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Home My WebLink About2013-07-02 CC PacketREGULAR MEETING RECESSED MEETING THE IIRTMRLRCE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 2, 2013 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. DNR — Brown's Creek Trail Project Update 2. Fire Department staffing request IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of June 18, 2013 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Proclamation — Stillwater High School Track Team 13. Certification of Appreciation & Presentation of Retirement Plaque — Bob Kroening (Resolution — Roll Call) 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. 14. Resolution 2013 -106, directing payment of bills 15. Resolution 2013 -107, accepting bid and awarding contract for County Road Improvement Project (Project 2013 -04) 16. Resolution 2013 -108, approval of Cooperation Agreement with Washington County for Constniction Costs for County aid Highway (CSAH) 23 and 24 17. Purchase of 2 laptops for Police Dept. XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 18. Case No. 2013 -08. This is the date and time for a public hearing to consider a request from Cornerstone Land Surveying, Inc., representing Tom Garley, for an annexation, final plat for Cottonwood Trail Addition and zoning map amendment for the property located at 13295 Boutwell Road North in the Transitional Zoning District and any variances related thereto. Notices were mailed to the affected property owners and published in the Stillwater Gazette on June 21, 2013. *TABLED* XIII. UNFINISHED BUSINESS 19. Discussion of Chamber of Commerce's request to fund their Downtown studies PULLED AT THE REQUEST OF THE CHAMBER 20. Possible second reading of Ordinance 1061, an Ordinance amending the Stillwater City Code Section 31 -300 entitled Establishment of Districts by rezoning 6 acres to TR, Traditional Residential (2nd Reading — Roll Call) 21. Possible approval of Resolution formalizing the process of pre - approving credentialed historians and prices for reports associated with the demolition of potentially historic stnictures (Resolution — Roll Call) 22. Review of position description and salary for Event Coordinator 23. Continuation of the discussion on extending the Orderly Annexation Agreement XIV. NEW BUSINESS 21. Possible approval of vacation of excess right of way for pedestrian walk way project (Resolution Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS /REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Brown’s Creek State Trail Presentation to the Stillwater City Council 2 J uly 2013 Kent Skaar – Senior Project Manager Acquisition and Development Section Rachel Hintzman – Area Supervisor Central/Metro Region Minnesota Department of Natural Resources Parks and Trails Division Brown’s Creek State Trail Presentation to the Stillwater City Council 2 J uly 2013 Status: State Trail Development Funding State Trail Development State Trail Operations Brown’s Creek State Trail Trail Development Funding Brown’s Creek Development Funding Capital Bond 11/12 Funds Proceeds from Rail Salvage/Sale State LAWCON Funds DNR Parks and Trails Legacy 2014 DNR Parks and Trails Legacy 2015 (as required) Brown’s Creek State Trail Trail Development Brown’s Creek Development Browns Creek / Oak Glen Bridge Replacement TH 95 Bridge Rehabilitation Manning Avenue Bridge Trail Development Associated Facility Development o Browns Creek Park Improvements o Trail Access Brown’s Creek State Trail Creek Crossing, Oak Glen Golf Course Brown’s Creek State Trail Creek Crossing, Oak Glen Golf Course Brown’s Creek State Trail Creek Crossing, Oak Glen Golf Course FINAL PLANS AND SPECIFCICATIONS Brown’s Creek State Trail Creek Crossing, Oak Glen Golf Course Redevelopment Status Final Plans and Specifications : Completed March 2013 Bridge Construction Contract: Awarded April 2013 Bridge Contractor: Huckleberry Special, Inc. Contract Cost: $158,668.38 C onstruction Start Date: July/August 2013 Scheduled Construction Completion Date: 30 August 2013 Final Completion: TBD Brown’s Creek State Trail TH 95 Bridge Brown’s Creek State Trail TH 95 Bridge Brown’s Creek State Trail TH 95 Bridge - Redevelopment Status Final Plans and Specifications : Completed April 2013 Bridge Construction Contract: Awarded May 2013 Bridge Contractor: Pember Companies, Inc. Contract Cost: $276,188.00 C onstruction Start Date: August 2013 Scheduled Construction Completion Date: 15 September 2013 Final Completion: TBD Brown’s Creek State Trail Manning Ave Bridge - Proposed Brown’s Creek State Trail Manning Ave : Design/Construction Status Final Plans and Specifications : To Be Completed July 2013 Construction Contract Bidding: August 2013 Construction Contract Award: August/September 2013 Estimated Construction Cost: $1,468,000.00 Anticipated Construction Start Date: September/October 2013 Anticipated Construction Completion Date: May/June 2014 Brown’s Creek State Trail Manning Ave Bridge – Proposed Bowstring Truss Option Brown’s Creek State Trail Manning Ave Bridge – Proposed Bowstring Truss Option Brown’s Creek State Trail Manning Ave Bridge – Proposed Pratt Truss Option Brown’s Creek State Trail Manning Ave Bridge – Proposed Pratt Truss Option Brown’s Creek State Trail Manning Ave Bridge – Proposed Pier Design Brown’s Creek State Trail Manning Ave Bridge – Proposed Trail Construction – West of Manning Ave. Brown’s Creek State Trail Manning Ave Bridge – Proposed Trail Construction At Manning Ave Brown’s Creek State Trail Manning Ave Bridge – Proposed Trail Construction East of Manning Ave Brown’s Creek State Trail Trail Development – Current Status Track/Tie Removal and rough grading: Complete June 2013 Trail Engineering/Design: Presently Plans at 50% Brown’s Creek State Trail Trail Development – Proposed Construction / Completion Schedule Proposed construction schedule focuses consideration on: Completion of the entire six (6) mile long Trail in the shortest time possible. Opportunity only afforded with the 2014 appropriation/allocation of full construction/development funding. Effort to limit the potential construction / user and resident related issues associated with phased development. To provides the opportunity to further coordinate with City staff regarding potential Trailhead improvements to Brown’s Creek Park / Preserve . Brown’s Creek State Trail Trail Development – Proposed Construction / Completion Schedule Brown’s Creek – Oak Glen Bridge: Completion September 2013 TH 95 Bridge: Completion September 2013 Manning Avenue Bridge: Completion May/June 2014 Trail Development Final Plans and Specifications: Complete January / February 2014 Construction Contract Bidding: March 2014 Construction Contract Award: April 2014 Estimated Construction Cost: $800,000 - $1,000,000 Proposed Construction Start Date: April/May 2014 Proposed Construction Completion Date: August/September 2014 Brown’s Creek State Trail Trail Operations Currect Projects Neighbor meetings Interpretive plan and development Resource Management plan Current staffing Winter operations Thank You RESOLUTION 2013 -106 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 $197,612.81 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 2nd day of July, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2013 -106 LIST OF BILLS 3D Specialties, Inc. Amdahl Locksmith, Inc. Chris Aramark Uniform Services, Inc Aspen Mills Brines Market C -Aire, Inc. Cardinal Tracking, Inc. Carquest Auto Parts CDW Government, Inc. Central Wood Products Century Link Century Power Equipment Clark Dan Clifton LarsonAllen LLP Comcast County Materials Corporation Davis Equipment Corp Dell Marketing L.P. ECM Publishers, Inc Emergency Apparatus Maintenanc Emergency Automotive Technologies Ess Brothers & Sons Inc. Flexible Pipe Tool Co. Fury Dodge Chrysler Gimmees Government Finance Off Assoc. GTS Educational Events Harrison Sharon HD Supply Waterworks, Ltd. Holiday Credit Office Infratech, Inc. J. Gardner & Associates, LLC J.H. Larson Company Jordan Joel Keeprs Inc Kirvida Fire, Inc. L3 Communications Lakeview Hospital Loffler Companies, Inc. M.J. Raleigh Truck Co. Marshall Electric Company Menards Mississippi Welders Supply Co. MTI Distributing NAPA Auto Parts Ped crossing signs with bases & supplies High security key cut Uniforms and mats Uniforms Lunches for CPC minus transit tax Compressor for sprink system Envelopes Auto suppies and parts Rack mnt outlets swtch usb kit Mulch Phone Blades Custodian #4 billing for Audit Internet Inlet box JT seals Electric CI, belt and clutch Workstation for Camera System Publications Vehicle service and repair Light bar Sewer covers & catch basins Repair sewer camera Repair Promotional products GAAFR review newsletter Land use planning workshop Reimburse for mileage for training Pipe Fuel Sewer line grout repair and rental Custom tattoos Supplies Reimburse for safety boots Uniforms Vehicle and pump repair Back End Server, Disc Burner for Squad C Blood draws Supplies, labor & maint. contract Tractor and grader Replace Tight on generator Supplies Compressed nitrogen Seal kits and orings Auto suppies and parts Page 1 1,961.74 60.00 634.87 615.10 100.01 1,496.09 453.18 112.81 185.18 1,092.80 123.14 321.36 1,057.50 10,500.00 537.50 534.38 863.29 581.85 337.13 932.07 282.26 6,967.18 1,677.72 177.95 889.46 50.00 730.00 35.55 221.84 47.76 2,222.11 403.00 201.18 140.24 89.00 334.39 14,827.84 50.00 11,784.44 812.50 520.75 1,224.21 161.82 1,065.62 369.01 EXHIBIT "A" TO RESOLUTION #2013 -106 Natural Resource Group LLC Neopost Great Plains North American Safety Office Depot Papco, Inc. Powers Nancy D. Provantage LLC RiedelI Shoes, Inc. River Valley Printing Inc. Rose Floral Rosenbauer Firefighting Technology Sivigny Donald J St. Croix Boat and Packet Co. Stillwater Medical Group Stillwater Motor Company Stillwater Rotary Club T.A. Schifsky and Sons, Inc. Thomson Reuters Tremco Weatherproofing Technologies Tri -State Pump and Controls, Inc. United States Treasury Verizon Wireless Viking Industrial Center Washington County Public Safety Radio Washington County Sheriffs Office Waste Management - Blaine WET Technology, Inc. Wiegand Sheila Yocum Oil Company Zee Medical Service Ziegler, Inc. CREDIT CARDS Larry Hansen Smarthome JUNE MANUALS Government Officers Asso Xcel Energy USACE Stage 3 flood control envir assi Ink Cartridge Ladder inspection sticker tag Office supplies 13" Tampico brush Professional services J3500 tabet Skates Door hangers & warning tickets Outdoor plants Slide mounting bracket and door holder Plan review Ramping cleaning and pizza bank robbery Drug tests Vehicle repair and service Membership dues Asphalt Information charges PR patch and repair Echo Lift Station Pump Replacement 2012 PCORI Tax Cell Phones Oxygen sensor and repair 2nd qtr radios police 2nd qtr MDC's Trash Waiver Cooling tower treatment Reimburse for mileage Fuel Supplies Supplies Intermatic 24 hr dial timer 2012 CAFR Review Electricity , Gas Page 2 3,870.00 451.01 7.48 1,284.54 148.06 3,575.00 5,302.00 384.09 230.85 41.75 507.46 2,505.99 873.14 902.44 1,565.67 235.00 4,215.38 98.06 442.75 9,707.29 215.96 1,470.39 293.91 4,700.94 4,875.00 40.28 665.70 5.65 4,628.85 180.72 337.08 99.32 435.00 5,821.54 EXHIBIT "A" TO RESOLUTION #2013 -106 LIBRARY Ace Hardware Aramark Uniform Services, Inc Baker and Taylor Blocher Carolyn Brodart Co Cole Information Services Comcast Country Messenger Cybrarian Corporation Friends of the Saint Paul Public Library Greater Stillwater Chamber of Com Menards Midwest Tape Minitex National Trust For Historic Preservation Office of Enterprise Technology Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions, USA Van Norman Joan Van Paper Company Washington County Library ADDENDUM Delta Dental Magnuson Law Firm Meredith Nathan St. Paul Police Dept PDI Veterans Memorial Washington Co Public Safety Wenck Xcel Energy Zep Sales & Service Janitorial supplies Janitorial supplies Library materials Reimburse for expenses Library materials Library materials Telecommunications Library materials Technology support Professional service Membership Janitorial supplies Library materials Processing supplies, mtg Membership Telephone Reimburse expenses Supplies Reimbursement Maintenance agreement Reimburse expenses Parking Seminar Janitorial supplies Telecommunications COBRA July 2013 Professional Service Reimburse for gas Lock Up Training for 2 2nd Qtr 2013 2nd Qtr Radio Fire Plant Mgmt Electricity, Gas Supplies Page 3 73.56 62.37 97.02 151.38 2,407.27 416.95 56.90 26.00 973.05 900.00 145.00 196.91 153.17 1,803.00 15.00 332.51 30.00 124.87 265.00 20.64 8.00 505.30 1,514.00 292.90 7,195.17 50.00 1,300.00 4,347.00 4,200.84 1,148.50 40,767.38 128.99 TOTAL 197,612.81 EXHIBIT "A" TO RESOLUTION #2013 -106 Page 4 Adopted by the City Council this 2th Day ofJuly, 2013 STAFF REQUEST ITEM Department: MIS /Police Date: 7/1/13 DESCRIPTION OF REQUEST (Briefly outline what the request is) Request to purchase two (2) mobile data computers in preparation for Washington County's implementation of new CAD Dispatching system. All County emergency response agencies will be dispatched via this new technology. Washington County is planning to switch to the new system some time in 2013 and the P.D. needs to have equipment capable of running the new program. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Washington County has reimbursement funds through the Urban Area Security Initiative Grant that will reimburse up to $3750.00. Every P.D. in the County will receive a portion of this grant funding. The rest of the costs will be purchased with funds from the Parking Fund. This has already been approved by the Parking Commission. The cost of the computers should come to approximately $6600. ADDITIONAL INFORMATION ATTACHED Yes No X ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 7/1/13 REGULAR MEETING RECESSED MEETING ate THE OIRTHRLRCE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North July 2, 2013 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. DNR — Brown's Creek Trail Project Update 2. Fire Department staffing request IV. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator 7:00 P.M. AGENDA 4:30 P.M. 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 11. Possible approval of June 18, 2013 regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 12. Proclamation — Stillwater High School Track Team 13. Certification of Appreciation & Presentation of Retirement Plaque — Bob Kroening (Resolution — Roll Call) 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. 14. Resolution 2013 -106, directing payment of bills 15. Resolution 2013 -107, accepting bid and awarding contract for County Road Improvement Project (Project 2013 -04) 16. Resolution 2013 -108, approval of Cooperation Agreement with Washington County for Constniction Costs for County aid Highway (CSAH) 23 and 24 XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 17. Case No. 2013 -08. This is the date and time for a public hearing to consider a request from Cornerstone Land Surveying, Inc., representing Tom Garley, for an annexation, final plat for Cottonwood Trail Addition and zoning map amendment for the property located at 13295 Boutwell Road North in the Transitional Zoning District and any variances related thereto. Notices were mailed to the affected property owners and published in the Stillwater Gazette on June 21, 2013. *TABLED* XIII. UNFINISHED BUSINESS 18. Discussion of Chamber of Commerce's request to fund their Downtown studies 19. Possible second reading of Ordinance 1061, an Ordinance amending the Stillwater City Code Section 31 -300 entitled Establishment of Districts by rezoning 6 acres to TR, Traditional Residential (2nd Reading — Roll Call) 20. Possible approval of Resolution formalizing the process of pre - approving credentialed historians and prices for reports associated with the demolition of potentially historic stnictures (Resolution — Roll Call) 21. Review of position description and salary for Event Coordinator 22. Continuation of the discussion on extending the Orderly Annexation Agreement XIV. NEW BUSINESS 23. Possible approval of vacation of excess right of way for pedestrian walk way project (Resolution — Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS /REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Stillwater Fire Department Memo To Mayor Harycki and Council From: Stuart W. Glaser, Fire Chie June 18, 2013 Re: Staffing Request Background The Stillwater Fire Department operates as a combination Fire Department with a mixture of volunteer paid -on -call (VPOC) staff and a minimum number of full -time personnel. The key to this deployment model is having a cadre of highly trained paid -on -call responders to supplement and respond to emergency calls when needed. This model is getting harder and harder to maintain and is less reliable than in the past, both locally and nationally. Over the past several years the Department has experienced a number of resignations from the volunteer paid -on -call ranks leaving staffing levels at an all -time low. Currently the Department has eight (8) vacancies in the volunteer paid -on -call ranks and I anticipate another vacancy within the next couple of months creating nine (9) vacancies or one third of the entire Department. This situation is causing considerable operational difficulties, adding considerable expense, and affecting emergency response for the City. In addition to the current vacancies, the Department has at least six (6) additional personnel who are eligible to retire immediately. As this occurs, the City will have 15 vacant positions to fill in the Fire Department. This is a significant staffing issue with tremendous implications for the City. Issues caused by this staffing shortage include, but are not limited to: 1. Lack of personnel to respond to calls. This delays response and increases risk to both citizens and emergency personnel. 