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2013-08-20 CC Packet
1\la t ec IMF O IRTMELA CE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 20, 2013 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Workshop a) Recreation Center b) MIS c) Community Development /Building Inspections /Parking Ramp d) Legal REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 2. Possible approval of minutes of July 30, 2013 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Certificate of Appreciation & Presentation of Retirement Plaque — Ken Schmitz (Resolution — Roll Call) 4. Police Department Awards: a. Citizen Commendation: Sarah Norheim, Trenton Estes, Dana Lucker -Milan b. Police Department Letter of Commendation: Sergeant Jeff Stender, Officers Kyle Sykes and Ryan Mitchell, Reserve Officer Jon Burke c. Distinguished Service: Sergeant Chris Felsch, Officer Sandra Vetsch and Officer Ryan Mitchell 5. Conceptual discussion by artist Carly Schmitt of potential public participation art project on Downtown Pedestrian Walkway IX. 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. X. STAFF REPORTS 6. Police Chief 9. Community 11. Finance Director 7. Fire Chief Development Dir. 12. City Attorney 8. City Clerk 10. Public Works Dir. 13. City Administrator 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 -121, directing payment of bills 15. Resolution 2013 -123, resolution approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its City Attorney and Police Department 16. Resolution 2013 -124, approval and acceptance of 2014 Volunteer Fire Assistance (VFA) Grant Award 17. Resolution 2013 -125, resolution amending Resolution 2013 -12, Fees for Services/Publications Administrative Citations Fine Schedule 18. Possible approval to purchase emergency lighting packet for 1St response engine — Fire Department 19. Resolution 2013 -126, approval of Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J (located at 214 Main Street S) 20. Resolution 2013 -127, Approval of request by Valley Ridge Shopping Center to rescind a previously approved sign variance 21. Resolution 2013 -128, approval of Microsoft Licensing Agreement 22. Resolution 2013 -129, amending Resolution 2013 -065, entitled "Amending Section 8 -4 Severance Pay of the City of Stillwater's Personnel Policy 23. Resolution 2013 -130, approval of Joint Powers Agreement of the SWAT Teams serving Washington County 24. Resolution 2013 -131, approval of a resolution recognizing the historic significance of 114 Chestnut 25. Resolution 2013 -132, appointment to Human Rights Commission 26. Resolution 2013 -133, appointment to Board of Water Commissioners 27. Resolution 2013 -134, approving offer to sell and memorandum of conditions -Mn /DOT XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 28. Case No. 2013 -12. This is the date and time for a public hearing to consider a request from Jon Whitcomb for final plat for a 15 lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 9, 2013. (3 Resolutions — Roll Call) 29. Case No. DR/2013 -38. This is the date and time for a public hearing to consider an appeal of the Heritage Preservation Commission's decision to deny a request for the proposed trash enclosure location located at 101 Water Street North (associated with 127 Water Street South) in the CBD, Central Business District. The proposed location will necessitate the City Council's consideration of the removal of a condition of approval associated with Case No. SUP/94 -39. Chuck Dougherty, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 9, 2013. (Resolution — Roll Call) XIII. UNFINISHED BUSINESS 30. National Guard Armory update XIV. NEW BUSINESS 31. Request for Wharfage Permit — St. Croix Sailing Club (Resolution — Roll Call) 32. Update on cost and funding mechanisms for Downtown Improvement 33. Possible approval of bids and awarding contract for Downtown Parking Lot improvements (Resolution -Roll Call) 34. Possible approval of a contract for the 2013 -14 CLG grant project to create a self - guided video podcast walking tour of historical houses in Stillwater (Resolution — Roll Call) 35. Possible approval for Washington Avenue storm sewer pipe joints repair (Resolution — Roll Call) 36. Discussion and possible approval of Sanitary Sewer rates (Resolution — Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT nlO.z CARLY SCHMIT Carly Schmitt is an internationally experienced Public Artist and Artistic Entrepreneur. She currently serves as the head of Artist @ Large, a small art business under which she executes large -scale public art projects and curate various community based artistic initiatives. Originally from Minnesota, she graduated from Macalester College in 2003 with a double major in Studio Art and Communication Studies. After graduation she decided to pursue an artistic career and established Artist @ Large, then a small mural painting business, and began developing a diverse portfolio of public and private commissions. In 2008 Schmitt received the very prestigious Alexander von Humboldt German Chancellor Prize; an award given annually to ten young professionals from the United States who show outstanding potential for future leadership. She was the only artist chosen. During this year, Schmitt worked with the Bauhaus University in Weimar, to research German public art systems, programs, interests and community -based art initiatives. After her fellowship year, she continued working in Germany and went on to receive an M.F.A. in Public Art and New Artistic Strategies from the Bauhaus University in 2010. Today, Schmitt's work expands beyond the realm of traditional art practice and uses New Media, technology, and performance elements to engage the public on a more interpersonal level. Her work seeks to bring art practice out of the studio and closer to everyday life. Working predominately in the public realm, her work aims to span gaps, build bridges and bring people together through a system of unexpected circumstances and extraordinary contexts. In recent years Schmitt has become mainly interested in the social dimensions of contemporary art. She designs work that can be viewed on many different levels and is always designed to reach out beyond the typical art audience. She creates art experiences that go beyond the typical perimeters of viewing and understanding art. They are aesthetically beautiful; yet, like a metaphor for life the more you dig into it the more you see and feel. Closely related to Joseph Beuys concept of Social Sculpture, she creates work that is interdisciplinary and highly participatory, everyone can contribute creatively and our society as a whole is featured as the greatest work of art. Schmitt's work can be encountered throughout Europe and the United States. Her projects have been shown in Berlin Galleries, featured in-the 2010 Sarajevo Winter Celebration and presented through "Artist Talks" in Berlin and New York City. Her work forges new connections between people on both local and international levels, and relates primarily with places where art is not normally practiced. Schmitt believes art should be comprehensible, encourage others to think more creatively, and act as a vehicle that delivers social change. i Carl y Schmitt Accomplished PublicArtist and Creative Entrepreneur Born September 25,1981 Education in Minneapolis Minnesota, USA 2008 -2010 11533 IronwoodAve. N Master of Fine Arts: Public Art and New Artistic Strategies, Grant, MN 55082 Bauhaus University, Weimar Germany. Friedrich- Naumann- Str.13C 1999 -2003 Weimar 99423 Germany Bachelor of Arts: Double majors in Studio Art and Communications, CarlySchmitt @gmail.com Macalester College, St. Paul, Minnesota. Phone; (651)300-0434 2002 International: +49176 62766713 Intensive Studies in Design, Spanish language and Art History: St. Louis University, Madrid Campus, Spain. www. CARLYSCHMITT.com www. USREPAID. org Awards and Fellowships 2008 -2009 Alexander von Humboldt Foundation German Chancellor Fellowship, awarded to young professionals from Russia, China and the USA who show outstanding potential for future leadership in their careers. Provides for a one year research stay within Germany. Only artist chosen. Area of research: German public art systems, programs, interests and community-based initiatives. Initiatives, Collaborations and Community Projects 2005- Present Founder, President and CEO, Artist @ Large, a nationally recognized mural production company and independent art business. (See www. carlyschmitt.com) 2010- Present The American Reputation Aid Society, Weimar Germany: Founder, Ambassador and Chief Aid Administrator of this European- based, artistic - aid - action, which questions cultural stereotypes, consumption and the practice of providing international Aid. (see www.usrepaid.com) 2011 Make (Y)Our Mark, Vadndais Heights Minnesota. A community -based artistic collaboration that involve a community of over 12,000 people in the creation of a communityportrait. (see www.makeyourmarkvh.org) 2010 The Local Shop, Kardamyli Greece. A temporary Shop / artistic intervention that encouraged residents to consider how an abandoned building, as well as the cast -off garbage inside it, could find a second use within their community. 2009 UrbanDAE, a German and Brazilian cross - cultural artistic collaboration, co- curated a 24 hour/ 2 week occupation of the Kiosk of Contemporary Art in Weimar, Germany. Action taking place July 8 -22, 2009. t x 2009 What is Modern in the Modern Wing? Invited to develop alternative tour of the Chicago Institute of Art - Modern Wing. In collaboration with Jacquelynn Baas, Mary Jane)acobs, and select students from the School of the Art Institute Chicago. 2009 Klangbriicke, Leipzig Germany. Sound installation/ artistic intervention, that used ambient sound recordings to "build a bridge' between two disconnected parts of the city. 2008 Teaching Mural Artist and Project Coordinator, IFS Bonn, Germany: Collaborated with international students to design, coordinate and execute a group mural project at this language learning center. 2006 -2008 Teaching Guest Muralist and Project Initiator, Seattle International Children's Festival. An annual week -long celebration of art and internationalism that bringing together artists and performing groups from around the world. 2006 Commissioned Community Mural Artist, Great Northern Corridor Revitalization Project. Designed, coordinated, and realized a large -scale exterior mural project (9 x 11m), working in collaboration with the local community and the City of St. Paul, Minnesota. 2005 Teaching Artist in Residency, Stillwater Area High School, Stillwater, Minnesota: Coordinate, and execute the collaborative mural project "Still Water High Tide," a Twelve panel, permanently installed mural. Painted in collaboration with over 30 high school students. 2005 -2008 ArtWorks, Seattle Washington: crew leader and artist volunteer in this program that empowersyoung people, specifically at- riskyouth with professional opportunities in the arts, with a strong emphasis in mural painting. Select Exhibitions and Residencies 2010 Legitimate Possession: Exhibition and Artist Residency, Kardamyli Greece. 2010 Art Transponder: Pushing the Elastic Cabe, Berlin Germany. 2010 Sarajevo Sub - Documenta: Sarajevo Bosnia- Herzgovina. 2010 CityMap, open- air - exhibition of temporary Public art interventions in Weimar Germany. 2009 Liickenhaft: Artistic interventions in parking places, October 29 — 30, 09 in Cologne Germany. 2009 Bauhaus Labs: Weimar Chicago- Retour. Bauhaus Universitat Weimar. 2009 Abfart29:01 Ankunft 15.•02: Open- air - exhibition of temporary Public art interventions interventions around the theme art and Architecture, Leipzig. 0 Public Lectures/ Speaking Engagements 2010 German House: Headwinds, Sustainab&/ yand Contemporary Pub &Art, DAAD/ Alexander von Humboldt Alumni meeting on sustainability, New York, New York. 2009 Temporare Kunsthalle Berlin: Delivered Artist's Taiktitled: ProjectKiangbriicke, part of Berlin Culture Week 2009, and in association with the German office of foreign affairs. 2009 ACC Gallerie Weimar: delivered Lecture titled: Seize & Size, a collaborative artistic performance in public Space. Published Works 2010 UrbanDAE, KoCa Inn; An Urban Experiment at the Kiosk of ContemporaryArtin Weimar. (Berlin: Revolver Publishing, 2010). Radio and Television Interviews 2010 Radio Lotte: " Live Cooking -Up." Weimar Local Public Radio, aired July 8th, 2010. 2009 Deutsche Welle: "Tape der Auswartigen Kulturpolitik." DW- Akademie Online, posted April 21, 2009. 2007 National Public Radio: "City Hires Buskers for Parks." Local News Highlights. KUOW, Seattle. 2006 Home Team: National syndicated television program aired on the ABC Te evision Network; featured Mural Artist. Select Publications that Feature My Work 2010 Thiiringische Landeszeitung: "Und welcher Balkon ist enterhrt ?" January 28. 2008 General Anzeiger: "Von Neuschwanstein bis zur Chi nesischen Mauer." September 3, 2008. 2007 MacalesterToday: "Big Picture" Alumni publication with global distribution, circulation is 25,000. 2006 St. Paul Pioneer Press: "The Mural Speaks." September 15, cover article. Language Skills Native English Speaker Fluent German Proficient in and Spanish t Share the gift of our great American hunting tradition with a .t military member returning from overseas deployment who has missed a hunting season while defending our rights to enjoy ours. A "Welcome Home the Troops" pheasant hunt will be held at Wild Wings of Oneka on Saturday, October 19th. The event is sponsored by Wild Wings of Oneka and the Yellow Ribbon Networks of Hugo and Stillwater and will include a guided pheasant hunt, bird cleaning, 50 target round of sporting clays, shells, and delicious wild game dinner. "A welcome return to the hunt and to a tradition lost to war" were sentiments expressed at the first Welcome Home the Troops pheasant hunt in 2010. Since then there have been four hunts and nearly 400 returning military members have been welcomed home in this unique way. Please show your support to Welcome Home The Troops in one of the following ways: Sponsor an Individual Military Member for $200: Includes birds, bird cleaning, 50 target round of sporting clays, shells, guide /dog, and wild game dinner for one military member. Be a Field Sponsor for $1,000: You attend as host to hunt, shoat sporting, and dine with a group of 4 military members. Sponsorship includes birds, bird cleaning, 50 target round of sporting clays, shells, guide /dog, and wild game dinner for you, the host, and four military members. How to be a sponsor: send your tax deductible check made payable to our 501(c)3 fiscal agent, Yellow Ribbon Network of Washington County, and mail to P.O. Box 14, Hugo, Minnesota 55038. I'm honored to support the "Welcome Home the Troops" pheasant hunt: $1,000 Field Sponsor R $200 Soldier Sponsor F1 Friend of Event $ Payment: State Zip Phone Check for your tax deductible payment made payable to our 501(c)3 fiscal agent, Yellow Ribbon Network of Washington County. Send to P.O. Box 14, Hugo, Minnesota 55038. Questions: Contact Chuck Haas, 651 - 247 -0354, charles.haas27 @gmail.com r �Y, s Name _ . 3= Address _ City Email Payment: State Zip Phone Check for your tax deductible payment made payable to our 501(c)3 fiscal agent, Yellow Ribbon Network of Washington County. Send to P.O. Box 14, Hugo, Minnesota 55038. Questions: Contact Chuck Haas, 651 - 247 -0354, charles.haas27 @gmail.com r �Y, s Proposed Pay 2014 Property Tax Impact Worksheet Taxing District: 1500 Stillwater City STEP 1 - Calculate the Taxing District's Tax Rate: STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. D -1.6% change in market value from 2013 to 2014, which is the city median change. E F G) (H Market Item 76,000 @40% - rem @ 9% (D) - (E) Actual Pay 2013 A Proposed Pay 2014 B Change (C) 1. Levy before reduction for state aids District Before $10,406,507 $10,528,631 1.2% 2. State Aids Exclusion - $0 $0 0.0% 3. Certifed Property Tax Levy 239,700 = $10,406,507 $10,528,631 1 2% 4. Fiscal Disparity Portion of Levy $2,492.67 - $1,035,673 $1,212,159 17.0% 5. Local Portion of Levy = $9,370,834 $9,316 472 -0.6% 6. Local Taxable Value 2014 is an ESTIMATE - 15,255,544 16,185,102 t 6.1% 7. Local Tax Rate = 61.426% 57.562 %` -6.3% 8. Market Value Referenda Levy $0 $0 $0 0.0% 0.0% 9, Fiscal Disparity Portion of Levy (SD only) - $0 10. Local Portion of Levy = $0 $0 0.0% 11. Referenda Market Value 2014 is an ESTIMATE - 0 0 0.0% 12. Market Value Referenda Rate = 0.00000% 0.00000% 0.0% STEP 2 - Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 13. Assumes a 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. D -1.6% change in market value from 2013 to 2014, which is the city median change. E F G) (H Market Homestead. 76,000 @40% - rem @ 9% (D) - (E) Taxing Value Market Taxable 178,000 District Before Value Market Tax Portion of Exclusion Exclusion Value Capacity Tax Actual Pay 2013 Pay 2013 MV 76,000 @40% - rem @ 9% (D) - (E) 500,000 @1.0% rem @ 1.25% (A7 x G) + (Al2 X D) 197,500 19,500 178,000 1,780 $1,093.38 101,600 28,100 73,500 735 $451.48 152,400 23,500 128,900 1,289 $791.78 254,100 14,400 239,700 2,397 $1,472.38 406,500 700 405,800 4,058 $2,492.67 Proposed Pay 2014 Pay 2014 MV X 0.984 76,000 @40% - rem @ 9% (D) - (E) 500,000 @1.0% rem @ 1.25% (B7 x G) + (B12 x D) 194,300 19,800 174,500 1,745 $1,004.46 100,000 28,200 _ 71,800 718 $413.30 150,000 23,700 126,300 1,263 $727.01 250,000 14,700 235,300 2,353 $1,354.43 400,000 1,200 398,800 3,988 $2,295.57 Percentage Change from 2013 to 2014 -1.6% 1.5% -2.0% -2.0% -8.1% -1.6% 0.4% -2.3% -2.3% -8.5% -1.6% 0.9% -2.0% -2.0% -8.2% -1.6% 2.1% -1.8% -1.8% -8.0% -1.6% 71.4% -1.7% -1.7% -7.9% RESOLUTION 2013 -121 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 $1,011,331.47 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 20th day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2013 -121 LIST OF BILLS 1st Presbyterian Church 3M Ace Hardware Action Rental, Inc. Advanced Disposal Services Amdahl Locksmith, Inc. Chris Ancom Technical Center Applied Air Aramark Uniform Services, Inc Arrow Hockey and Sport Aspen Mills AutoNation Batteries Plus BCA -CJTE Board of Water Commissioner Braun Intertec Corporation Carquest Auto Parts CDW Government, Inc. Century Link Century Power Equipment City View Electric, Inc. Clifton LarsonAllen LLP Cole Papers Comcast Commissioner of Trans County Materials Corporation Curb Masters, Inc. Dermco - LaVine Construction Co. Electric Fire & Security Emergency Apparatus Maintenanc Escape Fire LLC Fastenal Company Fox Amy Frontier Ag & Turf Fury Dodge Chrysler Galls Gopher State One Call, Inc. Grafix Shoppe Guild Art Hardrives Inc. Harris Services LLC Hayford Chanel Hoisington Daniel J.H. Larson Company Jimmys Johnnys, Inc. Park Deposit Refund Barricade shtg Supplies Concrete and mixing trailer C -so i l Adjust deadbolt and 6 keys Tech service Electrodes and flame rods Uniform and mats Skates Uniforms Auto parts and supplies Waterproof 12v battery Training Courses July 2013 WAC Charges Professional services Auto parts and supplies Parts Phone Parts and repair Repair Final billing for audit Supplies Internet Book Catch basin, rings and seals Clean, patch and color play equipment at Resurface tennis courts Maintenance agreement Service and inspection invoice 11027 - repair to fire sprinkler Supplies Park Fee Refund Parts Repairs and service Uniforms Tickets Reflective lettering Vinyl banners 2013 Street Project Service Parking ramp reimbursement Professional services Clear lamp Toilet rental 100.00 369.79 451.42 494.94 14,030.98 100.00 114.36 162.91 1,383.77 129.12 1,782.34 759.76 42.74 505.00 2,277.00 1,438.75 1,067.29 184.15 396.44 541.64 337.50 2,086.00 643.69 218.80 20.35 1,260.73 2,215.16 10,400.00 657.00 4,507.13 395.00 43.88 90.00 433.04 314.00 104.97 596.15 183.08 327.04 317,608.10 991.00 5.00 16,350.00 138.42 536.89 Page 1 EXHIBIT "A" TO RESOLUTION #2013 -121 Kath Companies Key Title Inc Kirvida Fire, Inc. KLBB Radio Lake Country Door, LLC Larson Architects League of MN Cities Ins Tr Linner Electric Co. Loffler Companies, Inc. M.J. Raleigh Truck Co. MacQueen Equipment Inc. Margaret Opal Marshall Electric Company Menards Metro Fire Metropolitan Council Metropolitan Mechanical Minnesota Occupational Health Minnesota Wanner Co. Mississippi Welders Supply Co. MN Dept of Labor and Industry MN Pollution Control Agency Modern Heating Municipal Emergency Services NAPA Auto Parts National Award Services, Inc. National Business Furniture Needels Supply, Inc. Nelson Tamara Neopost Great Plains North American Safety Office Depot Performance Plus LLC Peterson Companies, Inc Pioneer Press Professional Wireless Com RiedelI Shoes, Inc. Rose City Sign Company, Inc. Sherwin Williams Software House Int, Inc. Spaulding Mfg., Inc. St. Croix Boat and Packet Co. Standard Spring Parts Staples Advantage Stillwater and Oak Park Heights CVB Stillwater Motor Company Stretchers Oil Pay request #5 Final- building completion Repair Live broadcast 4th of July Repair door Design services for South Lowell Park Re Fireworks Repair flourescent lights Maintenance agreement Sand for volleyball courts at Old Athlet Power relay Partial refund of variance fee Install weather proof covers at park Supplies SCBA Flow test Wastewater Charge FD HVAC motor replacem DOT Drug Collection and testing 6.5 hp Honda str shaft Cylinders Boiler Floodwall Reheat coil repair Fire research bulb Auto parts and supplies Bronze plaque Chair Disinfectant Park Fee Refund Mailing system maintenance agreement Marking paint Office supplies Physical abilities test Silt Fence for Flood Project protection EM Basic package Eng Tech Ad Battery Skates Relocate power boxes downtown Paint and supplies Sales tax 4 ton combustion chamber kit July Arena billing Rear shackle kit Copy paper 2nd Qtr Lodging Tax Repairs and service Ball Vest 1,973.98 30,000.00 2,309.81 500.00 251.25 3,047.52 124.00 584.45 2,370.43 1,744.00 96.52 144.71 283.50 2,236.97 81.02 128,356.94 920.63 281.20 518.80 45.78 10.00 125.00 332.50 70.52 415.82 778.43 278.94 201.40 32.00 982.18 210.54 631.47 255.00 1,547.00 594.00 140.94 184.30 12,555.14 569.84 10.86 979.91 50,539.28 588.45 200.97 42,814.80 765.80 1,199.99 Page 2 EXHIBIT "A" TO RESOLUTION #2013 -121 Summit Fire Protection Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Telemetry and Process Controls Tessman Seed Co. - St. Paul Titan Machinery Toll Gas and Welding Supply Trans Union LLC Tri -State Bobcat, Inc. Tri -State Pump and Controls, Inc. United Refrigeration, Inc. Valley Trophy Inc. Verizon Wireless Washington County Property Records Washington County Recorder Wheelco Truck and Trailer Parts Wingfoot Commercial Tire Wittman Abbi Jo WS & D Permit Service WSB & Associates, Inc. Zayo Enterprise Networks,LLC JULY MANUALS Bridgewater Bank Lake Elmo Bank Long Lake Villas Ltd Partnership Postmaster Richard H Pfister US Bank CREDIT CARDS Larry Hansen Comcast Stuart Glaser MN GFOA Library CC Amazon.com Cub Foods Spangler Steve Fire sprinkler inspection Publications Retiree Health Insurance & COBRA Asphalt Mid Oaks Lift Station Repair Grass seed Wiper arm and blade Cylinders Information charges Parts Parts Core freeman casting 9x12 walnut engraving Mobile broadband TIF 1st half 2013 Supplies Long stroke cha & auto slack kit Tires Reimburse mileage for inspections Refund of bldg permit fee Professional services Phone Curve Crest Villas 1st half 2013 Curve Crest Villas 1st half 2013 Long Lake Villas 1st half 2013 3rd Qtr Utility Billing Postage Long Lake Villas 1st half 2013 Lofts of Stillwater 1st Half 2013 Internet Seminars and meeting Library materials Meeting expenses Program supplies 345.00 153.01 63,661.18 5,276.09 1,483.39 3,418.29 272.72 266.57 20.00 947.62 655.14 546.15 100.12 468.52 35.00 142.00 287.69 5,999.01 11.00 122.60 1,297.00 490.52 16,086.25 16,086.25 29,475.06 2,658.62 9,671.67 136,238.74 191.68 215.00 241.50 62.04 89.96 Page 3 EXHIBIT "A" TO RESOLUTION #2013 -121 LIBRARY Ace Hardware Aramark Baker & Taylor Brodart Brookside Plumbing Culligan Demco Embury Ltd. Menards Midwest Tape Minnesota Elevator Ristow Lisa Scholastic Security Response Stripe a Lot Sun Newspapers Washinton County Library Xcel Energy ADDENDUM Becker Fire & Safety Services Clark, Dan David Wulfing I/O Solutions Magnuson Law Firm Stillwater motors Thomson Reuters - West Washington Conservation Dist Adopted by the City Council this 20th Day of August, 2013 Janitorial Supplies Rug & towel service Library materials Library materials Eyewash station Water Minor equipment Coat rack Janitorial supplies Audiovisual materials Maintenance contract Janitorial Supplies Reward books Maintenance contract Stripe for Parking Want ad Various Utilities Fire extinguisher service Custodian Reimburse for K9 expenses Examination scoring Professional Services Service and repair Information charges Professional Services Page 4 51.91 62.37 489.49 3,480.21 350.00 44.80 282.06 186.01 11.75 929.97 1,416.00 34.86 200.00 155.67 500.00 53.57 633.68 4,996.75 174.59 1,586.25 122.10 795.00 11,380.43 1,297.60 102.96 5,296.13 TOTAL 1,011,331.47 STAFF REQUEST ITEM Department: MIS Date: 08/19/13 DESCRIPTION OF REQUEST (Briefly outline what the request is) Approval of a three year agreement with Microsoft for licensing and software assurance. Each year would cost $30,175. This includes Microsoft Office, Core CAL's for Windows, Exchange,and licensing for Windows, Exchange and SQL Server. This also includes 3 Datacenter licenses for our virtualized environment. 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) Three year agreement, $30,175 each year. This price will remain the same over the entire three year period of the agreement. Only budgeted $13,000 but because of change in licensing with Microsoft the agreement is going to cost more. Working with Sharon to cover the difference. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman C Date: 8/19/13 Below is the quote you requested. Please let me know if you have any questions. Thank you, Garrett *Please email all quote requests to QuotesMN @SHL.com* *Please email all order requests to OrdersMN©SHI.com OR fax 732 - 564 -8280* Pricing Proposal Quotation #: 6970642 Description: ;Microsoft EA Option 4 Created On: Aug-15-2013 Valid Until: Sep -14 -2013 MN CITY OF STILLWATER Rose Holman 216 Fourth Street North Stillwater, MN 55082 UNITED STATES Phone: (651) 430 -8804 Fax: Email: rholman @ci.stillwater.mn.us All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG SA MVL Pltfrm 65 $87.00 $5,655.00 Microsoft - Part#: 269 -12442 Note: Annual Cost 2 WlnPro ALNG UpgrdSAPk MVL Pltfrm 65 $44.00 $2,860.00 Microsoft - Part#: FQC -02462 Note: Annual Cost 3 CoreCAL ALNG SA MVL Pltfrm UsrCAL 65 $38.00 $2,470.00 Microsoft - Part#: W06 -01072 Note: Annual Cost 4 CoreCAL ALNG LicSAPk MVL Pltfrm UsrCAL 165 $69.00 $11,385.00 Microsof - Part#: W06 -01066 Note: Annual Cost 5 ExchgSvrStd ALNG SA MVL 1 $116.00 $116.00 Microsoft - Part#: 312 -02257 Note: Annual Cost 6 WinSvrStd ALNG SA MVL 2Proc 6 $144.00 $864.00 Microsoft - Part#: P73 -05898 Note: Annual Cost 7 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 4 $585.00 $2,340.00 Microsof - Part#: 7NQ -00292 Note: Annual Cost 8 WinSvrDataCtr ALNG SASU MVL WinSvrStd 2Proc 3 $1,495.00 $4,485.00 Microsof - Part#: P71 -07281 Note: Annual Cost Total $30,175.00 MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE GRAND GARAGE 324 MAN STREET SOUTH • SUITE #260 • STILLWATER, MN 55082 -5165 TELEPHONE: (651) 439 -9464 • FACSIMILE: (651) 439 -5641 W WW. MAGNUSON LA W FIRM. C OM DAVID T. MAGNUSON TO: Mayor, City Council and Staff FROM: David T. Magnuson DATE: May 7, 2013 RE: MnDOT Offer DTMAGNUSON@MAGNUSONLAWFIRM.COM ATTORNEY - CLIENT PRIVILEGED Several years ago, when prospects of a new bridge were remote, the City signed a Memorandum of Understanding with Mndot that, among other things, granted temporary easements and access across City property to MnDOT and its contractors for work connected with a new bridge. However, that agreement did not anticipate that in November of 2012 the City was obligated to pay the Union Pacific Railroad, $16,000 for the salvage value of track and ballast that remained on the reach of track that the City previously purchased. City staff has been working with MnDOT to reach agreement on reimbursement for this expenditure. MnDOT has now agreed to pay the City $16,000 for a parcel that is owned by the City, but is and has been used by the State as part of STH 95. The attached map shows the parcel in red, and the two drainage easements the will carry storm water to the river in buried pipes. Although the method is indirect, it nevertheless is a fair process for reimbursement for the funds paid to the UP. DTM/jp APPROVING OFFER TO SELL AND MEMORANDUM OF CONDITIONS BE IT RESOLVED, by the City Council of Stillwater, MN that offer to sell and memorandum of conditions between the City of Stillwater and State of Minnesota, Department of Transporation , as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the associated documents. Adopted by the City Council of the City of Stillwater this 20 ' day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Office of Land Management (2-98) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION OFFER TO SELL AND MEMORANDUM OF CONDITIONS RECOMMENDED FOR APPROVAL Supervisor of Direct Purchase APPROVED By C.S.: 8214 (36 =118) 906 Parcel; 21 County: Washington Owners and addresses: City of Stillwater, Mayor, Stillwater City Hall, 216 Fourth Street, Stillwater, Minnesota, 55082; For a valuable consideration, on this 20th day of August , 201 3 , the undersigned owners hereby offer to sell and convey to the State of Minnesota for a total consideration of Sixteen thousand and no /100 Dollars ($16,000. ) a fee simpletitle to the real estate or an interest therein situated in Washington County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management of the Minnesota Department of Transportation within 30 days from the date of this offer. Such notice of acceptance shall be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be returned to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as follows: (1) Possession of the real estate shall transfer to the State 5. days after the date of acceptance. The owners shall have the right to continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non - personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Title to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buildings (if any) on said real estate shall be insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. (4) If the State of Minnesota is acquiring all or a major portion of the property, mortgages (if any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota to satisfy said mortgage(s) shall be deducted from the amount to be paid to the owners under the terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility of the owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the check drawn in payment for the property. Any fee charged by the mortgage holder for the partial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the property. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners will also be responsible for and will pay in full any pending special assessments. The owners' obligation to pay deferred and pending taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof authorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business after payment of taxes, assessments, mortgages and all other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any part of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless otherwise hereinafter stated the State acquires all appurtenances belonging to the premises including: OWNERS CITY OF STILLWATER By Ken Harycki Its Mayor And Diane F. Ward ItS City Clerk (Address of Owner where acceptance is to be mailed.) MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82 -123 CONTROL SECTION NO. 8214(36 = 45)906 IN GOVERNMENT LOTS 2 AND 3 SECTION 34, T.30 N., R.20W., WASHINGTON COUNTY, MINNESOTA RIGHT OF WAY IN SECTION 34 PARCEL OWNER LOCATION MEe T.R. R. E OR ,,s,,,,,, tE6°ERART EEMEN Tom/m It EASCENi WIRES ON PERYANEN, VW IN700607 S0. 0 . ,YORE OR LEW 22 PORT OF SUNNYSIDE CLUB, INC., FORMERLY KNOWN AS 158 CLUB GOV'T LOT 3 26139 3961 12 -01 -20 FEE RIGHT OF WAY IN SECTION 34 AND HERSEY STAPLES & CO'S ADD. 21 CITY OF STILLWATER 30V'T LOTS 263 _OTS 1 -5 3LOCK 1 5986 30686 PERMIT 12/01/20 FEE NOTE, TEMPORARY COMMISSIONER'S ORDERS IN PUBLIC ROADS WILL EXPIRE ON 12 -01 -20 Z -000 0011 11 O NIT O O 0400 0 CO w N -970 10^ Idwo 0 100 00 0 00>E 0100 yr=., -<2 00 00-4 O 0 0 z 0 812343 012401 Pa, 812 Tt 8 812419 no 00 0 z mm y 0 CITY -4 2N0 AVE SOUTH 7 9; 1 DETAIL "B" !NOT TO 5CALE i 812342 34\ AZIMUTH ORIENTATION AND GRID C Plat azimuths are oriented t0 0 minutes 0 seconds being "01. SURVEY STANDARDS I. The plat values, 0ZTmuths, 2. The boundary monuments ants shot devlat Ion for them nuRlent 3. The county coordinates shot a, For details of this survey Transportation, ME Section Line Ouorter Line Sixteenth line Property Line 7/0 Boundary 0/M -.. Existing D.O.T. R/0 Line And Other Rood R/4 Railroad 7/5 Private Easement Temporary Easement Building Removal Easement OISTANCE5 SHOWN To FEET (66, E DETAIL "C" IN0T.T0 SCALE) P ARCE` 21 04ER`y � LN16 :01 vas,. 1.". p1,S N0T TANGENT EPSJ0 TO CURVE laPGL EASEMENT DOCUMENTS Op,P Q Q� N0. 45554 ) I HILLCREST 1 2 LOTS 3 OF m N O 0I5T. T.H. 36 R/ ;BLOCK 2 G( S 4 2 5 S-\ p,3 7 1 RUNK LA 0 0 Le -1 CO 10 0 �3s BLOCK 1 11 12 8 13 2 l 14 115 16 BLOCK 10 VACATED 2N0 AVE SOUTH PER 6006 136 OF DEEDS PAGE 300 18 BLOCK 1 4 17 18 - - N B 12306 ° (312305 15 15 14 C) 0 1- O W 16 17 0 13 STILLWATER (9, 17 19 PIV1 1`4 0 Act 10 9 0 13 9 ?3 20 03 T.E. BY PERMIT PARCEL 21 812342 8 PA)C -L 2, 1.0. IN STREET 812327 812418 81235 - u+ • w r 9 N w�'- I� 8 \232 N u, "' I' T.E. PAR. .4,1, I'''lj. > DISTR BUT10N LINE 22 69.56'20" EASEMENT TO NSP 8006 UTILITIES ACCESS 1. 323 PAGE 240 6 241 EASEMENT DOCUMENT N0. 455541 40.30 T.E. BY PERMIT PARCEL 21 T.E. BY PERMIT ,PARCEL 21 PERMANENT DRAINAGE EASEMENT FROM I TO DISTANCE1FT1 AZIMUTH 812328 612348 208.36 63 °43'03"' 812348 812349 93.02 154 047'11" 61232f 612329 17.81 243 °43'03" PL. FROM 812344 8 812345 8 A 111.25 812346 B 812347 B' PERMANE FROM BT2336 81 812419 81 812350 81 812351 BI NON— EXCLUSIVE WHARFAGE PERMIT THIS PERMIT, made this 19th day of March, 2002, by and between the City of Stillwater, a Minnesota municipal corporation ( "City ") and JOHN HENLEY, ST. CROIX SAILING CLUB, ( "Permittee "). WITNESSETH, the City, in consideration of the following covenants, does hereby allow Permittee to temporary wharfage on the St. Croix River. 1. Description of Vessels. A non — exclusive wharfage permit to: 12 -15 Sailboats 2. Description of Mooring Site: Levee adjacent to South Lowell Park 3. Term. This permit will be for the following term: August 24 -25, 2013. 4. Cancellation. The City reserves the right to cancel this Wharfage Permit at any time after 24 hours written notice of cancellation. 5. Fee. Prior to the permit taking effect, the Permittee must pay to the City Clerk a permit fee of S -0- 6. Utilities. Permittee is solely responsible for its own utility charges, including electricity, water, gas and garbage collection. 7. Non — Exclusive. Permittee may use the premises described in common with the public and other boat users and any wharfage fee will not grant any special use or favor to the Permittee beyond the rights of the public, except as specifically granted in the permit. 8. As Is. The City makes no warranty relative to the river and the Permittee takes the same as is and assumes all risks incidental thereto. 9. Hold Harmless and Indemnity. Permittee will indemnify and hold harmless the City from any and all claims or causes of action or damage arising out of the Permittee's activities of the premises, 10. Swimming or Diving Prohibited. The Permittee will not allow any swimming or diving from any moored vessel and will post in a conspicuous place on the vessel a sign for the purpose of warning patrons that must read as follows: "NO SWIMMING OR DIVING WITHIN 100 FEET OF LEVEE." 11. Additional Requirements. The City reserves the right to impose additional restrictions upon the Permittee, if necessary, to protect the health, safety or welfare of the inhabitants of the City. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals the day and year hereinbefore written. CITY OF STILLWATER By Ken Harycki, Mayor and Diane F. Ward, City Clerk PERMITEE: ST. CROIX SAILING CLUB By John Henly Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this 20th day of August, 2013, before me, a Notary Public, within and for said County and State, personally appeared Ken Harycki and Diane F. Ward, to me personally known to be the Mayor and the City Clerk of the City and that the instrument was signed by authority of the City Council. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON Notary Public On this day of , 200, before me, a Notary Public, within and for said County and State, personally appeared JOHN HENLY, the authorized agent of ST. CROIX SAILING CLUB. Notary Public , duly APPROVAL OF NON - EXCLUSIVE WHARFAGE PERMIT BETWEEN THE CITY OF STILLWATER AND JOHN HENLEY, ST. CROIX SAILING CLUB BE IT RESOLVED, by the City Council of Stillwater, MN that the Non - exclusive Wharfage Permit between the City of Stillwater and John Henly, St. Croix Sailing Club, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the permit. Adopted by the City Council of the City of Stillwater this 20`h day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk SANITARY SEWER FUND • Enterprise /Proprietary Fund • Accounted for similar to a small business • Main Funding Source • User Fees • Operational Costs • Capital Costs $3,000,000 52500,000 $2,000,000 81,500,000 51000,000 $500,000 OPERATIONS rrrr 2003' 2004 2005' 2004' 2007 2008 2009 2010 201 • 0p8309ng Revenues • operating Expenses Rate Increases occurred dudng that year 20 91,400,000 91,200,000 91,000,000 $900,000 $600000 $400,000 $200,000 CASH BALANCE . . I . . . . . . . IMMEMMEMEM I . . . . . . . . . I......... 003' 2004 2005' 2009' 2007 2003 2008 2010 201 • Rate Increases occurred during that year 2012 SANITARY SEWER FUND • Met rate increase enee 2006 • Raised rake an average of 3% per year for the last 10 years • • Cash has decreased 55% ($710,000) sines 2006 • During the teal year 2012 One. aof2510,000 • Cash basis mss of $80000 on ay to ay operetta • Major purchasestng In the seas talure (Totaling $890000) • 5 M 145,000 Generators for Lifts Sk•ns teiple, Nelson, Nat -2016 budget proposal • 065.0001 Ton Plctte.O1 Tool 130x/c Mr. - 2014 budgetpropoeal • 9550,000 fetterrru44 • $400000 2 Wet Well8ry wSI Oftett90n•• OPTION #1 Praap 5B d R in oc Total Proposed Rate Base Rate $39.00 $3.00 $42.00 Overage Rate $3.70 $110 $4.30 • Revenue increases approximately 9317,000 per year • Amount derived from the operational loss in 2012 • Impact on a family of • $78.00 /year or 119.s01quarler 8/20/2013 OPTION #2 Base Rate $39.00 3'.00 300 C0 Overage Rate 53.70 590 54.6C • Revenue increases approximately $200,000 per year. • Amount derived from the $80,000 (decrease In cash) & $120,000(1/8 of $960,000 in major capital purchases) • Impact on a family of4 • $58.00 /year or • $14.50 /quarter OPTION #3 MEI Base Rate 939.00 Proposed rea,0 Rate anal Proposed Rate $0.00 $3900 Overage Rate 53.70 $40 $4.10 • Revenue Increases approximately $80.000 per year • Amount derived from the decrease in cash • Impact on a family of • $2400 /year or • $6.00 /quarter RECOMMENDATION Staff strongly( encourages a rate increase for the Sanitary Sewer Fund. • Audit Results • No Rate increase since 2006 • Future funding needs • Operational • Capital Option #1 1 1\la t ec IMF O IRTMELA CE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North August 20, 2013 SPECIAL MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Workshop a) Recreation Center b) MIS c) Community Development /Building Inspections /Parking Ramp d) Legal REGULAR MEETING 7:00 P.M. IV. CALL TO ORDER V. ROLL CALL VI. PLEDGE OF ALLEGIANCE VII. APPROVAL OF MINUTES 2. Possible approval of minutes of July 30, 2013 regular and recessed meeting minutes VIII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 3. Certificate of Appreciation & Presentation of Retirement Plaque — Ken Schmitz (Resolution — Roll Call) 4. Police Department Awards: a. Citizen Commendation: Sarah Norheim, Trenton Estes, Dana Lucker -Milan b. Police Department Letter of Commendation: Sergeant Jeff Stender, Officers Kyle Sykes and Ryan Mitchell, Reserve Officer Jon Burke c. Distinguished Service: Sergeant Chris Felsch, Officer Sandra Vetsch and Officer Ryan Mitchell 5. Conceptual discussion by artist Carly Schmitt of potential public participation art project on Downtown Pedestrian Walkway IX. 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. X. STAFF REPORTS 6. Police Chief 9. Community 11. Finance Director 7. Fire Chief Development Dir. 12. City Attorney 8. City Clerk 10. Public Works Dir. 13. City Administrator 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 -121, directing payment of bills 15. Resolution 2013 -123, resolution approving State of Minnesota Joint Powers Agreements with the City of Stillwater on behalf of its City Attorney and Police Department 16. Resolution 2013 -124, approval and acceptance of 2014 Volunteer Fire Assistance (VFA) Grant Award 17. Resolution 2013 -125, resolution amending Resolution 2013 -12, Fees for Services /Publications Administrative Citations Fine Schedule 18. Possible approval to purchase emergency lighting packet for 1St response engine — Fire Department 19. Resolution 2013 -126, approval of Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J (located at 214 Main Street S) 20. Resolution 2013 -127, Approval of request by Valley Ridge Shopping Center to rescind a previously approved sign variance 21. Resolution 2013 -128, approval of Microsoft Licensing Agreement (3 -year) (available Tuesday) 22. Resolution 2013 -129, amending Resolution 2013 -065, entitled "Amending Section 8 -4 Severance Pay of the City of Stillwater's Personnel Policy 23. Resolution 2013 -130, approval of Joint Powers Agreement of the SWAT Teams serving Washington County 24. Resolution 2013 -131, approval of a resolution recognizing the historic significance of 114 Chestnut 25. Resolution 2013 -132, appointment to Human Rights Commission 26. Resolution 2013 -133, appointment to Board of Water Commissioners XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 27. Case No. 2013 -12. This is the date and time for a public hearing to consider a request from Jon Whitcomb for final plat for a 15 lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 9, 2013. (Resolution — Roll Call) 28. Case No. DR/2013 -38. This is the date and time for a public hearing to consider an appeal of the Heritage Preservation Commission's decision to deny a request for the proposed trash enclosure location located at 101 Water Street North (associated with 127 Water Street South) in the CBD, Central Business District. The proposed location will necessitate the City Council's consideration of the removal of a condition of approval associated with Case No. SUP/94 -39. Chuck Dougherty, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 9, 2013. (Resolution — Roll Call) XIII. UNFINISHED BUSINESS 29. National Guard Armory update XIV. NEW BUSINESS 30. Update on cost and funding mechanisms for Downtown Improvement 31. Possible approval of bids and awarding contract for Downtown Parking Lot improvements (Resolution -Roll Call) 32. Possible approval of a contract for the 2013 -14 CLG grant project to create a self - guided video podcast walking tour of historical houses in Stillwater (Resolution — Roll Call) 33. Possible approval for Washington Avenue storm sewer pipe joints repair 34. Discussion and possible approval of Sanitary Sewer rates (Resolution — Roll Call) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT i 1\' tec THE OIRTMP LA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES July 30, 2013 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:41 p.m. Present: Councilmembers Menikheim, Kozlowski, 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 Administration Secretary Manos OTHER BUSINESS Discussion on use of TIF for reconstruction of Wolf Buildings as a Boutique Hotel Community Development Director Turnblad introduced developers interested in purchasing the Joseph Wolf buildings for use as a boutique hotel and possible brewery. Mark Finneman, architect, provided an overview of the development plans. The goal is to use as much of the existing building as possible. The development includes everything but the corner shop which is under different ownership. The courtyard between the two original buildings will be filled in to provide more guest rooms. There will be valet parking with as many onsite parking spaces as possible. The concept will be presented to the HPC on August 5. Troy Hoekstra, financial consultant, stated that because historic reconstruction is more expensive than new construction, $1.15 million in TIF is being requested. If nothing is done with this property in the next 18 -24 months, it will no longer make economic sense to renovate. The development team is looking at a 37 -room hotel; if they lose more than two or three rooms, it would not work, economically. This is a $9.4 million project. Some form of city, state or federal financial assistance is needed to make the project bankable. City Attorney Magnuson reminded the Council that the developers have not yet submitted a formal proposal or pro - forma. City Council Meeting July 30, 2013 Mr. Hoekstra responded that the developers will be happy to provide pro -forma once they get firm construction costs. Mayor Harycki commented that he would need more information in order to evaluate the request. He continued by stating that he wants to be careful not to subsidize one group while other groups are struggling through conventional financing. Councilmember Menikheim agreed that the project is interesting and he wants more information. He added that the ongoing downtown revitalization will require entrepreneurs who are ready and willing to invest in our downtown. He felt that this project would be beneficial for Stillwater to become more of a 12 -month city. Councilmember Kozlowski stated that it is a great project; he just wants to make sure there is a benefit to providing TIF. City Attorney Magnuson pointed out that these types of development are notoriously risky, so what the City has done historically on bigger projects is create a separate redevelopment district with pay -as- you -go assistance to reimburse for certain expenses. This eliminates risk to the City. Mayor Harycki added that he would like to hear more about the existing structural situation, what is at risk, and felt that a tour would be beneficial. STAFF REPORTS Police Chief Gannaway reminded the Council and audience of Night to Unite, Tuesday, August 6 with events at Washington Square Park. Fire Chief Glaser informed the Council that July has been an active month for fires. Also the Department will conduct live fire training this weekend. Community Development Director Turnblad reported that a soft rollout of the downtown walking tour podcasts of historic properties will be on the City's YouTube channel this summer; two state grants are pending for residential neighborhood walking tours. Public Works Director Sanders reviewed progress on the Corps of Engineers downtown project which is expected to be completed at the end of August, and when completed the parking lots should be reconstructed from Nelson to Mulberry Streets. The parking lot north of Mulberry has raised issues with the MPCA so it has been eliminated from the project and may be constructed in the spring. He indicated that the permit to harvest milfoil on Long Lake was denied by the DNR; algae on McKusick Lake is not that bad right now so there has not yet been any treatment. He also stated that the Brown's Creek Watershed District is beginning work in the annexation area on Morgan Avenue where there are two ponds, one of which needs excavation for sediment, and they have asked the City to cost -share for about $2,300. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to contribute $2,300 for the excavation of the pond. All in favor. City Attorney Magnuson noted that the unit on the corner of the proposed boutique hotel project is his client. If the potential for conflict of interest arises, he will inform the Council. Page 2 of 6 City Council Meeting July 30, 2013 ADJOURNMENT The meeting was recessed at 5:38 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:05 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Staff present: City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Finance Director Harrison Community Development Director Turnblad Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Human Rights Commission Award Presentation - Sara Damon Mayor Harycki read the proclamation commending Sara Damon, H2O for Life/Water for South Sudan. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution 2013 -116, Stillwater Human Rights Award — Sara Damon. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None APPROVAL OF MINUTES Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to approve the July 16, 2013 regular meeting minutes. All in favor. OPEN FORUM Mike Robinson, 801 West Pine Street (The Elephant Walk B & B), commended the Engineering Department on the street improvement project. He asked for more aggressive policing in regard to the problem of motorcycle and vehicle noise in town. Chief Gannaway stated the City has recently begun doing additional motorcycle enforcement. Page 3 of 6 City Council Meeting July 30, 2013 CONSENT AGENDA Resolution 2013 -117, directing payment of bills Board of Water Commissioners Financial Statement Possible approval to purchase of cutting edges for plows Resolution 2013 -118, accepting work and ordering final payment for Main Street Pedestrian Walkway Possible approval to purchase computers — various departments Possible approval of Sanitary Sewer adjustments Resolution 2013 -119, approving estimate for grading of Millbrook Park Ballfield Resolution 2013 -120, approving estimate for Lowell Park Amphitheater grading Councilmember Menikheim requested that the Board of Water Commissioners Financial Statement be removed from the Consent Agenda. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda, without the Board of Water Commissioners Financial Statement. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Councilmember Menikheim commended the Water Board and Department for its excellent service. Motion by Menikheim, seconded by Kozlowski, to accept the Board of Water Commissioners Financial Statement. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Consideration of Chamber of Commerce's request for Downtown studies Mayor Harycki summarized City Administrator Hansen's memo to the Council, in which he recommended against establishing a formal entity such as an Economic Development Authority, Housing Redevelopment Authority, or Port Authority. He continued that the memo went on to state it is the City Administrator's belief that the City could benefit from an advisory group lacking formal power, such as an economic development commission, if it is temporary and authorized for a two -year time period. The memo also stated that the City Administrator agrees that now is an opportune time to plan for changes that Stillwater is about to undergo, but does not recommend awarding a contract for data studies to Buxton as requested by the Chamber. Councilmember Menikheim stated he would like to hear more from each potential vendor to hear these ideas developed further. Page 4 of 6 City Council Meeting July 30, 2013 Councilmember Weidner suggested voting on the request for funding of the Buxton study, since it has been before the Council twice before. Councilmember Menikheim responded that he is not in favor of contracting Buxton for the study, but he would like the staff recommendation to be more objective. He would like to use the next three weeks for Downtown Revitalization Committee and staff to start working together as a partnership. Mayor Harycki commented that staff could be directed to keep progressing on this and come back with some recommendations. He disagreed with Mr. Hansen's recommendation that the committee should be temporary for two years. Councilmember Kozlowski expressed a preference that recommendations to the Council come from a formalized Economic Development Commission. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny the request for funding for downtown studies as previously presented by the Chamber. Menikheim asked that the record note that he is okay with voting in favor of the motion as long as the study is still an open possibility in the work to be done in the next three weeks. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Discussion on RFP for Community Festival Community Development Director Turnblad presented an RFP for a summer community festival. Comments from Councilmembers have been included. He will try to get it distributed this coming week. Councilmembers Kozlowski, Polehna and Weidner agreed that it should include local civic and nonprofit groups. Councilmember Menikheim urged the Council to think of Stillwater as a 12 -month city and that maybe events could take place each season to draw visitors year- round. He views a summer event as a first step. Councilmember Polehna stated he would like to see an event encompass all of Lowell Park. Mayor Harycki asked if there is consensus on whom the event will be marketed to, and Community Development Director Turnblad responded that he intended to concentrate on the greater Stillwater area, but not ignore the metropolitan area. He will reword it as discussed and send it out next week. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Mayor Harycki commended Public Works Director Sanders and the Department on the street projects. Page 5 of 6 City Council Meeting ADJOURNMENT July 30, 2013 Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adjourn the meeting at 7:59 p.m. All in favor. Ken Harycki, Mayor ATTEST: Nancy Manos, Administration Secretary Resolution 2013 -116, Stillwater Human Rights Award — Sara Damon Resolution 2013 -117, directing the payment of bills Resolution 2013 -118, accepting work and ordering final payment for Main Street Pedestrian Walkway Resolution 2013 -119, approving estimate for grading of Millbrook Park Ballfield Resolution 2013 -120, approving estimate for Lowell Park Amphitheater grading Page 6 of 6 City o� HCCwaten, LVl anti ota Centqteate AppneNatHoirt paeseinted to r RESOLUTION 2013 -122 JCen Schmitz WHEREAS, Xen Schmitz, has retired from the Stillwater ,Fire Deyartment, effective July 31, 2013. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, JvUnnesota, that for his dedicated service to the city of Stillwater, .1Cen Schmitz is hereby commended for serving the City faithfully, efficiently and courteously for over 25 years. The Council regrets that he has retiredfrom the Fire Deyartment, but extends to him their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorizedanddirectedto enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Xen Schmitz. Adopted by the City Council this 2oth day of August, 2013. Nire- r NrieW ��,.r ®a�;•r v:r : yFr .mss cSj!llviater City of Stillwater POLICE DEPARTMENT THE .18TN PLACE OF MINNE30T11 Citizcn Commendation The City of Stillwater and the Stillwater Police Department recognizes that Sarah Norheim performed in such a manner as to reflect credit upon the citizens of the City of Stillwater. On 12/21/12 at 2311 hours, Sarah Norheim, Trenton Estes & Dana Lucker -Milan were in a vehicle parked in the area of 229 Main Street South waiting for a friend to get off work. While sitting in the vehicle, they observed a suspicious male lurking in front of Bronze Boutique. As they observed him, he appeared to be trying to gain access to the building. The male eventually picked up a piece of lumber from the adjacent construction site and appeared to be about to break the window with it. When he did so, Norheim turned her headlights on and the male dropped the piece of lumber. They continued to observe the mate until he eventually picked up the lumber again, broke the window and entered the building. They then called 911 and continued surveillance until Stillwater Police Officers arrived and took the male into custody without incident. Due to the observation skills and diligence of Norheim, Estes and Lucker- Milan a burglar was apprehended. The Stillwater Police Department presents these individuals with the Citizen Certificate of Commendation and thanks them for their service to the community. Chief . Poli August 20th, 2013 Mayor SJillvvatet City of Stillwater POLICE DEPARTMENT THE IIITNPLACE Of MINNESOTA Citizen Commendation The City of Stillwater and the Stillwater Police Department recognizes that Trenton Estes performed in such "a manner as to reflect credit upon the citizens of the City of Stillwater. On 12/21/12 at 2311 hours, Sarah Nord elm, Trenton Estes & Dana Lucker -Milan were in a vehicle parked in the area of 229 Main Street South waiting for a friend to get off work While sitting in the vehicle, they observed a suspicious male lurking in front of Bronze Boutique. As they observed him, he appeared to be trying to gain access to the building.` The male eventually picked up a piece of lumber from the adjacent construction site and appeared to be about to break the window with it When he did so, Nordheim turned her headlights on and the male dropped the piece of lumber. They continued to observe the male until he eventually picked up the lumber again, broke the window and entered the building. They then called 911 and continued surveillance until Stillwater Police Officers arrived and took the male into custody without incident. Due to the observation skills and diligence of Nordheim, Estes and Lucker-Milan a burglar was apprehended. The Stillwater Police Department presents these individuals with the Citizen Certificate of Commendation and thanks them for th eir service to the community. August 20th, 2013 Mayor Recom ending'efti er City Coordinator ' ''d7.. ....,.1 iliwater THE EIATHFIACE OF MINNESOTA Citizen Commendation City of Stillwater POLICE DEPARTMENT 4 The City of Stillwater and the Stillwater Police Department recognizes that Dana Lucker -Milan performed in such a manner as to reflect credit upon the citizens of the City of Stillwater. On 12/21/12 at 2311 hours, Sarah Nordheim, Trenton Estes & Dana Lucker -Milan were in a vehicle parked in the area of 229 Main Street South waiting for a friend to get off work. While sitting in the vehicle, they observed a suspicious male lurking in front of Bronze Boutique. As they observed him, he appeared to be trying to gain access to the building. The male eventually picked up a piece of lumber from the adjacent construction site and `'appeared to be about to break the window with it. When he did so, Nordheim turned her headlights on and the male dropped the piece of lumber. They continued to observe the male until he eventually picked up the lumber again, broke the window and entered the building. They then called 911 and continued surveillance until Stillwater Police Officers arrived and took the male into custody without incident. Due to the observation skills and diligence of Nordheim, Estes and Lucker -Milan a burglar was apprehended. The Stillwater Police Department presents these individuals with the Citizen Certificate of Commendation and thanks them for their service to the community. hief of August 20th, 2013 Date Recomm • irficer Mayor City Coordinator • • ' mac,! City of Stillwater POLICE DEPARTMENT Letter of Commendation °N The Awards and Commendations Board of the Stillwater Police Department recognizes that Sergeant Jeff Stender performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. On 6/8/13 at 0929 hours, the Stillwater Police Department was dispatched to an armed robbery in progress at the US Bank in downtown Stillwater. Initial responding officers arrived on scene and arrested the suspect as he was attempting to flee the area. During the course of the arrest and initial investigation, officers learned of a possible explosive device that was used during the robbery and three separate crime scenes located in the downtown area. Sergeant Stender arrived on scene and assisted with the incident command for all three sites. He directed personnel as needed to protect the integrity of each crime scene and interviewed persons involved as needed. Sgt. Stender worked closely with representatives of assisting agencies including the FBI in the lengthy investigation which ensued. We recognize Sergeant Stender for his courage a assi tance during th'- , •tile incident. ds and Commeitdati+ Chief .f Police August 20th, 2013 Supe visor City Coordinator ...._ " \y y 12 - why; a—.5, City of Stillwater POLICE DEPARTMENT The Awards and Commendations Board of the Stillwater Police Department recognizes that performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. The Stillwater Police Department would like to recognize Officer Kyle Sykes for his service with the Washington County SWAT team. Officer Sykes has served both as a Team Member and a Team Lead for the past 10 years. He has proven to be a skilled operator not only with the SWAT team but also in cross- training the officers of the Stillwater Police Department with Swat tactics. His contributions have improved all Agencies that he has worked with greatly over the years. tr THE BIRTHPLACE OF MINNESOTA City of Stillwater POLICE DEPARTMENT Letter of Commendation The Awards and Commendations Board of the Stillwater Police Department recognizes that Officer Ryan Mitchell performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. On 4/3/13 at 1330 hours, Officer Mitchell was dispatched to a possible criminal sexual conduct complaint at 1801 Market Drive. While on scene, he took a statement from the victim who explained that she was accosted by an unknown male and touched inappropriately in the parking lot. Upon collecting the victim's statement, Officer Mitchell reviewed the surveillance footage of the business and was able to determine that the suspect was an employee of that business and ultimately take him safely into custody on scene. He was able to gain an admission from the suspect to doing this to several other victims that had not yet reported the crime. The suspect also admitted to having just been arrested by Roseville Police for the same criminal behavior a few days prior. Due to Officer Mitchell's interview techniques and observation skills, he was abi • link this s • e o several other crimes in a timely manner. rds and ommen do Board Y�. ii•. . (44 ell • (;)<E4eZ Supervisor Et • J • hief of •dl e August 20th, 2013 Date City Coordinator Y 9' f %. • )'1 4 is ' ACd- ',J - • • JlV \V' %v` Ap::.� . �.Si"' -- ., ..: /..�_ �' .;•i -_ .\ �� V ,- •illt���� /.�T•'tlllz'•7:', -'r• , . . �"i: _. «`�,.`��:. .Y ,-6•li. -' .c.� —• �rUr =• --- J`:. ��, •r..n`:;,f�. - c;.-.r :,� 3. .�,�.v,n - ^o.� (: �...� ,r - -- \a !�- „ / � /o\Y l g-D{ G �� i �`7 \" ',-- �•,'. � J I' '- - �/a7 l A '_'�� • n City of Stillwater POLICE DEPARTMENT The Awards and Commendations Board of the Stillwater Police Department recognizes that performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. Jon Burke has served with the Stillwater Police Department Reserve program; volunteering his time for 8 years (2005 - 2013). Mr. Burke has been an invaluable asset to the program and the department as a whole, serving with pride, professionalism and dedication to the department and the citizens of Stillwater. Mr. Burke was a reliable member of the program, often serving as a mentor to new reservists accepted into the program. Mr. Burke will be missed by all members of the department and his service is greatly appreciated. We wish to thank Mr. Burke for all he has done to assist the department with its primary goal of enhancing the quality of life for the citizens and visitors of the City of Stillwat Chairman, Awards and Commendations Board t City of Stillwater POLICE DEPARTMENT The Awards and Commendations Board of the Stillwater Police Department recognizes that performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. On 6/8/13 at 0929 hours, Officers Ryan Mitchell, Sandra Vetsch and Sergeant Chris Felsch were dispatched to an armed bank robbery in progress at the US Bank in downtown Stillwater. Arriving first and alone, Sergeant Felsch quickly spoke with bank employees and collected a description and direction of travel for the suspect who had just exited the bank prior to his arrival. He exited the bank and could see the suspect walking away from the bank on Main Street. Sergeant Felsch then pursued the suspect on foot while continuing to update the responding units. Officers Mitchell and Vetsch arrived in the area and the three officers made a tactical approach and were able to safely take the suspect into custody without further incident. Upon taking the suspect into custody, the officers were informed that the threat of a possible explosive device was used by the suspect to gain compliance from bank staff and that the device was still on scene and unsecured in the bank. In addition, they located the suspect's vehicle parked in the area and learned that he had a room at the Lowell Inn. The officers quickly requested the necessary evacuate all persons in the neighboring buildings from the danger area of all three of these threats. Due to th Vetsch, Mitch and Sergeant Felsch, the suspect was apprehended with no injury or loss of life during this olat Department recognizes these Officers with the Distinguished Service Award for their cour a du sources to secure he bank and and decisive . ctio s of Officers incident. a (water Police ;:_ • �_ - - �-•- _ ; < •.' Yom, ,;. � � ., • �� w,�,C:1i+.� �i- . >'..oJ.�� ,' ._ ...vin ii'M• !AN•`'.l��l.n:'t': !P4.,s' A • City of Stillwater POLICE DEPARTMENT The Awards and Commendations Board of the Stillwater Police Department recognizes that Officer Sandra Vetsch performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. On 6/8/13 at 0929 hours, Officers Ryan Mitchell, Sandra Vetsch and Sergeant Chris Felsch were dispatched to an armed bank robbery in progress at the US Bank in downtown Stillwater. Arriving first and alone, Sergeant Felsch quickly spoke with bank employees and collected a description and direction of travel for the suspect who had just exited the bank prior to his arrival. He exited the bank and could see the suspect walking away from the bank on Main Street. Sergeant Felsch then pursued the suspect on foot while continuing to update the responding units. Officers Mitchell and Vetsch arrived in the area and the three officers made a tactical approach and were able to safely take the suspect into custody without further incident. Upon taking the suspect into custody, the officers were informed that the threat of a possible explosive device was used by the suspect to gain compliance from bank staff and that the device was still on scene and unsecured in the bank. In addition, they located the suspect's vehicle parked in the area and learned that he had a room at the Lowell Inn. The officers quickly requested the necessary resources to secure the bank and of Officers ater Police evacuate all persons in the neighboring buildings from the danger area of all three of these threats. Due to th Vetsch, Mitchell and Sergeant Felsch, the suspect was apprehended with no injury or loss of life during th' Depa entr • cognizes these Officers with the Distinguished Service Award for their cou . gE ft and decisive a incident. T7 ng tpts i • 1. - • . Chair an, , . rds a C mmen.` ati. s Board Chief of Poli August 20th, 2013 City Coordinator '�. J„'� -,F i� ••r: •':77.- ' c.f 'f, tiw,!- . L"i-p :,_1 •F? , # '% d•n4 r+ 1v�•! .r•' � •' ��' ��� '.�fa..l ".:..�'•:;Scy�� \!�',: �..�. ',: i=: e�'., �;�'fZj��w���,'`�;,,rtc:. %`w•v� ,,.�� — r� .r �,.,..•,ww,, .,.� �._, ,_ice -- — �� City of Stillwater POLICE DEPARTMENT The Awards and Commendations Board of the Stillwater Police Department recognizes that Officer Ryan Mitchell performed in such a manner as to reflect credit upon the professionalism of the Stillwater Police Department and its members. On 6/8/13 at 0929 hours, Officers Ryan Mitchell, Sandra Vetsch and Sergeant Chris Felsch were dispatched to an armed bank robbery in progress at the US Bank in downtown Stillwater. Arriving first and alone, Sergeant Felsch quickly spoke with bank employees and collected a description and direction of travel for the suspect who had just exited the bank prior to his arrival. He exited the bank and could see the suspect walking away from the bank on Main Street. Sergeant Felsch then pursued the suspect on foot white continuing to update the responding units. Officers Mitchell and Vetsch arrived in the area and the three officers made a tactical approach and were able to safely take the suspect into custody without further incident. Upon taking the suspect into custody, the officers were informed that the threat of a possible explosive device was used by the suspect to gain compliance from bank staff and that the device was still on scene and unsecured in the bank. in addition, they located the suspect's vehicle parked in the area and learned that he had a room at the Lowell Inn. The officers quickly requested the necessary resources to secure the bank and evacuate all persons in the neighboring buildings from the danger area of all three of these threats. Due to th - and decisiv ons of Officers Vetsch, Mitche nd Sergeant Felsch, the suspect was apprehended with no injury or loss of life during thi otati e incident. tiilwater Police epartment recognizes these Officers with the Distinguished Service Award for their cot ge du ngifh - j,;r ent. n /Cwkrds an ommel�datio -oard • f i August 20th, 2013 Supe visor City Coordinator 7t -i''�i `"'r'!- �"3,�. } Ve e! 1"v; ,u "✓.y"��"<�,1 _ / • l �,Ni �'�, .v^^ ^ St ` '•a A , ')Z `w� �'IM' � ,'e: �` l ' •` "`F.f` ' 7.i. ` V \; , \ .:, .� :v t. : - � 3.h . � �. ; V,1 . L.)n .�• Stillwater F q ' ° . A L E OE Al INNESO T a City Council DATE: August 16, 2013 TO: Mayor & City Council FROM: Bill Turnblad, Community Development Director SUBJECT: Public Participation Art Project Artist: Carly Schmitt INTRODUCTION When the City designed the restroom facility on the pedestrian mall, the river facing wall was built with a recess and structural support necessary to accommodate either a public information center or public art. Carly Schmitt, an artist from Stillwater who is now living in Germany, specializes in "public participation" art. She has worked with a number of cities both in Minnesota and in Germany on art projects that have engaged broad spectrums of those communities. She has been encouraged by City staff to propose a community project for the river facing wall of the pedestrian mall building. She will present concepts to the City Council at the regular Council meeting of August 20, 2013. SPECIFIC REQUEST Consider Carly Schmitt's concept proposal and advise her whether to proceed with formal proposal development. ALTERNATIVES 1. Advise Schmitt to proceed with formal proposal development. If this alternative is chosen by the Council, then she will return this winter with a specific project proposal. 