility for maintenance of the Customer Equipment. The License shall not grant or otherwise create any easement, leasehold, or any other real property interest in the Space or the Premises. Customer agrees that it shall have no ownership or other real property right(s) as a tenant in the Premises. 3. Acceptable Use. Customer may use the Space only for the purposes of locating the Customer Equipment within the Space to terminate its transport services and /or cross - connect to ZEN's facilities within the Premises. Customer shall obtain and maintain, at all times during the Term, any and all necessary authorizations and /or approvals (governmental or otherwise) to operate Customer's equipment. Customer shall not modify or improve the Space without the prior written approval of ZEN. Any and all cross - connections shall be established only under the control and direction of ZEN. 4. Indemnification & Liability. The Parties acknowledge that pursuant to the collocation services described herein, Customer shall have access to ZEN's facilities and premises. As such, Customer shall be liable for, and shall indemnify ZEN against, any loss or damage to ZEN's facilities, premises, or equipment caused by Customer's acts or omissions. Customer agrees to reimburse ZEN for the reasonable cost of repair of ZEN'S equipment, or the replacement thereof, within thirty (30) days after receipt by Customer of a written request for such reimbursement. ZEN shall be liable for any loss of, or damage to, Customer's equipment caused by ZEN's negligence, intentional acts, willful misconduct, or unauthorized maintenance. ZEN shall reimburse Customer for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after receipt by ZEN of a written request for such reimbursement from Customer. 5. Facilities & Equipment. a. ZEN, or its agent, shall provide, install, maintain, repair, operate and control ZEN's facilities and equipment. Unless specifically provided for herein, or in any service request, ZEN shall pay the cost of purchase and installing any ZEN equipment. b. ZEN's facilities and equipment shall remain the sole and exclusive property of ZEN and nothing contained herein shall give or convey to Customer, or any third party, any right, title, or interest whatsoever in ZEN's equipment. ZEN's equipment shall remain personal property, notwithstanding that it may be, or become, attached to, or embedded into real property. Customer shall not tamper with, nor remove, any identification markings or labels attached to ZEN equipment identifying ZEN's ownership interest in the equipment. c. ZEN and Customer shall establish a physical point of demarcation ( "demarc ") within or adjoining the Space to define ZEN facilities from the Space and to facilitate termination of any cross - connections to and from the Space. Any equipment on the Customer's side of the demarc, whether or not physically located within the Space, shall be the sole responsibility of Customer. d. ZEN shall have no obligation to install, maintain, or repair any Customer Equipment. If, on responding to a Customer - initiated service call, ZEN and Customer jointly determine that the cause of the service deficiency was in any way caused by equipment other than ZEN's equipment, Customer shall compensate ZEN for actual time and materials expended during the service call. e. Neither party shall adjust, align, attempt to repair, relocate, or remove the other party's equipment, except as expressly authorized in writing by the other party. 6. Customer Equipment. a. The Customer will retain ownership of Customer Equipment installed on ZEN's premises. All risk of loss or damage to this Equipment shall remain with the Customer, and ZEN shall have no responsibility for this Equipment. b. ZEN reserves the right to remove or relocate any Customer Equipment that will, in the sole opinion ofZEN, be detrimental to ZEN's ability to provide the services to the Customer or services to other Customer's on the Premises; provided, however, that in the event that such removal may disrupt or otherwise materially affect Customer's service, then ZEN shall notify Customer prior to such removal and work with Customer to the end that such disruption or other material affect is minimized. c. Unless otherwise stated in this Agreement, Customer represents that it is the owner of the Customer Equipment. If Customer is leasing the equipment, or has granted any third party a lien or other security interest in the Customer Equipment, the Customer agrees that it will comply with all of the terms of the lease or security agreement between Customer and the lessor or lienholder of the Equipment, and that it has any requisite permission(s) to place such Customer Equipment in the Space. d. As security for the payments to be made hereunder, Customer hereby grants ZEN a security interest in any Customer Equipment in the Space. In the event the Customer fails to timely pay any and all amounts due under this Addendum, or otherwise breaches ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page I O of 12 the Agreement, ZEN may, in its sole discretion, terminate the Agreement and immediately exercise any and all rights given to a secured party under Minnesota law. 7. Removal of Equipment. Within thirty (30) days of expiration or other termination of this Addendum, Customer shall remove any and all Customer Equipment from the Space. Customer shall return the Space to its original condition, reasonable wear and tear expected, and shall reimburse ZEN for the reasonable cost(s) of repair or damage to the Space to the extent such damage is caused by Customer's use of or occupancy of the Space. In the event Customer fails to remove any Customer Equipment from the Space upon the expiration of such thirty (30) day period, then such equipment shall be deemed abandoned and shall imtnediately and automatically be titled in ZEN without further act or deed. Customer agrees that upon such abandonment, ZEN may relocate, assign, transfer, or otherwise dispose of such equipment in its sole discretion. Customer shall indemnify and release ZEN from any and all claims for damages that may subsequently arise, whether by Customer, or other third parties, including any lienholders in any Customer Equipment. 