2. Inability to promote line officers due to lack of experience and qualifications. 3. Lack of apparatus operators available to drive and operate fire equipment to respond to emergencies. 4. Considerable time, effort, and expense in trying to hire, train and retain volunteer paid - on -call personnel. The investment to, hire, train, and equip a firefighter, regardless if they are paid -on -call or full -time, is approximately $7,308.00 dollars for the first year. As you can see, this adds up quickly and volunteer paid -on -call hiring has become a constant activity over the past several years. 5. Volunteer paid -on -call turnover is far exceeding the City's ability to hire, train and replace the personnel resigning or retiring from service. The current VPOC hiring 1 process has only produced three (3) candidates who appeared to take the written exam. Staffing Models Analyzed Several staffing models were reviewed and analyzed. Below are the three most applicable models and the projected cost of implementation for the City of Stillwater. The estimated cost represents the additional dollar amount that would be added to the current budget. 1. Formal Part-time Duty Crew Model Estimated Cost: $459K -$602K This model would require part-time employees and require them to work formal duty hours at the station. 2. Modified Public Safety Model Estimated Cost: $628K - $660K This model is based on cross training six full -time police licensed firefighters. 3. Traditional Full -time Firefighter Model Estimated This model is based on hiring two full -time firefighters. Recommendation officers as certified and Cost: $147K As you know, this item was brought to your attention at the City Council Retreat last January and a number of options were discussed as possible solutions. I have analyzed and provided Council and the City Administrator with the data and cost implications of several of these staffing options. Upon completion of the research and operational needs of the City it is my professional recommendation the most cost effective solution is for the City to approve and hire two (2) full -time Firefighter /Engineers to help stabilize Department staffing levels. Budget Implications The funds to hire and maintain these positions for 2013 are available due to the eight volunteer paid -on- call vacancies. Due to these vacancies the money normally budgeted for the VPOC positions will be re- allocated to the full -time positions. In addition, I have adjusted the 2014 Department budget request to include these two full -time positions. Through careful reallocation and reduction of budget line items I have been able to include these positions in the budget for eighty three thousand dollars. Thank you for your continued support and for providing cost effective fire protection for the citizens of Stillwater. 1 look forward to discussing this with all of you in more detail at the meeting. Council Action Request approval to advertise and hire two (2) Full -time Firefighter Engineer positions immediately. • Page 2 THE IIRTMRLRCE OF MINNESOTA CITY COUNCIL MEETING MINUTES June 18, 2013 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:05 p.m. Present: Councilmembers Kozlowski, Menikheim, Weidner, Polehna, and Mayor Harycki Absent: None Staff present: City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the June 4, 2013 regular and recessed meeting minutes, and Special Meeting minutes of June 11, 2013. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Conservation Corps Minnesota Day Len Price, Executive Director of the Conservation Corps, appeared with one of the work crews. He thanked the Council and community for its support. He noted the Corps is looking for volunteers for the July 27, 2013 cleanup for the Brown's Creek Trail, and invited Councilmembers to the State Fairgrounds September 14, 2013 for a celebration marking the 80th anniversary of the Citizens Conservation Corps. City Council Meeting June 18, 2013 Possible approval of recommendations for General Obligation Water Revenue Bonds, Series 2013A — Doug Green, Springsted, Inc. and Possible approval of agreement with Board of Water Commissions for General Obligation Water Revenue Bonds, Series 2013A Doug Green of Springsted, Inc. reviewed the bond bids. There was only one bid, Robert W. Baird of Milwaukee, at a true interest rate of 2.85 %. The City's credit rating was affirmed at AA2, the third highest credit rating. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2013 -102, a resolution providing for the issuance and sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2013A and pledging for the security thereof net revenues. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2013 -103, approval of agreement with Board of Water Commissioners. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None OPEN FORUM There were no public comments. STAFF REPORTS Fire Chief Glaser reported that Sunday's bike race was an active day. Also, the Department is seeking paid on -call personnel. There are currently eight vacancies for paid on -call firefighters. Community Development Director Turnblad informed the Council that the housing market appears to be warming up. He confirmed there was a parking ramp problem on Sunday during the bike race. Public Works Director Sanders reviewed the proposed lift bridge schedule change. There will be six changes, with five fewer lifts during weekdays. No changes during weekends and holidays. Randy Boler of Mulberry Point Yacht Harbor stated its Board is against the proposed schedule as it poses hardships to boaters, and presented a resolution stating such to the Council. Councilmember Menikheim noted the City must consider not only boaters but also residents downtown and on the hill, for whom traffic poses hardships. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to send the proposed schedule to the Coast Guard. All in favor. Public Works Director Sanders also noted that MnDOT plans to start doing lane closures and bypass lanes this coming week on Highway 36. He reported the City has submitted permits to the DNR for the lake treatments which will likely be in August. Councilmember Menikheim commended the Public Works Department for repairing a hole on Pine Street just before the bike race. Page 2 of 5 City Council Meeting June 18, 2013 CONSENT AGENDA Resolution 2013 -100, directing payment of bills Resolution 2013 -101, approving 2013 special event and contract Summer Tuesdays Amendment to Liquor License - Lift Bridge Brewery Possible approval to purchase three monitors for frontline apparatus - Fire Department Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2013 -12. A public hearing to consider a request from Jon Whitcomb for an annexation, zoning map amendment and preliminary plat for a 15 lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North and any variances related thereto. Community Development Director Turnblad explained that Jon Whitcomb, Midwest Real Estate Management, plans to develop six acres of property located at 12205 McKusick Road North. The site is currently located within Stillwater Township. The preliminary plat for the project, to be known as Brown's Creek Preserve, shows 15 single family lots that are requested to be rezoned to CCR, Cove Cottage Residential. The proposed zoning for the development is the same as Settler's Glen 9th Addition, though the Brown's Creek Preserve lots are considerably larger. In order to develop the property as proposed, the applicant has requested approval of the following: 1) Annexation of the 6.0 acre property; 2) Rezoning of the property to CCR, Cove Cottage Residential; and 3) Preliminary Plat for 15 single family lots. On a 7 -1 vote the Planning Commission recommended approval of the requests with the conditions identified in the planning report, except that the Commission recommends that the property be rezoned to TR, Traditional Residential, rather than CCR, Cove Cottage Residential. The Park Commission unanimously recommended that the developer meet his park and trail obligations through a cash dedication. The Joint Board is scheduled to review and comment on the preliminary plat and rezoning requests on June 20, 2013. City staff recommends approval of the requests with the conditions identified in Alternative A. Mayor Harycki opened and closed the public hearing. There were no public comments. Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adopt Resolution 2013 -104, a resolution approving the preliminary plat for Brown's Creek Preserve, Case No. 2013- 12. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Page 3 of 5 City Council Meeting June 18, 2013 UNFINISHED BUSINESS Continued first reading of a proposed amendment to the Demolition Ordinance that would allow the City more time to review a requested demolition permit Community Development Director Turnblad summarized that after the demolition cases related to St. Paul's Lutheran Church, it became clear that the time allotted for completion of the local designation study, if needed, was not sufficient. If the Heritage Preservation Commission (HPC) and the Council both deny a requested demolition permit, then a historian must research the property and write a report. If the findings of the report support the decision to save the building, then the City has to locally designate the property. The amount of time between the dates that the demolition permit was submitted until local designation is adopted cannot exceed 180 days. However, more than 180 days is needed to allow sufficient time to enter into a contract with a historian, have that contract approved by the City Council, have the historian complete the study, hold hearings on the study, and local designation by the Heritage Preservation Commission, Planning Commission and Council. The HPC reconsidered the situation and made a suggestion to create a list of pre - approved historians, with a set price for completing these studies. If the Council were to pre- approve a list and price for the studies, that would eliminate the RFP and contract negotiation process, which would save enough time to leave the review period at 180 days. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to approve the first reading of an ordinance amending the Stillwater City Code Section 31 -300 entitled Establishment of Districts by rezoning 6 acres to TR, Traditional Residential. All in favor. Discussion on a possible creation of an Event Coordinator position Community Development Director Turnblad explained that staff received information from six cities about event coordinators. Staff recommends that an Event Coordinator be a part-time city employee with responsibilities similar to those noted in the staff report. Union and PERA issues would have to be worked out. He requested input from the Council. Mayor Harycki asked whether park programming would be included, and Community Mr. Turnblad responded that as written, the job would not include park program development and management. At present, the City finds grants and a part-time employee of the Teddy Bear Park Foundation manages programming at Teddy Bear Park, which works well. Councilmember Polehna commented we are short- selling ourselves by calling this an event coordinator - the position could be expanded and called something like recreation supervisor, alleviating some of the responsibilities of existing public works staff. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Councilmember Polehna noted the deadline for candidates for the Human Rights Award has been extended to June 19. He also stated the fireworks will be spectacular this year and the Yellow Ribbon Committee is planning on reserving the plaza area for viewing for veterans and their families. Page 4 of 5 City Council Meeting ADJOURNMENT June 18, 2013 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting at 8:21 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk Resolution 2013 -100, directing payment of bills Resolution 2013 -101, approving 2013 special event and contract Summer Tuesdays Resolution 2013 -102, providing for the issuance and sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2013A and pledging for the security thereof net revenues Resolution 2013 -103, approval of agreement with Board of Water Commissioners Resolution 2013 -104, approving the preliminary plat for Browns Creek Preserve Case No. 2013 -12 Page 5 of 5 City ot, ttQQwatetc, LAA tinesota Pkoe amattoi Whereas, for the 5th time since 1996, the Stillwater 3-figh School Boys Track andJieldTeam are the 2013 Class .A State Champions; and Whereas, for the 5th time since 1996, the Stillwater 3- igh School-Boys Track and yield Team are also the 2013 Class .i1.I State Champions in cross country running 'Whereas, Eli Xrahn became the 6th State Individual _Mile Champion since 1996, with an American record for 9th graders at 4 minutes, 9 seconds, and his training partner, and State Individual Cross Country Champion, Wayde 9 -fali; finished in Second Place at 4:10; and 'Whereas, 7 other teammates also placed at State, including Eric Colvin, Connor O'Neill, Nate Bird, Sean Bjork, Bailey 3-[esse- Withbroe, Tayler .farness, and Luke Richie; and Whereas, the Stillwater Boys Track and Yield Team ended the season ranked 4th in the US5, among 22,000 high schools. NOW, 2-3-fEREJORE, I, 3CEN 3- L4R1JCJCI, by virtue of the authority vested in me, as Nlayor of the City of Stillwater, do hereby proclaim July 3, 2013 STILL WATER AREA HIGH SCHOOL BOYS TRACK AND FIELD TEAM DAY r 1 City o� Sti 2Qwaten, Jtinnesota Centitleate of J4ppneetation pneseoted to RESOLUTION 2013-105 BOB 9CROEWING r WHEREAS, BOB KROENINC3, HAS RETIRED FROM THE STILLIN.ATER FIRE D EP.ARTM ENT, EFFEC rfl7E JUNE 3o, 2013. NOV THEREFORE, BE I 7-RESOLVED, BY THE CITy COUNCIL OF THE CIZ"`y OF STILLW ATER, MINNESOTA, THAT FOR HIS DEDICATED SERVICE TO THE CIf`y OF STILE-WATER, BOB XROENING IS 3I REBy. COMMENDED FOR SERVING THE Cm FAITHFULLY , EFFICIENTLY AND COURTEOUSLY FOR 0-VER 23 YEARS. THE COUNCIL REcRE'S T. -1.AT HE HAS RETIRED FROM r3-[E FIRE DEPARTMENT BUT EXTENDS TO 31In4 THEIR ,APPRECIATION FOR HIS DEDICATED SERVICE. BE flFURTHER RESOLVED, THATT3 -E CIS CLERX IS 3I REB1/ .AUTHORIZED AND DIRECTED TO ENTER THIS CERTIFICATE OF APPRECIATION-UPON THE OFFICIAL RECORD OF T.9-1E COUNCIL AND TO DELIVER .A CERTIFIED COPY THEREOF TO BOB XROETrING .ADOPTED BY THE CITY COUNCIL THIS 2 D.Ay OF JULY 2013. JUiayon EXHIBIT "A" TO RESOLUTION #2013 -106 LIST OF BILLS 3D Specialties, Inc. Amdahl Locksmith, Inc. Chris Aramark Uniform Services, Inc Aspen Mills Brines Market C -Aire, Inc. Cardinal Tracking, Inc. Carquest Auto Parts CDW Government, Inc. Central Wood Products Century Link Century Power Equipment Clark Dan Clifton LarsonAllen LLP Comcast County Materials Corporation Davis Equipment Corp Dell Marketing L.P. ECM Publishers, Inc Emergency Apparatus Maintenanc Emergency Automotive Technologies Ess Brothers & Sons Inc. Flexible Pipe Tool Co. Fury Dodge Chrysler Gimmees Government Finance Off Assoc. GTS Educational Events Harrison Sharon HD Supply Waterworks, Ltd. Holiday Credit Office Infratech, Inc. J. Gardner & Associates, LLC J.H. Larson Company Jordan Joel Keeprs Inc Kirvida Fire, Inc. L3 Communications Lakeview Hospital Loffler Companies, Inc. M.J. Raleigh Truck Co. Marshall Electric Company Menards Mississippi Welders Supply Co. MTI Distributing NAPA Auto Parts Ped crossing signs with bases & supplies High security key cut Uniforms and mats Uniforms Lunches for CPC minus transit tax Compressor for sprink system Envelopes Auto suppies and parts Rack mnt outlets swtch usb kit Mulch Phone Blades Custodian #4 billing for Audit Internet Inlet box JT seals Electric CI, belt and clutch Workstation for Camera System Publications Vehicle service and repair Light bar Sewer covers & catch basins Repair sewer camera Repair Promotional products GAAFR review newsletter Land use planning workshop Reimburse for mileage for training Pipe Fuel Sewer line grout repair and rental Custom tattoos Supplies Reimburse for safety boots Uniforms Vehicle and pump repair Back End Server, Disc Burner for Squad C Blood draws Supplies, labor & maint. contract Tractor and grader Replace light on generator Supplies Compressed nitrogen Seal kits and orings Auto suppies and parts Page 1 1,961.74 60.00 634.87 615.10 100.01 1,496.09 453.18 112.81 185.18 1,092.80 123.14 321.36 1,057.50 10,500.00 537.50 534.38 863.29 581.85 337.13 932.07 282.26 6,967.18 1,677.72 177.95 889.46 50.00 730.00 35.55 221.84 47.76 2,222.11 403.00 201.18 140.24 89.00 334.39 14,827.84 50.00 11,784.44 812.50 520.75 1,224.21 161.82 1,065.62 369.01 EXHIBIT "A" TO RESOLUTION #2013 -106 Natural Resource Group LLC Neopost Great Plains North American Safety Office Depot Papco, Inc. Powers Nancy D. Provantage LLC RiedelI Shoes, Inc. River Valley Printing Inc. Rose Floral Rosenbauer Firefighting Technology Sivigny Donald J St. Croix Boat and Packet Co. Stillwater Medical Group Stillwater Motor Company Stillwater Rotary Club T.A. Schifsky and Sons, Inc. Thomson Reuters Tremco Weatherproofing Technologies Tri -State Pump and Controls, Inc. United States Treasury Verizon Wireless Viking Industrial Center Washington County Public Safety Radio Washington County Sheriffs Office Waste Management - Blaine WET Technology, Inc. Wiegand Sheila Yocum Oil Company Zee Medical Service Ziegler, Inc. CREDIT CARDS Larry Hansen Smarthome JUNE MANUALS Government Officers Asso Xcel USACE Stage 3 flood control envir assi Ink Cartridge Ladder inspection sticker tag Office supplies 13" Tampico brush Professional services J3500 tabet Skates Door hangers & warning tickets Outdoor plants Slide mounting bracket and door holder Plan review Ramping cleaning and pizza bank robbery Drug tests Vehicle repair and service Membership dues Asphalt Information charges PR patch and repair Echo Lift Station Pump Replacement 2012 PCORI Tax Cell Phones Oxygen sensor and repair 2nd qtr radios 2nd qtr MDC's Trash Waiver Cooling tower treatment Reimburse for mileage Fuel Supplies Supplies Intermatic 24 hr dial timer 2012 CAFR Review Electricity, Gas Page 2 3,870.00 451.01 7.48 1,284.54 148.06 3,575.00 5,302.00 384.09 230.85 41.75 507.46 2,505.99 873.14 902.44 1,565.67 235.00 4,215.38 98.06 442.75 9,707.29 215.96 1,470.39 293.91 4,700.94 4,875.00 40.28 665.70 5.65 4,628.85 180.72 337.08 99.32 435.00 5,821.54 EXHIBIT "A" TO RESOLUTION #2013 -106 LIBRARY Ace Hardware Aramark Uniform Services, Inc Baker and Taylor Blocher Carolyn Brodart Co Cole Information Services Comcast Country Messenger Cybrarian Corporation Friends of the Saint Paul Public Library Greater Stillwater Chamber of Com Menards Midwest Tape Minitex National Trust For Historic Preservation Office of Enterprise Technology Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions, USA Van Norman Joan Van Paper Company Washington County Library Janitorial supplies Janitorial supplies Library materials Reimburse for expenses Library materials Library materials Telecommunications Library materials Technology support Professional service Membership Janitorial supplies Library materials Processing supplies, mtg Membership Telephone Reimburse expenses Supplies Reimbursement Maintenance agreement Reimburse expenses Parking Seminar Janitorial supplies Telecommunications Page 3 73.56 62.37 97.02 151.38 2,407.27 416.95 56.90 26.00 973.05 900.00 145.00 196.91 153.17 1,803.00 15.00 332.51 30.00 124.87 265.00 20.64 8.00 505.30 1,514.00 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sairders, Director of Public Works DATE: June 26, 2013 RE: County Road Improvement Project Project 2013 -04 DISCUSSION Bids for the County Road Improvement Project (Orleans Street from Fourth Street South to Fourth Avenue South) were opened on Tuesday, June 18t1 at Washington County Public Works. The engineers estimate was $344,365.64. The County received two bids with the low bid submitted by Hardrives, Inc in the amount of $382,131.41. Of that amount, the City will be responsible for $25,012. These costs would be paid for by assessments and State Aid Funds. RECOMMENDATION It is recommended that the City accept the bids submitted for the South Third Street Improvement, Project 2013 -04, and award the contract to Hardrives, Inc. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2013- ACCEPTING BID AND AWARDING THE CONTRACT FOR COUNTY ROAD IMPROVEMENT(PROJECT 2013 -04) ACCEPTING BID AND AWARDING CONTRACT FOR COUNTY ROAD IMPROVEMENT PROJECT (PROJECT 2013 -04) WHEREAS, pursuant to an advertisement for bids for the County Road Improvement Project, bids were received, opened and tabulated according to law by Washington County, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Hardrives, Inc., Rogers, Minnesota $382,131.41 Arnt Construction Co., Inc., Hugo, Minnesota $396,536.62 ENGINEER'S ESTIMATE $344,365.44 and WHEREAS, it appears that Hardrives, Inc., of Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: that the above bids are received and approved by the City of Stillwater City Council and directs staff to inform Washington County of the same Adopted by the City Council this 2nd day of July 2013. ATTEST: Diane Ward, City Clerk Ken Harycki, Mayor MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: June 27, 2013 Subject: Cooperative Agreement for CSAH 23 and CSAH 24( Orleans Street) DISCUSSION: Washington County has sent over for City approval the Cooperative Agreement for the Construction Cost (CSAH 23 and CSAH 24) Reconstruction Project. The agreement describes the City's cost participation which includes construction, design engineering, and construction engineering. Estimated city cost of the project was $33,350. Actual bid prices for the City's share of the project were lower than estimated and according to the agreement will be reflected at the completion of the project. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving the Washington County /City of Stillwater Cooperative Agreement between the City of Stillwater and Washington County for Construction costs for County State Aid Highway (CSAH) 23 and CSAH. APPROVAL OF COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY FOR CONSTRUCTION COSTS FOR COUNTY STATE AID HIGHWAY (CSAH) 23 AND 24 BE IT RESOLVED by the Council of the City of Stillwater, MN that cooperative agreement between Washington County and the City of Stillwater for the construction costs for County State Aid Highway (CSAH) 23 and 24 in the amount not to exceed $33,350 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council this 2nd day of July 2013. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY (CSAH) 23 AND CSAH 24 WASHINGTON COUNTY CONTRACT NO. DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE TO END OF PROJECT THIS AGREEMENT, by and between the City of Stillwater, a municipal corporation, herein after referred to as the "City ", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County ", shall consist of this agreement and Exhibits A, B and C attached hereto. WITNESSETH: WHEREAS, the City and the County desire to improve the safety and operation of CSAH 23 (Orleans Street) from CSAH 23 (Third Street S) to 4th Avenue S and CSAH 24 (Orleans Street) from Fourth Street S to 3rd Street S; and WHEREAS, a collaborative effort between the City and the County to determine the appropriate improvements to CSAH 23 (Orleans Street) resulted in the development of a modified typical section and the addition of a bump -out at CSAH 23 (Third Street S); and WHEREAS, the project is located within the City and County as shown on Exhibit A and Exhibit B is the basis for the final design; and WHEREAS, the preliminary project cost estimate has been prepared by the County and the City will participate in the project cost in accordance with the County Cost Participation Policy as summarized in Section W of this Agreement; and WHEREAS, the City and County desire to use State Aid for these transportation improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction and maintenance of these transportation improvements; WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 subd. 1 and Minnesota Statute 471.59 NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of the necessary plans and specifications including compliance with all applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for this project. 2. The following County project numbers have been assigned to the project : SAP 082 - 623 -006 and SAP 082 - 624 -005. 3. The following City project numbers have been assigned to the project: SAP 169 - 020 -005 and SAP 169 - 020 -006. Washington County /City of Stillwater CSAH 23 /CSAH 24 Cooperative Construction Agreement Page 1 of 5 C. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications have been approved, and all permits and approvals obtained, the County shall advertise for construction bids and award the contract to the lowest responsible bidder. 2. Concurrence by the City in the award of the contract shall be a condition precedent to the award. D. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. E. COST PARTICIPATION ITEMS AND ESTIMATED COSTS 1. A preliminary construction cost estimate and a cost participation breakdown has been prepared by the County. The cost estimates are in Exhibit C. 2. The project preliminary construction cost estimate is an estimate of the engineer. The estimated cost participation breakdown is in accordance with the "Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects" dated September 5, 1995, which is incorporated into this agreement by reference. 3. Construction. The estimated total cost for construction is $344,365.14, as indicated in Exhibit C. The City shall pay to the County an estimated nine (9) percent of the total construction cost. The cost participation breakdown is detailed in Exhibit C and summarized in Table E.5 of this agreement. Actual construction costs will be based on the contractor's nit prices and the quantities constructed. 4. Construction engineering. Construction engineering includes construction observation and testing, construction surveying and project administration for all construction items. This cost is estimated to be 8 percent of the total actual construction contract, which is an estimated $27,550. The City will pay nine (9) percent of eight (8) percent of the actual construction contract based on the contractor's unit prices and the quantities constructed. The City's estimated cost is summarized in Table E.5 of this agreement and detailed in Exhibit C. 5. The total estimated amount the City will pay to the County is summarized in the following table: Table E.5 CITY OF STELLWATER ESTIMATED COST SUMMARY Based on EXHIBIT C ITEM COST SUBTOTAL (City Construction Costs) $30,870 CONSTRUCTION ENGINEERING $2,480 TOTAL ESTIMATED COST 6. Actual construction costs shall be determined at the conclusion of the project and will be based on the contractor's unit prices and the quantities constructed. Actual engineering services costs shall be determined at the conclusion of the project and will be based on the actual construction costs. F. PAYMENT 1. The County shall, when a construction contract is awarded, prepare a revised estimate and cost Washington County /City of Stillwater CSAH 23 /CSAH 24 Cooperative Construction Agreement Page 2 of 5 participation breakdown based on the contract unit prices and submit a copy to the City. The City shall pay to the Treasurer of Washington County an amount equal to 10 percent of the City's estimated construction cost as outlined in Section E.3. The City shall also pay engineering costs incurred by the County to date, as outlined in Sections E.4. 2. During construction the County shall submit to the City an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the County its pro rata share of the cost of the partial work performed as determined in Section E of this Agreement. The County will invoice the City based upon expenses incurred and approved payments at time of invoicing. 3. Upon substantial completion of the work the County shall prepare an updated revised estimate of cost participation breakdown which will be based upon the contract unit prices and the actual units of work performed and submit a copy to the City. The County shall add to the City's final construction costs the costs associated with contract changes, if any, make necessary adjustments for liquidated damages, if any, and deduct City funds previously advanced for the project by the City. The City agrees to pay to the County any amounts due, if more than the amount of the total of the partial payments made by the City pursuant to Section E.3. 4. In the event the calculations show that the City has advanced funds in a greater amount than is due the County, the County shall refund without interest the amount to the City. G. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and /or specifications shall be made part of the construction contract by a contract change, but only after concurrence by the City if the changes include City participating items, and shall be paid for as set forth in Section F of this Agreement. 2. Through written request, the City may request changes to the final approved plans and /or specifications. Any city utility or facility which is subsequently modified or added to the final approved plans and specifications shall be made by a written amendment to this Agreement, shall be made part of the construction contract by change order or supplemental agreement, and shall be paid for in accordance with the County Cost Participation Policy as summarized in Section F of this Agreement. H. MAINTENANCE /OWNERSHIP AGREEMENTS 1. The County and City shall enter into a separate agreement for the maintenance and ownership of all items constructed with this project. LIQUIDATED DAMAGES Any liquidated damage asses the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. K. CIVIL RIGHTS AND NON - DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall Washington County /City of Stillwater CSAH 23 /CSAH 24 Cooperative Construction Agreement Page 3 of 5 be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and /or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and /or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). O. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. P. TERM OF AGREEMENT This agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. Washington County /City of Stillwater CSAH 23 /CSAH 24 Cooperative Construction Agreement Page 4 of 5 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF STILLWATER Lisa Weik, Chair Date Mayor Ken Harycki Date Board of Commissioners Molly O'Rourke Date City ClerkDiane F Ward Date County Administrator Director of Public Works Date Approved as to form: Assistant County Attorney Date R: \123031Agreements \Const Coop Agrmt.doc Washington County /City of Stillwater CSAH 23 /CSAH 24 Cooperative Construction Agreement Page 5 of 5 BEGIN S�. s CIT `,-4E IRcitreralmva t. g SAP. ST STA I T l sT ENO S,*.P S82.623111$ ENO SAP. S NOS ANO SJ1l:x.._L snit wrwer as Washin,Cort 317.84 PAR HEIGHTS PROJECT LOCATION COUNTxi MASH NOTON PROJECT LOCATION MAP EXHIBIT A EXISTING 20.5' 20.5' 8.5' _ 12.0' 12.0' 8.5' PARKING LANE 1 DRIVING LANE 1 DRIVING LANE 1 PARKING LANE EXISTING B618 C &G EXISTING 8618 C &G PROPOSED 18.5' 18.5' 7.5' 11.0' 11.0' 7.5' _ PARKING LANE DRIVING LANE $ DRIVING LANE I PARKING LANE 0 LAZ w 000 N O(ll d 3a z Z� EXISTING 8618 C &G PROPOSED 8618 C &G to EXISTING & PROPOSED CROSS SECTION C IOU I I/2 L.D'O350dUNd- 9N11S1 %3 \[0421 \:+dlsn000 \:U a q° a a $ a °a CSAH 24 (Orleans Street) from South 4th Street to South 3rd Street & CSAH 23 (Orleans Street) from South 3rd Street to Fourth Avenue 8 , , 8 8 8 .. ... 8. ° n°i o $ 8 %W v Si 8 1 1 U 3 s 's Tabl Prgact 3 27,550 ENrtutetl consvuctbn En9M4aDrp(D %ol Tabl COnslruNan Casp GIya051gAabr 9% 5 2,480 Wsshinpton County 91% b 25:070 EsflmMad Tald-Pfa,IxN -C4Ms Orly of9NWaft 3 ]3.660. .. Washington County i 933.670 g ooeowee00000eoe0000w000wweeewe000 8o° ooe0000000�o eovaooveeovoov0000a000000voo voX „ % „Xo"'oev00000 CSAH 23 X15 ]LINTY T.__._ 8888$8 3°o nnn « ^8.888888 „g$8 «n «» » »n §8° « «n • 3 ].255.00 8, 8 n 888888588 B88 n.... » m88888 » »N « « « 888888888888888880 REo8$.^m » «nn » 8.8.? » » » » « « «n 8 �;/ » » °8.<"8r8't 8ii4°e? » » «« 00 SS�zm_0 ,,, 8 28 ° 88B8m`_ww_n _ °8.” max^ 88'7-°2~ w :3 eeq$r .., 22 x U �eX85 8 0%8X 88 5% % X X %X% 8888888888XXX%X88 X » » »n «« nnn»» n »nnnnn » «nN « »nnnn « » »n » » » «n »n « « «« »nnn »n 99.8% 3 44076.65 t 45,0OA% 3 180.00 CSAH 24 Subtotal 13% 3 56.65 zi ve00000000000eoov00000000000a0000g „ 00000aoe000 CSAH 24 (05 )MNTY COST en ” .3.8n8 388 888,8888,,8 88 w 8 8ffi°R ,88,8,8,89888b, 88 8 - �re: 3: f. ° O°3°_ f g• "E F.""”" see ry e ""milt X 88888888888888888888888888 %XX% %X % % %XXX % %XXXX XXXXX %% %X °8888_8888 X % °YXXXXXXXX '88888888888 %% 88 J `.083,50 3 11,892,50 8 250,00 »» 2,'40.001 8888888888 �an8g8�R8g « « « « « » «n »n IS 2116,001 888888888 e88ary8888 »n «n » » « 3 3.600.00 3 1,600.00 3 30.747,20 7.692.50 888 nn 888892 °E8$°em »nnn » « » » « «n Construdlon Cost for Toial Noted 3 344,385.14 8888888 880 U n n »N«N« °838 8889888888888 nnn«« ^SRrB$r NN« NN« r` n nnnnnnnNNN 88 88�r� 888888888 8888F$r88 «N« «n 888888882 "'8488e «nN ««nnnnnnN ^'o X °_ «nNp G4 ~ s38u "2g33R8r8sEE gp°,n. -ww -per .1 B §BSS'2225 ik §.8 f k 11 �j �W UU WUUiOF tt11 UU llJJ UU gi% g s C CLEARING y GRUBBING REMOVE SEWER PIPE (STORM) (P) REMOVE CURB AND GUTTER REMOVE CONCRETE WALK REMOVE BITUMINOUS PAVEMENT REMOVE DRAINAGE STRUCTURE REMOVE SIGN TYPE C SAWING CONCRETE PAVEMENT (FULL DEPTH) SAWING BITUMINOUS PAVEMENT fC1111 DEPTN SALVAGE CASTING S EALVAGE SIGN V P C COMMON EXCAVATION (P) OPEEIL RROW ( MOD STREET SWEEPER (WITH PICKUP BROOM) WATER AGGREGATE BASE CLASS 5 (ROADWAY) AGGREGATE BASE CLASS 5 (SIDEWALK) COAT BITUMINOUS MATERIAL FOR TACK COAT TYPE SP 2.5 NON-WEARING RING CO RSE MIXTURE TYPE SP 12.5 NON - WEARING COURSE MIXTURE (2,0) 12 POLY PROPYLENE SEWER 15' POLY PROPYLENE SEWER 16 POLY PROPYLENE SEWER TELEVISE PIPE SEWER CONNECT 11.1G1011110.1, STORM SEWER ADJUST GATE VALVE ADJUST CURB STOP CONSTRUCT DRAINAGE STRUCTURE DESIGN 484020 CASTING ASSEMBLY INSTALL CASTING ADJUST FRAME B RING CASTING CONNECT INTO EXISTING DRAINAGE STRUCTURE 5. CONCRETE WALK (MIXTURE 3432A) 6' CONCRETE WALK CONCRETE CURB & GUTTER DESIGN 8616 CONCRETE CURB 6 GUTTER DESIGN 8624 TRUNCATED DOMEB 3(09 PIA PANELS PANELS TYPE C INSTALL SIGN PANEL TYPE C STORM pRAIN INLET PROTECTION SODDING TYPE SALT RESISTANT COMMECRIAL FERTILIZER 22 -540 4' SOLID LINE WHITE EPDXY (EDGE STRIPE) 4' DOUBLE SOLID LINE YELLOW -EPDXY i a a S 5 - 1 0 .g Cie °$8888$8 $rryry$arnrBNr ^ ^8"°�8�°0 "4 "°�, 9�,8 "°.$��$$88° »rn 888R888$i9iiiU E:'. 