2. Advise Schmitt not to proceed. bt EXHIBIT "A" TO RESOLUTION #2013 -121 LIST OF BILLS 1st Presbyterian Church 3M Ace Hardware Action Rental, Inc. Advanced Disposal Services Amdahl Locksmith, Inc. Chris Ancom Technical Center Applied Air Aramark Uniform Services, Inc Arrow Hockey and Sport Aspen Mills AutoNation Batteries Plus BCA -CJTE Board of Water Commissioner Braun Intertec Corporation Carquest Auto Parts CDW Government, Inc. Century Link Century Power Equipment City View Electric, Inc. Clifton LarsonAllen LLP Cole Papers Comcast Commissioner of Trans County Materials Corporation Curb Masters, Inc. Dermco - LaVine Construction Co. Electric Fire & Security Emergency Apparatus Maintenanc Escape Fire LLC Fastenal Company Fox Amy Frontier Ag & Turf Fury Dodge Chrysler Galls Gopher State One Call, Inc. Grafix Shoppe Guild Art Hardrives Inc. Harris Services LLC Hayford Chanel Hoisington Daniel J.H. Larson Company Jimmys Johnnys, Inc. Park Deposit Refund Barricade shtg Supplies Concrete and mixing trailer C -soil Adjust deadbolt and 6 keys Tech service Electrodes and flame rods Uniform and mats Skates Uniforms Auto parts and supplies Waterproof 12v battery Training Courses July 2013 WAC Charges Professional services Auto parts and supplies Parts Phone Parts and repair Repair Final billing for audit Supplies Internet Book Catch basin, rings and seals Clean, patch and color play equipment at Resurface tennis courts Maintenance agreement Service and inspection invoice 11027 - repair to fire sprinkler Supplies Park Fee Refund Parts Repairs and service Uniforms Tickets Reflective lettering Vinyl banners 2013 Street Project Service Parking ramp reimbursement Professional services Clear lamp Toilet rental 100.00 369.79 451.42 494.94 14,030.98 100.00 114.36 162.91 1,383.77 129.12 1,782.34 759.76 42.74 505.00 2,277.00 1,438.75 1,067.29 184.15 396.44 541.64 337.50 2,086.00 643.69 218.80 20.35 1,260.73 2,215.16 10,400.00 657.00 4,507.13 395.00 43.88 90.00 433.04 314.00 104.97 596.15 183.08 327.04 317,608.10 991.00 5.00 16,350.00 138.42 536.89 Page 1 EXHIBIT "A" TO RESOLUTION #2013 -121 Kath Companies Key Title Inc Kirvida Fire, Inc. KLBB Radio Lake Country Door, LLC Larson Architects League of MN Cities Ins Tr Linner Electric Co. Loffler Companies, Inc. M.J. Raleigh Truck Co. MacQueen Equipment Inc. Margaret Opal Marshall Electric Company Menards Metro Fire Metropolitan Council Metropolitan Mechanical Minnesota Occupational Health Minnesota Wanner Co. Mississippi Welders Supply Co. MN Dept of Labor and Industry MN Pollution Control Agency Modern Heating Municipal Emergency Services NAPA Auto Parts National Award Services, Inc. National Business Furniture Needels Supply, Inc. Nelson Tamara Neopost Great Plains North American Safety Office Depot Performance Plus LLC Peterson Companies, Inc Pioneer Press Professional Wireless Com RiedelI Shoes, Inc. Rose City Sign Company, Inc. Sherwin Williams Software House Int, Inc. Spaulding Mfg., Inc. St. Croix Boat and Packet Co. Standard Spring Parts Staples Advantage Stillwater and Oak Park Heights CVB Stillwater Motor Company Streichers Oil Pay request #5 Final- building completion Repair Live broadcast 4th of July Repair door Design services for South Lowell Park Re Fireworks Repair flourescent lights Maintenance agreement Sand for volleyball courts at Old Athlet Power relay Partial refund of variance fee Install weather proof covers at park Supplies SCBA Flow test Wastewater Charge FD HVAC motor replacem DOT Drug Collection and testing 6.5 hp Honda str shaft Cylinders Boiler Floodwall Reheat coil repair Fire research bulb Auto parts and supplies Bronze plaque Chair Disinfectant Park Fee Refund Mailing system maintenance agreement Marking paint Office supplies Physical abilities test Silt Fence for Flood Project protection EM Basic package Eng Tech Ad Battery Skates Relocate power boxes downtown Paint and supplies Sales tax 4 ton combustion chamber kit July Arena billing Rear shackle kit Copy paper 2nd Qtr Lodging Tax Repairs and service Ball Vest 1,973.98 30,000.00 2,309.81 500.00 251.25 3,047.52 124.00 584.45 2,370.43 1,744.00 96.52 144.71 283.50 2,236.97 81.02 128,356.94 920.63 281.20 518.80 45.78 10.00 125.00 332.50 70.52 415.82 778.43 278.94 201.40 32.00 982.18 210.54 631.47 255.00 1,547.00 594.00 140.94 184.30 12,555.14 569.84 10.86 979.91 50,539.28 588.45 200.97 42,814.80 765.80 1,199.99 Page 2 EXHIBIT "A" TO RESOLUTION #2013 -121 Summit Fire Protection Sun Newspapers SW /WC Service Cooperatives T.A. Schifsky and Sons, Inc. Telemetry and Process Controls Tessman Seed Co. - St. Paul Titan Machinery Toll Gas and Welding Supply Trans Union LLC Tri -State Bobcat, Inc. Tri -State Pump and Controls, Inc. United Refrigeration, Inc. Valley Trophy Inc. Verizon Wireless Washington County Property Records Washington County Recorder Wheelco Truck and Trailer Parts Wingfoot Commercial Tire Wittman Abbi Jo WS & D Permit Service WSB & Associates, Inc. Zayo Enterprise Networks,LLC JULY MANUALS US Bank Postmaster Richard H Pfister Long Lake Villas Ltd Partnership Lake Elmo Bank Bridgewater Bank CREDIT CARDS Larry Hansen Comcast Stuart Glaser MN GFOA Library CC Amazon.com Cub Foods Spangler Steve Fire sprinkler inspection Publications Retiree Health Insurance & COBRA Asphalt Mid Oaks Lift Station Repair Grass seed Wiper arm and blade Cylinders Information charges Parts Parts Core freeman casting 9x12 walnut engraving Mobile broadband TIF 1st half 2013 Supplies Long stroke cha & auto slack kit Tires Reimburse mileage for inspections Refund of bldg permit fee Professional services Phone Lofts of Stillwater 1st Half 2013 3rd Qtr Utility Billing Postage Long Lake Villas 1st half 2013 Long Lake Villas 1st half 2013 Curve Crest Villas 1st half 2013 Curve Crest Villas 1st half 2013 Internet Seminars and meeting Library materials Meeting expenses Program supplies 345.00 153.01 63, 661.18 5,276.09 1,483.39 3,418.29 272.72 266.57 20.00 947.62 655.14 546.15 100.12 468.52 35.00 142.00 287.69 5,999.01 11.00 122.60 1,297.00 490.52 136,238.74 2,658.62 9,671.67 29,475.06 16,086.25 16,086.25 191.68 215.00 241.50 62.04 89.96 Page 3 EXHIBIT "A" TO RESOLUTION #2013 -121 LIBRARY Ace Hardware Ara ma rk Baker & Taylor Brodart Brookside Plumbing Culligan Demco Embury Ltd. Menards Midwest Tape Minnesota Elevator Ristow Lisa Scholastic Security Response Stripe a Lot Sun Newspapers Washinton County Library Xcel Energy Janitorial Supplies Rug & towel service Library materials Library materials Eyewash station Water Minor equipment Coat rack Janitorial supplies Audiovisual materials Maintenance contract Janitorial Supplies Reward books Maintenance contract Stripe for Parking Want ad Various Utilities 51.91 62.37 489.49 3,480.21 350.00 44.80 282.06 186.01 11.75 929.97 1,416.00 34.86 200.00 155.67 500.00 53.57 633.68 4,996.75 Page 4 RESOLUTION 2013 -123 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF STILLWATER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Stillwater on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Stillwater on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Police Chief, John Gannaway, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Police Captain is appointed as the Authorized Representative's designee of the Police Department. 3. That the City Attorney, Magnuson Law Firm (David Magnuson) or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That the City Administrator, or his or her successor, is designated the Authorized Representative for the City. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Ken Harycki -, the Mayor for the City of Stillwater, and Diane F. Ward, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Adopted by the Stillwater City Council this 20th day of August, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk SWIFT Contract # 66963 MN082011A STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Stillwater on behalf of its Prosecuting Attorney ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and infoiination from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 1 SWIFT Contract # 66963 MN082011A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn/ 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https: / /sps.x. state. mn. us / sites/ bcaservicecatalog/default.aspx. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the teinus of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk @state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. 2 SWIFT Contract # 66963 MN082011A If Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Depaitment of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Larry D. Hansen, City Administrator /Treasurer, 216 North Fourth Street, Stillwater, MN 55082, (651) 430 -8801, or his /her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed an approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 3 SWIFT Contract # 66963 MN082011A 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. 4 SWIFT Contract # 66963 MN082011A 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. 5 SWIFT Contract # 66963 MN082011A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Name: (PRINTED) Signed: Date: SWIFT Contract number 2. AGENCY Name: (PRINTED) Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 6 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Signed: Title: (with delegated authority) Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ( "Subscriber Amendment ") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ( "BCA ") and the City of Stillwater on behalf of its Prosecuting Attorney ( "Agency "), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ( "Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 66963, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement "). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized, by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Amendment. Any party may terminate this Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Defmitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP /IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended form time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. Office. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and /or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of a Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or 3 other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. Subscriber's access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self - regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and /or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Agreement, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub - section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its 5 licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if 6 Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and /or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. 7 d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 8 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy -two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON - WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions 9 of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. Name: (PRINTED) Signed: 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: (PRI NTED) Signed: Title: Date: (with delegated authority) SWIFT Contract No. Date: 2. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Signed: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: 5. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: Signed: Name: (PRINTED) Signed: Title: (with delegated authority) Date: Title: (with authorized authority) Date: 10 APPROVAL & ACCEPTANCE OF 2014 VOLUNTEER FIRE ASSISTANCE (VFA) GRANT AWARD BE IT RESOLVED by the City Council of Stillwater, MN that the acceptance of the grant from the Minnesota Department of Natural Resources for 2014 Volunteer Fire Assistance (VFA) Grant, as on file with the City Clerk is hereby approved and that the Mayor and City Clerk are authorized to execute the agreement on behalf of the City of Stillwater Adopted by the Stillwater City Council this 20th day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Vendor No.0000199155 Contract No.664)04 PO Number3000043468 1000/R2933719/R293008 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division or Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744 ( "State ") and STILLWATER FIRE DEPT, 216 N 4 ST, STILLWATER MN 55082 ( "Grantee "). Recitals 1 Under Minn. Stat. 84.085 authorizes the Commissioner of Natural Resources, on behalf of the State, to accept and use grants of money for the United States or other grantors for conservation purposes not inconsistent with the laws of this state and in accordance with the purposes of the grant and applicable Federal and State laws and authorizes the Commissioner to make sub -grants of any money received to other agencies, units of local government, and private nonprofit corporations; and Minn. Stat. 88.067, as amended in Laws of Minnesota 2000, Chapter 231, Section 113, may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. The commissioner may require a local match for any grant. Grantee is a governmental unit and or is a fire fighting entity located in a rural area; and the State is empowered to enter into this grant. 2 The State is in need of fire department assistance to suppress wildland fires. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: This grant will cover expenses beginning July23, 2013 although no payments can or will be made until the grant is fully executed and as date signed by the Minnesota Commissioner of Natural Resource or his delegate under Minnesota Statutes Section 16C.05, subdivision 2 1.2 Expiration date: Work on this project must be completed on or before June 1, 2014. The State is to be invoiced on or before June 15, 2014 or the contract will be canceled without further notification. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 1. Complete work specified in the Project Proposal attached hereto as Exhibit A. This Project Proposal shall be a part of this grant. Highest priority is indicated in the office use only box of Exhibit A; however, any of the listed projects or a combination of the listed projects on Exhibit A, may also qualify for this grant with written approval from the State of Minnesota. 2. Insure all equipment acquired through this grant must be used solely for prevention, suppression and control of fire. 3. Report GPS locations of dry hydrants or water facilities constructed under this grant to Kristie Prahl, Rural Fire Programs Assistant, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Grant (Rev. 09/11) 1 Vendor No.0000199155 Contract No.66004 PO Number3000043468 1000/R2933719/R293008 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: Compensation. The Grantee will be paid in the amount not to exceed $700.00, based on the following computation: The State shall reimburse Grantee for up to 50% of the reasonable net cost of items purchased or expenditures made, in accordance with the approved project proposal. This reimbursement shall not exceed the total amount of this grant. (1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00 provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (2) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $700.00 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and upon completion by June 15, 2013. (2) Federal funds. This section does not apply. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Tim Oland, Rural Fire Programs Coordinator, DNR Forestry, 402 Southeast Eleventh Street, Grand Rapids, Minnesota 55744, 218 - 327 -4373 or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is the Fire Chief at (651) 351 -4963. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. . 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant (Rev. 09/11) 2 Vendor No.0000199155 Contract No.6004 PO Number3000043468 1000/R2933719/R293008 grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all fmal reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2. Intellectual Property Rights Intellectual Property Rights Not Applicable. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, Grant (Rev. 09 /11) 3 Vendor No.0000199155 Contract No.66 ©04 PO Number3000043468 1000/R2933719/R293008 informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: a) It does not obtain funding from the Minnesota Legislature. b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Grant (Rev. 09/11) 4 Vendor No.0000199155 Contract No.66004 PO Number3000043468 1000/R2933719/R293008 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. ' 16A.15 and 16C.05. Signed: 3. STATE AGENCY By: (with delegated authority) Title: Date: 7/25/2013 Date: SWIFT Contract/PO No(s).66004 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: Agency Grantee STILLWATER FIRE DEPT State' s Authorized Representative - Photo Copy Grant (Rev. 09/11) 5 RURAL FIRE DEPARTMENT VOLUNTEER FIRE ASSISTANCE (VFA) MATCHING GRANT PROJECT PROPOSAL Complete Mail or email to: Kristie Prahl MN Interagency Fire Center 402 SE 11th Street Grand Rapids, Minnesota 55744 kristie.prahl(a,state.mn.us (218) 327 -4572 4 POSTMARKED NO LATER THAN .. JUNE 1, 2013+ Fire Department: 3 l\ c,—)c,- r 4 tr-e___ Name & Title of person filling out form: ovv-IT , i i; czy, De tr.k. Fi.� ( I, ',Li:- ,pt_. Official FD Mailing Address: zit., b y ST , i I k-i-er W1 .) 5-08 ?- Telephone: FD e-mail: Day: 6,5-1- 351 -'qi S 1 Night: (0%--1 -1-1s---1 7 9 v Cell: SRn. .A 5 i4A'"e Fire Hall: (,,,--1.- 35-1 —(4 9 s—o City, State, Zip: Excess Property Equipment Conversion 1. Population directly benefiting from the project: Z'-/ 5—c) CD 2. Fire Department's protection area (square miles): (o (excluding mutual aid area) 3. Number of fire incidents for the previous year: wildland L 1. structural 20 other Z8 4. Does the department participate in a Community Wildfire Protection Plan? Yes K No 5. Fill in the estimated total cost of the project(s) with the dollar amount. $ Wildland Personal Protective Equipment $ Hose, nozzles, water movement items $ Excess Property Equipment Conversion $ Radios /pagers $ p -/ o0 Wildland equipment $ Breathing apparatus $ Foam unit $ Structural Turnout Gear $ Slip -on -unit $ Cascade system $ Pumps $ Structural Equipment (be specific) $ Dry Hydrant or water storage system $ $ Other miscellaneous projects (please describe) Fire Department Chief's Signature: Date: 2, OFFICE USE ONLY: GRANT APPROVED UP TO $ 7a a0 PRIORITY IS FOR /) /LO L4-%YJ) //E/r5 APPROVAL/DATE: 7/0/0 CONTRACT NUMBER 6,0,59 1 Modred Project: Approval/date: Exhibit A RESOLUTION AMENDING RESOLUTION 2013 -12, 2013 FEES FOR SERVICES/PUBLICATIONS ADMINISTRATIVE CITATIONS FINE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2013 -12 entitled "2013 Fees for Services/Publications Administrative Citations Fine Schedule on January 2, 2013 which included rates for the St. Croix Recreation Center; and WHEREAS, the City's Park and Recreation Commission reviewed proposed rate increases effective for the 2013 -2014 seasons at their March 25, 2013 meeting and has been reviewed by the City Council. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that Resolution 2013 -12 is amended to reflect the following rates for the St. Croix Recreation Center: Recreation Center Ice Lily Lake Ice Full Field House Half Field House Outdoor Field Prime Time $185.00/hour $180.00/hour $270.00/hour $170.00 /hour $20.00 /hour Open Skating and Open field Rate $4.00 /child Non Prime Time $ 160.00/hour $160.00/hour $200.00/hour $150.00/hour $20.00 /hour $5.00 /adult Adopted by the Stillwater City Council this 20th day of August. ATTEST: Diane F. Ward, City Clerk Summer Ice $150.00/hour $150.00/hour $200.00/hour $150.00 /hour $20.00 /hour Ken Harycki, Mayor CITY OF STILLWATER PARKS AND RECREATION COMMISSION MARCH 25, 2013 Present: Chairman Linda Amrein, Don Stiff, Sandy Snellman, David Brandt, Scott Christensen (arrived at 7:15), Solveg Peterson (arrived at 7:15) Absent: Commissioners Rob McGarry, Council Liaison Mike Polehna Staff present: Public Works Superintendent Tim Moore Guest: Doug Brady Approval of Minutes - Snellman indicated Peterson had arrived after roll call and should be listed as present. Motion by Snellman, seconded by Brandt, to approve the February 25, 2013 minutes with the addition of Solveg Peterson as present. All in favor. OPEN FORUM - There were no public comments. ACTION ITEMS 2013 -2014 St. Croix Valley Recreation Center and Lily Lake Arena Facility Usage Rates Mr. Brady explained the request to increase the rates for the Recreation Center, Lily Lake Ice Arena and the Recreation Center Field House, effective September 15, 2013. The rates have not been raised since 2010. Heating and electricity bills for the dome have dropped to almost half what they were. Repair costs have increased due to aging equipment and increased maintenance. The maintenance contract provides that St. Croix Boat & Packet receives 5% of gross revenue with $35,000 maximum. These amounts have never changed. When the refrigeration and rink floor at Lily Lake were replaced, Mr. Anderson of St. Croix Boat & Packet donated about $10,000 of flooring which is in process of being laid now. Moore noted that Mr. Brady and his crew did almost all the work at Lily Lake and it turned out well and saved the City a lot of money. Motion by Brandt, seconded by Stiff, to recommend the rate increase as requested. All in favor, 6 -0. River Rumble Canoe Event Moore reported that the City has been approached by a group from Iowa that paddles one or two rivers in the Midwest every year. This year they will be paddling the St. Croix River and have requested an area to camp in Stillwater on the night of July 31. There will be around 130 people and they are requesting bathroom and shower facilities, ice and food. The City does not allow camping in city parks; however on May 23, 2011 the Parks and Recreation Commission approved a similar one -time event at Kolliner Park to celebrate the 100th anniversary of the St. Croix River Association. That group was much smaller in size and did cleanup of the area around Kolliner Park. He will suggest they visit the site if they decide to apply for a permit to hold the event. STAFF REQUEST ITEM Department: Fire Date: August 8, 2013 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase updated emergency lighting package for first response engine. Current lighting configuration is failing and has become a safety issue for responders. Emergency lights are not working or shutting down when responding to incidents and creating a significant safety issue for the crews. In addition, the older strobe light configuration is expensive to repair and it is getting very difficult to find replacement parts due to the industry conversion to LED lighting. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Purchase a variety of LED compliant emergency lights to replace and update the required emergency lighting configuration of our emergency vehicle. Funds for this purchase are available from the F.D.'s Capital Equipment Account. Total request is for $7,500.00. 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. /1 Submitted by: Stuart W. Glaser, Fire Chief Date: August 8, 2013 0-trit"-a. (4\61 Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: August 9, 2013 Re: New — Consumption & Display Permit — The Loft at Studio J A Consumption & Display Permit liquor license application from The Lot at Studio J LLC., dba: The Lot at Studio J has been received. The licensed premises is located in the loft of 214 Main Street S. Establishments issued this permit must follow the same liquor laws /rules /ordinances as any other liquor establishment within the City. Approval for the approval for the permit /license should be contingent upon approval by Police, Finance, Fire, Building Departments, Washington County Department of Health and Minnesota Liquor Control. ACTION REQUIRED: If Council desires to issue the Consumption & Display Permit they should pass a motion to adopt Resolution entitled "Approval of Consumption & Display Permit (Liquor) for The lot at Studio J LLC; DBA: The Loft at Studio J. ". APPROVAL OF CONSUMPTION & DISPLAY PERMIT (LIQUOR) FOR THE LOT AT STUDIO J LLC; DBA: THE LOFT AT STUDIO J WHEREAS, an application has been received for a Consumption & Display Permit (Liquor) for The lot at Studio J LLC; DBA: The Loft at Studio J located in the loft of 214 Main Street S, Stillwater, MN; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of the Consumption and Display Permit (Liquor) conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, Washington County Department of Health and Minnesota Liquor Control. Adopted by Stillwater City Council this 20th day of August, 2013. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk T H E B I B T H P L A C r 01- M I N E S O CITY COUNCIL DATE: August 14, 2013 APPLICANT: Kriss Novak, True North Investments, owner of Valley Ridge Mall REQUEST: Consideration of a Resolution rescinding Planning Case No. V/87 -17 ZONING: BPC — Business Park Commercial COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Plannej REQUEST Mr. Kriss Novak, owner of Valley Ridge Mall, is requesting the Council to consider rescinding the Order granting variances in Planning Case No. V/87 -17. The variances were to the sign code permitting more than one nameplate sign and one business sign per lot frontage at 1570 West Frontage Road. APPLICABLE HISTORY AND REGULATIONS Prior to the City's adoption of the current Section 31 -509, Sign regulations, the City approved a variance request for the River Heights Mall, now commonly known as the Valley Ridge Mall. The variance authorized individual tenants to have more than one business sign. Additionally, a sign plan was attached to the variance prior to being recorded against the property. Variances, once approved, are applicable to the subject property indefmitely. The current sign regulations of the city require multi - tenant structures in the BP- business park district to submit sign plans for approval by the HPC. Although a new sign plan for Valley Ridge Mall was approved by the HPC in 2003, the Variance Order was neither amended nor rescinded and the sign plan was not consistent with the recorded Variance Order. On August 5, 2013 the HPC approved a revised master sign plan (DR/2013 -42B). The plan allows for the appropriate use of signage, and granted multiple signs for certain tenants. But, the total amount of signage area is dramatically reduced compared to the 1987 variance. It is acknowledged by the HPC, landowners and City staff, that the revised master sign plan is inconsistent with the Variance Order, and that the proper remedy is to rescind the Variance Order. Given this, the property owner is requesting the Council to consider revocation of the Variance Order associated with Planning Case No. V/87 -17 and the original sign plan attached to that variance. RECOMMENDATION Staff recommends adoption of the attached resolution. ATTACHMENTS Planning Case No. V87 -17 Resolution aa` The above entitled matter came on to be heard before the City Council for the City of Stillwater on the 5th day of May , 19gL, on a request for a variance pursuant to the City Code for the following described property: 54857 STATE OF MINNESOTA CITY OF STZLLWATER In the Matter of the Planning Case No. y1R7 -17 REQUEST BY RIVER NFT(jTS NAM Owner CITY COUNCIL VARIANCE PROCEEDINGS ORDER GRANTING VARIANCE • Lot 1 and that part of Lot 2 - dock 4 - lying Wly of line par to and 100 ft. Ely of W line of Lot 2, Stillwater Industrial Park. Purpose: Variance for more than one nameplate sign and one business sign per lot frontage at 1570 West Frontage Road. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a variance be granted upon the following conditions: (If no conditions, state "None "), SEE ATTACHED LIST OF CONDITIONS. Dated this day of Mayor y14. STATE OF MINNESOTA) COUNTY OF WASHINGTON) CITY OF STILLWATER) OFFICE OF THE CITY CLERK I, Mary Lou Johnson, City.Clerk, for the City of Stillwater, Minnesota, do hereby certify that I have compared the foregoing copy and Order Granting Variance with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the while thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand and the Seal of the City of Stillwater, Minnesota, in the County of Washington, on then flay of �`"r.0 i=1 1V1. j' DRAFTED BY: David T. Magnuson City Attorney Suie 203, The Grand Garage 324 South Main Street Stillwater, MN 55082 077V11 MO 11 BM In=e4tWRV7lAtOMIM PO SW ret fV,1CVO X7tISif17!MVEY!IS.YoltevLUl!: 1: ;AV iACOr∎1•;fF M AfR9i135: WY& WOaltar:O."• -mall itglynxaarorp route roc r- rmeavcr_-ow.. •• • - • ( r -4 CONDITIONS OF APPROVAL CASE NO. V/87 -17 1. River Heights Plaza exterior signage shall consist of store identification only. Copy shall be restricted to the Tenant's proper names and major product or service offered. Corporate logos, emblems, Shields and similar identifying devices shall be permitted provided they are confined within the signage panel. 2. Al) Signs shall be located in the designated sign band area assigned by the Landlord. 3. All signage is to consist of individual illuminated letters with a maximum height of 24" and a minimum height of 10 ". Descenders shall not exceed 5 ". 4. Neon must be double --row for even illumination, 5. All neon must have 30 M.A. transformers. Argon gas (white, blues and greens) must have 60 M.A. transformers. 6. All signs must have an 18" margin on each side of their allotted sign band in Phase 1 with Phase II having 12" margins on both sides. 7. All letters must be constructed of aluminum. Sides may be painted to match the letter face. 8. Letter faces shall consist of 3/16" plexiglas. Color choices by Tenant. 9. All letters must be constructed to U.L. standards and must be U.L. approved. 10. All signs for each Tenant, will be furnished, paid for and properly maintained by said Tenant. 11. Tenants or their representative must submit three drawings for all proposed sign work to the Landlord for approval clearly detailing the proposed sign and specifying the color selected. The Landlord will return one signed set upon approval. If a sign should be disapproved, the Landlord shall provide a written explanation. 12. The following is not permitted and is expressly prohibited: a. Signs with exposed neon, fluorescent tubing or exposed lamps. b. Signs with flashing, blinking, moving, flickering, animated, audible effects or types. c. Printed signs on storefronts or windows. d. Paper signs, stickers, banners or flags. I i CONDITIONS - CONTINUED CASE NO. V187 -17 e. Exposed raceways, ballast boxes or electrical transformers. f. Exposed sign illumination or illuminated sign cabinets or modules, g. Painted signs on the exterior surface of any building, h, Signs located at or on the side or rear of any building except where the premises contains a customer service entrance opening directly onto parking areas and except for small identifying signs to facilitate deliveries, in accordance with Landlord's standard sign format for rear and service corridor doors. No other signs will be permitted. i. Roof top signs. J. Sign boxes except for the West end of the mall building. k. Exterior illumination of signs from mall ceilings. 13. Exterior signs on the strip portion of the mall from Grid 10 to Grid 20 shall be limited to 2' x 20' maximum. Maximum area 40 square feet. See Exhibit 1. 14. Interior signs shall be limited to 2' x 50' maximum. Maximum area 100 square feet. See Exhibit 2. 15. Exterior signs on the enclosed mall, Phase 1 and Spaces H, 1, 2, 3 and G, shall be limited to 2' x 30' maximum. Length to be determined by Owner or Owner's representative. See Exhibit 1. 16. Exterior signage may not be available to all tenants in Phase 1 or Spaces H, 1, 2, 3 or G. This will be determined by the Owner or the Owner's representative. 17. Any variations to the above reference standards shall be approved by the owners prior to any action by the tenant. 18. All signage must meet City codes and approved sign program for the River Heights Plaza Center. Any exceptions shall require a variance from the City. 19. Exterior signs on the enclosed Mall Phase 1 will have 18" margins maintained on both sides of the signage. Exterior signs on Phase II will have 12" margins maintained on both sides of the signage. • • EXHIBIT 1 TENANT SIGNAGE (MAXIMUM) (1) West End (2) 14x4 ft. Sign Area (2) South Elevation (2) 30x2 ft. Sign Area West of Entry (1) 20x2 ft. Sign Area (3) South Elevation (6) 20x2 ft. Sign Area East of Entry (1) 30x2 ft. Sign Area (4) East Strip (2) 20x2 ft. Sign Area Elevation (5) South Strip (8) 16x2 ft. Sign Area Elevation (1) 21x2 ft., Sign Area (6) West Strip (2) 20x2 ft. Sign Area Elevation (1) 21x2 ft. Sign Area (7) South End • (2) 19x2 ft. Sign Area Elevation (1) 16x2 ft. Sign Area Where signage may be excLnsive for a tenants particular'needs, and where ,the margins have been maintained, and where Landlords approval has been given, signage may be divided in half so as to provide signage to tenants who did not previously have allocated sign area. This will not increase the above allocated total square feet of signage for the mall. RESOLUTION 2013- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION RESCINDING ORDER GRANTING VARIANCES FOR VALLEY RIDGE MALL AT 1570 WEST FRONTAGE ROAD CASE NO. V/87 -17 WHEREAS, on May 5, 1987 the City Council approved Planning Case No. V/87 -17 (hereinafter called "V/87 -17 ") granting variances to River Heights Mall, commonly referred to as Valley Ridge Mall (hereinafter called "Mall ") and located at 1570 West Frontage Road, legally described as Lot 1 and that part of Lot 2 — Block 4 — lying Westerly of a line parallel to and 100 ft. Easterly of West line of Lot 2, Stillwater Industrial Park; and WHEREAS, an Order granting variances in Case No. V/87 -17 was recorded with Washington County as Document No. 548872, authorizing more than one nameplate sign and one business sign per tenant at the Mall; and WHEREAS, The Heritage Preservation Commission (hereinafter called "HPC ") reviewed and approved multi- tenant sign plan proposals submitted by the Mall on July 7, 2003 and August 5, 2013; and WHEREAS, the HPC's approved sign plans conflict with and are more restrictive than the provisions set forth in the Order granting variances in Case No. V/87 -17; and WHEREAS, the owner of the legally described property agrees with the HPC approvals of July 7, 2003 and August 5, 2013 and further agrees that the Order granting variances in Case No. V/87 -17 should be rescinded. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby rescinds the City of Stillwater Planning Case No. V/87 -17, recorded as Document No. 548872 with Washington County. Enacted by the City County of the City of Stillwater, Minnesota this 20th day of August, 2013. ATTEST: Diane Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor AMENDING RESOLUTION NO. 2013-065, AMENDING SECTION 8 -4 SEVERANCE PAY OF THE CITY OF STILLWATER'S PERSONNEL POLICY BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that Section 8 -4 — Severance Pay shall be added and to read as follows: All non -union employees, except those who may lawfully "opt out ", must contribute 100% of their unused sick pay severance to the City sponsored post - employment health care savings plan. In all other ways, the City's Personnel Policy shall remain in full force and effect. Adopted by the City Council this 20th day of August, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk APPROVAL OF JOINT POWERS AGREEMENT OF THE SWAT TEAMS SERVING WASHINGTON COUNTY BE IT RESOLVED, by the City Council of Stillwater, MN that Joint Powers Agreement between the SWAT Teams Serving Washington County and the City of Stillwater for establishing a highly trained and skilled tactical team in Washington County, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 20th day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk JOINT POWERS AGREEMENT OF THE SWAT TEAM SERVING WASHINGTON COUNTY Article 1 Enabling Authority THIS AGREEMENT is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as "Parties ", and individually as "Party" which are signatories to this "Agreement." Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties; and Minnesota Statutes, Section 626.76 provides that any appointive or elective agency or office of peace officers as defined in subdivision 3 may establish rules or regulations and enter into agreements with other agencies and offices for: (1) assisting other peace officers in the line of their duty and within the course of their employment; and (2) exchanging the agency's peace officers with peace officers of another agency or office on a temporary basis. Additionally, the agency or office may establish rules and regulations for assisting probation, parole, and supervised release agents who are supervising probationers, parolees, or supervised releases in the geographic area within the agency's or office's jurisdiction. Subd. 2. Assistance. (a) When a peace officer gives assistance to another peace officer, or to a parole, probation, or supervised release agent, within the scope of the rules or regulations of the peace officer's appointive or elected agency or office, any such assistance shall be within the line of duty and course of employment of the officer rendering the assistance. (b) When a peace officer acts on behalf of another agency or office within the scope of an exchange agreement entered into under subdivision 1, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing agency. Subd. 3. Peace officer. For the purposes of this section, "peace officer" means any member of a police department, State Patrol, conservation officer, sheriffs office, or any other law enforcement agency, the members of which have, by law, the power of arrest. Subd. 4. No enlargement of duties. This section shall in no way be construed as extending or enlarging the duties or authority of any peace officer or any other law enforcement agent as defined in subdivision 3 except as provided in this section. In consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes, Sections 471.59, 626.76, and all other applicable statutes, rules and regulations, the following Parties: 1 Washington County Sheriff's Office Bayport Police Department Cottage Grove Police Department Forest Lake Police Department Newport Police Department Oak Park Heights Police Department St. Paul Park Police Department Stillwater Police Department Woodbury Police Department hereto agree as follows: Article 2 Purpose The Parties desire to establish a highly trained and skilled tactical team whereby they may jointly exercise powers common to law enforcement on issues requiring: 2.1 A response to critical incidents, including but not limited to, hostage, barricade, and sniper situations, high -risk apprehension, high -risk warrant service, personal protection, and special assignments 2.2 A coordinated and formal framework for membership and personnel commitments, overall operations, resources available, general management, and liability issues. 