8. Security. ZEN will provide and maintain in working condition card readers, scanners and /or other access devices as selected by ZEN for any access required under this Addendum. Customer shall under no circumstances prop open any door to, or otherwise bypass the security measures established for access to any secured area under any Service Schedule. Should ZEN provide any security device for individual customers, such as a lock, Customer shall be solely responsible for locking and /or activating such device. In the event that any third party gains access to any ZEN facility through access cards, keys or other access devices provided to Customer, Customer shall be solely responsible for any damage caused by such parties, Customer shall be responsible for the cost of replacing any security devices lost or stolen after delivery thereof to Customer. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v51210 Page 11 of 12 Exhibit E - Primary Rate Interface (PRI) Service 1. Service Description(): Primary Rate Interface (PRI) has a capacity of 1.544 megabits per second (Mbps) and has multiple channels: 23 B- channels, and one D- Channel, and is also known as 23 B +D access. The 64 -Kbps B- channels carry user information such as voice calls, circuit- switched data, or video, while the D channel carries call- control signaling information. When equipped, the D- channel can control a maximum of 95 B- channels. The B channels may be provisioned on the same facility as the D- channel or on other PRS TI facilities. Each B- channel is dedicated to inward, outward or 2 -way traffic. The Customer may use CPE to bond together 64 Kbps B- channels for the transmission of circuit - 'switched data or video. A single telephone directory number is provided with each PRS ordered. One primary directory listing is provided per PRS. Additional listings may be provided for an additional charge based on the number of listing requested. 2. VOICE/DATA PRS with DIRECT INWARD DIALING (DID): This service includes: the T -1, Service Configuration, and a 2 -way trunk/DID. Service configuration provides 23 B- channels and 1 D channel. The B- channels carry user information such as voice calls, circuit - switched data or video. The D- channel handles signaling information. 3. VOICE/DATA PRS with UNIFORM ACCESS SOLUTION (UAS): This service includes: the T -1, Service Configuration, and one number route indexing combined with the trunk. This service configuration provides for 23 B- channels and 1 -D channel The B channels carry user information such as voice calls, circuit - switched data or video while the D- channel handles signaling information. 4. DATA PRS 23B +D: This service configuration provides for 23 B channels and 1 D channel. The B- channels carry user information such as voice calls, circuit - switched data, or video while the D - channel handles signaling information. 5. DATA PRS 24B: This service configuration provides for 24 channels. The B- channels carry user information such as voice calls, circuit switched data, or video. The signaling information is provided by a D Channel on the first T1 facility. 6. ALTERNATIVE CONFIGURATION If the Customer CPE is unable to support PRI -ISDN configuration, this service is alternatively available with Channel Associated Signaling. Up to 24 2 -way DID voice channels are supported in this configuration. 7. Intrastate Tariff. ZEN's intrastate tariff(s) ( "Tariff') in certain states are a necessary part of this Integrated Services Digital Network (ISDN) —Primary Rate Interface (PRI) Agreement (the "Agreement "), and any terms and conditions of service set forth in the Tariff are incorporated and adopted in their entirety into this Agreement. In the event of conflict between the terms of this Agreement and the terms of the Tariff, the Tariff shall govem. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential. v5I210 Page 12 of 12 Exhibit F - Equipment Purchase 1. Equipment Purchase a. Customer will be billed the full purchase price as quoted on attached Service Addendum or subsequent Invoice(s), plus applicable taxes. b. ZEN AND ITS CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE EQUIPMENT OR ITS FAILURE TO MEET ANY SPECIFICATIONS INCLUDING THE MANUFACTURER'S WARRANTY OR ANY OTHER OBLIGATION, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER ZEN HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS, OR DAMAGE. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE EQUIPMENT AND /OR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER'S RELATIONSHIP WITH ZEN WILL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID BY CUSTOMER TO ZEN FOR THE EQUIPMENT. c. Acceptance and Return Policy i. Customer must notify ZEN in writing within 3 business days of receipt that it wishes to retum equipment for any reason. Equipment must be returned via freight carrier within 10 business days of notification at Customer's expense. For Customer to receive a refund, equipment and all packaging material must be returned in original condition. If equipment arrives damaged, Customer must refuse shipment and notify ZEN. Otherwise equipment will be deemed accepted by Customer. d. Warranty Information i. ZEN does not warrant the compatibility of the equipment with any computer, operating system, or networking equipment. ZEN does not offer any type of warranty for used equipment. All new equipment is limited to the terms of the manufacturer's warranty (based on standards applied by manufacturer). If equipment fails due to a manufacturing defect while still under warranty, the Customer will need to contact the equipment manufacturer to coordinate a replacement. ii. Exception and Exclusions. This Limited Warranty does not cover defects due to defacement, misuse, abuse, neglect, improper use, improper electrical voltages or current, repairs by others, alterations, modifications, accidents, fire, flood, vandalism, acts of God, or the elements. ZEN Template MSA Zayo Enterprise Networks, LLC proprietary and confidential, v51210 RESOLUTION 2013-093 APPROVING MASTER SERVICES AGREEMENT BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the Master Services Agreement between Zayo Enterprise Networks and the City of Stillwater, for T1 service, both PRI service into City Hall and point to point between City Hall and Public Works, 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 