8,n8'' Hr -- rrvn„nry^N,88� i w a ter 3 q F H. A f C1 M N ry l 0 1 A PLANNING REPORT REPORT DATE: June 25, 2013 CASE NO.: 2013 -08 HEARING DATE: July 2, 2013 APPLICANT: Dan Thurmes, Cornerstone Land Surveying LANDOWNER: Tom and Karen Garlev REQUEST: Final Plat approval, Cottonwood Trail Addition LOCATION: 13295 Boutwell Road North COMPREHENSIVE PLAN: LDR, Low Density Residential ZONING: NA, currently located in Stillwater Township FROM: Bill Turnblad, Community Development Director Mr. Garlev has requested that the hearing for the final plat of his subdivision be tabled until July 16. All neighbors who received the original notice have been mailed an update so they know that the case will be heard on July 16 instead of July 2. Ji1water T H E B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Council Members DATE: June 26, 2013 RE: Chamber of Commerce Request for Downtown Study Funding FROM: Bill Turnblad, Community Development Director On May 7, 2013 Todd Streeter, Executive Director of the Greater Stillwater Area Chamber of Commerce, requested City assistance with the funding of studies that would assess various economic, demographic, marketing and business mix aspects of the Downtown Stillwater retail sector. The City Council discussed the request but took no action. At a specially scheduled work session on June 11, 2013 the discussion was continued and tabled to a future council meeting. DAVID T. MAGNUSON To: MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAIN STREET SOUTH ° SUITE #260 • STILLWATER, MN 55082 TELEPHONE: (651) 439 -9464 • Fax: (651) 439 -5641 W WW.MAGNUSONLAWFIRM. COM MEMORANDUM Larry Hansen City Administrator, City of Stillwater 216 North 4th Street Stillwater, MN 55082 From: David T. Magnuson Date: June 28, 2013 Re: Authority to Pay Funds to Chamber DTMAGNUSON@MAGNUSONLAWFIRM.COM MAGNUSONLAWFIRM.COM 1 have been asked whether it would be permissible for the City to grant to the local Chamber of Commerce, funds necessary for the Chamber to fund a business mix study. The study would focus on finding a mix of business types that would help spur economic growth and development in the historic downtown of Stillwater. It is my opinion that up to $50,000 of general fund dollars, could be legally granted to the Chamber for this purpose, but not more than that. Minn. Stat. § 469.191 provides: "A home rule or statutory city or town described in section 368.01, subdivision 1 or 1 a, may appropriate not more than $50,000 annually out of the general revenue fund of the jurisdiction to be paid to any incorporated development society or organization of this state for promoting, advertising, improving, or developing the economic and agricultural resources of the city or town." Further, if funds were to be advanced under this statute, a contract with the chamber would be needed to create a link between payments and the satisfactory completion of specific tasks or services as well as data practices and audit clauses. Respectfully submitted, David T. Ma City Attorne DTM/jp n ty of Stillwater COMMUNITY SYMPOSIUM Your ideas. Your Future. DRC Committee Chairs Brian Zeller Biking Pat Wolf Business Mix Richard Cummings Ambiance Ryan Lettner River Front Steve Reeser Branding �CHAMLBEER of COMMERCE June 28, 2013 Stillwater City Council and Staff City of Stillwater 216 4th Street N Stillwater, MN 55082 Stillwater City Council and Staff: For the last 10 months the Downtown Revitalization Committee has worked diligently to identify and research a wide array of exciting opportunities that will bring downtown to a whole new level of prominence as the state's "birthplace of Minnesota." Their work, passion for a better downtown, and commitment to form a long and successful relationship with the City, has culminated to this moment when they collectively ask for the City's commitment and support that will transform downtown into a vibrant commercial district for generations to enjoy. These unprecedented opportunities are within our grasp, provided the City takes the recommended actions to make these opportunities a reality. Included in this packet are the primary opportunities that now need Council /staff support. In a perfect world, we could articulate every economic benefit per every dollar invested to revitalize downtown. Naturally, this is unrealistic. What is not unrealistic is the enormous impact these opportunities possess to create a vibrant downtown when all are merged into a seamless series of improvements that create a downtown as never before. The DRC has done everything in their power to assist the City, now they ask for your support. At this council meeting, the DRC seeks: • Approval of a budget for a thorough Economic Development Action Plan • Authorized staff assistance for a preliminary Transient Dock Grant request • Non - financial support for a Bike Friendly Community Assessment • Snow removal quotes for a designated downtown improvement zone • City determination for building facade and tree up- lighting The future of downtown, regardless of the work 40 plus members of the DRC have brought forward to create a revitalized downtown, now rest in the hands of the City. Let's now work together to take full advantage of these tremendous opportunities. Regards, XerrigtreeZer a iy,guettner Co -chair Co -chair Downtown Stillwater Revitalization Revitalization Opportunities and Downtown's Unprecedented Future The Downtown Revitalization Committee (DRC) was established in September 2012 as a means for downtown businesses and property owners to join together to identify opportunities to revitalize, (or redevelop) downtown in conjunction with the major capital improvements taking place in the next four years; creation of Brown's Creek Trail, Lowell Park/Phase II completion, Lift Bridge renovation, and eventual redevelopment of the Shoddy Mill. In total, these improvements will forever alter downtown as we know it today. However, each of these improvements will not reach their full potential if they are not meshed together into one cohesive plan that clearly identifies all the possible opportunities beyond just the improvements themselves. The DRC has spent the last 10 months identifying a wide range of additional opportunities that further enhance the aforementioned improvements as well as creating a dynamic commercial district that evokes the unique history of downtown as never before. When added to the major improvements, the DRC's opportunities act like mortar, cementing the continuity of the major improvements into a seamless flow of cyclists, pedestrians, shoppers, diners and residents - all enjoying the new vibe of a rejuvenated downtown that offers goods and services in demand 12 months of the year. And the opportunities the DRC has brought forth couldn't come at a better time. As stated previously, downtown Stillwater is decaying both economically and physically. The great recession and ever - increasing property taxes have eroded the financial capabilities of property owners to maintain their properties, let alone the ability to reinvest in the properties to bring them into refurbished condition. This failing economic structure forces owners to lease their spaces to under - qualified tenants who often don't have the capital to withstand Stillwater's seasonal highs and lows. This all -to- present situation produces a "revolving door" reputation that downtown and the City cannot afford. "I want to cancel my membership this year because my business is not doing well. I almost closed this winter and now this month is slow too. I have no money to pay for membership. I hope you understand. I can barely pay rent this month. I'm so sorry for this." - Downtown Chamber Member, June 12th email To ensure downtown doesn't just survive as it has in recent years - but thrive - downtown businesses, property owners, City officials and MnDOT must take unprecedented collaborative action to leverage each opportunity to its fullest extent. To do anything less dramatically marginalizes the investment and benefit potential provided by these major improvements. With the bulk of downtown opportunities identified, the next step is action. The time has arrived where we now must work together to start implementing the opportunities in a systematic process to bring about the best downtown — from vision to reality. The work the DRC has done to date is now ready for implementation. Below summarizes all the current DRC opportunities and the specific actions needed to continue the revitalization of downtown. Economic Development Action Plan The DRC has received proposals from two local economic development consultants with yet another highly recommended consultant, Buxton, who has preformed economic development, redevelopment, and marketing plans for more than 650 municipalities. Proposals received range from $35,000 to $65,000. The full assessment of downtown's current offerings, market trade area, consumer profile and resulting proposed business mix action plan is the most influential set of economic reports critical for all of us to make sound decisions for downtown long into the future. The resulting action plan comes at the pivotal time in downtown history, when all these opportunities converge to make downtown an economic powerhouse or, if not undertaken, continues to have downtown remaining an economic revolving door, with well- intended businesses coming and going on a regular basis. The latter is not beneficial to downtown or the economics that the city relies on. The investment and stakes are too high to allow past methods to continue their lack luster results. There is little doubt that strategically planning downtown guided by these economic action plans brings economic benefits, not just for downtown, but for all of Stillwater. As downtown is redeveloped into a 12 -month commercial district, the City will enjoy a rebirth of economic activity throughout the city, which can only enhance the quality of life, viability and economic restructuring of other commercial districts, and provide a positive impact on commercial and residential values as well. It is for this reason, and rationale, that the DRC requests the economic plans be supported by the City. Transient Docking Grant Preparation The DRC's River Front subcommittee has conducted research and meetings with DNR Transient Docking Grant representatives with the goal of submitting an application for _ the $100,000 Minnesota competitive grant. The grant application deadline is August 1s`. If the initial grant application is approved, a formal grant application will be in April 2014. The DNR grant representatives are very willing to provide extensive assistance to the City to complete the initial grant application. Bike Friendly Community Assessment The need for a complete biking assessment for all of Stillwater is not only timely, it is imperative given the impending completion of the Brown's Creek Trail. It is essential that all biking interaction within Stillwater, and specifically downtown, be fully assessed to ensure biking interaction is safe for bikers, pedestrians, automobile traffic and downtown visitors enjoying the commercial district and Lowell Park. The Bike Friendly Community Assessment is provided by the Bicycle Alliance of Minnesota and will be funded by community organizations. Nearly half of the $5,000 assessment cost has already been collected. All the DRC seeks is the City's acceptance of the assessment's results and to have recommendations pertinent to downtown be given thorough consideration as it may relate to the current Lowell Park plans and other considerations for safe and enjoyable interaction for all who visit downtown. Snow Removal Quotes It is important that we plan early for a new method of handling snow removal from downtown sidewalks. In an effort to devise a cost estimate and possible cost distribution calculation, it would be wise to get quotes for snow removal this summer so defined contribution zones can be developed with corresponding cost structure drafted for further review. Getting cost quotes now allows the City and downtown property owners to craft a workable arrangement well before the winter season begins. Building Facade and Tree Up- Lighting There are approximately seven building owners who are very interested in up- lighting the building facades or trees within their property lines. The work and cost necessary are the responsibility of the building owners with no funding requested from the City. All the DRC and property owners ask is the ability to proceed with their planned ambiance improvements. Bluff Lighting At the workshop there was discussion about a test pilot program to light the south and north bluff areas. MnDOT's Adam Josephson has provided the items for consideration requested by Mayor Harycki. The goal as stated by Mayor Harycki is to implement this project yet this summer. We now need to respond to the items from MnDOT and establish a resulting action plan. "The details will be important to fully understand what is being proposed. Keep me in the loop as this gets developed and hopefully we can work through the various issues." - Adam Joesphson, P.E. MnDOT Review Lowell Park Phase II Improvements It is recommended that Lowell Park Phase II improvements be given another look before improvements begin. This request is made due to the fact the improvements were designed prior to the realization of Brown's Creek Trail and Congressional approval of the St. Croix River Crossing. These two major new developments to downtown will dramatically alter the use and traffic patterns of Lowell Park. It is recommended that the Bike Friendly Community Assessment be conducted this summer to ensure the park provides safe interaction among all the various modes of transportation converging in one location. One last review may also result in maximizing the park's potential use throughout 12 months of the year. Downtown Planning with MnDOT Fall DRC workshops and conversations with MnDOT have identified significant opportunities along main street with the elimination of turn lanes that could result in wider sidewalks as proposed in the Ambiance subcommittee presentation. Extending the Lift Bridge plaza to Main Street and perhaps to Chestnut west of Main Street present exciting opportunities to create a wide thoroughfare that may increase the economic value of Second Street. Initial Planning of the Medallion Project In the near future a steering committee will be formed to begin the process of rolling out the Medallion Project. We envision city staff participating on the committee. Historical Street Signs The DRC's Ambiance subcommittee identified historical street signs as a significant component to celebrating Stillwater's history. ATTRACTING RETAIL. Buxton INCREASE SALES TAX REVENUE. IMPROVE QUALITY OF LIFE. CREATE JOBS. Retail Experts in Your Corner At Buxton, we made a name for ourselves as a trusted advisor to leading retailers by providing big answers about customers and identifying the best possible sites for expansion. We've taken that retail expertise and created the most successful tool available for helping local governments and economic development organizations find, attract, and support the best possible retail matches for their communitites. The retail industry's top analytic teams will be working to bring your community answers that have been proven to: Target retailers uniquely suited for your community Identify sites in your community that offer the greatest potential Pinpoint opportunities for local business expansion Market your community using the information retailers need Establish credibility with retail decision makers Prevent retail leakage and lost tax revenue Satisfy your citizens' desire to shop in their own city PAJ'ADENA Gig downtown Proven Steps to Jump Start Your Community Evaluate your community's retail potential. How many customers are in your trade area? Where do they shop, and what do they buy? In this step, we focus on the factors that make your community valuable from a retailer's point of view. Retail leakage /supply analysis. You know that dollars are flowing out of your community - but how many? This analysis tells you how much residents are spending outside your trade area and how many dollars are coming in from outside your trade area. It reveals the unmet demands and possible opportunities that currently exist in your local retail sector. Retail site assessment. We use our experience in retail site location to analyze specific locations within your trade area. We assess locations for their retail desirability, then consult with you to select the sites that offer the greatest potential. Identify retailers that match your community. We identify the retailers and restaurants that offer an excellent fit by matching your customer profiles with Buxton's proprietary database of retailer profiles. We also take other factors into consideration, including cannibalization from stores nearby, the retailer's expansion plans, and the retailer's operations history in communities similar to yours. Prepare marketing packages for targeted retailers. To communicate the positive characteristics of your community, we provide marketing packages for you to send to retailers on the list. Every marketing package is different, tailored to meet the location requirements of each retailer. isa IRVING T E X A 5 FORT R NA PARTNER TO OVER 600 COMMUNITIES. OVER 25 MILLION SQ. FT. OF RETAIL RECRUITED. Bring new life to your economic development strategy - and new retailers to your town. Underserved markets. Communities lacking essential products and services have turned to Buxton to attract and expand their retail base. We've helped small communities attract major retailers, and helped large cities attract retail development to specific neighborhoods. Local business retention. The leakage /surplus data provided by Buxton can help existing retailers create more effective merchandising and sales plans. Transit - oriented development. Often, transit terminals and neighborhoods surrounding them have the population densities to support retail and restaurants. We can provide the tools you need to demonstrate the viability of these areas. College and university towns. Retailers are realizing that campus populations can create profitable opportunities. Buxton can include students in your customer profile and focus your efforts. To date we've helped more than 600 communities nationwide, resulting in over 25 million square feet of recruited retail. And we're ready to do the same for you. Find out more. Contact us today for a consultation, and discover how Buxton can help you identify opportunities for retail growth and expansion. Buton Toll Free: 888- 2Buxton www.buxtonco.com @Buxtonco 2651 South Polaris Drive Fort Worth, TX 76137 Tourism destinations. Buxton and Visa Tourism Insights is an excellent way to augment your tourism marketing programs and build out the retail sector near tourist attractions and sports facilities. Identify where your tourists are coming from to maximize your marketing budget. Downtown revitalization. We can assess the role of retail in your downtown