2.3 Provide other similar or related services and programs as determined by the Board. 2.4 Establish procedures to add qualifying Parties to this Agreement. 2.5 Establish a mechanism whereby additional and/or alternative programs and services may be developed for the benefit of the Parties and in furtherance of the objectives of the Parties. Article 3 Name The name of this entity shall be the Washington County Special Weapons and Tactics Team (SWAT). 2 Article 4 Governance 4.1. Governing Board. A governing board shall be formed to oversee the operation of the SWAT and shall be known as the Chief Law Enforcement Officer's Board (C.L.E.O.). This board will be comprised of the Washington County Sheriff, the Woodbury Public Safety Director, the Cottage Grove Public Safety Director and a CLEO representing the other agencies, or their respective designee. 4.2. Meetings. The Board shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law). 4.3. By -Laws. The Board may adopt bylaws to govern its operations. Such bylaws shall be consistent with the Agreement and applicable law. 4.4. Amendments. This Agreement may be amended from time to time as deemed necessary. Article 5 Powers of the Board 5.1. General Powers. The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in this Agreement or in the bylaws. 5.2. Specific Powers. 5.2.1. Contracts. The Board may enter into contracts necessary for the exercise of its duties and responsibilities to govern the SWAT. The Board may take such action as is necessary to enforce such contracts to the extent available in equity or at law. Contracts let and purchases made pursuant to this Agreement shall conform to the requirements applicable to contracts required by law (i.e. fiscal management, personnel management). 5.2.2 Expenses. The Board may incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers, within its approved budget. 5.2.3 Annual Budget. The annual budget consists of funds received from local law enforcement agencies, state grants, and Washington County. The SWAT budget will be approved by the Chief Law Enforcement Officer's Board. 3 5.2.4. Insurance. The Board shall obtain liability, property and auto insurance and may obtain such other insurance it deems necessary to indemnify the Board and its members for actions of the Board and its members arising out of this Agreement. 5.2.5. Officer assignments. The Board shall have the power and authority to determine guidelines, expectations and procedures of a Party's assigned officer and a Party's agency. Article 6 Indemnification and Hold Harmless 6.1. Applicability. The SWAT shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The SWAT shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466. 6.2. Indemnification and Hold Harmless. The SWAT shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board and /or employees and/or the agents of the SWAT. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 466.04. To the full extent permitted by law, actions by the Parties pursuant 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 purpose of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Any excess or uninsured liability shall be borne equally by all the Parties, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 4 Article 7 Term This Agreement shall commence upon approval of the governing body of each Party and signature of the official with authority to bind the entity listed in Article 1. The Agreement shall be in effect only with respect to the Parties who have approved and signed it. This Agreement is for Calendar Year 2013 and shall continue thereafter with those Parties who do not withdraw from the SWAT. Article 8 Withdrawal and Termination 8.1 Withdrawal. A Party may withdraw from the SWAT by notifying the Chair in writing, providing a 120 day notice of said intention. 8.2. Effective Date and Obligations. Withdrawal shall be effective on the date approved by the Party and Board Chair. A withdrawing Party may reclaim any equipment it initially contributed to the SWAT when it first joined the team. The withdrawing Party is not entitled to a refund of any budget monies for that current year. In addition, the withdrawing Party is not entitled to any assets, which had been purchased through the combined SWAT budget process. 8.3 Removal of Officer. When, and if, an assigned Officer is removed from the SWAT, all SWAT equipment shall be promptly returned to the SWAT. 8.4. Termination. This Agreement shall remain in force until more than 50 percent of the Chief Law Enforcement Officer's Board members vote to terminate the Agreement and have received approval, for the Agreement termination, from their respective city /county board. The termination date for this Agreement will take effect 120 days after the date of the vote. 8.4.1 Effects of Termination. Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement. 8.4.2 Financial obligations shall continue until discharged by law, this Agreement or any other agreement. 8.4.3 Property acquired by the SWAT will be dispersed according to the process outlined in the bylaws. 5 Article 9 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Washington County Sheriff who will maintain them at Washington County Law Enforcement Center. IN WITNESS WHEREOF, the Parties, by action of their governing bodies, or their authorized designees, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. Washington County Approved as to form and execution: County Attorney/Date By Chair of Board Date of Signature Attest Clerk to Board 6 Bayport Approved as to form and execution: City Attorney /Date By Mayor Date of Signature Attest Clerk to Board 7 Cottage Grove Approved as to form and execution: City Attorney/Date By Mayor Date of Signature Attest Clerk to Board 8 Forest Lake Approved as to form and execution: City Attorney /Date By Mayor Date of Signature Attest Clerk to Board 9 Newport Approved as to form and execution: City Attorney /Date By Mayor Date of Signature Attest Clerk to Board 10 Oak Park Heights Approved as to form and execution: City Attorney/Date By Mayor Date of Signature Attest Clerk to Board 11 St. Paul Park Approved as to form and execution: City Attorney /Date By Mayor Date of Signature Attest Clerk to Board 12 Stillwater Approved as to form and execution: City Attorney/Date By Mayor Date of Signature Attest Clerk to Board 13 Woodbury Approved as to form and execution: By City Attorney /Date Mayor Date of Signature Attest Clerk to Board 14 RESOLUTION - 2013 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA WHEREAS, the structure located at 114 Chestnut Street East, otherwise known as the Brunswick House, was constructed by William C. Penny about 1848 — the same year in which Stillwater was platted as a town and the year the "convention" in Stillwater took place; and WHEREAS, the property is adjacent to the Stillwater Commercial Historic District as listed on the NRHP, which runs along the south side of Commercial St.; and WHEREAS, the empty structure, waits for the next chapter in its long history and, therefore, is a building that needs to be taken care of — preserved and handed down to another generation to tell the stories of our past; and WHEREAS, the Heritage Preservation Commission has reason to believe the Brunswick House is significant to the City's history and will act in a resource and advisory capacity to owners regarding preservation, restoration and rehabilitation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby declares that the due to the structure being the oldest know wood structure in the City of Stillwater, and the ties it had to our early lumbering history, we believe the structure's preservation is important to the heritage of the area and the State of Minnesota. Enacted by the City County of the City of Stillwater, Minnesota this 20th day of August, 2013. ATTEST: Diane Ward, City Clerk CITY OF STILLWATER Ken Harycki, Mayor Memorandum illwat!!i r Administration TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 8/13/2013 RE: Appointment to Human Rights Commission Applications were received for the two openings on the Human Rights Commission and applicants were interviewed. John Rheinberger Claire Sand Jan Spreeman RECOMMENDATION: Ward 2 Ward 4 Ward 3 To keep the Wards balanced, it is recommended that Dr. Sand and Mr. Spreeman be appointed. ACTION REQUIRED: If Council agrees with the above information, a motion should be passed adopting the attached resolution appointing these applicants to the Human Rights Commission. /nm APPOINTING MEMBERS TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their August 20, 2013 regular City Council meeting hereby appoints the following: Commission 1 Member Ward _ Term Term Ending Human Rights Claire Sand 4 1st May 1, 2016 Human Rights 1 Jan Spreeman 3 1st May 1, 2016 Adopted by Stillwater City Council this 20th day of August, 2013. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082 -0242 Phone: 651 - 439 -6231 • FAX: 651 -439 -4061 August 15, 2013 Diane Ward 216 4th St N Stillwater, MN 55082 Dear Diane The term on the Board of Water Commissioners expired June 30th, 2013 for Adam Nyberg. Interviews were held for this position on Monday, July 29th, 2013 by the President, Steve Speedling and Council Member, Doug Menikheim. There were two applicants for this position. Adam Nyberg and Orwin Carter. On the Recommendation of President Speedling and Council Member Menikhiem, it is the desire of the Board of Water Commissioners to ask for Mr. Nyberg's re- appointment as a member of the Board of Water Commissioners. Sincerely, Robert Benson City of Stillwater Board of Water Commissioners APPOINTMENT OF ADAM NYBERG TO BOARD OF WATER COMMISSIONERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, Adam Nyberg is hereby reappointed to the Board of Water Commissioners with term ending June 30, 2016. Adopted by the Stillwater City Council this 20th day of August, 2013. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk tL 1 lwa ter ' H F 6 F H° d I. E U M I LA N!\ O I A REPORT DATE: August 14, 2013 HEARING DATE: August 20, 2013 APPLICANT: Jon Whitcomb, Midwest Real Estate Management LANDOWNER: Greg Wallace & Bill Krech CASE NO.: 2013 -12 REQUEST: 1) Annexation approval 2) Final Plat approval of Browns Creek Preserve 3) Development Agreement approval LOCATION: 12205 McKusick Road COMPREHENSIVE PLAN: LMDR, Low /Medium Density Residential REVIEWERS: City Engineer, City Attorney, Washington County Public Works, Brown's Creek Watershed District PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Jon Whitcomb, Midwest Real Estate Management, has made application for final plat approval of a 15 lot residential subdivision to be known as Browns Creek Preserve. The property is located at 12205 McKusick Road, Stillwater Township. The City Council has already approved the preliminary plat, rezoning and conceptual annexation for the project. SPECIFIC REQUEST In order to proceed with development of the property as proposed, the applicant has requested approval of the following: 1. Annexation of the 6.0 acre property 2. Final Plat for Browns Creek Preserve 3. Development Agreement for the subdivision EVALUATION OF REQUEST Browns Creek Preserve August 14, 2013 Page 2 I. ANNEXATION According to the Orderly Annexation Agreement, the subject property is located in the Phase IV annexation area. This area is not scheduled for development until 2015. But, the infill provision of the agreement (Section 4.09) would allow the request to be approved, since each of the following criteria are satisfied: o 100% of the subject landowners have signed an annexation petition • Greg Wallace and Bill Krech are the sole owners of the property and they have signed the annexation petition. o The property is adjacent to property within the City's corporate limits • Settler's Glen 9th Addition immediately to the east has already been annexed into the City. o The level of growth in the entire area regulated by the agreement has not exceeded 120 permits per year • This is true o Utilities are immediately available to the property • All utilities are to be brought to the property boundaries by US Homes as they develop Settler's Glen 9th Addition this summer. The City Council conceptually approved the annexation petition on June 18, 2013 together with the preliminary plat. Nothing has changed that should prevent final approval of the annexation now. II. FINAL PLAT A. Consistency with Preliminary Plat The final plat application materials are consistent with the preliminary plat, preliminary plans and conditions attached to that approval. B. Civil Engineering The City Engineer has reviewed the final plat and plans and offers the following comments: 1. Page C3.1. The Street width shall be 28' Face to Face. As shown in the detail on C3.3. 2. Page 3.1. Provide a 10 -15 feet wide path at pond b to accommodate vehicle access to outlet. More easement also needed on the west side of the pond for access. 3. Page C3.2. Recommend grading the infiltration basins after the site is graded, utilities installed and vegetation is established. 4. Page 4.2 Connect sewer services into manholes at Lots 1, 3, 6, 9, 10, 13, 14, 15. 5. Page 4.3. Prefer to have a circular pipe used between FES 1 and CBMH2 (Plans say 18 "). The elevation at CBMH 2 does not match slope shown of the pipe Browns Creek Preserve August 14, 2013 Page 3 when computed from FES 1. Check the build info on CBMH 2, if built as planned the top of pipe would be built in the top slab. 6. Submit new drainage calcs. The pond configuration has changed since the preliminary review. 7. Two foot max depth on the sump MH (CBMH 2 and 3). 8. Bituminous base shall be 2.5 ". C. Miscellaneous The landscape plan still needs to be revised to show 45 trees to be planted on the lots, at a rate of three trees per lot. And, the species to be plant need to be revised to show a variety of native or near native species. ALTERNATIVES A. Approval If the City Council finds the final plat and plans to be substantially similar to the preliminary plat and plans, then the Council ought to approve the final plat, annexation and development agreement by adopting the attached resolutions. The development agreement and its associated resolution of approval include the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Final Plat as submitted on 8/5/13 • Preliminary Plat C2.1 dated 7/19/13 • Grading C3.1 dated 7/19/13 • Erosion Control Plan C3.2 dated 7/19/13 • Street Plan C3.3 dated 7/19/13 • Utility Plan C4.1 dated 7/19/13 • Sanitary & Watermain Plan C4.2 dated 7/19/13 • Storm Sewer Plan C4.3 dated 7/19/13 • Tree Preservation Plan L1.1 dated 7/19/13 • Landscape Plan L2.1 dated 7/19/13 2. The developer shall submit a grading permit application to Brown's Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 3. The review comments offered by the City Engineer, as detailed above in this report, shall be incorporated into site construction, unless specifically approved otherwise by the City Engineer. 4. A total of $37,500 shall be paid to the City for park and trail dedication fees ($2,000 park dedication fee for each lot and a $500 trail fee for each lot). These fees shall be submitted to the City prior to release of the final plat for filing with the County. 5. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 6. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. Browns Creek Preserve August 14, 2013 Page 4 7. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 8. Drainage from Monterey Court shall not be directed into Macey Way. 9. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. The fees for the Trout Stream Mitigation and trunk sewer and water will be due prior to release of the final plat for recording with Washington County. The Transportation Mitigation Fee will be spread against the taxes for each of the lots. 10. Prior to releasing the final plat for filing with Washington County, the landscape plan shall be revised to show 45 trees to be planted on the lots, at a rate of three trees per lot. 11. The tree protection fencing must be installed per the Landscape Notes on the tree inventory page L1.1, prior to grading activities. Trees and treed areas to be removed should be clearly marked so they can be distinguished from trees to be preserved and vice versa. 12. The landscaping plan must be revised prior to release of the final plat for filing with Washington County. The revisions must include better tree species diversity. Specifically, tree species diversity is to be increased by adding native, or near - native species such as: oak species (N. red, N. pin, bur, bicolor), hackberry, American linden ('Redmond' is one variety), red maple, river birch, paper birch, thornless honeylocust and sugar maple. 13. The existing driveway easement over Brown's Creek Trail to McKusick Road should be vacated prior to filing the final plat with Washington County. cc Jon Whitman Attachments: Zoning & Location Map Development Plans Resolution Approving Annexation Resolution Approving Final Plat Resolution Approving Development Agreement Development Agreement 3969 `':,, 71 I l5 or—" w �} gtis 1 ` % m ]aeR ]536 '.4' — PS VV 9 e ,� 7 - 3742 � 6 �q' rfN ry• Browns Creek preserve =;at Zoning Districts A -P, Agrrcullural Preservation i RA - Single Family Residential FRB - TwoFamiy i_e •I. TR, Traditional Residential CR, Cottage Residential I= GTR. Cove Traditional Residential - CCR. Cave Collage Residential = CTHR, Cove Townhouse Residential _ TH. Townhouse IRCM- Medium Density Residential _ RCH - Iligh Density Residenbat VC, lelkige Gommerpal CA - General Commercial - CBp - Central Buslneas pielriC! 1—I BP-C. Business Park - Commercial =I BP-0, Business Park • Office BP -I. Business Park - Industrial r IB - Heavy loclustrial - CRD - Campus Research Development l♦ PA • Public Administration ® PROS - Park, Redaction ar Open Space 112 Public Works Facility IROAD • Cudrem WATER City Limit , ,, „6p 1376 .rye � s e,,,),, Mil NCO rt `, _ $ rON`# 5'r� ft ' tttr R — — gall Ow— A1.II ' 1277p 1216-D OAP Bs �: .- -. -- - — ' -`—. 11. ••r ral SITE 17?65 t 11•.. IIII I II Nip 11111, +.ark � n° ey ` o La 4,,,,,,.„,,,,..." n a 8097 13087 �crG� £TSSTEft ovum gra wy 8477 . ��a oft - NW CORNIER OF THE NEI /4 OF TIE 5W 1/4 OF SEC. 0, 030, 620 - -, 1939 jam 86059.9'6 3 = 0.00 5 "E '-.-NORTH LINE OF 176 NEI /4 OF THE SW 1/4 WEST 1/4 CORNER OF SEC, y KL 030, R20, COMPUTED p RHO 005ITION, NO MONU'ENT °i. FOUND ,., \-� -LINE PARALLEL WITH THE WEST LINE OF THE 091/4 OF THE SW 1/4 --517 RIGHT OF WAY LINE OF FORMER RAILROAD 1� f E 76.05 750.61 12' PRIVATE RAILROAD CROSSING - -„ ---- PER DOC. N0. 532252 :3- RIGHT S89 °32'34 "E 417.40 4 \ \ \ \ \ \ \ \ \ \ \ \ \ \ 94.22 2 1 4= $191'32' L L =19.70 BLOCK 7 \ \ 130.00 . 25.002 S0936'33'E 03 6 L =11.69 4407'22'04"0 A=3'01'23 3-4- 130.49 rel 25 3 25 25 140°1 / V�y / / 4490/4 /, "152.40 II 3 9007'1 55.32 1 I 1 1 96.52 7 11 T— 80' ROADWAY o AND UTILITY 0, EASEMENT PER -, Imo' 000. 40. I 3638758 9- .16 gS ?ers V 110.3°' L TSD r\ „ 4 ,, 1 4 W 1 ' ' CY: m +' G7 J -' 25°39'23" L - - -- 9,7i� 42.65 1 MONTEREY CT. .OR L 150 R= '. 97.97 �2jry025 N8929Y6 "W N C =55.12 \ A=13136'10" p C.6RG =95,63'13 "W 67.22 30.75 74 ,• .10 1 069°36X3.3" Ie 111 o 1 7= 11°18'39' - 1`O { -- 1 =33.87 /3y.. I R =771.58 ''o 1, L =49.52 + ' 1, " 7 R =30.00 O`- -� .1' a 9435'04 ": \ -- 1 2= 46'27'22") .W \ L =48.65 33,,i iu; :6 nN 15 DRAINAGE AND UTLITY EASEMENT o y�° "ry/ 72 A41/ C BLOCK 7 g B /48537'23'E io 4, R =60.00 DRAINAGE AND UTILITY - EASEMENT \ 9 17 \ 1 a s4752 98996'03 "W • 11.4 8 194.61 417.40 S89 °32'34 "E `" LINE PARALLEL WT N THE SLY RIGHT OF WAY 1INE OF FORMER RALROAD / 7 / / / BROWNS CREEK PRESERVE NORTH 0 40 80 SCALE: 1 INCH = 40 FEET SCALE IN FEET BEARINGS ARE REFERENCED TO THE NORTH LINE OF THE NE 1 /4 OF THE SW 1/4 OF SEC. 19, T30, 620, WHICH IS ASSUMED TO HAVE THE BEARING OF 089'19'53 "E o DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON MONUMENT UNLESS OTHERWISE INDICATED p< DENOTES DISTANCE AS SHOWN ON THE q9A 9 PLAT OF SETTLERS GLEN 9TH ADDITION VIC INITY MAP S.TNLWOOD R0. S (0.0.6.6. NO. 64 51TE NOT TO CREEK SCALE MCK RO N SEC. 19, 7 WP. 30, RIG. 20, WASHINGTON COUNTY, MN DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) L L55 10 1 I - 10 i —� —! - BEING 10 FEET IN W DTH AND ADJOINING STREET LINES, AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BOUNDARY LINES AS SHOWN ON THE PLAT. CORNERSTONE LAND SURVEYING, INC SHEET 2 OF 2 SHEETS •-4 (M USICK R •�� '11900•. x J ,/ 4 - - - - - -- _918_ - -\ 919: x _ / \ 9 /B\ E' t 906 C -_ -_914- \ ,_.z.7__: (,::::: \ �d2 - _ -- 1100 -_ 4.� ( ti - - -- 916 - - -- - �- - 0 - - - - - - \ 0000. -978 _- -._ -0000.- _- _ _ _- -0000- • - - ,' ; - i i / 916 - h--- ' - - -"'P _-_ - - - -_ -- -918- - .r'S?'3 '-}516/56 .`�59- (''� - --- -•920 1 - \ 1 / _____ . -916- \ T \I% ,, \ \ L °/916- \\ \\ \ I 019/0 • -• • _ '\- ••0._ \1 /,/- \\ 1 / \ \ 1 \ '--- -\".- 17,-- _____- _ - - - -- 91_//y -944- 4 - J r / 907.1 r 1 11 �TNC DRAT AGE 4 THOU T 10 'I CO m r \ x 9107 \ •• \•\ • \\\\ \ \ \ter 9bT 50' WETLAND BUFFER 19 • V 899.02 • \ \ • \ \.,.. MILANO BUFER MARKER (TIP.) MANAGE 2 WETLAND TOP OF BERM 90zz 0019 - • GRADING NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., STILLWATER, MINNESOTA ON APRIL 10, 2013, EXPRESSLY FOR THIS PROJECT. 2. VERIFY ALL FIELD CONDITIONS AND UTIUTY LOCATORS PRIOR TO EXCAVATION /CONSTRUCTOR. IF ANY DISCREPANCIES OR UNKNOWN UTUTES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. SEE TREE PRESERVATION PLAN FOR REQUIREMENTS PERTAINING TO EX15090 TREES 4. PROTECT ALL SURFACE SITE FEATURES NOT 90720 FOR REMOVAL. 5. THE OWNER TALL RETAIN A GEOTECHNICAL ENGINEER TO OBSERVE AND TEST ALL GRADING, USUTY, AND STREET CONSTRUCTOR. THE CONTRACTOR SHALL COOPERATE AND ASSIST THE GEOTECHNICAL ENGINEER AS NEEDED FOR THEM TO COMPLETE TOR WORK. THE COST OF ANY REQUIRED RETESTING MAY BE CHARGED TO THE CONTRACTOR. 6. REMOVE ALL ORGA11I0 OR OTHERWISE UNSUITABLE 509. FORM 111THIN 5 FEET OF BACK OF CURB AND BUILDING AREAS SHORN ON SHEET C.3.4 DETAIL 4. THE 5UBGRADE MUST BE OBSERVED AND APPROVED BY GEOTECHNICAL ENGINEER BEFORE FILL IS PLACED. 7. PAVING SECTION, BITUMINOUS PAVING 1.5' BITUMINOUS WEAR (MN00T 2360 TYPE 9.5 WEARING COURSE MIXTURE (28) SPWEA2406) TACK COAT (MNDOT 2357) 2.0' BITUMINOUS BASE (MNDOT 2360 TYPE 125 NON - WEARING COURSE MIXTURE (2,8) 5PNW82369) B' AGGREGATE BASE (MNDOT 3138 05 OR CL7) 18' SELECT GRANULAR SUB -BASE COMPACTED 5060600E 8. THE FILL 506S 5110110 BE PLACED AND COMPACTED USING LIFT THICKNESSES V44101 ARE COMPARABLY MATCHED TO THE TYPE OF FILL AND THE COMPACTOR BEING USED. THE COMPACTOR SHOULD BE CAPABLE OF OBTAINING THE RECOMMENDED COMPACTION LEVELS THROUGHOUT THE ENTIRE THICKNESS of THE FILL_ 9. IN BUILDING PADS AND PAVED AREAS THE EMBANKMENT BACKFILL MATERIAL SHALL BE COMPACTED TO 95% OF 1HE STANDARD MOISTURE DENSITY RELATIONSHIP OF SOILS (AS114 0- 698 -70) EXCEPT THE TOP THREE DEPTH EXCEEDS TEN TEN FEET (10) THE FILL SHALL BE COMPAACTED TO 986300 ENSITY. N AREAS WHERE FILL SHALL BE 10. REFER TO RECOMMENDATIONS IN THE GEOTECHNICAL REPORT FOR ANY ADDITIONAL SITE PREPARATION INFORMATION OR REQUIREMENTS. 11. BUILDING HOD DOWN - SEE SHEET C3.4 DETAIL 4. FB 3.0 FT. FBLO 20 FT. FBWO 2.0 FT. ADJUST AS NEEDED TO DRAIN. 12 AND 1/ DIRECTED SHALL 8E DIRECTED TO INFILTRATIONBAS O N 9, PERVIOUS E L A TS 12- 15SHALL BE DIRECTED TO INFILTRATION BASIN A • LOCATION MAP NOT TO SCALE USGS MAP NOT TO SCALE REFER TO SHEET C3.2 FOR EROSION CONTROL PLAN NORTH 0 40 80 SCALE IN FEET Knowwhes below. Call before Sou d!9. OWN085 BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PERMIT/ BID/ FINAL PLAT APPROVAL ISSUE 07/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL WATERSHED RE- SUMBITTAL PERMIT/ BIT/ FINAL PLAT APPROVAL ISSUE 04/19/13 08/18/13 07/19/13 SHEET INDEX 20.1 COVER SHEEET C1.1 EXISTING CONDITIONS C2.1 PRELIMINARY PLAT 03.1 GRADING PLAN 082 EROSION CONTROL PLAN 03.3 STREET PLAN & PROFILE C3.4 GRADING DETAILS 04.1 MASTER UTILITY PLAN 042 SANITARY SEWER & WATERMAIN PLAN & PROFILE C4 3 STORM SEWER PLAN & PROFILE C4.4 UTILITY DETAILS C4.5 UTILITY DETAILS 11.1 TREE PERSERVATION PLAN 12.1 LANDSCAPE PLAN SWPPPI1 SWPPP PLAN CERTIFICATION 1 hereby owl the pion nos prepared `erury dy ml, a under my direct p a n that am o 1 License onol wiNNs under lhe��ata p1 MI ESOTA the Step3en 14 4�,. Reels.- DOIC 07/t9 /13 's.•14 Sig shown io a 919ila reproduction of algtn0. Wet ssIgne4 copy of MD plan is on a N open ream. of RHO Dsviopment ConsullMg. R H 0 Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 PFION8:61' pea J104 SHEET GRADING PLAN PROJECT N0. WH104001 C3.1 FILE C301WHIOI.DTIG -r (MCKUSICK RD. N. s_O. 64 - -� �IE= 909.50 W 4 k NECT TO EXISTING STUB MIT4 8' VALVE, \ 00 -5 4E =90.11 = 505.45 S 15 L. 4' 4) 6 WATER SERVICE 1 CONNECTION © 1 1 < (TYP.) i / 1 \ SANITARY SEWER \) SERVICE (TYP.) / $ 7 U SANITARY MANHOLE (TYP.) W 1- z 0 2 NFlL1R BASIN A r 13 FES 5 1 i SAN 44143 c Anti v RIPRAP AT CONCRETE APRON (TYP.) 12 SAN MHI L CO :00 -6 RE =865.70 E= 0022.74 N 1E.9.09.96 5 1 8 CB1{H2 CO-7 lEASCI.23 N ?0'285 , 4f.\ ...b `v CATCH BASIN 1 1 INSTALLATION (TYP.) /HYDRANT & / /GATE VALVE / / (TYP.) 9 / / I / / 10 // INFILTRATI // _ -, J l --------- CONCRETE PIPE ARCH FES 1 -_ - -_J FES 7 N B ) I %BMH B / BUILDING MANHOLE / OVER EXISTING PIPE R1_-005(7) 1 \ IE= 359-00 N \ FES 9 • MANAGE 2 WETLAND J OVERFLOW • _ =J . UTILITY NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., STILLWATER, MINNESOTA. ON APRIL 10, 2013. EXPRESSLY FOR 11415 PRO.ECT. 2. DISCREPANCIES 00094NOWN LOCATIONS TiATRIMPACT DESIGN OR IMPPAAIRmCONSTRUCTION, 714E ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. MAINTAIN MINIMUM 7.5' COVER ON ALL NEW WATERMAIN. 4. PIPE LENGTHS SHOWN ME MEASURED FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE OR END OF FLARED END SECTION. 5. PIPE MATERIALS WATERMAIN CL 52 DIP WITH PDLYWRAP WATER SERVICES 1' COPPER. TYPE K SANITARY PVC 5DR 35 SANITARY SERVICES PVC SDR 28 STORM SEWER RCP 8. HYDRANTS SHALL BE THE PACER 100 WITH A 5 INCH STEAMER PORT STORZ CONNECTION AS MANUFACTURED BY WATEROUS COMPANY, OR APPROVED EQUAL. WITH TWO BASE NOZZLE CONNECTIONS 2 1/2 -INCH NATIONAL STANDARD THREAD. 7 1/2 -INCH TO THE INCH AND ONE PUMPER NOZZLE WITH 4 1/2 -INCH NATIONAL STANDARD THREAD, 4 TO THE INCH. 7. ALL CONNECTIONS TO CITY UTILITIES TO BE IN ACCORDANCE 'MTh CITY OF STILLWATER STANDARDS & ALL 011013 CONSTRUCTION TO COMPLY WITH CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) SPECIFICATIONS. 9. ADJUST ALL STRUCTURES. PUBUC AND PRIVATE. TO PROPOSED GRADES WHERE DISTURBED. COMPLY W1114 ALL REQUIREMENTS OF UTIUTY OWNERS STRUCTURES BEING RESET TO PAVED AREAS TO MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 10. VERIFY ALL CONNECTIONS TO EXISTING UTILITY SERVICES PRIOR TO CONSTRUCTION. 11. CONTACT 811 FOR EM51810 UTILITY LOCATIONS 48 -HOURS PRIOR TO CONSTRUCTION. ANY DISCREPANCIES BETWEEN LOCATED UTIUTES AND THE EXISTING CONDITIONS PLAN SHOULD BE NOTED AND FORWARDED TO 114E ENGINEER. SEE SHEET C4.2 FOR SANITARY SEWER AND WATERMAIN SEE SHEET C4.3 FOR STORMER SEWER SEE SHEET C4.4 & C4.5 FOR DETAILS 00RrR 40 80 SCALE IN FEET Y/NERS BROWNS CREEK WEST, LLC c/o JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWLNG PERMIT/ BID/ FINAL PLAT APPROVAL ISSUE 07/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL WATERSHED RE- SUMBITTAL PERMIT/ BIT/ FINAL PLAT APPROVAL ISSUE 04/19/13 06/18/13 07/19/13 SHEET INDEX C0.1 COVER SHEEET C1.1 EXISTING CONDIPONS C2.1 PRELIMINARY PLAT 031 GRADING PLAN C3.2 EROSION CONTROL PLAN C3.3 STREET PLAN & PROFILE C3.4 GRADING DETAILS 04.1 MASTER UTILITY PLAN C4.2 SANITARY SEWER & WATERMAIN PLAN & PROFILE C4.3 STORM SEWER PLAN & PROFILE C4.4 UTILITY DETALS C4.5 UTILITY DETAILS L1.1 TREE PERSERVATION PLAN L21 LANDSCAPE PLAN SWPPPI.1 SWPPP PLAN CERTIFICATION Eyrebycx^�ry that Thal plan prepara�tl me. der my nt l sup ianC, pn Uat am a duly Lkene H under IAe� to of MINNESOTA. MINNESOTA MA . Stephen M. q ReSie -ay" •Th• .•14 Dale: 07 /19/15 a SIS arm k a agital reproduction or of,,,, et RHO Ne and awliata Maned ..y request ploy b on Devolopmenl Consulting. R H O Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 PHONE: 611312.4804 SHEET MASTER UTILITY PLAN PROJECT NO. C4.1 WI-1104001 FILE 04011(61101.OWG G —T - - - - -- __ —.. — `- - - - - -- / 91 & -- ---------- - - -p_- 916- __ - - -- - - - -- _� _s it -�- - - -- _ mY� - -- 916. - - -- '91a r- _ -9T-� f- '---- _-- �/P - -~ 9! - D 90 II LANDSCAPE NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., SILLWATER. MINNESOTA, ON APRIL 10, 2013. EXPRESSLY FOR THIS PROJECT. 2. NO VEGETATION CLEARING TO BE STARTED 1MIHCUT COORDINATION 99119 THE OWNER'S REPRESENTATIVE, TREES TO BE SAVED AND /OR REMOVED TO BE MARKED PRIOR TO ANY REMOVAL 3. INSTALL SILT FENCE PRIOR TO COMMENDING GRADING ACTIVITIES. TREE PROTECTION FENCE SHALL BE INSTALLED AROUND THE DRIP UNES OF TREES TO BE SAVED. SILT FENCE MUST BE INSPECTED BY CITY STAFF PRIOR TO ANY SITE WORK. MAINTAIN FENCES FOR DURATION OF CONSTRUCTION ACTIVITIES. 4. NO MATERIALS, VEHICLES, OR EQUIPMENT CAN BE STORED WITHIN THE TREE PROTECTION AREAS 5. NO TRIMMING OR CLEARING OAR STANDS IS ALLOWED 6019,5 N APRIL 15 AND JULY 1. 6. PROTECT ALL TREES AND UNDERSTORY NOTED TO BE SAVED. WRING THE CONSTRUCTION, IF TREES NOTED TO BE SAVED ARE DAMAGED AND CONSIDERED LOST PER THE CONS STANDARDS CONTRACTOR IS RESPONSIBLE FOR REWIRED REPLACEMENT AND FINANCIAL PENALTY. T — — — — _ __-_-,--f — — — — — — -_,---s‘- r — — TREE PRESERVATION SCHEDULE 918 - - --� / _ 1- - rv-�- "'�'.V�F-v- �.- -�.• -\ -vim.-; 916- ..- -- ,p 94=-- -_91z\ N9j0` c',1' 4,0 4q I 11 1 i J I { I I I I- I 1 ' Gill" -�_x i 1 1 I I II -1-__ ._11 1 II I t If i II I� {I I I ;II YI VI it of ■ JA I , I III ■i I \\ HEAVY DUTY SILT FENCE (TYP.) MANAGE 2 WETLAND N . --9 1 - 1 !/ )1/ / /// / REMOVE I I D.B.H. HT. COMMON NAME SCIENTIFIC NAME E =El IM ME E ME - ME - -o MN MIIIE Oil an7 MI o EIE o IflE o EII Ire SUE III= I— I17 T1 Ell E MI®®a E Mil:■1Da I1EL' 'OE =2221=MIIM:12E1-123=IM r w•aMM o IIIIIIMM —E wo wo —I r 3 I! w• E— ' . 11 .00 11-722_1 _____ ____ 1i WOOD ■ '' E 7 ^� POPUWS TREMULODES INIIIII Mk. .emu u.val. -, ■ —E POPUWS TREMULODES POPULUS TREMULOIDES POPULUS TREMULODES 0a POPULUS IREMULODES wIO —E —E IIIIMIIIE MINE —E E MIE'0 El 3OE. fm OE OE n fl, ID 31E ME OM IEI CSOE MI POPUWS TREMULOIDES COTCNWOOD POPUWS DELTOOES w• 0 POPUWS TREMULODES O POPUWS TREMULOWES —m K war- �s 'n . .:a- +_,u.:,1:,I,l1 M iiimmom. POPULUS TREMULOIDES POPULUS TREMULOIDES POPULUS TREMULOIDES —III wo wE MIN El= 0=1—♦■ —♦■ IN POPULUS TREMULODES POPULUS TREMULODES POPUWS TREMULODES —E —E wo wo —[(y —E wEEd LM' OM E ME mEM:1■■ Mil'■ MIME ME ME MI=—♦■ nE MN ME MI —■ '■ POPULUS TREMULOIDES POPULUS TREMULODES POPULUS TREMULODES ■■ MI■■ —♦■ —♦ POPULUS 1REMULODES POPULUS TREMULODES ■ ■ ■ POPUWS DELTODES POPULUS TREMULONES POPULUS TREMULOIDES —E =MEI ■o wo POPULUS TREMULODES POPULUS 1REMULODES POPUWS TREMULODES wo —ELL1 ME ME —♦■ POPULUS TREMULOIDES ■ POPUWS TREMULOIDES —♦ I', EIE1 E ME E OE wE■ ■■ POPULUS TREMULOIDES POPULUS TREMULOIDES POPULUS TREMULODES wII wE DE ®Ewe■ wNI■ POPULUS TREMULODES POPULUS TREMULOIDES wE wE ■E IT EMI EsJE E Mil MI-E7MM■ a■■ 1 1 ■■ —∎■ • POPULUS TREMULODES POPULUS TREMULOIDES POPUWS TREMULUOES EM E ■MiliECE■ E' ■'■ ME= • E ME ■ ®■ —■ — EE EIM — M >w — OE I- M M MEM — M w = M. — ME M. MEE EM - E E EME E E E EMEE EIwE EIMIim MIE Mai —E ME MIE3 311111E ■ ■IMEI=EIN■ ■1=1311MEIN■ ■ ■ ■iWII■ ■IMAIIIIIIEE■ ■m■ ■m■ ■MECIMM■ ®■ ®■ ONUS SYLVES718S MIME MIME E • MEW. MIIIIMI■LEMIIMMIN LL im■kva EZ ■ E IN VON ■ vac) — =TN TIRE ®x —� . TREE PRESERVATION SUMMARY TOTAL EXISTING SIGNIFICANT TREES ON -SITE 75 TREES TOTAL REMOVE SIGNIFICANT TREES 21 TREES (287) TOTAL EXISTING SIGNIFICANT TREES ON -SITE 999 DSH. TOTAL REMOVED EXISTING SIGNIFICANT TREES 262 GBH. (26.27) TOTAL REMOVED CROWN COVER OF SIGNIFICANT TREES 26.2[ (NO REPLACEMENT REWIRED) TOTAL AREAS OF EXISTING CROWN COVER (EXEMPT EVERGREEN TREE ROWS) 53.720 SF. \\ \\\ \ _/, / / / // TOTAL AREAS OF REMOVED EXISTING CROWN COVER NO REPLACEMENT REQUIRED) (26O)� w914S below. ( can loaf «e yep dg. \ //� / / /�. LEGEND • EXI5190 TREE REMOVED TREE AREA OF EVERGREEN TREE ROWS TO BE REMOVED (EXEMPT FROM TREE PRESERVATION ORDINANCE) NORTH AREA OF TREE CLEARING -4.-=-® HEAVY DUTY SILT FENCE 0 40 EVERGREEN TREE ROW LIMITS (EXEMPT FROM TREE PRESERVATION ORDINANCE) 80 SCALE IN PEET OWNERS BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PERMIT/ BID/ FINAL PLAT APPROVAL ISSUE 07/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUUMBITTAL WATERSHED RE- SUMBITTAL PERMIT/ BIT/ FINAL PLAT APPROVAL ISSUE 04/19/13 06/18/13 07/19/13 SHEET INDE% 00.1 COVER SKEET C1.1 EXISTING CONDITIONS 02.1 PRELIMINARY PLAT C3.1 GRADING PLAN 03:2 EROSION CONTROL PLAN C3.3 STREET PLAN & PROFILE C3.4 GRAD1•5 DETAILS C4.1 MASTER UTILITY PLAN 04.2 SANITARY SEWER & WATERMAIN PLAN & PROFILE 04.3 STORM SEWER PLAN & PROFILE C4.4 UTILITY DETAILS C4.5 UTILITY DETAILS L1.1 TREE PERSERVATION PLAN 12.1 LANDSCAPE PLAN 500/01.1 SWPPP PLAN CERTIFICATION hereby certify that Mis plan vets prepared by me, or under my direct wp^rrision, end thArch I Architect a duly LkmseQyy tet ai1 cl under the ts6 }0A�ta a of wNI:sOTA. S 9 Dale: 07 19/13 Sig 91Mii9,m,n is 0 digital reproduction el Si ighich Wel abed copy of this plan le on Be and wa We request at RHO Development Consulting. Development Consulting P.O. BOB 357 LONG LASE, MN 55356 PHONE 9224994!04 SHEET TREE PRESERVATION PLAN PROJECT N0. WHI04001 L1.1 FILE LIO1WIIIO1.OWG J KRD: -N) CO17NTY RD. -N(: 64 1 C • •10 L_ L r L r INFILTRATION 1 BASIN A 1 / ▪ ...1- — .` / — ASINY )/ 0 / ENLARGED rIAN 12 COL L CO r O \ • I _ — _J — 7 10 1 / 1 // / // / / 1 /1 / MANAGE 2 WETLAND INFILTRATION BASIN B / . PLANT SCHEDULE KEY OUANT. COMMON NAME SCIENTIFIC NAME SIZE ROOT MATURE ROOT COND. SIZE DECIDUOUS TREES AF 8 AUTUMN BLAZE ACER X FREEMANII 2.5' CAL B&B 4011 X 40'11 MAPLE 'JEFFERSREO' TC 10 GREENSPIRE UNDEN MIA CDRDATA 'GREENSPIRE' 2,5' CAL B&B 4S'H X 30'W PERENNIALS AN 50 NEW ENGLAND ASTER NOVAE- ANGUAE 2' PLUG 12• 0.C. ASTER SPACING CV 50 FOX SEDGE CAREX WLPINOIDEA EM 50 JOE PYE WEED EUPATORIUM MACULAIUM IV 50 BLUE FLAG IRIS IRIS VERSICOLOR LS 50 GREAT BLUE LOBEUA L08EIJA SIPHIUICA PV 50 SWITCHGRASS PANICUM VIRGAIUM PHV S0 OBEDIENT PLANT PHYSOSTEOA VIRGINIANA VF 50 IRONWEED VERNONIA FASCICULAIE W 50 CULVER'S ROOT VERONICASTRUM WRGINICUM SUBSTITUTIONS IF ANY SUBSTITUTIONS ARE REQUIRED, SUBMIT WRITTEN DOCUMENTS AND PROPOSED SUBSTITUTIONS TO LANDSCAPE ARCHITECT FOR APPROVAL 5 DAYS PRIOR TO PURCHASE AND /OR INSTALLATION. 101 ONE o unun. cigL OL 1I11p� f I l 1 1 1 1 1 I -11I--1111 I I I 1=11 I I I I I 1 —I I I I I I MOUN0 5UBGRAOE SCARIFY 80TTOM AND SIDES OF PIT PRIOR TO PLANTING ENLARGED PLAN LANDSCAPE NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., STILLWATER, MINNESOTA ON APRIL 10, 2013, EXPRESSLY FOR THIS PROJECT. 2. VERIFY ALL 0E1D COMMONS AND UTIUTY LOCATIONS PRIOR TO EXCAVATION /CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION. 1141 ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE IN ALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET AS SHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND. IMMEDIATELY NOTIFY LANDSCAPE ARCHITECT FOR RESOLUTION. 