4th day of June, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT This Agreement is made this day of May, 2013, between the City of Stillwater, Washington County, Minnesota ( "City ") and RES Specialty Pyrotechnics, 21595 286th Street, Belle Plaine, Minnesota 56011 ( "Contractor "). WITNESSETH: WHEREAS, the City desires to provide a fireworks display for the 4th of July; and WHEREAS, the Contractor is capable of fulfilling this need by rendering pyrotechnic expertise; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. DUTIES OF THE CONTRACTOR 1. The Contractor, for and in consideration of the sum of Forty -two Thousand Dollars ($42,000.00), including tax, to be paid hereinafter set forth, agrees to furnish the City one fireworks display, as outlined in the proposal submitted and attached to this Agreement as "Exhibit A," in response to a Request for Proposals by the City and is attached as "Exhibit B," and by this reference made a part hereof, including the services of the Contractor's expert operators to be in full charge and to fire said display to be given on the evening of July 4, 2013, at Legion Beach, located in Houlton, Saint Croix County, Wisconsin, weather permitting. 2. The fireworks display shall be digitally choreographed to music provided by the Contractor and the timing of the fireworks shall be electronically fired with the music provided, approximately to _ minutes in length. In addition, the music element of the display described in Exhibit A in the contract is amended to provide enhanced system according to the specification established by the City Administrator. 3. Upon arrival at the shoot site on July 4, 2013, the Contractor must furnish the City with a shell inventory form outlining the specific quantities and sizes of each shell type that have been brought to the site. The contractor must comply with City requests to verify the sizes and counts of shells brought by the Contractor. 4. Following the shoot, a shell count shall be conducted and any unused shells shall remain the property of the City to be stored by the Contractor. The Contractor agrees to furnish all equipment and all personnel necessary to set -up and shoot the fireworks display. The Contractor agrees to scan the designated shoot site for paper or garage left from the display or its operators before departing the site. 5. The Contractor agrees to abide by safety standards and procedures as required by the City and as established by the American Pyrotechnic Association and the State of Minnesota. 6. The Contractor agrees to provide safety equipment for the crew including, but not limited to fire extinguishers, hearing plugs, hard hats, eye goggles, cotton coverings, and First Aid supplies. 7. The Contractor shall obtain Fire Marshall's permit from the City of Stillwater for the fireworks display, complying with all additional requirements set forth by the City Fire Marshall. 8. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. 9. The Contractor agrees that in order to protect itself and the City under the indemnity provision set forth above, it will at all times during the term of this Agreement, keep in force policies of insurance as indicated in this contract. The insurance protection will have the following limits: A. Comprehensive Commercial General Liability: (1) Bodily Injury (including completed operations and products liability). (2) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. (3) Personal Injury, with employment exclusion deleted: $5,000,000 Combined Single Limits B. Comprehensive Automobile Liability: (1) Bodily Injury: $ 500,000 $1,000,000 (2) Property Damage: $ 100,000 C. Workers' Compensation coverage. 2 Each Person Each Occurrence Each Occurrence The Contractor further agrees to name the City as additional insured in said insurance policies and to provide a certificate of said insurance to the City prior to commencing work. The Contractor agrees to notify the City twenty -five (25) days prior to cancellation or a change in any of the aforementioned insurance policies. II. DUTIES OF THE CITY 1. The City agrees to furnish, at its cost, to the Contractor, sufficient space for the safe and proper presentation of the fireworks display and all necessary Police protection, to provide the necessary perimeters for restricting the public from gaining access to the shoot site. 2. Upon execution of the terms of this Agreement, following the fireworks display on the night of July 4, 2013, payment shall be made in full by the City within two weeks. III. MISCELLANEOUS 1. The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2013, the Contract shall be entitled to a fee charge of Three Thousand Dollars ($3,000). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to Saturday, July 6, 2013 or other mutually agreed upon date 2. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constitution the Contractor staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contract with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall not be consider employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 3. The Contractor .'.,hall defend unila ""' .end hold harmless the r''it i'„ ficinls 1tv1111111,' 4.11 11V111 11t111111VJJ the X11.)', 11.0 V111\il UIJ, employees and agents, from any and all claims causes of action, lawsuits, damages, 3 losses or expenses, including attorney's fees, arising out of or resulting from the Contractor's (including its officials, employees or agents) performance of the duties under this Agreement. 4. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. 5. This Agreement shall be interpreted under the laws of the State of Minnesota. 6. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement which shall be binding upon the parties, heirs executors, administrators, successors and assigns. 7. Both parties agree to adhere to the provision of the Americans with Disabilities Act of 1990, 72 U.S.C., Section 12101 -12213 (1990) ( "ADA "), if applicable. 