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Home My WebLink About2014-04-15 CC Packeti 1 1 ater INF OIRTNELACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North April 15, 2014 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of April 1, 2014 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Possible approval of the Stillwater 1/2 Marathon Special Event & Contract —May 24, 2014— Brian Mastel VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2014-057, directing payment of bills 12. Possible approval of parking spaces for Stillwater Trolley 13. Resolution 2014-058, approving transfer of a tobacco license from Yocum's Holiday Store #3939 to Holiday Station Stores, Inc. 14. Possible approval of SCBA purchase — Fire Department 15. Resolution 2014-059, approving 2014-15 Technical Services Agreement with Washington Conservation District 16. Resolution 2014-060, approval of 2014 Harley-Davidson FLHTP Lease — Police Department 17. Resolution 2014-061, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the development program for Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan for District No. 11 18. Resolution 2014-062, a resolution regarding the administration of the Minnesota Wetland Conservation Act 19. Possible approval to purchase and install ball field fencing at Millbrook Park 20. Resolution 2014-063, approving contract with Thus Specialty Contracting Inc. — Washington Avenue Joint Repair 21. Possible approval of Capital Release — Library 22. Possible approval of quote of Burschville Construction for 2" Street repair 23. Resolution 2014-063, approving temporary easement to construct IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 24. Case No. SUP/2009-017. This is the date and time for a public hearing to consider a request by Artreach Alliance, 224 4th Street North for approval to hold outside events in 2014 which is a condition of the Special Use Permit approved on May 29, 2009. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 4, 2014. (Resolution — Roll Call) 25. This is the date and time for a public hearing to consider the recommendation of denial of a tobacco license to Stillwater Tobacco Shop, Inc., located at 2040 Market Drive, Stillwater, MN. Shaesta JanetKhan applicant. Notice mailed to applicant on April 1, 2014 and published in the Pioneer Press on April 8, 2014. X. UNFINISHED BUSINESS XI. NEW BUSINESS 26. Discussion on Proposed Ordinance Amendments 27. Possible approval of appointment to Library Board (Resolution — Roll Call) 28. Possible approval of appointments to various Boards/Commissions (Resolution — Roll Call) 29. Update on Stillwater Log Jam XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 30. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT El `ar 31 14 09:19a t11.3 Law Office 6514391442 p.1 THOLE LAW FIRM ATTORNEYS 275 South Third Street, Suite 203 Eric C. 'Thole Stillwater, IAN 55082 Hans E. Larson (651) 439-1112 (651) 439-1442 fax ASSISTANT Jacqueline Boyer FASCIIMI E COVER SHEET DATE: March 31, 2014 TO: Magnuson Law Firth FAX #: (651) 439-5641 Re: Affidavit of Ryan Bevens PAGES: 2 (including cover) NOTES: Please see attached Should you have any questions, please feel free to contact our office at any time. Thank you. Mar 31 14 09:19a Law Office 6514391442 p.2 AFF1 DAVIT Of Ryan Bevens I, Ryan Bevens swear or affirm: That Run Stillwater, Inc. was incorporated in the State of Minnesota on July 2, 2012. That I am the sole owner of Run Stillwater, Inc. That the corporate address of Run Stillwater, Inc. is 4902 Osgood Avenue North, Stillwater, Minnesota 55082. That Run Stillwater, Inc.'s purpose is to produce high quality running events that benefit local non-profit entities. That Run Stillwater, Inc. has contracted with Brian Mastel and his company Mastel Event Management, 6388 Lake Sarah Lane, Greenfield, Minnesota 55373 to act as Race Director for all Run Stillwater events. That Dave Eckberg is not a shareholder, director or officer of Run Stillwater, Inc. That no contract exists between Dave Eckberg or any company that Dave Eckberg has any ownership in or is an officer of to provide services to Run Stillwater, Inc. Further affiant saith not. I SWEAR OR AFFIRM THAT THE ABOVE AND FOREGOING REPRESENTATIONS ARE TRU AND CORRECT TO THE BEST OF MY INFO N, KNOWLEDGE, AND BELIEF. 3 c` i'-/ ! Date yan Bevens STATE OF MINNESOTA COUNTY OF WASHINGTON I, the undersigned Notary Public, do hereby affirm that Ryan Bevens personally appeared before me on the-kcj, day of March, and signed the above Affidavit as his free and voluntary act and deed. RICHARD C. STUART Notary Public Minnesota hAyCorrrnsson ,.'::_January 91,2015 1 Notary Public RESOLUTION 2014-057 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 $515,496.26 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 15th day of April, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2014-057 Page 1 LIST OF BILLS 1000 Bulbs.com 3D Specialties Inc. 3M Ace Hardware Aspen Mills Batteries Plus Bulbs BCA-CJTE Becker Fire Safety Services LLC Board of Water Commissioner Bornt Rich Boyer Trucks Bureau of Crim. Apprehension MNJIS BWBR Carquest Auto Parts CDW Government Inc. Century Link Century Power Equipment City of Woodbury Clifton LarsonAllen LLP Comcast CoStar Realty Information Inc Dell ECM Publishers Fastenal Company FedEx Fixmer Don FleetPride G & K Services Goodyear Commercial Tire Gopher Sign Co. Gopher State One Call Inc. Haussner Plumbing LLC Healthsource Solutions Heritage Printing Inc. Herman Michael Holiday Credit Office J.P. Cooke Co. The Jimmys Johnnys Inc. Kirvida Fire Inc. L3 Communications Lake Country Door LLC Loffler Companies Inc. MacQueen Equipment Inc. MCFOA Menards Light bulbs Concrete base & uchannel adapte Prismatic shtg and overlay film Supplies Uniforms Batteries Training Courses Surface mount ext caninet WAC Charges Mileage for training class Patrs Section CJDN Connect Fire station professional services Auto parts and supplies Ithaca itherm USB Phone Repair 2014 Special response team 2013 Audit Internet, TV, Voice Property professional Computers Publications Supplies Shipping Camera Stack cage and ring kit Mats & Uniforms Tires Cast Iron extension arm Tickets Plumbing repair Small business package and materials Business cards Parking ramp cleaning after water mess Fuel Dog license tags Toilet rental Repair leak on waterous drain maifold Digital video system Repair door replace spring Network support, copier, switches Air regulator MCFOA memberships Supplies 73.68 623.51 1,021.44 192.27 711.13 128.28 1,010.00 363.60 5,841.00 33.60 65.75 270.00 141,853.22 338.94 296.58 80.59 47.50 3,361.90 5,500.00 323.65 316.00 8,979.51 262.65 939.95 28.52 159.92 178.11 837.49 1,757.46 493.98 130.70 227.57 300.71 63.00 400.00 161.62 57.50 26.26 89.00 16,026.00 1,377.71 33,779.17 47.85 80.00 823.88 EXHIBIT "A" TO RESOLUTION #2014-057 Page 2 Metropolitan Council Wastewater Charge 138,284.36 MMCI - St. Cloud State Registration - Beth 430.00 MN Crime Prevention Association 2014 membership - Dan Young 60.00 MN Dept of Labor and Industry Quarterly Surcharge 2,511.22 Municode Supplement pages 422.53 NAPA Auto Parts Auto parts and supplies 172.13 Nardini Fire Equipment Inspection 225.00 Newman Signs Signs 1,612.51 North American Safety Supplies 2,196.90 O'Connell Amanda Park fee refund 100.00 Office Depot Office supplies 102.25 Olsen Chain and Cable Inc. Chain sling 342.07 Performance Plus LLC Drug screen 45.00 S&T Office Products Office supplies 39.35 Stillwater Fire Relief Assoc MN Firefighters Relief Association payment 5,000.00 Stillwater Motor Company Return 642.00 Stillwater Rotary Club Membership dues 186.15 SW/WC Service Cooperatives Retiree Health Insurance & COBRA 64,103.00 Titan Machinery Fitting 90.73 Trans Union LLC Info charges 45.84 Tri-State Bobcat Kit 7 pin acd 192.98 Tri-State Pump and Controls Inc. Pulled pump for repair 960.00 USA Mobility Wireless Inc. 2nd qtr messaging 47.18 USPCA Region 18 PD1 Certification 100.00 Valley Trophy Inc. Plaque 47.75 Verizon Wireless Police Mobile Broadband 503.51 Veterans Memorial 90% Super Valu 1st Qtr 2014 4,347.00 Viking Industrial Center Oxygen sensors 378.53 Washington County Property Records Property Tax 8,790.00 Washington County Recorder Garley Easement 46.00 Wheelco Truck and Trailer Parts Supplies 507.15 Winnick Supply Square tube 28.80 Yocum Oil Company Fuel 9,615.60 Zayo Enterprise Networks Phone 836.65 Zee Medical Service First aid supplies 208.45 LIBRARY 1000 Bulbs.com Light bulbs 907.27 Ace Hardware Supplies 43.32 Baker and Taylor Materials 1,217.10 Brodart Co Materials 3,168.19 Capital Label Inc. Book labels 483.41 Culligan of Stillwater Water 14.55 Danielson Susie Reimburse for water for SPL retreat 9.98 G & K Services Towles & Rugs 125.25 H W Wilson Materials 295.70 EXHIBIT "A" TO RESOLUTION #2014-057 Jadwin Kari Master Mechanical Inc. #69 Midwest Tape NAC Mechanical and Electrical Services NADA Used Car Guide Quill Corporation Stillwater Public Library Foundation Washington County Library Xcel Energy CREDIT CARDS Library Amazon.com Kowalskis Market Cajun Press USPS ADDENDUM Bornt Rich Clark, Dan Community Thread G&K Services Madden Galanter Hansen Magnuson Law Firm Office Depot Roberts Xcel Youth Service Bureau Adopted by the City Council this 15th Day of April, 2014 Reimburse for 9/6/14 wedding cancellation Maintenance contract Materials Machanical repairs Materials Supplies Reimbursement 1st qtr 2014 materials fee Gas Library materials Event food Chess club sets Postage Reimburse for cable Custodian 2nd 2014 Contribution Mats Labor relations Professional Service Office supplies Badges and uniform supplies Electricity , Gas 2nd 2014 Contribution Page 3 400.00 947.25 346.64 368.75 105.00 182.97 30.00 1,858.20 5,885.50 229.24 13.77 51.86 10.99 62.78 1,057.50 3,818.75 296.10 456.00 6,975.64 92.45 714.00 9,926.26 2,500.00 TOTAL 515,496.26 MEMORANDUM TO: Mayor and City Council 441 ?Alf? Y FROM: Shawn Sanders, Director of Public Works DATE: April 14th, 2014 SUBJECT: Repair of Second Street DISCUSSION: During some soil investigation work for the parking ramp, it was observed there was a a void underneath Second Street on the west side of the street. Upon further investigation, there appears to be a considerable amount of groundwater running through this area and is the source of this void. To be on the safe side, the street was closed has been for the last two weeks. Staff has received two quotes to repair the area. Work would consist of excavating the area, install drain tile and connecting to the existing storm sewer system. The low quote was submitted by Burschville Construction in the amount of $21,500. Work would begin this week. RECOMMENDATION: Staff recommends that Council approve the quote submitted Burschville Construction to do the repair work on Second Street. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion approving Burschville Construction to do the repair work on Second Street. MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: April 14th, 2014 SUBJECT: Approval of MNDOT Temporary Easement DISCUSSION: MNDOT is requesting a temporary permit to construct on city property located at the along the river on the south end town from Chestnut Street to the Sunnyside entrance. The permit is primarily for the construction of the loop trail and some work on the TH 95 slope and the access road/driveway to Sunnyside. The easement document and a map showing the location of the easement is included with the memo. The easement would expire when construction is completed. RECOMMENDATION:: Staff recommends that Council approve the easement as presented. ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass Resolution No. 2014- , APPROVING TEMPORARY EASEMENT TO CONSTRUCT APPROVING TEMPORARY PERMIT STILLWATER, MN WHEREAS, the Minnesota Department of Transportation is requesting a Temporary Permit to Construct on City property located at long the river from Nelson Street to the Sunnyside entrance; and WHEREAS, the permit is needed to construct the loop trail and some work on the TH 95 slope and the access road/driveway to Sunnyside; and WHEREAS, the permit would expire when construction is completed, this is anticipated to be at the end of 2017. NOW THEREFORE, BE IT RESOLVED, that the City Council of Stillwater approves the Temporary Permit to Construct, as on file with the City Clerk, is hereby approved, and the Mayor and City Clerk are authorized to sign said permit. Adopted by the City Council for the City of Stillwater this 15`h day of April 2014. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Dated: TEMPORARY PERMIT TO CONSTRUCT C.S. 8214 (36=118) 906 SP 8214-114 Parcel 21 City of Stillwater County of Washington The State of Minnesota has by its Commissioner of Transportation established and designated the route of Trunk Highway No. 36 in Washington County, Minnesota. It is necessary that the State of Minnesota use for transportation purposes real property situated in Washington County, Minnesota, described as follows: See attached Exhibit "A". The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of real property without just compensation and are not required to surrender lawfully occupied real property without at least 90 day's notice. For a valuable consideration, the undersigned hereby waive these rights and give the State of Minnesota an immediate right of entry and permit to perform construction for all highway, mitigation, and trail purposes. This Permit will expire when construction is completed. Diane Ward From: Larry Hansen Sent: Tuesday, April 15, 2014 9:08 AM To: City Council Cc: Diane Ward Subject: FW: ArtReach St. Croix needs your support From: Ted Kozlowski Sent: Tuesday, April 15, 2014 8:43 AM To: Larry Hansen Subject: Fwd: ArtReach St. Croix needs your support Please share with council Begin forwarded message: From: Diana Hatchitt <mammacass1731@aol.com> Date: April 13, 2014 at 6:13:30 PM CDT To: "tkozlowski@ci.stillwater.mn.us" <tkozlowski@ci.stillwater.mn.us> Subject: ArtReach St. Croix needs your support My name is Diana Hatchitt and I am a dedicated volunteer and constant supporter of ArtReach St. Croix. My husband, Terry, and I are asking for your support in helping to grant this non- profit organization a Special Event permit so that we can resume some of our essential activities at the home location on 4th and Mulberry in Stillwater. In the past we have enjoyed hosting art, music and performing events on the front porch and on the lawn of ArtReach as well as hosting a very successful children's art day which brought families from our community together for a very special weekend. These events are so important for this community and I can tell you that many people are saddened and disappointed that we have had to put some of these activities on hold. Please help us to resume sharing this wonderful space with our neighbors, fellow artists, families and friends. Thank you for your attention in this matter. -Diana Hatchitt 1619 Oak St. West, Stillwater Sent from my iPad 1 HELLMUTH JOHNSON PLLC Stillwater City Council Members Mr. Doug Menikheim Mr. Ted Kozlowski Mr. Tom Weidner Mr. Michael Polehna Stillwater City Clerk Ms. Diane Ward 216 Fourth Street North Stillwater, MN 55082 ATTORNEYS AT LAW April 14, 2014 WRITER'S DIRECT DIAL No.: (952) 746-2182 E-MAIL: KLOUCKS@HJLAWFIRM.COM VIA EMAIL AND U.S. MAIL Stillwater City Attorney David T. Magnuson, Esq. 324 Main Street South Suite 260 Stillwater, MN 55082-5165 Re: Stillwater Tobacco Shop, Inc.'s Tobacco License Application Dear Members of the City Council, City Clerk, and City Attorney: Our office now represents Shaesta Janetkhan and Stillwater Tobacco Shop, Inc. with respect to Ms. Janetkhan's tobacco license application, which is set for public hearing on April 15, 2014 at 7:00 p.m. I wanted to write in advance to respond to Assistant City Attorney Casi Butts' letter of April 1, 2014, in which the City has outlined the reasons for the recommendation to deny Ms. Janetkhan's application for a tobacco license. First, in the City's letter dated April 1, 2014, you indicated that City staff will recommend that Ms. Janetkhan's license be denied under Stillwater City Code Sec. 41-2, Subd. 5(6). This Code provision provides that a tobacco license may be denied if the location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute, or criminal activity. However, your letter has not specified under which basis the license would be denied. With respect to the public nuisance, I have reviewed Stillwater's City Code Sec. 38 on nuisances and do not find any application or relevance to the situation at hand. Obviously, a property can be considered a nuisance for a number of reasons, none of which apply to the Property in question. If the City contends that it has deemed the Property in question a nuisance pursuant to Stillwater's City Code Sec. 38-5, there has been no notice given to the Property owner and, the Property has not been "listed" by the City as a nuisance as specified under the Code. Thus, we do not believe the Property qualifies or has been properly deemed a public nuisance by the City of Stillwater. 05000.0119-4791056 8050 West 78th Street, Edina, MN 55439 • r 952-941-4005 F 952-941-2337 www.hjlawfirm.com Stillwater City Council Members Stillwater City Clerk Stillwater City Attorney April 14, 2014 Page 2 Furthermore, there is no evidence presented that the location is a place of unlawful assembly or disrepute. Turning next to whether or not the proposed location is or has been maintained as a place of criminal activity, we do not believe this provides a sufficient basis to deny the application of Ms. Janetkhan based on the fact that the criminal violations all relate to the conduct of the former license holder. The Supreme Court's decision in Wajda v. City of Minneapolis, 310 Minn. 339 (Minn. 1976) is instructive. In that case, the Supreme Court held that a city council acted arbitrarily and capriciously in denying an application for a beer license. The stated grounds given by the city in support of the denial were misconduct of former licensees while operating the tavern as tenants of Mrs. Wajda, and the unsuitability of the tavern to the neighborhood in which it was located (nuisance). The relevant facts are as follows. During a time period, Ms. Wajda leased the premises to one of her sons who operated the business. During his operation of the business, he was charged with violating ordinances regulating the operation of non -intoxicating liquor establishments. Anthony Wajda was warned by the police that if he was found guilty, his upcoming renewal application would not be approved. Anthony Wajda, therefore, transferred the license to John D. Patterson, who apparently had no association with Mrs. Wajda or her son, Anthony. Unfortunately, during Mr. Patterson's operation, multiple beer license violations, as well as other offenses, occurred. As a result of numerous violations, Mr. Patterson was called into the license inspector's office and asked to show cause why his license should not be revoked. He indicated that he was closing the bar and going out of business. Shortly after Mr. Patterson turned in his license, Mrs. Wajda stated she was losing money on the empty building and applied for an on -sale beer license for the premise. Mrs. Wajda indicated that her brother-in-law would manage the bar and she would assist him. She also stated that neither of her two sons would have any connection with the ownership or operation of the business. After a hearing was held, the committee concluded that if the license were granted, past problems on the premises would be reasonably likely to re -occur. The committee also concluded that the address in question was not a suitable location for an on -sale beer establishment, which included evidence that the past operation was a nuisance. While the trial court judge determined that the committee's conclusions were supported by the evidence, the Supreme Court determined that the Minneapolis City Council acted in an arbitrary, capricious, and unreasonable manner in denying the application. Notably, the Supreme Court determined that the misconduct of other licensees failed to disclose a permissible basis for drawing an adverse inference as to Mrs. Wajda's ability to properly operate the tavern. Further, the Supreme Court pointed to evidence at the hearing that Mrs. Wajda's fitness to properly operate the premises was cast in doubt not by her own actions, but rather by the misconduct of the former license holders, her son and John Patterson. 