development project and strategies to attract and expand local operations. Rural areas and small cities. If your city has real or perceived disadvantages, you need an advanced approach to overcome them. By comparing retailers operating in similar markets nationwide, we can reveal unrecognized retail opportunities and take advantage of them. Add the capabilities of Buxton's cloud -based platform, SCOUT °, inviting retailers to view your information anytime, anywhere. INCREASE TOURISM IN YOUR COMMUNITY. The dollars that tourists spend within your community are a vital component of your local economy. Buxton and Visa Tourism Insights can increase the value of tourism in your community by identifying WHO your tourists are, WHERE more tourists can be found, and how to effectively market directly to your tourists to increase their VALUE to your community. With Buxton and Visa Tourism Insights you will have the answers to these important questions: Who are our tourists? What are their lifestyles, how do they behave as consumers and what are their media habits? What is tourism's economic impact? How do tourists spend their money within our community? In terms of their local spending, which types of tourists have proven to be the best for our community? Which markets do our best tourists and prospective tourists come from? How do we optimize our advertising spend for greater ROI? How do we direct market to our best tourists and prospective tourists at the household level? See Which Markets Provide Your Tourism Enhance the Effectiveness of Your Marketing T.V., Cable, Satellite Geographic and programming optimization using tourist profile. Geographic ad placement (geo- fencing) optimization, website identification, Online geographic search advertising optimization, social media content enhancement. Radio Geographic optimization, programming and scheduling optimization. Print Geographic circulation optimization, format selection. Public /Private Affiliations Partnership identification based on your tourist profiles. Prospect Marketing Utilizing profile results along with geographic optimization. List rental of best prospects. Tourist Retention and Reactivation Utilizing knowledge of existing zip +4 tourist database to engage past tourists and their immediate neighbors. List rental of household targets. Understand the Economic Impact of Tourism Apparel Department Stores Drug Stores 11% 4% 26% Electronics 2% Fast Food 39% Full Service Restaurants 42% Home Improvement Specialty Retail Sporting Goods 1% 28% 9% Burton 888- 2BUXTON www.buxtonco.com buxton @buxtonco.com PALM SPRINGS, CALIFORNIA Identifying and prioitizing tourists and tourism markets for better marketing and long -term planning. Here's the Situation In a still recovering economy, marketing budgets are tight and every dollar must deliver a measurable return on investment. The City of Palm Springs, California — famous for year -round "fun in the sun " — wanted to make its marketing programs more efficient and effective through smarter targeting of potential tourists. To reach that goal, Palm Springs needed to identify who visits the City, where they are coming from and how they are spending their money. Here's What We Did About It We captured tourist credit card transactions in selected zip codes in the City over a 12 -month period, using Zip +4 to preserve confidentiality. The transactions totaled almost $200 million, giving us a significant sample for better identification and understanding of these tourists. Our analysis revealed: What type of tourist visits Palm Springs. According to the data, 58% of the City's tourism dollars come from 10 customer market segments. This gives us a detailed profile of people who are most likely to visit Palm Springs, including their lifestyles, purchasing habits, media preferences and travel behavior. With this information, we can search anywhere in the U.S. for people who share similar characteristics. Where these tourists come from. We found that of the 210 Direct Marketing Areas in the U.S., 152 DMAs were represented in the City transactions over the 12 -month period. However, 80% of the sales dollars came from five key tourism markets. We used a market prioritization index to rank the DMAs based on the greatest number of people with a propensity to visit the City. How they spent their money. We broke down the credit card transactions into nine different categories, from specialty retail to full- service restaurants. From this analysis, we are able to determine which DMAs are most important to the City within each category of retail spending. Check Out These Results With these tourism insights in hand, the City knows exactly who its core tourists are and where they come from, allowing the development of effective marketing strategies and long -term plans. The City Can: Optimize each marketing channel. Using a highly targeted approach, the City can connect with potential tourists in a wide range of mediums, from billboards to direct marketing to online campaigns. They can focus on the most profitable markets and send individualized messages directly to people who are most likely to visit. Find co- branded partners. By knowing who the tourists are and where they spend their money, the city can develop co- operative marketing campaigns with area hotels, restaurants and retailers. For instance, the tourist profiles reveal the exact hotels where each market segment prefers to stay, providing new opportunities for co- branded tourism campaigns. About Palm Springs Popular tourist destination for outdoor activities, arts and culture, gaming and entertainment.. Business Needs - Idenitfication of tourist types - Prioritization of key DMAs More effective targeting for marketing programs * Development of long -term strategic plans Buxton's data - driven approach is a powerful new tool to help tourism focused communities leverage the value of their customers for long -term success. Find Out More Contact us today for a consultation and discover how Buxton can help your community increase its tourism. Btraon Toll Free: 888- 2BUXTON www.buxtonco.com @Buxtonco 2651 South Polaris Drive Fort Worth, TX 76137 ow K C SUT® Buxton' o recr it r- . �-c c V ,4 - a-- 5 V E - > i V Q CU co o cu QJ -0 1 NN J O CU N _0 c O .0 -0 -0 _c off AT'A T RET C6 (13 CU aJ 0 a) N 0 O U 0 Q Q CU 0- C 0 c L aJ C 0 u rB U 0 CU U a) Q a) C6 (6 -o (0 c r0 0 -o aJ C a) c (0 N c Q c .> vi aJ U a) N a) O 0 4J N Ty N c c c c .Q Q 0 CUs I) c N a) U U O E cu O co 0 (A- t' N co a) 0 C 0 .N U aJ .- O 4J 0 O c cu— _c N a) a) E c co vi C 0 c a) QJ N Q a) 0 Q C (L3 CU (6 aJ U O O C E 0 O tai 0 10,535,185 a) OC O > c t C (a E i W E 4= Ov i 0 C V 0_ c CU 0 _O a) a) -o cu 4) c rJ 4J 0 N 0 c C 0 V c 0 V 4) c U_ a) c a) O 0 V (3 0 a) 0_ 0 • 0 0 0 cn c c 0 cu c 1' 0 CL) 0 0 C 4) 0 O 5 c u_ L N vla tcs 0 9 i N N co 00 co 0 N ono 00 E a d saO E V V O • IL V z ce O LL ce w 0_ LLI ce RETAIL SHOPPING Quality retailers line Pasadena's walkable downtown streets making it an ideal location to strolling, dining and shopping. RETAIL PERFORMANCE Pasadena's retail performance is anchored in the fact that Pasadena is a regional employment, entertainment and shopping destination set in a stunning architectural and natural environment. Combined with quality residential and employee demographics as evidenced by ESRI's Tapestry Segment Profiles, Pasadena is an excellent location for retail. $3 BIL. $2.5 BIL. $2 BIL. $1 .5 BIL. $1 BIL. $2.7 BILLION IN 2011 TAXABLE RETAIL SALES o `o o r' 0 �o �o `'o `'o `' o o o o 00 OJ O� 00 O Off, O O, OC 09 �0 !/ RETAILERS OF NOTE WITHIN PASADENA'S WALKABLE DOWNTOWN. Abercrombie &Fit ch Crate&Barrel ANN TAY LOB nruerowors g BARNES DIOOLE BANANA REPUBLIC #41 J.CREW kate spade NEW YORK Kenneth Cole° P U I 1 L tl Y taw .OW( . 11 A e ri 4 MadEly% i pottery barn kids * macys p R Ls PUT N'S YAN NODS. TI FFANY& CO. Y ORDINANCE NO. 1061 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31 -300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING 6 ACRES TO TR, TRADITIONAL RESIDENTIAL The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. The Zoning Map is amended as indicated on the attached map marked Exhibit A and the area indicated thereon are changed to TR, Traditional Residential. This proceeding is known as Case 2013 -12. 2. Effective Date. This Ordinance shall be in full force and effect from and after publication according to law, and upon the subject property becoming part of the City of Stillwater by operational law. 3. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 2nd day of July, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane Ward, City Clerk E e Cr) a) 2 - 2@ !` • 7 G { - - _ 2 iv 3 ƒ f $ . 2 a@ a .! 7 Z' k +'' ƒ U % < f § 2 2 i \ m &{ \; 5 ` �� ` ®% /��CeEiM�M§«.a99 ® 0 7\ƒ OE m E 4 i " o O. 1 2 j = - ` 3 { 75 - ®) •-$ �) ) —F, f . 7® ¢ \ \ k) °■ 2 (8 §& CC _ a § 0) :kJ! J \) § a o p , | ; ! E E ,2 {( \ § § f ! ! 2 4 2 3 3 3 Cr \\ e% b 2 | § Ti T $ a t ! $ = { } 7 § ! k 72• k k cc \ $ E 2 y j t o! f ia,o m a b!! = z. § ) #24 z)& ce I - � � z — � . L HVS _' _V1 HO E ND AV _mm CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING PROCEDURES FOR PRE - APPROVING HISTORIAN SERVICES RELATED TO DEMOLITION REQUESTS WHEREAS, City Code Section 34 -4, Subd. 2(2)(iii) requires a "designation study" to be completed prior to a City Council decision to deny a request for a demolition permit; and WHEREAS, the designation study must be completed by a historian that meets the Department of the Interior Standards; and WHEREAS, the process necessary to solicit, select and approve a qualified historian, and contract for completion of the designation study, is too lengthy to complete within the time limits established by Chapter 34 of City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts a process to pre- approve qualified historians at established prices to complete designation studies if they become necessary. BE IT FURTHER RESOLVED, that the pre - approval process shall be administered according to the following guidelines: 1. Every other year, City staff will compile a list of recommended historians for possible approval by the City Council. a. The list will include candidates that have submitted proposals in response to a Request for Proposals (RFP) that is distributed by City staff. b. The RFP will be sent only to historians found qualified by the State Historic Preservation Office. c. The RFP will include a statement that the proposals must include a price for completion of a designation study, and that the proposed price must remain valid for two years. 2. Together with the list of historians, staff will recommend a set price for completion of a designation study. 3. After the City Council adopts the pre- approved list of historians and the set price, City staff will, on a rotation basis, contact a historian from the list to complete designation studies. Any contract deemed advisable by the City Attorney can be executed by the City Administrator. Costs for the study will be the applicant's responsibility. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of July, 2013. ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor Page 2 of 2 Ji1water T H E B I R T H P L A C E O F M I N N E S O T A TO: Mayor & Council Members DATE: June 27, 2013 RE: Event Coordinator Information FROM: Bill Turnblad, Community Development Director BACKGROUND The City recently completed a community survey to gather opinions on events in general and specifically on the level of interest in having a community event or events. In March and April the Council discussed action steps that should be taken subsequent to completion of the survey. Two action items were identified: 1) Extend the moratorium on a community event; and 2) Explore Event Coordinator positions in other cities and bring findings back to the Council. The Council believed that perhaps an Event Coordinator, in addition to other responsibilities, could staff a committee that would develop an RFP for a community event. On June 18 the Council considered possible responsibilities for the Event Coordinator and asked staff to bring back a potential salary range and revenue source to cover the salary. RESPONSIBILITIES The responsibilities discussed at the last Council meeting included the list below. 1. Event permit administration a. This would include such tasks as permit review, distributing and coordinating permit applications to other City staff members for review 2. Coordinate the drafting of Event Contracts 3. Draft review reports for Parking Commission, Park Commission and City Council as necessary 4. Coordinate event facility or venue preparation with Public Works and Public Safety 5. Coordinate public facility scheduling with the Public Works secretary. This would include parks, the Lowell Park gazebo, the Pedestrian Plaza pergola, etc. 6. Maintain a webpage for scheduled events that have been issued permits. 7. Perhaps act as liaison to larger event permit holders on event day to be point of contact between event manager and City personnel. Event Coordinator Position June 27, 2013 Page 2 SALARY RANGE Based upon the list above of possible job responsibilities, staff would recommend that the position be considered a permanent part time employee. There is no way to know the actual number of hours per year that an Event Coordinator would work here in Stillwater, since the position's responsibilities have only been suggested, not finalized. Therefore, staff estimates that the annual salary range for the position might be $20,800 to $29,952.1 SALARY FUNDING Staff assumes that funding the position from general revenue is not acceptable to the Council. Therefore, the only apparent revenue stream would be from event permit application fees. Year Application fee Fees for services2 Total fees 2011 $850 $10,222.55 $11,072.55 2012 $1,150 $17,180.52 $18,330.52 20133 $700 $8,000.86 $8,700.86 Currently the city does not charge an event permit application fee for a gathering that is defined as an "event ". If the gathering is defined as a "special event" the application fee is $50. As seen in the table, this fee schedule generates about $1,000 a year. Even if "events" had a $25 permit fee and "special events" had a $100 fee, the total application fees generated in 2012 would still only have been $2,825. Therefore, if an Event Coordinator position is only to be funded by permit application fees, the bulk of the salary would be unfunded. REQUEST Decide if a part time Event Coordinator position should be created. bt 1 Assumptions: $20 -$24 per hour; 1,040 — 1,248 hours per week. 2 Services include overtime for public safety personnel, extra road sweeping for races, rental of equipment, etc. 3 To June 27, 2013 Events Report for 2011 Event Dates Name of Event Application Fee Other Fees Total Fees 1/22/2011 Ice Cream Social $0.00 $0.00 $0.00 2/19/2011 Bocce Ball Tournament $50.00 $113.00 $163.00 4/23/2011 Easter Egg Hunt $0.00 $50.00 $50.00 5/7/2011 Hope House Benefit Auction $0.00 $8.00 $8.00 5/14/2011 Washington Cty Hazardous Waste Day $0.00 $0.00 $0.00 5/21/2011 Rivertown Art Festival $50.00 $2,971.00 $3,021.00 5/29/2011 Stillwater Marathon 5/30/2011 Memorial Day Ceremony $50.00 $0.00 $50.00 6/1/2011 Grusin' on the Croix $50.00 $1,378.00 $1,428.00 6/11/2011 Lets Go Fishing - Party in the Park -CANCE $0.00 $0.00 $0.00 6/11/2011 Stillwater Farmers Market $50.00 $60.55 $110.55 6/12/2011 North Hill Ice Cream Social $0.00 $4.00 $4.00 6/18/2011 Block party on North 5th St $0.00 $8.00 $8.00 6/19/2011 Nature Valley Grand Prix Stillwater Criterium $50.00 $1,000.00 $1,050.00 6/21/2011 Summer Solstice Stair Stomp $0.00 $175.00 $175.00 6/26/2011 Stillwater Fire Muster - CANCELLED $50,00 $0.00 $50.00 7/4/2011 Independence Day Celebration 7/9/2011 Certified Transmission Car Show $50.00 $30.00 $80.00 7/12/2011 Summer Tuesdays $50.00 $728.00 $778.00 7/14/2011 Rumble on the Deck $50.00 $264.00 $314.00 7/16/2011 Block party - South 5th St $0.00 $8.00 $8.00 7/16/2011 Phil Keaggy /Ashley Cleveland Concert - CA $0.00 $0.00 $0.00 7/17/2011 Be Moved by the River $0.00 $0.00 $0.00 7/21/2011 Lumberjack Days 8/11/2011 Stillwater Open House $0.00 $330.00 $330.00 8/13/2011 Gopher to Badger Half Marathon & 5K $50.00 $50.00 $100.00 8/20/2011 Ragnar Relay $5400 $0.00 $50.00 8/20/2011 Block Party $0.00 $8.00 $8.00 8/27/2011 Woodbury Days Bike Ride $0.00 $0.00 $0.00 9/11/2011 St. Mary's Wild Rice Festival $0.00 $8.00 $8.00 9/11/2011 Block Party $0.00 $8.00 $8.00 9/17/2011 Block party $0.00 $8.00 $8.00 9/24/2011 Bagpipes & Bonfires $0.00 $25.00 $25.00 9/30/2011 Fall Colors Fine Art and Jazz Festival $50.00 $1,528.00 $1,578.00 10/1/2011 Step Out: Walk to Stop Diabetes $0.00 $100.00 $100.00 10/1/2011 Fire the Fire 5K $0.00 $180.00 $180.00 10/7/2011 Stillwater Harvest Festival $50.00 $1,088.00 $1,138.00 11/11/2011 Veterans Day Ceremony $50.00 $0.00 $50.00 11/19/2011 The "Commander" Release Party $50;00 $8.00 $58.00 12/3/2011 Twinkle Parade $50.00 $84.00 $134.00 Total $11,072.55 Events Report for 2012 Event Dates Name of Event Application Fee Other Fees Total Fees 1/21/2012 Ice Cream Social $0.00 $20.00 $20.00 2/18/2012 Bocce Ball Tournament $50:00 $68.50 $118.50 4/7/2012 Easter Egg Hunt $0.00 $50.00 $50.00 5/12/2012 Hope House Annual Auction $0.00 $0.00 $0.00 5/19/2012 Washington Cty Hazardous Waste Day $0.00 $0.00 $0.00 5/19/2012 Rivertown Art Festival $50.00 $1,967.50 $2,017.50 5/28/2012 Memorial Day Ceremony $50.00 $50.00 $100.00 6/6/2012 Grusin' on the Croix $50.00 $1,602.50 $1,652.50 6/8/2012 The Liberty Last Day of School Bike Race E $0.00 $0.00 $0.00 6/16/2012 Stillwater Farmers Market $50.00 $136.42 $186.42 6/16/2012 Block party on North 5th St $0.00 $8.00 $8.00 6/17/2012 Stillwater Criterium $50.00 $1,534.00 $1,584.00 6/21/2012 MN Special Olympics Reception - CANCELL $50.00 6/24/2012 StillwaterOmnium $50.00 $1,534.90 $1,584.90 6/24/2012 Stillwater Fire Muster - CANCELLED $50:00 6/24/2012 North Hill Ice Cream