8. This Agreement shall not be assignable except at the written consent of the City. 9. This Agreement represents the entire agreement between the City and the Contractor and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 10. The Contractor agrees, as a condition of being awarded this Agreement, to require each of its agents, officers and employees to abide by the City's policies prohibiting sexual harassment, firearms, unlawful discrimination and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Agreement. The Contractor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 4 2013. IN WITNESS WHEREOF, the parties have set their hands this day of May, CITY OF STILLWATER By Ken Harycki, Mayor ATTEST: By Diane F. Ward, Clerk CONTRACTOR RES SPEC L PYROTECHNICS By STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON) d2ll'l�/ 'teve Coman, Its President The foregoing instrument was acknowledged before me this day of May, 2013, by Ken Harycki, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. STATE OF MINNESOTA )ss COUNTY OF WASHINGTON) • Notary Public The foregoing instrument was acknowledged before me this 2.44.' day of May, 2013, by Steve Coman, President, for RES Specialty Pyrotechnics. 5 RESOLUTION 2013 -094 APPROVING AGREEMENT WITH RES SPECIALTY PYROTECHNICS FOR JULY 4, 2013 FIREWORKS BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the Agreement between RES Specialty Pyrotechnics and the City of Stillwater, for the 2013 4th of July fireworks display, 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 4th day of June, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City Council DATE: May 15, 2013 CASE NO.: 2013-13 APPLICANT: Corey Fedie, Director of Facilities PROPERTY OWNER: Lakeview Hospital REQUEST: A special use permit amendment to convert existing church to business office for Lakeview Hospital LOCATION: 850 Churchill Street COMPREHENSIVE PLAN DISTRICT: Low/Medium Density Residential ZONING: RB – Two-Family Residential PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1984, a special use permit was issued to First Church of Christ Scientist to construct a new church on two parcels at 850 Churchill Street. The church was approved at approximately 2,000 square feet with 14 parking spaces. The property includes two lots, each approximately 15,000 square feet in area. REQUEST The applicant requests to amend the special use permit for Lakeview Hospital to use the existing church building as a business office for the hospital. The building will not be used for any patient care functions. EVALUATION OF REQUEST Sec. 31-315 of the Zoning Ordinance (Allowable uses in residential districts) notes that hospitals may be allowed in the RB – Two-Family Residential 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: 850 Churchill Street – Lakeview Hospital 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 RB – Two-Family Residential which allows hospitals by special use permit. The request is to convert an existing church to an accessory office for the hospital. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. Parking requirements for offices are one space per 300 square feet. For a 2,000 square foot building, seven spaces would be required. With 14 spaces available on site, existing parking is more than adequate. Because the parking area is on a separate lot than the building, as a condition of approval the lots should be combined. 2. Any additional conditions necessary for the public interest have been imposed. Staff recommends the conditions 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. 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 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 17, 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. This special use permit amendment allows conversion of the existing church building to an accessory business office for Lakeview Hospital. No patient care related functions are permitted. No office uses unrelated to Lakeview Hospital are allowed. 2. The two existing lots shall be combined into one lot. 3. Any change in the sign size or its location shall be reviewed by the Heritage Preservation Commission. Attachments: Resolution, Vicinity Map, Location Map, Applicant’s Form A RESOLUTION APPROVING A SPECIAL USE PERMIT AMENDMENT TO CONVERT EXISTING CHURCH TO ACCESSORY BUSINESS OFFICE FOR LAKEVIEW HOSPITAL CASE NO. 2013-13 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 amendment and recommended approval with the conditions found below; and WHEREAS, on June 4, 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 with the following conditions: 1. This special use permit amendment allows conversion of the existing church building to an accessory business office for Lakeview Hospital. No patient care related functions are permitted. No office uses unrelated to Lakeview Hospital are allowed. 2. The two existing lots shall be combined into one lot. 3. Any change in the sign size or its location shall be reviewed by the Heritage Preservation Commission. Resolution No. 2013-__ Page 2 Enacted by the City Council of the City of Stillwater, Minnesota this 4th day of June, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution No. 2013-__ Page 3 EXHIBIT A That part of Lots 4, 5 and 6, Block 6, Holcombe’s Addition to Stillwater, lying South of the North 100 feet thereof, as measured along the Westerly line of said Lot 6 and the Easterly line of said Lot 4. Also, that part of Lots 7, 8 and 9 of said Block 6, lying North of the South 100 feet thereof, as measured along the Westerly line of said Lot 7 and the Easterly line of said Lot 9. Also, the South 100 feet of Lots 7, 8 and 9, Block 6, Holcombe’s Addition to Stillwater, as measured along the Westerly line of said Lot 7 and the Easterly line of said Lot 9. Also, that part of vacated Churchill Street being the North 5 feet of said platted street thereof which adjoins the South line of said Lots 7, 8 and 9. cC PLANNING ADMINISTRATION APPLICATI8ORM APR 1 ° 13 COMMUNITY DEVELOPMENT DEPARTMENT Community Development Department CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 X Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Base Fee: $20u Technology Fee: $25.00 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 33.030.20.21.0038 & 33.030.20.21.0039 Address of Project 850 Churchill Street W. Assessor's Parcel No. See attached for complete legal of both lots. (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 RB Description of Project Convert Church property now owned by Lakeview Hospital into business office use for purposes of non - patient care business functions. "1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify 1 will comply with the permit if it is granted and used." Property Owner Mailing Address 927 Churchill Street West Required Lakeview Memorial Hospital City - State - Zip Stillwater - MN - 55082 Telephone No. 651 - 439 -5330 Email Signature c -- nature i •quired) If other than property owner Representative Mailing Address City - State — Zip Telephone No. 651 - 430 -4519 Email corey.j.fedie @lakeview.org Corey Fedie - Dir. Of Facilities Signature (Signature is required) S: \PLANNING\ADMINISTRATION \FORMS \PLANAPP.DOCX January 29, 2013 RETT ST.7thS . ST.HOLCOMB S T S . ST. ST. LAKE S . HARR IET S . MARTHA S .W GRE S . S.S RD WILLA W. PINE S T . W. W. W. W. SON ANDER ST. ST. ILL RCH CHU ABBOTLakeview Hospital 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 71 Pry 2 ®" i IT So VEST 'j 51 h,. Location Map A+ ON ST s+r 4+ 0, 1 d WEST ea= HANGOGK S "tREFT 00 ANDERSON R2IW R20W R79W R22W R2IW R20W Vicinity Map � —e 0 208 Scale in Feet r dra.nq is me reset m a comp reproduction of lend records as Mry and appear m venous Wasnmgton County °Sloes The drawing should used for reference esnsioy nyeccrpnes y s nor poe lr any Source W ishin10n County Surveyors IXfibe. Phone (6511430-5575 Parcel dale based on ASOCI i20i3 en rtes 11150 0 11(2520 2a, 2013 Map printed April 25, 2013 ORDINANCE 1060 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 4th day of June, 2013. CITY OF STILLWATER _________________________ Ken Harycki, Mayor ATTEST: _________________________ Diane F. 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. MEMORANDUM To: Mayor and City Council Al From: Shawn Sanderi5irector of Public Works Subject: Aquatic Plant Management Date: May 31, 2013 DISCUSSION: At the last council meeting, staff was asked by Council bring back the past item the Aquatic Plant Management . I have included them memo from the May 2, meeting where costs and funding options were presented. Since the May 2 meeting , I checked into quotes for some items related to the plan; an algaecide treatment on Lake Mekusick and a herbicide treatment on Long Lake for Eurasian milfoil. For the algaecide, the quote included treating half the lake or 23 acres with copper sulfate. The low quote submitted was from Lake Management in the amount of $812 which does not include a permit fee, which would be no more than $750. For Long Lake , 10 acres were identified as having Eurasian milfoil, the low quote was submitted by Lake Improvement Consulting in the amount of $ $3800. Since this an invasive Species, there is no permit fee required for this work. There is grant funding available from MN DNR ranging about $100 /per acre of treated area. The grant deadline for this is June 10. Staff is looking for direction on whether to proceed with any or all parts of the plan. LAKE MANAGEMENT, INC. Minnesota Operations 10400 185th Street North Marine on St. Croix, MN 55047 (651) 433 -3283 Phone Fax # (651) 433 -5316 Email: info rr lakemanagementinc.coin PROPOSAL FOR AQUATIC NUISANCE MANAGEMENT PROGRAM 2013 Submitted to: Shawn Sanders Date: May 13, 2013 City of Stillwater Director of Public Works 216 North 4th Street Stillwater, MN 55082 Phone: (651) 430 -8835 Email: slanders @ci.stillwater.mn.us Lake Management, Inc. proposes to furnish at it's expense, all of the necessary materials, subject to state and federal regulations, equipment and labor as well as to direct and administer treatment as needed for the control of the excessive growth of algae in the water area described as follows: City of Stillwater – Lake McKusick, Stillwater, MN 2013 Algae Control Program 'A Lake (23 acres) application of copper based aquatic algaecide $812.00 DNR Permit Fee TBD In consideration of the goods and materials furnished, use of equipment and services rendered, payment is to be: To Be Determined Dollars ($ TBD) Terms: Net 30 days — Finance charge 1 1/z% month Questions about our program or special requests should be directed to: Mike O'Connell at (651) 433 -3283. Lake Management, Inc. will post such signs as may be required to restrict the use of treated water. It is the responsibility of the customer to remove the signs at the end of the restriction periods. * *Lake Management (LMI) will obtain the DNR permit for customer and customer will reimburse LMI for permit fees. If the DNR raises permit fees from the current charge of $35.00 per property with a $750.00 maximum, LMI will notify you for your approval. All work, when permit is required, is contingent upon DNR approval. The DNR permit fee is non - refundable. Lake Management, Inc. carries insurance for both liability and property damage and workers' compensation and will, upon request, confirm that coverage by certificates issued to the customer. This proposal may be withdrawn by Lake Management, Inc. if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above payment and conditions are satisfactory and are accepted. Lake Management, Inc. is authorized to conduct the management program described above. Payment will be made as indicated above. If you have any questions regarding the effectiveness of the treatment, please call us between the 14th and 18th day following treatment. Signature - Date Representing II Lake Improvement CONSULTING LLC 13787 40th Street N. Stillwater, MN 55082 952 - 944 -2565 (fax) 651 - 439 -9998 www.lakeimprovementconsulting.com paul@lakeimprovementconsulting.com Mr. Shawn Sanders Public Works Director /City Engineer City of Stillwater Re: Lake McKusick — algae treatment May 21, 2013 Mr. Sanders, Following is a quotation for an algae treatment for Lake McKusick in the city of Stillwater: Cost of treatment = $190 /acre for a total of $4370 [for a 1/2 lake treatment] Treatment Specifics: • Treatments will be administered to target 1/2 of the lake per treatment, totaling approximately 23 acres in size. • This bid presumes and average depth of 2 feet for the treatment area based on DNR lake maps. • Timing of application will occur when treatment conditions are appropriate, and will be communicated and coordinated with a contact from the Public Works Depai lucent or other designated member. • Treatment to follow specifications of MN DNR permit. • Appropriate posting of treatment areas as required by the MN Depai lucent of Agriculture and MN Department of Natural Resources. Permit