05000.0119--1791056 Stillwater City Council Members Stillwater City Clerk Stillwater City Attorney April 14, 2014 Page 3 The Supreme Court directly addressed the misconduct of former licensees and whether that was properly considered by the city as a negative factor in evaluating Mrs. Wajda's application. The Supreme Court noted that that conclusion was patently contrary to the evidence, which did not disclose that Mrs. Wajda possessed any interest in the business operations of either of the two preceding licensees or any power or control over their actions. Further, nothing in the record indicated that Mrs. Wajda had any contact or relationship with Mr. Patterson other than as his landlady. Finally, nothing in the record demonstrated that Mrs. Wajda had any knowledge of her tenant's misconduct. The Court determined that this was an improper imposition of vicarious liability and represented arbitrary, capricious, and unreasonable action by the city council. The city also contended that the tavern had acquired a bad reputation and became a favorite hangout of undesirable and criminal elements. As to this second ground for denial that the premises were somehow unsuitable, the Court noted that according to the zoning laws, the shop in question was a permitted use. With respect to complaints lodged by neighbors, the Court noted that no substantial evidence indicated that the premises themselves were inherently unsuitable as the location of a tavern if the tavern were lawfully and properly managed and operated. As indicated by the Supreme Court, it is improper to hold Ms. Janetkhan vicariously liable for the actions of the previous license holder. Furthermore, as will be described more fully below, there is no relationship or association between Ms. Janetkhan and the former license holder other than pending sale of the tobacco shop in question. Last, the evidence presumably relied upon by the City that the premises are a nuisance, the sight of unlawful activity, or an improper location was directly addressed by the Supreme Court in Wajda. There is no evidence that the premises themselves are inherently unsuitable as the location of a tobacco shop if the tobacco shop were lawfully and properly managed and operated. There is similarly no evidence that Ms. Janetkhan would not be able to lawfully and properly manage and operate the tobacco shop in question. Thus, we believe that the City Council's decision to deny the application based on the actions of the former license holder would be held arbitrary and capricious by a reviewing court. Turning now to the alleged "association" between Ms. Janetkhan and the former license holder, as noted above by Ms. Janetkhan's previous attorney, the only association between Ms. Janetkhan and the former license holder is the purchase of the tobacco shop in question.' The proposed asset purchase and transfer of lease between Ms. Janetkhan and the former license holder is an arms - length transaction. Ms. Janetkhan has incorporated and started a new corporate entity, Stillwater Tobacco Shop, Inc., which is a different corporate entity than what was operating the former While we are addressing the City's concerns regarding the alleged "association" between the current applicant and former license holder, this is not a listed reason for denial of a license according to Stillwater City Code Sec. 41-2 Subd. 5. 05000.0119--1791056 Stillwater City Council Members Stillwater City Clerk Stillwater City Attorney April 14, 2014 Page 4 license. Ms. Janetkhan has previously produced the Articles of Incorporation for Stillwater Tobacco Shop, Inc., which indicate that Shaesta Janetkhan is the incorporator, the president, and the sole shareholder of Stillwater Tobacco Shop, Inc. Ms. Janetkhan, under the name Stillwater Tobacco Shop, Inc., applied for a separate employer identified number, and has a separate corporate business checking account. The only purported "evidence" offered by the City and police department regarding an affiliation or relationship between Ms. Janetkhan and the former license holder is speculative and prejudicial. In the letter dated March 6, 2014, from the Chief of Police to Ms. Janetkhan, Mr. Gannaway advised that the application was being denied based on the fact that a portion of Ms. Janetkhan's tobacco license application was found "in a residence during a search being conducted via a legal search warrant on the previous Tobacco License holder." Given the fact that Ms. Janetkhan was and still is in the middle of a business transaction with the previous license holder, it stands to reason that the previous license holder would have a copy of the application. In fact, the specific reason why the former license holder had a copy of Ms. Janetkhan's application is that at the time in question, Ms. needed the owner of the building to sign off on her application as required by the City. As such, she asked the former license holder to obtain that signature for her. The mere fact that a portion of the tobacco license application was found at the previous license holder's address makes perfect sense, given that these parties were in the middle of a business transaction which related to Ms. Janetkhan's application for a license. Thus, given the interrelationship of these issues, the fact that the police found a copy of the application should in no way be used as a reason to deny Ms. Janetkhan's application for a tobacco license. The second example cited by the City relates to a family member of the license holder who was found during a traffic stop to be driving a vehicle registered to Ms. Janetkhan. Again, there is a simple explanation. Ms. Janetkhan has extended time, effort, and money in the tobacco shop, and part of that included recent remodeling done to the interior of the tobacco shop. The remodeling was performed by the family of the former license holder. Ms. Janetkhan was checking on the status of the remodeling when one of the former license holder family members needed to obtain supplies and did not have a vehicle. Ms. Janetkhan indicated that he could use her vehicle to go to the store. There was nothing improper about this and it was simply a matter of expediency. Again, the fact that a member of the license holder's family was using Ms. Janetkhan's car to assist in remodeling the tobacco shop is an insufficient basis to deny Ms. Janetkhan's application. Last, in the City's letter dated April 1, 2014, you also indicate that Ms. Janetkhan's application is incomplete, although it is unclear if this is a reason for the recommended denial.2 This was an oversight by Ms. Janetkhan, and attached please find a revised application. You are correct that Ms. Janetkhan is employed full-time at Wells Fargo and at the time she submitted the application, she was unsure as to who she would hire to oversee the daily operation of the tobacco shop until she could get there in the evening after her day job. Ms. Janetkhan has now confirmed the name of the 2 An incomplete application must be returned to the applicant according to Stillwater City Code. Sec. 41.2 Subd. 3(1). 05000.0119--1791056 Stillwater City Council Members Stillwater City Clerk Stillwater City Attorney April 14, 2014 Page 5 manager, and has attached Part 2 as required on the license application, along with the requisite fees and signatures. We sincerely hope that based on the above, you will reconsider your recommendation that Ms. Janetkhan's license be denied. Ms. Janetkhan is willing to sign an Affidavit attesting to the fact that she has no affiliation with the former license holder and his family other than the asset purchase of the business and assumption of the lease. Further, following completion of the purchase, the former license holder and his family will not be involved in any way in the operation of the Tobacco Shop and the former license holder's interest in the shop will be completely divested. Ms. Janetkhan remains hopeful that her application will be approved so she can finalize the purchase. Ms. Janetkhan looks forward to becoming a part of the business community of the City of Stillwater, and to a productive relationship with the City and law enforcement in the future. Very truly yours, HE MUTH : JOHNSON, PLLC Kathleen M. Loucks Attorney at Law KML/lh Enclosure cc: Shaesta Janetkhan 05000.0119--1791056 Re -Cap of Meetings with "The Locals" for Log Jam Event (March 31 -April 4) Present at meetings: Representing the Locals - Erin McQuay, Cassie McLemore, Shawn Smalley, Brad Glynn. City Event Planner: Angela Mens -Eastman I had three meetings with The Locals this week to continue planning for the Log Jam event. Below is a summary of the meetings. I will be providing a weekly update to both key city staff and The Locals to ensure everyone is informed about the status of the event planning process. At our first meeting on March 31, The Locals provided a comprehensive agenda of items to discuss (attached). We completed their agenda but did not have time to review the Event Checklist that I provided so we set up a second meeting for April 2. In addition, we had a public safety meeting on April 4 (Agenda attached) with police, fire, public works and Lakeview EMS to discuss all of the road events (parade, Soap Box Derby and 5k/10k run). For ease of understanding I will combine comments by area and not necessarily how they occurred in real time. At the end of this document is a list of tasks that need to be completed by the city (facilitated through Event Coordinator) and The Locals and a STATUS CHECKLIST. Event Management- Brad Glynn of Liftbridge Brewery is the city's main point of contact for the event. Site Plan — A proposed site plan was turned into the city but will need to be re -done and completed. It was difficult to do this without having a scale map. The city has now provided them with a scale map to complete this process. Items that need to be on the map include: exact fence line including all gates and emergency gates, all merchandise vendors indicated by a key they create with names of vendors or type of merchandise, all food vendors (named) indicated by a key and including power needs, propane needs, and ensuring 10' of space on either side if they are cooking onsite, size and location of stage, location of mix (sound for stage), locations and number of portable restrooms, locations of generators surrounded by pedestrian barricade for safety, location and number of light towers, location of any and all tents (i.e. bingo, sponsors, small tents), location of all beer/soda sales locations, location of all sponsors, location of any support vehicles for refrigeration/freezer space indicating power source, location of loading zone/re-supply area for vendors, location of vendor parking, location of security personnel, ticket selling location, location of inflatable's if there will be any and location of first aid. Status Report — As determined by the contract The Locals will need to provide their first status update to the City on April 14 and on the first on the month thereafter. Much of the work listed in this document will need to be completed by April 14, and no later than May 1, in order to be ready to present to the City Council on May 20. Police and Firefighters — Their headliner act has been selected and they anticipate crowds to be less than 5,000 for the main act. They are awaiting a final payment plan from Chief Gannaway for police costs and have asked to see what the rates are. I received a rate sheet and will share that with them. They understand fees are due in full on May 1, 2014. Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman Security Officers — They have hired SSI Security. They will need to provide a total number of security officers and their locations (subject to approval by police). They will need to provide a communication plan to include radios for 2 event planning staff, 1 for police, 1 for fire, 1 for Sheriff's and 1 for Lakeview EMS. Remote Parking/Shuttle Service —They are not planning a shuttle service this year due to cost. I gave them some suggestions how they might fund a free shuttle program. The Locals need to create a more viable parking plan for this event and market it on their website for their guests. Race and Parade Management — a separate public safety meeting was held with police, fire, public works, Lakeview EMS and David Francis from the Jon Francis Foundation on Friday, April 4 from 8-10 am. They added a 10K to the existing 5K. This is going to have substantial impact to the community and public safety resources. Chief Gannaway said that the city of Stillwater will not be able to provide law enforcement support and approved the use of Washington County Sherriff's. David Francis will be contacting Wash Co. Sherriff's to secure public safety presence along the route. In addition, the route leaves the City of Stillwater and uses county and state highways. Lakeview EMS said they will have to charge for an ambulance ($130.00 hr) as they are also providing service for the Tough Mudder event to be held in Somserset, WI on Saturday, July 19. JF Foundation is responsible for notification mailed to all homes and businesses and posting of advance warning signage that major roads will be closed a week before the event. This must be MnDot compliant. The JF Foundation and The Locals need to include a detailed map of the finish line in Lowell Park for Saturday, with the understanding that parts of the trussing and fencing chutes will be removed at the conclusion of the run. Trucks will not be permitted into event grounds to remove anything following the race. The proposed parade route was not approved due to detours from Hwy 36 and access to Lakeview Hospital. Police directed The Locals to not have more than 100 units in the parade and preferred 80 or 90. The Locals will be checking with Stillwater Jr High for staging and must have approval in writing for use of their lot. They assumed they had use of all parks (i.e. Lily Lake) but will request a permit for this park. Historically there has been a baseball tournament there that weekend. The parade production will be done by Jim Menard. A plan for evacuation of the parade route and guests must be included in the Emergency Operations Plan. The Locals are responsible for all notification to homes and businesses along route and warning signage that major roads will be closed a week before the event to include hard closure times. This must be MnDot compliant. City will assist by providing mailing labels for notification. The Locals will provide a revised parade route as agreed upon at the April 4th meeting to the City by May 1, 2014. This will include coning of the east side of Greeley as requested by Lakeview Hospital and police for hospital traffic. The parade director will create a staging route that allows for emergency vehicle access on all streets where floats will be staged. Parade director will also include break away points along the route where floats can exit if there is an emergency. These areas will be staffed by stationary parade marshals. The Locals must provide restrooms at main staging area for parade participants and discuss providing a few along route. The Parade Director shall have a tow service available in the event of a unit breakdown. Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman The Soap Box Derby was approved but a more detailed map and schedule of events is needed including starting and ending time. The Locals will be responsible for notification of all homes and businesses along route. The city will post No Parking signs. The Locals will reach out to churches along the parade route and notify them of the road closures and traffic for Sunday, July 20. Liquor Control: Liquor insurance is due to the City on May 1, 2014. The Locals will need to create a written alcohol compliance plan and submit it to the City no later than May 1. At a minimum it should include: the process that will be used to check IDs, who will be checking IDs (must be 21+), the color of wristbands for each day (must change daily), color copies of additional wristbands that might be used at the event, should a gate fee be charged, dates and locations of volunteer alcohol compliance training and who will be conducting that training, the areas that beer will be sold at the event, plan for signage that will be displayed at event to include refusal of service policy and number of beers guests are allowed to purchase (no more than 2). Angela referred them to the MLBA and Hospitality Minnesota as two free resources for alcohol compliance training. The Locals will provide a list of the confirmed volunteer groups that will be serving at their event. Hard liquor sales are not permitted at the event. Insurance: An Acord Cert will need to be provided to the City by May 1 per the contract for all components of the event. It would be advisable that The Locals ensure that they receive Acord Certs from all of their subcontracted events naming their organization and the City of Stillwater as additional insured. Performance and Payment Bond: Due to the City by May 1, 2014. Sales Tax: The Locals have an EIN number Noise Control: Once a production company is selected, The Locals, the City Event Planner and the production company will meet to go over the parameters for sound at the event. Hours of Operations: Wednesday: Possible load -in of fences and some larger pieces of equipment as approved by City Event Coordinator. Overnight security will start Wednesday evening if anything besides fencing is loaded in. Thursday: Set up 8am-8pm Friday: 5am fishing, 8-10am load in, 10 am open, Soap Box Derby (time TBD), music ends at 10 pm, liquor sales ends at 10:45 pm, 11 closed for operations, overnight security Saturday: 5am fishing, 5K/10K runs begin at 8am, 8-10am load in at Lowell, 10 am open, music ends at 10 pm, liquor sales ends at 10:45 pm, 11 closed for operations, overnight security Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman Sunday: 5am fishing, 8-10am load in, 9 am staging for parade, 10 am Lowell Park open, Parade 1-3:30pm, music ends at 6 pm, liquor sales ends at 5:45 pm, 6 pm closed for operations, load - out 6-10 pm, overnight security Public Information: In addition to promoting the event it is imperative that The Locals embark on an aggressive media campaign to advertise the extensive highway construction in the area and road closures for their events (parade, 5K/10K, Soap Box Derby) and its impact to residents and businesses. We were notified about the Tough Mudder event in Somerset so this will have a big impact on Sunday. I would also advise that the City of Stillwater do its own media advisory just prior to and during the event. Police Power: A meeting will be held with Event planner, police, fire, Wash Co Sherriff's and SSI in May to finalize the security plan. The Locals will need to create an Emergency Operations Plan for all components of their event (subcontracted events as well) and have it approved by the city by June 1. This will be an all hazards plan to include plans for severe weather. Damage Deposits: Payable to the city May 1, 2014 Trash: The city will provide roll off dumpsters for the event. The Locals will need to provide a written contract to the city by April 14 from their waste handler to include a staffing plan for trash, type of containers that will be used (cardboard boxes do not work), recycling plan and composting if used, plan for grease, plan for servicing area outside of event perimeter, downtown, all parks that are being used (Pioneer and Teddy Bear), all subcontracted event locations (Historical Society, public docks, baseball game, etc) and public restrooms if not contracted through portable restroom company. Event planner would like to meet with trash contractor in June. The city will coordinate tipping of dumpsters with Waste Management. The JF Foundation will take care of their own trash at Pioneer Park and along the routes of their 5K/10K. Traffic Control: A complete road closure and barricade plan with a map will need to be submitted to the City by June 1 for review. The City has a limited number of sawhorse type barricades that may be used in the parks. The city will not provide any barricades for the road, as they must be MnDot compliant. The city will provide No Parking signage in 2014, but due to the extent of signage there may be a fee for signs in 2015. A police CSO will post the signs as required by law for notification (24 hrs) and this will be included as part of the 2014 bill for police costs. Need to clarify who will pay for tows if needed. City Electricity and Water: There is limited power available at all of the parks. The city will provide a list of what amperage of power is available in the parks and will run a check prior to the event to see what is working. The Locals will need to rent generators or distro power for areas like the main stage. This needs to come from a licensed rental company and be installed by a State Certified Electrician. Permits may be required by the city/State and all generators will require an inspection. The generators will need to be surrounded by pedestrian barricade (bike rack) and grounded for safety. The Locals have indicated that they do not think they will need potable water, however, I believe this is not the case. A plan is needed for potable water and disposal of gray water. Gray water cannot be dumped into the storm sewers. The Locals need to provide the contract from the Lumberjack event including their process for obtaining and disposing of water for their show. Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman Restrooms: The city has agreed to allow for the use of the city's restrooms for the event provided The Locals have a signed contract (provided to the city) for cleaning of all of them during the course of the event. This must include Lowell, Pioneer and Teddy Bear parks. The city will provide the supplies for the indoor restrooms. The site map must include numbers and locations and a plan for servicing all units during the event. The JF Foundation will be responsible for their own restrooms at Pioneer Park for the beginning of the race. It is suggested that The Locals and the JF Foundation coordinate to use the same company to save money. If the city restrooms are not maintained during the event the City Event Coordinator will lock them and take them out of service as this is a poor reflection on the city. City Event Coordinator will have access to supplies. The Locals should encourage local businesses to post signs if they do not want event goers to use their restrooms. Damage to the Parks: The City Event Coordinator and representatives from The Locals will conduct a walk through the week prior to the event to look for pre-existing damage. In addition, once all items are removed from all parks (no later than 6pm on Monday, July 21), a post event walk through to assess damage will also be done. Downtown Clean Up: The Locals trash contractor will be responsible for conducting a walkthrough of downtown on Sunday evening and again on Monday of all of the parks to remove any trash. The city will be responsible for street sweeping. River Activities: The Locals are applying for multiple permits for river activities to include a water ski show, fishing contest, barge stage, etc. A final determination for river activities will need to be made by May 1 as this affects public safety planning. After this date no river activities may be added. Additional Items: In addition to the items listed above the following items also need to be addressed: From The Locals: A complete event plan with time and locations of all activities (including subcontracted) events affiliated with Log Jam. A list of all bands and any amplified sound with locations and times. The contact person from The Locals team in charge of each event listed above to include load in and load out. Details on the Fire Dept. demonstration (When, where, who is in charge) A comprehensive food vendor plan with power, water, propane, layout and approved licenses by Washington County. All permits must be complete with Wash Co by June 1. An Emergency Operations Plan A comprehensive parking plan by April 14 to include permits. A plan for vendor, volunteer, staff, and ADA parking. Provide parking and traffic information on their website. Will trolleys be used? Appearance at meeting and approval by City Parking Commission, date to be determined. Discuss and confirm whether or not the event will use gate fees Confirm details of VIP area (fencing, staffing) Will there be any bleachers for Lumberjack show Work with City Event Planner to schedule date for Public Community Meeting Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman Per contract Item 2, Section C, by April 14 and monthly thereafter, provide to the city with a list of sources and amount of paid sponsorships, the nature of and extent of any contractual agreements made with third parties, nature and extent of any credit extended by third parties and any other information reasonably required by the Event Coordinator. City Event Planner: Provide a list fees or charges that may result from the event to include (parking fees, park rental fees, police/fire fees) Create a list of streets that will need to be posted by police CSO for No Parking for run, parade and Soap Box Derby Determine if permits are needed to downtown businesses for sidewalk sales Determine location of water sources and identify power locations and amperage in the parks Provide dates for Parks and Parking Commission meetings Provide specs from Stillwater Fire for tents, fire extinguishers, food vendor layout, fence breakaways etc. At the bottom of this document is a STATUS UPDATE CHECKLIST Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman STATUS UPDATE CHECKLIST/TIMELINE (As of 4/5/14)* DATE DUE ITEM RESPONSIBLE STATUS April 14 Status Report to City The Locals April 14 Draft of initial site plan The Locals April 14 Finalized 5k/10K/finish line for JF Run to include security plan from Wash Co Sheriffs David Francis April 14 Preliminary Schedule of all activities The Locals April 14 Trash plan and contract from provider The Locals April 14 Completed proposed parking plan ready to be presented to Parking Commission The Locals April 14 Dates of public meetings, Parks Commission, and Parking Commission and City Council Meetings Angela Mens -Eastman April 14 An update on Item 2, Section C regarding sponsors, contracts, and agreements submitted to city The Locals April 14 List of fees and charges from the city Angela Mens -Eastman May 1 Status update to city May 1 Finalized parade route and plan The Locals & Jim Menard May 1 Finalized schedule of all activities and events The Locals May 1 Liquor insurance and alcohol compliance plan due to city The Locals May 1 Certificate of Insurance due to city The Locals May 1 Performance and Payment Bond due to city The Locals May 1 Copy of 501(c)3 certificate due to city The Locals May 1 Details for city utilities Angela Mens -Eastman May 1 Restroom vendor selected and contract provided to city The Locals May 1 Final plan for river activities with all permits submitted to city (DNR, Coast Guard, Wash Co.) The Locals May 1 A completed Emergency Operations Plan The Locals May 1 Final payment to city for police/fire services The Locals May 20 Presentation to City Council The Locals Wk of June 1 Public Safety and Security Meeting The Locals/City Staff June 2 Status update to city The Locals June 2 Traffic and barricade plan due to city The Locals June 2 Finalized list of all food vendors and needs with completed permits to Washington County PH The Locals June 2 A complete production schedule including load in and out of all aspects of the event and all venues used The Locals June 2 A list of who on The Locals is in charge of what events The Locals June 2 Provide list of streets that need No Parking signs posted Angela Mens -Eastman Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman July 1 Status update to city The Locals July 14 Utility locate of park(s) The Locals July 15 Pre-event walkthrough The Locals and City Event Coordinator July 16-17 Event Load in The Locals and City Event Coordinator July 18-20 LOG JAM EVENT July 21 Final Clean up and walkthrough The Locals, City Event Coordinator and city staff August 1 Event Evaluation Meeting The Locals, City Event Coordinator and city staff *This schedule will frequently be updated Log Jam Meeting Notes 4/5/2014 Prepared by A. Eastman i 1 1 a t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North April 15, 2014 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of April 1, 2014 regular and recessed meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Possible approval of the Stillwater 1/2 Marathon Special Event & Contract —May 24, 2014— Brian Mastel VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2014-057, directing payment of bills 12. Possible approval of parking spaces for Stillwater Trolley 13. Resolution 2014-058, approving transfer of a tobacco license from Yocum's Holiday Store #3939 to Holiday Station Stores, Inc. 14. Possible approval of SCBA purchase — Fire Department 15. Resolution 2014-059, approving 2014-15 Technical Services Agreement with Washington Conservation District 16. Resolution 2014-060, approval of 2014 Harley-Davidson FLHTP Lease — Police Department 17. Resolution 2014-061, resolution calling for a public hearing by the City Council on the proposed adoption of a modification of the development program for Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan for District No. 11 18. Resolution 2014-062, a resolution regarding the administration of the Minnesota Wetland Conservation Act 19. Possible approval to purchase and install ball field fencing at Millbrook Park 20. Resolution 2014-063, approving contract with Thus Specialty Contracting Inc. — Washington Avenue Joint Repair 21. Possible approval of Capital Release - Library IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. Case No. SUP/2009-017. This is the date and time for a public hearing to consider a request by Artreach Alliance, 224 4th Street North for approval to hold outside events in 2014 which is a condition of the Special Use Permit approved on May 29, 2009. Notices were mailed to affected property owners and published in the Stillwater Gazette on April 4, 2014. (Resolution — Roll Call) 23. This is the date and time for a public hearing to consider the recommendation of denial of a tobacco license to Stillwater Tobacco Shop, Inc., located at 2040 Market Drive, Stillwater, MN. Shaesta JanetKhan applicant. Notice mailed to applicant on April 1, 2014 and published in the Pioneer Press on April 8, 2014. X. UNFINISHED BUSINESS XI. NEW BUSINESS 24. Discussion on Proposed Ordinance Amendments 25. Possible approval of appointment to Library Board (Resolution — Roll Call) 26. Possible approval of appointments to various Boards/Commissions (Resolution — Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 27. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT i 1 1 a t e r INF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES April 1, 2014 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:35 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward OTHER BUSINESS There was no other business. STAFF REPORTS Fire Chief Glaser presented the 2013 Fire Department Annual Report, detailing the Department's activities for the past year. The Fire Department serves a 61 -square mile total response area and responded to a total of 1,701 calls for service in 2013. Community Development Director Turnblad informed the Council that the Chamber submitted its annual permit request for the Spring Art Fair for the first weekend in June. It has previously been held the third weekend in May. In a letter to the Council, a number of downtown business owners urged the Council to deny the permit and encourage the Chamber to keep the long standing festival date in May. Jerry Helmberger, 303 Fourth Street North, expressed opposition for the date change. He feels business owners do not need more events during the peak season, they need more "shoulder" events at the beginning and end of the season. He feels the issue should have been addressed earlier by the Chamber; businesses did not receive any advance notification of the requested date change. Councilmember Menikheim stated the issue should be resolved between the businesses and the Chamber and perhaps the City's new event coordinator. Aimee Pelletier, owner of Darn It Anyway and member of the IBA, commented if the new date had been determined five months ago, the Chamber could have notified business owners. Councilmember Kozlowski noted he heard about the date change in February. He questioned why it is coming up now, just prior to the event, if the CVB knew about it in February. City Clerk Ward stated the City received the permit application 60 days before the event. City Council Meeting April 1, 2014 Councilmember Weidner remarked that to cancel the event now seems punitive. If the new date is approved, he does not view it as a permanent change He appreciates the business owners' concerns, but believes it was a good faith mistake. Councilmember Kozlowski agreed with Councilmember Weidner that the Art Fair should not be denied, but he would like to see better scheduling and communication. Councilmember Polehna stated the Chamber should have come to the Council in November before automatically putting the new June dates in the visitor guide. He does not like the fact that the Council is being put in the situation of being mediators. There was a consensus of the Council that the June date for the Art Fair should have had better planning and scheduling, but they would allow it for 2014 only with the Chamber working with the City and Downtown Businesses prior to setting a date for the Air Fair in 2015. Public Works Director Sanders informed the Council that on April 16, Mn/DOT and the Coast Guard will have a public meeting to discuss proposed lift bridge schedule changes. He also stated that a request was received from Washington County to tie into the City's sewer system in the Oak Glen area to expand the County public works building. There would be no cost to the City. He provided a flood update, saying that the weather service predicts a 65% chance of the river reaching the 687 foot flood stage by the second week of April. He updated the Council on conversations with the DNR regarding Rotary clubs building a fishing pier at McKusick Lake at no cost to the City, via a grant. City Attorney Magnuson reported on legislation re -instituting DNR certification for variance requests. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to take a position not to support the legislation, and directed the City Administrator to prepare a letter. Motion passed 4-1, Councilmember Kozlowski voting nay. ADJOURNMENT Mayor Harycki recessed the meeting at 5:31 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, Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Page 2 of 6 City Council Meeting April 1, 2014 APPROVAL OF MINUTES Possible approval of March 18, 2014 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to approve the March 18, 2014 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater High School Boys Hockey Team Mayor Harycki congratulated the Stillwater High School Boys Hockey Team for clinching it's first-ever Class 4AA State tournament. He read a Proclamation designating April 1, 2014 as Stillwater High School Boys Hockey Team Day. Senator Karin Housley congratulated the team and read a Senate Resolution congratulating the team for winning the Class AA Section 4 State Championship and going to the State Tournament for the first time in 59 years. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2014-048, directing payment of bills Resolution 2014-049, approval of professional services contract for Trail Plan Resolution 2014-050, approval of event coordinator contract with Angela Mens -Eastman Resolution 2014-051, approval of 2014 Summer Tuesdays Special Event and Contract Resolution 2014-052, approval of lease contract with Neopost Great Plains District Resolution 2014-053, approval of abatement of certain special assessments Possible approval to purchase mower — Public Works Resolution 2014-054, approval of vehicle lease with Enterprise — Fire Department Resolution 2014-055, declaring state of emergency Resolution 2014-056, approving fire protection contract with the Town of May Councilmember Kozlowski requested that Resolution 2014-051, approval of 2014 Summer Tuesdays Special Event and Contract, be pulled from the Consent Agenda. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Corey Buettner told the Council he is looking forward to Summer Tuesdays especially with the addition of the amphitheater and restrooms. Boaters will now be able to see the movie screen. Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adopt Resolution 2014-051, approval of 2014 Summer Tuesdays Special Event and Contract. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None Page 3 of 6 City Council Meeting April 1, 2014 PUBLIC HEARINGS Case No. SUP/2014-7. A public hearing to consider a Special Use Permit and Variance request for an addition to the existing Hotel Facility, creating a new primary entrance located at 101 Water Street South Community Development Director Turnblad reviewed the request that St. Croix Preservation Co., Inc. is planning to build a 20 -room addition onto the north side of the Water Street Inn. The applicant is requesting a Special Use Permit amendment, a height variance for the tower, and the relocation of Myrtle Street's south curb line eight feet to the north. The Planning Commission recommended approval of the Special Use Permit amendments, the height variance and the Myrtle Street setback variance. Staff recommends leaving the curb line where it is to keep the road width of 28 feet. The applicant is willing to work with staff and their consulting designer to come up with a compromise allowing the street to remain as wide as possible. Staff recommends approval of the Special Use Permit amendments and the height variance, and suggests the Council table the Myrtle Street curb line variance. City Attorney Magnuson referred to a memo in the staff report addressing the legalities of common law dedication related to Myrtle Street. Mayor Harycki opened the public hearing. Chuck Dougherty, applicant, stated the project will complete the face of the hotel and be a focal point for downtown. Roger Tomten, architect with Archnet, reviewed the history of the proposal and the former Union Depot which originally occupied the site. The lower level of the addition will be lobby, offices and rental space. The existing lobby will be transitioned into a large dining room. The existing dining area will become break-out rooms for banquets and conferences. The second and third floor of the addition will be hotel rooms and the fourth floor will be an outdoor patio. He feels that the tower will bring back an historic element and enhance the view -shed down to the river. It will not contain a billboard or a sign. Councilmember Weidner expressed concern about balconies that may extend over the street. Mayor Harycki stated he likes the idea of bringing back the historic element of the clock tower, but shares Councilmember Weidner's concern about possible impacts of balconies on the view - shed. Councilmember Polehna asked about guest drop-off space, and Mr. Dougherty stated a button in the parking lot rings the front desk staff, who then open the gate for registered guests. Usually the gate is not down unless the hotel is full. Councilmember Weidner stated he likes the design, but opposes the movement of the Myrtle Street curb line. Councilmember Polehna asked where trash containers will be located, and Mr. Dougherty responded there is a garage area for dumpsters to be moved to. He also is in discussions with the gas station owner about a common dumpster location on his property. Councilmember Weidner pointed out that the hardship justification for the variance is financial - the inability to increase to the number of guest rooms that will make the project economically feasible without the variance. He does not believe this is incentive enough to grant the variance. Page 4 of 6 City Council Meeting April 1, 2014 Community Development Director Turnblad noted that the number of parking spaces needed for the addition is being worked out with the Parking Commission. The Water Street Inn will be asked to purchase the required number of monthly parking permits for the City ramp. Councilmember Kozlowski commented that he likes the design of the project. He anticipates questions from residents about the noise from the rooftop patio, and Mr. Dougherty stated he is willing to abide by the normal 10:00 p.m. closing time enforced for rooftop decks. Mayor Harycki commented that he is comfortable approving the Special Use Permit amendment and the height variance, but would like to table the Myrtle Street issue to see what compromise can be reached. Councilmember Weidner asked how to guarantee the addition will be built as proposed. He referred to ten elements of a prior design that were not met, per a memo from City Attorney Magnuson. Mr. Dougherty noted when the hotel was built, he was one of three partners on the project. The original design was amended, but it was not what he wanted to build. He believes the City has tighter controls on what is built downtown than it did in 1994. City Attorney Magnuson responded that perhaps an escrow deposit could be required as the City considers how the commitment can be monitored. Community Development Director Turnblad recommended the Council consider granting conceptual approval for the Special Use Permit amendments and height variance so that staff can bring back a resolution that memorializes the concerns indicated. Councilmember Polehna stated he has questions about the City's air rights in relation to buildings. Mr. Tomten replied that a unique thing about the site is that not all the sidewalk is public sidewalk. City Attorney Magnuson pointed out there was a case in St. Paul where a building had to be torn down because of the City's air rights over public space. Mike Robinson, 801 West Pine Street, expressed concerns about the handling of the trash, the 68 - space deficit of parking spots, the height of the tower and moving the building further into Myrtle Street. He added that Myrtle Street will be the only avenue for bicycles to get to Sam Bloomer Way, which will be the only roadway along the riverfront. Mayor Harycki closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to grant conceptual approval of the Special Use Permit amendments and the tower height variance, with conditions recommended by the Planning Commission, with a formal resolution to be brought back to the Council for action. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None UNFINISHED BUSINESS Possible approval of Interim Ordinance 1064, an interim ordinance temporarily establishing a licensing and planning moratorium on tobacco products shops and directing that studies of official controls related thereto be conducted City Attorney Magnuson suggested that the interim ordinance be amended to add "and pending license holders," exempting them from the moratorium as well. Page 5 of 6 City Council Meeting April 1, 2014 Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to hold the second reading of Interim Ordinance 1064 as amended. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None NEW BUSINESS Discussion on Stillwater Barge Terminal - Park Plan Update Proposals Community Development Director Turnblad reviewed the proposals received for a Master Plan for the barge terminal property and a municipal dock. Funds have not been budgeted for this in 2014. Motion by Councilmember Menikheim, seconded by Councilmember Kozlowski, to borrow funds from the 2015 budget for the Master Plan including a boat dock, with a contract to be brought back to the Council for approval. Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Menikheim requested an update from health department officials on the swimming beach at Lily Lake. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to adjourn the meeting at 8:48 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Resolution 2014-048, Resolution 2014-049, Resolution 2014-050, Resolution 2014-051, Resolution 2014-052, Resolution 2014-053, Resolution 2014-054, Resolution 2014-055, Resolution 2014-056, Ken Harycki, Mayor directing payment of bills approval of professional services contract for Trail Plan approval of event coordinator contract with Angela Mens -Eastman approval of 2014 Summer Tuesdays Special Event and Contract approval of lease contract with Neopost Great Plains District approval of abatement of certain special assessments approval of vehicle lease with Enterprise — Fire Department declaring state of emergency approving fire protection contract with the Town of May Interim Ordinance 1064, an interim ordinance temporarily establishing a licensing and planning moratorium on tobacco products shops and directing that studies of official controls related thereto be conducted Page 6 of 6 water Administration MEMORANDUM TO: Mayor and Council FROM: Diane F. Ward, City Clerk SUBJECT: 1/2 Marathon — May 24, 2014 Council tabled this request at their last meeting asking for further information from the event organizer, Brian Mastel who will be in attendance for Council questions. Attached is the additional information as well as the special event application. The event is proposed to be held Saturday, May 24, 2014. The finish line will be on Laurel between 3rd and 2T1d and has requested that 2nd between Cherry and Wilkins be closed to thru traffic. The runners cross the finish line then walk across 2nd St into Pioneer Park for post -race activities. This event, according to the City's Special Event Policy, does not fall under the Special Event w/Contract that requires a public hearing or a contract. Police services are under $1000 and as they are requesting closure of streets, it is before Council. Staff has reviewed, commented, followed the Special Event Policy and the only comment from the departments is police services are needed and the closure of the street. Capt. Meredith as provided information on the Police Services which are: Traffic control from 7:30 am to 2 pm (6.5 hours) 2 off-duty officers - pay directly to officer ($40/hour each) 4 reserve officers — paid to city ($390.00) Mr. Mastel has been notified that there will be costs for the use of Pioneer Park and police services. Stillwater Half Marathon and 5K Information Parking and Transportation All participants will be directed to park in downtown Stillwater - specifically lots #11, 10, 15, 7, 8, and 9. School buses will pick up runners on Water Street near the intersection with Mulberry for transport to each start line. Start Line — 5K Only The 5K start line is just north of Brown's Creek Park. The park will be used as a staging area with pre -race water, porta-potties, and gear check available. The buses will use the parking lot as a turnaround. Anticipated number of runners: 250 Start Line — Half Marathon Only The Half Marathon start line is on 60th St N near the entrance to the Gateway Trail. Anticipated number of runners: 150 Finish Line — Half Marathon and 5K The finish line for both distances is on Laurel St W near west of 2nd St N. The runners will cross the finish line and enter the park for post -race refreshments. The exact location of post -race areas within the park will be determined once the snow melts. 5K runners will start arriving at the park at approximately 8:45 and continue until approximately 9:30. Half marathon runners will start arriving in the park at approximately 9:15 and continue until approximately noon. All runners will exit the park and walk down the sidewalk bordering 2nd St N to the various parking areas. McCusick Rd N z Q ([3 a) z 2014 Stillwater 5K Start Area Map Partapothes (#TBD) Water Tables Bus Drupe Start Line- specificlocation will be determined when course is measured sC,ho(12 z st Barricade at Wilkins - No thru traffic 20 Stillwater Half Marathon & 5K Fin! . Area - Pioneer Park Finish Line - Post -Race Refreshments cher s Participants will exit park an• wa down sidewalk along 2nd St to parking areas Pioneer Park et T t 8 ftiPtAt OF qtklgt-SOT8. EVENTS PERMIT APPUCATION 216 North 411' Street, Stillwater, MN 55082 Telephone; 651-430-8800 Fax: 651-430-8809 Incomplete applicatioas or applications received after deadline will aat be t.19;g:e r.,?.!y accepted See Event /ntructionsfnr application deadline and fees. Date of Application: Date Application Received Type: Event Special Event Event w/Contrnt Event In orm . n 'Title/Name of Event Stillwater Half Marathon and 5K 5/2412014500 am vent Dateftime- Set up: Date 'Virile o t 8:00 a.m. . . ,....„, 5/24/20v1 8:00 a" rr 1200 p..m. Actual Event: Date Time to ........____................. 5/2412014 12:00 4:00 p.m. Clean up: Date Time to .,..,..„,,.„.,......_ (E,arl.0 aft.e,r 1.f.).:Cjn p,n1 r,.....1.!i?:f a WWI r,ce f ,-J-..ics.ii.iric''. Location (Address) of Event: Pioneer Park and Brown 'S Creek Park (course maps are attached) Of h Lowc11 Park pl(as‘? sp, •.ify north or so di-, Low,.:,)i- park) r.-iis tr,,ormaihn wd.1b4: i.;V:N3 to promote, the, ':N.;:r or c taw3er Description of Event 4,:c.-ii.ii br:i spr ciric- i Hatt Marathon - 8:00 am, start near Brown's Creek Park on Neal Ave N, turns west along the path next to MeCusick Rd N to 88th St N enters the Gateway Trail near the intersection with Dellwood Rd, follows the Gate.t.Aiay Trait to Noreil Ave N, continues in. Stonebridge Trail to St. Croix Ave tIV to Williams St N, left on Laurel St. VV to the finish in front of Pioneer Park. 5K - 8:30 a m. start near Browns Greek. Park on Ne.ai Ave N, turns right on Oak (..-.!,en Traii, right on Dellwood Rd, right on Stonebridge Trail and follows the half rtiarathon course to the finish in front of PiOneer Park, Estimated Attendance 4‘,;!rticit.. ,r nd specterst: 500 Applicant Information (Person/Group Responsible) _.... Sponsoring Organization Name: Run Stillwater. Inc. Mailing Address: PO Box 21 • City, State„ Zip Code: Stillwater. MN 55082 ...._,.„...„____„ .......,_ „_..., 1-' lary Contact/Applicant Name: Briari Mastel, Race Director __ __,.. -• - Pbc3ne Number: 612.270:0829 Fax: NA Cell Phone: 612.270.0829 Email Address: briar aimasteleventmana9ament.cont Website Address: stillwaterhalfmarathon.com Name of contact person during event: t.Mari M3Ste1 Ceti Phone: 6 2.270.08,,i!!) Alternate contact during event: NA Cell Phone: Refer media or citizens inquires to. Brian Mastel ' Phone: 612.270.0829 Site Ptan: A site plan is mandatory or all events Please provide a map of th site layout. Include any tables, stages, tents, fencrng, portable restrooms, vendor booths, trash containers, etc.1 if event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop st4tions, crossings, signage and indicate route direction with arrows, ...._..._„......_ ...._ „..._ .„..... ......_ ______ Event Features TBD - start/finish banners and sponsors Will any signs/banners be put up No LI yes c;ki Number and size: banners ill there be any infiatables? No„,7:,.,7 yes fl :.i.,thym„:,..,c,,1,...ocep.on,,,?,-,t 1,1111:k!I ;'; 1, ...- -...,,.•- ., . ni!, ”; i:g ei. t 11?{:,fr MC•ri‘ Will there be entertainment? No El Yes rgi What type: Music at start and finish appy ..;::,. in eliCtiOrIS 7 am (start) 8i30 am ish; - Will s uund amplitication 1, used? No li1..] Yes jg.: Hours and Type: announcements ilf id mu'..;ic Mil a stage or tent(s) be set up? No Ell 'fes ixi Dimensions:10 x 10 canopy style tents in Pioneer Park • tAiiii there he temporary fencing? No D Yes HOW mittly W III Met chdrldiselfood items be sold? No Xi Yes f.1........! , vendors expected: i7f..mit, S&P if!SrtUcr`Orn Wili food be prepared on site? No X, i- i - 1.7i . Ciintoct .)( Comity ',',.-,.;ch th'pzirt:-inr. 6!..0.4.,3.6(.:55 Wilt cooking operations be conducted? No x ye•., Li coram, stiE4,,,,: :. fi, , Depz-g[r?e,:t„ 351••4950 4 • Will alcohol be served but not sold? No txl Yes 1T3 .s,-..,,•, A icoho: i3,.. ;.i. ,.: i:., ,s., ,:::..,•;: I-- .. --'----------- — —, - — — Wili alcohol be sold? No is yes 0 se2 Av.,,,oi 6.,•;,,i,lftcri , ri f .f-;. ins tria.tioieA Will there be a lire,works display? No SirYes 0 permit ,er !,7il, c:onilicr StiiiK ic,f,r I ire Oteimrimeni-, 651• 351-050 Describe power needs and location of power source, 2000 to 3500 kw generators for timing equipment and sound system Descrihe level of advertisement oy-, rarltr; tyr.r, adc, tv, r.,•riss 1 clease) Attach sampleif available 1..A/eh marketing (including e -newsletter, email, calendar postings). flyers in stores. City 5ervices (After reviewing the event appkation, City services may be requred tn 'le. evint,i Will event use, close or block any of the following: It yes specify location on site map, City Streets or r-kight-of-way No Lir Yes E1 Start/End Time: 7:30 d•mj2:00 pDate:s/24/2014bm City Sidewalks or Trails No 1:,:2: Yes IXTI Start/Fnci Time: 73° "1112:°° O'rn ft:it—S/2412014 CI " -- Public Parking Lots of Spaces NIc;.,:';:i Yes E1 Start/End 'Time: Date: Will event need barricade(s)? No ITI] Yes ix Number needed: VV:r liq 1. t.e of MN to provid P' • ''''''''Y'44'4' :instrzicth.mr, . Frr-?,; ?ray nylplie Will extra picnic tables be needed? No Igl Yes i I Number needed: .................................. 1 Fc..., moy apply Will portable restrooms be needed? No 17,1 yes 7.1 Number needed: TBD both start and finish 5,..2 frstructiom - .----__ Ire(...- mai, ‘,7ppip Will extra trash recentarles be needed? No L... Yes bki' Number needed: Vendor to would& 5CT olv-ruclionl ----- — Describe trash removal and ', ea up plan during and aft event: All trash and rcoyciabics. will be i-oilented ot siFirticoiirscifinish ;and rerocNed fro; site, Will event need traffic control?Nio ---;.1 yes kl COntorr St' ftWatPr Potice OEPartrrmnt far a;Wctnar,. iici-351-zigan Describe crowd control procedure to ensure the safety of participants and spectators: Ped barricades will be used at finish to control participant/spectators (site map will be provided), cones on fog fines where shoulder ,A.,ili be used. _ _ ----- ' 1 " No Parking Signs" he needed? No- El Yes XI NUmbel needed: TBD ,,.: .sho,,,,;, colic..,,.)009 !i!tt: MI1 p -.......-..- VVill event need security? No xi yes D tt tof 5 ts,,,,,tniqhf,. s.,:wily ..41V tm, (ego:;rd. if using private secruity, list Security Company and Contact Informati 11: Will event need EMS services? r4 0 Fr y t,7,, igi coptoer. /..cilrei,lir,,, i.VS, (31.430-4621 Describe plans to provide first aid, if needed: Health East will he the medical provider for the start, Course and finish. Lakeview EMS will be contacted for course support. )escribe the emergency action plan if severe weather should arise: Efnelyency Action Plan will be provided WhEgl comdicto, i't any other pertinent ifl " 1 - .1: The former Stillwater Marathon and events brought a considerable amount of business to Stillwater and goal of the new Half Marathon and events will be to continue driving business to the area, 'The sponsor(s) of this event hereby agrees to save the City; itS agents. officials and employees harmless from and against all damages LTJ persons or property, ail expenses and other liability that may result from this activity. Dependingon the size of and scope of the event 0 "Certificate af Insurance May be reqwred if'nsurc rite is required, the poky must be kept in force during the event o at lea,,the statutory litnits for municipatitie.s covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "aS their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between rry.ce/f and the City of Stillw ter and is a release of Liability. 0":7 1/29/2014. Signature of Applicant or Authorized Agent Date your .runs 2014 Stitlwater 5K [-)54:,ance,.; 3,1 mi mapmyron Page I o t 4 44. cL .34.114 hury://www.r.n. aomy run.comtro ut6forin C351553 S79..' .112.8.0014 Map your runs Page 2 of 7 Head north on Ncal Ave N toward McKusick Rd N 0 rn (+0,16 mo + Turn r 0.16 rni (0.39 mi) ight onto Oak Glen Trail ,i Head northwest on Oak Glen Trail towad i'ak Gle Cr 055 m (+0.21 T 0,3 mi) urn right onto MN -96 ElDellwood 0.76 Head southeast ori MN -96 E/Dellwood Rd toward County Rd 55 1.06 mi (+0.14 mi) Slight right onto County Rd 55 1 2 rill (+0.08 mi) Continue anlo Stonebridge Trail N Destination will be on the,left 1.28 mi (+0.45 mi) Head southeast on Stonebridge Trail N toward Sycamore St.t‘N 1.74 mi (+0,23 mi) Continue onto Owens St N 1.97 mi (+0,14 mi) Turn left onto St Croix Ave 0/ Destination will be on the left 2.11 0.1 mi) , Head east on St Croix Ave VV toward William St N 2,2 mi (+0,04 4 Turn right onto William St N 2.24 mi (+0,45 mi) rJ Head south on William St N toward Laurel SI W 2,69 mi (+0 mi) K4,4 Tum left onto Lauet St VV 2.69 mi (+0,41 mi) Destination 3.1 mi (+0 mi) MapMyRun • http://mapmyrun,comir e view/351553879 littri://v,,,ww,mannwrun.com/routes/print135 i 553879,1 1128/2014 mapmyrun ark ' Wr e Wedgewood Park 2014 Stillwater Half Marathon - 60th St N Option Distance: 13.13 mi r :4> lie:, . m Icatherine Abbott Park Pk ri26,1 , 81)0 (16 T;r3rtt at s /4 Is4 tit 4*0.1.,n`r StIrd/Sh ake Park 2 (3) N IT) stAlwatefhy (1ate(vi-) gale_ int 33s 0;4 Brek(cf Park B4rkers Alps Park' Map data gla01 4 CK,921e. 3 4 9 1100 — 800 10 11 1 13.: Feet (Y) (A) Copyright 2008 frlapNlyFitnes:., 14 Head west on 60th St N toward Highlands Trail N Sharp right toward Gateway State Trail D Continue straight onto Gateway State Trail Head north on Gateway State Trail Head northeast on Gateway State Trail Take the pedestrian tunnelDestination will be on the left Head northeast on Gateway State Trail toward Jamaca Ave N Head northeast on Gateway State Trail toward Jody Ave N Destination will be on the left Head northeast on Gateway State Trail Li Take the pedestrian overpass 44: Head northeast on Gateway State Trail toward Lansing Ave N Head east on Gateway State Trail toward Lansing Ave N 13 Turn left onto Lansing Ave N Destination will be on the right Head north on Lansing Ave N toward 110th St N ,30 1 .e al Turn right onto 110th St N a Turn right onto County Rd 15/Manning Ave N Head south on County Rd 15/Manning Ave N toward 102nd St N • Head south on County Rd 15/Manning Ave N toward Dellwood Rd ® Turn left onto MN -96 E/Dellwood Rd Destination will be on the left Head east on MN -96 E/Dellwood Rd toward Mendel Rd N Q Slight right onto County Rd 55 O Continue onto Stonebridge Trail N Destination will be on the left a Head southeast on Stonebridge Trail N toward Johnson Ct • Continue onto Owens St N Turn left onto St Croix Ave W Destination will be on the left 0 mi (+0.37 mi) 0.37 mi (+0.04 mi) 0.4 mi (+0.28 mi) 0.68 mi (+0.69 mi) 1.37 mi (+0.76 mi) 2.13 mi (+0.21 mi) 2.35 mi (+0.43 mi) 2.78 mi (+0.68 mi) 3.46 mi (+0.84 mi) 4.3 mi (+0.3 mi) 4.6 mi (+0.98 mi) 5.58 mi (+0.21 mi) 5.79 mi (+0.8 mi) 6.58 mi (+0.27 mi) 6.85 mi (+0.88 mi) 7.74 mi (+0.33 mi) 8.07 mi (+0.97 mi) 9.04 mi (+0.54 mi) 9.59 mi (+0.46 mi) 10.05 mi (+1.19 mi) 11.24 mi (+0.08 mi) 11.32 mi (+0.2 mi) 11.52 mi (+0.49 mi) 12.01 mi (+0.14 mi) 12.14 mi (+0.08 mi) • Head east on St Croix Ave W toward William St N 12.23 mi (+0.06 mi) O Turn right onto William St N Destination will be on the left 12.28 mi (+0.35 mi) ® Head south on William St N toward Maple St W 12.64 mi (+0.1 mi) a Turn left onto Laurel St W 12.73 mi (+0.4 mi) D Destination 13.13 mi (+0 mi) MapMyRun • http://mapmyrun.com/routes/view/354495467 EXHIBIT "A" TO RESOLUTION #2014-057 Page 1 LIST OF BILLS 1000 Bulbs.com Light bulbs 73.68 3D Specialties Inc. Concrete base & uchannel adapte 623.51 3M Prismatic shtg and overlay film 1,021.44 Ace Hardware Supplies 192.27 Aspen Mills Uniforms 711.13 Batteries Plus Bulbs Batteries 128.28 BCA-CJTE Training Courses 1,010.00 Becker Fire Safety Services LLC Surface mount ext caninet 363.60 Board of Water Commissioner WAC Charges 5,841.00 Bornt Rich Mileage for training class 33.60 Boyer Trucks Patrs 65.75 Bureau of Crim. Apprehension MNJIS Section CJDN Connect 270.00 BWBR Fire station professional services 141,853.22 Carquest Auto Parts Auto parts and supplies 338.94 CDW Government Inc. Ithaca