4. ALL PLANT MATERIALS ARE TO CONFORM WITH STATE & LOCAL CONSTRUCTION STANDARDS AND THE CURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALS ARE TO BE HEALTHY. HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE. AND DISFIGURATION. 5. WANn1115 OF PLANTS USTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN 1HE QUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWING LAYOUT FIGURES. 6 IN APPLY FOUR FOUR ) FOOT INCH DEPTH OF SHREDDED HARDWOOD BARK DIAMETER RING AROUND ALL TREES LOCATED MULCH TURF AREAS NO VINYL EDGING IS REQUIRED FOR 1REES LOCATED IN SHRUB BEDS AND SEEDING AREAS 7. PLANTING SOIL FOR BACKFIWNG TO BE TOPSOIL TO TIDOS 15 ADDED 3 LBS OF SLOW 11018 F COMMERCIAL FERIIUZER AND 1/5 YARD OF PEAT HUMUS PER CUBIC YARD. TOPSOIL TO BE MNDOT SELECT TOPSOIL BORROW 38778. 0. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION. UNLESS OTHERWISE NOTED. B. SEE 03.2 INFILTRATION BASIN NOTES FOR PLANTING BEDS IN INFILTRATION BASINS NO TOPSOIL TO BE ADDED TO INFILTRATION BASINS 10. LANDSCAPE CONTRACTOR TO MAINTAIN INFILTRATION BASINS FREE FROM WEEDS AND OTHER INVASIVE PLANT MATERIAL MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT GUARANTY PERIOD. THE GUARANTEE PERIOD IS TWO GROWING SEASONS FROM DATE OF PROVISIONAL ACCEPTANCE 0851 FINAL ACCEPTANCE 11. MONITOR MOISTURE AND CONTROL SEDIMENTATION IN INFILTRATION BASINS FOR ONE FULL YEAR. SUPPLEMENT WATER IF THERE IS INSUFFICIENT RAINFALL PER TEEN (ONE INCH PER 'WEEK). PLANTING PR 2 -3 X DIA OF SOIL BALL DUG & TILLED PIT 3-5 X DIA OF SOIL BALL 101 it 1' =20' DOUBLE STRAND 14 GA. 'FARE 3' 0 120 DEGREE INTERVALS 16- POLY PROPYLENE OR POLYETHYLENE, 40 ML 1 -1 /2- 4,101 514110 TREE TRAP TO FIRST BRANCH ROOT FLARE AT FINISHED GRADE OR 0RST MAJOR BRANCHING ROUT AT 1 INCH BELOW SOIL UNE MULCH, EDGING, & 0194 RING (SEE LANDSCAPE NOTES) CUT AND REMOVE TOP 1/3 BURLAP (MIN.), WIRE BASKET. AND ALL NYLON CORO 140101NOU5 SOIL BACKFILL WATER & TAMP TO REMOVE NR P0CKE15 NOTES MAINTAIN TREE IN PLUMB POSITION THROUGHOUT 7111 GUARANTY PERIOD (SEE SPECIFICATIONS). / TREE STAKING AND 115 METHOD ARE OPTIONAL TO CONTRACTORS TWO ALTERNATIVES ARE SHOWN. DECIDUOUS TREE PLANTING NO SCALE SEE SHEET C3.2 FOR EROSION CONTROL PLAN NORT 40 80 SCALE TN FEET OWNERS • BROWNS CREEK WEST, LLC c/o JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PERMIT/ BID/ FINAL PLAT APPROVAL ISSUE 07/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL WATERSHED RE- SUMBITTAL PERMIT/ &T/ FINAL PLAT APPROVAL ISSUE 00/19/13 06/10/13 07/10/13 SHEET INDEX C0.1 COVER SHEEET 01.1 EXISTING CONDITION! C2.1 PRWMINARY PLAT 13.1 GRADING PLAN C3.2 EROSION CONTROL PLAN C3.3 STREET PLAN & PROFILE 03.4 GRADING DETAILS 04.1 MASTER UTILITY PLAN 04.2 SANITARY SEWER & WATERMAIN PLAN & PROFILE C4.3 STORM SEWER PLAN & PROFILE 04.4 UTILITY DETAILS 14.5 UTIUTY DETAILS L 1.1 TREE PERSERVATION PLAN L2.1 LANDSCAPE PLAN S'APPP1.1 SWPPP PLAN CERTIFICATION 1 heirMy certify that this Pton eon OrVered by me. or under my dada and Mot I am a duly liter. Architect under tthe Md(} le of MINNESOTA lS not-shoe So 4 a, d 8 Nn < u po n e ,geAe s7 vro t ori. leek copy RH 05 O o 0, vNepment ConaulMg o1 9 Dote: 07 19/13 R Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 PNONEI +332 SHEET LANDSCAPE PLAN PROJECT N0. WHI04001 L2.1 FILE 1201n11401.0W6 RESOLUTION NO. 2013- A RESOLUTION ANNEXING LAND TO THE CITY OF STILLWATER PURSUANT TO THE JOINT RESOLUTION OF THE CITY AND TOWN OF STILLWATER AS TO ORDERLY ANNEXATION DATED AUGUST 16, 1996 CASE NO. 2013-12 WHEREAS, Midwest Real Estate Management, Greg Wallace, and Bill Krech have petitioned that land owned by Greg Wallace and Bill Krech in the Town of Stillwater (collectively, "the land ") described in Exhibit A, as depicted on the maps in Exhibit B, be annexed to the City pursuant to the provisions of the Joint Resolutions as to Orderly Annexation of the City and Town of Stillwater, dated August 16, 1996; and WHEREAS, the Land is included within Phase IV of the area designated for orderly annexation; and WHEREAS, Section 3.05 of the Orderly Annexation Agreement identifies the Land as Phase IV property; and WHEREAS, Section 4.05 of the Orderly Annexation Agreement provides that Phase IV land may be annexed to the City any time after January 1, 2015; and WHEREAS, Section 4.09 of the Orderly Annexation Agreement provides that Phase IV land may be annexed to the City before January 1, 2015 if the annexation is petitioned for by 100% of the owners of the property to be annexed, and if the resulting annexation will not create a level of growth that exceeds one hundred twenty dwelling units per year and the if the property to be annexed is adjacent to property already located within the City of Stillwater; and WHEREAS, the petitioned annexation satisfies all the criteria listed in Section 4.09 of the Orderly Annexation Agreement; and WHEREAS, the Joint Planning Board approved the annexation petition at a public hearing conducted by it on May 16, 2013; and WHEREAS, it appears to the City Council that the annexation does not conflict, in any way, with the Joint Resolution Agreement of the City and Town of Stillwater, relating to orderly annexation dated August 16, 1996. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. That this Resolution be submitted, forthwith, by the City Clerk to the Executive Director of the Minnesota Municipal Board for the purpose of annexing the Land described in Exhibit A to the City of Stillwater, all as provided by Subdivision 1 of Section 414.0325 of the Minnesota Statutes relating to orderly annexations within a designated area. 2. For the purpose of this annexation proceeding, the City Council of the City of Stillwater hereby determines that the Land described in Exhibit A is now or about to become urban and the City is capable of providing the services required by the area within a reasonable time. It is further determined that the annexation to the City would be in the best interests of the Land. 3. After the annexation, the real estate taxes, if any, with respect to the Land will be divided as provided by Section 7.03 of the Joint Resolution. BE IT FURTHER RESOLVED, that a map with the Land proposed for annexation designated thereon and marked as Exhibit B to this Resolution be submitted to the Minnesota Municipal Board along with a certified copy of this Resolution. BE IT FURTHER RESOLVED, that the City Clerk submit copies of this Resolution with copies of the map to the Town Board of the Town of Stillwater and the Joint Powers Committee. Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk EXHIBIT A All that part of the Northeast Quarter of the Southwest Quarter of Section (19) Nineteen, Township Thirty (30) North, Range Twenty (20) West, described as follows: Commencing at the Northwest corner of said quarter - quarter; thence east along the north line of said quarter - quarter for Forty (40) feet; thence South and parallel with the west line of said Northeast Quarter of Southwest Quarter for One hundred thirteen and six - tenths (113.6) feet to its intersection with the southerly right -of -way line of the Northern Pacific Railroad Company, which is the point of beginning of this description: thence continuing South along said parallel line drawn Forty (40) feet East of the West line of said Northeast Quarter of Southwest Quarter for Six hundred twenty -six and one -tenth (626.1) feet; thence East and parallel with said southerly right -of -way line of the Northern Pacific Railroad Company for Four hundred seventeen and four - tenths (417.4) feet; thence North and parallel with the west line of said Northeast Quarter of Southwest Quarter for Six hundred twenty -six and one -tenth (626.1) feet to the southerly right -of -way line of the Northern Pacific Railroad Company; thence west along said southerly right - of -way line of said railroad company for Four hundred seventeen and four - tenths (417.4) feet to the point of beginning. AND Outlot B, Settlers Glen 9th Addition, Washington County, Minnesota. alw ISM '1 ' RPP aj. vat 0 4. '8 tl, , �,$ �S. Y 4' - - Browns Creek preserve ,, .. pMr Preliminary Plat Case 2013 -12 mu ii.... Ji/ I142 y r? '� %' _ ~ k Zoning Districts A.P. Agrlwthrral Preseneatlan RA- Single Family Residential RS -Two Fealty TR. Traditional RetndenL 1 •� LR, Lekeshare Residential CR.. Cartage Residential = CT Corattitt t Residential CCR. R. Cove T Cove ttage Resident�sl - CTNR., Cove Towntrouse Residential - TH. Tmvmhoose - Dandy - Medium Dady Residential MI RCN • Hkgh Densely Reel itiel _ VC. Visage Commeroal - CA- General l Cammerciar = cap - central &mess Lamina RP-C. Business Perk • Offine r191 6P.O. 9uams¢s Perk • pffrc;a BP I. Heavy Paris • industrial - iB -Heavy Indushiai Mil GRO - Campus Rasearen t7aveippmant - PA. RANK Administration ® PROS - Park. Recreation. or Open Space Punk Works Faddy ROAD WATER • Current G'ry Limit ■ lit .- _ r• IN TIM g 'ild• 3 • o _ 12770 MS Ti tti oumv Raw a. MOW III �� SITE 12205 Iii II No 8393 - -- . r-0 IIIII%_ v 9087 I r e r ,,,,. I OA % modill It 1 r r 0 . tl •74 :fir ,. ten it RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR BROWNS CREEK PRESERVE CASE NO. 2013-12 WHEREAS, Midwest Real Estate Management made application for approval of the final plat for BROWNS CREEK PRESERVE; and WHEREAS, on May 13, 2013 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on June 18, 2013 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on August 20, 2018 the Stillwater City Council held a public hearing and found the final plat and plan for BROWNS CREEK PRESERVE to be consistent with the preliminary plat and plans approved on June 18, 2013. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat for BROWNS CREEK PRESERVE. Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR BROWNS CREEK PRESERVE CASE NO. 2013-12 WHEREAS, Midwest Real Estate Management made application for approval of the final plat and Development Agreement for BROWNS CREEK PRESERVE; and WHEREAS, on May 13, 2013 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on June 18, 2013 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on August 20, 2018 the Stillwater City Council held a public hearing and found the final plat and plan for BROWNS CREEK PRESERVE to be consistent with the preliminary plat and plans approved on June 18, 2013. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement for BROWNS CREEK PRESERVE with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Final Plat as submitted on 8/5/13 • Preliminary Plat C2.1 dated 7/19/13 • Grading C3.1 dated 7/19/13 • Erosion Control Plan C3.2 dated 7/19/13 • Street Plan C3.3 dated 7/19/13 • Utility Plan C4.1 dated 7/19/13 • Sanitary & Watermain Plan C4.2 dated 7/19/13 • Storm Sewer Plan C4.3 dated 7/19/13 • Tree Preservation Plan L1.1 dated 7/19/13 • Landscape Plan L2.1 dated 7/19/13 2. The developer shall submit a grading permit application to Brown's Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. Resolution No. Page 2 of 3 3. The review comments offered by the City Engineer, as detailed above in this report, shall be incorporated into site construction, unless specifically approved otherwise by the City Engineer. 4. A total of $37,500 shall be paid to the City for park and trail dedication fees ($2,000 park dedication fee for each lot and a $500 trail fee for each lot). These fees shall be submitted to the City prior to release of the final plat for filing with the County. 5. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 6. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 7. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 8. Drainage from Monterey Court shall not be directed into Macey Way. 9. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. The fees for the Trout Stream Mitigation and trunk sewer and water will be due prior to release of the final plat for recording with Washington County. The Transportation Mitigation Fee will be spread against the taxes for each of the lots. 10. Prior to releasing the final plat for filing with Washington County, the landscape plan shall be revised to show 45 trees to be planted on the lots, at a rate of three trees per lot. 11. The tree protection fencing must be installed per the Landscape Notes on the tree inventory page L1.1, prior to grading activities. Trees and treed areas to be removed should be clearly marked so they can be distinguished from trees to be preserved and vice versa. 12. The landscaping plan must be revised prior to release of the final plat for filing with Washington County. The revisions must include better tree species diversity. Specifically, tree species diversity is to be increased by adding native, or near - native species such as: oak species (N. red, N. pin, bur, bicolor), hackberry, American linden ('Redmond' is one variety), red maple, river birch, paper birch, thornless honeylocust and sugar maple. Resolution No. Page 3 of 3 13. The existing driveway easement over Brown's Creek Trail to McKusick Road should be vacated prior to filing the final plat with Washington County. Enacted by the City Council of the City of Stillwater, Minnesota this 20th day of August, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk DRAFT: 8/15/13 DEVELOPMENT AGREEMENT RELATING TO BROWN'S CREEK PRESERVE BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND MIDWEST REAL ESTATE MANAGMENT, LLC, A Minnesota Limited Liability Company This agreement was drafted by: David T. Magnuson, #66400 Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 651/439-9464 TABLE OF CONTENTS SECTION 1. RECITALS. 1 1.01 The Property 1 1.02 Public Improvements. 1 1.03 Public Improvements; Plans, Specifications. 1 1.04 Public Improvements, Warranty. 2 SECTION 2. DEVELOPER'S REPRESENTATIONS. 2 2.01 No Disability. 2 2.02 Execution No Violation. 2 2.03 Litigation. 2 2.04 Compliance. 3 SECTION 3. PUBLIC IMPROVEMENT SCHEDULE 3 3.01 Work Schedule. 3 3.02 Final Plat Approval. 3 3.03 Selection and Control of Contractors 3 3.04 Dedication of Work 3 SECTION 4. SECURITY. 3 4.01 Consultant Fees and Charges. 3 4.02 Payment of Charges and Fees. 3 4.03 Security for Cost of Public Improvements. 4 SECTION 5. DEVELOPER'S RESPONSIBILITY. 4 5.01 Easements. 4 5.02 Street Lights. 5 5.03 Mass Grading. 5 5.04 Dedication and Maintenance of Storm Water 5 5.05 Engineering Data 5 5.06 As Built Plan. 5 5.07 Erosion Control Measures During Construction 5 5.08 Homeowner Association. 5 5.09 Landscaping. 6 5.10 City Regulations 6 5.11 Maintenance of City or County Facilities. 6 SECTION 6. INSURANCE. 7 6.01 Insurance. 7 SECTION 7. INDEMNIFICATION. 7 7.01 Indemnification. 7 7.02 Enforcement by City; Damages. 7 SECTION 8. EVENTS OF DEFAULT. 8 8.01 Events of Default Defined 8 8.02 Remedies on Default. 8 (i) SECTION 9. ADMINISTRATIVE PROVISIONS. 8 9.01 Notices. 8 SECTION 10. ADDITIONAL PROVISIONS. 9 10.01 Titles of Sections 9 10.02 Counterparts. 9 10.03 Modification 9 10.04 Law Governing. 9 10.05 Severability. 9 SECTION 11. TERMINATION OF AGREEMENT. 9 11.01 Termination 9 DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 2013, between the CITY OF STILLWATER, a political subdivision of the State of Minnesota, ( "City "), and Midwest Real Estate Management, LLC (the "Developer "); WITNESSETH THAT, the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer now owns the property described in the attached Exhibit "A" comprising 6.0 gross acres located within the Town of Stillwater and proposed for annexation to the City of Stillwater, Washington County, Minnesota ( "Brown's Creek Preserve "). The Developer has been granted preliminary plat approval for the subdivision of the property into 15 lots, rezoning to the TR, Traditional Residential Zoning District, all contingent upon the annexation of the property to the City Stillwater and the execution of this Agreement. 1.02 Public Improvements. A. The City is willing to allow the Developer to construct and install the Public Improvements ( "Public Improvements ") necessary to serve Brown's Creek Preserve. A description of the Public Improvements and estimate of costs are attached as Exhibit `B ". 1.03 Public Improvements; Plans, Specifications. A. All public improvements must be installed in accordance with the Plans and the City's subdivision regulations and specifications for utilities and street construction. The Developer must submit plans and specifications for utilities and street construction prepared by a registered professional engineer and must be approved by the City Engineer. The Developer must obtain any necessary permits from the Minnesota Pollution Control Agency, Minnesota Department of Health, the Watershed District and other agencies before proceeding with construction. The City will have an inspector or engineer ( "Project Representative ") inspect the work at the Developer's expense. The Developer, its contractors and subcontractors, must follow all instructions received from the City's inspectors. B. Prior to beginning construction, the Developer or the Developer's engineer must schedule a preconstruction meeting with all parties concerned, including the City staff and engineers, to review the program for the construction work. Iron monuments must be installed in accordance with state law. The Developer's surveyor must submit a written notice to the City certifying that the monuments have been installed. 1 C. The City will provide the services of a Project Representative at the site to provide more continuous observation of the Contractor(s) work. Charges for this service will be billed to Developer at the current hourly rate adopted by the City. The Resident Project Representative's dealings in matters pertaining to the on —site work will in general, be only with the City and the Developer, and dealings with contractors will only be through or with full knowledge of the Developer. Through the observations of the work in progress and field checks of materials and equipment by the Project Representative will endeavor to provide further protection for the City against defects and deficiencies in the work of the Contractor; but the furnishing of this representation will not make the City responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs or for the Contractor's failure to perform work in accordance with the Contract Documents. The Developer must pay the City for inspection services. D. The City must be provided a minimum of 24 hours notice prior to the commencement of underground pipe laying; and prior to subgrade, gravel base, and bituminous surface construction. 1.04 Public Improvements Warranty. Developer agrees that the Public Improvements will be done in a workmanlike manner and that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the project if any condition of this contract is breached or any law or administrative rule is violated. If any material or labor that is supplied is rejected by the City Engineer as defective or unsuitable, then the rejected materials must be removed and replaced with approved material, and the work will be done anew to the satisfaction and approval of the City Engineer at the sole cost and expense of the Developer. This warranty will extend for one year beyond the final acceptance of the Public Improvements by the City. SECTION 2. DEVELOPER'S REPRESENTATIONS. THE DEVELOPER REPRESENTS TO THE CITY THAT AS OF THE DATE OF THIS AGREEMENT, THE STATEMENTS SET FORTH IN THIS SECTION ARE TRUE. 2.01 No Disability. The Developer is the fee owner of the property and know of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litigation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform his obligations under this Agreement. 2 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of subdivision approval; and comply with any applicable requirements of the Brown's Creek Watershed District. SECTION 3. PUBLIC IMPROVEMENT SCHEDULE. The Developer will install Public Improvements according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the work schedule for the Public Improvements by the City Engineer will be required before construction begins. In the event that Developer fails to complete any element of the Public Improvements according to the completion schedule, the City, at its option, will upon ten (10) days written notice from the City Engineer within which the Developer will have the opportunity to cure, has the right to draw upon any Security provided pursuant to §4.03 of this Agreement for the costs associated with completion of the work referred in this section. Upon satisfactory completion of the work, the City will have the right but not the obligation to terminate this Agreement. In all events, all work on the Public Improvements must be substantially complete by September 1, 2014. 3.02 Final Plat Approval. Provided that the Developer is not in default of this Agreement, the City will approve the final plat in advance of acceptance of the streets and utilities within the plat subject to any conditions of final plat approval imposed by the City. 3.03 Selection and Control of Contractors. The City reserves the right to approve the general contractor for construction of the Public Improvements. The City agrees that their approval will not be unreasonably be withheld. 3.04 Dedication of Work. Each element of the Public Improvements will become as a matter of law, dedicated to the public upon acceptance of the completed work by the City and the Developer will be deemed to have no right, title or interest in or upon any element of the dedicated Public Improvements. SECTION 4. SECURITY. 4.01 Consultant Fees and Charges. The Developer will pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City in behalf of or at the request of the Developer, including the costs of engineering, legal and testing services, oversight and inspection of grading, erosion control, wetland restoration and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection by the Project Representative for one (1) year beyond the acceptance of the completed work. Charges will be invoiced at the current hourly rates for each service as approved by the City. 4.02 Payment of Charges and Fees. Prior to the City signing the Final Plat, Developer must pay the following charges and fees: 3 A. Trunk Charges: AUAR Trout Stream Mitigation Charge Trunk Sanitary Sewer and Water Main Charges Transportation Adequacy Fund (Based on development of 6.00 acres) $10,021.00 $13,587.51 $17,160.00 per acre per acre per acre $60,126.00 $81,525.06 $102,960.00 $244,611.06 At the request of the Developer, transportation adequacy charges will be assessed against the lots within the Development at the rate of $6,864.00 per lot. The assessment will be payable in 3 annual installments and certified to the County Auditor for collection with the real estate taxes. The assessments will also be due upon sale of each lot. The request must also include a waiver of notice and any right to appeal the assessment pursuant to Minn Stat. §429.081. B. Park In Lieu Charge. The Developer must pay to the City the sum of $30,000.00 as a payment in lieu of park dedication and the sum of $7,500.00 for the City Trail System charge. A total $37,500 for trail and park dedication. 4.03 Security for Cost of Public Improvements. Developer must, prior to the City or the Developer beginning work on any Public Improvements, provide the City with cash, letter of credit or other surety, with the form of any non —cash surety to be satisfactory to the City Attorney in the sum of one hundred twenty five percent (125 %) of the estimated cost of the Public Improvements. Developer and City acknowledge that the accepted construction bid, including site grading, sanitary sewer, watermain, storm sewer, streets and restoration, and trails totals $318,000.00, and the required security /surety amount is thus $397,500.00. The surety must be a guaranty to the City that the Public Improvements will be timely completed to the City's satisfaction. The cash, letter of credit or other surety must be maintained continuously by the Developer until the Public Improvements are completed to the City's satisfaction. The cash, letter of credit or other surety for Public Improvements may be released upon certification of the City Engineer that items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of the Public Improvements, Developer may request of the City that the surety be reduced for the work which has been fully completed and for which payment has been made. A Letter of Credit or other surety must permit the City to draw upon it for the full face amount of the cost of curing any default of the Developer upon ten (10) days written notice to the Developer of its opportunity to cure, with respect to performance items or seventy —two (72) hours written notice with respect to erosion control violations as described in §5.07. SECTION 5. DEVELOPER'S RESPONSIBILITY. 5.01 Easements. The Developer must furnish to the City upon request and without charge, all permanent easements over property owned or controlled by them as designated in the plans and specifications, and deeds to property deemed necessary by the City for the location, 4 construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 5.02 Street Lights. The Developer will furnish a street lighting system for the development according to the design and specifications of the City Engineer. The street lighting system may be owned, constructed and operated by the electric utility company serving the project area and in this event the City and the utility company must enter into a contractual agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 5.03 Mass Grading. Prior to the commencement of construction of any Public Improvements, the Developer at their expense must complete the grading of the entire project area including the building sites, storm water control features, surface drainage ways, private driveways, municipal streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, and erosion control provisions. 5.04 Dedication and Maintenance of Storm Water. Upon completion of the construction of any storm water control features and upon acceptance of the work by the City Engineer. The Developer shall provide to the City Engineer a storm water maintenance plan obligating the Developer and future owners to the continued maintenance of the storm water control features, swales and ditches, infiltration basin and forebay basin. 5.05 Engineering Data. The Developer, through their Engineer, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 5.06 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer, must prepare and file with the City a full set of "as built" plans, including a mylar original and electronic drawings showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built" plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. 5.07 Erosion Control Measures During Construction. Developer agrees that they will construct erosion control devices in conformance with the approved construction plans for the Public Improvements. This plan must protect any adjacent ponds and wetlands from erosion, pollution and siltation throughout the construction of the Public Improvements. Any deficiency or failure of erosion control must be corrected within seventy —two (72) hours of written notice or the City may draw upon the Security provided under §4.03 of this Agreement in the amount of the costs incurred in curing the deficiency. 5.08 Homeowner Association. The Developer must create a Homeowner's Association and obligate the Association to assume responsibility for architectural control. The documents 5 creating the Homeowner's Association and any associated Declaration of Covenants must be reviewed and approved by the City Attorney before being executed by the Developer and filed with the County Recorder. 5.09 Landscaping. The Developer must install all landscaping in compliance with the Plans and provide, through restrictive covenants, that the landscaping will be well maintained and not planted so as to interfere with site drainage or storm water improvements or access to storm water improvements. The covenants must also provide that any trees planted with the platted right of way are the responsibility of the home owner's association to maintain. 5.10 City Regulations. Developer acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default as defined in this Agreement, including: A. The grading and erosion control plan must be prepared by RHO Development Consulting and approved by the City Engineer, shall be implemented. B. A national pollution discharge elimination system general storm water permit for construction activity must be obtained from the MPCA before grading begins. C. Compliance with any mitigation measures required by any Brown's Creek Watershed Watershed District. D. The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the development. E. Before beginning work on the Public Improvements, the Developer must have satisfied the City park and trail payment in lieu of dedication requirement. F. Pay to the City, before building permits are issued, for any structure within the development any sewer or water availability charges and any oversizing or hookup charges imposed by the City. G. Comply with all conditions of approval of City plat approval, Case No. 2013 -12 and as enacted by the City Council on June 18, 2013. 5.11 Maintenance of City or County Facilities. A. The Developer will be responsible for any damage caused to any City or County facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, their contractors, agents or employees and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action. However, the Developer will not be responsible for damage due to the negligent conduct of the City, its agents, employees or contractors. 6 B. The Developer must periodically sweep streets within the Development, streets within Settler's Glen leading into the Development and County Road 64 in order that the streets be free from debris, stone, rocks and other hazards. During construction the sweeping must be done at least once per week unless directed otherwise by the City Engineer. SECTION 6. INSURANCE. 6.01 Insurance. Developer and their contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above — required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. B. Comprehensive general public liability insurance, including personal injury liability for injuries to persons and /or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the City as an additional insured to the extent of its interest. C. Workers' Compensation insurance respecting all employees in amounts not less than the minimum required by statute. SECTION 7. INDEMNIFICATION. 7.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Public Improvements. 7.02 Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that their failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may 7 include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION 8. EVENTS OF DEFAULT. 8.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: A. Failure by Developer to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. B. Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. C. In each event Developer will be afforded ten (10) days after receipt of written notice to cure the violation and avoid a default. 8.02 Remedies on Default. Whenever any Event of Default occurs, the City may take any one or more of the following actions: A. Suspend work on the project and building permits or certificates of occupancy on private development until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure a default. B. Take action, including legal or administrative action, necessary to secure performance of any provision of this Agreement or for the City to recover any amounts due under this Agreement from Developer or under the Security described in §4.03. C. Undertake to complete the Public Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in §4.03 for the full amount of the estimated work. SECTION 9. ADMINISTRATIVE PROVISIONS. 9.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: Larry D. Hansen, City Administrator City of Stillwater 216 N. 4th Street Stillwater, MN 55082 8 If to Developer: Jon Whitcomb The City and the Developer by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 10. ADDITIONAL PROVISIONS. 10.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 10.02 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 10.03 Modification. If Developer is requested by the holder of a mortgage or by a prospective holder of a prospective mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 10.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 11. TERMINATION OF AGREEMENT. 11.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City, whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. 9 CITY OF STILLWATER By (SEAL) Ken Harycki, Its Mayor and Diane F. Ward, Its City Clerk DEVELOPER MIDWEST REAL ESTATE MANAGMENT, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me, a Notary Public within and for said County, appeared Ken Harycki and Diane F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me, a Notary Public within and for said County, appeared of MIDWEST REAL ESTATE MANAGMENT, LLC, a Minnesota limited liability company, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 10 CONSENT TO DEVELOPMENT AGREEMENT BY FEE TITLE OWNERS Fee Title Owners (the "Owner "), does hereby consent to all terms, conditions and provisions of the foregoing Development Agreement and agrees to be bound by all terms and conditions of the Development Agreement. IN WITNESS WHEREOF, we have caused this Consent to Development Agreement to be executed in its name and on its behalf of this day of , 2013. OWNER OWNER Greg Wallace (marital status) Bill Krech (marital status) If married a spouse must join. If married a spouse must join. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2013, by , the of Fee Title Owner. Notary Public 11 "Hi H I N T t< P L A C i 9 i M N F S J A CITY COUNCIL DATE: August 14, 2013 CASE NO.: 2013 -34 APPLICANT: City of Stillwater and Chuck Dougherty, property owner REQUEST: Appeal of the HPC denial of a design permit for a proposed trash enclosure to be located 101 Water Street North (associated with 127 Water Street South) and consideration of the removal of a Special Use Permit condition ZONING: CBD- Commercial Business District COMP PLAN: DMU- Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planne REQUEST Mr. Dougherty, property owner, is requesting the City Council's consideration of an appeal to the Heritage Preservation Commission's (HPC) denial of a design review permit (DR2013 -34) for a proposed trash enclosure to be located at 101 Water Street North. The HPC denied the request on the basis that the proposed location, at the southwest corner of the parking lot, was not in conformance with the Inn's Special Use Peunit (SUP 94 -39) and a more recently executed Development Agreement. Please see the aerial map for reference. APPLICABLE HISTORY The Water Street Inn operates under the terms of a Special Use Permit (SUP 94 -39). One condition of the SUP is: "All trash receptacles shall be located inside the building ", which refers to the hotel building itself. In March 2011 a Development Agreement was entered into between the City and Water Street Inn for the purposes of exchanging land to make the pedestrian mall possible. In the Development Agreement, it notes: "The City will cooperate with the Developer in an effort to relocate their trash enclose that will be displaced by the acquisition to the west side of the Water Street Inn building. The new enclosure will meet the requirements of the Downtown Design Guidelines and have a minimum of six feet of clearance maintained on the sidewalk between the enclosure and the back of curb for Water Street. The City will reimburse the Developer fifty percent of the cost of the enclosure up to a maximum of $10,000 ". In each reference, it seems clear that the trash enclosure was intended to be located either inside or immediately next to the Inn. PROPOSAL DESIGN The Commercial Historic District Design Manual guidelines state to "screen exterior trash enclosures and storage areas...from view of nearby streets and adjacent structures in a manner that is compatible with the building and site design" and to "Use architectural elements to screen mechanical equipment ". The trash enclosure would be faced with brick to match the Inn and have a prefinished, painted metal panel gate. 101 North Water Street Page 2 While the proposed design meets the design guidelines, the standards for design review indicate landscaping may be reviewed by the HPC. "The location, height and material of walls, fences, hedges, trees and screen plantings..." are to be reviewed "...to ensure harmony with adjacent development or to conceal areas, utility installations or other unsightly development ". The enclosure is proposed to be located in the southwest corner of the parking lot, upon completion of the parking lot improvements. Please see the attached site layout plan for reference. At the time of HPC review, the enclosure was proposed to be 96 square foot (8' deep by 12' wide). Since the HPC's August 5th design review, the property owner has changed the enclosure size; it is now proposed to be (8' deep by 20' wide). The 160 square foot structure will encroach 2' into the 22' two - way driving lane of the private parking lot, leaving the only ingress and egress location 20' wide. The enclosure is now proposed to be located 5' from the back of curb, rather than 6' as proposed earlier. DISCUSSION Staff believes that the trash enclosure proposed by Mr. Dougherty meets the standards of the Design Review Manual, Comprehensive Plan and the Heritage Preservation Ordinance. The application, however, does not meet conditions imposed through Special Use Permit 94 -39, as conditioned by the City Council, the Development Agreement, approved by the City Council, or the lane width requirement outlined in the Zoning regulations. The Council has at least three options: • Uphold the decision of the HPC, denying the design review permit for the trash enclosure proposed to be located at 101 Water Street North; or • Reverse the HPC's decision, approving a 96 square foot trash enclosure to be located at the southwest corner of the parking lot as per the specifications submitted in DR2013 -34. This course of action also necessitates removing the condition of SUP 94 -39 that requires the trash to be stored inside the hotel; or • Reverse the HPC's decision, approving a 160 square foot trash enclosure to be located at the southwest corner of the parking lot as per the specifications submitted in DR2013 -34. This course of action necessitates removing the condition of SUP 94 -39 that requires the trash to be stored inside the hotel. Regardless which option is chosen, staff will bring a resolution back to the Council at the next meeting to memorialize the decision. ATTACHMENTS Case No.: SUP/94 -39 Development Agreement Page 4 Aerial Map Sheet C2.1: Site Layout Plan Sheet C 7.1: Trash Enclosure Detail 3.1.7. The City will cooperate with the Developer in an effort to relocate their trash enclosure that will be displaced by the acquisition to the west side of the Water Street Inn building. The new enclosure will meet the requirements of the Downtown Design Guidelines and have a minimum of six feet of clearance maintained on the sidewalk between the enclosure and the back of curb for Water Street. The City will reimburse Developer fifty percent of the cost of the enclosure up to a maximum of $10,000. 3.1.8. The City will directly pay all survey, document preparation, and recording costs to accomplish the outlined land transfers. ARTICLE 4. DEVELOPER ACTION AND ASSURANCES Section 4.1. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 4.2. Based upon the assurances of the City, Developer will convey the Developer Property to the City subject to the terms of this Agreement. Section 4.3. Developer also consents to the assessment described in §3.1.5 and waives any right to appeal the assessment to the District Court pursuant to Minn. Stat. §429.081. Section 4.4. Prior to conveyance of the parcel, Developer grants to the City a license to enter the Developer's property for the purpose of doing work on the Public Improvements, for a term not to exceed the completion of the work. ARTICLE 5. ACQUISITION Section 5.1. Acquisition. The Developer will convey to the City and the City will accept a conveyance of the Developer's Property, and the City will transfer to Developer and Developer will accept the conveyances of the City property, provided that neither the City nor the Developer are then in default of this Agreement and provided proceedings under Minn. Stat. §440.135 and City Charter provisions Sections XVI have been successfully concluded. Further, before the time of conveyance, both parties must have examined title to land and each must satisfy themselves that the other has good and marketable title to the land being conveyed. 4 CITY OF STILLWATER • • 6t. Case No.: SUP/94 -39 Permit Fee: Date Fee Paid: 5 -27 -94 ZONING USE PERMIT Certificate of Compliance Rezoning Sign X_ Special Use Permit Variance Conditional Use Amended Planned Unit Development Grading Other Applicant: 5.1. C.R.0 *xX f .A.E5EA1/A 7Zoal °Crv. zit/C Address. 3 p to - CO ; p 4 yrc City /State /Zip Code: rw, i.xr .4 -r -47-R ,- /14 J , S-4-17 8 �. Property Description: 127 South Water Street 11999 -2100, NP RY CO LEASE #211866 STILLWATER CITY CHG CODE 8 4 -6 -84 EXC 11999 -2105 CHG CODE 5 6/15/84 & 99908 -0500 Zone District: Central Business District Permitted Use: Construction of a 48 - room hotel, bar /restaurant and conference center at 127 South Water Street. Conditions of Approval: 1. All trash receptacles shall be located inside the building. 2. All habitable spaces and mechanical equipment shall be located one foot above the 100 year flood plain. 3. On Water Street, the drop -off area shall be designed to accommodate three lanes of traffic. 4. All design review conditions of approval shall be met. Any major changes to the design shall be reviewed by City staff and possibly the Design Review Committee. 5. The parking lot to the north shall be improved. (paved, marked, landscaped, and new lights) 6. The City Engineer shall review and comment on traffic circulation. They will be incorporated into the "conditions of approval ". 7. The Parking Commission shall review and comment on the parking program. They will be incorporated into the "conditions of approval ". 8. Hotel, restaurant, and conference center employees shall participate in the City parking permit program and park in the designated City long -term parking lots. • Conditions of Approval 1. Any signage will be submitted for design review. 2. A landscape plan for the parking lot shall be submitted for design review and be consistent with the Lowell Park Plan. 3. A landscape plan for the building site shall be submitted for design review. 4. The design of the project accommodates 48 hotel units, acrd changes which will affect the design of the hotel will require design review. bfilY 5. The HV /AC units shall not be visible from the street. 6. No large antennas shall be viewed from the street. 7. The building line on the Myrtle Street face shall be the same as presently exists and there shall be no canopy as presently exists. 8. All clear glass shall be used. 9. The window frames shall be wood or a material which, visually, resembles wood. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. .64-4-4.1 /J.(4 - Pieer 67)7- Owner or Representative *Dec. .Q8 � /94¢ Date Community Development Director /Z- L-z yy Date ■ Layout Plan (3) M! OLALO Nut- 414AR 1 1 L1 I,%AAF LSAPR Tax 11MagtE F ti PA32Z2E SFr GYRO OPINAIG RJR ORAP VE PATTRTfEO ORN^HffMAL FENCING C44d`R1.$TAR ANIMATE PL/LS A VESTA' 1 RAIL K.G.' d-Fr OL ;WV LAST SFT OF — OLRG QYW — — r' .STEEL SOLL4AT2 (7YP ut) AWE OIMAAIVR SNAIL WW1" AEYINLP Lta' CATE OlAlRILf term coulee IAC.tf ELLt2Rr N CONSTRUCTION NOTES JYIRAO'OAKE ELMO FOR .Fit6 2 JD rAS,v .RTfff/Kt R.Nm, — NEW PAVEMENT SECTION (EXISTING BASE TO REMAIN / RESHAPEXSEE DETAIL SHEET C7.1) \ L / NEW CURD (BST2XSEE DETAIL SHEET C7.1) ACCESSIBLE RAMP (3) NEENAH 2-FT X 2-FT STEEL DOME PLATES (UNPAINTED) NOT TO EXCEED 2% LANDSCAPE ROCK MULCH (4" OF 2 LI MESTONE ROCK OVER HEAVY DUTY LANDSCAPE FABRIC). PROPOSED RAIN GARDEN SECTION INSTALL H.C. SIGNAGE PER DETAIL US' I QRONAL SCALE 1 M'0/ 20 FEET 0 10 20 40 SCALE M PF17 MONTAGE PLUS PO.0 Nora FENCING DETAIL NO SCALE trAW00.1111 1MxaCAPPEO ALUMINA RAIN 114' MONTAGE PLUS'Pail Poo 215 121 a 16ga )5'p( LE0N rick. OW TWOFER ACCESSIBLEYAMGE P9AADA LOCAL ARTATESTA OMOS. MKT EATZRY TOROTWm. 9TEE1 CAP wEIDED TO POST WELD SRO GROUND SSW. AREA WITH IN SioN AREA TO BE HUNTED SWF DM TRANSFER PaDDUCT AYA LAME AT: NOR SOURCE CM' MINE STEEL ME PMO ®A MATCH FICHITFe1RNL TRY COLtlI WARE= MUM' MR.EOLTASS EIRLY mar (IVRPN VAN ICClEtltE ALYNMI POW ALTERNATIVE ASSEMBLY qL SQUARE BOLLARD W /ACCESSIBLE SIGNAGE NOBCALE Bid Set: 04/29/2013 LEGEND A,, PROPOSED CONCRETE PAVEMENT PROPOSED BIT. PAVING CONSTRUCTION NOTES: 1. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL SAFETY LAWS AND BUILDING CODES. ALL WORKMANSHIP SHALL COMPLY WITH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS. 2. ALL FEES AND PERMITS SHALL BE THE RESPONSIBILITY OF THE INSTALLING CONTRACTOR UNLESS NOTED OTHERWISE 3. THE CONTRACTOR IS RESPONSIBLE FOR PROTECTING EXISTING BUILDING, UTILITIES, WALKS, CURB AND PAVEMENT FROM DAMAGE. 4. ALL WORK MUST BE IN ACCORDANCE WITH THE ADA STANDARDS FOR ACCESSIBLE DESIGN AS PUBLISHED IN THE TILE III REGULATIONS (28 CFR PART 36) PUBUSHED SEPTEMBER 15, 2010 ISSUED BY THE DEPARTMENT OF JUSTICE 5. THE PORTLAND CEMENT FOR THE CONCRETE PAVEMENT SHALL CONFORM TO ASTM C-150 AND THE AGGREGATE SHALL CONFORM TO ASTM C33. PLAIN CONCRETE PAVEMENT SHALL BE CONSTRUCTED IN ACCORDANCE WITH SECTION 2461 OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS. CONCRETE SHALL BE READY MIXED CONCRETE AND SHALL BE A MIX OF PROPORTIONED FINE AND COARSE AGGREGATE WITH PORTLAND CEMENT AND WATER. MINIMUM CEMENT CONTENT SHALL BE 6 BAGS PER CUBIC YARD OF CONCRETE AND MAXIMUM WATER CONTENT SHALL BE 5.5 US GALLONS PER SACK OF CEMENT, INCLUDING MOISTURE IN THE AGGREGATE. SLUMP FOR NORMAL WEIGHT CONCRETE SHALL BE A MAXIMUM OF 4 INCHES AND A MINIMUM OF 2 INCHES. THE SLUMP OF MACHINE PLACED CONCRETE SHALL BE NO LESS THAN 1-114 INCH. NO MORE THAN 3 INCHES. STANDARD STRENGTH OF CONCRETE OF 28 DAYS SHALL BE 4.000 PSI, ALL CONCRETE SHALL HAVE AIR ENTRAINMENT OF 5% TO 8% BY VOLUME PER ASTM C-260. RETEMPERING OF DELIVERED CONCRETE WILL NOT BE ALLOWED. 6. CURB RAMPS SHALL HAVE THE FOLLOWING SPECIFICATIONS: A. SURFACE CROSS SLOPES SHALL NOT EXCEED 114 INCH PER FOOT. B. SLOPE IN THE DIRECTION OF TRAVEL SHALL NOT EXCEED 1:12. C. FLARED SIDES SHALL HAVE A SLOPE OF 1:10. D. THE SURFACE OF CURB RAMP AND FLARED SIDES SHALL BE SUP RESISTANT AND BE OF CONTRASTING rINISH FROM THAT OF ADJACENT WORK. E. GROOVED BORDER FLUSH WITH LANDINGS, 7. SHEAR DOWELS 7-0' O.C. AND KEY WAYS TO BE INSTALLED TO PREVENT PAVING OF NEW PAVEMENT WITH EXISTING SIDEWALK. 8" CONTRACTOR SHALL ENSURE THAI SUBBASE IS CORRECTLY COMPACTED WITH A MINIMUM 6' COMPACTED GRAVEL AGGREGATE. 9. THE CONCRETE PAVEMENT REQUIRES WELDING STEEL WIRE FABRIC CONFORMING TO ASTM A185. THE JOINT FILLER SHALL BE NON- EXTRUDING, PRE MOLDED TYPE MEETING ASTM 0-544, CONTRACTION JOINTS SHALL BE 1/4' (MIN. DEPTH OF 1/3 OF SLAB THICKNESS) TOOLED CONTROL JOINTS. 10. THE ASPHALT PAVEMENT AREA SHALL BE A. MNDOT 82357 TACK COAT B. MILLED EDGE EDGE SHALL BE IN A STRAIGHT UNE. C. MILLED MATERIAL SHALL BE REMOVED FROM THE SITE. 11. THE NEW ASPHALT OVERLAY SHALL MATCH THE EXISTING GRADES AT THE EDGE OF THE MILLING AREA 12. PAVEMENT STRIPING (EXCEPT HANDICAP AREA) SHALL BE 4-INCH WIDE WITH WHITE PAINT. HANDICAP AREA SHALL BE 4-INCH WIDE WITH BLUE PAINT. PAINT STRIPING SHALL MEET OR EXCEED MNDOT TYPE I EPDXY PAINT. 13. IT IS RECOMMENDED THAT THE CONTRACTOR NOTIFY GOPHER ONE STATE ONE CALL AT 811 AT LEAST 72 HOURS PRIOR TO CONSTRUCTION. 14, THIS DOCUMENT ADDRESSES THE REDESIGN OF THE ADA RAMPS, PATHWAYS AND HANDICAP PARKING AREAS ONLY AS DIRECTED BY THE CLIENT. THERE MAY BE OTHER AREAS OF PARKING OR SIDEWALKS THAT DO NOT COMPLY WITH CURRENT ADA STANDARDS THAT ARE NOT PART OF THIS SURVEY. THE CONTRACTOR SMALL 1101EY THE ENOIIEHI OF AM 1 NICRIP WEIESA D SHALL NOT CORBOE IRTN ANY VARIC PRMR TO ENOI EERS APPROVAL 'RELOCATION OF LROEIRORE70 RORER OR MUMMER M WORM OH THE PUY*ARE RA/D)ON AWSLNLE REOOAW AT ME 1111ETIE PLANS WERE PRI MEOANDARE NOT GAWRAI(TEEO TO RE COMPLETE OR CORRECT. CONTRACTOR IN RERPBMRlL FOR COMMIS ALL MITER 72 14:001 PRIOR TO OOPISTIWCNON 70 DETPARIE TSE EXACT LOCATIO N OF NI FACILITIES AND TO PROVIDE /MOATS PROTECTOR OF RAM UTIUTEI l.1 THE COURSE OF WORK GONER STATE ONE CALL FS:03ZI 7 INL I HEREBY CERTFY 11405 THIS PLAK W300C0RON OR REKNIT WAS PREPARED SY WE CA UNDER YY ERECT SUPERNSPZN NT THAT 1 AY A CULT LXD6ED PROFESSIONAL EN0IEER MOM THE LANS OF ME STATE OF IIMESOTA TWO A ERICC60N 4194'111 UCENSE NO. O/yz9 /13 DATE: me.. TAf o ®RR 76 /MOM 05/15 /101! ARC JI -146 0 U f w 0 (04 WATER STREET 1 101 SOUTH WATER STREET STILLWATER, MN 55082 C201 SHEET 2 Of 4 LIIIHOHI1N1 1111 2" rPth 11' "4 7WIGl. '' J.: FENCING DETAIL NO SCALE trAW00.1111 1MxaCAPPEO ALUMINA RAIN 114' MONTAGE PLUS'Pail Poo 215 121 a 16ga )5'p( LE0N rick. OW TWOFER ACCESSIBLEYAMGE P9AADA LOCAL ARTATESTA OMOS. MKT EATZRY TOROTWm. 9TEE1 CAP wEIDED TO POST WELD SRO GROUND SSW. AREA WITH IN SioN AREA TO BE HUNTED SWF DM TRANSFER PaDDUCT AYA LAME AT: NOR SOURCE CM' MINE STEEL ME PMO ®A MATCH FICHITFe1RNL TRY COLtlI WARE= MUM' MR.EOLTASS EIRLY mar (IVRPN VAN ICClEtltE ALYNMI POW ALTERNATIVE ASSEMBLY qL SQUARE BOLLARD W /ACCESSIBLE SIGNAGE NOBCALE Bid Set: 04/29/2013 LEGEND A,, PROPOSED CONCRETE PAVEMENT PROPOSED BIT. PAVING CONSTRUCTION NOTES: 1. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL SAFETY LAWS AND BUILDING CODES. ALL WORKMANSHIP SHALL COMPLY WITH THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS. 2. ALL FEES AND PERMITS SHALL BE THE RESPONSIBILITY OF THE INSTALLING CONTRACTOR UNLESS NOTED OTHERWISE 3. THE CONTRACTOR IS RESPONSIBLE FOR PROTECTING EXISTING BUILDING, UTILITIES, WALKS, CURB AND PAVEMENT FROM DAMAGE. 4. ALL WORK MUST BE IN ACCORDANCE WITH THE ADA STANDARDS FOR ACCESSIBLE DESIGN AS PUBLISHED IN THE TILE III REGULATIONS (28 CFR PART 36) PUBUSHED SEPTEMBER 15, 2010 ISSUED BY THE DEPARTMENT OF JUSTICE 5. THE PORTLAND CEMENT FOR THE CONCRETE PAVEMENT SHALL CONFORM TO ASTM C-150 AND THE AGGREGATE SHALL CONFORM TO ASTM C33. PLAIN CONCRETE PAVEMENT SHALL BE CONSTRUCTED IN ACCORDANCE WITH SECTION 2461 OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS. CONCRETE SHALL BE READY MIXED CONCRETE AND SHALL BE A MIX OF PROPORTIONED FINE AND COARSE AGGREGATE WITH PORTLAND CEMENT AND WATER. MINIMUM CEMENT CONTENT SHALL BE 6 BAGS PER CUBIC YARD OF CONCRETE AND MAXIMUM WATER CONTENT SHALL BE 5.5 US GALLONS PER SACK OF CEMENT, INCLUDING MOISTURE IN THE AGGREGATE. SLUMP FOR NORMAL WEIGHT CONCRETE SHALL BE A MAXIMUM OF 4 INCHES AND A MINIMUM OF 2 INCHES. THE SLUMP OF MACHINE PLACED CONCRETE SHALL BE NO LESS THAN 1-114 INCH. NO MORE THAN 3 INCHES. STANDARD STRENGTH OF CONCRETE OF 28 DAYS SHALL BE 4.000 PSI, ALL CONCRETE SHALL HAVE AIR ENTRAINMENT OF 5% TO 8% BY VOLUME PER ASTM C-260. RETEMPERING OF DELIVERED CONCRETE WILL NOT BE ALLOWED. 6. CURB RAMPS SHALL HAVE THE FOLLOWING SPECIFICATIONS: A. SURFACE CROSS SLOPES SHALL NOT EXCEED 114 INCH PER FOOT. B. SLOPE IN THE DIRECTION OF TRAVEL SHALL NOT EXCEED 1:12. C. FLARED SIDES SHALL HAVE A SLOPE OF 1:10. D. THE SURFACE OF CURB RAMP AND FLARED SIDES SHALL BE SUP RESISTANT AND BE OF CONTRASTING rINISH FROM THAT OF ADJACENT WORK. E. GROOVED BORDER FLUSH WITH LANDINGS, 7. SHEAR DOWELS 7-0' O.C. AND KEY WAYS TO BE INSTALLED TO PREVENT PAVING OF NEW PAVEMENT WITH EXISTING SIDEWALK. 8" CONTRACTOR SHALL ENSURE THAI SUBBASE IS CORRECTLY COMPACTED WITH A MINIMUM 6' COMPACTED GRAVEL AGGREGATE. 9. THE CONCRETE PAVEMENT REQUIRES WELDING STEEL WIRE FABRIC CONFORMING TO ASTM A185. THE JOINT FILLER SHALL BE NON- EXTRUDING, PRE MOLDED TYPE MEETING ASTM 0-544, CONTRACTION JOINTS SHALL BE 1/4' (MIN. DEPTH OF 1/3 OF SLAB THICKNESS) TOOLED CONTROL JOINTS. 10. THE ASPHALT PAVEMENT AREA SHALL BE A. MNDOT 82357 TACK COAT B. MILLED EDGE EDGE SHALL BE IN A STRAIGHT UNE. C. MILLED MATERIAL SHALL BE REMOVED FROM THE SITE. 11. THE NEW ASPHALT OVERLAY SHALL MATCH THE EXISTING GRADES AT THE EDGE OF THE MILLING AREA 12. PAVEMENT STRIPING (EXCEPT HANDICAP AREA) SHALL BE 4-INCH WIDE WITH WHITE PAINT. HANDICAP AREA SHALL BE 4-INCH WIDE WITH BLUE PAINT. PAINT STRIPING SHALL MEET OR EXCEED MNDOT TYPE I EPDXY PAINT. 13. IT IS RECOMMENDED THAT THE CONTRACTOR NOTIFY GOPHER ONE STATE ONE CALL AT 811 AT LEAST 72 HOURS PRIOR TO CONSTRUCTION. 14, THIS DOCUMENT ADDRESSES THE REDESIGN OF THE ADA RAMPS, PATHWAYS AND HANDICAP PARKING AREAS ONLY AS DIRECTED BY THE CLIENT. THERE MAY BE OTHER AREAS OF PARKING OR SIDEWALKS THAT DO NOT COMPLY WITH CURRENT ADA STANDARDS THAT ARE NOT PART OF THIS SURVEY. THE CONTRACTOR SMALL 1101EY THE ENOIIEHI OF AM 1 NICRIP WEIESA D SHALL NOT CORBOE IRTN ANY VARIC PRMR TO ENOI EERS APPROVAL 'RELOCATION OF LROEIRORE70 RORER OR MUMMER M WORM OH THE PUY*ARE RA/D)ON AWSLNLE REOOAW AT ME 1111ETIE PLANS WERE PRI MEOANDARE NOT GAWRAI(TEEO TO RE COMPLETE OR CORRECT. CONTRACTOR IN RERPBMRlL FOR COMMIS ALL MITER 72 14:001 PRIOR TO OOPISTIWCNON 70 DETPARIE TSE EXACT LOCATIO N OF NI FACILITIES AND TO PROVIDE /MOATS PROTECTOR OF RAM UTIUTEI l.1 THE COURSE OF WORK GONER STATE ONE CALL FS:03ZI 7 INL I HEREBY CERTFY 11405 THIS PLAK W300C0RON OR REKNIT WAS PREPARED SY WE CA UNDER YY ERECT SUPERNSPZN NT THAT 1 AY A CULT LXD6ED PROFESSIONAL EN0IEER MOM THE LANS OF ME STATE OF IIMESOTA TWO A ERICC60N 4194'111 UCENSE NO. O/yz9 /13 DATE: me.. TAf o ®RR 76 /MOM 05/15 /101! ARC JI -146 0 U f w 0 (04 WATER STREET 1 101 SOUTH WATER STREET STILLWATER, MN 55082 C201 SHEET 2 Of 4 PFE-F% MTV 9LL FL\9IIG GORY. MART NOTES: CRACK CONTROL JOINTS: 1) JOINT SPACING SHALL DIAMOND BLADE CUT 6 -FT ON CENTER TO A 2" DEPTH. EXPANSION JOINTS: 1) 45' ON CENTER MAXIMUM OR AS SHOWN ON PLANS. 2) JOINT SEALER SHALL MEET ASTM 0 -412, GRAY, SELF LEVELING, EPDXY, AS %NTH 'QUICKJOINT 300" OR EQUAL. 6" CONCRETE - 6 "X6 ", #10 WWM, 6,000 PSI, AIR ENTRAINED, BROOMED FINISH 6' AGGREGATE BASE, CL5, COMPACTED TO 100% STANDARD PROCTOR REMOVAL AND REPLACEMENT OF EXISTING SUBGRADE AS REQUIRED, COMPACTED AND TEST ROLLED. CONCRETE SECTION FOR WALK/DUMPSTER /APRON(S) NO SCALE w R,E -111190D MR. RASING ON I/2' PLY/0. SHEATHING 2', TREATED %I PDX DA. A8'S S 42' 0.0 WHO 91.1. I/ (4R. PROVIDE EMBEDDED STL. PIPE RECEIVERS FOR CANE BOLTS - FIELD LOCATE 6" CONC. SLAB ON COMPACTED BASE W/ 6x6 W2.9 x W2.9 WWM 1' -8" COSit 0171.7, Detail Sheet F? • INN r'. "1•■ = =1•1? 2.1 21=1111•1111=11 _:-1 II�M�I•■■: 1 ■1111111111111111 IFi :.1 111111111111==n 11 I �®11iii�i® IN �t i -,1I� 111'111,11 I- ��_1--! :11,I•1111M=M11�'I •I rEal=1=1212=Mil MI 1111 ■I I ■1 MI ■I I1 ■1 ■I I ■1 STRUCTURAL SECTION 1' -8" PLAN VIEW -m� 1 1/2" BITUMINOUS YEAR COURSE MN DOT SPEC. 2360 MV4 (MILL OVERLAY SECTION ALSO) MN DOT #2357 BITUMINOUS TACK COAT 2" BITUMINOUS BASE COURSE MN DOT SPEC. 2360 MV3 AGGREGATE BASE, COMPACTED TO 100% STANDARD PROCTOR SUBGRADE CORRECTION AS REQUIRED BY ENGINEER & MECHANICALLY COMPACT SUBGRADE OVER UTILITY TRENCHES TO 95% PROCTOR (MnDOT FABRIC TYPE 5, MAY BE REQUIRED AS DIRECTED BY ENGINEER). STANDARD PAVING SECTION DETAIL NO SCALE T.O. LL 106' -8" BRICK COLOR: TO MATCH EXISTING BUILDING oloT.O. SLAB 100' -0" 061-.0. WALL_ 106' -8" T.0. LAB 100' -o" ■ 1=11 I ∎99-99-99-99-∎ - 99-99- 99-99 - M 99- 99-99 ■1∎1.99 - -=InIIM∎IMME 99-99-99- 99-99- 99 -99 -- �• 99 1111•∎ ■-99-99-99-99-99 -99-99-99- - X99 -9•1111 11 ∎11∎ 99-99-99-99-99-99 -- 8F -0" SIDE VIEW FRONT �99-99- 999 - ∎ ∎9 •IMMINI INII∎ ■9 ∎�99- ∎ ∎�99 -- 0>.99•11 ∎11 -99-99-99-99 -99-9 99- 99-99- 99-99-99-99- ∎Z∎ ∎ ∎ZZ�ZZ� Z- TOP BIT. MAT BASE 3/6" 3 "R SLOPE 3/4' PER FT. 6' 12' 6' B612 CURB & GUTTER NO SCALE Z-FT 7YP. BIKE RACK SPACING Addendum 08/08/2013 /2 "R 1 -1/4' GALVANIZED /BLACK POWDER COAT 30" ° BRICK COLOR: TO MATCH EXISTING BUILDING C3x4.1 GATE FRAME PROVIDE TRIANGLE OF 1/4 "x8 "x8" WELD AT CORNERS (PAINT) 2x4 TREATED BLOCKING BOLT TO CHANNEL W 5/8" DIA CADMIUM PLATED BOLTS 5/8" THREADED ROD WELDED TO STEEL GUSSET PLATE 6" CONC. FILLED STL. PIPE BOLLARD TURNBUCKLES TRASH ENCLOSURE DETAIL REAR VIEW : MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: August 15th, 2013 RE: Cost and Funding Mechanisms for Downtown Improvement DISCUSSION There are a number of projects along Lowell Park ongoing or upcoming and staff wanted to give an update of the costs and how they are proposed to be paid for: PROJECTED PROJECT COSTS Downtown Parking Lots(Nelson to Mulberry) Including Water Street Inn Amphitheatre Grading Soil Remediation (Corps Project) estimated Parking Lot North of Mulberry Finish Ped Plaza, Sidewalk and Install Amphitheatre Stage Lowell Park Bathroom TOTAL COSTS PROPOSED FUNDING SOURCES Lowell Park Improvement Fund DNR Flood Hazard Mitigation Grant Pedestrian Plaza(remaining balance) Water Street Inn Assessment Stage 3 Levy Wall Fund Downtown Parking Fund T.I.F Fund TOTAL FUNDING SOURCES RECOMMENDATION $608,201.58 $34,187.50 $200,000 estimated $170,000 estimated $80,000 estimated $300,000- 345,000 est $1,392,389- 1,437,389 $377,000 $180,000 $80,000 $125,000 $75,000 $100,000 $455,000 - 500,000 $1,392,000- 1,437,000 Staff recommends that Council approve the funding sources for the above - mentioned projects MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, erector of Public Works DATE: August 15th, 2013 RE: Downtown Parking Lot Improvement Project Project 2012 -06 DISCUSSION Bids were opened for the Downtown Parking Lot Improvement Project on Thursday August 15th. This project includes reconstructing the parking lots from Nelson Street to Mulberry Street and includes the Water Street Inn Parking Lot. (Per the 2011 Developers Agreement with the St. Croix Preservation Co_ Inc. the City would reconstruct the lot assess 100% of the parking lot cost to the property owner). The City received three bids with the low bid submitted by Hardrives in the amount of $581,450.46. This was slightly higher than the engineer's estimate of $561,000. Work would begin in September and be substantially completed by the end of November. RECOMMENDATION It is recommended that the City accept the bids submitted for the Downtown Parking Lot Improvement Project 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 DOWNTOWN PARKING LOT IMPROVEMENT PROJECT (PROJECT 2012 -06) ACCEPTING BID AND AWARDING CONTRACT FOR DOWNTOWN PARKING LOTS IMPROVEMENTS (Project 2012 -06) WHEREAS, pursuant to an advertisement for bids for the Downtown Parking Lots Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Hardrives, Inc., Rogers, Minnesota $581,450.46 Dresel Contracting, Inc., Chisago City, Minnesota $622,130.00 T.A. Schifsky and Sons, Inc., North St. Paul, Minnesota $639,782.00 ENGINEER'S ESTIMATE $560,000.00 and WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Hardrives, Inc. of Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 20th day of August 2013. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk CITY COUNCIL DATE: August 15, 2013 TO: City Council FROM: Abbi Jo Wittman, City Planner (fi RE: Contract Agreement between Donald Empson and the City of Stillwater for the development of Walking Tour of Historic Homes DISCUSSION The City received a Certified Local Government grant from the State Historic Preservation Office for the creation of a self - guided, audio- visual program about Stillwater's historic homes. The main objective of this project is to complete research, collect photos, and create a series of video podcasts of various residential buildings in Stillwater's historic neighborhoods. The City send RFPs to 19 firms for the project and received two proposals from Donald Empson and Hoisington Preservation Consultants. Each of the proposals has its own set of strengths: Donald Empson • Considerable historical research experience in Stillwater. Based upon experience, Don identified houses in a three block area on the North Hill that would work very well as the City's first residential walking tour. • Local ties will enable Don to interview owners of each of the properties. • Each videocast would include not only pictures and stories of the property and owners, but would also identify architectural details of the highlighted residence and how they fit with the general architectural style of the house and period of construction. • Don would produce the 14 requested podcasts plus a 15tH podcast set in Pioneer Park as an introduction to the walking tour. Hoisington Preservation Consultants • Considerable experience producing historical podcasts for both commercial and residential properties in a number of cities. • Pioneering experience producing walking tours that use brochures coupled to videocasts played on personal hand held devices. 2013 -2014 CLG Grant Contract Agreement Page 2 • Produced the current video walking tour for Downtown Stillwater. • Submitted the lower "bid" of the two received for the project. Since Dan took ill during the middle of this past year's videocast project, which threw scheduling off, Dan has discounted this year's project bid price. HPC RECOMMENDATION The HPC held a special meeting on August 12th to hear presentations by each consultant. The four members of the HPC present in the meeting (Chairman Larson and Commissioners Goodman, Johnson and Welty) scored the merits of each of the proposals and presentations based on criteria outlined in the RFP as well as whether or not the proposed product met the individual expectations of a historic homes walking tour public education program. The tallied results were a tie. Discussion ensued regarding how each of the programs proposed were different from one another. Mr. Hoisingtori s approach is geared toward a broader public and tourism: highlighting stories of the homes and owners, but including architectural style and details as part of a structure's story. But the HPC ultimately preferred the approach of Mr. Empson, which is geared toward the "old house lover ": site selection of 14 residences representing a wide range of architectural styles, identification of architectural details of the highlighted residence and how they fit with the period of construction. However, since this would be Mr. Empsori s first video podcast production project, the Commission further discussed their desire to place additional "work in progress" measurements into the contract. Those include: o By September 27, 2013 two sample scripts shall be submitted by the consultant to the HPC for review and content editing. o At the December 3, 2013 two complete, or near complete, podcast samples shall be presented to the HPC. These samples shall be representational of all finished podcast productions. o By February 27, 2014 scripts of all fourteen podcast productions shall be submitted by the consultant to the HPC for review and content editing. The HPC further noted they would not commit to recommending a partial release of funds (as requested in the proposal submitted) but would consider this as work progressed towards the end of 2013. This is noted in the attached contract agreement. After all discussion took place and by a 3 -1 vote, the HPC recommended the City Council enter into an agreement for services with Mr. Donald Empson. 2013 -2014 CLG Grant Contract Agreement Page 3 HPC RECOMMENDATION The Heritage Preservation Commission recommends that the City Council enter into a contract with Donald Empson for the creation of a City of Stillwater Public Education Program Walking Tour of Historic Homes. ATTACHMENTS Resolution 2013 Contract Agreement Request for Proposals Addendum #1 Donald Empson Proposal Hoisington Preservation Consultant Proposal CITY OF STILLWATER HERITAGE PRESERVATION COMMISSION REQUEST FOR PROPOSALS /QUALIFICATIONS FOR PROFESSIONAL SERVICES City of Stillwater Public Education Program Walking Tour of Historic Homes Proposals Due: 4:30 p.m. on Thursday, August 1, 2013 1. Purpose 1.1. Background Information The City of Stillwater is a dynamic and vibrant community, nestled along the bluffs of the St. Croix River, one of America's protected Wild and Scenic Rivers. Stillwater is a stand -alone City within the Metropolitan Urban Service Area (MUSA), located just 20 miles east of the Twin Cities metropolitan area. The City is a historic community with a growing population of 18,638 residents with a median home value of $242,000. Stillwater is one of the most visited cities in Minnesota, featuring a historic downtown, well known for its quality restaurants and shops featuring antiques, art, rare books and various specialty items. The City is also well known for its restored riverboats, Victorian bed and breakfasts, and seasonal recreation activities on the St. Croix River. In December 2005 the City of Stillwater was designated a Preserve America Community. The Preserve America initiative is a White House effort to encourage and support community efforts for the preservation and enjoyment of America's priceless cultural and natural heritage. 1.2. Previous Related CLG and Preservation Work by the Stillwater HPC As its first CLG project in 1992, the City of Stillwater hired a consultant to prepare a historic context document entitled Stillwater Historic Contexts: A Comprehensive Planning Approach. The document was funded with local funds and a CLG Grant. One of the recommendations in the context study was to divide the city into 17 manageable neighborhoods, called Historic Preservation Planning areas, for survey and evaluation purposes. Ten of the seventeen neighborhoods have been surveyed to date. In each of the surveys, local significance was identified and a preliminary determination for local designation was done for each property within the surveyed area. 1 The ten neighborhoods that have already been surveyed are: North Hill Original Town South Hill Original Town Sabin/Greeley Addition Dutchtown Neighborhood Holcombe District Hersey Staples & Co. Carli & Schulenburg's Addition Churchill, Nelson & Slaughter's Addition -West Half Churchill, Nelson & Slaughter's Addition -East Half Staples Mays Addition These surveys have been funded with local funds, in -kind match and CLG Grants. With a 2005/2006 CLG Grant, the City hired a consultant to prepare a plan for identifying potentially significant historic structures and sites in the community and to develop a plan to implement a local historic designation program. The work resulted in identifying 776 "Heirloom Homes" and 61 "Landmark Sites" in the City that could be included in a local designation program. Heirloom Houses are a cross - section of homes that are representative of nineteenth century Stillwater. The homes contain a fair amount of their original design elements. These homes are generally not eligible for listing on the National Register of Historic Places; however, due to the local value they should be recognized. Landmark Houses and Sites are the finest old homes and most remarkable sites in Stillwater. They have architectural integrity and they have a strong connection to the history of Stillwater. They sites may be eligible or are already listed on the National Register of Historic Places. Copies of all of the above material can be found on the City's website at http: / /www.ci.stillwater.mn.us/ and looking under Community Information — Neighborhood Histories. Starting in 2007, the City of Stillwater, in conjunction with a paid consultant, completed the first of three phases of the Heirloom Home and Landmark Sites program. This first phase involved the development of an on -line interactive and searchable database for properties the Heirloom Home and Landmark Site program. The City undertook the second phase of the program in 2008 and the final phase in 2010. Currently 150 residential properties are listing on the site. 113 are listed as Heirloom Houses and 37 are listed as Landmark Houses. The site can be found at http: / /www. stillwater- mn.org/hpc /Sample_interface /Categories /home.asp 2. Project Description 2.1. Work Summary and Objective The City of Stillwater seeks to hire a consultant to prepare a self - guided, audio - visual program about Stillwater's historic homes. The main objective of this project is to complete research, collect photos, and create a series of video podcasts of various 2 residential buildings in Stillwater's historic neighborhoods. Also, a walking tour guide and educational guide will be produced. A historian meeting the professional standards of the Department of the Interior will be contracted to complete the above items. Supplemental research will be completed as necessary in a variety of primary and secondary sources. 2.2. Description of Final Products The final products will include three main components: 1) A walking tour guide: a) identifying all Stillwater homes that are listed on the National Register of Historic Places; b) showing the outline of the City's historic neighborhoods; and c) locating 14 selected homes for which video podcasts will be produced. Color and black & white pictures will be used in the guide, which will include pictures of a minimum of 20 homes. This guide will be comprehensive enough for visitors to use on the walking tour and it will list reference materials for those visitors interested in additional information. 2) 14 accompanying video podcasts to highlight each of the selected residential properties. The podcasts need to be formatted so they can be placed on the City of Stillwater's YouTube Channel, website and burned to CD /DVD. 3) A guide available for download outlining educational uses for the video podcast and walking tour guide. 2.3. Project Work Plan The consultant will prepare and submit to the City a Project Work Plan that describes the consultant's approach to completing the elements of the project along with a timeframe for completion. As part of the CLG grant the City is committed to the following major milestones. Any necessary modifications to the major milestones must be addressed in the proposal. 2.3.1. Monthly written updates will be provided by the consultant to the City's project director. The updates are due in the SHPO Grants Office by the 15th of each month. These updates need only be a few sentences in length. 2.3.2. By October 3, 2013, a list of the 14 properties to be featured in the video podcasts will be submitted to the Stillwater HPC. The HPC will have created a list of potential properties from which the consultant may make selections. 2.3.3. By November 28, 2013, a sample script for one of the featured properties shall be submitted to the Stillwater HPC for review. 2.3.4. By January 2, 2014, a sample audio file shall be submitted for one of the featured properties to the Stillwater HPC for review. 2.3.5. By February 27, 2014, a draft brochure will be submitted to the Stillwater HPC for review. 2.3.6. By May 1, 2014, a draft of all podcasts will be submitted to the Stillwater HPC for review. 2.3.7. By June 15, 2014, final podcasts, walking tour brochure, and educational guide will be submitted to the City of Stillwater. 3 2.3.8. By July 15, 2014, final products and director's report will be submitted to the Minnesota Historical Society Grants Office by the City of Stillwater. 2.4. Meetings The consultant will attend a minimum of two HPC meetings in Stillwater. The preferred two meetings are September 2, 2013 for an introduction and overview of the project and May 5, 2014 to review the final work product and acceptance of work by HPC. The HPC reserves the right to require additional meetings to review material and project progress reports as necessary. 2.5. Deadlines and Meetings Per terms of the grant, the project is required to be completed by June 30, 2014. The following is outline of required meetings and deadlines. The schedule can be modified if necessary as long as the June 30, 2014 deadline is met. Any anticipated schedule modifications should be addressed in the proposal. July 2013 Aug 2013 Sept 2, 2013 Sept — Nov 2013 Oct 3, 2013 Nov 28, 2013 Jan 2, 2014 Feb 27, 2014 May 1,2014 June 15, 2014 July 15, 2014 July 15, 2014 City advertises request for proposals City selects consultant Project director, HPC members and consultant will meet to discuss project goals, expectations and parameters. Project director will also coordinate with the external stakeholders to get their feedback on the project. Project director, HPC members and consultant will research photos, histories and stories of selected buildings. List of 14 properties to be featured in the podcasts will be submitted by the consultant to the Stillwater HPC. A sample script for one of the featured properties shall be submitted to the Stillwater HPC for review. Sample audio file shall be submitted for one of the featured properties to the Stillwater HPC for review. Draft walking tour brochure will be submitted to the Stillwater HPC for review. Drafts of all podcasts will be submitted to the Stillwater HPC for review. Final podcasts, walking tour brochure, and educational guide will be submitted to the City of Stillwater. Final products and director's report will be submitted to the Minnesota Historical Society Grants Office by the City of Stillwater. Project close -out 2.6. Professional Qualifications The consultant personnel shall meet the Secretary of the Interior's Professional Qualifications Standards (as published in the Federal Register of September 29, 1983.) 