Specifics /City Responsibilities: • Lake Improvement will consult and assist as needed with the permit application. • If applicable, permit fees will be paid for by the City of Stillwater. Company Specifics: • Lake Improvement will consult with the Public Works Department as needed. • All products we use are registered with the Environmental Protection Agency (EPA) and meet the approval of the MN Department of Natural Resources (DNR). • Lake Improvement is licensed and insured. Copies of certificates of insurance will be furnished upon request. • Invoice will be sent 14 days after completion of treatment. We appreciate the opportunity to provide this quotation to you. Sincerely, Kathryn M. Kaari Owner, Lake Improvement Consulting Lake Improvement CONSULTING LLC 13787 40th Street N. Stillwater, MN 55082 952 - 944 -2565 (fax) 651 - 439 -9998 www.lakeimprovementconsulting.com paul @lakeimprovementconsulting.com Mr. Shawn Sanders Public Works Director /City Engineer City of Stillwater Re: Long Lake — EWM treatment May 21, 2013 Mr. Sanders, Following is a quotation for the treatment of 10 acres on Long Lake for Eurasian watermilfoil in the city of Stillwater: Cost of treatment = $380 /acre for a total of $3800 Treatment Specifics: • Treatment to target Eurasian watermilfoil on Long Lake totaling 10 acres in size. • This bid presumes and average depth of 3 feet for the treatment area based on DNR lake maps. • Chemicals to be used include DMA-4. • Timing of application will occur when treatment conditions are appropriate, and will be communicated and coordinated with a contact from the Public Works Department or other designated member. • Treatment to follow specifications of MN DNR permit. • Appropriate posting of treatment areas as required by the MN Department of Agriculture and MN Department of Natural Resources. Permit Specifics /City Responsibilities: • Lake Improvement will consult and assist as needed with the permit application and/or grant process. • If applicable, permit fees will be paid for by the City of Stillwater. Company Specifics: • Lake Improvement will consult with the Public Works Department as needed. • All products we use are registered with the Environmental Protection Agency (EPA) and meet the approval of the MN Department of Natural Resources (DNR). • Lake Improvement is licensed and insured. Copies of certificates of insurance will be furnished upon request. • Invoice will be sent 14 days after completion of treatment. We appreciate the opportunity to provide this quotation to you. Sincerely, Kathryn M. Kaari Owner, Lake Improvement Consulting LAKE MANAGEMENT, INC. Minnesota Operations 10400 185th Street North Marine on St. Croix, MN 55047 (651) 433 -3283 Phone Fax # (651) 433 -5316 Email: infoglakemanagementinc.corn PROPOSAL FOR AQUATIC NUISANCE MANAGEMENT PROGRAM 2013 Submitted to: Shawn Sanders Date: May 13, 2013 City of Stillwater . Director of Public Works 216 North 4th Street Stillwater, MN 55082 Phone: (651) 430 -8835 Email: ssanders @ci.stillwater.mn.us Lake Management, Inc. proposes to furnish at it's expense, all of the necessary materials, subject to state and federal regulations, equipment and labor as well as to direct and administer treatment as needed for the control of the excessive growth of Eurasian Watermilfoil in the water area described as follows: City of Stillwater — Long Lake, Stillwater, MN 2013 Eurasian Watermilfoil Control Program Triclopyr liquid applied at a target rate of 1.5ppm Estimated application area of 10 acres $481.00 /acre In consideration of the goods and materials furnished, use of equipment and services rendered, payment is to be: To Be Determined Dollars ($ TBD) Terms: Net 30 days — Finance charge 1 %z% month Questions about our program or special requests should be directed to: Mike O'Connell at (651) 433 -3283. Lake Management, Inc. will post such signs as may be required to restrict the use of treated water. It is the responsibility of the customer to remove the signs at the end of the restriction periods. * *Lake Management (LMI) will obtain the DNR permit for customer and customer will reimburse LMI for permit fees. If the DNR raises permit fees from the current charge of $35.00 per property with a $750.00 maximum, LMI will notify you for your approval. All work, when permit is required, is contingent upon DNR approval. The DNR permit fee is non - refundable. Lake Management, Inc. carries insurance for both liability and property damage and workers' compensation and will, upon request, confirm that coverage by certificates issued to the customer. This proposal may be withdrawn by Lake Management, Inc. if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above payment and conditions are satisfactory and are accepted. Lake Management, Inc. is authorized to conduct the management program described above. Payment will be made as indicated above. If you have any questions regarding the effectiveness of the treatment, please call us between the 14th and 18th day following treatment. Signature Date Representing MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Subject: Aquatic Plant Management Funding Options Date: May 2, 2013 DISCUSSION Wenck Associates completed an Aquatic Pant Management Plan for Lily, Long and McKusick Lakes earlier this year. Included in plan was a recommended treatment and cost for each lake, which included a combination of chemical and mechanical treatment for each lake. The table below shows the recommended treatment and cost for each lake: Lake Cost Treated area Recommended Treatment Long Lake $18,000 21 acres Herbicide and Harvesting Lily Lake $2,200 1.5 acres Harvesting McKusick $42,000 46 acres Harvesting, Herbicide, algae skimming At the last council meeting, four options were proposed to fund these treatments. These options included establishing lake improvement districts or increasing the base rate of stormwater utility fund. These options include: Option 1- establishing three lake improvement districts each of the three contributing drainage areas for each lake. Option 2 — establishing one improvement district by combining all three drainage areas for each lake Option 3 — establish a city wide drainage district Option 4- Increase the base rate of the storm water utility fund to fund the project Comments and observations