itherm USB 296.58 Century Link Phone 80.59 Century Power Equipment Repair 47.50 City of Woodbury 2014 Special response team 3,361.90 Clifton LarsonAllen LLP 2013 Audit 5,500.00 Comcast Internet, TV, Voice 323.65 CoStar Realty Information Inc Property professional 316.00 Dell Computers 8,979.51 ECM Publishers Publications 262.65 Fastenal Company Supplies 939.95 FedEx Shipping 28.52 Fixmer Don Camera 159.92 FleetPride Stack cage and ring kit 178.11 G & K Services Mats & Uniforms 837.49 Goodyear Commercial Tire Tires 1,757.46 Gopher Sign Co. Cast Iron extension arm 493.98 Gopher State One CaII Inc. Tickets 130.70 Haussner Plumbing LLC Plumbing repair 227.57 Healthsource Solutions Small business package and materials 300.71 Heritage Printing Inc. Business cards 63.00 Herman Michael Parking ramp cleaning after water mess 400.00 Holiday Credit Office Fuel 161.62 J.P. Cooke Co. The Dog license tags 57.50 Jimmys Johnnys Inc. Toilet rental 26.26 Kirvida Fire Inc. Repair leak on waterous drain maifold 89.00 L3 Communications Digital video system 16,026.00 Lake Country Door LLC Repair door replace spring 1,377.71 Loffler Companies Inc. Network support, copier, switches 33,779.17 MacQueen Equipment Inc. Air regulator 47.85 MCFOA MCFOA memberships 80.00 Menards Supplies 823.88 EXHIBIT "A" TO RESOLUTION #2014-057 Page 2 Metropolitan Council MMCI - St. Cloud State MN Crime Prevention Association MN Dept of Labor and Industry Municode NAPA Auto Parts Nardini Fire Equipment Newman Signs North American Safety O'Connell Amanda Office Depot Olsen Chain and Cable Inc. Performance Plus LLC S&T Office Products Stillwater Fire Relief Assoc Stillwater Motor Company Stillwater Rotary Club SW/WC Service Cooperatives Titan Machinery Trans Union LLC Tri-State Bobcat Tri-State Pump and Controls Inc. USA Mobility Wireless Inc. USPCA Region 18 Valley Trophy Inc. Verizon Wireless Veterans Memorial Viking Industrial Center Washington County Property Records Washington County Recorder Wheelco Truck and Trailer Parts Winnick Supply Yocum Oil Company Zayo Enterprise Networks Zee Medical Service LIBRARY 1000 Bulbs.com Ace Hardware Baker and Taylor Brodart Co Capital Label Inc. Culligan of Stillwater Danielson Susie G & K Services H W Wilson Wastewater Charge Registration - Beth 2014 membership - Dan Young Quarterly Surcharge Supplement pages Auto parts and supplies Inspection Signs Supplies Park fee refund Office supplies Chain sling Drug screen Office supplies MN Firefighters Relief Association payment Return Membership dues Retiree Health Insurance & COBRA Fitting Info charges Kit 7 pin acd Pulled pump for repair 2nd qtr messaging PD1 Certification Plaque Police Mobile Broadband 90% Super Valu 1st Qtr 2014 Oxygen sensors Property Tax Garley Easement Supplies Square tube Fuel Phone First aid supplies Light bulbs Supplies Materials Materials Book labels Water Reimburse for water for SPL retreat Towles & Rugs Materials 138,284.36 430.00 60.00 2,511.22 422.53 172.13 225.00 1,612.51 2,196.90 100.00 102.25 342.07 45.00 39.35 5,000.00 642.00 186.15 64,103.00 90.73 45.84 192.98 960.00 47.18 100.00 47.75 503.51 4,347.00 378.53 8,790.00 46.00 507.15 28.80 9,615.60 836.65 208.45 907.27 43.32 1,217.10 3,168.19 483.41 14.55 9.98 125.25 295.70 EXHIBIT "A" TO RESOLUTION #2014-057 Jadwin Kari Master Mechanical Inc. #69 Midwest Tape NAC Mechanical and Electrical Services NADA Used Car Guide Quill Corporation Stillwater Public Library Foundation Washington County Library Xcel Energy CREDIT CARDS Library Amazon.com Kowalskis Market Cajun Press USPS Reimburse for 9/6/14 wedding cancellation Maintenance contract Materials Machanical repairs Materials Supplies Reimbursement 1st qtr 2014 materials fee Gas Library materials Event food Chess club sets Postage Page 3 400.00 947.25 346.64 368.75 105.00 182.97 30.00 1,858.20 5,885.50 229.24 13.77 51.86 10.99 i11water. THE BIRTHPLACE OF MINNESOTA TO: Mayor & Council Members FROM: Bill Turnblad, Community Development Director DATE: April 7, 2014 RE: Rivertown Transportation LLC - Stillwater Trolley Parking Permit BACKGROUND In 2013 Rivertown Transportation LLC purchased the Stillwater Trolley Co from the Raleigh family. Over the last several years the Council has approved the usage of the parking spaces for the trolley on Nelson Street for $645 each. RECOMMENDATION No change is proposed from last year and therefore staff recommends approving the same two on street spaces at $645 each. The total fee would be $1,290. ACTION REQUIRED If the Council accepts the recommendation it should pass a motion approving the use of two parking spaces for Rivertown Transportation LLC at a price of $1,290 invoiced and payable in two installments. bt ti 1 lwatec Administration Memorandum To: Mayor & City Council From: Diane Ward, City Clerk Date: April 11, 2013 Re: Transfer of Tobacco License — Yocum's Holiday Store #3929 to Holiday Station Stores, Inc. A tobacco license request has been received from Holiday Station Stores, Inc. for the transfer of an existing tobacco license held by Yocum's Holiday Store #3929 to the corporate Holiday Station Stores. Background investigation on the owners, officers and manager has been completed and approved by the Police Chief and is currently being processed through the other departments. Approval for the license should be contingent upon approval by Finance, Fire, and Building Departments. ACTION REQUIRED: If Council desires to transfer the existing tobacco license, they should pass a motion to adopt Resolution entitled "APPROVING TRANSFER OF A TOBACCO LICENSE FROM YOCUM'S HOLIDAY STORE #3939 TO HOLIDAY STATION STORES, INC." RESOLUTION 2014-058 APPROVING TRANSFER OF A TOBACCO LICENSE FROM YOCUM'S HOLIDAY STORE #3939 TO HOLIDAY STATION STORES, INC. WHEREAS, an request been received for the transfer of an existing tobacco license from Yocum's Holiday Store #3939 to Holiday Station Stores, Inc. located at 2500 Orleans Street; 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 transfer of the tobacco license conditioned upon approval by Police, Fire, Building Inspection and Finance Departments, Adopted by Stillwater City Council this 15th day of April, 2014 Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk STAFF REQUEST ITEM Department: Fire Date: April 2, 2014 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval to purchase 4 Self Contained Breathing Apparatus (SCBA), 4 spare cylinders and 1 SCBA monitoring system. This equipment request was approved during 2014 budget preparations. Funds were approved and allocated for this purchase. 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) • 4 FIREHAWK M7 Air Mask Systems $18,093.60 • 4 MSA H-45 Stealth Cylinders $ 2,721.60 • 1 MSA Base Station Kit $ 1,727.08 Total $22,542.28 ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: April 2, 2014 EMLRGENCY RESPONSE S0LUTI0NS "Response is our Middle Name" PREPARED FOR: STILLWATER FIRE DEPARTMENT QUANTITY: DESCRIPTION: UNIT PRICE: TOTAL: 4 FIREHAWK M7 AIR MASK, 4500, CONFIGURED 0 Estimated Ship by Date 04/01/2014 CARRIER D DOUBLE PULL W/CHEST STRAP LUMBAR PAD RESCUE BELT ASSY. 1 SWIVELING CYLINDER 2 45 CARBON REGULATOR TYPE 6 CBRN, SOLID. COV. Q.C. SLIDE EMERGENCY BREATHING SUPPORT 2 EXTENDAIRE W/DUAL QUICK CO FACEPIECE TYPE C UE HYCAR MEDIUM NOSECUP 1 U. E. MEDIUM HEAD HARNESS 4 SPEED ON W/NECKSTRAP COMMUNICATIONS A NONE GAUGE/INTEGRATED PASS OPTION D CONTROL MD. W/RFID W/O THERM HEADS_UP_DISPLAY OPTION A M7 HUD CASE 0 NONE $4,523.40 $18,093.60 4 MSA 807570 -SP CYL & VALVE ASSY, H-45 STEALTH, 4500, PKG $680.40 $2,721.60 *N/C FREIGHT* $N/C TOTAL: $ 20, 815.20 ALL RETURNS ARE SUBJECT TO EMERGENCY RESPONSE SOLUTIONS RETURN POLICY - SPECIAL ORDER ITEMS CAN NOT BE CANCELLED OR RETURNED Quote Expires: 30 Days Date of Quotation: 4-2-2014 We appreciate the opportunity to earn your Business! Emergency Response Solutions, LLC 21371 Heidelberg ST NE, Linwood, MN 55092 Phone 612-840-4010 EMERGENCY RLSPONSE SOLUTIONS "Response is our Middle Name" PREPARED FOR: STILLWATER FIRE DEPARTMENT QUANTITY: DESCRIPTION: UNIT PRICE: TOTAL: 1 MSA 10072240 BASE STATION KIT, W/MAGNETIC ANTENNA $1,727.08 $1,727.08 TOTAL: $ 1,727.08 ALL RETURNS ARE SUBJECT TO EMERGENCY RESPONSE SOLUTIONS RETURN POLICY - SPECIAL ORDER ITEMS CAN NOT BE CANCELLED OR RETURNED Quote Expires: 30 Days Date of Quotation: 4-2-2014 *Taxes, if Applicable, and Shipping Charges are Not Included Unless Otherwise Noted * We appreciate the opportunity to earn your Business! Emergency Response Solutions, LLC 21371 Heidelberg ST NE, Linwood, MN 55092 Phone 612-840-4010 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: April 10, 2014 Subject: Technical Services Agreement with Washington Conservation District DISCUSSION Staff has been discussion with the Washington Conservation District with design assistance on the rain gardens from the 2012 and 2013 street improvement projects. For the eleven rain gardens on the project, the district has estimated the work to be no more than $4278. Attached is an agreement with the Conservation District for the proposed work. RECOMMENDATION It is recommended that Council approve the Technical Service Agreement between Washington Conservation District and City of Stillwater for the design of rain gardens. ACTION REQUIRED If Council concurs with the recommendation, they should pass resolution approving the 2014-2015 TECHNICAL SERVICES AGREEMENT BETWEEN THE WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER RESOLUTION NO. 2014-059 APPROVING 2014-15 TECHNICAL SERVICES AGREEMENT WITH WASHINGTON CONSERVATION DISTRICT WHEREAS, an agreement to design eleven rain gardens on the 2012 and 2013 street improvement projects has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council this 15th day of April 2014. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk Agreement Number: 2014 -01 -Stillwater 2014-2015 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER A. PARTIES This Agreement is made and entered into by Washington Conservation District, (WCD), and City of Stillwater (City). B. PURPOSE WHEREAS, the City has requested assistance from the WCD to implement the policies specified in MINN. STAT. § 103A.206; and WHEREAS, the WCD is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. § 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the parties agree as follows: C. TERM OF CONTRACT The term of this agreement shall be from April 15, 2014 to December 31, 2014 unless terminated earlier as provided herein. D. SCOPE OF SERVICES The WCD will perform all services and furnish and deliver work products generally described in the attached Exhibit(s), attached and made part of this agreement. E. COST In full consideration for services under this agreement, the WCD shall charge the City a fee for its staff services in accordance with the attached Exhibit(s). Costs for services for activities detailed in the attached Exhibit(s) include: Exhibit A — WCD Technical Services: $4,278 for WCD Services. Hours will be billed hourly and will not exceed this cost estimate. F. BILLING PAYMENTS WCD will bill the City for staff services and actual direct project expenses. For 2014, the services provided by the WCD hereunder shall be billed at $63/hour per the attached fee schedule: Invoices will be sent monthly and are payable by the City within 60 days. G. EQUAL EMPLOYMENT OPPORTUNITY— CIVIL RIGHTS During the performance of this Agreement, the WCD agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. If during the term of this Agreement, it is discovered the WCD is not in compliance with the applicable regulations as aforesaid, or if the WCD engages in any discriminatory practices, then the City through the office, may cancel said Agreement as provided by the cancellation clause of this Agreement. Page 1 Agreement Number: 2014 -01 -Stillwater H. STANDARDS The WCD shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq., or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The WCD agrees to abide by these statutes, rules and regulations and as they may be amended. J. AUDITS, REPORTS, AND MONITORING PROCEDURES The WCD will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the City, County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the rights to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the WCD which are relevant to the contract. K. INDEMNITY The WCD and the City mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless for any and all damages, liability or cost (including reasonable attorneys' fees and costs of defense) arising from their own negligent acts, errors or omissions in the performance of their services under this agreement, to the extent each party is responsible for such damages and losses on a comparative basis of fault. Parties agree to provide proof of contractual liability insurance upon request. L. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the WCD as the agent, or employee of the City for any purpose or in any manner whatsoever. The WCD is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The WCD represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the WCD or other person, while engaged in the performance of any work or services required by the WCD under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City. M. MODIFICATIONS Any material alteration or variation to this agreement shall be reduced to writing as an amendment and signed by the parties. Any alterations, modification, or variations deemed not to be material by agreement of the WCD and the City shall not require written approval. N. MERGER Page 2 Agreement Number: 2014 -01 -Stillwater It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. O. TERMINATION Either the WCD or the City may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. If the City terminates this Agreement without cause, it shall pay to the WCD for services performed up to the date of termination. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: CITY BY: BY: WCD BY: Date Di3te Board Chair Title Title Date District Manager Title Title Page 3 4/ 1.-79 Date Agreement Number: 2014 -01 -Stillwater EXHIBIT A WCD TECHNICAL SERVICES 2014-2015 TECHNICAL SERVICES AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT (WCD) AND CITY OF STILLWATER (City) At the request of the City the WCD shall furnish the following services under the terms of the AGREEMENT. Task 1: Raingarden Plant Installation Coordination Not To Exceed 56 Hours The WCD will provide up to 56 hours assistance to city engineering to develop planting plans, order, layout and coordinate the installation of plants for 11 raingardens installed in 2013 as part of the Pine Street reconstruction project and in 2012 at the following addresses: 212 N Harriet, 410 Rice Street West (south side of the road), 327 Harriet Street North (corner of the intersection of Harriet and Linden). The City will ensure the raingardens are mulched. Plants and delivery fees will be submitted to the city for reimbursement. Task 1 Estimate: $63/Hour * 56 Hours = Not to Exceed $3,528 Task 2: MCC Maintenance Match Not To Exceed $750 The WCD will coordinate MCC crews for the maintenance of Lily and McKusick Raingardens. The City will reimburse up to $750 of materials costs related to the maintenance of the raingardens. Task 3 Estimate: Not to Exceed $750 Tasks 1-3 Total Estimate: Not To Exceed $4,278 for WCD Services Note: Estimated costs do not include Plant and material cost or watering costs. TASK 3. Miscellaneous Technical Assistance The WCD will provide other technical assistance, relating to erosion/sediment control and stormwater management, at the request of the City. Examples include supplemental construction monitoring, stormwater management technical design assistance and maintenance coordination. Task 4 Estimate: Services shall be provided on a request -basis in accordance to the attached fee structure. Page 4 Agreement Number: 2014 -01 -Stillwater WCD 2014 Technical Services Rate Schedule The Washington Conservation District shall use the following rate schedule. Seasonal $38 Technician $52 Senior Technician/Specialist $57 Senior Tech II/Specialist II $63 Engineering Specialist $74 Senior Specialist $74 District Manager $74 Technical services provided by the WCD will be billed in accordance with this Rate Schedule. Invoices are generally sent on a quarterly basis (unless other arrangements are made) and will summarize the work performed. Invoices are payable within 60 days. Office supplies, in-house reproduction expenses, and transportation are included in the rates noted above. Out source reproduction, special bulk mailings, equipment, supplies, and other non -ordinary costs are not included. Any direct costs are to be reimbursed at actual cost. Page 5 RESOLUTION 2014-060 APPROVAL OF 2014 HARLEY-DAVIDSON FLHTP LEASE — POLICE DEPARTMENT BE IT RESOLVED, by the City Council of Stillwater, MN that the lease agreement between St. Croix Harley-Davidson, Inc. and the City of Stillwater, for a 2014 Harley- Davidson, FLHTP Police Motorcycle for the Stillwater Police Department, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the lease. Adopted by the City Council of the City of Stillwater this 15th day of April 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2014 HARLEY-DAVIDSON FLHTP LEASE THIS AGREEMENT is made and entered into this 1st day of April, 2014 by and between St. Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and the City of Stillwater a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose of lending to the Lessee Harley-Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City of Stillwater under the authority of Minn. Stat. §§412.211 and 412.221. WHEREAS, the City of Stillwater is desirous of leasing motorcycles for the Stillwater Police Departments use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City of Stillwater for a reasonable cost. WHEREAS, it is in the best interest of the City of Stillwater and its residents for it to lease the motorcycles from the Lessor under the terms and condition of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2014 Harley-Davidson FLHTP Police Motorcycle, BLACK, VIN 1HD1FMM14EB640798 (hereinafter the "Motorcycles"). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and Stillwater Police Department policy to operate the Motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance, public liability insurance and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of the Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for and loss, claim, damage, action or the like arising out of negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist and mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owner's manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operation accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying the Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Seventeen Thousand Nine Hundred and Ninety Five and No/100 Dollars ($17,995.00). 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycles clean and for reporting and repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments, which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under the Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. LESSEE: City of Stillwater, a Minnesota Municipal Corporation Date: /7 By: Its: Date: LESSOR: ST. CROIX HARLEY-DAVIDSON, INC., a Wisconsin corporation By: Stefanie Simacek Date: Its: Finance Manager RESOLUTION NO. 2014-061 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 11 BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council will meet on June 3, 2014, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 1, all pursuant to Minnesota Statutes Section 469.124 to 469.134, inclusive, as amended, the proposed Adoption of the Financing Plan of Tax Increment Financing District No. 11 (a "Redevelopment District"), all pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.179, inclusive, as amended. Section 2. Notice of Hearing; Filing of Program Modification and Plan. The City Attorney is authorized and directed to prepare a Modification to the Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 11 and to forward documents to the appropriate taxing jurisdictions, including Washington County and Independent School District No. 834. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10 nor more than 30 days prior to June 3, 2014, and to place a copy of the Program Modification and Plan on file in the City Administrator's office at City Hall and to make the copy available for inspection by the public. Dated: April 15, 2014 Ken Harycki, Mayor Attest: Larry D. Hansen, City Administrator MEMORANDUM TO: Mayor and City Council `11 FROM: Shawn Sanders, Director of Public Works DATE: April loth 2014 RE: Wetland Conservation Act DISCUSSION: Recently staff met with the Washington Conservation District (WCD) regarding the administering of the Wetland Conservation Act (WCA). Administration of the WCA entails approving wetland boundaries and reviewing requests for wetland impacts and replacements which requires knowledge in water resource management. It also gives authority the Local Government unit to designate authority to other entities. This issue was brought to the City Council back in 2010, where a resolution was passed that delegated WCA responsibility to the WCD, but certain requirements were not filed with the State Board of Water and Soil Resources essentially voiding the resolution. In addition, the WCD has recently stated they would rather not be the legal authority for the City in administering the WCA. This leaves the authority and administrative responsibility to implement the WCA back with the City of Stillwater. This does not appear to be much of an issue since there has been little activity relating to the WCA in the City and not much more in the future. Also, the WCD has indicated that they would assist us in any way when any decision making is needed regarding the WCA in the future. RECOMMENDATION Staff Recommends that Council pass A Resolution Regarding the Administration of the Wetland Conservation Act which retains responsibility of the WCA to the City. ACTION REQUIRED If Council concurs with the recommendation, they pass a motion adopting Resolution 2014- , A RESOLUTION REGARDING THE ADMINISTRATION OF THE MINNESOTA WETLANDCONSERVATION ACT RESOLUTION NO. 2014-062 A RESOLUTION REGARDING THE ADMINISTRATION OF THE MINNESOTA WETLAND CONSERVATION ACT WHEREAS, Resolution 2010-185 was adopted by City Council on December 7, 2010 WHEREAS, the City of Stillwater has accepted the authority and administrative responsibility to implement the Wetland conservation Act (WCA) within the legal boundaries of the City of Stillwater, in accordance with Minnesota Rules, Chapter 8420; and WHEREAS, the City of Stillwater is authorized by Minnesota Administrative Rules Part 8420.0200, Subpart 2, Item C, to delegate certain functions with regard to the implementation of WCA, including the authority to make decisions on applications, to its staff or designee; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater: 1. That decision-making authority for WCA exemption, no -loss, wetland boundary and type, and sequencing applications is delegated to the city staff or their designee, including the Washington Conservation District; 2. That staff or the Washington Conservation District, may request that the City Council exercise decision-making authority for exemption, no -loss, wetland boundary and type, and sequencing applications, in cases such as, but not limited to, the following: controversial projects, disputes with land owners, or when an application is recommended for denial; 3. That decision-making authority for replacement plan and wetland banking applications is retained by the City Council of the City of Stillwater; and that appeals of staff decisions will be heard by the City Council. 4. That Resolution 2010-185 is hereby rescinded. Adopted by the City Council of Stillwater this 15th day of April, 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk i11watr THE BTHFLCL OF M i N N E S 0? A Memo To: Mayor and City Council From: Tim Moore, Public Works Superintendent Date: April 11, 2014 Re: Proposed Ball Field Fencing at Millbrook Park DISCUSSION In 2012 the City of Stillwater budgeted $185,000.00 for park improvements at Millbrook Park. The park has been constructed in phases starting with grading for the parking lot (done by Public Works staff). Parking lot improvements, sidewalks, and play structure contracted. The ball field construction was started last fall with Public Works staff and volunteer labor from the St. Croix Valley Baseball Association. The grass infield has been installed and dug outs erected and staff has received quotes to install a back stop, infield fence and foul line fence. Midwest Fence had the most complete bid using the highest quality material that will serve the community for many years. Their quote was for $13,994.00 to furnish and install the back stop and fencing. RECOMMENDATION Staff recommends contracting with Midwest Fence for $13,994.00 to furnish and install the back stop and fencing. THE BIRTHPLACE. OF MINNESOTA Memo To: Mayor and City Council From: Tim Moore, Public Works Superintendent Date: April 11, 2014 Re: Washington Avenue Storm Sewer Joint Repair DISCUSSION Washington Avenue 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 and required a certain amount of separation from the street sub grade. The joints on this pipe were non gasket joints and have been failing and repair of the joints was started last construction season. This will be the second year of a 3 year phased repair. The method to repair the joints on this pipe 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. Thul Specialty Contracting, Inc. performed the work last year and has quoted the same price this year. The cost to repair 256 lineal feet is $2303.00 per joint for a total of $73,700.00. 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. RESOLUTION 2014-063 APPROVING CONTRACT WITH THUS SPECIALTY CONTRACTING INC. BE IT RESOLVED, by the City Council of Stillwater, MN that the contract between Thul Specialty, Inc. and the City of Stillwater, for 2014 Washington Avenue Storm Sewer Joint Repair, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 15th day of April 2014. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER PUBLIC LIBRARY To: Mayor and City Council From: Lynne Bertalmio, Library Director Re: 2014 Capital Budget Release April 11, 2014 At its meeting on April 8, 2014, the Stillwater Public Library Board of Trustees voted 6-0 to request the release of $3,000 for wireless system replacement. This item was included in the library's approved 2014 capital budget. twa ter T HE BIRTHPLACE 0B' MkNNESO?A CITY COUNCIL MEETING DATE: April 15, 2014 CASE NO.: SUP/2009-17 APPLICANT: Karen S. Johnston, representing ArtReach Alliance St. Croix, property owner REQUEST: Consideration of approval for outdoor events to be held at 224 4th Street North ZONING: Institutional COMP PLAN DISTRICT: Institutional PREPARED BY: Abbi Jo Wittman, City Plann BACKGROUND In May, 2009, the City issued SUP/2009-7 allowing ArtReach Alliance to renovate a residential duplex to be used for offices and art exhibits. A condition of approval was "Outside assemblies will only be allowed with approval of the City Council after holding a public hearing...." The condition was put in place to help prevent conflicts with residential uses in this neighborhood. REQUEST On March 19 the City received a request for approval of 2014 programming events scheduled to take place at the ArtReach Alliance facility located at 224 4th Street North. While some events are specifically designed to be hosted on the front porch, people may 'spill over' onto the front porch or in the lawn area during other events as well. The request specifically requests: • Front Porch Series (6:00 - 8:00 p.m.): July 17, 24 and 31 and August 7 and 14 • Exhibit Receptions (10:00 a.m. - noon): May 17 • Exhibit Receptions (6:00 - 8:00 p.m.): June 26, July 10, and August 21 • Stillwater Log Jam*: July 18-20 • Take Me to the River*: September 19-20 and 27-28 *Events to be determined will not run greater than three hours each day. COMMENTS The main concerns related to events at ArtReach Alliance are noise and parking. Therefore, the events will need to live by the noise regulations of the nuisance ordinance, City Code Section 38-3. Essentially that means there can be no outside music after 10 PM. Since the Front Porch Series with music is scheduled to be over at 8 PM, these events will certainly meet the 10 PM deadline. In terms of parking, most of the event visitors will park on -street. After business hours and on weekends, the City Hall's lower parking lot might also be available so visitors do not need to park too far into surrounding residential neighborhoods. RECOMMENDATION Staff recommends the Council approve the attached Resolution, authorizing outdoor assemblies to be held in conjunction with ArtReach Alliance's the 2014 programming events. ATTACHMENTS Applicant request (2 pages) 2009 SUP and 2014 Resolution Case No. SUP/2009-17, 224 4th Street No. CC April 15, 2014, Page 2 of 2 KAREN S. JOHNSTON 8200 Hill Trail North Lake Elmo, MN 55042 651-777-4444 March 17, 2014 Abbi Wittman City Planner City of Stillwater 216 4th Street North Stillwater, MN 55082 RE: ArtReach St. Croix Special Use Permit Dear Ms. Wittman: MAR 1 9 2014 enmrrtnnt+e, t)Rvetopment Department On May 21, 2009, the City of Stillwater issued a Special Use Permit (SUP) to ArtReach St. Croix (ArtReach) covering its facility located at 224 4th Street North in Stillwater. Condition 4 of this SUP provides that ArtReach may hold outside assemblies at its facility with City Council approval. In Patrick Overton's collection of essays Rebuilding the Front Porch ofAmerica he laments the loss of the community "front porch," resulting in an increasing sense of isolation. Overton offers community arts as a remedy and defines community arts as "the new front porch of America," a place where friends and neighbors gather to share their stories. It is in this spirit that ArtReach St. Croix plans our public events. As a member of the ArtReach Board of Directors, I have been authorized by ArtReach to request City Council approval for ArtReach to hold various events during 2014 which may include use of its front porch and the yard area south of the ArtReach building. The events for which approval is requested are as follows: EXHIBIT OPENING AND CLOSING RECEPTIONS ArtReach generally hosts a public opening or closing reception to showcase its gallery exhibits and to encourage the community to view its changing art offerings. During the summer months, attendees at these receptions enjoy using the front porch area or the yard area to the south to socialize. While the receptions are not billed as outdoor events, some incidental use of the porch or yard may occur. The dates for which approval is requested for an outdoor assembly in connection with a gallery opening or closing reception are as follows: Saturday, May 17 10:00 a.m. - Noon Thursday, June 26 6:00 p.m. - 8:00 p.m. Thursday, July 10 6:00 p.m. - 8:00 p.m. Thursday, August 21 6:00 p.m. - 8:00 p.m. FRONT PORCH SERIES During the summer months, ArtReach plans to host a "Front Porch Series." These events are casual, outdoor events which are intended to encourage friends and neighbors of ArtReach to enjoy the evening by listening to an author or poet presenting his or her work. Musical interludes are generally a part of the program as well featuring solo or small group ensembles. In addition, there may be an artist in the yard or on the porch who will present demonstrations to interested attendees. These low key, community oriented events are held on Thursday evenings from 6:00 p.m. - 8:00 p.m., and are being considered for the following Thursdays in 2014: July 17 July 24 July 31 August 7 August 14 OTHER POTENTIAL OUTDOOR EVENTS ArtReach has created the fall arts event, Take Me to the River, which promotes the arts community in the St. Croix Valley and brings visitors to our area from all over the upper Midwest. While ArtReach currently has no events planned at its facility in connection with Take Me to the River, it would like to be able to do so should there be the opportunity to host an appropriate type of event. Therefore, ArtReach is requesting approval to hold an event with an outdoor component on one of the weekend dates during Take Me to the River. For 2014, these dates are September 19, 20, 27 and 28. If an event is planned, it would be held on one of these dates. In addition, ArtReach would like to be supportive of the new Stillwater summer festival, Stillwater Log Jam. While no outdoor event is currently being planned at the ArtReach building in connection with this festival, ArtReach would like to have the flexibility to host such an event for one of the days of Log Jam, July 18, 19 or 20. Thank you for your consideration of our request. All of us at ArtReach look forward to discussing our program plans and our interest in opening our doors and our front porch to art lovers in the City of Stillwater and in the entire St. Croix Valley. Should you have any questions or require further information, please contact me or Heather Rutledge, the Executive Director of ArtReach St. Croix, who can be reached at 651-439-1465. Karen S. Johnston Member, Board of Directors ArtReach St. Croix a er THE BIRTHPLACE OF MINNESOTA ORIG1NAL Case No.: PC2009-017 Permit Fee: $500.00 Paid: 4/21/2009 ZONING USE PERMIT Permit Type: Special Use Permit Planning Commission Meeting Date: 5/11/2009 ActionNote: Approved 8-0 Description of Project: SUP for renovation from duplex to office use Applicant(s): ARTREACH ALLIANCE LARSON BRENNER ARCHITECTS Project Address: 224 4TH ST N Property ID No.: 2803020130152 Zoning District: PA Conditions: 1. The remodeling and reuse shall be in compliance with the plan set dated 4/12/09, which is on file in the Community Development Department. 2. Any signs on the property will require a permit from the Heritage Preservation Commission prior to installation. 3. Prior to the issuance of a building permit, an exterior lighting plan shall submitted, reviewed, and approved by the Community Development Director. The lighting plan shall show the fixture type, wattage, height, location and exterior lighting intensity. All lighting shall be directed away from the street and adjacent properties. Light sources shall be shielded from direct view. 4. Outside assemblies will only be allowed with approval of the City Council after holding a public hearing. Notice for the hearing shall be mailed to all property owners within 350 feet of the ArtReach Alliance property. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. l 3 Q her or Representative 1/4.) dej Dae Community veloprrlent Director S 1) Date A zoning use permit is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This zoning use permit will be null and void if the project that is permitted by this permit is not completed within two years from the date the permit is granted. City of Stillwater - 216 N Fourth St - Stillwater, MN 55075 - 651-430-8820 Page 1 of 1 A RESOLUTION APPROVING OUTDOOR ASSEMBLIES IN CONJUNCTION WITH THE 2014 ARTREACH ALLIANCE EVENTS PROGRAM CONDITION OF CASE NO. SUP/2009-7 WHEREAS, the ArtReach Alliance made application for approval of a Special Use Permit for an interior renovation of a residential duplex structure to be used for offices and art exhibits, at 224 4th Street North; and WHEREAS, on May 11, 2009, the Planning Commission held a public hearing on the requested Special Use Permit amendment, and unanimously recommended approval of SUP/2009-17 with three conditions including that "Outside assemblies will only be allowed with approval of the City Council after holding a public hearing..." attached hereto as Exhibit A; and WHEREAS, on March 19, 2014, ArtReach Alliance submitted a request to hold certain programming events in 2014 which may include outside assemblies; and WHEREAS, on April 15, 2014, the City Council held a public hearing, after noticing all neighbors within 350' of 224 4th Street North, to consider authorization of certain outdoor assemblies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves certain outdoor assemblies in conjunction with the 2014 ArtReach Alliance event program with the following conditions: 1. The following 2014 programming events shall be permitted to include outdoor assemblies: a. May 17: Exhibit Receptions, scheduled program from 10:00 a.m. to noon b. June 26: Exhibit Receptions, scheduled program from 6:00 to 8:00 p.m. c. July 10: Exhibit Receptions, scheduled program from 6:00 to 8:00 p.m. d. July 17, 24 & 31: Front Porch Series, scheduled program from 6:00 to 8:00 p.m. e. July 18-20: Stillwater Log Jam, no scheduled program o Daily outdoor assemblies shall not exceed three hours in length f. August 7 & 14: Front Porch Series, scheduled program from 6:00 to 8:00 p.m. g. August 21: Exhibit Receptions, scheduled program from 6:00 to 8:00 p.m. h. September 19 & 20: Take Me to the River, no scheduled program o Daily outdoor assemblies shall not exceed three hours in length i. September 27 & 28: Take Me to the River, no scheduled program o Daily outdoor assemblies shall not exceed three hours in length 2. All permitted outdoor assemblies shall comply with City Code Section 38-3, Noise Control and Regulation. 3. Outside music involved with any outdoor assembly shall cease no later than one half hour later than the regularly -scheduled program. 4. Additional outside assemblies will only be allowed with approval of the City Council after holding a public hearing. Notice for the hearing shall be mailed to all property owners within 350 feet of the ArtReach Alliance property. Enacted by the City Council of the City of Stillwater, Minnesota this 15th day of April, 2014. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, Clerk TO: Stillwater City Council FROM: Casi Butts, Magnuson Law Firm RE: Janetkhan Tobacco Application — Staff Recommends Denial DATE: April 11, 2014 Stillwater City Code §41-2 Section 41-2 of the Stillwater City Code governs licensing of tobacco sales. Under §41-2 Subd. 3, no one may sell tobacco or related products in the City of Stillwater without first obtaining a license. An individual wishing to obtain a license must fill out an application and supply the necessary information to the City of Stillwater. The City Clerk, with the help of the Chief of Police, is responsible for ensuring that all background checks are done and that the application is complete. §41-2 Subd. 3(1). Once complete, the Clerk forwards the license application to the City Council for further action. Id. The City Council may approve or deny a license application, or may delay action for such reasonable time necessary to complete an investigation of the application. §41-2 Subd. 3(2). The City Code lists 6 bases on which a tobacco license may be denied. See §41-2 Subd. 5. However, the existence of any particular ground "does not mean that the City must deny the license." Id. Among the grounds for denial is the following: "(6) The location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute, or criminal activity." §41-2 Subd. 5(6). Other grounds for denial include having a tobacco license revoked within 12 months of the application (§41-2 Subd. 5(3)) and failing to provide information or providing false/misleading information (§41-2 Subd. 5(4)). Procedural Background Ms. Shaesta Janetkhan first submitted an application for a tobacco license in late February 2014. On March 4, 2014, Stillwater Police Chief John Gannaway sent a letter to Ms. Janetkhan indicating that the application would be denied and requesting that she supply additional information in order to be reconsidered. On March 11, 2014, Ms. Janetkhan, through her attorney, resubmitted her application and provided an answer to Chief Gannaway's letter. On April 1, 2014, I sent a letter to Ms. Janetkhan advising her that the application would be presented to the City Council on April 15, and that the City Staff would recommend denial. Basis for Recommending Denial Ms. Janetkhan has applied for a tobacco license to operate a shop on the premises of 2040 Market Drive, the previous location of Tobacco Market, Inc. Since late 2012, three individuals have been cited for selling tobacco to minors from this location. In one case, charges are still pending. (See State v. Sarwat Bahgat Omar Ahmet Bahgat, 82 -CR -13-4800). In addition, charges are currently pending against one individual for selling tobacco without a license on the premises (See State v. Mohammed Waleed Wazwaz, 82 -CR -14-496). There is also an ongoing investigation involving illegal possession and sales of tobacco from the 2040 Market Drive location by the previous license holder, Yassin Wazwaz. These charges and the pending investigation demonstrate that the premises have been maintained as a public nuisance and a place of criminal activity. In his March 11, 2014 letter, Ms. Janetkhan's attorney indicated that the previous license holder was fully divesting himself of this business by selling it to Ms. Janetkhan. When Chief Gannaway asked Ms. Janetkhan to explain why a copy of her license application was found during a lawfully executed search of Mr. Wazwaz's residence, Ms. Janetkhan explained that Mr. Wazwaz had a copy to convince the premises owner to allow Ms. Janetkhan to assume the lease for the premises. However, in addition to the license application being found in Mr. Wazwaz's home, Mohammed Wazwaz, younger brother to Yassin Wazwaz, was found during a traffic stop to be driving a vehicle registered to Ms. Janetkhan. The Staff further feel that clarification of Ms. Janetkhan's connection to the Wazwaz family is necessary to ensure actual divestment of the previous license holder. Because of the three prior citations for sales to a minor, Mr. Wazwaz's own license was revoked in January 2014, making him ineligible for a license himself. Further, after revocation, Mr. Wazwaz continued to sell tobacco on the premises, resulting in the current pending investigation. Due Process Implications The Due Process Clause of the US and MN Constitutions requires that a hearing before the City Council be fair and impartial. Only the documents made part of the record, and the testimony of witness given at the hearing should be considered. In a recent case involving the City of Minneapolis, the Supreme Court criticized City Council members who had attended and spoken out at neighborhood meetings involving a controversial land use proposal. This showed that they had received and considered information "outside of the record" that could have influenced their decision. Why is this a problem? First of all, some, but not all of the members were present at the neighborhood meetings, and even more important, opponents were not present to rebut. So "fair play" means that our Mayor and Council should not discuss this pending matter with the complaining people and should not give statements to the press before the hearing. TO: Stillwater City Council FROM: Casi Butts, Magnuson Law Firm RE: Proposed Amendments to the Stillwater City Code 1. Public Urination (§52-18) 2. Noise (§38-3) 3. Administrative Offenses and Fine Schedule (§ 22-11, Appendix A) DATE: April 7, 2014 Introduction Several proposed amendments to the Stillwater City Code will be introduced at the City Council Meeting on April 15, 2014. The general goal of these amendments is to expand police ability to protect the peace and comfort of Stillwater residents and to expand the use of administrative citations as an alternative to criminal citations for certain kinds of offenses. Each of the amendments is explained below. A copy of the proposed amendment for each section follows the memo. 1. Public Urination The Stillwater City Code presently has no prohibition against public urination, although this is a somewhat common occurrence, particularly in the downtown area. Presently, "offenders" are issued a criminal citation for disorderly conduct. However, a citation specific to the offense, which could also be made an administrative citation, would likely be more appropriate. Many other cities in the metropolitan area have similar prohibitions in their ordinances. For a discussion of administrative citations, see Part 3, below. For the proposed amendment, see page 4. 2. Updating the Noise Ordinance Stillwater City Code §38-3 defines noise as any "unwanted sound." This section regulates noise in the community, including by placing time limitations on certain activities (such as construction), and placing a prohibition on making noise with sound producing/reproducing equipment (radio, electronic speakers, etc.) Section 38-3 also regulates noise using a sound level meter based on land use and zoning restrictions within the City limits. The regulations relating to specific sound meters are in keeping with the rules and regulations established by the Pollution Control Agency in relation to noise pollution. Section 38-3 provides a civil enforcement mechanism for violations of the sound level/land use regulations. Failure to comply with the civil process, as well as a violation of any 1 other subdivision, is a misdemeanor criminal offense. The Section also gives officers the authority to issue an Administrative Citation with a $100 fine. Unlike administrative fines for traffic citations, the City keeps 100% of the proceeds of an administrative fine for noise. Basis for Amendment Section 38-3 presently has no general prohibition for unwanted noise in the Stillwater community. The amendment creates a new Subdivision 2 with a general prohibition of "any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property." This could be applied to a motorcycle or vehicle whose muffler complies with the provisions of Minn. Stat. § 169.69 but which nevertheless creates an unreasonable and disturbing amount of noise in the community. It could also be applied to an individual walking down the street at 2 AM shouting or otherwise creating an unreasonable amount of noise that disturbs sleeping neighbors. Because of the "unreasonable" descriptor in the amendment, police officers will have discretion to weed out unreasonable complaints, and may still choose to issue an Administrative Citation as opposed to bringing criminal charges (either under this section or, for example, for Disorderly Conduct, which could also apply to the individual shouting at 2 AM). To further direct the application of the general prohibition, the amendment includes a re- definition of the term "noise." The proposed definition in the amendment closely follows the definition used under Minnesota law. See Minn Stat. § 116.06 Subd. 15. The proposed definition attempts to limit noise prohibitions to those sources which are under human control, as opposed to natural sources of noise which may occur on an individual's property and be unwanted, but nevertheless be out of the homeowner's ability to control. For a copy of the proposed amendment, see pages 5 — 8. 3. Administrative Citations The Stillwater City Code allows the Stillwater Police Department to issue administrative citations as an alternative to traditional criminal charges for certain offenses. See Stillwater City Code § 22-11. The purpose of an administrative citation is to avoid the negative consequences associated with the criminal justice system, including: (1) delayed resolution; (2) associating the "criminal" label with violations of administrative regulations; (3) disproportionate burden of proof and/or criminal penalties. See Stillwater City Code § 22-9 Subd. 1. The administrative citation is voluntary and allows unwilling participants to withdraw; a hearing process is also specified if an individual wishes to challenge the citation. In regard to offenses under the Minnesota Highway Traffic Regulation Act (HTRA), use of an administrative citation is financially beneficial both to the City of Stillwater and potential violators. The fine amount for an administrative traffic citation is $60: $40 is kept by the City of Stillwater, whereas $20 is given to the State General Fund. In contrast, when a traffic citation is issued, the City keeps 66 2/3% of the fine amount, and the State General Fund receives 33 1/3%. 2 The State also adds fees and surcharges in the amount of $75 to the price of the citation; however, no proceeds of these fees are given to the City. For example, a traffic citation issued under §169.69 for a loud muffler is $50, or $135 after fees/surcharges. Of this amount, the City receives roughly $33.33. In contrast, an administrative citation would cost the violator $60, and the City would keep $40. Of this amount, $20 must be allocated to law enforcement purposes. Purpose and Explanation of Amendment The HTRA places specific limits on which traffic offenses may be resolved through an administrative citation as opposed to the uniform traffic citation. See Minn. Stat. § 169.999. The current Administrative Offenses and Fine Schedule in the Stillwater City Code no longer complies with these requirements. The proposed amendment removes 14 traffic offenses which are prohibited from being resolved by administrative citation under Minn. Stat. § 169.999 Subd. 1(c). The proposed amendment also removes one offense under the Stillwater City Code (Jake breaking/Loud Muffler) which is duplicative of a state law offense under § 169.69 and therefore preempted by § 169.999. Further, the proposed amendment adds 31 traffic offenses to the Administrative Offenses and Fines Schedule that are allowed to be resolved through the administrative citation process under § 169.999. For a copy of the proposed amendment, see pages 9 —12. 3 New Language Deleted Language Chapter 52 OFFENSE AGAINST PUBLIC PEACE, SAFETY AND WELFARE Section 52-18: Public Urination Subd. 1 — Prohibition It is unlawful for any person to urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. Subd. 2 — Exclusions Enforcement of this section shall not apply to those who, either due to age or to a verifiable medical condition, may be unable to adequately control the bodily functions that control urination or defecation. Subd. 3 — Penalty Violation of this section shall be a misdemeanor. 4 New Language Deleted Language Sec. 38-3. Noise control and regulation. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: General. Words and phrases defined in this subdivision have, when used in this section, the meanings given in this section. Any other word or phrase used in this section, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC -1 and NPC -4, has the meaning given in those regulations. L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one-hour period. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one-hour period. Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is specified, the sound shall be Sound to be measured by a sound level meter (SLM) having characteristics as specified in the latest standards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of standards. Subd. 2. General Prohibition No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the following subdivisions. It is not a violation of this provision to operate specified equipment in keeping with the restrictions of Subdivision 4, below. Subd. 3. Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or 5 reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 4. Hourly restriction on certain operations. Certain operations shall be restricted during certain hours as follows: (1) Recreational vehicles. No person may, between the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snowmobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source. (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this subsection. (3) Construction activities. No person may engage in or permit construction activities involving the use of any kind of electric, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Subd. 5. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. Table I. Sound Levels by Receiving Land Use Districts. 6 Day (8:00 a.m.-10:00 p.m.) Night (10:00 p.m. -8:00 a.m.) Land Use Districts L10 Standard L50 Standard L10 Standard L50 Standard Residential 65 dBA 60 dBA 55 dBA 50 dBA 6 Commercial 70 dBA 65 dBA 70 dBA 65 dBA Industrial 80 dBA 75 dBA 80 dBA 75 dBA For noise relative to period less than L-10 Standard, the following conditions apply: No indoor sound level shall be raised more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing background noise level. The limits of the most restrictive district shall apply at the boundaries between the different land use categories. The determination of land use shall be by its zoned designation. Subd. 6. New multiple dwelling construction. New multiple dwelling construction may have a sound transmission class (STC) designed to 50; field measurable to 45; and impact isolation class designed to 50; field measurable to 45, in addition to meeting requirements of the state uniform building code. Subd. 7. Enforcement of section. This section shall be enforced as follows: (1) Notice of certain violations. When the enforcement officer determines that a noise exceeds the maximum sound level permitted under subdivision 5 of this section, he must give written notice of the violation to the owner or occupant of the premises where the noise originates and order the person to correct or remove each specified violation within such reasonable time prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this section. (2) Civil remedies. This section may be enforced by injunction, action for abatement or other appropriate civil remedy. (3) Criminal penalties. Every person who violates any other provision of this section is guilty of a misdemeanor. Each act of violation and each day a violation occurs or continues constitutes a separate offense. (4) Administrative Citations. 7 Subd. 7. Variances. (a) The city council is empowered to grant requests for waivers from the literal provisions of the noise control regulation because of circumstances unique to the individual property under consideration. (b) For property in the PA public administration zoning district, no waivers may be granted until a public hearing is held by the city council and a notice of the time, place and purpose of the hearing must be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. Similar notice must be mailed at least ten days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the request for a waiver relates. (c) In all other zoning districts, for events such as block parties and backyard gatherings for birthdays and weddings, the city council may proceed to hear and grant waivers without notice if the applicant provides written letters of support from adjoining neighbors. (d) The city council may, from time to time, establish by resolution, the requirement that an application fee be paid in order to file a request for a waiver under this section. 8 New language Deleted language EXHIBIT A ADMINISTRATIVE FINE SCHEDULE CITATION TO MINN. STATUTES OR TO CITY CODE Traffic Control Signals $70.00 Minn. Stat. 169.06 § Speeding (1-9 MPH over limit) 60.00 Minn. Stat. § 169.14 Fail to Yield Right 70.00 Minn. Stat. 169.20 of way § Fail to Stop at a Stop Sign/Line 60.00 Minn. Stat. § 169.30(12) Headlamps 60.00 Minn. Stat. §169.49 Rear Lamps 60.00 Minn. Stat. § 169.50 Clearance and Marker Lamps 60.00 Minn. Stat. § 169.51 Projecting Load; Light or Flag 60.00 Minn. Stat. §169.52 Slow -Moving Vehicle, Sign Required 60.00 Minn. Stat. § 169.522 Lights for Parked Vehicles 60.00 Minn. Stat. § 169.53 Lights on All Vehicles 60.00 Minn. Stat. § 169.55 Auxiliary Lights 60.00 Minn. Stat. § 169.56 Vehicle Signals 60.00 Minn. Stat. § 169.57 Identification Lamps 60.00 Minn. Stat. § 169.58 Warning Lights 60.00 Minn. Stat. § 169.59 Distribution of Light 60.00 Minn. Stat. § 169.60 Composite Beam 60.00 Minn. Stat. § 169.61 Certain Lights Permitted on Old Motor Vehicles 60.00 Minn. Stat. § 169.62 Number of Lamps 60.00 Minn. Stat. § 169.63 Prohibited Lights; Exceptions 60.00 Minn. Stat. § 169.64 Specifications for Lighting and Other Devices 60.00 Minn. Stat. § 169.65 Brakes 60.00 Minn. Stat. § 169.67 Horn, Siren 60.00 Minn. Stat. §169.68 Muffler 60.00 Minn Stat. § 169.69 Motor Vehicle Noise Limits 60.00 Minn. Stat. § 169.693 Rearview Mirror 60.00 Minn. Stat. § 169.70 Windshield 60.00 Minn. Stat. § 169.71 9 Tire Surface; Metal Studs 60.00 Minn. Stat. ,§169.72 Prohibition; Operating Automobile with Unsafe Tires 60.00 Minn. Stat. § 169.724 Bumpers, Safeguards 60.00 Minn. Stat. §169.733 Wheel Flaps on Truck and Trailer 60.00 Minn. Stat. § 169.734 Automobile Fenders 60.00 Minn. Stat. § 169.74 Safety Glass 60.00 Minn. Stat. § 169.743 Flares Flags, or Reflectors Required 60.00 Minn. Stat. § 169.75 Fail to Yield Yield Sign 70.00 Minn. Stat. 169.201 at § Fail to Yield to Pedestrian in Crosswalk 70.00 Minn. Stat. 169.2151 § Seatbelt Violation 60.00 Minn. Stat. 169.686 § Fail to Use Child Restraint 70.00 Minn. Stat. 169.685 § Crossing Fire Hose MAO Minn. Stat. 169.41 § One Way Streets Alleys 70.00 Minn. Stat. 169.18, and § Subd. 6 Yield Intersections 7-0.00 Minn. Stat. 169.20, § Subd. 1 Stop Sign 70.00 Minn. Stat. 169.20, § Subd. 3 Passing the Right Prohibited 70.00 Minn. Stat. 169.18, on where § Subd. 1 Prohibitions; Stopping, Parking 70.00 Minn. Stat. 169.31 § Handicapped Parking 200.00 Minn. Stat. 169.346 § Littering From Motor Vehicle 7-5700 Minn. Stat. 169.42 § Snowmobiles 70.00 City Code § 51-6 Roller Skates; Skateboards 50.00 City Code § 51-8 Jake Braking Loud Muffler 7-5700 City Code $ 51 8 Recreational Vehicles violation 50.00 City Code § 51-7 Method of Parking 50.00 City Code § 51-2 Winter Parking; Snow Emergencies 50.00 City Code § 51-5 Open Burning or Leaves 100.00 City Code § 23-1, Subd. 10 Noise, Noisy Parties or Gatherings Electronic Sound System/Audio Equipment 100.00 100.00 City Code § 38-2 City Code § 38-3 Public Nuisance Defined 75.00 City Code § 38-1, 10 11 Subd. 2 Public Nuisances Affecting Health 75.00 City Code § 38-1, Subd. 2(1) Public Nuisances Affecting Peace and Safety 75.00 City Code § 38-1, Subd. 2(2) Animal Violations 50.00 City Code § 27-1-5 Public Parks: Hours of operation, permitted activities 50.00 50.00 CityCode § 48-5 Public Parks: Prohibited Acts City Code § 48-2 Conducted on Licensed Premises/Disorderly Conduct, Disorderly House, Alcohol, etc. 50.00 City Code § 43-1 Minn. Stat. § 609.72 Curfew 50.00 City Code § 52-11 Disturbing the Peace 150.00 City Code § 52-1 Sign Violations 75.00 City Code § 31-1-26(7) Possession of Alcohol in Public 75.00 City Code § 52-15 Public Urination 50.00 City Code §52-18 11 Stillwater Public Library 223 Fourth St. N. Stillwater MN 55082 651.275.4338 www.stillwaterlibrary.org Memo To: Diane Ward, City Clerk, City of Stillwater From: Lynne Bertalmio, Library Director RE: Library Board Vacancy March 13, 2014 At its regular meeting on March 11, 2014, the Board of Trustees passed a motion recommending the appointment of Doug Menikheim to the open seat on the Board. The vote was four in favor (Corbett, Keliher, Richie, Stark), one opposed (Gordon), two abstentions (Carlsen, Cassavante), and one member not present (Bell). Diane Ward From: Dave Magnuson<dtmagnuson@magnusonlawfirm.com> Sent: Thursday, March 13, 2014 3:12 PM To: Diane Ward Subject: Appointments to the Library Board Attachments: David T Magnuson.vcf Diane, Our city library was established by referendum pursuant to Minnesota Statutes Section 134.08. This law also sets forth the process for appointing and reappointing library boards. Minnesota Statues Section 134.09 controls appointments and therefore preempts local control of that process. The statue provides: "When library service is established, except in any city of the first class operating under a home rule charter, (we are a home rule city of the third class) the mayor of the city...shall appoint a board of five, seven or nine members from among the residents of the city..." The statute goes on to state that: "Not more than one council member...shall at any time be a member of the library board." In the present situation, the law permits one member of the city council to be a member of the board, but the law also requires that the appointment be first made by the Mayor, and then once approved by a majority vote of the city council, the appointment becomes effective. Dave Magnuson Stillwater City Attorney Magnuson Law Firm (6511439-5641 Fax (6511439-946'.`.