4 2.7. Updates to the HPC The consultant shall provide monthly written progress reports. The reports should be short in nature (one or two paragraphs). The reports must be submitted to City Staff by the 1st day of each month, September 2013 through June 2014. The City will incorporate the consultant's progress reports into the HPC's monthly progress report submitted to the State Historic Preservation Office (SHPO) by the 15"' day of each month for the duration of the project. The HPC may request other written progress reports as necessary. 2.8. Final Products The consultant will create, produce, and supply to the City the following items: 2.8.1. A minimum of 10,000 two -sided full color walking tour brochures. The brochures shall be 11x17 folded brochures and be printed on 100 #, gloss paper stock. Original digital files (PageMaker, InDesign, Publisher, etc.) and PDF files in both a high quality print and web file types shall be provided. 2.8.2. Fourteen digital video podcasts. The podcasts need to average four minutes in length. The consultant shall publish the files on YouTube and make them available free of charge. The consultant shall produce a CD/DVD version of the podcast that can be distributed to the general public and provide five master disks to the City that can be used to mass produce disks from. 2.8.3. Website that includes a digital version of the walking tour brochure and video podcasts along with the educational guide. Along with the above items, three master hard copy of all printable materials and five digital masters of all of the material produced needs to be submitted. 2.9. Budget and Support Services The consultant's contract will be funded by a $9,000 Certified Local Government Grant from the Minnesota Historical Society. The City will provide a cash match in the amount of $4,000. Total available funding to pay for the consultant services is $13,000. An additional $3,750 is available from the City to cover the consultant's costs for printing the walking tour brochures. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. The City of Stillwater will administer the grant project. 3. Submission Requirements 3.1. Project Work Plan The consultant shall provide a proposal that establishes a general concept for the program, including a proposed timeline, which is based on the above "Project Description ". 3.2. Project Cost The consultant shall provide a separate cost for each product. The cost will be a not- to- exceed fee for the requested services. 3.3. Statement of Qualifications 5 A Statement of Qualification from the consultant covering the following information: 3.3.1. Provide a brief description of the consultant's capability, history and organization. 3.3.2. Identify the name of the person designated as the contact person for this proposal with mailing address, telephone number, fax number and e -mail address. 3.3.3. Resumes of individuals who will carry out the proposed project development and their respective roles in the project. 3.3.4. Develop a work program and schedule for the proposal. 3.3.5. Provide information on similar project completed by the consultant, including contacts that can be used for reference. 3.4. Number of Proposals Submit six copies of the proposal. 3.5. Submission Deadline Proposals are to be received in the office of the Community Development Department no later than 4:30 p.m. on Thursday, August 1, 2013. No late proposals will be considered. Proposals may be mailed or hand delivered to: Bill Turnblad Community Development Director Stillwater City Hall 216 Fourth Street North Stillwater, MN 55082 4. Other Specific Requirements 4.1. The City of Stillwater reserves the right to accept or reject any and all proposals. 4.2. The fees quoted in this packet will be the maximum paid in total unless an amendment to the contract is approved by both parties. 4.3. Proposals received in response to this invitation shall become the property of the City of Stillwater and shall be retained on file, and by reference will become a part of any subsequent formal agreement. 4.4. Acknowledgement of Consultant 4.4.1. In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates. 4.4.2. No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color. 6 4.4.3. The consultant agrees any publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain an acknowledgement of Historic Preservation Fund grant funds and nondiscrimination policy as follows: "The This program is financed in part with federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of Interior. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, DC 20240." 4.4.4. The consultant is not debarred or suspended or is otherwise excluded form or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. 4.4.5. Other financial contributions may be acknowledged in the document as directed by the City. 5. Evaluation Criteria Proposals will be evaluated by the City of Stillwater on the following: 5.1. Qualifications 5.1.1. Recent consulting experiences with similar types of projects. 5.1.2. Work experience and educational background of assigned staff members and their direct knowledge /experience specific to Stillwater. 5.1.3. Demonstrated understanding of the scope of the work to be completed. 5.1.4. Compliance with the Secretary of the Interior's Professional Qualification Standards for history and architectural historic as published in the Federal Register of September 29, 1983. 5.2. Proposed Project Work Plan Overall content and concept 5.3. Cost Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in the RFP /RFQ. 7 5.4. Time Schedule Ability to comply with the proposed time schedule for the project. 5.5. Oral Presentation Following a review of the written responses to this Request for Qualifications, the City of Stillwater may invite a limited number of consultants to present their proposal to a committee made up of HPC members and City staff. The quality of the consultant's oral presentation will be considered in the selection process. For questions or additional information, please contact: Bill Turnblad, City of Stillwater 216 Fourth Street North Stillwater, MN 55082 (651) 430 -8821 bturnblad @ci.stillwater.mn.us 8 APPROVAL OF AGREEMENT WITH DONALD EMPSON BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Donald Empson and the City of Stillwater for the City of Stillwater Public Education Program Walking Tour of Historic Homes project in the amount not to exceed $16,750 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the Stillwater City Council this 20th day of August, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk CONTRACT AGREEMENT THIS AGREEMENT, is made this kial* day of w S , 2013 by and between the City of Stillwater, Washington County, Minnesota (hereinafter called the "City ") and Donald Empson (hereinafter called "Contractor "). 1. The Work. The Contractor agrees to perform and complete work for the Historic Downtown Stillwater Podcasts project. All work will be done in a workman -like manner and materials will be fit for the purpose. Work must be completed according to the RFP attached as Exhibit A, the RFP Addendum attached as Exhibit B, and the work plan submitted by the Contractor attached as Exhibit C with the following amendments: To establish a work in progress schedule, Exhibit A, Section 2.3, Project Work Plan, shall be amended to include: 2.3.2a. By September 27, 2013 two sample scripts shall be submitted by the consultant to the HPC for review and content editing. 2.3.2b. At the December 3, 2013 two complete, or near complete, podcast samples shall be presented to the HPC. These samples shall be representational of all finished podcast productions. 2.3.5a. By February 27, 2014 scripts of all fourteen podcast productions shall be submitted by the consultant to the HPC for review and content editing. 2. Rate of Compensation. Compensation to the Contractor shall not exceed $16,750. Compensation shall follow the terms of the RFP, the RFP addendum and the consultant work plan attached as Exhibits A, B and C with the following notation: The HPC may recommend to the City Council that a payment up to $6,500 be made in the 2013 calendar year if the HPC is satisfied with the Contractor's progress and half of the work has been completed. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work according to the General Requirements, General Conditions, and Specifications for the project. 4. Indemnification. Any and all claims that arise or may arise against the Contractor, its agents, servants or employees, as a consequence of any action or omission on the part of the Contractor while engaged in the performance of this work shall in no way be the obligation or responsibility of the City. The Contractor shall indemnify, hold harmless and defend the city, its officers and employees, against any and all liability, loss cost damages, expenses, claims or actions, including attorneys fee which the City, its officers or employees may hereinafter sustain, incur or be required to pay, arising out of or by any reason of any act or omission of the Contractor, its agents, servants or employees in the execution, performance or failure to adequately perform their obligations under this contract. 5. Completion Date. Completion of work related this project must be completed by July 15, 2013. 6. Ownership of Documents and Plans. All materials produced by the contractor during the course of the project shall be owned by the City of Stillwater. CITY OF STILLWATER By: Ken Harycki, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of , 2013 by Ken Harycki, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public Commission Expires: Commissioned At: CONTRACTOR By: STATE OF MINNESOTA COUNTY OF ) ss. Donald Empson The foregoing instrument was acknowledged before me this / of �i�� , 2013 by Donald Empson. Notary Public Commission Expires: / /3// ,t0l'? Commissioned At: kf_4I, +it C,oisi/ CAROLS. DANIELSON ' NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2017 THE Bi Rt NPLA C E OF MINNESO ?A City of Stillwater Public Education Program Walling Tour of Historic Homes Addendum #1 The following clarifications are noted: 2. Project Description 2.2. Description of Final Products The final products will include three main components: 1) A walking tour guide: a) identifying all Stillwater homes that are listed on the National Register of Historic Places; Clarification: A link to an online resource for all National Register of Historic Places may be placed on the walking tour guide. b) showing the outline of the City's historic neighborhoods; and Clarification: A link to an online resource of the City's historic neighborhoods may be placed on the walking tour guide. c) locating 14 selected homes for which video podcasts will be produced. Color and black & white pictures will be used in the guide, which will include pictures of a minimum of 20 homes. This guide will be comprehensive enough for visitors to use on the walking tour and it will list reference materials for those visitors interested in additional information. Clarification: A minimum of 20 pictures shall be used for the guide, opposed to the minimum of 20 homes. 2.8. Final Products 2.8.3. Website that includes a digital version of the walking tour brochure and video podcasts along with the educational guide. Clarification: The City shall provide the website for the digital version of the walking tour brochure and video podcasts along with the educational guide. 2.9. Budget and Support Services The consultant's contract will be funded by a $9,000 Certified Local Government Grant from the Minnesota Historical Society. The City will provide a cash match in the amount of $4,000. Total available funding to pay for the consultant services is 1 $13,000. An additional $3,750 is available from the City to cover the consultant's costs for printing the walking tour brochures. Clarification: The additional $3,750 is available for production and printing the walking tour brochures. All other provisions of the City of Stillwater Walking Tour of Historic Homes Public Education Program Request for Proposals /Qualifications shall remain as written. For questions or additional information, please contact: Bill Turnblad, City of Stillwater 216 Fourth Street North Stillwater, MN 55082 (651) 430-8821 bturnblad @ci.stillwater.mn.us 2 Proposal for the City of Stillwater Public Education Program: Walking Tour of Historic Homes 2013 -2014. Donald Empson I am proposing 15 digital video podcasts and walking tour per Section 2.8.2 of the Stillwater R.F.P. This walking tour will encompass 14 historic houses in the North Hill neighborhood —all of them within a 3 -block square area. This selection of homes represent all the major architectural styles of the Nineteenth Century, as well as a vision of Stillwater's oldest and most - intact neighborhood. The houses I will present are: 504 N. 2nd 604 N. 4th 122 W. Linden 107 E. Laurel 402 N. 4th 410 N. 4th 414 N. 4th 420 N. 4th 626 N. 4th 625 N. 5th 222 W. Laurel 102 School 401 N. 3rd 510 N. 3rd 424 N. 3rd 210 E. Laurel (14 chosen from these 16 homes) The 15th podcast would be set in Pioneer Park to introduce myself as the tour guide; to point out the significance of the North Hill, and the role of the Second Street Hill as the first road out of the downtown "original bowl" This initial podcast would also point out the location of the Staples Mansion, the Sabin Mansion, and the cemetery that once occupied most of the area. The podcasts would be a combination of video, still photographs of each house, and its architectural details: reference materials, e.g. a newspaper clipping about the house: historic photos of the houses when available: illustrations of the architectural styles in general: photographs of the builders /owners: and other pertinent materials that are available. The whole podcast would be intended to educate the users about Stillwater houses in particular, and how they fit the pattern of Nineteenth Century domestic architecture. I will prepare and print the walking tour brochure as described in Section 2.8.1 of the Stillwater R.F.P. I believe this brochure should contain 1.) A brief explanation of the project and the City's sponsorship; 2.) A reference to the Heirloom /Landmark website where more houses, as well as the footnotes and reference materials for the podcast houses, can be found; 3.) A general map from downtown to the North Hill to Pioneer Park where the tour begins; 4.) A specific map —in good size —of the walking tour; 5.) A brief history of the North Hill; 6.) Individual photos of the podcast houses large enough to recognize including the captions; 7.) A description of how to access the podcasts; 8.) A list of reference materials (the Heirloom /Landmark site) and an acknowledgment of the St. Croix Collection at the Stillwater Public Library and the Washington County Historical Society; 9.) Acknowledgment of the funding sources and legal language; lo.) A link to the houses in Stillwater on the National Register; u.) A link to an online guide to the City's historic neighborhoods; 12.) QR codes for each house. 13.) All of this in type large enough so the old folks can read it easily. 1 07/20/13 Within the podcasts, I will provide some historic photographs and some interior views, which should satisfy the requirement of 20 house photographs. (I am unsure there is room in the brochure for 20 photographs, but I could prepare it if you wish.) Section 2.2.3. in the Stillwater R.F.P. calls for a guide outlining educational uses for the podcast and brochure. It seems to me that the educational uses of a walking tour of historic houses are pretty self evident, but I can make some suggestions on potential educational uses. When the project is completed, I will approach the local newspaper reporters: Mary Divine, Kevin Giles, etc. about doing a feature story on this project. Section 2.3 outlines a time table that I would follow. I would envision doing all the video this fall before the snow flies, and then doing the editing over the winter. I would envision having the project finished no later than May. Selection of the consultant is to be in August. I would like to begin the project as soon as possible. I will adhere to Section 2.4 (Meetings) and Section 2.5 (Deadlines and Meetings) as well as Section 2.7 (Updates to the H.P.C.). Section 2.8.3 describes a website that includes a digital version of the walking tour brochure, and video podcasts, along with the educational guide. I am not sure exactly how that will work within the Stillwater website, but I certainly can do it, given guidance by the City. The fee of $13,000 is acceptable. It is difficult to set out individual budget items because I cannot say how many hours various parts of the project will entail. I will have to buy some movie editing software, and I may pay a graphic artist to do the brochure because I would like a very professional job. I have obtained an estimate for printing the brochure, and it falls well within the allocated $3,75o. If you agree half the work is done by December 31, 2013, I would like to be paid half the total, $6,500 in calendar year 2013. 2 07/20/13 I have lived in Stillwater for over 20 years, and much of that time has been spent on writing about or researching the old houses. I know many of the old house owners, and I have been inside many of these old houses. Before moving to Stillwater, I spent another 20 years researching and writing about St. Paul homes. I will be doing all the work myself, although my wife —a journalist —will help with the writing. As for references, I have now done 8 C.L.G. projects for the H.P.C., and I have worked with several of the H.P.C. members on informal old houses issues. At this point, I do not think even the most glowing recommendation from an outside person would sway whatever view the H.P.C. and S.H.P.O. might hold of my work. I am enthusiastic about developing this project because I have long thought about establishing walking tours. Moreover, at this period in my life, I have the time to do an exemplary job, one that, hopefully, will set the standard for future tours of this kind. 3 07/20/13 Donald Empson 1206 2nd Street N. Stillwater, MN 55082 (651) 351 -0172 empson @usfamily.net Education University of Minnesota, Minneapolis: Bachelor of Arts Degree, 1965. Minor: History; Major: English. Master of Arts Degree, 1965. Library Science. University of Iowa, Iowa City: Advanced Study toward a Ph.D. Experience Director, Chippewa County Library, 1965 -1967. Montevideo, Minnesota. Instructor, School of Library Science, 1967 -1970. University of Iowa, Iowa City. Minnesota Historical Society, St. Paul, Minnesota. Reference Librarian, 1970 -1973. Map Librarian, 1973 -1976. Self- Employed, antique clock and watch repair, 1976 -1988. Empson Archives, 1995 -. Completed eight projects of Stillwater neighborhoods under the direction of the Stillwater Heritage Preservation Commission using matching Federal C.L.G. funds: Greeley Area Dutchtown Holcombe's Addition Hersey, Staples & Co. Addition Carli & Schulenburg Addition Churchill, Nelson & Slaughter's Addition, West Half Churchill, Nelson & Slaughter's Addition, East Half Heirloom Homes histories Qualified Principal Investigator under the Secretary of the Interiors Standards. 4 1206 2nd Street N. Stillwater, MN 55082 (651) 351 -0172 empson@usfamily.net Donald Empson Publications The Street Where You Live. St. Paul, MN. Witsend Press, 1975. Portraitofa Neighborhood. City of St. Paul, St. Paul, MN. 1980. Guidebook to the 1870 and 1879 Bird's Eye View Maps of Stillwater, Minnesota. Empson Archives, 1995. The Street Where You Live; A Guide to the Place Names of St. Paul. University of Minnesota Press, 2006. Winner of National Award of Merit from the Association of State and Local History, and An Award of Recognition from the St. Paul Heritage Preservation Commission. Numerous newspaper and periodical articles, tours, classes, presentations and forums. 5 ashington °t3 in ty Museum Stillwater heritage Preservation Commission Public Education Program July 2013 HOISINGTON PRESERVATION CONSULTANTS POST OFFICE BOX 13585 ROSEVILLE, MN 55113 PHONE: 651 - 415 -1o34 djh@hoisingtonpreservation.com Daniel J. Hoisington The Project We propose to work with the City of Stillwater to develop a public education program for the sum of $10,950.00. In addition, we can provide 10,000 brochures as specified in the RFP for an additional $2,500. Technology has opened new doors for the interpretation of history. Fifty years ago, if one wished to learn about historic buildings, you might have purchased a guidebook or waited for the occasional walking tour led by a volunteer from the local historical society. Now, with the growing portability of information, we can take some of that storehouse of knowledge and place it, literally, at the fingertips of learner. Video " pastcasts" bring a new dimension to the interpretation of history. They permit the visitor to see images and hear sounds from the past. Best of all, the visitor can learn about the past while standing on the actual spot where history was made. In 2008 we developed a video podcast tour of downtown New Ulm, Minnesota —the first in the state following the release of the iPod Touch. This series has been a resounding success. Anne Makepeace, chair of the New Ulm Heritage Preservation Commission, and I gave a presentation on the project at the state preservation conference in September 2008, followed by a workshop at the National Trust for Historic Preservation's National Main Street Conference in March 2009. Since that time, I have worked with several other cities as we explore this new format and expand our capabilities. In 2009 the City of St. Cloud asked us to develop three walking tours. These proved so successful that we were invited back to create two thematic tours. In addition, we have worked with the cities of Faribault, Little Falls, Red Wing, and Urbana, Illinois. Two years ago, we developed a new tour for the Brown County Historical Society in New Ulm, focusing on public art related to the U.S.- Dakota War of 1862. Recently, the American Association for State and Local History awarded the 2013 Award of Merit to our museum exhibit on the U.S.- Dakota War of 1862 at the Brown County Historical Society. This included ten iPad learning stations. Pastcasts are a unique combination of new technology and old stories. • History: We'll approach this project from the perspective of a historian, because a good pastcast must be grounded in historic research and written with a strong narrative. Over the last year, I gained a background in Stillwater history and go into this project knowing the available resources. I have built in some additional research time in the project and would schedule an early review of potential scripts and photographs with staff of the Washington County Historical Society. One of the keys, though, is that the scripts need to be based on stories, not a list of facts, to catch the viewers' interest. • Production: It takes a knowledge of production —how to take images and narration and create a short video. We have strong capabilities with video and sound equipment, as well as editing software and will supply the final product in high definition video. Good sound is vital to the project, and we have budgeted for use of a professional recording studio and narrators. • Distribution: The video podcasts must be distributed widely using a variety of social media. What makes this format especially exciting is the ability to distribute these podcasts across myriad venues. We can supply multiple formats. Finally, we will expand the educational outreach through the production of a walking tour brochure and development of an educational guide. We can build off the format of the downtown brochure to maintain a consistent format and style. CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM About the Consultant Daniel J. Hoisington Daniel J. Hoisington will manage all aspects of the project. Mr. Hoisington is fully qualified as a historian under the Secretary of the Interior's Professional Standards. He received a Bachelor of Arts in history from Greenville College, Greenville, Illinois, where he graduated with honors. He earned a Master of Arts in American history from the University of Virginia, and completed all course work for the Ph.D. degree. For twelve years he worked as a museum director, heading institutions in Massachusetts, Minnesota, Alabama, and Virginia. For three years, he served as president of the Bay State Historical League. In addition, he chaired grants review panels for the Massachusetts Council for the Arts and Humanities and the Massachusetts Foundation for the Humanities. In 1992 Mr. Hoisington founded a firm to provide consulting services to local historical organizations and preservation commissions. He is the author of twelve books and numerous journal articles. In 1998 the Minnesota Society of Architectural Historians honored his book, Heritage: Preserving Eden Prairie's Past, with its David Gebhard Award. His book, A German Town: A History of New Ulm, Minnesota, received honors from the American Association for State and Local History. He has given presentations to the Minnesota State Historic Preservation Conference, the Preservation Massachusetts Annual Conference, the Bay State Historical League Annual Meeting, the West Virginia Main Street program, and the National Trust for Historic Preservation Main Street Conference. Mr. Hoisington has served as a consultant on numerous historic preservation projects, including: Historic properties surveys of residential areas of Lake City under contract with the Lake City Heritage Preservation Commission. Historic properties surveys of South End neighborhood under contract with the Stillwater Heritage Preservation Commission. • Historic properties survey of the Old Frontenac Historic District under contract with the Minnesota Historical Society. • Historic context report and historic properties survey for Kenyon under contract with the Kenyon Heritage Preservation Commission. • Historic properties survey, local historic district, and design guidelines in Henderson, Minnesota, under contract with the Henderson Heritage Preservation Commission. • Local historic designations of two historic districts and twelve houses for Winona Heritage Preservation Commission, as well as design guidelines for downtown historic districts. Historic context report, historic properties surveys, local historic designations, and nomination of National Register Commercial Center Historic District in New Ulm, Minnesota, under contract with the New Ulm Heritage Preservation Commission. • National Historic Landmark nomination for the United States Air Force Academy, Cadet Area, under contract with the Organization of American Historians. • Historic American Buildings Survey recordation of the Strategic Air Command Headquarters, Offutt Air Force Base, under contract with the National Park Service. • National Register of Historic Places nominations for the Dr. George Christie House (Long Prairie) the Hewitt Public School (Hewitt), St. Joseph's Church (Meadowlands), Crookston Diocese Cathedral (Crookston), and Alexander Baker -E. W. Backus Schools (International Falls) under contract with the Minnesota Historical Society. • National Register of Historic Places nomination for the Kasson Public School under contract with the Kasson Alliance for REstoration. CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM Plan of Work One: Planning Method: At the beginning of the project, we will sit down with the Heritage Preservation Com- mission (HPC) to select the sites. It is important to place the sites within a larger narra- tive rather than view them simply as a collection of individual stories. The complete tour is the book; the stops are the chapters. Timeline: Within thirty days of contract. Two: Scripts and Storyboarding Method: During the fall and early winter, we will write scripts for the fourteen sites. there is a difference between a set of facts and a script. While grounded in historic fact, the script is shaped by a narrative. the consultant will rely on existing research to write scripts for each selected story /building, but additional information may be needed for each site. Timeline: September 2013 through December 2013 Deliverable: Three hard copies and one pdf copy of the scripts Three: Digital Images Method: Photographs and drawings convey information and meaning, often adding an emotional connection not found in words alone. We will work with the HPC to research, select, and scan photographs. In addition, we will take digital photos of the selected sites. As the scripts develop, it might become necessary to acquire images from additional sources. We have full video capabilities to film scenes and interviews as needed. Timeline: September 2013 through January 2014 Deliverable: Three hard copies and one pdf file of a written report on digital images Four: Implementation: Recording the Narratives Method: Once the scripts are written and approved, the soundtrack will be recorded at Track Stu- dios in St. Paul, Minnesota, relying on a mix of narrative voices. Timeline: No later than 1 March 2014 Five: Implementation: Putting It Together Method: With the scripts approved and the images gathered, we will pull together the narration and images, working with Final Cut Studio software, an industry standard. Original files will be created in high definition, allowing for multiple outputs. These include cable television, the internet, and MP3 players. Timeline: No later than 1 March 2014 Deliverable: We will deliver draft podcasts for review and revision as needed. Six: Implementation: Brochure Method: We will work with the staff and the HPC to develop a walking tour map. The format shall be determined in conjunction with staff and the HPC. Timeline: No later than 1 March 2014 Deliverable: Submission of the walking tour in pdf format, suitable for print production. Working with staff and the HPC, we will manage production of the brochure with delivery scheduled for 1 April 2014. CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM Six: Implementation: Education Guide Method: We will work with the staff and the HPC to develop lesson plans for the video podcast tour. Timeline: No later than i April 2014 Deliverable: Submission of the lesson plans in pdf format, suitable for print production. Seven: Implementation: Distribution Method: Following approval and field testing, the consultant will output the tour into podcast format and instruct staff as needed. He will assist staff with the uploads as needed. Digital files will be delivered to the City of Stillwater for additional distribution to other outlets. Timeline: No later than i May 2014 Deliverable: We will deliver a portable flash drive with two files for each podcast, including a Quick - Time file in HD format and an .mp4 file for use on the players and for uploading to the internet. We will also supply five master gold DVDs. Eight: Final Report Method: The consultant will submit a written project summary and work with the commission to develop public programs and publicity to mark its implementation. Timeline: No later than i June 2014 Deliverable: Three hard copies and one pdf file of the written project summary. CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM Project Budget Tasks One: Planning Preparation and planning meeting: 4 hours: $16o si6o.00 Two: Research and Storyboarding Research: 4o hours: $2,000 Writing scripts and storyboarding: 8o hours: $4,000 Photography of selected sites: 14 hours: $700 Selection and scanning of photographs: 24 hours: $1,200 $7,900.00 Three: Implementation: Recording the Narratives Working with narrators: zo hours: si,000 Voiceover narrator(s): $i,000 $z,000.00 Four: Implementation: Putting It Together Editing and mixing sound and image files: 8o hours $4,000.00 Five: Implementation: Distribution Uploads: 4 hours Output to DVD: 8 hours s600.00 Six: Implementation: Map Write and design brochure to accompany tour: 24 hours $1,200.00 Seven: Education Materials Write and design educational supplements: 24 hours $1,200.00 Seven: Final Report and Presentation Write final report: 4 hours $200.00 Project Expenses s600.00 Travel Expenses Estimated ten field work days and meetings $500.00 Total: $18,360.00 We would complete the work for: $10,950.00 Option: We would deliver 10,000 brochures, two - sided, full - color, 11 x 17, bifold, then trifold, printed on ioo# gloss paper stock. $2,500.00 Project budget based on an hourly rate of $50 for Mr. Hoisington. Project expenses include photography, photocopying, dvds, postage, studio rental and audio production, and report preparation. This proposal is presented as a fixed price contract. Travel expenses are based on $.45 per mile plus $75 a day per diem. Additional services and/or products are available at $5o per hour, plus expenses. Proposed payment schedule $2,000 due and payable upon contract signing; $3,000 due on submission of draft scripts; $3,000 due on sub- mission of digital video files; Balance due on project completion. CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM References Anne Makepeace, former chair New Ulm Heritage Preservation Commission 300 S. Broadway New Ulm, MN 56073 507 - 359 -3599 mkpeace@newulmtel.net Tammy L. Campion, AICP Community Development/Senior Planner City of St. Cloud 400 2nd St. So. St. Cloud, MN 56301 320- 255 -7218 Tammy.Campion@ci.stcloud.mn.us Kim Clausen Community Development Coordinator City of Faribault 208 ist Ave NW Faribault, MN 55021 (507) 333-0375 kclausen@ei.faribault.mn.us CITY OF STILLWATER, MINNESOTA : PROPOSAL FOR PUBLIC EDUCATION PROGRAM Sti1Iwr THE BIRTH P1.AC ` OF MINNESOTA, Memorandum To: Mayor and City Council From: Tim Moore, Public Works Superintendent fl-IA Date: August 15, 2013 Re: Washington Avenue Storm Sewer Joint Repair DISCUSSION Washington Avenue, north of Fronatge Road to Tower Drive has approximately767 lineal feet of 65" span arch RCP installed in 1979. This design was used in areas where the depth of pipe was minimal that required a certain amount of separation from the street sub grade. The joints on this pipe are now failing and are in need of repair. The repairs would be done in phases over a three year period. Staff looked at two different methods to repair the joints on this pipe. The 1st method is a grout soaked oakum joint seal with rigid foam chemical grout injected into each joint to fill any exterior voids on the exterior of the pipe. The cost of this repair is $2303.00 per joint for a cost $73,700.00. The 2nd method is a cured in place liner that is done with a 2 part epoxy and resin system that lines the entire length of the pipe. The cost of this repair is $3406.00 per joint for a cost of $108,997.00. Factors to consider in determining which method to use: Method 1 cost is $35,000.00 less and injects a chemical grout into each joint filling any exterior voids giving more assurance that the likely of further settlements will not occur. Method 2 also requires excavation around each manhole making it more disruptive to traffic and requiring patching the road. RECOMMENDATION Staff recommends contracting with Thul Specialty Contracting, Inc. for $73,700.00 for repair of storm sewer joints on Washington Avenue. The money will come from Storm Sewer Repair. APPROVAL OF CONTRACT WITH THUL SPECIALTY CONTRACTING, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Thul Specialty Contracting, Inc. and the City of Stillwater for the repair of storm sewer joints on Washington