on the options include: • All three lakes have their contributing drainage areas extend out of city limits, but the city has no way of passing on the costs to those areas. • Lake McKusick's contributing area includes both Long Lake and Lily Lake. These areas were not figured into Lake McKusick improvement district cost. • Option 3 — includes the entire City, some of which drains directly to the St. Croix. Should they be included in a district if they don't drain to one of these three lakes? • No option recognizes direct benefit to the lake shore property. • The Storm Water Utility is a city wide dedicated fund whose purpose is address water issues. Use of this fund would spread the cost city wide. • Management in Lily Lake only recommends treatment for access from the shoreline to open water, not a lake area benefit. One other possible funding option is to use a 50 -50 share of the Storm Water Utility and improvement districts. Use of the Stormwater Utility would acknowledge that these lakes are a city resource. Establishing a district for lakeshore properties or those properties who have immediate proximity to the lake would appear to get the most direct benefit. Using this method would spread the cost across a wide of participants. Excluding Lily Lake, districts could be established for Lake McKusick and Long Lake. Funding for this option would look this: Lake Total Coast Stormwater Utility District # of Properties Cost/ property Long $18,000 $9000 $9000 80 $112.5 McKusick $42,000 $21,000 $21,000 70 $300 A $30,000 increase in the Stormwater Utility would require an increase in the base rate of $0.60 per quarter which amounts to $2.40 for a single family home. Since ice out has occurred on the lakes, we will need to make a decision on funding options if we want to proceed with the plan for the summer of 2013. RECOMMENDATION Staff recommends that council make a determination on funding for the Aquatic Plant Management Plan from the options presented. PARTIALLY REVISED ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND CERTAIN OWNERS OF UNITS WITHIN LOT ONE, BLOCK ONE TERRITORIAL SPRINGS WASHINGTON COUNTY, MINNESOTA AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of June, 2013, between The City of Stillwater, Minnesota, a municipal corporation (the "City "), and those Owners described in Exhibit A (the "Owners "), and the County Assessor of the County of Washington (the "Assessor "). WHEREAS, on or before the date hereof, the City and Terra Springs, LLC, a Minnesota Limited Liability Company, entered into a Contract for Private Redevelopment ("Redevelopment Contract ") for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as Lot One, Block One, Lots One, Two and Three, Block Two; Lot One, Block Three, and Outlot A, all in Terra Springs, Washington County, Minnesota; and WHEREAS, pursuant to the Redevelopment Contract and Minnesota Statutes, Chapter 515B, the Redeveloper constructed a condominium Common Interest Community Project (the "Minimum Improvements ") upon real estate commonly known as 610 North Main Street, Stillwater, Minnesota, and legally described Lot One, Block One, Terra Springs, Washington County, Minnesota (the "Redevelopment Property ") and sold and conveyed condominium units and common elements that comprise the Redevelopment Property; and WHEREAS, the City and Redeveloper to established a minimum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and some Owners, but not all, desire to revise and reallocate the minimum market value for the Minimum Improvements to their condominium units within the Minimum Improvements; and WHEREAS, the City and the Assessor have reviewed the Minimum Improvements which were erected; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The minimum market values of the Owners as previously established by this Agreement shall be apportioned. The City, the Owners and the Assessor hereby allocate the minimum market value for the Minimum Improvements to the condominium units as set forth below: Condominium Unit Minimum Market Value 100, 104, 108 (retail) $309,600 (collectively) no change 200 (commercial) $524,600 no change 201 renumbered as Unit 208 202 $196,227 as revised 203 $387,035 as revised 204 $285,499 as revised 205 $285,499 as revised 206 $285,499 as revised 207 $279,794 as revised 208 $294,055 as revised 300 $602,000 no change 301 renumbered as Unit 307 302 $372,346 as revised 303 $373,059 as revised 304 $277,655 as revised 305 $264,393 as revised 306 $297,763 as revised 307 $277,655 as revised Total $5,312,679 It is the intent of the parties that the minimum market value set forth above shall be assigned to each unit described above, however, no changes or revisions to the market values of Units 100, 104, 108, 200, or 300 are made by this Agreement and the minimum market value for those units will remain as established in Document Numbers 3417889 and 3411582. Further, the values that were previously assigned to Unit 201 are assigned to and renumbered as Unit 208 and the values that were previously assigned to Unit 301 are assigned to and renumbered as Unit 307. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of any common interest community unit or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall terminate on (i) the date when the Redevelopment Contract either eXpirPC nr terminate' and in nn Pvant -11-11 t1,;s A �,, - enie„t have „ - f - effect ct --r---- _'— ---- ---__.... -., ate .. ..,r�.��c....� ...�.� <�b.- ..��t:.��� ai:,..v iJ �v�vv or viiv'vi after December 31, 2029, and (ii) subject to the consent of the County of Washington, upon refinancing of the taxable tax increment revenue bonds used to -3- help finance the Project with tax exempt tax increment revenue bonds pursuant to Section 3.8.4E of the Redevelopment Contract. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the City with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF STILLWATER By Ken Harycki, Its Mayor By Diane F. Ward, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of June, 2013, before me a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Nntary Pi, blip Lori White, a single person Owner, Unit 202 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of June, 2013, by Lori White, a single person. Notary Public CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER C.U. Mortgage Services, Inc. (the "Lender "), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases Unit 202 at a foreclosure sale or acquires the property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Owner, it and its respective successor and assigns, shall be bound by all telnis and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the property shall be maintained throughout the team of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this day of , 2013. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) LENDER: C.U. Mortgage Services, Inc. By Its The foregoing instrument was acknowledged before me this day of , 2013, by , the of C.U. Mortgage Services, Inc., on behalf of the Lender. Notary Public -5- SCHEDULE A TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of property in Washington County, Minnesota, hereby certifies that the market value assigned to such land and improvements are reasonable, with regard to the property legally described as: Units 202, 203, 204, 205, 206, 207, 208, 302, 303, 304, 305, 306, and 307, Block One, Terra Springs, according to the plat thereof. County Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of June, 2013, by , the County Assessor of the County of Washington. Notary Public Drafted by: David T. Magnuson ( #66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 -5165 651- 439 -9464 (phone) EXHIBIT A Unit # Owner 202 Lori White 203 Thomas P. Gleason and Barbara M. Gleason 204 Kathleen M. Thueson, as Trustee 205 Michael Higgs and Carrie Higgs 206 Steven J. Chiarella and Susan T. Chiarella 207 Thomas P. Gleason and Barbara M. Gleason 208 Keith D. Kneubuhler and Jeannine K. Kneubuhler 302 Donald J. Conlin and Carmen A. Conlin 303 Edward J. Gordon and Eileen R. Gordon 304 Ann Folkman and Brian Folkman 305 Alberto Ricart and Alexandra Paiewonsky -Ricart 306 Sandra K. Immel and Gary E Immel 307 Mahmoud M. Abdel -Monem and Judith A. Abdel -Monem 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 JUNE 4, 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. Resolution – 2013 Performance Measurement Program – Amanda Hollis, Management Analyst II B. Voting Delegate and Alternate for the 2013 National Association of Counties Annual Conference 5. 9:20 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. 9:35 Public Works – A. Resolution – Application for Registration of the Title and Boundaries of the Government Center Campus – Michael Welling, Surveyor B. Resolution – Award Bid for 2013 Pavement Preservation Projects – Cory Slagle, Transportation Manager 7. Board Correspondence 8. 9:45 Adjourn 10:00 Finance Committee 11:00 Personnel Committee 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 * JUNE 4, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the May 21, 2013 County Board Meeting minutes. Public Works B. Approval of resolution to accept a $750 grant from the Stillwater Rotary Club for the Historic Courthouse’s Amateur Talent Show prize money. C. Approval of Amendment #2 to contract with Hunt Electric Corporation to update labor rates and to extend general electrical services to include county parks. D. Approval of resolution to apply for and participate in the Minnesota Department of Natural Resources funding for maintenance of cross-country ski trails within the county park system and execution of the Trails Assistance Grant Agreement through the Minnesota Trails Assistance Program. E. Approval of contract with Erickson Engineering, Inc. for construction inspection of the County State Aid (CSAH) 21 bridge at a cost of $52,400. *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 28, 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. 2012 Countywide Mission Directed Budget Program B. Revisions to Policy #1201 Contract Administration – Kevin Corbid, Deputy Administrator 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. 9:40 Library – Patricia Conley, Director Marine Library Association Report – Sue Logan, & Tom Triplett, Marine Library Association 7. 9:50 Public Works – A. Update on the St. Croix Crossing Project – Jon Chiglo, MN Department of Transportation B. Resolution – Award of Bid for the County Road 62/63 Parking Lot Improvement Project – Cory Slagle, Transportation Manager C. Contract with SRF Consulting Group for the County State Aid Highway 15 Project – Cory Slagle, Transportation Manager 8. 10:25 Sheriff’s Office – Commander Doug Anschutz A. Resolution – Joint Powers Agreement with Sherburne County for Squad Car Installer Services B. Resolution – Joint Powers Agreement with St. Croix County, WI for Squad Car Installer Services 9. Board Correspondence 10. 10:30 Adjourn 11. 10:30 Washington County Regional Railroad Authority (RRA) Convenes A. Roll Call B. RRA Meeting Minutes from May 7 and 14, 2013 C. Selection of Kimley-Horn and Associates, Inc. for the Completion of the Draft Environmental Impact Statement for the Gateway Corridor – Andy Gitzlaff, Senior Planner 10:50 D. Adjourn 12. 11:00 to 11:30 – Board Workshop with Community Services Information on a New MN Department of Human Services Mandate Called MnCHOICES 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 28, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the May 14, 2013 County Board Meeting minutes. Community Services B. Approval of contract with Midwest Special Services to develop a new Adult Day Training and Habilitation Program site in Oakdale. C. Approval to contract with UCare Minnesota to provide Mental Health Targeted Case Management for individuals diagnosed as seriously and persistently mentally ill and to purchase the county’s vendor network for individuals on Medical Assistance waivers. Information Technology D. Approval to purchase Storage Area Network appliances manufactured by Nimble Storage from a Joint Purchasing Agreement with the State of Minnesota. Public Works E. Approval of resolution to request Federal Highway Safety Improvement Program funds from the Minnesota Department of Transportation. F. Approval to select Low Voltage Contractors to complete card reader system conversion. G. Approval of resolution authorizing final payment in the amount of $17,132 to Forest Lake Contracting, Inc. for completion of the County State Aid Highway 18 north-south project. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.