- (6511492-09971 lobile (651} 439-6429 Home dtmagnuso-n-@magnusonlawfirm.com 324 MAIN STREET SOUTH Stillwater, MN 55082 MagnusonLawFirm,eom 1 Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: April 11, 2014 RE: Annual Commission Reappointment/Vacancies This memo is intended to provide Council with an update on the various commissions. Staff has advertised in the Gazette and will continue to advertise for Human Rights Commission. We have checked with all of these Commission Members that have terms expiring May 1st and report the following: Downtown Parking Commission Name Ward Expiring Term Requests Reappt Nov Applicant Daren Anderson 4 1st Yes Eric Beaudry 2 RECOMMENDATION: DTPC Chair and Council Rep recommend that Mr. Anderson be reappointed, and Mr. Beaudry be recommended for future openings. No other applications have been received. Open Seats: 1 Heritage Preservation Commission Name Ward Expiring Term Requests Reappt New Applicant Robert Goodman 3 1st Yes Jeff Johnson 1 8th Yes :....Amy Mino 1..............................................._1st ...........................:..........................Yes John Brach 2 Resigned Kari Branjord 3 Open Seats: 4 RECOMMENDATION: HPC Chair and Council Rep recommend that Ms. Mino and Messrs. Goodman and Johnson be reappointed. Mr. Brach's last meeting will be May 5th and it is recommended that Ms. Branjord be appointed to fill his unexpired term, with her first meeting being June 2nd. Washington County Historical Society's Board approved the reappointment of Mr. Goodman as their representative on the Commission, as required by Statute. Human Rights Commission Name Ward Expiring Term Requests Reappt New Applicant Don Hovland 1 1st Yes Jean Lifton 2 2nd Yes Mike Robertson 3 1st No RECOMMENDATION: HRC Chair and Council Rep recommend that Ms. Lifton and Mr. Hovland be reappointed. No new applications have been received, staff will continue to advertise for the Commission. April 11, 2014 Open Seats: 3 Park & Recreation Commission Name Ward Expiring Term Requests Reappt New Applicant David Brandt 4 4th Yes Rob McGarry 2 12th Yes Solveg Peterson 2 2nd Yes Don Stiff 4 1st Yes RECOMMENDATION: The PRC Chair and Council Rep recommend that Ms. Peterson and Messrs. Brandt, McGarry and Stiff be reappointed. No new applications have been received. Open Seats: 4 Planning Commission Name Ward Expiring Term Requests Reappt New Applicant : Jenna Fletcher 4 1st Yes...........................................................................................................................................:............................................:....................................................................:.............................................. Sean Hade 2 1st Yes Cameron Kelly 2 2nd Yes RECOMMENDATION: The CPC Chair and Council Rep recommend that Ms. Fletcher and Messrs. Hade and Kelly be reappointed. No new applications have been received. Open Seats: 3 Traffic Safety Review Committee Name Ward Expiring Term Requests Reappt New Applicant John Rheinberger 2 1st Yes :............................................................................................................................................:.............................................:.....................................................................:.............................................. David Jones 4 Open Seats: 2 RECOMMENDATION: The Traffic Safety Review Committee does not have an interview process, members of the Committee are appointed by Council. Attached is Mr. Jones' application from Ward 4. It is the intention of this Committee to have 1 member from each Ward. 2/Page April 11, 2014 ACTION REQUIRED: If Council agrees with the above information, Council should pass a motion adopting a resolution appointing these applicants to their respective Commissions/Committee with terms ending as indicated on the resolution. /nm 3/Page APPOINTING MEMBERS TO DOWNTOWN PARKING, HERITAGE PRESERVATION, HUMAN RIGHTS, PARK AND RECREATION AND PLANNING COMMISSIONS, AND TRAFFIC SAFETY REVIEW COMMITTEE NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their April 15th, 2014 regular City Council meeting hereby appoints the following: Commission Member I Ward Term Term Ending Downtown Parking Daren Anderson 4 2nd May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Heritage Preservation I Robert Goodman 3 2nd May 1, 2017 Heritage Preservation Jeff Johnson 1 9th May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Heritage Preservation Amy Mino 1 1st Full May 1, 2017 Heritage Preservation I Kari Branjord 3 Unexpired May 1, 2016 term of Brach Human Rights Don Hovland 1 2nd May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Human Rights I Jean Lifton 2 3rd May 1, 2017 Park and Recreation 1 David Brandt 4 5th May 1, 2017 Park and Recreation Rob McGarry 2 13th May 1, 2017 Park and Recreation Solveg Peterson 2 3rd May 1, 2017 Park and Recreation I Don Stiff 4 2nd May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Planning Jenna Fletcher 4 2nd May 1, 2017 Planning Sean Hade 2 2nd May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Planning 1 Cameron Kelly 2 3rd May 1, 2017 Planning I Don Stiff 4 2nd May 1, 2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Traffic Safety Review Committee 1 John Rheinberger 2 2nd I May 1, 2017 Adopted by Stillwater City Council this 15th day of April, 2014. Ken Harycki, Mayor ATTEST Diane F. Ward, City Clerk Summary of Proceedings Washington County Board of Commissioners April 8, 2014 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 Lehrke presided. Community Services Adoption of Resolution No. 2014-043, proclaiming April 2014 as Child Abuse and Neglect Prevention Month in Washington County. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Lehrke — reported that there is no County Board meeting on April 29 as it is the 5th Tuesday, but there will be a Resource Recovery Project Board workshop on that day. General Administration Approval of the following actions: March 25 and April 1, 2014, Board meeting minutes; Community Thread recognition of volunteers: 2014 Legacy Award — Deanna Skoug, Stillwater; 2014 Lifetime Volunteer Award — Pam and Larry Hall, Woodbury; 2014 Outstanding Volunteer Award — Trudee Watson, Stillwater; 2014 Group Volunteer Award — Tutor Team Volunteers from Solid Ground; and 2014 Youth Volunteer Award — Olive, Xavier, and Eliza Weston, Stillwater; - Resolution No. 2014-042, appreciation in recognition of Community Thread National Volunteer Week, April 6-13, 2014; - Legislative update presented; - In honor of National County Government month, presentations and acknowledgements were made to employees in Cottage Grove, Woodbury, the South Shop last week and the Government Center and Law Enforcement Center next week; - Board correspondence was received and placed on file; - Board workshop held to discuss the 2015 budget development. Public Health and Environment Approval of the following actions: - Agreement with the Minnesota Department of Health for the Statewide Health Improvement Program (SHIP) Implementation grant; - Public hearing held to consider the imposition of two new fees and their attending addition to the county's fee schedule; - Addition of a subsurface sewage treatment systems loan origination fee in the amount of $46 to Policy #1032; - Addition of a volatile organic compound water testing fee in the amount of $230 to Policy #1032; - Revision to Policy No. 1032 of the license fee for non-profit special event food stands. Public Works Approval of the following actions: - Placement Agreement No. 8800 and License No. 8799 with Data One Technology, LLC providing for Automatic Teller Machines at the Government Center and outlying county offices; - Resolution No. 2014-040, Agreement No. 05609 with the State of Minnesota, Department of Transportation; - Contract with Talisen Technologies, Inc. as the sole source provider of the annual software subscription and technical support for ARCHIBUS, the Integrated Workplace Management System software solution for county facilities; - Agreement with the Minnesota Department of Natural Resources to access ponds through county park land for rearing walleyes; - Contract change order 8 with Robert R. Schroeder Construction for the County Road 83 overpass project and work order 43; - Resolution No. 2014-041, authorize final payment for the County Road 83 overpass project to Robert R. Schroeder Construction; - Executive Session held to review appraisal data received for negotiation on the Cysiewski parcel in the City of Hastings for the Washington County Point Douglas Trail connection. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62"d Street N., Stillwater, Minnesota. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, Chair, District 4 Lisa Weik, District 5 BOARD AGENDA APRIL 15, 2014 — 9:00 A.M. 1. 9:00 Washington County Regional Railroad Authority (RRA) Convenes A. Roll Call B. Pledge of Allegiance C. RRA Meeting Minutes from March 11, 2014 D. Amendment No. 2 — Financial Management Services Agreement with the Red Rock Corridor Commission E. Resolution — Support Findings of the Alternatives Analysis Update Study for the Red Rock Corridor 9:20 F. Adjourn 2. 9:20 Washington County Board of Commissioners Convenes Roll Call 3. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation 10 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 tf it is not relevant to an issue that is part of Washington County's Responsibilities 4. 9:25 Consent Calendar — Roll Call Vote 5. 9:25 Community Services — Dan Papin, Director 2014 Nine Month Contract with Canvas Health, Inc. 6. 9:30 General Administration — Molly O'Rourke, County Administrator Legislative Update 7. 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. Board Correspondence 9. 9:55 Adjourn 10. 10:05 to 10:50 — Board Workshop with Property Records and Taxpayers Services A. Overview of New Voting System B. Discuss Final 2014 Property Taxes 11. 10:55 to 11:40 — Board Workshop with Public Works Review and Finalize a Comment Letter on Thrive MSP 2040 12. 11:45 to 12:30 — Board Workshop with Public Works Update on the North Shop Schematic Design Assistive listening devices are available for use in fhe County Board Room 11rn„ nnnrl accic7 r,m rli.0 rn dic'hilill. nr Iona, uan h�r.icr rlc_ cell (P4c A" -866n EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 15, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Community Services Property Records and Taxpayer Services Public Works A. Approval of the April 8, 2014 Board meeting minutes. B. Approval to appoint Lee Ann Cox, Small Business Representative, and Ann Lindquist, Community Based Organization Representative, to the Workforce Investment Board to three-year terms expiring June 30, 2017. C. Approval of 2014-2018 Group Residential Housing agreement with Integrity Senior Housing, dba Oak Ridge Place Assisted Living. D. Approval of 2014-2016 contract with REM Minnesota Community Services to provide in home services for persons with developmental disabilities. E. Approval to proceed with a permanent use of fund balance to close out the Help America Vote Act grant fund 129. F. Approval of resolution to enter into Agreement No. 05503 with the Minnesota Department of Transportation (MN/DOT), for MN/DOT' s cost share of the County State Aid Highway (CSAH) 21 realignment project in the Cities of Oak Park Heights and Bayport; and authorization to enter the following cooperative agreements for the CSAH 21 realignment project: City of Oak Park Heights for construction cost share and maintenance agreements; and City of Bayport for construction cost share and maintenance agreements. G. Approval of contract with Mission Management Information Systems, Inc., as the sole source for Campground Manager® for online campground reservations at Washington County parks and the only qualified source to provide technical support of Campground Manager®. H. Approval of resolution to submit a grant application to the TIGER Discretionary Grant program for an interchange on Trunk Highway 36 at Hadley Avenue. 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 Irl..,,. nmr ardefanr.o In rrieahuay.,r mng.�aga ha.dor pra-,� ,.amu (RF1I 4211 anon EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA APRIL 8, 2014 - 9:00 A.M. Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, Chair, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfunction of Washington County Government, whether or not the issue is listed 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 conte 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 Community Thread — Sally Anderson, Executive Director Resolution — Recognizing Volunteers of Community Thread 5. 9:30 Public Hearing — Public Health and Environment — Lowell Johnson, Director Revised Policy #1032, 2014 Fee Schedule 6. 9:40 Community Services — Don Pelton, Supervisor Resolution — Proclaiming April, 2014 as Child Abuse Prevention Month 7. 9:45 General Administration — Molly O'Rourke, County Administrator Legislative Update 8. 9:55 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on natters 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. 9. Board Correspondence 10. 10:10 Executive (Closed) Session with Public Works Review Appraisal Data Received for Negotiation on the Cysiewski Parcel in the City of Hastings for Washington County Point Douglas Trail Connection 11. 10:25 Adjourn 12. 10:30 to 11:00 — Board Workshop with the Office of Administration Discuss the 2015 Budget Development 12:00 — Joint Meeting with the Ramsey County Board of Commissioners — Oak Marsh Golf Course 526 Inwood Avenue North Oakdale, MN Assistive listening devices are available for use in the County Board Room Ifyr. ,.,m.tadcianra oh ,o in rhea h;�»,.,r rn„p„nao l051) asn.annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * APRIL 8, 2014 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of the March 25 and April 1, 2014 Board Meeting minutes. Public Health and Environment B. Approval to enter into an agreement with the Minnesota Department of Health for the Statewide Health Improvement Program (SHIP) Implementation Grant in the amount of $653,121 from April 1, 2014 to October 31, 2015. Public Works C. Approval of Placement Agreement No. 8800 and License No. 8799 with Data One Technology, LLC providing for Automatic Teller Machines (ATMs) at the Government Center and outlying county offices. D. Approval of resolution with the Minnesota Department of Transportation for federal aid for right of way acquisition related to the Hardwood Creek Regional Trail extension in Hugo. E. Approval of contract with Talisen Technologies, Inc. as the sole source provider of the annual software subscription and technical support for ARCHIBUS, the Integrated Workplace Management System software solution for county facilities. F. Approval of agreement with the Minnesota Department of Natural Resource's agreement to access ponds through county park land for rearing walleyes. G. Approval of contract change order 8 with Robert R. Schroeder Construction for the County Road (CR) 83 overpass project in the amount of ($5,134.25) and work order 43 in the amount of $1,213.60; and adoption of resolution authorizing final payment in the amount of $3,816.54 for the CR 83 overpass project. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room If y,,, naa.+ a«icmnnn nie,himl. n.InnA,mop Mnr mr rr4aea nail ‘R541.4311 anon EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners April 1, 2014 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 Lehrke presided. Accounting and Finance Approval of a one-year contract with Dunbar Armored, Inc. to provide secure pick up and drop off services for county facilities. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Miron — reported he attended the Rush Line Corridor meeting last week where they discussed cost-sharing dollars for the pre -project development study; he thanked staff for their efforts in the League of Local Governments meeting held last evening; and he asked for a follow up to the County Board on the success of the Valley Cartage tax abatement; - Commissioner Weik — asked that fiber optics be discussed at the joint meeting with the Ramsey County Board of Commissioners next week; and she reported that the Gateway Corridor Commission held a successful legislative visit last week; - Commissioner Kriesel — thanked his fellow Board members and county staff for their support during his absence; - Commissioner Lehrke — reported that the Red Rock Corridor met and approved the Alternative Analysis update recommendation for Bus Rabid Transit as the preferred mode, and she was elected Chair. General Administration Approval of the following actions: - Reappoint Jack Lavold, Cottage Grove, and Michael Madigan, Woodbury to the South Washington Watershed District Board of Managers; - Appoint Lisa Genosky, Woodbury, to the Historic Courthouse Advisory Committee; - Resolution No. 2014-031, support conveyance of surplus state land for a new fire station in the City of Bayport; - Appoint Brian Zeller, Lakeland, to the Housing and Redevelopment Authority Board of Commissioners; - Resolution No. 2014-039, appreciation to Washington County employees in honor of National County Government Month, April 2014; - Reminder of joint meeting with the Ramsey County Board of Commissioners to be held at the Oak Marsh Golf Course, Oakdale, next Tuesday, April 8 at 12:00; - Board correspondence was received and placed on file. Library Board workshop held to discuss the impact of changing county demographics on demand for library services and the impact these changes will have on libraries. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2014-032, conveyance of tax forfeited land to the Whistling Valley Homeowner Association; - Resolution No. 2014-033, conveyance of tax forfeited land to the Victor Gardens Master Homeowners Association; - Resolution No. 2014-034, conveyance of tax forfeited land to the Stoney River Homeowners Association; - Resolution No. 2014-035, repurchase of tax forfeited land by Whistling Valley Homeowners Association; - Resolution No. 2014-036, lawful gambling exemption for the Disabled Veterans Rest Camp Association; - Renewal on an On Sale and Sunday Liquor License for Afton Alps Resort, Denmark Township. Public Works Adoption of Resolution No. 2014-037, bid award for installation of fiber optic cabling from radio drive to the Newport Transit Station to Trace Technologies. Sheriff's Office Approval of the following actions: - New 1.00 full time equivalent (FTE) Public Safety System Manager; - New .50 FTE special project Office Support II position through December 31, 2015; - Amendment to the Joint Powers Agreement with the State of Minnesota, Commissioner of Corrections for housing offenders in the Washington County Jail; - Resolution No. 2014-038, National Public Safety Telecommunications Week, April 13 — 19, 2014. 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. Summary of Proceedings Washington County Board of Commissioners March 25, 2014 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Autumn Lehrke, District 4; and Lisa Weik, District 5. Commissioner Gary Kriesel, District 3, absent. Board Chair Lehrke presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — reported she attended the Library Board meeting which was held at the renovated Wildwood Library; and she participated in a National Association of Counties webinar regarding transportation; - Commissioner Miron — reported he attended the Minnesota Inter -County Association meeting. Community Services Approval to release the Draft 2014 Annual Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs for public comment including the 2014 CDBG/HOME funding recommendations. General Administration Approval of the following actions: - March 18, 2014, Board meeting minutes; - Reminder that the League of Local Governments meeting will be held on Monday, March 31, at 5:00 p.m., Lake Elmo Event Center; - Board correspondence was received and placed on file; - Board workshop held to discuss legislative issues. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2014-030, lawful gambling exemption for Ruffed Grouse Society, Missi-Croix Chapter; - Board workshop held to discuss Assessment Year 2014/Pay 2015 property valuations. 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.