Avenue, is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 20th' day of August 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Memorandum DATE: August 15, 2013 TO: Larry Hansen City Administrator FROM: Sharon Harrison Finance Director RE: Sanitary Sewer Fund BACKGROUND The Sanitary Sewer Fund is a Proprietary Fund. Proprietary fund sources of funding mainly come from user fees. The City's policy is to do a financial review of all proprietary funds at year -end to ensure the financial integrity of each fund. There are two parts to the Sanitary Sewer rate: (1) the base rate (also called the minimum charge); and (2) the overage charge. Currently, the charge for the base rate is $39.00 per quarter for the first 10,000 gallons and the overage charge is $3.70 per quarter per 1,000 gallons over the base. The last sanitary sewer rate increase occurred in mid 2006. During the presentation of the 2012 financial statement, the auditors strongly suggested that the City consider looking at raising rates to cover the deficit in the Sanitary Sewer Fund. One of the auditor's main concerns was the depletion of cash in the fund. In 2008, the Sewer Fund had a cash balance of $1.28M. Cash decreased $130,000 from 2008 to 2010 (an average of $65,000). Then in 2011, cash took a significant decrease of $500,000 due in part to a $609,000 Sewer Interceptor Rehab Project. From 2011 to 2012, cash decreased another $80,000. Overall, cash decreased $710,000 since 2008.As it stands right now, if the cash balance of the sanitary sewer fund continues to decrease at a rate of $80,000 per year, there is about 7 years of cash in the fund. 7 years sounds like a long time, however, this does not include any major capital purchases. Met Council has had a significant impact on the Sanitary Sewer fund. Over the last 10 years, their rates have increased $337,000 or an average of 3% each year. In the near future, there are roughly $960,000 worth of capital purchases the public works department deem necessary. In the past, the city used the depreciation (which is part of operating expenses) to cover capital asset purchases so the City did not have to bond for these items. However, in the past years, the revenues haven't even been enough to cover depreciation. In order to fund Sanitary Sewer fund expenses, I have listed a few options for increasing revenues for you and the Council to consider: Option 1: Raise rates to fund the entire operating loss of $310,076. This option would result in a $3.00 increase in the base rate and a $1.10 increase in the overage rate. Option 2: Raise rates to fund $200,000. The $200,000 is derived from $80,000 decrease in cash (from 2011 to 2012) and another $120,000 (1/8 of the $960,000 of major capital purchases -the City typically bonds for 8 years on capital items). This option would result in a $1.00 increase in the base rate and a $.90 in the overage rate. Option 3: Raise rates to fund $80,000 which is the amount of decrease in cash from 2011 to 2012. This option would result in a $0 increase in the base rate and a $.40 in the overage rate. Attached to this memo is a worksheet that shows the affect of these optional rate increases on a family of 4 with an average water consumption of 25,000 gallons per quarter. RECOMMENDATION Staff strongly encourages raising sewer rates and choosing Option #1. ACTION REQUIRED If Council concurs with staff's recommendation to raise sanitary sewer rates, Council should pass a resolution adopting staff's recommendation or one of the above mentioned sanitary sewer rate options. SANITARY SEWER RATES CALCS TOTAL BASE OVERAGE OPTION 1 Increase Rates by /Quarter $3.00 $1.10 Revenue Increase /Quarter $79,304 $21,579 $57,725 Revenue Increase /Year $317,216 $86,316 $230,900 Final Rates $42.00 $4.80 Impact on Family of 4: Average Water Consumption /Quarter 25,000 10,000 15,000 Amount of Increase Per Quarter $19.50 $3.00 $16.50 Amount of Increase Per Year $78.00 $12.00 $66.00 OPTION 2 Increase Rates by /Quarter $1.00 $0.90 Revenue Increase /Quarter $54,422 $7,193 $47,229 Revenue Increase /Year $217,688 $28,772 $188,916 Final Rates $40.00 $4.60 Impact on Family of 4: Average Water Consumption /Quarter 25,000 10,000 15,000 Revenue Increase /Quarter $14.50 $1.00 $13.50 Revenue Increase /Year $58.00 $4.00 $54.00 OPTION 3 Increase Rates by /Quarter Revenue Increase /Quarter Revenue Increase /Year Final Rates $20,991 $83,964 $0.00 $0.40 $0 $20,991 $0 $83,964 $39.00 $4.10 Impact on Family of 4: Average Water Consumption /Quarter 25,000 10,000 15,000 Amount of Increase Per Quarter $6.00 $0.00 $6.00 Amount of Increase Per Year $24.00 $0.00 $24.00 NOTE: For residential properties, sewer rates are based on the water consumption for the first quarter of the year. For commercial /industrial properties, sewer rates are based the water consumption for each quarter. CITY OF STILLWATER, MINNESOTA STATEMENT OF NET POSITION PROPRIETARY FUNDS December 31, 2012 Business -type Activities Sanitary Storm Sewer Sewer ASSETS Current assets: Cash and cash equivalents $ 593,824 $ 423,434 Accrued interest receivable 847 493 Accounts receivable 489,126 55,526 Due from other governments 3,905 - Prepaid items 127,142 1,830 Total current assets 1,214,844 481,283 Noncurrent assets: Capital Assets: Land - Building and other improvements - - Improvements other than building 480,464 Machinery and equipment 258,006 179,568 Vehicles 476,615 12,780 Infrastructure 10,460,870 - Construction in progress 18,126 - Less accumulated depreciation (5,195,167) (97,098) Total capital assets (net of accumulated depreciation) 6,498,914 95,250 Total assets 7,713,758 576,533 LIABILITIES Current liabilities: Accounts payable 15,746 2,669 Contracts payable - - Salaries payable 10,563 6,320 Interfund payable - - Due to other governments 5,039 1,452 Due to component unit 4,084 - Compensated absences payable 8,200 4,397 Total current liabilities 43,632 14,838 Noncurrent liabilities: Compensated absences 55,435 36,437 Net OPEB obligation 64,097 51,412 Total noncurent liabilities 119,532 87,849 Total liabilities 163,164 102,687 NET POSITION Net investment in capital assets 6,498,914 95,250 Unrestricted 1,051,680 378,596 Total net position $ 7,550,594 $ 473,846 The notes to the financial statements are an integral part of this statement. 40 CITY OF STILLWATER, MINNESOTA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS Year ended December 31, 2012 Business -type Activities Sanitary Storm Sewer Sewer OPERATING REVENUES Charges for services $ 1,905,730 $ 494,910 OPERATING EXPENSES Personnel services 315,973 243,382 Supplies 24,654 18,479 Other services and charges 1,641,318 71,389 Miscellaneous 6,192 35,166 Depreciation 299,319 22,330 Total operating expenses 2,287,456 390,746 Income (loss) from operations (381,726) 104,164 NONOPERATING REVENUES Interest income 24,000 1,587 Other income (expense) 47,650 - Total nonoperating revenues 71,650 1,587 Income (loss) before contributions and transfers (310,076) 105,751 Transfers in Change in net position Net position, January 1 Net position, December 31 (310,076) 7,860,670 $ 7,550,594 105,751 368,095 473,846 The notes to the financial statements are an integral part of this statement. 42 CITY OF STILLWATER, MINNESOTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS Year Ended December 31, 2012 CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users Payments to suppliers Payments to employees Net cash from operating activities CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Payment on loan from other funds Net cash from noncapital financing activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisition and construction of capital assets Transfer from other funds Proceeds from taxes, assessments, connections Net cash from capital and related financing activities CASH FLOWS FROM INVESTING ACTIVITIES Interest received on investments Net cash from investing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents, January 1 Cash and cash equivalents, December 31 RECONCILIATION OF OPERATING INCOME (LOSS) TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Operating income (loss) Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: Depreciation expense (Increase) Decrease in Assets: Accounts receivable Due from other governments Prepaid items Increase (Decrease) in Liabilities: Accounts payable Contracts payable Salaries payable Due to other governments Due to component unit Compensated absences payable Net OPEB obligation Total adjustments Net cash from operating activities Business -type Activities - Sanitary Storm Sewer Sewer $ 1,903,862 (1,688,573) (295,245) (79,956) (13, 591) 47,650 34,059 23,642 23,642 $ 532,502 (161,198) (249,574) 121,730 1,337 1,337 (22,255) 616,079 593,824 123,067 300,367 423,434 The notes to the financial statements are an integral part of this statement. 44 $ (381, 726) $ 104,164 299,319 22,330 (4,734) 510 2,866 37,082 (5,498) 827 (7,927) (1,026) 2,404 (2,556) 1,347 (35,965) (4,331) - 1,418 (19,026) 16,906 15,390 301,770 17,566 $ (79,956) $ 121,730 Project Newsletter #111 Rehabilitation Project Project Introduction Washington County, in coordination with the Minnesota Department of Transportation (MnDOT), the City of Grant, the City of Stillwater, and Stillwater Township, is planning roadway improvements to County Road 15 (Manning Avenue) between County Road 12 (75th Street N) and Highway 96 (Dellwood Road N). The proposed project, set to begin in 2014, will repair the existing pavement and also include other safety and mobility improvements along the corridor. The following improvements are planned to be installed as a part of the proposed project: • A single -lane roundabout at the intersection of Manning Avenue & Highway 96 • A traffic signal at the intersection of Manning Avenue & 80th Street N • Left turn lanes at the intersections of Manning Avenue & McKusick Road and Manning Avenue & 87th Street N • A separated multi -use trail along the east side of Manning Avenue between County Road 12 and McKusick Road, with a connection to the future Brown's Creek Trail A more in -depth description of the proposed project, project questions & answers, a project schedule, and project contact information is available inside this newsletter. WASHINGTON 15 COUNTY - Project Location 1 NI' A,ehwood Rd N 87th St N McKusick Rd N • 80th St N 75th St N View looking southbound on Manning Avenue from the High , ,C 96 ';, #ease Lion; Visit the project website: www .co.washington.mn.us /manning96 Washington ^✓County ManningAve Rehabilitation Project Project Overview Pavement Rehabilitation along Manning Avenue between County Road 12 and Highway 96 The existing pavement will be replaced with a smooth, new pavement surface. Proposed Pedestrian Bridge for the future Brown's Creek State Trail (DNR Project) The proposed pedestrian bridge will provide a safe, grade- separated crossing over Manning Avenue for the future state trail. Proposed Traffic Signal at the intersection of Manning Avenue & 80th Street N The proposed traffic signal will reduce side - street delays on 80th Street during busy times of the day. Proposed Single -Lane Roundabout at the intersection of Manning Avenue & Highway 96 The proposed roundabout will reduce backups and delays that are caused by the existing all -way stop, and also improve safety by reducing the chances of future serious injury or fatal crashes. Proposed Left Turn Lanes at McKusick Road and 87th Street N The proposed left turn lanes will provide a safe place to wait and yield to oncoming traf- fic while waiting to make a turn, and reduce illegal passing in the right turn lanes. Proposed Multi -Use Trail along the east side of Manning Avenue from County Road 12 to McKusick Road The proposed trail will provide a safe link between the developing areas on the east side of Manning Avenue and the new Brown's Creek State Trail, which will run along the former Zephyr railroad alignment. Visit the project website: www .co.washington.mn.us /manning96 COUNTY Project Q & A Q: Why is the proposed project needed? A: Several issues have been identified with the existing roadway including poor pavement conditions, traffic backups at Highway 96, illegal and unsafe passing in right turn lanes and on the shoulder, and a lack of pedestrian accommodations. As the road authority responsible for Manning Avenue, Washington County has an obligation to address these issues. Q: I thought Manning Avenue was going to be expanded to a 4 -lane divided highway, similar to what it looks like between Highway 36 and County Road 12. Why is the County proposing this rehabilitation project instead? A: It is still expected that Manning Avenue will need to be widened to a 4 -lane divided highway between County Road 12 and Highway 96 in 10 -15 years. Given the condition of the existing pavement, as well as the other roadway issues identified above, the County is proposing this rehabilitation project as a responsible "interim" solution that will allow Manning Avenue to operate safely and efficiently for approximately the next 10 years, or until the 4 -lane expansion project is programmed. Q: Are there going to be impacts to private property? A: Yes, the County will need to acquire private property to accommodate the construction of the proposed roundabout, left turn lanes, and multi -use trail. Property acquisitions will not require the removal or relocation of any house along Manning Avenue. Residents who live along the corridor that will be impacted by the proposed project will be contacted in the coming weeks as the right -of -way process begins. Q: Why is the County proposing to install a single -lane roundabout at the intersection of Manning Avenue & Highway 96 instead of a traffic signal? A: The existing all -way stop currently experiences significant traffic backups during morning and afternoon rush hours, particularly on the northbound and southbound Manning Avenue approaches. The proposed single -lane roundabout is expected to alleviate the existing backups. A traffic signal was also considered, however a roundabout is expected to operate more efficiently at this location, with less delay during all hours of the day. In addition, the roundabout has the added benefit of reducing the potential for serious injury or fatal crashes. Q: Will Manning Avenue be closed to traffic during construction? A: The County is not proposing to close Manning Avenue to traffic during the proposed project. However, the roadway will be reduced to a gravel surface for a few weeks while the existing pavement is ground up and recycled to be used as a base material for the new pavement. There will need to be roadway closures to allow for the construction of the roundabout at the intersection of Manning Avenue & Highway 96, but the exact location and duration of those closures is not known at this time. More information on the construction staging for the roundabout will be available later this fall. Q: Where can I find more information about the proposed project? A: More information is available on the project website at www .co.washington.mn.us /manning96. The County is also planning to hold a public open house in the late fall of 2013 to go over the preliminary plan and identify any concerns with the proposed project. A mailer will be sent out to announce the open house sometime this fall. Answers to additional project questions can be found on the project website. Washington County Final Design Property Acquisition Construction Begins COUNTY Preliminary Design Public Open House Summer 2014 Winter 2013/2014 2013/2014 Late Fall 2013 Project Schedule Summer 2013 WASHINGTON For More Information Project Contact: Nik Costello Project Manager / Assistant Traffic Engineer 651.430.4370 nik .costello @co.washington.mn.us Project Website: www .co.washington.mn.us /manning96 £;.0Z 90 enV -frsisLS l o00 ZO 0 9 r Z9099 dTZ S3MO9 A ti '' ROV ±SOd S n MAI Z9099 NW 2:131VM-1111S ISHli7N91.Z H31VM11IIS JO A110 S2:13a vs NMVHS Fall 2014 Construction Complete ZSOSS NW `aa4eMIIi4S 43JoN peoa uoaaAW 09911 ;uawJedaa smJoM aiignd 711 BOARD AGENDA AUGUST 13, 2013 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and 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 Department of Natural Resources (DNR) — Actions to Designate the North and East Metro as a Groundwater Management Area — Jason Moeckel and Paul Putzier, DNR 5. 9:30 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the fill Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:45 Move Into Executive (Closed) Session with Human Resources Discuss Labor Management Negotiations 8. 10:15 Adjourn 9. 10:20 to 11:40 — 2014 Proposed Budget A. Library B. Property Records and Taxpayer Services C. Public Works 10. 11:45 to 12 :10 — Board Workshop with the Housing and Redevelopment Authority Discuss Financial Management Analysis to Assist in Determining Future Funding Strategies 11. 1:00 to 2:00 — Tour of the Public Works North Shop Facility and Grounds Assistive listening devices are available for use in the County Board Room IF 11/1/1 nm.i eeief,., rims In a lie,hiliheorlhnn„ ,,..a haerinr n n co r...l1 /Rt11 A2n R/1/V1 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 13, 2013 The following items are presented for Board approval /adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval to change Public Comment and Commissioner Report narratives on County Board agendas. B. Approval of Amendment #1 to contract with John Kaul, d.b.a. Capitol Gains, Inc. for legislative liaison service. C. Approval to reappoint Richard Damchik, Forest Lake, to the Comfort Lake - Forest Lake Watershed District to a fifth term expiring September 22, 2016. Public Health and Environment D. Approval of a grant agreement and authorization for the County Administrator and Board Chair to enter into an agreement with the Minnesota Department of Health related to public health emergency preparedness and the Cities Readiness Initiative in the amount of $192,164. Public Works E. Approval to enter into a contract with Traffic Marking Service, Inc. for pavement marking for control and guidance of traffic. *Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and /or separate action. Assistive listening devices are available for use in the County Board Room If hnn ncod cdcranro rlua fn rJ;cahi(ifii nr 1,nnuonc Fnrriar ..r0000 moll [8511d3Q snnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners August 6, 2013 FYP. 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. 2014 Proposed Budget Workshop Board workshop held to discuss the 2014 proposed budget with the Internal Services group (Administration, Accounting and Finance, Human Resources, General Operations, and Information Technology). Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Bearth — reported he attended the Washington County Fair; and he will be attending a special meeting of the Housing and Redevelopment Authority this afternoon; - Commissioner Miron — reported that tonight is National Night Out and encouraged people to attend their local events; and he toured a manufacturing plant in the Moorhead/Fargo area; - Commissioner Lehrke — explained that usage of the National Association of Counties dental program will be impacted by the National Affordable Care Act; and the Association of Minnesota Counties (AMC) Board of Directors selected Julie Ring as the new AMC Executive Director; - Commissioner Kriesel — reported he attended the Senior's event, as did the other Commissioners, at the Washington County Fair; - Commissioner Weik — reported on workshops she attended at the National Association of Counties conference in mid -July; she attended the Counties Transit Improvement Board Executive Committee meeting; she attended the Corridors of Opportunities Policy Board meeting; and she attended the Resource Recovery Project Board meeting as an alternate. Community Services Approval of the following actions: - Contract with M.R. Welty Homes for provision of foster care for disabled individuals receiving Home and Community Based Services through the Community Alternatives for Disabled Individuals, Brain Injury, and Developmental Disability waivers; - Contract with Dungarvin Minnesota LLA for provision of foster care for disabled individuals receiving Home and Community Based Services through the Elderly Waiver Community Alternatives for Disabled Individuals, Brain Injury, and Developmental Disability waivers; - Agreement with Minnesota Housing for Homelessness Prevention and Assistance Program funds; - Contract between Community Services, Public Health and Environment, Community Corrections, and Betmar Languages, Inc. to provide interpretation services. General Administration Approval of the following actions: - July 9, 16, and 23, 2013 Board meeting minutes; - Update given by Michael Langley, Greater MSP Executive Director; - Executive Session held to discuss the possible purchase of interest in land owned by the Carpenter Foundation; - Board correspondence was received and placed on file. Library Adoption of Resolution No. 2013 -098, transfer of $6,035.70 from the Jordan bequest to the City of Marine for library material. Property Records and Taxpayer Services Approval of the followin actions: - Plat of Miller Farms 2' Addition located in Baytown Township; - Resolution No. 2013 -099, lawful gambling exemption for Pheasants Forever Mississippi Longtail Chapter 385. Public Works Approval of the following actions: - Cooperative cost share agreement with the City of Stillwater for the County State Aid Highway 23/24 project; - Ratification of contract with Door Services Company of the Twin Cities for door maintenance and repair services at various Washington County facilities; - Resolution No. 2013 -100, authorize final payment for the Hardwood Creek Trail pedestrian bridge over County Road 83 to Sunram Construction, Inc.; - Resolution No. 2013 -102, bid award for Oakdale Library parking lot to T.A. Schifsky & Sons, Inc. Sheriff's Office Adoption of Resolution No. 2013 -101, mutual aid joint powers agreement with the Minnesota Department of Corrections. 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. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 BOARD AGENDA AUGUST 6, 2013 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your continents, 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 minuses. 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 Update on Greater MSP Activities — Michael Langley, Chief Executive Officer and Kathy Schmidlkoftr, Executive Vice President 5. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Comnzissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 6. 9:55 Public Works — Cory Slagle, Transportation Manager Resolution — Oakdale Library Parking Lot Reconstruction Project Bid Award 7. 10:05 Executive (Closed) Session with Administration Attorney - Client Closed Session to Discuss the Possible Purchase of Interest in Land Owned by the Carpenter Foundation 8. Board Correspondence 9. 10:35 Adjourn 10. 10:40 to 11:20 2014 Proposed Budget — Molly O'Rourke, County Administrator and Kevin Corbid, Deputy Administrator - Introduction to the Proposed 2014 Budget - Internal Services (Administration, Accounting and Finance, Human Resources, General Operations and Information Technology) Assistive listening devices are available for use in the County Board Room If „n, Haan arriet,nro el,,, In rfieaha;h, nr lannrtanaharrier loan rnJ'R59i AOn grmn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 6, 2013 The following items are presented for Board approval/adoption: DEPARTMENT /AGENCY ITEM Administration A. Approval of the July 9, July 16, and July 23, 2013, Board Meeting minutes. Community Services Library Property Records and Taxpayer Services B. Approval of contract with M.R. Welty Homes for the provision of foster care for disabled individuals receiving Home and Community Based Services through the Community Alternatives for Disabled Individuals, Brain Injury, and Developmental Disability waivers. C. Approval of contract with Dungarvin Minnesota LLA for the provision of foster care for disabled individuals receiving Home and Community Based Services through the Elderly Waiver, Community Alternatives for Disabled Individuals, Brain Injury, and Developmental Disability waivers. D. Approval of the July 1, 2013 -June 30, 2015 agreement with Minnesota Housing for Family Homelessness Prevention and Assistance Program funds. E. Approval of contract between Washington County Community Services, Public Health and Environment, Community Corrections, and Betmar Languages, Inc. to provide interpretation services. F. Approval of resolution, transfer of $6,035.70 to the City of Marine for the purchase of library resources. G. Approval of the plat Miller Farms 2 ❑d Addition located in Baytown Township. H. Approval of resolution, application for Exempt Permit of Minnesota Lawful Gambling from Pheasants Forever Mississippi Longtails Chapter 385. Public Works I. Approval of cooperative cost share agreement between Washington County and the City of Stillwater for the County State Aid Highway 23/24 project. Sheriff J. Approval of ratification of Contract 6983 with Door Services Company of the Twin Cities for door maintenance and repair services at various Washington County facilities. K. Approval of resolution, authorizing final payment in the amount of $22,615.89 to Sunram Construction, Inc. for completion of the Hardwood Creek Trail Pedestrian Bridge over County Road 83. L. Approval of resolution, Mutual Aid Joint Powers Agreement between the Minnesota Department of Corrections, Minnesota Correctional Facility — Oak Park Heights, and Washington County to extend services beyond their respective jurisdictions. *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 am available for use in the County Board Room If md a�d�e��.n EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER FYI Summary of Proceedings Washington County Board of Commissioners July 23, 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 Kriesel — Expressed his condolences to the family of John Jansen who passed away last week; - Commissioner Miron — thanked the Sheriff and the efforts of the county's Emergency Services Management team for getting the word out on a missing elderly man in Hugo; and he expressed appreciation to those who attended the Forest Lake Youth Service Bureau fund raiser; - Commissioner Lehrke — reported on her recent trip to the National Association of Counties (NACo) conference; she asked that the Board hold a workshop on NACo's dental program for county residents; and she asked that the Board consider holding a Thursday meeting during weeks of conferences to allow Board members to attend the full conference; - Commissioner Bearth — reported he toured the parks in Washington County and attended a St. Croix River Association event; - Commissioner Weik — reported she attended the NACo Conference and stated that next year's conference will be held in New Orleans, July 1 through July 14. Community Corrections Report given on Community Corrections best practices. General Administration Approval of the following actions: - June 25 and July 2, 2013 County Board meeting minutes; and 2013 Board of Appeals and Equalization minutes; - Resolution No. 2013 -095, agreement with City of Woodbury, providing $247,500 for Land and Water Legacy bond funds to acquire interest in property; - Contract with Springsted Incorporated to prepare an economic development assessment; - Staff directed to schedule an Executive Session to discuss the amount of contribution from the Land and Water Legacy funds regarding the Stillwater Township request to acquire land from Central Bank known as the Palmer Property; - Board correspondence was received and placed on file; - Board workshop held to review the work plan for the Economic Development Study. Human Resources Approval of county's tentative agreement with the Minnesota Public Employees Association (MNPEA) and specific items awarded to MNPEA by Arbitrator Richard John Miller. Property Records and Taxpayer Services Adoption of Resolution No. 2013 -096, application to conduct off -site gambling resolution by the Ladies Auxiliary Post 323. Public Works Approval of the following actions: - Resolution No. 2013 -097, bid award for Washington County courthouse re- roofing project; - Board workshop held to discuss Washington County Park fees. Regional Railroad Authority The Board met as the Regional Railroad Authority and approved the following actions: - Meeting minutes from May 28, 2013; - Resolution No. RRA- 2013 -004, delegate authority to the Public Works Department Head to sign the Certification and Assurance form for federally funded Metropolitan Council grants; - Resolution No. RRA- 2013 -005, reject all bids for the construction of the Newport Transit Station. 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 °a Street N., Stillwater, Minnesota. August 8, 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, Attorney Soren Mattick, Engineer Paul Pearson, Planner Berry Farrington, Treasurer Marsha Olson and Chief of Police Steve Nelson. 1. AGENDA - M /S /P Hiniker /Countryman moved to adopt the agenda as amended. (5 ayes) 2. CARNELIAN - MARINE - ST.CROIX WATERSHED DISTRICT -Jim Shaver was present to give an update on the CMSCWD and what they have been doing and what are their future plans. He highlighted education, monitoring, permitting, capital improvements; Stillwater Township impaired waters and other proposed actions. Their preliminary budget meeting is scheduled for next week and he invited comments from the Board. He answered questions. 3. BROWNS CREEK DNR TRAIL - Kent Skaar was present to discuss this new trail along the old Zephyr railroad track. He reviewed his power point presentation which especially focused on proposed bridges, costs and timeline. The anticipated completion date is August 2014. He answered questions on how the trail would work with the stone bridge, the surface type, access points and Attorney Soren Mattick asked about the right of way at Mary Lane. 4. MINUTES - M /S /P Hiniker /Untiedt moved to approve the July 11, 2013 Stillwater Town Board Meeting minutes as written. (5 ayes) 5. TREASURER - a. Report given. b. Checks and Claims - The following checks and claims were approved for payment. Claim No. Vendor Amount 42198 Campbell Knutson PA $2,319.00 42199 CenturyLink 103.03 42200 Envirotech 3,823.44 42201 Mike Frain on behalf of Echo St 200.00 42202 Croix Valley Inspections, Inc 4,295.96 42203 MJ Raleigh Trucking Inc 15,137.63 42204 Kathleen Nelson 33.34 42205 Stephen Nelson 785.00 42206 Robert P Ranalla Jr 544.47 42207 Kathryn Schmoeckel 63.46 42208 St Croix Recreation Co Inc 750.00 Stillwater Town Board Mtg. 8/8/13 42209 42210 42211 42212 42213 42214 42215 42216 42217 42218 42219 Valley Green Lawn & Landscape Jerry Wiese Photography US Bank Xcel Energy TKDA Minnesota State Auditor Internal Revenue Service Minnesota Dept of Revenue PERA North Valley Lori J Meyers Lindsey Countryman Nelson, Kathleen M Nelson, Stephen W Olson, Marsha Ann Ranalla, Sr Robert P Riehle, Barbara Schmoeckel, Kathryn G Page 2 1,585.00 50.00 12.50 65.13 10,403.52 300.00 589.48 20.28 299.57 109,449.78 46.74 100.00 293.81 1,163.61 414.78 221.64 378.41 782.56 6. CHIEF OF POLICE - a. Report given. In July there were 10 burning permits, 4 for buckthorn. A resident on the north side of Little Carnelian had cleaned 8 to 10 acres of buckthorn. There have been 88 permits so far this year, which is ahead of last year. No dogs were impounded. b. Little Carnelian Beach - The beach has been busy and there have been calls about dogs and trespassing. c. Police Audit -This audit was recently completed and we passed. d. Dumping on Roadways - There has been an issue with people dumping trash on roadways. M /S /P Unrtiedt /Countryman moved to place a "No Dumping, No Parking" sign on the state property at the end of Stonebridge and Highway 95. (5 ayes) 7. CARNELIAN - MARINE ST.CROIX WATERSHED DISTRICT APPLICANT - A township resident, Eric Lindberg, has applied to serve as a manager on the CMSCWD. M /S /P Untiedt /Hiniker moved to recommend to the County the appointment of Eric Lindberg as a manager on the CMSCWD. (5 ayes) 8. ATTORNEY - a. Vehicle Noise - There has been an issue with motorcycle noise along Highway 95. Soren Mattick advised that a nuisance ordinance is difficult to enforce. The consensus was that this is more of a state issue. b. Right of Way at Mary Lane - Mary Lane crosses the railroad tracks where the new DNR trail will be built. Soren Mattick did not find any document establishing a right of way. The DNR charges $2,000 to clean this up. This is in the Transition Zone. Attorney Mattick will check with the DNR to see if the fee can be negotiated or if they will allow him to do the paperwork. More discussion next meeting. Stillwater Town Board Mtg. 8/8/13 Page 3 9. PLANNER - a. Socha Minor Subdivision - The final plans have met all conditions. The park fee has not yet been paid and the escrow is deficient. Mr. Socha will be notified of the final escrow due. M /S /P Untiedt /Hiniker moved to authorize the Chair to sign the mylar for the Victorville Minor Subdivision and release it to the applicant subject to payment of the park fee and outstanding escrow. (5 ayes) b. Buberl Update - A party was interested in purchasing the Buberl property to operate a recycling business. He has been told that the Buberl CUP is no longer in effect. This party may be coming to a future Town Board meeting to discuss his business plans. c. Certificates of Compliance - Two COC's have recently been given - one for the cell phone tower and one for a home occupation for making handcrafted firearms. d. Hanson Variance - The Hanson variance, which was previously approved, was signed. e. Outdoor Wood Burning Furnaces /Boilers Ordinance - The previously signed ordinance had the incorrect number. The corrected ordinance was signed. f. Alternative Energy - The Planning Commission had looked at the new County ordinance and how it compares to our ordinance. They recommended that the Township adopt the County ordinance. There was discussion of having a joint meeting with the Planning Commission to discuss this further. More discussion on the next meeting. g. Occasional Sales - A resident had inquired about having occasional sales at her property. The consensus of the Board is that the Township is rural and not commercial. 10. ENGINEER - a. 2014 Manning Avenue Project - The County has a newsletter outlining what they are proposing for Manning Avenue. They would also be willing to meet with the Town Board to discuss this further. The consensus was that the newsletter was detailed enough and a meeting will not be necessary. b. 120th Street Maintenance - David Johnson had been contacted by Bill Voedisch, May Township Chair, regarding dust control on 120th Street. There is some confusion on how the share of the work is divided between the two townships. Engineer Paul Pearson will check the County half- section to verify that 120th Street borders Stillwater and May Townships. If we are maintaining the road, we should maintain the entire section of road from Norell to Otchipwe. May Township should maintain 120th Street from Myeron to Norell. 11. FORMER PALMER PROPERTY - David Johnson reviewed the terms of the proposed agreement between Washington County and Stillwater Township to obtain this land. We will need to check with Browns Creek Watershed District to see if they would be interested in restoring the creek and we would need to get an agreement with the City that if we go ahead with this, they would be prepared to pay their share of the costs. Soren Mattick will contact the County to discuss our proposed changes to the agreement. Stillwater Town Board Mtg. 8/8/13 Page 4 12. JOINT TOWNSHIP MEETING UPDATE - The Clerk reported that we are still waiting to hear from most townships that have been invited. 13. PARK COMMITTEE - The picnic will be next week. David Johnson will provide the grill and cooker. The committee wants to spray the Curtiss Hills Trail and put crushed rock on the trail at Quarry Avenue. 14. ST. CROIX BOAT TOUR - Sheila -Marie Untiedt attended this tour with the watershed district and reported on the information she received. 15. COMMUNICATION COMMITTEE - Fred Brandt gave an update on the new website. All of our data has been transferred to our new site. 16. ADJOURNMENT - The meeting was adjourned at 11:20 p.m. Clerk Chairperson Approved