Social $0.00 $4.00 $4.00 7/4/2012 Block party on South 1st St $0.00 $8.00 $8.00 7/4/2012 Independence Day Celebration $0.00 $0.00 $0.00 7/10/2012 Summer Tuesdays $50.00 $1,513.00 $1,563.00 7/12/2012 Rumble on the Deck $50.00 $110.00 $160.00 7/14/2012 River Run - Cancelled $50.00 $17.15 $67.15 7/21/2012 Mastel 10 Mile 5K Race $50.00 $2,293.15 $2,343.15 7/21/2012 AMOR & Summer Fiesta $50:00 $0.00 $50.00 7/22/2012 Stillwater Parade - CANCELLED $50.00 $201.40 $251.40 8/7/2012 2012 Night to Unite $0.00 $0.00 $0.00 8/9/2012 1st State Bank Open House $0.00 $330.00 $330.00 8/11/2012 Gopher to Badger % Marathon $50.00 $50.00 $100.00 8/18/2012 Ragnar Relay $0.00 $0.00 $0.00 8/25/2012 Woodbury Days Bike Ride $0.00 $0.00 $0.00 9/8/2012 Paint on the Water $0.00 $175.00 $175.00 9/9/2012 St. Mary's Wild Rice Festival $0.00 $8.00 $8.00 9/11/2012 Block Party - Liberty on the Lake $0.00 $8.00 $8.00 9/15/2012 Season Kick -Off at The LumberYard $0.00 $0.00 $0.00 9/15/2012 Block party on North 5th St $0.00 $8.00 $8.00 -- .10/5/2012 Fall Colors Fine Art and Jazz Festival $50.00 $1,546.00 $1,596.00 10/6/2012 Walk to Stop Diabetes $0.00 $100.00 $100.00 10/6/2012 Fight the Fire 5K $0.00 $0.00 $0.00 F_ 10/13/2012 Stillwater Harvest Festival $50.00 $1,643.00 $1,693.00 10/20/2012 Stillwater Lift Bridge Road Race $50.00 $2,256.00 $2,306.00 10/27/2012 Liberty on the Lake Harvest Event $50:00 $8.00 $58.00 11/3/2012 Lift Bridge Beer Run - Cancelled $0.00 $0.00 $0.00 11/11/2012 Veteran's Day at Leo's $50.00 $0.00 $50.00 11/11/2012 Veterans Day Ceremony $50.00 $0.00 $50.00 12/1/2012 Twinkle Parade $50.f 00 $30.00 $80.00 I' ( Total $18,330.52 Events Report for 2013 Event Dates Name of Event Application Fee Other Fees Total Fees Vets Memorial Movie Night $0.00 $0.00 $0.00 1/19/2013 Ice Cream Social $0.00 $0.00 $0.00 2/23/2013 Bocce Ball Tournament $50.00 $68.50 $118.50 3/30/2013 Easter Egg Hunt - CANCELLED $0.00 4/28/2013 MN Ironman Bike Ride $50.00 $382.50 $432.50 5/4/2013 Power Up The Valley Community Event $50.00 $0.00 $50.00 5/15/2013 Law Enforcement Day $0.00 $0.00 $0.00 5/18/2013 Rivertown Art Festival $50,00 $1,167.50 $1,217.50 5/18/2013 Washington Cty Hazardous Waste Day $0.00 $0.00 $0.00 5/27/2013 Memorial Day Ceremony $5P00 $0.00 $50.00 6/1/2013 Block party on North 5th St $0.00 $8.00 $8.00 6/1/2013 Stillwater Farmers Market $50.D0 $91.26 $141.26 6/5/2013 Crusin' on the Croix $50.00 $2,008.50 $2,058.50 6/9/2013 North Hill Ice Cream Social $0.00 $8.00 $8.00 6/16/2013 Nature Valley Grand Prix $50.00 $1,534.00 $1,584.00 6/22/2013 Burback Graduation Party $0.00 $8.00 $8.00 7/4/2013 Independence Day Celebration $0.00 $0.00 $0.00 7/9/2013 Summer Tuesdays $50.00 $623.00 $673.00 7/11/2013 Rumble on the Deck $50.00 $110.00 $160.00 7/20/2013 Stillwater Log Run $50.00 $1,194.37 $1,244.37 8/6/2013 Maryknoll Block Party $0.00 $8.00 $8.00 8/8/2013 1st State Bank Open House $0.00 $280.00 $280.00 8/9/2013 Hearts4Charity Concert $0.00 $157.00 $157.00 8/10/2013 Nicholas /Nelson Wedding $0.00 $32.00 $32.00 8/10/2013 Gopher to Badger % Marathon $50'00 $50.00 $100.00 8/17/2013 Ragnar Relay $0.00 $0.00 $0.00 8/24/2013 Woodbury Days Bike Ride $0.00 $0.00 $0.00 9/14/2013 Bagpipes & Bonfires $0.00 $25.00 $25.00 9/28/2013 Lift Bridge Beer Run $50.00 $295.23 $345.23 10/19/2013 Stillwater Lift Bridge Road Race $50.00 11/11/2013 Veterans Day Ceremony $0.00 $0.00 $0.00 Total $8,700.86 i w a ter 3 q F H. A f C1 M N ry l 0 1 A PLANNING REPORT DATE: June 25, 2013 REGARDING: Orderly Annexation Agreement Revisions recommended by the Joint Planning Board FROM: Bill Turnblad, Community Development Director Almost a year ago the City Council and the Township Board met jointly. One of the discussion items during the meeting was potential revisions to the Orderly Annexation Agreement. Of most interest seemed to be an extension of the date upon which the City could annex all properties that had not as yet been annexed. The City Council referred consideration of potential revisions to the Joint Board. Attached you will find the Joint Board's recommended revisions. Some of the suggested revisions received unanimous support of the board. Some did not. Where the recommendations are not unanimous, a note to that effect is made. 16/20/13 Edits by Joint Board ORIGINAL AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT, ORDERLY ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this / Zo day of c< &, , 1996, ( "Effective Date ") between the City of Stillwater, Washington County, Minne to ( "City ") and the Town of Stillwater, Washington County, Minnesota ( "Town ") and is an agreement relating to growth management and constitutes a "Joint Resolution" between the City and Town authorized by Minnesota Statutes §414.0325 providing for a procedure and a framework for orderly annexation of a part of the Town to the City. This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authority pursuant to Minn. Stat. 471.59 and Minn. Stat. 414.0325 (Subd. 5). SECTION ONE INTRODUCTION 1.01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities. Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth in the annexation area would benefit the City. The Town has participated in a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town. INTENT 1.02 The parties to this agreement intend it to be binding with all the rights, privileges, and obligations attached thereto. Both parties intend to be bound by this agreement and shall not violate its terms. Neither party shall exercise any legislative authority either now existing or which may be later created in a way which violates the terms of the agreement. Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent. Instead, the parties agree to refrain from exercising any legislative authority, now or into the future, in a way that would violate the terms of this agreement. 35667.01F 05/23/96 6/20/13 Edits by Joint Board INCLUSION INTO COMPREHENSIVE PLAN 1.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement into the City's Comprehensive Plan. SECTION TWO ORDERLY ANNEXATION AREA 2.01 The property described in Exhibit "A" that is subject to annexation by the City pursuant to this Agreement will constitute the "Orderly Annexation Area". This area includes all that area of the Town not now within the City that lies North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that lies North of the right -of -way of the Minnesota Zephyr Track and East of the Oak Glen development. The Orderly Annexation Area is designated as in need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for in this Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described in this Agreement upon the filing of a Resolution as described in this Agreement. SECTION THREE PHASING SCHEDULE 3.01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one time. This would also allow for the burden imposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis. The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents. For the purposes of this Agreement, the Orderly Annexation Area will be divided into four (4) phases described as follows: Phase I Description 3.02 Phase I contains that property described in Exhibit "B ", generally described as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4.08 herein: 35667.01F 05/23/96 -2- 6/20/13 Edits by Joint Board a. The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31- 030 -20 -32 -0001 and 31- 030 -20 -34 -0001 Owners: Alvin and Helen Bergman b. 1223 - 62nd Street North Parcel Number 31- 030 -20 -34 -0002 Owner: Paul Bergman c. 7143 Manning Avenue Parcel Number 30- 030 -20 -33 -0001 Owners: Robert M. and Ann S. Jordan d. 7135 Manning Avenue Parcel Number 30- 030 -20 -33 -0002 Owners: Ralph E. and Kimberly A. Stowell e. 6731 Manning Avenue Parcel Number 31- 030 -20 -23 -0001 Owner: Rosalie Gadient The Phase I also includes the Stillwater Golf Course. The approximate population of the Phase I area is Phase II Description 3.03 The Phase II property is the property described in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property. Phase III Description 3.04 The Phase III property is the property described in Exhibit "D" and commonly referred to as the Palmer Farm property. This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted. Phase IV Description 3.05 The Phase IV property is that portion of the Orderly Annexation Area that is not included in Phases I, II or III. 35667.01F 05/23/96 -3- 6/20/13 Edits by Joint Board SECTION FOUR TIMING OF ANNEXATION OF PHASES 4.01 Under no circumstances will the growth in the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one. This limitation shall apply to the issuance of building permits. The City shall provide a written report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous - months. twelve 1 4.02 Phase I property will be annexed to the City after the execution of this Agreement. The Municipal Board shall order annexation of the Phase I property within thirty (30) days following receipt of this Joint Resolution. 4.03 4.04 4.05 4.06 Phase II property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999. Phase III property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002. Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, -204-k 2020 (3 -1 vote; Weidner opposed) The City may annex Phase II property prior to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation. 4.07 The City may annex Phase III property prior to January 1, 2002 provided that: a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year limitation; and b) that seventy-five percent (75 %) of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings. 4.08 The City is free to deny an annexation or extend the timing of a phase at any time at its sole discretion. This Agreement does not confer any rights upon any individual property owner to require the City to annex his or her property. 4.09 As an exception to the Phasing Schedule, the City may annex property not described in Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100 %) of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation. 35667.01F 05/23/96 -4- 16/20/13 Edits by Joint Board SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT the 12.2 acres at the northeast quadrant of CSAH 12 and CSAH 15, 5.01 Commercial Development within the Annexation Area will be limited to the 6.3 acr of commercial property at the southeast quadrant of C.S.A.H. 12 and C.S.A.H. 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15. These are the only properties designated for commercial use in the City's Comprehensive Plan. 5.02 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification that will be described as "Village Commercial Zoning" or "Neighborhood Commercial" . ' 18.5 separate guidelines, standards and design criteria designed to meld the . " acre commercial area into the rural setting of the adjacent residential property remaining in the development and the Town as described in Exhibit "E". 5.03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zoning classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and criteria consistent with the classification described in the Comprehensive Plan. The district will house office, light industrial and service uses in a coordinated planned unit development campus setting. 5.04 Agriculture will continue to be a permitted use in the areas re -zoned pursuant to this Section. SECTION SIX ASSESSMENT AND UTILITY POLICY 6.01 Concurrent with the adoption of this "Joint Resolution ", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading. The policy shall be as follows: a. Except as set forth in Section 6.04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook -up or utility charges if the property is not connected to public sanitary sewer. b. Except as set forth in Section 6.04, no property will be assessed for municipal water or required to pay water hook -up or utility charges if the property is not connected to the municipal water system. c. No property will be assessed for storm water improvements or required to pay storm water hook -up or utility charges prior to subdivision of the property. 35667.01F 05/23/96 -5- 6/20/13 Edits by Joint Board $3,750 $3,750 d. Any property which hooks -up to City sewer shall pay a hook -up charge which will not exceed Twcuty -Five I net-red Dollars ($2,500.00). The limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. $3,750 $3,750 e. Any property which hooks -up to City municipal water system shall a hook -up charge which will not exceed Twenty-Fives Dullths ($2, 00.00). The :: limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook -up to the system. f. Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area. However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One. The property may be subject to additional deferred assessments payable if and when the property is subdivided. "Substandard" is determined by Township standards in effect prior to the annexation of Phase I. g. If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6.01 d and e regardless of whether the property can be further subdivided. Additional hook -up charges will be due at the time the property is subdivided based upon the hook -up charges in effect at that time. 6.02 Concurrent with the City's adoption of this "Joint Resolution ", the City will adopt a sanitary sewer and water hook -up policy which includes the following provisions relating to property within the orderly annexation area: a. Prior to subdivision of the property, no property owner will be required to hook -up to the City's municipal water system. b. Prior to subdivision of the property, no property owner will be required to hook -up to the City's sanitary sewer system unless hook -up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is initiated. A property owner will be permitted to upgrade or replace a failing system in accordance with MPCA standards. The City ordinance will not impose regulations that are more stringent than those required by the MPCA. 6.03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on -site system if the extension is not feasible or cost effective. 6.04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property. 35667.01 F 05/23/96 -6- 6/20/13 Edits by Joint Board 6.05 The limitations in Sections 6.01 d and e will be annually adjusted commencing January 1, based upon the Consumer Price Index for Urban Consumers (CP -U). SECTION SEVEN REAL ESTATE TAXATION 7.01 Rural Tax Rate Adjustment. It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately .35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of .17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome. The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing District Ordinance to include: a. A rural service district that will include only parcels that are not connected to municipal sewer or water services. b. A rural service tax rate that will be set at seventy -five percent (75 %) of the City Urban Service District rate. c. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation, the initial rural service tax rate in the year of annexation will be Fifty percent (50 %) of the urban rate, with the percentage being increased five percent (5 %) each year to the seventy -five percent (75 %) rural service rate. 7.02 Tax Rate Adjustment for Parcels Not Requesting Annexation. Pursuant to Minn. Stat. 414.035, for parcels that have not requested annexation and do not qualify for the rural service taxing district, the initial urban tax rate in the year of annexation will be fifty percent (50 %) of the urban rate, with the percentage being increased 10 percent (10 %) each year for five (5) years to the full urban rate. 7.03 Tax Payment to Town. During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20 %) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City. For the purpose of this section, any increase in tax capacity over the tax capacity generated in the year of annexation will remain with the City. 7.04 Year of Annexation. If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year. If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy in the annexed area until the following year. 35667.01F 05/23/96 -7- 16/20/13 Edits by Joint Board SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL 8.01 The purpose of this section of the Agreement is to provide for the joint exercise of governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and 414.0325, Subd. 5 in order to insure orderly development within the annexation area in accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan. 8.02 The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appointed by the City and two (2) Town Board members appointed by the Town Board of Supervisors. 8.03 The Joint Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City in order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain in the present conservency zoning classification now in effect in the area. A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning District will be adopted in order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development Center. Nothing in this subsection shall preclude the Town's approval of a subdivision of a parcel of land into three or fewer lots with a minimum lot size of 2.5 acres. 8.04 As to property within the Orderly Annexation Area after its annexation into the City, the Joint Board shall have the following delegated powers: a. Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area; b. Approve the initial adoption of, amendments to, or variances from the City's official controls relating to the Orderly Annexation Area. c. Approve any special assessment and sanitary sewer and water hook -up ordinance or policy and any amendments for consistency with Section Six. d. Approve the Rural Service Taxing District ordinance or any amendments thereto, for consistency with Section Seven herein. e. Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement. f. All matters subject to approval by the Joint Board as set forth in §8.04 (a), (b) or (c) shall be processed in the same manner by the City as any other such 35667.O1F 05/23/96 -8- 6/20/13 Edits by Joint Board g. matter. Any required public hearing before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board. Final action by the City relating to matters described in §8.04, Subd. (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action. If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution ( "ADR ") in the form of mediation/arbitration ( "Med -Arb ") or such other agreed upon ADR format. If mediation fails, the Neutral will issue a recommended decision. The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the City and Joint Board. The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue. h. Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8.04(e) herein shall be processed in the same manner as all other development applications except as follows: (1) The Joint Board shall meet before the Planning Commission completes its consideration of the application. Minutes of the Joint Board's discussion of the application shall be included in materials submitted to the Planning Commission. No public hearing need be conducted at the Joint Board meeting; (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members. 8.05 "Official controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps. 8.06 The Joint Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board. The Town and City will be responsible for paying their own employees, consultants and Joint Board members. Any expenditure incurred by the Joint Board, including the appointment of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75 %) to the City and twenty-five percent (25 %) to the Town. 35667.01F 05/23/96 -9- 6/20/13 Edits by Joint Board 2025 8.07 This Joint Powers Agreement shall term . e concurrently with the Orderly Annexation Agreement on January 1, : , except as follows: As to the matters set forth in Section 8.04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain in effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16.01 herein. 8.08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial inclusion into the City upon annexation. The Agricultural zone shall not allow any non - agricultural commercial use. The owner of any property proposed to be annexed pursuant to Section 4.09 which has an existing non - agricultural use shall agree to terminate the use as a condition of annexation. Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8.04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation. SECTION NINE PERFORMANCE STANDARDS 9.01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area. The standards will measure developer performance in the areas of fmancial responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints. Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards. SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 10.01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City /Town Planning Task Force within the ordinances and policies of the City. These recommendations are adopted and made a part of this Agreement as Exhibit "F ". SECTION ELEVEN ENVIRONMENTAL AND OPEN SPACE PRESERVATION 11.01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board. Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly - Annexation Area will be followed when feasible or when permitted by law. The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, 35667.01F 05/23/96 -10- Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G ", and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area. SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12.01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of the development plans. The City will copy the Town Board on any correspondence with Town property owners relating to easements or right -of -way acquisitions. SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN (City Engineer is reviewing this section. 13.01 The Town will continue to maintain streets and other public improvements in the Annexation Area so long as they remain in the Town. If improvements are required in this area which are not necessitated by growth in the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City. The City's portion of the cost will be prorated based upon the following formula: Useful Life After Cost of Improvement x Projected Annexation Date = City's Share Total Useful Life 13.02 If public improvements are required in the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approximating the cost of maintaining (e.g. patching, sealcoating, and overlays) the street to a Township rural standard under the policy in effect prior to the annexation of Phase One based upon average daily traffic that existed prior to Phase One. This amount will be the Town's responsibility. 13.03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995. The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town. 35667.01F 05/23/96 6/20/13 Edits by Joint Board SECTION FOURTEEN MODIFICATION 14.01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4 /5ths vote of both the City and the Town. SECTION FIFTEEN GENERAL PROVISIONS 15.01 The words "shall" or "will" are mandatory. The word "may" is permissive. 15.02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remaining terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid. SECTION SIXTEEN TERMINATION 16.01 This Agreement will terminate on January 1, Phase IV properties annexed subsequent to January 1, protection of the provisions of Sections Six and Seven year of annexation. CITY OF STILLWATER By: ATTEST: imble, is Mayor Morli(Weldon, Its Clerk 35667.O1F 05/23/96 2025 in all respects, except that any S, shall be entitled to the or a period of five (5) years after the 2020 (3 -1 vote; Weidner opposed) TOWN OF STILLWATER By: 404... _4- lirChairman of Its Boar ATTEST: of Supervisors Pat Bantli, Town Clerk -12- 6/20/13 Edits by Joint Board MCC'' "BS FRANK ROSS • 4 add this area McCombs Frank Roos 15050 23rd Ave. N. Plymouth, MN. 55447 612/476 -6010 Fax 612/476 -8532 Associates, Inc. Engineers Planners Surveyors Orderly. Annexation Area EXHIBIT A CITY & TOWNSHIP • OF STILLWATER ORDERLY ANNEXATION AGREEMENT i'`ii�ii.P:ri llr._ •::III nlii aAri n i fit? n�lislinil: =� �� 'lIE'■ II iliii ■1111 n ■iiii.i ■1 ■l'+�; 0.0 ' ii1��!1 u�l�r 1 ■ rif o• —��[I t 1� 1li1111111 1111 ■:. Ilr7 ■11111 - .I �� _S �I,�Aw` ■IIIIIII:�Illllill • ■11 11 ■I • •1r�„ �- 1!E ��p i' • �•�, \I ■l191 .iii I llli ■ ■1 ■IYYi1R,. ■■i11115 N nv �y 1 �C.+� �11111111�:1_ ■I ■■e�■ ■11111 ■I ■� n /I■�`i. 7J1r.6 ■sia'��r= 1111•® ;'Q /T IIII , ■II ::.:'. T 1� `w J II IIh1 rll � _�•�1 _�• -ul M mrililla�lll�'ll' �A& AA� a . i n.nli 111 ■1111 1 :p• . IYWIYI . �� `r i / 3 Ilia III ■.■j111 III I • I ..IJL! I�.1■..II i ii. U■ 11°`■iIIIF IiiYll 1■ (1I IJIFJI 3!■r9R1 r. 1■■1'llh.: ■1 ■11 I I . ■, F� i : II IE i-L; ®�liou iiil .,,I '1 - - -- 1111111113111111151II 111!!U Y 1.1 'k\ ` I� n ■..nilrnmg I n11 nu■ n n■■ � / ME11 C ■111 Il Illuhllinll '� 11111111 �� .11011W ' � Gn �_ i -�� a�n teYma.l7. 7EII =��■ _i. icii.. ��1A��N P 111 a lawi..ls a� Ql1 \Ig�.A�� a. 1111�iiii< �I ■•ter■. _di /1Yiiiiill� �� i■ �\ I I Ijizielal ii��. - --1a�, 10. 1996— 1.3iPhi !.Crr `9S FRANK ROSS AIL= littA 401* No. 6168.,..P. 3/6 L 1[ ,- EXHIBIT B McCombs Frank Roos flssociates, Inc. 15050 23rd Ave. N. Plymouth, MN. 55447 612,476 -6010 Engineers Planners CITY & TOWNSHIP OF STILLWATER ORDERLY ANNEXATION • �z�Jun. 10. 1996_ 1:31PM,r„_MC c'gS FRANK ROSS No, 6168 P, 4/6 McCombs Frank Roos Rssociates, Inc. 1S050 23rd Five. N. • Plypouth, MN. 5544? Engineers c,�.a�c_cnin Planners EXHIBIT 1 c CITY & TOWNSHIP OF STILLWATER ORDERLY ANNEXATION Jun. 10. 19Y6 FRANK ROSS No, 6168 1). 5/6 3,01s ‹ WCG E - 1 , -REE N. 3oss z • , \-1 D TH #96 .1:5•L` ellwood Road 96 vs'OCa.v.rrs" 1 10 cos eit Road #64 (McKusick •••2 •: . - 7 v 7 v•- 2 4 80th Street l• 3121- i5,1; 3t'Sb 1 75 • 51- i 17721 1 NEAL\ r)QW5 I ton. MEAc 1.5 95 0 ,m4 "9 :.•••• 2 f-'7.'• 0111LOT n ■•• 2 45d McCombs Frank Roos 15050 23rd Ave. N. Plymouth, MN. 55447 612/476-S010 Fax S12/476-9532 Associates, Inc. Engineers Planners Surveyors EXHIBIT D CITY & TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION AGREEMENT RESOLUTION NO. A RESOLUTION VACATING PART OF WATER STREET WHEREAS, a Petition was presented praying for the vacation of part of Water Street in the City of Stillwater, Minnesota, described on the attached Exhibit "A, "; and WHEREAS, the City Council did determine that the Petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that is was proper for them to proceed with the vacation pursuant to Minnesota Statutes §440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council on the rd day of July, 2013, determined that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City and the abutting owners that the portion of the street be retuned to the tax rolls; and WHEREAS, it appears in the public interest that a portion of the street be vacated since it is no longer needed for public purposes and if returned to the tax rules would improve the tax base of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Petition be and the same is hereby granted, that the portion of Water Street as described, be and the same is hereby vacated: A copy of a survey of the vacated street is shown on the map attached hereto as Exhibit B. Adopted by affirmative vote of all the members of the City Council of the City of Stillwater this 2nd day of July, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward All that part of North Water Street, located in part of Block 18, of the Original Town, now City of Stillwater, on file and of record as Document No. 416049, Washington County records, as said North Water was created by Resolution of the City of Stillwater and recorded in Book 74 of Deeds, Page 122, of said Washington County, Minnesota, bounded and described as follows, to wit: On the easterly side by the easterly right -of -way line of said North Water Street; on the westerly side by a line drawn parallel with and 9.00 feet westerly of said easterly right -of -way line; on the southerly side by the extended northerly line of Myrtle Street as shown on said recorded plat of the Original Town, now City of Stillwater and on the northerly side by a line drawn parallel with and 43.88 feet southerly of an easterly projection of the northerly line of Commercial Avenue, as the same is described in Book "V" of Deeds, Page 384, in said Office of the County Recorder. Retaining however, a 5.00 foot wide public sidewalk easement over, under and across the westerly 5.00 feet of the above described Street Vacation parcel, and also retaining a roadway and utility easement over, under and across the southerly 13.5 feet of said above described Street Vacation parcel. Subject to and together with any other valid easements, reservations or restrictions. Note: No Title opinion or abstract was provided to Stack Land Surveying for the preparation of this description. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws Qf the State of Minnesota. / Barrett M. Stack Date: / 1B — 2e)/7 License No. 13774 EXHIBIT A ELY. aF /VO LivE Of COMME.ec /A[ AYE. 9S OEJG. /N Baee "✓" O, 2Z ,4 184, Eby, L /Nc 4/, k/N'c. ' sr. - CERTIFICATE OF SURVEY DESCRIPTION SKETCH 9.So� N75'/8'25'E N ./'9,eccL 3 � 4 /04- S9, DE,SC. O.✓ ..5//6E 7 4 m \ I - 9/,'3 /V7J " /B'ZS � s s e =Tai-9.6.9 kkt Sri N D D ri 0 N � . 9.00 S I F Ceefimmtvr /87L 9 . '. Fr. -y :„.-;/-c. 'sr- -` -a Poc. /1/. 4/‘.9' 12A-19/962,5-6-,9 `OMQ ///G' L7 pc sce,,9 7-/o.v ON SHEE T S Z BBZ S, FT. / /NCL. AF-e. i�9PCEG /.+,vO fir/9 TE.e 577 ` ,e i L-) (J 44T. ti City of Stillwater 216 No. Fourth Street Stillwater, MN 55082 Description Map: See Sheets 2 thru 6 of this map for proposed parcel and easement descriptions: Notes: Bearing system is assumed. o Indicates #13774 iron pipe to be set or relocated as per request of the City of Stillwater, after site const. is completed. Desc. work was limited to the preparation of parcel and esmt. desc's., as shown. No other improvements, utilities or . other- .surivey work was -'to'-be located ' at this time, other than as shown. } K 3 Co 7,l Wfy ,e.,e. . - _ 373 ° /8' /o "u/ 62.0O - - 1 ^\ I • r�[/8.G /c 9 { JEE 44,r2) I A0c✓, [we MP, Tr, sr. ' \ Ll/O6 r4,'Lk' 9/ z/'_* S.00 5 3 ‘` A Q • N 1� P - -- N73 ° /8%O'6 /as: 2/ - - vJ ✓ Z (2 EAST 1 sz M; -,erLE ti As directed by Mr.'Mike Pogge, City of Stillwater Planning Dept., and Mr. Dave Magnusson, City Atty, A Public Sidewalk, Road- way and Curb Easement by dedication was retained by the City of. Stillwater when the original St. Croix Preservation parcel was conveyed by the City. The limits of this esmt. are shown hereon along the s'ly line of the overall parcel as "Public Side.- walk ". ' I 7 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the to of Minnesota.�"� / /�, DateNov. 18., 2011 Reg.No 13774 EXHIBIT B BOARD AGENDA JULY 2, 2013 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility 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 5. 9:20 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the All Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:35 Library — Patricia Conley, Director Resolution — Minnesota Children's Museum "Smart Play Spot" Funding 7. 9:40 Community Services — Robert Crawford, Workforce Center Division Manager A. Recognition of the Dislocated Worker Team B. Workforce Investment Board's Strategic Plan for 2013 -2016 10:00 Public Works — A. Resolution — Award Bid for County State Highway 23/24 Project — Cory Slagle, Transportation Manager B. Resolution — Reallocation of 2011 Bonds to Existing Bond Projects within Fund 456 — Wayne Sandberg, County Engineer 9. Board Correspondence 10. 10:15 Adjourn 11. 10:20 to 10:50 — Board Workshop with Community Services Update on Work in the Areas of Adoption and Licensing 12. 10:55 to 11:15 — Board Workshop with the Office of Administration Discuss Web Streaming Cablecasting of County Board Meetings 11:30 Personnel Committee Assistive listening devices are available for use in the County Board Room Un„ ,, ,4 oecfrhnre H,, h, rli¢ahil;lt. nrr�naunQc_6�.riar I - ..& /aa ll .4V annp EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JULY 2, 2013 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the June 18, 2013 County Board meeting minutes. B. Approval to make reappointments for committees and commissions with memberships that expire June 30, 2013; and approval to appoint Whitney Ridlon, Economic Development Representative, to the Workforce Investment Board to a first term expiring June 30, 2016. C. Approval to appoint Michael Edman, Cottage Grove, to the Community Corrections Advisory Board to a first term expiring December 31, 2014. Community Services D. Approval of Amendment 1 to extend the contract with State Operated Services for one registered nurse position for the Adult Mental Health Unit for the period of July 1, 2013 through June 30, 2015. County Attorney E. Approval of the Auto Theft Prevention Grant awarded to the Washington and Anoka County Attorney's Office for the time period of July 1, 2013 through 2015. Property Records and F. Approval of penalty and interest abatement for Anderson Parcels located at Taxpayer Services 14583 Forest Boulevard North in the City of Hugo. Sheriff s Office G. Approval of resolution, Joint Powers Agreement with the State of Minnesota, Commissioner of Corrections for the housing of offenders in the Washington County Jail. *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 Ul... , naa.H occiefa„ra •..a tel rlicohilill ,,. InnQ„aoa harrier n /men e,u (RS1ywtRnnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA JUNE 25, 2013 — 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 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 junction of tashington County Government, whether or not the issue is listed on this agenda. Persons who wish 10 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 10 come to the podium, state your name and address, and present your comments, Your comments crust be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will no be allowed. You are encouraged to limit your presentation to no more than fine minutes. The Board Chair resolves the right 10 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 Community Services — Suzanne Pollack, Division Manager Recognition of Two Family Child Care Providers of the Year 5. 9:25 General Administration — Molly O'Rourke, County Administrator A. 2013 Annual Legislative Report — Keith Carlson, MICA Executive Director B. Performance Measurement and Indicators Annual Report and Update — Amanda Hollis, Sr. Management Analyst 10:15 Commissioner Reports — Comments — Questions This period of lime shall be used by the Commissioners to report to the All Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive hoard action daring this time. Any action necessary because of discussion will he scheduled for a future board meeting. 7. 10 :30 Public Works A. Resolution — Brown's Creek State Trail Plat — Michael Welling, County Surveyor B. Contract with HDR Construction Control Corporation —County State Aid Highway 19 -20 -22 Project — Cory Slagle, Transportation Manager C. Contract with Howard R. Green Company — County State Aid Highway 19 Reconstruction — Cory Slagle, Transportation Manager 8. Board Correspondence 9. 10 :45 Adjourn 10_ 10 :50 to 11 :05 — Board Workshop with Public Health and Environment Update on the City/Township Residential Recycling Performance Scorecard 11. 1 1 :1.5 to 12 :00 — Reconvene for the Second Meeting of the County Board of Appeal and Equalization Assistive listening devices are ava4rabte roruse rn the County Board Room If i • enrtn h•„wior n n a• n�R l'F511 A�1f R/1M EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 25, 2013 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the June 4 and 11, 2013 County Board meeting minutes. Community Services Human Resources Property Records and Taxpayer Services B. Approval of revisions to County Policy #2201, Budget Policy. C. Approval to execute Amendment Number Three to the Home Investment Partnership Program funding agreements in accordance with the 2011, 2012 and 2013 Annual Action Plans. D. Approval of Amendment Number Two to the grant contract with the Minnesota Department of Human Services for the Chemical Health Care Horne Pilot Project extending the term from August 1, 2010 to July 31, 2015 and allocates additional funding. E. Approval of county initiative to provide county employees a personalized total compensation statement in an effort to communicate the total value of salary and benefits with Washington County. F. Approval of resolution to review and approve an application from the St. Paul East Parks Lions Club to conduct excluded Bingo at the Washington County Fair. *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 evadable for use in the County Board Room . 1f, ppu[fncee�}a8f_4.t1 �in. NtE¢iyjl !r hr»da� ejanett rn7l,asti,ia.finUO EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners June 18, 2013 FYI Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Weik presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Lehrke — asked that all county projects give detail information such as costs on the web site; - Commissioner Bearth — reported that the Minnesota Inter - County Association and the Metropolitan Emergency Services Board are working on their budgets and more information will be provided in the following weeks; - Commissioner Weik — reported she attended the Gateway Corridor Commission meeting and reminded the Board of a Forum that will be held on Monday, June 24 at Oak Marsh Golf Course. Community Services Approval of the Workforce Center's Local Plan for Workforce Investment Act programs for program year 2013. General Administration Approval of the following actions: - County to submit three capital projects to the State of Minnesota that might be included in the state's budget; - June 25th County Board meeting modified to place the Child Care Provider presentation following the Consent Calendar; - Washington County ranked 33`( out of over 3,000 counties nationwide for fostering children's health; - Board correspondence was received and placed on file. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2013 -077, sale of tax forfeited land to the State of Minnesota, Department of Transportation for an authorized public use; - Board convened as the Board of Appeal and Equalization. Public Health and Environment Approval to appoint Ann McLellan, Stillwater, to the Washington County Extension Committee, to fill an unexpired term to December 31, 2013. Public Works Approval of the following items: - Resolution No. 2013 -078, recognition of David Jessup upon his retirement as City of Woodbury Engineer and Public Works Director; - Authorize temporary use of fund balance for the County State Aid Highway 19 -20 -22 project; - Resolution No. 2013 -079, authorization to close Lake Elmo Park Reserve boat launch for the 110th annual North Western International Rowing Association Championship Regatta; - Ratify contract with Trane for chiller and air conditioning unit maintenance services; - Resolution No. 2013 -080, request funding from the Minnesota Department of Transportation through the 2015 Metro Municipal Agreement Program; - Resolution No. 2013 -081 recognition of Adopt -A- Highway volunteers with 10 and 20 years' service; - Amendment number 1 to contract with Short Elliott Hendrickson for final design of the County State Aid Highway 21/28 realignment project; - Executive Session held to review appraisal data received for negotiation on the Leadholm Parcel in Denmark Township; - Board workshop held to recap the 2013 Legislative Session pertaining to the Counties Transit Improvement Board (CTIB) and preview the June 19 CTIB meeting. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota. June 13, 2013 STILLWATER TOWN BOARD MEETING Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Jim Hiniker, Linda Countryman, Sheila -Marie Untiedt and Fred Brandt, Clerk Kathy Schmoeckel, Engineer Paul Pearson, Planner Berry Farrington, Treasurer Marsha Olson, Chief of Police Steve Nelson and Park Manager Rick Jacobson. Public Hearing - Hanson Variance - 7:00 p.m. Neighbors Present: Katherine Hillbrand - 15290 133th St N, Stillwater Josh Hanson - 15290 113th St N, Stillwater Trish Hanson - 15290 113th St N, Stillwater Pursuant to notice in the Stillwater Gazette and to surrounding property owners, a public hearing was held to consider a request from Josh and Trish Hanson for a variance from the bluff setback requirements for construction of a new home at 15290 113th Street North, Chairperson David Johnson opened the public hearing and introduced Planner Berry Farrington who reviewed the request. They plan to tear down the existing structure and build a new home. The proposed structure does not meet the requirement for setbacks from the bluffline on the east and west sides of the structure. This is an existing legal non - conforming lot. Planner Sherri Buss, Dennis O'Donnell from Washington County and Molly Shodeen from DNR had met at the site. The need for this variance is due to circumstances unique to this property. Berry Farrington reviewed the staff recommendations per the TKDA memorandum dated June 13, 2013. There were the following questions and comments: • Katherine Hillbrand - She is the architect for this project. They have been careful to stay within the overall outline of the old structure, but have a new configuration. They expect to retain the wall on the west side. The applicants are very aware of the special character of the lake. • Josh Hanson - He corrected the location of their lot as shown on the aerial photo that was presented. The public hearing was closed at 7:10 p.m. Regular Meeting - 7:10 p.m. 1. AGENDA - M /S /P Hiniker /Brandt moved to adopt the agenda as amended. (5 ayes) Stillwater Town Board Mtg. — 6/13/13 Page 2 2. MINUTES - M /S /P Hiniker /Countryman moved to approve the May 9, 2013 Stillwater Town Board Meeting minutes as written. (5 ayes) 3. TREASURER - a. Report given. b. Budget for Picnic - The consensus of the Board was to keep the budget at $1,000. The Park Committee will be told not to purchase the proposed sweatshirts with the Stillwater Township logo. c. Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 42148 AirFresh Industries $ 670.00 42149 Campbell, Knutson, PA 1,035.50 42150 CenturyLink 101.79 42151 Helmer Printing, Inc. 540.00 42152 Croix Valley Inspections, Inc. 4,739.61 42153 MFRA 21,127.64 42154 Maroneys Sanitation, Inc. 318.88 42155 MJ Raleigh Trucking Inc 18,037.12 42156 Kathleen Nelson 136.38 42157 Stephen Nelson 785.00 42158 Kathyrn Schmoeckel 56.95 42159 Kelley Shantz 135.70 42160 Stillwater Gazette 102.70 42161 City of Stillwater 61,594.50 42162 Superior Striping, Inc 425.00 42163 Tactical Solutions 31.00 42164 TKDA 4,836.98 42165 Washington County Taxation 200.98 42166 Washington County 1,098.28 42167 Washington County Taxation 12,801.23 42168 Xcel Energy 99.97 42169 Internal Revenue Service 654.28 42170 Minnesota Dept of Revenue 5.86 42171 PERA 344.93 Nelson, Kathleen M 549.97 Nelson, Stephen W 1,163.61 Olson, Marsha Ann 375.07 Ranalla, Sr Robert P 332.46 Riehle, Barbara 696.77 Schmoeckel, Kathryn G 572.09 Shantz, Kelley J 93.74 4. ATTORNEY - a. Ordinance 149 - This ordinance had previously been approved but the copy signed had a typo. A corrected copy was signed. Stillwater Town Board Mtg. — 6/13/13 Page 3 5. PLANNER - a. Hanson Variance - There was discussion of the 30 foot bluffline that the ordinance requires and how this impacts on this property. They will get a grading plan and a soil erosion plan. The applicant was told that the Board appreciates their effort to make this work within the rules. M /S /P Hiniker /Brandt moved approval of the proposed variance subject to Planning Staff Recommendations per TKDA Memorandum dated June 5, 2013. (5 ayes) b. Socha Minor Subdivision - The Planning Commission had held a public hearing on this subdivision at their last meeting. The parcel is located at 10767 Norell Avenue North. The subdivision is consistent with our Comprehensive Plan. Much of the discussion at the public hearing was about access. There are two access points on lot 2 which the County has now said they can keep. The access to lot 1 can be from the easement to the north. In the future, if it becomes necessary, there would always be an option to put in a driveway on Norell. M /S /P Hiniker /Brandt moved approval of this subdivision, subject to Planner Staff Recommendations per the TKDA Memorandum dated June 13, 2013. (5 ayes) c. Arcola Bluffs Major Subdivsion - David Johnson recused himself due to a potential conflict of interest. Sheila -Marie Untiedt acted as the Chair for this issue. Planner Berry Farrington reviewed the request which had been approved by the Board previously, but the plat had never been recorded. The request is to create 8 residential lots and 36 acres of open space on approximately 60 acres. The park dedication has been met. There was discussion of who patrols if trees have been cut down. NPS employs aerial photographs which has increased enforcement. Susan Rockwood had submitted some concerns which were discussed. She asked about the homeowners' agreement which was not readily available. It should also be reviewed. There were questions regarding ownership of the well. Brian Axdahl said he would remove the diesel tank. Engineer Paul Pearson's recommendations were reviewed. M /S /P Hiniker /Countryman moved approval of the Arcola Bluffs subdivision subject to Planning Staff recommendations with the addition of "8. Remove the fuel tank located near the well." (4 ayes, Johnson recused) d. Local Water Management Plan - The local watershed districts have reviewed and approved our plan. M /S /P Countryman /Untiedt moved to adopt our Local Water Management Plan. (5 ayes) e. Sign Regulations - There has been a request to allow some sort of temporary signage in the Township. The Planner was asked to check on what other communities are doing. More discussion at the next meeting. 6. CHIEF OF POLICE - a. Report given. There were 16 burning permits, 6 for buckthorn. No dogs were impounded. b. Sentence to Serve - Additional trail work is needed and buckthorn removed at Little Carnelian Park. Sentence to Serve is scheduled for an additional three days in September. c. Outing Lodge - Jack Kramer has reported that they are making significant progress. The State will be making another inspection. Stillwater Town Board Mtg. — 6/13/13 Page 4 d. Jon Francis Race - This is scheduled for September 21 from 9:00 am to noon. e. Bear - Another bear has been sited on Pawnee Avenue. f. Police Department Audit - The Department of Public Safety will conduct an audit of our Police Department on June 21 starting at 4:00 p.m. g. July Meeting - The Chief of Police will be away for the July 11th meeting. h. Wood Chips in Otto Berg Park - There was discussion of the possibility of using Code Red to look for volunteers to spread the chips. Boy Scouts is also a possibility. Raleighs might also be asked to do the work. 7. ENGINEER - a. Raleigh Budget Update - Raleighs had been asked to review their projects slated for this year and see what they could cut back or delay. They told Engineer Paul Pearson that they are doing the absolute minimum. They are aware of our concerns about the budget. Paul Pearson made some suggestions for savings. He was encouraged to review the budget and redirect Raleighs as he deems appropriate. b. Magnesium Chloride vs. Calcium Chloride - Paul Pearson had done some research to determine what advantages each material has. The effectiveness is essentially the same, but magnesium chloride has a greater application rate and therefore costs more. Raleighs confirmed that costs are more for magnesium chloride. There are no known differences environmentally. He recommended continued use of calcium chloride as we have in the past. c. Dust Control - David Johnson reported that Scandia is doing their own dust control. Paul Pearson was asked to explore what kind of savings this would make. He will check to see if Scandia would be willing to work with Stillwater Township and also talk to Raleighs about it to determine if Raleighs could do this work with their equipment. d. Update Overlay Project - This was scheduled to be done 2 -1/2 weeks ago, but due to rain was not. They are hoping for later in June. 8. CLERK - a. Reschedule CMSCWD Visit - Jim Shaver will be asked to come in either July or August. b. District Change - The legislature has re -drawn the district so that Stillwater Township no longer has two legislative districts. 9. 2013 LEGISLATIVE SESSION AIDS TOWNSHIPS - The omnibus tax bill provides $10,000,000 to local governments which will start in 2014. The Clerk will check with the Minnesota Association of Township to see how this will affect our budgeting. 10. PARK COMMITTEE - a. Geocache - M /S /P Hiniker /Countryman moved to authorize the geocache in Arcola Heights Park for another year. (5 ayes) 11. PARK MANAGER - a. Wood Chips for Otto Berg Park - M /S /P Hiniker /Brandt moved to authorize up to $1,200 for wood chips. (5 ayes) Rick Jacobson will get a second bid. Stillwater Town Board Mtg. - 6/13/13 Page 5 12. RECYCLING GRANT - Bev Petrie was present and distributed a draft for the grant application. She discussed the upcoming composting seminar and other proposed projects. M /S /P Untiedt /Hiniker moved approval of the grant application to Washington County. (5 ayes) 13. REVIEW TREASURER /CLERKS SALARIES - The Clerk will obtain the current compensation rates of the treasurer, clerks and park manager. 14. JOINT MEETING WITH AREA TOWNSHIPS - There was discussion of having an informational round table with Baytown, May and West Lakeland Townships to discuss common issues and concerns. Sheila -Marie will come up with some discussion items. More discussion at the next meeting. 15. MEETING WITH FIRE CHIEF - David Johnson had attended a meeting with Stillwater Fire Chief Stuart Glaser regarding ISO insurance rating for Stillwater Township. There is a proposal to put a fire maintenance station at the Washington County Public Works facility which will benefit our residents. They will continue to explore this possibility. 16. ADJOURNMENT - The meeting was adjourned at 10:50 p.m. Clerk Chairperson Approved FYI Summary of Proceedings Washington County Board of Commissioners June 11, 2013 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Weik presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Lehrke — reported she attended the Association of Minnesota Counties (AMC) District X meting; - Commissioner Kriesel — commended the Washington County Sheriff's Office for assisting the City of Stillwater in apprehending a suspect in an attempted bank robbery; and he attended the Metropolitan Energy Policy Coalition; - Commissioner Weik — reported she attended the Metropolitan Energy Policy Coalition; she attended the Southwest Corridor Management Commission and another is scheduled for this Wednesday; she thanked Community Corrections for the invitation to attend the court proceeding for the Offender Recovery Program; she attended the Counties Transit Improvement Board Executive Session which is planning a meeting of all seven metro Regional Railroad Authorities in September; and she attended the AMC District X meeting. Community Services Approval of the following items: - Resolution No. 2013 -074, continuing participation in the HOME Consortium with Anoka, Dakota, and Ramsey Counties, and the Cities of Coon Rapids and Woodbury; - Conversion of a vacant 1.0 full -time equivalent (FTE) Office Support II position to a 1.0 FTE Supervisor position; - Fraud Prevention Investigation Plan and grant application for July 1, 2013 through June 30, 2015. General Administration Approval of the following actions: - May 28, 2013 County Board meeting minutes; - Resolution No. 2013 -073 Lessard -Sams Outdoor Heritage Council application to acquire property along the St. Croix River, City of Stillwater; - Appoint Sharon Schwarze, Grant, to the Brown's Creek Watershed District Board of Managers, to fill an unexpired term to October 21, 2015; - Resolution No. 2013 -075, 2013 Minnesota Laws, Ch. 143, Article 9, Section 12, paragraph (C) and Section 13, relating to certain tax increment financing districts in the City of Oakdale; - The June 18 County Board meeting will be an afternoon meeting instead of a morning meeting because the Board of Appeal and Equalization by law needs to begin at 5:00 p.m.; - Board correspondence was received and placed on file. Housing and Redevelopment Authority Adoption of Resolution No. 2013 -076 set public hearing on Governmental Housing Revenue Refunding Bonds for July 9, 2013. Library Approval of the following actions: - Authorize eight .35 (FTE) Library Clerk positions (total of 2.8 FTE) in the Library. Public Health and Environment Approval to renew two -year agreements with the Cities of Afton, Lakeland, and Lake St. Croix Beach to provide Individual Sewage Treatment System Inspection Services. Public Works Approval of the following actions: - Selection of Low Voltage Construction to complete card reader system conversion; - Contract with Bolton & Menk, Inc. for construction engineering of the County Road 62/63 parking lot improvement project at a cost of $198,650; - Clean Water Fund Grant agreement with the South Washington Watershed District and the City of Woodbury for the County State Aid Highway 19 construction project water reuse component; - Grant application to the Lessard -Sams Outdoor Heritage Council for up to $775,000 for natural resource restoration in the Washington County Park System; A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.